PROBLEMS OF ENSURING THE INDEPENDENCE OF JUDGES OF THE CONSTITUTIONAL COURT OF THE REPUBLIC OF UZBEKISTAN

Abstract

This article is devoted to a comprehensive presentation of the legal category as the independence of the judiciary, its main aspects, and limits are highlighted concerning various levels of the organization of the judiciary. The independence of the judiciary is presented as a structurally complex multidimensional phenomenon, which is due to the complexity of the very phenomenon of the judiciary. Independence is studied in relation to each level of organization of the judiciary, aspects of independence are highlighted, constitutional and legal guarantees of its implementation are highlighted, and special attention is paid to the legal positions of the Constitutional Court. The independence of the Constitutional Court of the Republic of Uzbekistan is ensured by the fact that the procedure for its formation, composition, and competence is determined directly in the Constitution. In the Law “On the Constitutional Court of the Republic of Uzbekistan”, the guarantees of the independence of constitutional justice provided for by the Constitution and laws are in the principles of the formation and functioning of the Constitutional Court, the procedure for electing (appointing) judges, their term of office, legal, regulatory, administrative and financial independence of the Court, immunity and a special procedure for attracting to the responsibility of judges, their financial support. The incompleteness and inconsistency of the regulation of the legal status of constitutional judges do not allow us to speak about the existence of a coherent and effective system of guarantees of their independence. Possible solutions to this problem are proposed.