DISMISSAL OF AN APPLICATION WITHOUT CONSIDERATION AND THE RIGHT TO A PRIVATE COMPLAINT: PRACTICE, PROBLEMS AND PROPOSALS

Abstract

This article analyzes the legal basis of the institution of leaving an application without consideration in the Civil Procedure Code of the Republic of Uzbekistan, problems in practice, and the limited possibility of filing a private complaint. The purpose of the research is to study the effectiveness of legislative norms on leaving an application without consideration, to identify circumstances that restrict the procedural rights of the parties arising in practice, and to develop proposals for improving the norms of this law. As a research methodology, legal analysis was used based on legislative acts, examples of judicial practice, and official responses of the Supreme Court. The results showed that the existing restrictions in Article 123 of the Civil Procedure Code of the Republic of Uzbekistan do not fully ensure the right of citizens to judicial protection, a large amount of state duty is collected, and the impossibility of appealing a court decision to a higher court creates practical problems. The problem is characterized by the fact that the court contradicts the principles of fair trial and procedural equality, as well as restricts the constitutional rights of citizens. The results of the work show that it is necessary to review Article 123 of the Civil Procedure Code of the Republic of Uzbekistan and introduce the right to file a private complaint against rulings on leaving all applications without consideration. The proposed amendments will allow for the review of court decisions in higher instances and serve to ensure legal clarity and procedural equality. These results are of practical importance in the field of improving legislation and strengthening the effective legal protection of citizens through the courts.