Journal of Civil & Legal Sciences
Open Access

In accordance with the norms of the Constitution of the Republic of Uzbekistan, democracy in our country is based on universal principles, according to which man, his life, freedom, honor, dignity and other inalienable rights are the highest value.

The transfer to courts of the right to issue sanctions for detention in Uzbekistan shows the sequence of implementation of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, as well as other generally accepted principles and norms of international law into national legislation.

It should be noted that Uzbekistan increases the role of the court in pre-trial proceedings since independence, securing fundamental ideas for the protection and defence of the legitimate interests of the individual in court in the Basic Law - the Constitution of the Republic of Uzbekistan [1].

Giving priority to the method of evolutionary development, our society, step by step, is moving towards establishing independent judicial control over pre-trial proceedings. This is evidenced by the fact that the implementation of the protection of human rights and interests in Uzbekistan is one of the priorities of state policy.

The Constitution of Uzbekistan guarantees everyone the judicial protection of his rights and freedoms, the right to appeal to the court against illegal actions of state bodies, officials and public associations. This constitutional norm was developed in the Criminal Procedure Code of the Republic of Uzbekistan. It should be noted that criminal procedural legal relations are the sphere of relations that are most sensitive to human rights, since the implementation of criminal procedure increases the risk of violations of constitutional rights of citizens [2]. Therefore, one of the most important principles of the criminal process is the protection of the rights and freedoms of citizens. In accordance with Article 18 of the Code of Criminal Procedure, all state bodies and officials responsible for conducting criminal proceedings are obliged to protect the rights and freedoms of citizens participating in criminal proceedings. The fulfilment of these duties by the said state bodies and officials is supervised by the prosecutor and the court [3].

Establishing a judicial procedure for sanctioning detention and extending its term imposes great responsibility on judges to identify and establish investigative errors in the early stages of court proceedings, which allows for the effective protection of the rights and legitimate interests of a person who has become the focus of attention of law enforcement agencies.

The implementation of the E-SUD system in national legislation was developed in 2013 and is being implemented in the framework of a joint project of the Supreme Court of the Republic of Uzbekistan, the United States Agency for International Development (USAID) and the United Nations Development Program “Partnership in the Rule of Law in Uzbekistan”. Faster, easier and cheaper - these are the characteristics that shape the innovative e-justice system. Its main objectives are to increase the efficiency of the courts, to ensure transparency and accessibility of the judicial system, as well as to strengthen public confidence in the courts. Already now: the summons comes to citizens on the telephone, and the judgment by e-mail; without leaving your home, you can send documents and pay a fee in all 75 civil courts of the country at any time of the day; trace the dynamics of the case - without coming to the courthouse. The widespread introduction of modern information and communication technologies (ICT) into the work of courts increases the efficiency of court clerical work, makes it possible to achieve a fundamentally new level of openness and accessibility of justice, contributes to the full realization of citizens’ constitutional rights to judicial protection, ensuring the integrity and effectiveness of courts impeding corruption, reducing and eliminating bureaucracy in the court system. Now in Uzbekistan, citizens and legal entities will be able to file claims to the courts via the Internet using the electronic system E-SUD [4].

With the help of the E-SUD system, it is possible to file applications through the Internet, claim statements to the courts, receive court decisions and notices in electronic form. There is also an automatic preparation of court documents and decisions based on the developed samples and templates, automatic distribution of civil cases among judges, a search in the database, automation of a single database of court documents, preparation of court reports in an approved form, and much more.

E-SUD allows citizens and representatives of legal entities to save time and resources, track the progress of consideration of an application, and quickly and conveniently receive all the necessary information on a civil case. This information system allows judges to improve the efficiency of working with applications, eliminate duplicate functions, and automate repetitive processes and actions when considering civil cases [5].

At present, inter-district civil courts in Andijan, Fergana, Namangan, Syrdarya and Jizzakh regions have local computer networks, there are necessary switching equipment, workstations of judges and secretaries are connected to the Internet equipment for connecting and using information system. The new program also significantly reduced the costs associated with handling cases. From now on, citizens do not have to go to court, as they can receive information of interest through E-Sud.

Essential matters are the basic services and services of E-SUD for legal entities and individuals (electronic filing of an application, a claim in the courts, tracking the progress of consideration of an application, receiving court decisions and notices in electronic form), and the procedure for working in the system for judges (automatic preparation of court documents and decisions based on the developed samples and templates, automatic distribution of civil cases among judges, search in the database, automation of a single database of court documents, preparation of court reports . Comrade an approved form of ISES «E-SUD» allows external users (plaintiffs, defendants, and others.): Uzbekistan has developed and launched an electronic information system of legal proceedings (ISES) «E-SUD».

ISES E-SUD allows external users (plaintiffs, respondents, etc.):

1. Submit claims and applications, as well as other applications to the court in electronic form;

2. Track things through the electronic system at any time of the day and regardless of distance;

3. Receive the subpoena and notices in electronic form through the information system. Court summons and notices can be received in the form of SMS - messages or e-mail, which causes their automatic departure without the participation of a judge or judicial personnel [6].

