The Ministry of Justice of the Republic of Uzbekistan (Uzbek: O'zbekiston Respublikasi Adliya vazirligi) is the central government body responsible for ensuring the consistent implementation of a unified state policy in the areas of lawmaking and law enforcement in Uzbekistan.[1][2]
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The People's Commissariat of Justice of Uzbekistan was established on November 26, 1924, by a decision of the Revolutionary Committee, based on the People's Commissariat of Justice of the Turkestan Autonomous Republic. One of its most important tasks was to coordinate and organize the activities of judicial authorities in the former states that joined Uzbekistan, including the Bukhara Emirate and the Khorezm and Kokand Khanates.
On May 6, 1925, the Presidium of the CEC of Uzbekistan approved the Statutes of the People's Commissariat of Justice, defining its structure and authority. According to Article 1, the People's Commissariat of Justice was entrusted with: general management, organization, and oversight of all judicial institutions, prosecution, investigative bodies, notaries, and bailiffs; approval of court staff; supervision of land commissions and other institutions carrying out judicial functions; oversight of defense boards and the management of legal assistance to the public; resolution of jurisdictional disputes between judicial authorities and other departments; preliminary review of legislative proposals submitted to the CEC and SNK of Uzbekistan; monitoring compliance with the law; interpretation of existing laws; and publication of collections of laws and government orders for the republic, among other duties.
The People's Commissariat of Justice consisted of three main sections: the judicial system and supervision, prosecution, and the Department of Legislative Proposals. The People's Commissar of Justice simultaneously held the role of State Prosecutor of the Republic and was appointed and dismissed by the CEC, reporting to the SNK of the Uzbek SSR. On December 22, 1926, the regulations governing the People's Commissariat of Justice of Uzbekistan were amended and supplemented, and on October 11, 1931, they were replaced by new regulations, which were subsequently revised over the years to reflect changes in the structure and functions of the judiciary and prosecutorial offices.
In the early 1930s, the People's Commissariat of Justice of the republic included the Prosecutor's Office, the Supreme Court, the Organizational and Instruction Department, the General Directorate of Corrective Labor Institutions, and the General Department. The Vice Commissar of Justice was responsible for overseeing the Prosecutor's Office, presiding over the Supreme Court, and managing the corrective labor institutions.
The People's Commissariat of Justice (NKJU) was tasked with implementing a unified judicial policy across the republic, organizing and overseeing the activities of all judicial bodies, and ensuring the legality of actions by officials and individuals. It led investigations through all agencies in the fight against crime, studied crime patterns, and developed methods for combating it. The People's Commissariat of Justice also oversaw special judicial institutions and supervised all correctional labor practices in the country, among other responsibilities.
The prosecutor's office was part of the Ministry of Justice of Uzbekistan until 1936. Penitentiary institutions under the People's Commissariat of Justice of the Union republics were transferred to the NKVD and its local bodies, following a decision by the CEC and SNK on October 27, 1934. On September 10, 1934, the CEC and CPC of the Uzbek SSR issued a decree, "On the Reorganization and Strengthening of Judicial and Prosecution Systems," which restructured parts of the People's Commissariat of Justice, the Prosecutor's Office, and the Supreme Court of Uzbekistan. At that time, the NKJU consisted of the Prosecutor's Office, the Supreme Court of the Republic, and other departments.
The final step in creating a centralized judicial and prosecutorial system was the decision by the CEC and SNK on July 20, 1936, to establish the People's Commissariat of Justice of the USSR. On December 8, 1936, the CEC and SNK approved the Statute of the People's Commissariat of Justice of the USSR. The Supreme Court of Uzbekistan was relieved of its judicial control functions, becoming solely the highest supervisory authority in the republic. Prosecutorial and investigative agencies were removed from the jurisdiction of the People's Commissariats of Justice in the Union republics.
The Union-Republican People's Commissariat of Justice of the USSR was tasked with organizing and managing judicial institutions. Regulations outlined the structure of the People's Commissariat of Justice of Uzbekistan, which was led by a People's Commissar with two deputies. Within the NKJU of the Uzbek SSR, departments were established for judicial institutions, judicial protection, legal assistance for the public, notaries, legislative codification, legal advice, and other functions. Additionally, the NKJU oversaw the activities of bailiffs and managed court statistics.
During the war, the structure of the Justice system did not change significantly. The network of Justice in the Republic remained stable, though certain adjustments were made in response to changes in the administrative-territorial divisions of the republic, especially during wartime.
