THE RIGHT OF CITIZENS TO APPEAL TO STATE BODIES: THEDOCTRINE OF CLASSICAL ROMAN JURISTS AND ITS RECEPTIONIN THE LEGISLATION OF THE REPUBLIC OF UZBEKISTAN

Abstract

The article examines the genesis of the right to appeal to state bodies as a legal category. A hypothesis is put forward and consistently tested, according to which the construction of a person's right to a meaningful, legally binding response to public authority was formed in the doctrine of classical Roman jurists of the II-III centuries. in the form of four interrelated elements: mandatory consideration of the appeal (Ulpian), reasoned response and prohibition of abuse of law (Papinian), procedural form of appeal (Gai) and guarantees of appeal (Yuli Pavel), and that these elements are functionally reproduced in the Law of the Republic of Uzbekistan " On Appeals of Individuals and Legal Entities” ZRU-445 dated September 11, 2017 Based on historical-legal and comparative-legal methods, each element of the hypothesis is verified according to the functional criterion of reception. It is established that reception is indirect, functional in nature and is complete in relation to the mandatory consideration, reasonableness of the response and deadlines, but partial – in relation to the suspension of the complaint. Proposals for improving the legislation are formulated that are commensurate with the results obtained; the limits of historical and legal analogy and limitations of the study are indicated.