LAW OF THE REPUBLIC OF UZBEKISTAN

ON INTRODUCTION OF AMENDMENTS AND ADDITIONS TO THE LAW OF THE REPUBLIC OF UZBEKISTAN "ON APPEALS OF INDIVIDUALS AND LEGAL ENTITIES"

Adopted by the Legislative Chamber on August 15, 2017
Approved by the Senate on August 24, 2017

Article 1. To introduce into the Law  of the Republic of Uzbekistan  dated December 3, 2014 No. ZRU-378 "On appeals of Individuals and Legal Entities" (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 2014, No. 12, Art. 340) amendments and additions, approving its new edition (enclosed hereto).

Article 2. The Cabinet of Ministers of the Republic of Uzbekistan is required:

to bring government decisions in accordance with this Law;

to ensure the review and cancellation by government bodies of their normative legal acts that contradict this Law;

to ensure that the essence and meaning of this Law is implemented, communicated to the enforcement agents and explained to the public.

Article 3. This Law comes into force from the day of its official publication.

 

Comments by LexUz

This Law was published in the newspaper “Narodnoe Slovo” ("People's voice") dated September 11, 2017 No. 182 (6846).

President of the Republic of Uzbekistan SH.MIRZIYOYEV

Tashkent

September 11, 2017

No. ZRU-445

LAW OF THE REPUBLIC OF UZBEKISTAN

On appeals of individuals and legal entities

(new edition)

Chapter 1. General provisions

Article 1. The purpose and scope of this Law

The purpose of this Law is to regulate relations in the field of appeals of individuals and legal entities (hereinafter referred to as appeals) to the government authorities and institutions (hereinafter referred to as government authorities), as well as their officials.

This Law also applies to organizations with state participation and local government bodies (hereinafter referred to as organizations).

This Law does not apply to:

See previous edition.

appeals, the procedure for consideration of which is established by the legislation on administrative liability, civil procedure, criminal procedure, criminal and penal procedure, economic procedure and other legislative acts;

(paragraph of the second part of the third article 1 as amended by the Law of the Republic of Uzbekistan dated January 29, 2018 No. ZRU-463 - National database of legislation, 30.01.2018, No. 03/18/463/0634 - comes into force on April 1, 2018)

correspondence of state bodies, as well as their structural divisions.

Article 2. Legislation on appeals

The legislation on appeals consists of this Law and other instruments of legislation.

 Comments by LexUz

See the Decree of the President of the Republic of Uzbekistan "On measures to radically improve the system of handling appeals from individuals and legal entities", Model regulation on the procedure for handling appeals from individuals and legal entities by the state bodies, state institutions and organizations with state participation, approved by the Resolution of the Cabinet of Ministers No. 341 dated May 7, 2018, Model regulation on the procedure for handling appeals from individuals and legal entities by the local government bodies, approved by the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 7 dated January 5, 2018, Regulation on the procedure for alternating registration of appeals of individuals and legal entities by the state notary offices, approved by the Order of the Minister of Justice of the Republic of Uzbekistan dated December 30, 2014 No. 311-мх.

Article 3. Main definitions

The following main definitions are applied in this Law:

application is an appeal requesting the assistance in enforcement of rights, freedoms and legitimate interests.

proposal is an appeal containing recommendations for improving state and public activities;

complaint is arequest for restoration of violated rights, freedoms and protection of legitimate interests;

electronic appeal is an appeal submitted in accordance with the established procedure by means of information and communication technologies, including those ones which are posted on the official website of a state body or organization, with the exception of oral submissions submitted using information and communication technologies in real time;

repeated appeal is an appeal received from the same individual or legal entity, which appeals or otherwise expresses disagreement with the decision taken on the previous appeal, as well as reports on the untimely consideration of the previous appeal, if by the time of receipt of the repeated appeal, the period for consideration established by law has expired;

anonymous appeal is a submission that does not contain the last name (first name, patronymic) of an individual, data of his/her residence or full name of a legal entity, its location (postal address), or provides false information about them, as well as the electronic appeal that does not allow to identify it, or a written request that is not indorsed by signature;

appeal duplicate is a copy of the request of the same individual or legal entity;

public reception is an action of the head or other authorized official of the state body to accept appeals at public meetings with individuals and representatives of legal entities;

video conferencing is an interactive interaction of several remote subscribers in real time with the opportunity to exchange audio and video information using information and communication technologies;

organization with state participation is a commercial organization that has a state share in its authorized capital, or a non-profit organization created or established in whole or in part by a government authority.

