Description

In countries like Uzbekistan and Russia, where executive bodies historically played significant roles in public life, recently judicial review has become a more important remedy than other remedies inside administrative organizations. Judicial review in Uzbekistan, Russia, and other post-Soviet countries has its common history. Under Soviet regime, until 1960s, such reviews where basically non-existent. Since the 1960s, there have been nominal changes in law, but practices have not changed significantly. The Soviet Constitution of 1977 and the 1987 Law “On the procedure for appealing to the court unlawful actions by officials that infringe the rights of citizens” played a significant role in introducing judicial review in Soviet law. However, after the collapse of Soviet Union legal thinking and practice of judicial review has not changed substantially in many post-Soviet countries, which is causing problems in right to access to courts, fair court procedures, and independence and impartiality of courts in administrative cases. This talk will explore 1) to what extent Soviet thinking on judicial review has been set aside or to what extent is it alive in modern Uzbekistan and Russia and 2) what are the main transformation points of judicial review in modern Uzbekistan and Russia.

Jurabek Nematov is originally from Uzbekistan. He is currently a PhD candidate at Nagoya University Graduate School of Law. Jurabek researches administrative justice of Soviet and post-Soviet countries (mainly Russia and Uzbekistan) in comparative perspective. He has publications about Uzbekistan`s administrative law and administrative litigation, as well as Japanese administrative litigation system, in Russian and Uzbek languages. This spring, Jurabek is a visiting doctoral student at UofT, were he studies Canadian administrative justice.