Law of the Republic of Uzbekistan
“On Appeals of Individuals and Legal Entities”
Passed by the Legislative Chamber on October 29, 2014
Approved by the Senate on November 13, 2014
Chapter 1. General Provisions
Article 1. Aim of this Law
The aim of this Law is to regulate the relations in the area of appeals of individuals and legal entities (hereinafter - “the appeals”) to government authorities and institutions (hereinafter - “the government authorities”).
Article 2. Legislation on Appeals
Legislation on appeals consists of this Law and other acts of legislation. Relations in the area of appeals to citizens’ self-governing authorities shall be regulated in accordance with the procedures stipulated by this Law.
The force of this Law shall not be extended to:
- the appeals, consideration procedure of which is set forth by the legislation on administrative liability and civil procedure, criminal procedure, penal enforcement, economic procedural and other acts of legislation;
- mutual communication of government authorities as well as their structural subdivisions.
Article 3. Right to Appeal
Individuals and legal entities shall have right to appeal to government authorities.
Right to appeal shall be exercised voluntary. No person shall be forced to participate in actions in defense of any appeal against that person.
Exercise of right to appeal shall not violate rights, freedoms and legitimate interests of other individuals and legal entities as well as interests of society and the government.
Individuals and legal entities of foreign countries, persons without citizenship shall have right to appeal to the government authorities of the Republic of Uzbekistan in accordance with this Law.
Article 4. Forms of Appeals
Appeals may be in verbal, written or electronic forms.
Article 5. Types of Appeals
Appeals may be in form of applications, proposals and complaints.
Application is an appeal requesting the assistance in enforcement of rights, freedoms and legitimate interests.
Proposal is an appeal containing recommendations for the improvement of government and social activity.
Complaint is an appeal requiring restoration of violated rights, freedoms and protection of legitimate interests.
Regardless of their type and form, appeals shall have equal significance.
Article 6. Requirements to Appeals
In appeals of individuals, full name (last and first names, patronymic) and the information on the place of residence of individual shall be stated, matter of appeal shall be explained.
In appeals of legal entities, full name of legal entity and information on its location (postal address) shall be stated and matter of appeal shall be explained.
Appeals may be submitted in state and other languages.
A written appeal shall be signed by an applicant (individual) or by the head or the authorized person of applicant (legal entity). If it is impossible for applicant to sign individual’s written appeal, it shall be signed by a drafter with additional statement of his/her full name (last and first names, patronymic).
An electronic appeal shall be submitted as electronic document confirmed by the digital signature and exhibiting other details of electronic document allowing for its identification. An electronic appeal shall comply with the requirements established by law.
Appeals that do not contain full name (last and first names, patronymic) and information on the place of residence of an individual or full name of legal entity and information on its location (postal address) or contain false information on the above as well as appeals that are not confirmed with signature (digital signature) shall be considered as anonymous appeals.
Appeals submitted by representatives of appealing individuals and legal entities shall be attached with documents supporting their authority.
Article 7. Appeals and Mass Media
Appeals received by government authorities from editorial offices of mass media companies shall be considered in accordance with the procedures and within the term established by this Law.
Appeals submitted to mass media companies may be used to study and reflect public opinion in accordance with the legislation on mass media.
Article 8. Reception of Individuals and Representatives of Legal EntitiesReception of individuals and representatives of legal entities shall be arranged in the government authorities. Reception of individuals and representatives of legal entities shall be held by the head or authorized person of the government authority. For this purpose, special structural units may be established, officials responsible for reception may be assigned.
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 on other technical means in their administrative buildings.
When appealing verbally, individual shall present personal identification document, and legal entity representative shall present document certifying his/her authorities and personal identification document.
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.
Procedure for reception of individuals and representatives of legal entities in government authorities shall be established by the heads of these authorities.
Heads or other authorized persons of government authorities holding personal reception 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 five of this Article.
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.
Heads and other authorized persons of government authorities may arrange offsite personal receptions.
Article 9. Procedures on Appeal
Procedures on appeal to government authorities is according to the procedure established by the legislation.
Chapter 2. Guarantees of Individuals’ and Legal Entities’ Rights to Appeal
Article 10. 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.
Article 11. Guarantees of the Right to Appeal
Individuals and legal entities are guaranteed the right to appeal to government authorities, individually or collectively.
Article 12. 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 13. Guarantees of Appeals Acceptance and Consideration
Appeals are subject to mandatory acceptance and consideration by government authorities, except as otherwise provided in Article 20 of this Law.
Individual or legal entity shall have right to file a complaint against an unlawful deny to accept and consider an appeal to a higher authority in the line of authority or directly to the court.
Article 14. Guarantees of Nondisclosure of Data that Became Known in connection with an Appeal
When considering appeals, employees of government authorities 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 15. 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 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 3. Procedures for Filing Appeals and their Consideration
Article 16. Procedures for Filing Appeals
Appeals shall be submitted directly to the government authority, within the scope of authorities of which is handling the matters stated, 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 minors, incapable and partially incapable persons, appeals may be filed by their legal representatives in accordance with the procedure established by the legislation.