In accordance with the Decree of the Presidium of the Supreme Soviet of the Uzbek SSR on August 7, 1956, titled "On the Abolition of the Justice Department of the Uzbek SSR in Provincial Soviets," the Council of Ministers of the Uzbek SSR approved a new Statute for the Ministry of Justice on November 6, 1956. According to the new Statute, the Ministry of Justice of the Uzbek SSR was directly subordinated to the Council of Ministers. The Ministry operated under a board comprising the Minister, deputies, and several senior officials who managed judicial institutions, monitored performance, handled recruitment and training, and issued major orders and instructions, among other responsibilities.
On March 23, 1959, in order to "concentrate control over the activities of regional and national courts," the Presidium of the Supreme Soviet of the Uzbek SSR abolished the Ministry of Justice of the republic. The Supreme Court of the Uzbek SSR was granted the authority to conduct audits of the regional and national courts, exercise control over all their activities, and maintain judicial statistics. As a result of this reorganization, the higher courts became the primary organs of judicial administration.
On March 27, 1959, the Council of Ministers of the Republic established a new Law Commission, which was tasked with the codification and systematization of legislation. The commission worked on behalf of the government and conducted preliminary reviews of draft legislation and government decisions of a regulatory nature for the Council of Ministers.
However, subsequent events demonstrated that this approach was flawed, resulting from a superficial method of state-building. As a consequence, the quality of legislation preparation suffered, and the reorganization adversely affected the staffing of legal professionals. In response, the Presidium of the Supreme Soviet of the USSR issued a decree on August 31, 1970, "On the Formation of the Union-Republic's Ministry of Justice of the USSR." Accordingly, on October 1, 1970, the Presidium of the Supreme Soviet of the Uzbek SSR issued a decree "On the Formation of the Union-Republic's Ministry of Justice of the Uzbek SSR." The provision for this was approved by the Council of Ministers of the Uzbek SSR on September 27, 1972.
The Ministry of Justice was tasked with organizational leadership of the Supreme Court of the Karakalpakstan Autonomous Republic, regional courts, Tashkent city courts, and district (city) people's courts. Its responsibilities included organizing and preparing proposals for the codification of legislation in the Uzbek SSR, providing methodological guidance for legal work in the national economy, and coordinating public bodies and organizations to promote legal knowledge and clarify the law for the population. Additionally, it oversaw notaries, the Tashkent Research Institute of Forensics, and the general management of civil status bodies and the legal profession in the Uzbek SSR.[3]
In the 1970s and 1980s, significant changes occurred in the structure and competence of the governing bodies of justice. The Ministry of Justice of the Uzbek SSR provided organizational support to the courts, focusing on the formation of the judiciary, the selection, placement, and training of judicial personnel, and creating appropriate conditions for the administration of justice. It organized statements by judges and people’s assessors before voters and conducted general assessments of the organization of work in district, municipal, and provincial courts, as well as in justice authorities and institutions.
During these years, the Ministry of Justice and its local bodies, in coordination with other law enforcement agencies, studied jurisprudence related to certain categories of criminal cases and implemented measures to address deficiencies. In particular, they summarized judicial practices in cases of embezzlement, bribery, speculation, and violations of safety rules. They also reviewed judicial and prosecutorial practices regarding the release of property from seizure (exclusion from the inventory) and assessed law enforcement agencies' efforts to combat the theft of state and public property, fraudulent activities, and speculation. Additionally, they examined the state of administrative and financial authorities concerning the compensation for material damage in cases of theft of state property, among other issues.
The Board of the Ministry of Justice has repeatedly discussed the work of legal services within ministries, agencies, organizations, and businesses to ensure compliance with legislation on the protection of women and minors. The Ministry of Justice and the courts of the Republic focused on effectively utilizing legal means to prevent violations of the rights and legitimate interests of citizens. Employees of the judiciary and law courts conducted public outreach and education, involving judges, notaries, lawyers, and legal scholars. The Ministry of Justice also analyzed the themes and content of legal publications in national newspapers to make proposals for strengthening their activities.
Improving the performance of the justice system and the courts largely depended on their working conditions and logistics. These institutions generated significant revenue for local budgets, yet their funding from local sources was minimal, with only small amounts allocated from the national budget. Many courts, notaries, and registry offices were situated in emergency or unsuitable premises. They lacked essential supplies such as paper, typewriters, office equipment, and furniture, and the number of staff was almost half of the required standard.