Article 4. Basic Principles for Handling Appeals

The basic principles for handling appeals are as follows:

legality;

timeliness and complete understanding of appeals;

unity of requirements for appeals;

respect for the rights, freedoms and legitimate interests of individuals and legal entities;

inadmissibility of bureaucracy and red tape when handling appeals;

transparency of the activities of state bodies, organizations and their officials when handling appeals.

Article 5. Forms and Types of Appeals

Appeals can be made verbally, in writing, or electronically.

Applications, proposals, and complaints are types of appeals.

Appeals, regardless of their form and type, are of equal importance.

Article 6. Requirements for Appeals

The submission of an individual must contain the last name (first name, patronymic) of the individual, information about the place of his/her residence.

The submission of a legal entity must contain the full name of the legal entity and information about its location (postal address).

The submission of an individual or legal entity must contain the specific name of the state body, organization, position and (or) last name (first name, patronymic) of the official to whom the appeal is addressed, as well as the nature of the appeal.

Such submissions may include email address, contact phone numbers, and fax numbers of the applicants.

Appeals can be submitted in official and other languages.

Comments by LexUz

See Article 14 of the Law on the State language of the Republic of Uzbekistan.

The written appeal must be signed by the applicant — an individual or the signature of the authorized person of the applicant represented by a legal entity. In case of failure to affix a written appeal of an individual with the signature of the applicant, it must be affixed with the signature of the originator subject to specify his/her last name (first name, patronymic).

Submission submitted through the representatives of the applicants must be accompanied by documents confirming their authority.

Comments by LexUz

See Chapter 10 of the Civil Code of the Republic of Uzbekistan.

Article 7. Appeals and Mass Media

Appeals received from the editorial offices of mass media shall be considered in accordance with the procedure and terms stipulated by this Law.

Appeals sent to the mass media can be used to study and reflect public opinion in accordance with the laws on mass media.

Article 8. Receiving Individuals and Representatives of Legal Entities

Government authorities and organizations, as well as their officials, may arrange the reception of individuals and representatives of legal entities.

Heads or other authorized persons of government authorities and organizations holding personal reception of individuals and legals entities shall have no right to deny reception regarding the appeals on any matters, including those out of their authority, except for the cases provided for by part three of this Article.
 

Reception of individuals and legal entities may be denied, if a decision has already been made on their previous appeal of a similar nature and they were notified thereon in accordance with the procedure established by this Law.
 

Article 9. Procedure for Reception of Individuals and Representatives of Legal Entities

Reception of individuals and representatives of legal entities shall be carried out by the head or other official of a government authority or organization. For this purpose, special structural units may be established, officials responsible for reception may be assigned.

Personal receptions of individuals and representatives of legal entities, as well as public receptions, may be arranged by heads or other authorized officials of government authorities.

Reception of individuals and representatives of legal entities shall be held on specified days and hours according to the reception schedule.
 

Reception schedules and information on time and place of reception and prior appointment thereof as well as reception procedure shall be brought to the notice of interested persons by publication on official web sites of the government authorities as well as placed on stands in public areas or through other technical means in their administrative buildings.

Personal receptions of individuals and representatives of legal entities, as well as public receptions may be held outside of the reception schedule, if necessary. A public reception can also be held by soliciting door-to-door (visits to residential houses), other premises and places.

If handling matters stated during personal reception is not within the powers of the government authority, than the relevant officials or other authorized persons shall explain applicant what authority or organization shall he/she appeal to resolve issues stated in the appeal.
 

