ADHERENCE TO INTERNATIONAL STANDARDS

In the national system of guarantees of rights and freedoms a special place belongs to the institution of judical relief. Strengthening and increasing the authority of the judiciary as an important guarantor of human rights has become a priority for the country’s reform, democratization and renewal of society.

A significant step in ensuring respect for human rights was the Presidential Decree "On transferring to courts the right to issue sanctions for arrest" of August 8, 2005, which served as the basis for making the appropriate changes and additions to some legislative acts, in particular, the Criminal Procedure Code, the Law "On Courts," "On Prosecutor’s Office".

This in turn would create the necessary legal framework for the introduction of the practice of the Institute "Habeas corpus".

The Concept of further deepening democratic reforms and formation of civil society in the country emphasized that one of the key priorities of democratic renewal is consistent democratization, liberalization of judicial-legal system, aimed at ensuring the rule of law, protection of rights and interests of the individual, the formation of the rule of law and justice of the people .

To this end, over the years of independence the country implemented a set of organizational and legal measures aimed at the consistent strengthening of the judiciary, ensuring the independence and autonomy of the court. The court has turned into a truly independent institution of the state, called reliably protect and defend the rights and freedoms of a human. In particular, serves as proof of implementation in 2008, the institute "Habeas corpus." Uzbekistan became one of the first countries in the former Soviet Union, who introduced it at home.

The starting point in this regard is the Presidential Decree "On transferring to courts the right to issue sanctions for arrest" dated August 8, 2005. In it head of the state stressed that the most important task of reform of the Uzbek legal system is to ensure effective protection constitutional rights and freedoms, especially the right to protection against unjustified criminal prosecution and interference in his private life, security of person. The introduction of "Habeas Corpus", i.e. the transfer of the public prosecutor to courts the right to issue sanctions for arrest as a preventive measure made it possible to optimize the work of the investigator, the prosecutor, the accused and counsel.

Also, the transfer functions of the courts to authorize detention made it possible to objectively decide the question of restricting freedom during the trial. In 2008 the total number of courts of preliminary investigation of petitions on the use of detention percentage deviation was about 1,5%, in 2014 this ratio fell to 0,1%. This suggests that both the investigators and prosecutors have become more responsible attitude to the question of a petition before the court on the application of a preventive measure in the form of detention.

Transfer to courts the right to issue sanctions for arrest in Uzbekistan shows the sequence of implementation into national law the rules of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights and other universally recognized principles and norms of international law. This institute is widespread and recognized in the legal systems of many countries.

On January 1, 2008, he entered in the judicial and legal practice of the Republic of Uzbekistan.

For greater effectiveness of the "Habeas corpus" in the Concept of further deepening democratic reforms and formation of civil society in the country, the President proposed to make changes and additions to the chapters 29 and 31 of the Criminal Procedure Code of the Republic of Uzbekistan, providing the order in accordance with which such measures of procedural coercion, applied in pre-trial stage, as the suspension and placement of a person in a medical institution may be implemented only with the authorization of the judge. These proposals are reflected in the Law "On amendments and additions to some legislative acts of Uzbekistan in connection with the further reform of the judicial system" dated September 12, 2012. In separate articles of the law clearly stated grounds and periods dismissal of the accused from office premises person to forensic medical examination institution.

The next stage of expansion of the scope of the institute "Habeas Corpus" was the transfer of courts last fall on a statutory basis for the authority to elect a preventive measure in the form of house arrest.

The transfer of powers from the prosecutor of the court has allowed authorities to strengthen judicial supervision at the stage of preliminary investigation, thereby expanding the scope of the institute of "habeas corpus" in the criminal process, which in turn allowed for the implementation of universally recognized principles and norms of international law for the protection of the rights and freedoms.

In this context, appropriate to cite the following figures. In 2014, the court dismissed 83 people, 522 - sent to medical facilities for compulsory treatment, six persons placed under house arrest.

Establishment of a judicial order of detention, extension of its period, removal from office and the placement of a person in a medical institution, as well as the selection of a preventive measure in the form of house arrest, places greater responsibility on the judges to identify the early stages of the proceedings the investigating errors, helps to ensure effective protection of the rights and legitimate interests of the person who turned the focus of law enforcement. And, therefore, given the need of special knowledge and skills in dealing with the above issues, it was given, and continues to devote considerable attention to appropriate training and retraining.

Thus, according to the program of training of judges of courts of general jurisdiction in special courses in the Judicial Training Center under the Ministry of Justice of the Republic of Uzbekistan in the last year 209 judges receive adequate training.

Practical implementation in the legislation and implementation in practice of the Institute "Habeas Corpus" reaffirmed the commitment of the Republic of Uzbekistan with international standards and requirements in the field of human rights protection, as well as full compliance with its international obligations.

IA "Jahon"