In 1991, the people of Uzbekistan gained independence. This historic event primarily signified a commitment to human rights and the principles of state independence, along with the goal of creating a humane and democratic state governed by law. During this period, the role of the Ministry of Justice significantly increased as the sole legal body of the republic. To enhance the role and responsibility of the justice system, activate legislative activity, improve legal services for the population, and protect the constitutional rights and legitimate interests of citizens, the President issued a decree on January 8, 1992, titled "On Improvement of the Ministry of Justice." Following this, the Cabinet of Ministers of the Republic of Uzbekistan adopted Resolution No. 523 on November 12, 1992, addressing the improvement of the activities of the Ministry of Justice.
This decision transformed the Union-Republican Ministry of Justice of the Uzbek SSR into the Ministry of Justice. It also approved the structure of the central apparatus of the Ministry of Justice and established new regulations.
To further improve the activities of the Ministry of Justice and ensure the implementation of a unified state policy in the area of law and practice, as well as the protection of constitutional rights and freedoms, the Cabinet of Ministers adopted Resolution No. 370 on August 27, 2003, titled "On Measures for Further Improvement of the Ministry of Justice of the Republic of Uzbekistan." The Ministry is a republican executive body that operates under the direct authority of the President of the Republic of Uzbekistan and falls under the status of the Cabinet of Ministers.
The system of the Ministry of Justice includes the Ministry of Justice of the Republic of Karakalpakstan, regional justice administrations, and the city of Tashkent, as well as institutions for notaries, civil status records (registry offices), the Tashkent Research Institute of Forensic Expertise (TashNIISE), the Institute of Judicial Training, the Tashkent State Law Institute, the Tashkent State College of Law, a law lyceum, the publishing house "Adolat," and a self-supporting legal aid center. The Ministry is headed by a Minister who is appointed and dismissed from office in accordance with the Constitution by the President of the Republic of Uzbekistan, subject to approval by the Oliy Majlis.
The primary and most important task of the Ministry of Justice is to provide a unified state policy in the field of legislation and law enforcement practice. Building a democratic state governed by the rule of law is impossible without a high and lasting authority of the law. This principle lies at the heart of policy renewal and progress. The rule of law and obedience to it by the legislative, executive, and judicial branches are prerequisites for the effective operation of the law. The Constitution and laws must be upheld above any authority. Without this condition, it is impossible to establish the people's confidence in the inviolability of their rights and to create a society characterized by personal and economic freedom.
In 2011, special attention was given to the consistent democratic renewal and further liberalization of all spheres of society, particularly in the social, economic, political, and legal domains. In this context, an important guide for action was presented by the President on November 12, 2010, during the joint session of the Oliy Majlis, outlining the concept for further deepening democratic reforms and the formation of civil society in the country.
This concept includes suggestions for the practical implementation of documents that establish new legal mechanisms to further strengthen the role of judicial authorities in ensuring compliance with the law and upholding the rule of law. These proposals mark the beginning of a new phase for the judicial authorities.
With the adoption of the Decree of the President of the Republic of Uzbekistan, "On Measures for Further Improvement of the Ministry of Justice of the Republic of Uzbekistan," dated August 23, 2011, efforts in this direction were further enhanced. This resolution defines the role of the Ministry of Justice in improving governance and public administration.
In accordance with the decree of the President, "On Measures to Further Enhance the Role of Judicial Authorities in Ensuring the Legitimacy of State Bodies," dated June 17, 2011, new mechanisms were established for the implementation of a system to monitor and control the activities of government law enforcement agencies, local authorities, and regulatory bodies. This system is overseen by the Ministry of Justice through the General Directorate for Monitoring Compliance with Legislation and its territorial offices.
The creation of this structure was an important step toward implementing the priorities outlined in the Concept, particularly the rule of law in the activities of public authorities, law enforcement, and regulatory bodies, as well as establishing a system of checks and balances among them.
Tasks, functions and rights
The main tasks of the Ministry are:
Providing a unified state policy in the area of law and practice.
Protecting human rights and freedoms enshrined in the Constitution and laws, facilitating the full development of civil society, and strengthening its legal frameworks.
Coordinating government agencies on legal advocacy aimed at increasing legal awareness and culture in society and reinforcing the rule of law.