In course of personal reception, special technical means (audio and video recording and photo shoot) may be applied by the decision of the head of the government authority and with the written consent of the applicant.

When appealing verbally, individual shall present personal identification document, and legal entity representative shall present document certifying his/her authorities and personal identification document, with the exception of applications received during a public reception.
 

Verbal appeals can also be submitted using information and communication technologies in real time, including through helplines, hotlines of government authorities and organizations, and through video conferencing.

The procedure on appeal via videoconferencing shall be determined by the Cabinet of Ministers of the Republic of Uzbekistan.

 

Chapter 2. People's Reception and Virtual Reception

Article 10. People's Receptions and Virtual Reception of the President of the Republic of Uzbekistan

The People's Receptions and Virtual Reception of the President of the Republic of Uzbekistan shall be established by the President of the Republic of Uzbekistan in order to ensure an effective handling of appeals by government authorities, organizations and their officials.

People's Receptions of the President of the Republic of Uzbekistan shall not have the status of a legal entity.

The system of the People's Receptions of the President of the Republic of Uzbekistan shall consist of:

People's Reception of the President of the Republic of Uzbekistan

People's Receptions of the President of the Republic of Uzbekistan in and for the Republic of Karakalpakstan, regions and city of Tashkent;

People's Receptions of the President of the Republic of Uzbekistan in districts and cities (except for towns under regional jurisdiction).

The Virtual Reception of the President of the Republic of Uzbekistan is an information system that allows using information and communication technologies to receive, gather, classify and systematize incoming appeals, as well as monitor and control their complete, timely and high-quality consideration.

Article 11. Main tasks of the People's Reception and Virtual Reception of the President of the Republic of Uzbekistan

Main tasks of the People's Reception and Virtual Reception of the President of the Republic of Uzbekistan shall be as follows:

establishing a direct dialogue with the population, ensuring the functioning of an effective system of handling appeals aimed at fully protection of their rights, freedoms and legitimate interests;

creating the conditions for the unconditional exercise of the constitutional right to appeal;

ensuring full, adequate and timely consideration of appeals received through the People's Reception and Virtual Reception of the President of the Republic of Uzbekistan;

implementing a systemic monitoring and control for the consideration of submissions received through the People's Reception and Virtual Reception of the President of the Republic of Uzbekistan and re-forwarding them to the respective government authorities and organizations;

receiving individuals and representatives of legal entities, including via video conferencing;

widespread use of modern information and communication technologies when dealing with appeals by introducing and maintaining an electronic information system on the introduction, generalization, systematization, monitoring and monitoring of submissions to the People's Reception and Virtual Reception of the President of the Republic of Uzbekistan.

Article 12. Rights and duties of the People's Receptions of the President of the Republic of Uzbekistan

The People's Receptions of the President of the Republic of Uzbekistan shall be entitled to:

interact with government authorities and organizations, request and receive documents and information from them on issues within their authority;

if necessary, conduct an on-site review of the implementation of decisions based on the results of consideration of appeals;

submit proposals to government authorities and organizations to improve the procedure for consideration of appeals;

submit proposals to hold liable those who violated the procedure and terms of consideration of appeals, as well as those who failed to ensure the implementation of decisions taken based on the results of consideration of appeals.

The People's Receptions of the President of the Republic of Uzbekistan may have other rights in accordance with the law.

The People's Receptions of the President of the Republic of Uzbekistan shall be obliged to:

comply with the requirements of this Law;

use the existing information system to handle submissions;

comply with the information security requirements;

ensure the smooth operation of their hardware and software;

ensure effective functioning and administration of the electronic queue management system, proper accounting of the number of applicants for a certain period (day, week, month), by their categories and corresponding areas.

The People's Receptions of the President of the Republic of Uzbekistan may also have other duties in accordance with the law.