4. Receive court documents without a physical visit to the court;

5. Publish court decisions on the website.

• For internal users (judges, court staff, etc.), ISES E-SUD allows:

6. Introduce electronic document circulation,

7. Notify the participants in the case of changes in the civil case and new procedural documents adopted in the case;

8. To carry out automated collection, processing and storage in the database of information systems for the case necessary for statistical reporting, in the preparation of procedural documents;

9. Generate procedural documents, based on the developed templates using data from the information system database;

10. Automatic publication of decisions taken in the office of external users involved in the case;

1. Automatic reporting and other documents.

At the end of 2014, Uzbekistan launched the joint project of the Supreme Court of the Republic of Uzbekistan and the UNDP in Uzbekistan “Partnership in the Field of Rule of Law in Uzbekistan”, one of the main goals of which is the further development and improvement of the ISES E-SUD with the inclusion of an appeal and appeal mechanism and supervisory production, as well as full piloting of the system in other regions of the country [7].

For more detailed acquaintance with ISES E-SUD and submission of applications, as well as other judicial documents to judicial authorities, you can use the services of the web portal of the information system - v3.esud.uz.

Also, the E-SUD ‘Biznes Vestnik Vostoka’ Newspaper November technology was introduced into the judicial system of Uzbekistan. These resolutions included the judicial reform of Uzbekistan. All these measures will serve the interests of liberalization and democratization of the criminal procedure legislation, strengthening the guarantees of the protection of the rights, freedoms and legitimate interests of citizens in criminal proceedings. Thus, expanding the scope of application of the habeas corpus institution, being one of the factors for strengthening judicial supervision, will serve to continue work to strengthen the independence and independence of the court, judicial control at the stage of pre-trial proceedings. In the Law of the Republic of Uzbekistan “On Courts”, such constitutional principles as the administration of justice only by the court, equality before the law and the court, the right to judicial protection, the presumption of innocence were established.

All of the above principles can be divided into judicial and legal proceedings (procedural). The principles of judicial organization include: the independence of the judiciary from the legislative, executive authorities, political parties, other public associations and their subordination only to the Constitution and laws; unity of the judicial system of the Republic of Uzbekistan; legality; administration of justice only by the court; independence of judges; immunity of judges; publicity of legal proceedings; compulsory judicial acts; court language; equality before the law and the court; right to judicial protection [8].

The independence of the judiciary means that the judiciary is one of the three branches of government and other branches of government cannot influence justice, because the courts are subject only to the Constitution and the law.

The unity of the judicial system of the Republic of Uzbekistan. This principle was enshrined in article 107 of the Constitution of the Republic of Uzbekistan, according to which the judicial system in the Republic of Uzbekistan consists of the Constitutional Court of the Republic of Uzbekistan, the Supreme Court of the Republic of Uzbekistan, military courts, courts of the Republic of Karakalpakstan in civil and criminal cases, regional and Tashkent city courts in civil and criminal cases, economic and administrative courts of the Republic of Karakalpakstan, regions and city of Tashkent, inter district, district, city courts by citizens Skim cases, district and city courts in criminal cases, inter-district, district, city economic courts, and district and city administrative courts.

As we know, President of Uzbekistan Shavkat Mirziyoyev signed a decree on the creation of the “Palace of Justice”. The institute will be created to ensure the implementation of the principles of openness, transparency and accessibility of justice, further enhancing the authority of the court as an independent branch of government, strengthening public confidence in justice, and expanding the use of information and communication technologies in the courts. The Palace of Justice complex will house the Supreme Judicial Council, Constitutional Court, Supreme Court, Research Centre for the Study of Justice at the Supreme Judicial Council, Department for Security elnosti courts under the Supreme Court of the Republic of Uzbekistan and the Association of Judges of Uzbekistan, as well as the building formed the Academy of Justice of the Republic of Uzbekistan. Legislative principles of justice are the fundamental legal basis for the organization and activities of a truly democratic court that meets the requirements and conditions of today. Under the condition of strict observance of all these principles, it is possible to achieve high results in improving the efficiency of justice, the role of courts in carrying out tasks to protect the rights and interests of citizens. “To ensure fairness, openness and transparency of the consideration of cases in courts, a system of electronic distribution of cases has been introduced. From now on, it is the electronic program that determines which judge will consider the case, without human intervention. In order to ensure the openness and legality of judicial and investigative activities, as well as to reduce costs and bureaucratic red tape, the systems of “electronic criminal case” and “remote interrogation” are being introduced. The powers of lawyers in ensuring the rights and freedoms of citizens have been expanded. All this is the result of our judicial and legal reforms. At the same time, it is necessary to create a truly democratic and transparent system for selecting candidates for the position of judge, studying their personal and professional qualities. In particular, we consider it expedient to legislatively fix such a procedure, when candidates for the position of judge are recommended taking into account public opinion, ”President Shavkat Mirziyoyev said in his report at a solemn meeting devoted to the 26th anniversary of the adoption of the Constitution of the Republic of Uzbekistan.