Improving the efficiency of logistical and financial support for the courts, strengthening their independence and autonomy, and establishing effective mechanisms for the enforcement of judicial acts and other public bodies.
Implementing state regulation and enhancing the efficiency of notaries, lawyers, civil registry offices, and other structures in the field of legal services for citizens and legal entities.
Promoting entrepreneurship and protecting the rights and legitimate interests of businesses, private property owners, foreign investors, and enterprises with foreign investments.
Providing legal assistance to business entities in the negotiation and execution of commercial contracts and strengthening contractual discipline.
Ensuring compliance with the law in the registration of legal entities, including non-profit organizations.
Collaborating with relevant government agencies to provide effective legal protection of the interests of the Republic of Uzbekistan in the field of international legal relations.
Training lawyers and improving their skills to meet modern requirements and standards.
Realizing the management system of the organs and institutions of justice.
The main functions of the ministry are:
- Function Part I: in a unified state policy in the area of law and practice:
1. In the field of training and legal expertise of laws and regulations:
coordinates and implements guidance activities of government in matters of legislation;
develops priorities for improvement of legislative activity, ensure their implementation;
performs preliminary coordination issues need to prepare draft laws by the Government;
develops on the instructions of the President of Uzbekistan, the Cabinet of Ministers on its own initiative and draft laws and other legal acts, changes and additions to them and submit them for consideration in due course;
Assignments by the Cabinet of Ministers shall consider and summarize the proposals of government and public authorities on the preparation of draft laws;
conducts legal review of draft laws and other legal acts and gives opinion on their compliance with the Constitution and laws of Uzbekistan, as well as the rules of legislative technique;
developing proposals to bring legislation into conformity with the Constitution and laws of the Republic of Uzbekistan, on ensuring consistency and integrity of the legal regulation, analyzes and summarizes proposals to improve legislation and submits them to the President of Uzbekistan and the Government of Uzbekistan, has been working on the codification of the law;
maintains regular working relationship with the chambers of the Oliy Majlis of Uzbekistan, their Kenghashes, committees and commissions;
2. In departmental rule making:
conducting state registration of legal acts of ministries, state committees and departments having an obligatory character;
leads the state register of departmental legal acts;
supervises the work of ministries, state committees and agencies to implement the established order of their adoption, state registration, publication and bringing to the attention of interested persons of legal acts, as well as for their application;
informs the public about the state of the state registration of legal acts of ministries, state committees and agencies;
3. Systematization of legislation in the field of:
carries out the state registration of legal acts of the Republic of Uzbekistan and the work on the systematization of legislation;
leads control copies laws of the Republic of Uzbekistan, resolutions and other acts of the Oliy Majlis, decrees, decisions and orders of the President of the Republic of Uzbekistan, decrees and orders of the Cabinet of Ministers, legal acts of ministries, state committees and departments of the Republic of Uzbekistan;
Bank forms (fund) of legal acts of the Republic of Uzbekistan;
implementing development official classifier branches of legislation of the Republic of Uzbekistan, on the basis of the classifier assigns codes normative legal acts;
determines the rules of systematic accounting legislation in government and public authorities in the field and oversees their implementation;
- Function Part II: in the field of protection of human rights and freedoms enshrined in the Constitution and laws:
performs ongoing analysis of legislation in the field of human rights and make suggestions for its improvement;
studying international experience and proposals for the implementation of international legal norms in the current legislation of the Republic of Uzbekistan;
developing measures to improve the legal knowledge of the population in the area of human rights and freedoms, promote the idea of respect for human rights in the society;
analyzes and summarizes the state of compliance with the legislation in the field of human rights and makes proposals to the relevant authorities for their improvement;
Seeks to strengthen the role of lawyers in protecting human rights and freedoms, the development of civil society and strengthen the legal framework;
interacts with the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman) and the National Centre for Human Rights of Uzbekistan, including in the field of monitoring compliance with human rights and freedoms;
provides objective and comprehensive review of individual complaints about violations of their constitutional rights and freedoms, it takes on the measures in accordance with the law;
- Function Part III: in the coordination of government agencies on legal advocacy:
analyzes the state of legal advocacy and legal education, develops proposals for their improvement;
organizes the promotion of legal knowledge among the public, aimed at improving the legal awareness and legal culture in society and strengthening the rule of law;
organizes methodological support of educational work in the field of law, develops recommendations for the introduction of modern forms of legal education and training;
developing plans and organizes the publication of legal textbooks, teaching aids for students and students of higher and secondary special and vocational educational institutions, collections of legal acts, as well as non-fiction and other legal literature;