Comments by LexUz

See the Decree of the President of the Republic of Uzbekistan dated February 19, 2019 PP-4197 "On approval of provisions related to the activities of the People's reception offices of the President of the Republic of Uzbekistan."

Article 13. Providing real-time consultations on issues of appeals to the Virtual Reception of the President of the Republic of Uzbekistan

On the basis of the Virtual Reception of the President of the Republic of Uzbekistan, individuals and legal entities shall be advised in real time on the issues of submission with the involvement of qualified specialists from various industries and fields of activity as consultants.
 

Real-time consulting on the basis of the Virtual Reception of the President of the Republic of Uzbekistan shall be provided through information exchange between consultants, on the one hand, and individuals and legal entities, on the other hand, wishing to obtain in a timely manner information on an issue of interest.
 

Article 14. Establishing Virtual Receptions within government authorities, organizations, and their officials

In order to establish a direct dialogue with the population, carry out system monitoring and control over the consideration of appeals, as well as use modern information and communication technologies while dealing with submissions, government authorities, organizations and their officials may create their own virtual receptions.

Virtual receptions shall act on behalf of the government authorities, organization, or their officials that established them.

Chapter 3. Guarantees of Individuals’ and Legal Entities’ Rights to Appeal

Article 15. Guarantees of the Right to Appeal

Individuals and legal entities shall be guaranteed the right to appeal to government authorities, organizations and their officials individually or collectively.

The right to appeal shall be exercised voluntarily. No one may be forced to participate in actions in defense of or against any submission made.

The exercise of the right to appeal must not violate the rights, freedoms and legitimate interests of other individuals and legal entities, as well as the public interests.

Individuals and entities of foreign states, stateless persons shall have the right to apply to the government authorities of the Republic of Uzbekistan, organizations and their officials in accordance with this Law.

Comments by LexUz

See Article 35 of the Constitution of the Republic of Uzbekistan.

Article 16. Impermissibility of Discrimination when Exercising Right to Appeal

Discrimination when exercising right to appeal depending on gender, race, nationality, language, religion, social origin, beliefs, personal and social status of individual as well as forms of ownership, location (postal address), organizational and legal forms and other circumstances of legal entities is not permitted.

Comments by LexUz

See Article 18 of the Constitution of the Republic of Uzbekistan.

Article 17. Guarantees of the Respect of Rights, Freedoms and Legitimate Interests When Appealing

Government authorities shall be obligated to comply with requirements of the Constitution and Laws of the Republic of Uzbekistan when considering appeals, take measures for their full, fair and prompt consideration, within the scope of their authority, take measures to ensure restoration of violated rights, freedoms and protection of legitimate interests of individuals and legal entities.

Article 18. Guarantees of Appeals Acceptance and Consideration

Appeals are subject to mandatory acceptance and consideration by government authorities, organizations and their officials except as otherwise provided in Articles 29 and 30 of this Law.

Article 19. Guarantees of Nondisclosure of Data that Became Known in connection with an Appeal

When considering appeals, employees of government authorities, organizations and their officials are prohibited to disclose information on private life of individuals, activities of legal entities without their consent as well as data constituting government secret or other secret protected by law or other information, if it infringes rights, freedoms and legitimate interests of individuals and legal entities.

It is not allowed to obtain information on individual and legal entity not related to appeals.
 

At the request of an individual, any information on his/her identity is not subject to disclosure.

Article 20. Guarantees of Individuals’ and Legal Entities’ Safety in connection with their Appeals

Persecution of individual, his/her representative, members of their families, legal entity, its representative and members of legal entity representative’s family in connection with their appeals to government authorities, organizations and their officials for the purpose of exercise or protection of their rights, freedoms and legitimate interests as well as expression of their opinion and critics in appeal is prohibited.

Chapter 4. Procedures for Filing Appeals and their Consideration

Article 21. Procedures for Filing Appeals

Appeals shall be submitted directly to the government authority, organizations and their officials within the scope of authorities of which the matters stated are handled, or to the higher authority in the line of authority.
 

