PROSPECTS FOR IMPROVING THE LEGISLATION ON ADMINISTRATIVE COURT PROCEEDINGS: LEGAL STATUS OF THE PARTIES

Аннотация

INTRODUCTION 2017 in order to ensure reliable judicial protection At the current stage of the country’s development, of the rights, freedoms, and legitimate interests of the successful implementation of large-scale citizens and business entities, to implement the reforms and the achievement of the goals of the constitutional norm for the implementation of Development Strategy of New Uzbekistan for 2022- administrative court proceedings, as well as to 2026 require the rule of law in relations with increase the legal culture of the population. administrative bodies, ensuring the rights and legitimate interests of citizens and business RESULTS entities, and establishing effective judicial control It was determined that the primary task of over the activities of state bodies and officials. administrative courts is to ensure the rule of law in Article 55 of the Constitution of the Republic of the relations of citizens and business entities with Uzbekistan guarantees everyone the right to state bodies, as well as to effectively protect their judicial protection of their rights and freedoms, and rights and legitimate interests. to appeal to the court against unlawful decisions, In 2017–2023, administrative courts reviewed actions and inaction of state bodies and other 98,861 applications (complaints), of which 59,475, organizations, as well as their officials. or 60.2 percent, were satisfied, restoring the Administrative courts were established on June 1, violated rights of citizens and legal entities. https://www.theamericanjournals.com/index.php/tajpslc 58 THE USA JOURNALS THE AMERICAN JOURNAL OF APPLIED SCIENCES (ISSN – 2689-0992) VOLUME 06 ISSUE06 The Code of Administrative Judicial Procedure of From this point of view, based on certain problems the Republic of Uzbekistan, adopted in 2018, arising in the practice of applying law related to the played an important role in ensuring the rule of law legal status of the parties in the legislation of in relations with administrative bodies, protecting administrative court proceedings, we believe that the violated or disputed rights, freedoms, and it is necessary to focus on the following issues. legitimate interests of citizens and legal entities, First of all, Paragraph 25 of the Action Plan for 2024 and created a solid legal foundation for the on Ensuring the Rule of Law and Organizing Public development of administrative justice in the Administration in the Service of the People of the country. Strategy “Uzbekistan – 2030”, approved by the The Development Strategy of New Uzbekistan for Decree of the President of the Republic of 2022–2026 envisages, as one of the main goals of Uzbekistan No. PF-37 dated February 21, 2024, transforming the principles of justice and the rule provides for the establishment of measures to of law into the most basic and necessary conditions ensure the personal participation of persons for development in our country, the establishment participating in the case (respondents) in court of effective judicial control over the activities of sessions, as a rule, in order to ensure the rule of law state bodies and officials, and the expansion of the in relations with administrative bodies and scope of application of judicial control by guarantee the protection of the rights of citizens or improving the system of considering complaints entrepreneurs. against decisions of officials in administrative In judicial practice, there are problems in ensuring courts. the participation of responsible officials even in Paragraph 5 of the Action Program for the cases where it is necessary for a comprehensive, Implementation of the Short-Term Strategy for complete and correct resolution of the case, which Bringing the Judicial System to a Qualitatively New has a negative impact on making a legal and fair Level for 2023–2026, approved by the Decree of decision. Therefore, it is necessary to introduce the President of the Republic of Uzbekistan No. PF- into procedural legislation a provision requiring 11 dated January 16, 2023, stipulates the the mandatory participation of an official of the development of a Concept for Improving state body whose decision (action) is being Administrative Judicial Proceedings in order to appealed or his (her) representative in the court improve administrative judicial proceedings based session. on a critical analysis of law enforcement practice Article 47 of the Civil Code of the Republic of and taking into account advanced foreign Uzbekistan stipulates that state bodies and other experience. persons may file applications to protect the rights The “Uzbekistan – 2030” strategy also sets out and legally protected interests of citizens and legal tasks for establishing effective judicial control over entities, and that the said bodies and persons who the activities of state bodies and officials and file applications shall exercise all the rights of the further developing the administrative justice applicant and assume his/her oblig