Legal Framework for Public Oversight of Prosecutorial Bodies: Problems and Prospects for Uzbekistan In Comparative Perspective

Public oversight of prosecutorial bodies represents a fundamental rule-of-law question: how can a state make its prosecution service transparent and accountable while preserving prosecutorial independence and investigation effectiveness? This article examines the legal framework governing public oversight of prosecutorial institutions in the Republic of Uzbekistan, identifies critical deficiencies in the current system, and proposes concrete legal reforms informed by comparative analysis of developed legal systems including the United Kingdom, United States, Germany, and France. Uzbekistan possesses substantial constitutional and legislative foundations for public oversight, including constitutional protections for freedom of information (Article 29), public participation in governance (Article 56), popular sovereignty (Article 13), and prosecutorial independence (Article 78). However, these general principles remain incompletely applied to prosecutorial bodies, resulting in a fragmented framework that does not adequately serve accountability or transparency functions. The article proposes concrete legislative reforms addressing each identified problem, with detailed explanation of the legal basis, deficiency, comparative solution, and expected legal effects.

Public oversight, prosecutorial accountability, transparency

United Nations. Guidelines on the Role of Prosecutors. Office of the United Nations High Commissioner for Human Rights, 1990.

Venice Commission. Report on European Standards as Regards the Independence of the Judicial System. Council of Europe, 2020, pp. 45–78.

United Nations. Guidelines on the Role of Prosecutors, Principle 4 (accountability to the people).

Presidential Decree DP-6247, 16 June 2021, " On additional measures to ensure openness of state bodies and organizations, as well as effective implementation of public control." URL // https://lex.uz/docs/6113770

Law of the Republic of Uzbekistan "On Public Control", No. LRU-474, 12 April 2018. URL // https://lex.uz/docs/6822027

International Association of Prosecutors. Standards of Professional Responsibility. IAP, 2019, pp. 1–25.

Constitution of the Republic of Uzbekistan 01.05.2023. URL // https://lex.uz/docs/6451070

Criminal Procedure Code of the Republic of Uzbekistan 01.04.1995. URL // https://lex.uz/docs/111463

Law of the Republic of Uzbekistan "On the openness of the activities of public authorities and management"No. LRU-369, 5 May 2014. URL // https://lex.uz/docs/6819401

Law of the Republic of Uzbekistan "On the Prosecutor's Office", No. LRU-257-II, 29 August 2001, URL // https://lex.uz/docs/6817268

Crown Prosecution Service. Annual Report and Accounts 2022–23. CPS, 2023; CPS Code for Crown Prosecutors.

U.S. Department of Justice. U.S. Attorneys' Offices: Statistical Data. DOJ Criminal Division, 2023; Freedom of Information Act, 5 U.S.C. § 552 (2016).

Staatsanwaltschaftsgesetz (German Prosecution Code), Sections 1 et seq.; Bundesprokurator. Der Generalbundesanwalt: Jahresbericht 2022. BGH, 2023.

Code de Procédure Pénale (France), Articles 30–42; Cour de Cassation. Rapport Annuel 2022. France Ministry of Justice, 2023.

Hodgson, J.S. European Criminal Procedure. Hart Publishing, 2019, pp. 234–267; Shetreet, S. Judicial Independence: New Measures for New Challenges. Cambridge University Press, 2015.