Individuals and legal entities shall have right to file an appeal independently, as well as to authorize their representatives or to file an appeal in electronic form.  In the interests of young persons, incapable and partially incapable persons, appeals may be filed by their legal representatives in accordance with the procedure established by the laws.

 Comments by LexUz

See Article 74 of the Family Code of the Republic of Uzbekistan, part one and twoof Article 31 of the Law of the Republic of Uzbekistan “On Guardianship and Custodianship”.

Decisions and copies of decisions previously made on the appeal as well as other documents, that are necessary for its consideration and not subject to return except in case of written application of applicant for their return, may be attached to the appeal.

 When filing an appeal to other government authority, organization and their officials regarding its jurisdiction, the said documents shall be attached.

When submitting an appeal in an envelope via postal means, the presence of the appeal and appendices thereto shall be checked. In the absence of the appeal in the envelope or damage thereof, and the lack of applications enclosed thereto, an act shall be drawn up, one copy of which shall be sent to the address indicated on the envelope.

 

Article 22. Term of Filing Appeals

Terms of filing appeals, as a rule, are not stated.  In some cases, term of filing appeal to the relevant government authorities can be established if so is conditioned by the capacities of the government authority, organization and their officials to consider the appeal, the need of prompt exercise and enforcement of rights, freedoms and legitimate interests of individuals and legal entities as well as on other grounds provided for by the legislation.

Application and complaint to the higher authority in the line of authority shall be filed no later than one year after individual or legal entity became aware either of act (omission) or of making decision violating rights, freedoms and legitimate interests.

Term of filing an application or a complaint missed for a valid reason shall be reestablished by the government authority, organization or authorized official handling the applications or complaint.

Article 23. Records Management on Appeals

An appeal received by government authority, organization or their official is subject to registration on the same day, and if received after the end of business hours — on the next business day.

Refusal to register an appeal is not allowed.

Government authorities and organizations shall keep a register of appeals, which specifies the serial number and date of receipt of the appeal, last name (first name, patronymic) of the applicant, the name of the legal entity, the summary of the appeal, the note on execution, as well as other information.

Government authorities and organizations can implement an electronic document management system when dealing with appeals.

Verbal appeals received by the head or other authorized official of the government authority during public receptions and released on the sight are not required to be registered. The last name (first name, patronymic) of an individual or representative of the legal entity, data on his/her place of residence, a summary of the appeal and response results specified in the public reception protocol.

Record keeping on registration and consideration of the appeal shall be conducted in accordance with the procedure established by law.

 

Article 24. Procedures for Appeals Consideration

Appeals received by the government authority, organization and their officials shall be considered by this authority or an official entrusted with duties to consider appeals.

Appeals received by the government authority, organization can also be sent to the downline divisions subject to reporting relationship.

If the request contains issues related to several structural divisions of government authorities or organizations, then all of them are determined by the authorized officials for consideration of the appeal. The structural division which is listed first among the providers shall provide, together with other structural divisions, consideration of the appeal.

If there is a need for additional information, inquiries and materials for a full, objective and prompt consideration of an appeal, an official of the government authority considering this appeal may additionally request individual or legal entity appealed or other government authorities within the scope of powers to provide information. Government authorities, organizations and their officials are obliged to provide the information requested within ten days, if the information does not contain data constituting government secrets or other secrets protected by law and does not violate rights, freedoms and legitimate interests of individuals and legal entities, interests of society and the government.

If necessary, the government authority, organization or their officials considering the appeal may ensure offsite appeal consideration.

If the matters raised in the appeal affect the activities of business entities, government authorities within the scope of their powers engage representatives of these business entities in the consideration of the appeal.

If, when considering an appeal, it becomes necessary to check the activities of business entities, including audit of financial and operating performance (audit), then the audit is performed in accordance with the laws.

See previous edition.

