The Institute of Absentia in the Legislation of the Republic of Uzbekistan (Summary)

Abstract

The article is dedicated to results of examination of simplified procedures at the trial named absentia. This article briefly describes the establishment and historical development of the institution of absentia where a case is considered in absence of the defendant.
The article compares the views of number of scientists, and sets out the author’s own position on the issue. The author focuses on characteristics of implementation of this institution in the legislation of the Republic of Uzbekistan since 1997 when the Civil Procedure Code of the Republic of Uzbekistan had been firstly edited with inclusion of the institute of absentia.
There has been referred on experience of some foreign countries where the absentia has been used in law enforcement practices for a long time and has recommended itself as an effective to all of justice.
The author, having considered the views of number of scientists and personal opinion, claims for the concept of institution absentia, the purpose of introduction of the institution into the national legislation of the Republic of Uzbekistan, determines the order, grounds for conducting cases within the absentia and adopting a relevant judgment.