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Appeals and cassation courts will decide only themselves

In Uzbekistan, it is planned to introduce a ban on the return of economic and civil cases to the courts of first instance by appellate and cassation courts.

The right to return the case for a new trial will be granted only to the collegia of the Supreme Court. It is noteworthy that it is not proposed to delegate such powers even to its Presidium. This is necessary for him to become the final authority in the case.

This was said yesterday at the international round table "Judicial and Legal Reform at the Present Stage. Approaches and prospects. The experience of Uzbekistan and Germany", organized by the Institute of Democracy and Human Rights, the General Prosecutor's Office and the Friedrich Ebert Foundation.

As the experts of the portal norma.uz (http://www.norma.uz/nashi_obzori/generalnaya_prokuratura_gotovit_novshestva_dlya_predprinimateley) explain, and now the higher courts have the right to take on the case a new decision without returning the case, i.e. enjoy all the powers of the court of first instance. However, in practice they often prefer to send the case down, canceling the decision of the court of first instance indicating the deficiencies. As a result, after a new trial, the case can again reach the level of the appellate court or the court of cassation, and in fact "circulates" in instances. This negative practice is also proposed to end.
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