Senior science researcher at Tashkent State University
of Law
THE ISSUES OF OPTIMIZATION THE STAGES OF CIVIL PROCEDURE
Human
rights, freedoms and legal interests of its step-by-step implementation of the
country and the structural reform of the judicial framework. Reforming the
judicial system, one of the components of the civil procedural legislation has
become an integral part of the ongoing reform process.
As you
know, on August 30, 1997, the Civil Code, a citizen of the Republic of
Uzbekistan adopted the content of this Code during the last years a new humane
principles, the procedural norms on the mechanism completed, the liberalization
of the judicial-legal system of relationships based on the relevant amendments
and additions to the sunset .
At this
time, the legislation regulating the legal proceedings in the form of a
simplified study of the issue and the development of its lead, in turn, creates
a solid foundation for the further development and improvement of legislation
in this area, this area allows you to determine the main directions of the
field of national procedural law.
However,
the current conditions in civil courts, watching the growing number of
applications received for a violation of citizens' rights and legitimate
interests of immediate protection, to reduce the workload of the courts and
simplification of court proceedings narrow important role and the norms of
civil procedural law to enter the rapidly changing world.
World
experience shows that, in accordance with the legal simplification in two
directions. The first of these, the view is different from the general
provisions of certain types of work (for example, less significant,
regulations, etc.) for simplified rules of procedure, the court proceedings if
the introduction of a special type, the second line of the violated rights and
legitimate interests posing an obstacle to appeal to the court cases, to
overcome some of the obstacles in the process of reduction.[1]
Simplification
of court proceedings or optimization is always theorist’s debate by scientists.
For example, the Uzbek scholar protsesualist M.M.Mamasiddiqov in order to
reduce the workload of judges, court procedures were simplified procedural
forms of development of civil procedural law is rated as one of the most
important areas for improvement,[2]
M.A.Cheremin civil works without taking into account their specific features,
which are the same for all procedures suggests the purpose of the application
is not relevant.[3]
Theoretician, a group of scientists to simplify the process of civil,
that is made to offer alternative methods to watch, while the second group of
scientists optimize the civil court proceedings, the court will offer
protection to create the most favorable conditions. To simplify this, we want
to highlight our understanding of optimization because the wider concept of a
simplified procedure applied to works of some type will civil court
proceedings, civil proceedings on the optimization of all types of court cases
include the improvement of all stages of the proceedings. Therefore, this article
which is the second phase of the civil process to improve the stages of
preparation of the civil proceedings, the court would like to dwell on the
issue.
And we know that, in Chapter 3 of the Code of Civil Procedure of the
Republic of Uzbekistan and the other participants of the proceedings, the judge
rejected the grounds and consequences mentioned, the issue of the order and the
basis for rejection of this chapter in our view there is no objection, however,
reject the application for satisfying results (30 ), the judge rejected the
case is a civil district (city) court, but other civil cases to be tried by a
judge or other district (city) court.
The Supreme Court of the Republic of Uzbekistan, the Supreme Court of
Civil Affairs of the Republic of Karakalpakstan, regions and Tashkent city
court for civil cases are viewed in case of a judge or the court to reject the
entire contents of the same court, but the other part of the trial to the
public.
If the Supreme Court of Civil Affairs of the Republic of Karakalpakstan,
the provincial civil affairs court in Tashkent city court for civil cases
specified in Article 27 of this Code, after the satisfaction of reasons to
reject what is not possible to establish a new structure for the court, and the
Supreme Court of the Republic of Uzbekistan to be transferred. In such cases
considered by the Supreme Court of the Republic of Uzbekistan in accordance
with the order of the Chairman of the Supreme Court of the Republic of
Uzbekistan or other defined by the relevant court.
Meanwhile, the situation in this stage of the discussion of the third
stage of the proceedings, the court, the court determined that Civil Procedural
code and called to explain the right to refuse to publish the contents of the
170-2 part of this article, and carried out in accordance with this part of the
grounds for the rejection, rejection order to solve the declaring, and to meet
such challenges, the results are determined in accordance with chapter 3 of
this Code.
The latter process protest create such a situation, who, if the judge or
the court to reject the entire contents of the other judge or other court
preparation of the case to the court as a result of actions carried out on the
basis of a ten-day period. In our case, the occurrence of such a situation and
the process prolongation of time, as well as excessive costs, but judges have a
negative impact on the load of work. In order to prevent such incidents in the
Civil Procedure Law Article 158. Article called the functions of the trial preparation
work to prepare the case for trial are as follows:;
that should be the case, the legal relations between the parties and the
law;
parties' requests and objections to the basic facts, which are important
for the solution of the conflict as well as other facts;
to determine the scope of the evidence needed to solve the case and to
ensure the timely provision of the court session;
Individuals can participate in the study to resolve the issue of the
composition;
the composition of the parties, or whether there are grounds for the
judge to reject the settlement., is defined as Article 159, which is a survey
of the case to order the parties named as a new paragraph 4 of article, a judge
or a court, the parties and asks whether there are grounds for refusal to
explain the consequences of this stage of the case, and that it would be
appropriate to enter the process and created an important foundation for the
lines would be improved if a vote.
[1] Prikhodko I.A. Accessibility of justice in arbitration and civil procedure: main problems. SPb., 2005 .; Crimean DI Simplification of civil proceedings: Russian and foreign experience. -M: Publishing House "Jurisprudence", 2008. P.15.
[2] Mamasiddiqov M.M. Judicial and legal reforms to improve the conditions of civil procedural law, directions // "prospects for reform of the judicial actors: Yesterday and Today" held republican scientific-practical conferences-hard materials. Tashkent: Law. 2010 -P. 11-12.
[3] Cheremin M.A. Writ production in the Russian civil process. -M: Gorodets, 2001. P.55.