"ISSUES OF IMPROVING THE LEGAL STATUS OF PARTICIPANTS IN CIVIL PROCEEDINGS"
Keywords:
judicial system reform, legal protection of investors, civil and economic proceedings, fair administration of justice, confidentiality in court, closed court sessions, dispute resolution, evidence evaluation, rule of law, human rights protectionAbstract
In recent years, Uzbekistan has been implementing consistent measures to enhance the judicial and legal system, strengthen the reliable protection of the rights and lawful interests of citizens and entrepreneurs, ensure fair administration of justice, and reinforce the role of the judiciary. Particular attention is given to creating a favorable legal and regulatory environment for foreign investors, whose rights and interests are safeguarded through judicial mechanisms. The increasing number of business entities, including foreign investors, has led to a rise in commercial disputes, which are resolved by competent courts. The participation of individuals assisting the courts in evaluating evidence and ensuring fair adjudication is crucial, while they are legally bound not to influence the proceedings or act independently. Furthermore, the introduction of criminal liability for disclosing information and details of closed court sessions without permission is proposed to strengthen confidentiality and the rule of law. These measures aim to ensure that court decisions are lawful, justified, and fair, thereby protecting human rights, personal privacy, and the dignity of citizens.
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References
1. In Article 56, after the words “expert providing a deliberately incorrect conclusion,” insert: “disclosing information and details of a closed court session without the court’s permission.”
2. In Article 58, second paragraph, after the words “providing explanations regarding their actions,” insert: “and not disclosing information and details of a closed court session without the court’s permission.”
3. In Article 60, third paragraph, after the words “translator providing an incorrect translation,” insert: “disclosing information and details of a closed court session without the court’s permission.”
4. In Article 86, second paragraph, after the words “expert providing a deliberately incorrect conclusion,” insert: “when the case is heard in a closed court session, disclosing information and details of the closed session without the court’s permission.”
5. To supplement Article 165 with the following sixth paragraph:
“When a case is considered in a closed court session, participants are warned about non-disclosure of information and details of the court proceedings without the court’s permission, and a written acknowledgment is obtained. The acknowledgment shall also include a warning regarding liability under Article 239 of the Criminal Code of the Republic of Uzbekistan for violation of this obligation.”
Thus, in all disputed situations, evaluating and proving the facts through evidentiary means ensures that court decisions are lawful, justified, and fair. Such proposals and recommendations for improving legislation aim to reliably protect human rights and freedoms, personal privacy, the confidentiality of individual and family matters, honor, and dignity in our country.