develop and implement programs and activities to improve the legal information society;
organizes introduction of software and hardware tools and technologies for collecting, processing and analysis of legal information for enforcement and justice institutions;
take measures to ensure enforcement and justice institutions necessary legislative materials;
organizes the establishment and maintenance of national database legislation of Uzbekistan, in the prescribed manner provides access to her legal and natural persons;
carries interstate exchange of legal information;
organizes the official publication of codes and compilations of legislative acts, including the official source of publication of legal acts " Collection of Laws of the Republic of Uzbekistan ";
provides coordination of the activities of government, public authorities in the field, as well as businesses and individuals for the publication of legal acts, the creation of electronic databases of legislation;
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Defines together with relevant government bodies publish and disseminate the rules of legal acts, the creation of electronic databases of legislation, take measures to ensure their implementation;
- Function Part IV: in logistical and financial support of the courts, as well as ensuring the performance of judicial acts and other public bodies:
developed taking into account the needs of the ships offer their funding;
ensure effective disbursement of funds allocated for the construction and repair of court buildings, the creation of appropriate conditions for the operation of ships;
organizes work to ensure the safety of judges and judicial processes;
cooperates with law enforcement and other agencies in ensuring the activities of vessels to strengthen their real independence and autonomy;
creates enforcement mechanisms of judicial acts and other public bodies;
- Function Part V: in the sphere of state regulation in the field of legal services:
1. On the organization of activities of the notary and civil registration:
opens and eliminates public notary offices, establishes and abolishes the office of a notary;
responsible for licensing of notaries;
maintains a register of public notaries and notary offices, private practice;
determines the order of probation trainee notary procedure for issuing licenses for the notary activity, according to the provisions on the qualification and Appeals Commission;
authenticates the signatures of notaries and their impressions printing documents for use abroad, perform other functions related to the activities of notaries;
exercises in the prescribed manner of the execution control notaries professional duties, including rules notarial documentation, analyzes and summarizes their work;
approve the rules of the notarial documentation, instructions on how to notarial acts notaries public notaries and notary engaged in private practice, chairmen (elders) of citizens' towns, villages and villages, registries registration form notarial acts of identification labels and certificates, exercise other powers provided Law of the Republic of Uzbekistan "On Notary";
organize the registration of civil status acts, directs and controls the activities of the registry office;
organize, reorganize and liquidate the Registry Office, verifies, analyzes and summarizes their work;
receive are measures to increase the level of legal services to citizens from officers of the registrar and notary;
approve samples of forms of vital records;
provides the Registry Office and consular offices of the Republic of Uzbekistan to foreign states stationery stamp certificates strict accountability;
develops and approves regulations governing the activities of notaries and registry offices, as well as provide guidance and methodological explanations for these bodies;
2. Development of advocacy and legal services:
defines together with the Republican public association of lawyers powers and organization of activities qualifying commissions;
together with the republican public association of lawyers approve the composition of the High Qualification Commission of Advocates;
issues licenses lawyers and state registration law offices, colleges and companies;
maintains a register of lawyers and law firms, colleges and businesses;
provides technical assistance and facilitate the activities of lawyers' offices, colleges, businesses and the Higher Qualification Commission of Advocates;
studies and distributes positive experience of lawyers;
assists in the implementation of measures to improve the skills of defense lawyers;
take measures to protect lawyers from harassment, unreasonable restrictions and harassment in connection with their professional activities;
monitors compliance with legislation governing the legal profession, the rules of legal ethics, as well as for the training of lawyers;
claims forms and sets deadlines statistical reporting law offices, colleges and companies to the judicial authorities;
implementing measures for the organization and development of legal services;
coordinating legal work in public and business administration, public authorities in the field, companies, institutions and organizations that develop recommendations for its improvement;
checks and analyzes the practice of setting legal work takes measures to eliminate shortcomings and dissemination of positive experience of the legal services of state and economic management, public authorities in the field, companies, institutions and organizations, as well as to improve the skills of legal advisers, conducting their certification;
September 9, 2020 the Ministry of Justice of the Republic of Uzbekistan became the first government body in Uzbekistan that complied with the international standard ISO 37001:2016 “Anti-corruption Management System” in all areas of activity, and therefore, was added to the international rating and received a certificate.
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