JUDICIAL REVIEW AS A FUNCTION OF THE JUDICIARY

Аннотация

INTRODUCTION court proceedings and in the post-trial stages. The introduction of the institute of judicial review in the Republic of Uzbekistan is one of the main Different opinions are put forward on the directions of judicial and legal reforms. In the difference between the concepts of “review” and doctrine of law, judicial review is now considered “control” among scientists, taking into account the as one of the functions of the judiciary, which is subordination of the object of control to the subject recognized not only as a procedural guarantee of of control as the main criterion. In particular, H. the rights and freedoms of citizens, but also as a Odilkariev, B. Kasimov, E. Hodzhiev and T. means of establishing the rule of law in a society. Hodzhiev explain the concept of review “as a type Therefore, nowadays, the perception that the of management activity carried out by specially judiciary should administer only fair trial has authorized state bodies in order to ensure the rule changed, leading to the need for judicial review in of law in the activities of objects that are not order to achieve full justice. This, in turn, serves to subordinated to them” [1]D. Mirazov, on the other ensure the rule of law in practice by exerting its hand, is of the opinion that the concept of “judicial influence on ensuring the supremacy of law in all control” is more rational to be used in order to spheres of public life. As a result, this promotes the define not the process when the courts on criminal system in which state bodies, their officials and cases take control over actions and decisions of the citizens are obliged to comply with the law; where investigative bodies in pre-trial period, but the violations of the law are prevented or eliminated; process of oversight over the legality of those when citizens are protected by courts both during actions and decisions [2]. https://www.theamericanjournals.com/index.php/tajpslc 95 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 According to the Uzbek dictionary, the word the substantial law, the special judicial review is “control” is derived from the word “controle-contre exercised in the manner prescribed by the role”, which means to check, to supervise, while the procedural law. word “review” is explained as to manage, to This is supported by L. Savyuk and N. Kolokolov, constantly monitor actions of some parties, to who confirmed that the judiciary functions take the check [3]. form not only of a fair trial, but also of the According to the Uzbek legal encyclopedia, constitutional review over the legality of normative “review” is one of the forms of activity of state documents; judicial review over the legality and bodies aimed at ensuring the rule of law [4]. validity of decisions, as well as, action of the bodies carrying out operational search, inquiry and In our opinion, in both cases, control and review preliminary investigations; guarantee of are aimed at the same goal, and it is not expedient enforcement of judicial decisions; interpretation of to divide it into types according to their objects. In laws based on judicial practice; formation of addition, since the word “control” is not derived judicial corpus; assistance to judicial society; from the Uzbek language, it is not appropriate to overview over the legality of decisions of local include it in legal terminology only on a formal representative and executive bodies [5]. basis. Therefore, instead of subordinating the objects of review in order to define the concept, it Thus, judicial review differs from administration of is more rational to pay attention into the forms and a fair trial in the following ways: powers of control conferred on it by the law in judicial review is performed not always in a order to specify general and special types of procedural form; judicial review. In particular, due to the fact that the procedural mechanism of judicial review of fair trial is one of the forms of judicial review; preliminary investigative actions and the review of while fair trial is administered on the basis of decisions of lower courts by a higher court is application and complaint of the parties, judicial specified in the law, it is rational to classify them review is initiated by the competent courts; collectively as a special judicial review, whereas, judicial review shall be exercised on the basis of the the supervision over the execution of decisions of rules of substantive law, while fair trial shall be the Plenum of the Supreme Court by the courts, exercised on the basis of the rules of procedural supervision over the execution of other court law. orders, supervision by regional courts over activities of inter-district, district courts can be The legal basis of judicial review is provided by generalized as a general judicial review. substantive and procedural laws, through which the courts may protect the rights and freedoms of From the point of view o