Decisions and copies of decisions previously made on the appeal as well as other documents, that are necessary for its considerations 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 regarding its jurisdiction, the said documents shall be attached.
Article 17. 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 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 handling the applications or complaint.
Article 18. Procedures for Appeals Consideration
Appeals received by the government authority shall be considered by this authority or an official entrusted with duties to consider appeals.
Appeals received by the government authority, scope of powers of which does not include handling the matters raised shall be sent to the appropriate authorities no later than 5 days with the notification in writing or in electronic form.
It is prohibited to unreasonably transfer appeals for consideration by other government authorities 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, then no later than five days after they shall be returned to applicant with a reasonable explanation.
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 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 considering the appeal may ensure offsite appeal consideration.
If it is impossible to consider the appeal in the absence of the applicant or another person, they may be called by an official of the government authority. In the event the called appealing party fails to appear, the official of the government authority sends an answer about the impossibility of appeal consideration without his/her participation.
The response to the appeal is signed by the head or other authorized official of the government authority.
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 legislation.
Individuals and legal entities shall have right to withdraw their appeals before and during consideration thereof and before making a decision on the appeal by submitting an application in writing or in electronic form.
An application to appeal withdrawal shall not rule out the adoption by the government authorities of measures to detect and eliminate violations of the law.
Article 19. Terms of Appeals Consideration
An application or a complaint shall be considered within fifteen days after the date of receipt by the government authority 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 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, 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 20. 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.
Chapter 4. The Rights of Individuals and Legal Entities and Obligations of Government Authorities when Considering Appeals
Article 21. The Rights of Individuals and Legal Entities when Considering Appeals
When government authorities 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.
Officials or other authorized persons of government authorities considering an appeal are obligated to provide an individual and legal entity with an opportunity to familiarize themselves with documents, decisions and other materials affecting their rights, freedoms and legitimate interests if they do not contain information constituting government secrets or other secrets protected by law, does not violate the rights, freedoms and legitimate interests of individuals and legal entities, interests of society and the government.
Article 22. Measures Taken when Considering Appeals
When considering appeals, government authorities shall immediately take measures to suppress illegal acts (omissions), within the scope of their authority, identify the causes and conditions contributing the violations of rights, freedoms and legitimate interests of individuals and legal entities, and stop persecution of an individual, his/her representative, members of their families, legal entity, its representative and members of legal entity representative’s family due to their appeal.
Article 23. Obligation of the Government Authority Considering the Appeal
The government authority that has considered the appeal is obliged to inform the applicant in writing or in electronic form of the results of the consideration and the decision taken, immediately after the consideration of the application.
If possible, response to an appeal shall be stated in language of the appeal, shall contain specific justifications (if necessary with reference to the norms of legislation), rebutting or confirming the arguments on each matter specified in the appeal.
An official or any other authorized person of the government authority that has made decision on the appeal is obligated to explain the procedure for lodging a complaint against it, if an individual or a legal entity does not agree with it.
The government authority that has considered the appeal or official or any other authorized persons are obligated to monitor the execution of the decision taken on the results of the consideration of the appeal, as well as take measures to compensate for material or moral damage in accordance with the procedure established by law, if it was caused as a result of violation of rights, freedoms and legitimate interests of an individual or a legal entity.
Article 24. Appeals Summary and Analysis
Government authorities considering appeals, at least once a year, shall summarize and analyze appeals in order to identify and eliminate the causes of violations of rights, freedoms and legitimate interests of individuals and legal entities, as well as the interests of society and the government.
Chapter 5. Final Provisions
Article 25. 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 26. 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 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.
The funds paid by the government authority 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.
Article 27. Reimbursement of Expenses when Considering Appeals Containing Knowingly Fraudulent Information
Expenses incurred by the government authority when considering appeals containing knowingly fraudulent information may be recovered from an individual or legal entity by a court decision.
Article 28. 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.
Article 29. Repeal of Certain Acts of Legislation
- 1. The Law of the Republic of Uzbekistan dated May 6, 1994 with No. 1064-ХII “On Citizens’ Appeals” (Bulletin of the Supreme Court of the Republic of Uzbekistan, 1994, No.5, Article 140);
- 2. The Resolution of the Supreme Court of the Republic of Uzbekistan dated May 6, 1994 with No. 1065-XII “On Enforcement of the Law of the Republic of Uzbekistan “On Citizens’ Appeals” (Bulletin of the Supreme Court of the Republic of Uzbekistan, 1994, No.5, Article 141);
- 3.The Law of the Republic of Uzbekistan dated December 13, 2002 with No. 446-II “On Introduction of Amendments and Additions into the Law of the Republic of Uzbekistan “On Citizens’ Appeals” (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 2003, No.1, Article 7).
Article 30. Adaptation of Legislation in Accordance with this Law
The Cabinet of Ministers of the Republic of Uzbekistan:
- to adapt decisions of the government in accordance with this Law;
- to ensure general government revise and cancel their laws and regulations, conflicting with this Law.
Article 31. Enactment of this Law
This Law comes into effect from the day of its official publication.
The President of the Republic of Uzbekistan I.KARIMOV
December 3, 2014