Uzbekistan - annual report 2019

Details: Published: July 1, 2020

Participants of the seminar on legislative processes and legislation technique with the Legislation and Parliamentary Research Institute in Tashkent: Rakhim Khakimov (centre), Director of the Institute, and Gudrun Grieser (to the left), member of the National Regulatory Control Council and former Lord Mayor of Schweinfurt

Strategic Framework

Legal Policy Starting Point

The mood has been buoyant in Uzbekistan since President Mirsijojev took office at the end of 2016. The comprehensive reform agenda 2017–2021 is being implemented at a dizzying pace, accompanied by massive personnel upheavals and tangible pressure on state institutions to deliver rapid results. Despite the indisputable change in all areas, the political system remains centralist, nonetheless. The dynamic speed of reform is testing both – state structures and civil society – to their limits. In addition, internal processes are taking place that lay bare numerous contradictions and power struggles.

To a large extent, this political reorientation has enabled Uzbekistan to overcome its years of regional isolation. The intention is to achieve economic upswing by opening the country to investors and strengthening foreign trade. The new ministry created specifically for this purpose is tasked with the significant facilitation of imports and exports and the liberalisation of foreign trade. Also, after a 15-year interruption in the application process, accession to the World Trade Organisation (WTO) is again in the pipeline.

Progress is equally evident in the rule of law, with an increase in the number of acquittals by Uzbek courts and prominent releases from prison. Independence of the judiciary, strengthening of the administration of justice, modernisation – including the digitalisation of judicial and administrative structures – improved quality of legislation and policy to combat corruption remain the declared objectives of the comprehensive reform project in the judicial system.

In May 2019, the Council of the EU presented its vision for a renewed partnership with Central Asia and updated its strategy for engagement in the region. German-Uzbek development cooperation was substantially expanded in 2019 in line with the newly defined goals of the EU Central Asia Strategy and in recognition of the country‘s reorientation of domestic and foreign policies. The encouraging trend was underscored by high-level political visits during the reporting year.

Overall Concept

IRZ has noted an increased need for counselling in connection with judicial reforms. IRZ‘s advisory activities aim to foster progress in many of the initiated reform processes within the judiciary and court system and to counsel the key stakeholders.

Within this context, cooperation was intensified with the relatively new Legislation and Parliamentary Research Institute, with priorities placed on regulatory impact assessment and academic support of the legislative procedure. This enabled questioning of the Uzbek side‘s ideas on how to proceed in the evaluation of legal norms and the substantiation of approaches for improvement based on relevant aspects and applied methods using examples from German practice.

The judges at the administrative courts, which were established in 2017, lack both experience in conducting administrative proceedings, as well as specialised expertise in the legal application of the Code of Administrative Court Procedure and the Administrative Procedure Act, which came into force in 2019. IRZ advised the Supreme Court in this regard, focusing on procedural principles, types of action and preliminary legal protection.

For the first time representatives from the Uzbek Association of Judges took part in the annual conference of the Memorandum Group of several national associations of judges, which IRZ organised in Bonn in cooperation with the German Judges Association. The forum offered Uzbek participants the opportunity to establish regional and supraregional contacts and to participate in the lively exchange of expertise on international cooperation in civil and criminal matters.

Furthermore, IRZ advised the Uzbek Academy of the General Prosecutor‘s Office on the reforms in criminal and criminal procedure law and on the amendment of the Code of Regulatory Offences.

Focus of Activity in 2019

Public Law

Seminar on legislative processes and legislation technique with the Legislation and Parliamentary Research Institute in Tashkent
Study trip to Germany by the Uzbek Legislation and Parliamentary Research Institute on principles and procedures for evaluating legislation and regulatory impact assessment
Training for administrative judges on practical issues of administrative procedure in Tashkent
Participation in the International Conference of the Supreme Court of the Republic of Uzbekistan on administrative procedure and administrative court jurisdiction in Tashkent

Criminal Law and Penitentiary Law

Seminar and exchange of experience on current reforms in criminal and criminal procedure law with the Academy at the General Prosecutor‘s Office of the Republic of Uzbekistan in Tashkent
Round table on current reforms in criminal and criminal procedure law and on the amendment of the Code of Regulatory Offences with the Academy at the General Prosecutor‘s Office of the Republic of Uzbekistan in Tashkent
Participation in the conference marking the 1st anniversary of the Academy at the General Prosecutor‘s Office in Tashkent

Outlook

IRZ plans to continue cooperation in the priority areas of public law, criminal law and criminal procedure law. In doing so, it would like to keep advising its established cooperation partners with the inclusion of practical content. The need for counselling on the application of the law will remain very high with the development of administrative court jurisdiction and the amendment of substantive and procedural criminal law standards.