Science and Education in Karakalpakstan. 2023 №2/1 ISSN 2181-9203
329
THE ESSENCE AND FUNCTIONS OF STATE DUTY IN THE COURSE OF A FAIR
TRIAL (ON THE EXAMPLE OF THE MAGAZINE “……………”)
Amaniyazov J.J.
The Supreme Council of judges Judges Higher School listener
Summary:
this article tells about the essence and functions of the state duty in the process
of Justice and about the new reforms aimed at the renewed development of the judicial system, and
about the concepts of costs in the judicial system.
Keywords:
judicial, preliminary, clear, justice, protection, costs, lawyer, incentive,
preventive, compensation.
INTRODUCTION.
The large-scale reforms carried out in our country are supported by our people. The first results
of these changes are finding their obvious expression in the life and daily life of our population, and
the
social activity of our country, confidence in tomorrow, is growing.
In recent years, significant changes have been made to the development of the judicial
system. In recent years, it is advisable to recognize the judicial system, positive changes regarding
the organization of court cases. Therefore, in the constitutional law "on
the Constitution of the
Republic of Uzbekistan", adopted on the basis of the results of the nationwide referendum held on
April 30 of this year, the most important task was to make the judicial bodies an independent body
protecting the rights and freedoms of citizens.
The existence of a fair trial is an opportunity guaranteed by law for interested parties to
initiate a trial at any stage, to obtain judicial protection through the issuance of a legal and
reasonable judicial act. In the updated constitution of the Republic of Uzbekistan, everyone has the
right to protect their rights and freedoms, including the norms on judicial protection are noted.
The
concept of judicial costs, types, procedure for their payment in the implementation of
Justice in our country is one of the main issues that are the focus of legal scholars. Therefore, in
order to effectively protect the violated rights and freedoms of individuals and legal entities through
the court, to avoid the emergence of unreasonable disputes in the courts, to study procedural
legislation and judicial practices
related to judicial expenses, to determine acceptable aspects of
foreign legislation based on comparative analysis and to introduce them into the procedural
legislation of the Republic of Uzbekistan.
Legal scholar M.M. Mamasiddikov stated that the main goal of the introduction of judicial
costs is not to cover the state's expenses related to the implementation of justice, but rather to
prevent unreasonable disputes in the courts.
In addition, the court argues that costs encourage
participants in the logistical relationship to be disciplined and have features such as a warning
against refusing to fulfill obligations on their own.
The Institute of judicial costs has a functional orientation. Among the main features of the
Institute of judicial costs, let's indicate the following:
- incentive, which consists in encouraging the parties to the dispute to fulfill their obligations to
each other without bringing the case to court, including in an alternative way (for example, through
an
arbitration court;
- prevention of preventive, unjustified claims to appeal to the arbitration court; abuse of procedural
rights in the process of arbitration proceedings and failure to carry out procedural tasks to the proper
extent;