Uzbekistan is moving toward a significant shift in its judicial framework by allowing citizens and business entities to approach administrative courts before their rights are actually violated, aiming to preempt unlawful actions by state authorities. This novel provision is embedded in the draft revised Administrative Procedure Code, which was adopted in the first reading by the Legislative Chamber of the Oliy Majlis on October 27. The reform is officially intended to upgrade the legal protection mechanisms available to the public and the local business community.

During the parliamentary presentation, Deputy Supreme Court Chairman Shuhrat Polvonov outlined the introduction of four distinct types of administrative claims: disputes, prohibitions, mandates, and recognitions. The newly proposed prohibition claim is designed to transition legal defense into a proactivity mode. For instance, entrepreneurs concerned about potential disruptive decisions from tax or construction watchdogs could seek a court-ordered interdiction against prospective unlawful interference before any tangible damage occurs. The legislative discussions highlighted deputies' concerns regarding the precise boundaries and operational limits of restricting administrative bodies through such pre-emptive rulings. Officials noted that the draft was formulated by referencing the German administrative litigation model, alongside consultations with international experts from Germany, Japan, and Azerbaijan. Furthermore, the updated code seeks to shift the burden of proof firmly onto state agencies, simplify procedural technicalities, and establish a class-action mechanism requiring a minimum of 20 participants for collective claims.

Source: www.gazeta.uz