History
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.
