In Uzbekistan, citizens may be allowed to go to court even before their rights are violated

In Uzbekistan, citizens are to be given the right to apply to court even before their rights are violated

In Uzbekistan, there are plans to allow citizens and entrepreneurs to file lawsuits in administrative courts even before their rights are violated, in order to prevent illegal actions by state bodies.

Presenting the document, Deputy Chairman of the Supreme Court Shukhrat Polvonov reported that it is proposed to establish four types of administrative lawsuits: challenging, prohibiting, obligating, and recognizing.

This will give citizens and entrepreneurs the opportunity not only to challenge decisions already adopted by state bodies, but also to seek judicial protection when there is a threat of their rights being violated.

During the discussion, UzLiDeP MP Saidullo Azimov asked for a clarification on how the new type of lawsuit prohibiting certain actions would operate. He pointed out that Article 40 of the draft provides for the possibility of prohibiting an administrative body from adopting certain decisions.

"Won't this result in the court, through its decision, restricting the performance by an administrative body of the duties established by law? What will be the limits of such a prohibition, and how will it work in practice?" the parliamentarian asked.

Answering the question, Shukhrat Polvonov emphasized that the proposed amendments are aimed at moving from protecting rights that have already been violated to preventing potential violations.

"Today, in order to apply to an administrative court, a citizen or entrepreneur must wait until their right is violated. When they apply to the court, we ask: is there a decision by an administrative body or official? If there is, you can appeal it. It turns out that a citizen or an entrepreneur has to wait until their right is violated and the corresponding decision is adopted. Only after that can they apply to court," the Deputy Chairman of the Supreme Court explained.

According to him, the introduction of a lawsuit for prohibition will make it possible to change this procedure.

"A lawsuit for prohibition converts the protection of rights into a proactive mode," Polvonov noted.

As an example, he cited an entrepreneur who plans to invest funds in a certain type of activity but fears that tax or construction authorities may later adopt a decision that hinders the implementation of the project.

In such a situation, the entrepreneur will be able to present in advance to the court the existing documents, permits, and other grounds for conducting the activity, asking to be protected from potential unlawful interference.

"The court will review the submitted documents and will be able to prohibit the tax or other administrative body from interfering in the relevant activity of the entrepreneur. This will allow them to confidently continue their work without waiting for their rights to be violated," Polvonov explained.

At the same time, the specific conditions for applying such a prohibition, including the requirements for evidence of a threat of rights violation, are yet to be clarified in the final version of the draft law.

The Deputy Chairman of the Supreme Court reported that the draft was prepared taking into account the German model of administrative justice.

The new edition of the code also provides for expanding the possibilities for judicial challenging of regulatory legal acts of state bodies.

Citizens and entrepreneurs will be able to seek to have regulatory legal acts of ministries, departments, and local authorities declared fully or partially invalid if they affect their rights and legitimate interests.

In addition, it is proposed to strengthen the obligation of state bodies to prove the legality and validity of the decisions they adopt.

In particular, a state body will have to justify the proportionality of an applied fine or other measure. The court, in turn, will verify not only the formal legality of the decision, but also the extent to which the applied measure corresponds to the objective provided for by legislation.

The draft law is also aimed at simplifying applications to administrative courts. It is envisaged that formal defects in an application should not automatically become grounds for its return. The court will have to assist the applicant in remedying deficiencies and clarifying claims.

If an application is mistakenly sent to the wrong territorial court, it is proposed to transfer it according to jurisdiction without returning it to the applicant.

Another innovation is the institution of class actions. According to the draft, at least 20 people will be able to unite to protect common interests within a single case. During the discussion, MPs raised the question of the advisability of precisely this minimum number of participants.

Administrative courts in Uzbekistan began operating in 2017. They consider public law disputes, including complaints from citizens and entrepreneurs against decisions, actions, or inaction of state bodies and officials.

According to the current Code of Administrative Court Procedure, an interested party has the right to apply to court if they believe that a decision or action of an administrative body has violated their rights, created obstacles to their exercise, or unlawfully imposed duties on them.

At the same time, existing legislation already provides for individual preliminary protection measures, including the possibility of suspending the execution of the challenged act. The proposed innovation consists in creating an independent type of lawsuit aimed at preventing a future violation of rights.

According to data cited by Shukhrat Polvonov at the meeting, between 2017 and 2026, administrative courts considered about 150,000 cases. In 55% of cases, according to the Supreme Court's assessment, the violated rights of citizens and entrepreneurs were restored. Also, about 27,000 specific rulings were issued on identified violations.

The draft of the new edition of the Code of Administrative Court Procedure was approved by MPs in the first reading. Before entering into force, it must pass subsequent stages of the legislative process.

As a reminder, on September 22, President Shavkat Mirziyoyev approved proposals to reform administrative justice. In particular, it was proposed to allow citizens to challenge in court regulatory legal acts of khokimiyats and local kengashes that violate their rights. The introduction of four types of administrative lawsuits, the possibility of protecting rights prior to their violation, the review of the six-month deadline for applying to court, and the strengthening of judicial control over the legality and proportionality of decisions by state bodies were also provided for.