Article 241. Consideration of appeals filled by young persons

Young persons have the right to independently submit appeals on issues related to the respect of their rights, freedoms and legitimate interests to government authorities, organizations or their officials in accordance with the procedure established by this Law. Consideration by government authorities, organizations or their officials of appeals of a young person may be carried out with the participation of his/her legal representatives, as well as guardianship and custodianship body. It is not allowed to dismiss without consideration the appeals of young persons due to their non-achievement of full legal capacity.

Government authorities, organizations, as well as their officials, whose powers do not include the resolution of the issues specified in the appeal, shall be obliged to send it to the relevant government authority, other organization or official, or to the guardianship and custodianship body.

(Article 241 was introduced by Law of the Republic of Uzbekistan dated March 10, 2020 Nno. ZRU-608 - National database of legislation, 11.03.2020, No. 03/20/608/0278)

 

Article 25. Procedure for Consideration of Individual Appeals

Repeated appeals shall be considered on general grounds, except for the cases specified in Article 30 of this Law.

Appeals received by the government authority, organization or their officials, whose powers do not include the resolution of the issues raised, shall be sent to the relevant government authorities, other organizations and officials within five days with a written or electronic notification to the applicant. In this case, received electronic appeals can be redirected in electronic form.

It is prohibited to unreasonably transfer appeals for consideration by other government authorities or organizations or to forward it to authorities or officials, decisions or acts (omissions) of which are complained.

If appeals do not contain necessary information for their forwarding to relevant authorities, organization or their officials then no later than five days after they shall be returned to applicant with a reasonable explanation.

If a duplicate copy of the appeal is received during the consideration thereof, this appeal shall be considered together with the previously received appeal.

If a duplicate copy of the appeal is received after reviewing the appeal and sending a response, the government authority, organization or their officials shall inform the applicant under the arrangements in place.

Consideration of letters that are not classified as types of appeals (acknowledgments, greetings, invitations, responses) shall be carried out by government authorities, organizations and their officials at their discretion.

 

Article 26. Hearing of the Applicant

The government authority, organization or their officials considering the appeal may, on their own initiative or at the request of the applicant, arrange its hearing.

The government authority, organization or their officials provide the applicant with an opportunity to express his/her opinion on the issues raised in his/her appeal and provide additional information regarding the appeal. The government authority, organization, or their officials may involve experts, specialists, and representatives of interested organizations in hearing the applicant.

Article 27. Responses to Appeals

Based on the results of consideration of the appeal by the government authority, organization or their officials, a decision shall be made, which is immediately notified to the applicant in writing or in electronic form.

The response to an appeal is signed by the head of the government authority, organization or their official.

The response to collective appeals shall be sent to the person indicated first in the list of applicants, if the appeal does not require sending a response to another person.

An appeal is considered to be closed if all the questions raised in the appeal have been considered in accordance with the requirements of this Law and a corresponding response has been sent to the applicant.

Responses to appeals are delivered, if possible, in the language of the appeal, and must contain specific justifications (if necessary, with references to the norms of legislative acts) that refute or confirm the opinions on each issue specified in the appeal.

There is no need for a written or electronic response to verbal appeals received by the head or other authorized official of the government authority during public receptions and released on sight.

Article 28. Terms of Appeals Consideration

An application or a complaint shall be considered within fifteen days after the date of receipt by the government authority, organization or their official obligated to resolve the matter of substance, and when additional examination and (or) verification is required, the request for additional documents is within - up to one month.

In the events when it is necessary to conduct an inspection, request additional materials or take other measures necessary to consider applications and complaints, the terms of their consideration may be extended, as an exception, by the head of the relevant government authority or organization but no more than by one month, followed by the notification of the applicant.
 

A proposal shall be considered within up to one month after its receipt by the government authority, organization or their official except for the proposals, which require additional examination, which is reported in writing to the individual or legal entity who has submitted the proposal, within ten days.
 

Article 29. Dismissal of Appeals without Consideration

The following appeals shall not be considered:

anonymous appeals;

appeals filed by representatives of individuals and legal entities in the absence of documents confirming their authority;

appeals that do not meet other requirements established by law.

