MAʼMURIY SUD ISHI YURITUVIDA KELISHUV BITIMI INSTITUTINI TAKOMILLASHTIRISHNING AYRIM NAZARIY VA AMALIY MASALALARI

Abstract

This article is devoted to the analysis of the institute of “Settlement Agreement,” which is defined in Chapter 15¹ of the Code of the Republic of Uzbekistan on Administrative Proceedings. This institute was included in the Code according to Law of the Republic of Uzbekistan No. 833 on April 26, 2023 “On amendments and additions to certain legislative acts of the Republic of Uzbekistan for taking additional measures to ensure effective protection of the rights of citizens and business subjects in relation with state authorities”. In particular, analyses were conducted on the application of the norms to the conclusion of a “settlement agreement” between the parties in the judicial practice of foreign countries such as Germany, France, and Russia. In addition, the structure of the agreement with the participation of mediators, the concept of mediation, its use in the legislation of different countries, and its specific features were studied. The concept of the “settlement agreement” in Chapter 15¹ of the Code of the Republic of Uzbekistan on Administrative Proceedings and its specific features were studied, and proposals based on our national legislation were formulated in comparison with the settlement agreement in the German Administrative Court Act. In particular, in the course of the study, based on the experience of international countries related to the conclusion of mediation and settlement agreements based on the legislation, the conclusions about amending Article 3 of the Code of the Republic of Uzbekistan on Administrative Proceedings and supplementing it with 2 new articles were thoroughly justified, and relevant suggestions were made.