"We have no objection to former judges working as lawyers" — Kholmomin Yodgorov

“We have no objection to former judges working as lawyers” — Kholmomin Yodgorov

In social networks, lawyers are making proposals to partially restrict judges from practicing law for a certain period of time after they leave office due to conflicts of interest.

Lawyer Davron Ahmadov said that there is an additional element in the compliance and control system in the judicial systems of foreign countries, namely, territorial restrictions are imposed on former judges.

So, what does this mean? A former judge, if he wants to become a lawyer, cannot practice law in the district, city, region and jurisdiction where he previously worked for an average of three to five years. This restriction is established in many developed countries, including Europe, the United States, the United States, and Southeast Asia and China. The main purpose of this is to prevent a former judge from using that judicial status in his jurisdiction and appearing before his former colleagues as a judge yesterday and a lawyer today. In addition, the restriction was introduced in order to prevent the former judge from using his connections with his former colleagues, the lawyer said.

On this issue, lawyer Saidali Mukhtoraliev noted that it may be more correct to establish a “cooling off period”, that is, a restriction not on the territory where the former judge worked, but on the court where he worked in the last period. The lawyer added: “And even then, for a period of no more than two years.”

The leadership of the Supreme Council of Judges commented to “Daryo” on the issue of imposing partial restrictions on former judges. Deputy Chairman of the Council Nodira Bobokhonova said that the requirements and criteria for the impartiality of a judge, his legal and fair decision-making are increasing.

The fact that the lawyer participating in the case was a former colleague of the judge or worked with him does not affect the court, said Nodira Bobokhonova.

Chairman of the Supreme Council of Judges Kholmomin Yodgorov said that he has no objections to former judges engaging in legal activities.

There is no obstacle to a judge becoming a lawyer. He is no longer a judge, his authority has been suspended, terminated. We do not object to him becoming a lawyer.

The best part of this is that he has seen the court, knows the situation, knows how to apply the law. The main thing is that he is helping and protecting the citizens of this country. Another aspect is that the judge has worked for five years, let's say for three years. After we remove him from his job, he can go and work as a lawyer. What kind of lawyer can he be if he can't be a judge?", said Kholmomin Yodgorov.

The chairman of the council added that it depends on who works where.

"A clean person, an honest person, wherever he is, speaks the truth, does the right thing. If he gives in to his desires, he will interfere in the same matter, become a mediocrity, become a troublemaker, and worse," he said.

Earlier, it was reported that the Supreme Council of Judges was proposing to remove one article from the Criminal Code.