When appeals are dismissed without consideration, an appropriate decision shall be drawn up, which is approved by the head of the government authority, organization or their authorized official.

The applicant is notified under the arrangements in place about the dismissal of appeals without consideration due to the lack of documents confirming the authority of the representative of an individual or legal entity.

Article 30. Termination of Consideration of Appeals

Consideration of appeals shall be terminated:

if repeated appeals do not contain new submissions or newly discovered circumstances, but the materials of the previous appeal contain exhaustive audit materials and the applicant has been provided answers in accordance with the established procedure;

if the applicant has withdrawn his/her application in accordance with the established procedure or has requested to terminate its consideration;

if it is not possible to consider the appeal without the participation of the applicant, who cannot be summoned to appear due to late notification of changes in the place of residence, location (postal address), email address or other details;

in case of non-appearance of the applicant, summoned to appear by a government authority, organization or their official, due to the inability to consider the appeal without his/her participation;

if, after the death of an applicant, consideration of the appeal does not allow for succession.

The decision to terminate consideration of an appeal is made by the head of a government authority or organization or their authorized official.

Upon termination of consideration of a repeated appeal in accordance with the second paragraph of part one of this Article, the applicant shall be notified in writing that the repeated application is considered to be unfounded and correspondence with him/her on this issue is terminated. If there is a repeated appeal from the applicant, the correspondence on which is terminated, the consideration of such an appeal is terminated without notifying the applicant.

Upon termination of consideration of the appeal based on the application for its withdrawal, the appeal shall be returned to the applicant through letter of the government authority, organization or their official within three days. The application for the withdrawal of the appeal shall not exclude the adoption of measures to identify and eliminate violations of the law.

The applicant shall be notified of the termination of consideration of the appeal in connection with the non-appearance of the called individual or representative of the legal entity under the arrangements in place.

Article 31. Explaining the Response to an Appeal and Correcting it

The government authority, organization and their officials in charge of considering the appeal, at the request of an individual or legal entity, must explain the response to an appeal, without changing its content, as well as on their own initiative or at the request of the applicant, correct the mistakes made and arithmetic errors, without affecting the substance of the response to an appeal.

The application for clarification of the response to an appeal and its correction shall be considered within ten days upon its receipt.

 

Chapter 5. The Rights of Individuals and Legal Entities and Obligations of Government Authorities, Organizations and their Officials when Considering Appeals

Article 32. The Rights of Individuals and Legal Entities when Considering Appeals

When government authorities, organizations and their officials consider appeals, individuals and legal entities shall have right to:

obtain information on the progress of appeals consideration;

personally develop arguments and supply explanations;

familiarize themselves with the materials of the appeal verification and the results of its consideration;

submit additional materials or apply for access thereto to other authorities;

use the assistance of lawyer;

request to terminate consideration of the appeal or to clarify the response to the appeal and (or) correct it;

withdraw your application before and during its consideration before a decision on the application has been made by submitting an appeal in writing or in electronic form ;

appeal against an illegal rejection to accept and consider an appeal to a higher authority in the order of subordination or directly to the court.

Individuals and legal entities may also have other rights in accordance with the law.

Article 33. The Rights and Obligations of Government Authorities, Organizations and their Officials when Considering Appeals

When considering appeals, the government authority, organization and their officials shall have the right to:

request and receive in accordance with the established procedure the information necessary for consideration of the appeal;

summon to appear the applicant or other person if it is impossible to consider the application in his/her absence or to hear it;

file a lawsuit in court seeking for recovery of expenses incurred in connection with the verification of an appeal containing information known to be false.

A government authority, organization, and their officials may also have other rights in accordance with the law.

