☰ Contents · Constitutional law

Organisation of the work of the courts

Lessons 25 · 1 lessons · G. M. Tansikbayeva, V. A. Kostetskiy. Konstitutsiyaviy huquq asoslari (Basics of constitutional law), Grade 9, general editor A. X. Saidov, revised and expanded 8th edition. “Sharq” publishing house, Tashkent, 2019
25

Organisation of the work of the courts of the Republic of Uzbekistan

Textbook: pp. 145–149
GoalExplain the main principles of justice, the status of a judge, and the presumption of innocence and right to defence.
New words
judge · sudyaopenness (publicity) · oshkoralikadversarial procedure · tortishuvappeal · apellatsiya
Explanation

Justice rests on the principles of legality, impartiality, comprehensive and complete consideration of a case, equality of all before the law and openness. Only a court may find a person guilty of a crime and impose punishment; until a verdict enters into legal force the person is considered innocent (the presumption of innocence). In court the accused is given all conditions for defence and may use an advocate’s help; the parties present their positions and evidence, and a court decision can be appealed to a higher court. Judges are independent and subject only to the law, interference in their work is forbidden and leads to liability; the judge’s person is inviolable. To become a judge, the age set by law, higher legal education, experience in the legal field and a qualification exam are required; a judge cannot be a deputy, a member of a political party or hold another paid job. Appointment of judges and observance of their independence are linked with the Supreme Judicial Council.

Worked examples
An accused person may use an advocate and question witnesses; this is the right to defence being exercised.
A judge should not hear a case in which a relative takes part – so that the principle of impartiality is not violated.
Class activity

“Court hearing”: roles – judge, prosecutor, advocate, accused, witness. An imaginary minor case (damaging school equipment) is heard; observers judge whether impartiality, equality and the right to defence were respected.

Practice
1
What is the presumption of innocence and why is it needed?
2
Name three principles of justice.
3
What requirements are set to become a judge?
4
Why can a judge not be a member of a political party?