A/HRC/44/47/Add.1
policies of a country must ensure that the justice system is truly independent from other
branches of the State. Within the justice system, judges, lawyers and prosecutors must be
free to carry out their professional duties without political interference and must be
protected, in law and in practice, from attack, harassment or persecution as they carry out
their professional activities.
7.
The preamble of the Constitution of Uzbekistan recognizes that generally accepted
norms of international law take precedence over national legislation. However, the
Constitution does not include any provisions stating that international treaties or standards
on human rights take precedence over national legislation in case of conflict with
provisions contained in ordinary laws or regulations. The inclusion of such a provision in
the Constitution is highly recommended.
B.
The justice system
8.
The judicial system of Uzbekistan consists of the Constitutional Court; the Supreme
Court; military courts; and civil, criminal, administrative and economic courts established
at the interdistrict, district and city levels. The autonomous Republic of Karakalpakstan and
the city of Tashkent have their own courts. The organization and functioning of these courts
is regulated by law (art. 107).
9.
The Constitutional Court is the judicial body in charge of hearing cases on the
constitutionality of laws and acts having the force of law adopted by the executive
authorities. Its composition and functioning are regulated by the Constitution (arts. 108 and
109) and the Law on the Constitutional Court.2
10.
The Supreme Court is the supreme judicial authority in civil, criminal, economic and
administrative matters. It supervises the administration of justice in lower courts, and its
decisions are binding in the entire territory of the country and not subject to appeal (art.
110).
11.
Military courts hear military cases in respect of crimes committed by military
officers, officers of the national security service, officers of internal affairs, as well as cases
of crimes related to breaches of State secrets. At present, there are 12 military courts (1 in
each administrative region), with a structure similar to that of ordinary courts. Military
courts are subordinated to the Supreme Court.
12.
Regional courts hear appeal cases of a civil, criminal, economic or administrative
nature. There are 12 regional courts located in the capital city of each region. Tashkent city
courts belong to the category of regional courts because they have wider power than
ordinary city courts and are structured in the same way as regional courts.
13.
First instance courts are established at the interdistrict, district and city levels to hear
cases of civil, criminal and administrative nature. Their functioning is regulated in article
37 of the Law on Courts.
14.
The judicial system of the autonomous Republic of Karakalpakstan consists of the
Supreme Court, which is the highest judicial body in civil, criminal and administrative
matters; the Economic Court of the Republic of Karakalpakstan; and interdistrict, district
and city courts. Their organization and functioning is regulated by law.
15.
According to the Constitution, the system of public prosecution supervises the strict
and uniform observance of laws on the territory of Uzbekistan (art. 118). It consists of the
Prosecutor-General’s Office and its subordinate offices. The Prosecutor-General directs the
centralized system of bodies of his or her office and appoints the prosecutors at the
interdistrict, district and city levels (art. 119). The organization and functioning of these
bodies are regulated by the Law on Public Prosecution 3 and the Law on Combating
2
3
4
Law No. ZRU-431 of 31 May 2017.
Law No. 257-II of 29 August 2001.
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