A government authority, organization and their officials shall be obliged to:

comply with the requirements of the law on appeals;

ensure that the applicants familiarize themselves with documents, decisions and other materials affecting their rights, freedoms and legitimate interests, if they do not contain information that constitutes state secrets or other legally protected secrets, do not prejudice the rights, freedoms and legitimate interests of individuals and entities as well as the public interests;

inform the applicant in writing or electronically about the results of the consideration and the decision taken immediately after the consideration of the application, with the exception of verbal appeals received during public receptions and released on the sight;

explain the procedure for appealing the decision on the appeal, if an individual or legal entity does not agree with it;

control the execution of the decision made based on the results of consideration of the appeal;

immediately take measures to prevent illegal actions (omission), within their authorities to identify the causes and conditions that contribute to violations of the rights, freedoms and legitimate interests of individuals and legal entities;

stop in the appropriate manner the prosecution of an individual, his/her representative, members of their families, legal entities, their representative and family representative of the legal entity in connection with their appeal;

take measures to compensate in accordance with the procedure established by law for material damage or compensation for moral harm if it is caused as a result of violation of the rights, freedoms and legitimate interests of an individual or legal entity.

Government authorities train and improve the skills of their employees in charge of considering the appeals at least once every three years. The Cabinet of Ministers of the Republic of Uzbekistan determines the requirements for employees of government authorities dealing with appeals, as well as the procedure for their training and advanced training.

A government authority, organization, and their officials may also have other duties in accordance with the law.

Article 34. Monitoring and Control over the Consideration of Appeals

Heads or other authorized officials of government authorities and organizations carry out constant monitoring and control over the consideration of appeals by their structural divisions, take measures to ensure their full, fair and timely consideration.

The appeal is discharged from control and execution by the head or other authorized official in charge of control over the execution of the appeal.

Appeals for which provisional responses are given and not fully considered are not discharged from control.

 

Article 35. Appeals Summary and Analysis

Government authorities, organizations and their officials shall keep statistical records of received appeals. Statistical accounting shall include the number of appeals received, reviewed, satisfied, rejected, dismissed without consideration, as well as other information in connection with handling appeals.

Government authorities, organizations and their officials shall summarize and analyze appeals on a quarterly basis.

The government authorities based on the results of summary and analysis of the appeals shall deliver notes (reviews), which reflects the overall performance of the appeals, the questions most frequently raised in complaints, the main shortcomings and violations revealed by results of consideration of appeals, measures taken to eliminate the causes of violation of rights, freedoms and legitimate interests of individuals and legal persons, as well as the public interests.

Notes (reviews) compiled based on the results of summary and analysis of appeals shall be published on the official websites of the relevant government authorities.

 

Chapter 6. Final provisions

Article 36. Dispute Resolution

Disputes in the area of appeals of individuals and legal entities shall be resolved in accordance with the procedure established by the legislation.

Article 37. Compensation for Material and Moral Damages

In case of satisfaction of an application or complaint of an individual or legal entity by the government authority, organization or their officials that has made an unlawful decision on it, the applicant will be compensated in court for the damage associated with filing and consideration of an application or complaint, expenses incurred in connection with a visit to the site for consideration of an application or complaint at the request of the relevant government authority, and earnings lost during this time.  Moral damages may also be compensated for in the court.

Comments by LexUz

See Articles 985, 1021 and 1022 of the Civil Code of the Republic of Uzbekistan.

The funds paid by the government authority or organization as compensation for material and moral damage caused to an individual or legal entity in connection with violation of the requirements of the law when considering its application or complaint may be recovered from the guilty official on a recourse basis.

Comments by LexUz

See Article 1001 of the Civil Code of the Republic of Uzbekistan.

Article 38. Liability for Violation of the Legislation on Appeals

Violation of the legislation on appeals, similarly, filing an appeal containing defamation and insults, entails liability in accordance with established procedure.

Comments by LexUz

See Articles 40, 41, and 43 of the Code of Administrative Liability of the Republic of Uzbekistan, Articles 139, 140 and 144 of the Criminal Code of the Republic of Uzbekistan.

 

(Collected Acts of the Republic of Uzbekistan, 2017, No. 37, Article 977; National database of legislation, 30.01.2018, No. 03/18/463/0634; 11.03.2020, No. 03/20/608/0278)