Civil procedure code of the Republic of Uzbekistan
Civil procedure code of the Republic of Uzbekistan
22.01.2018
SECTION I. GENERAL PROVISIONS
Chapter 1. Main provisions
Article 1. Legislation on civil proceedings
The legislation on civil proceedings shall consist of this Code and other legislative acts.
Legislation on civil court proceedings establishes the procedure for hearing and resolving cases involving order proceedings, claim proceedings, cases considered under special proceedings, cases related to the enforcement of arbitral awards, cases related to the enforcement of a mediation agreement, and cases related to the recognition and enforcement of judgments of foreign courts and awards of foreign arbitral tribunals.
If an international treaty — to which the Republic of Uzbekistan is party — establishes other rules than those contained in the legislation of the Republic of Uzbekistan on civil proceedings, the rules of the international treaty shall apply.
Article 2. Tasks of civil proceedings
Tasks of civil proceedings shall include the following:
The correct, timely consideration and resolution of civil cases with a view to protecting the personal, political, economic and social rights, freedoms and legitimate interests of citizens of the Republic of Uzbekistan, as well as the rights and legally protected interests of enterprises, institutions, organizations, non-governmental associations and citizens' self-governance bodies (hereinafter – the organizations);
Promotion of the strengthening of the rule of law and order, ensuring democracy, social justice, civil peace and national harmony;
Forming a respectful attitude towards the law and the court.
Article 3. Right to a judicial protection
In accordance with the Constitution, everyone shall be guaranteed judicial protection of his/her rights, freedoms and legitimate interests.
Any interested person shall have the right, in accordance with the procedure established by the legislation on civil proceedings, to apply to the civil court (or court) for protection of the violated or contested right or legally protected interest.
The waiver of the right to appeal to the court shall not be valid.
Article 4. The form of appeal to the court.
Appeals to the court shall be made in the following forms:
Statement of claim — for disputes arising out of civil law relations;
Petition — for writ proceedings, special proceedings, and in other cases provided for by this Code;
when appealing to the respective appellate or cassation instance courts — the procedure shall be carried out in the form of a complaint (or protest).
The appeal and the documents attached thereto may be sent to the court as an electronic document.
Article 5. Civil case
A civil case shall be formed by the court on the basis of documents presented to the court by persons participating in the case and other participants in civil proceedings or documents demanded by the court, as well as judicial acts.
A civil case can be formed in electronic form.
A civil case, formed in electronic form, may have a hard copy on paper.
When forming a civil case in electronic form, persons participating in the case and other participants in civil proceedings shall be entitled to present documents to the court in electronic form. Written documents presented to the court by persons participating in the case and other participants in civil proceedings shall be enclosed to the case in electronic form, after which the written documents shall be returned to the persons who submitted them.
Where a civil case is formed in electronic form, court decisions shall be verified by the electronic digital signature of the judge(s), and the records of court sessions and procedural actions shall be verified by the electronic digital signature of the presiding judge and the court session secretary.
The transfer of an electronically generated civil case to another court or other body shall be done through information systems.
Article 6. Judicial acts
The court shall make a decision, ruling, resolution, and order on the matter under consideration and resolution.
The court of first instance shall take a decision on the merits of the case, while a court order shall be issued in the cases provided for in Chapter 18 of this Code.
The appellate, cassation, and supervisory instance courts issue a ruling based on the results of the case review.
The Presidium of the Supreme Court of the Republic of Uzbekistan shall issue a decision based on the results of the case review under supervisory procedure.
The court, on the basis of the consideration of a case concerning an administrative offence brought under its competence pursuant to the law, shall issue a ruling.
A ruling shall be rendered by the court on matters that are not resolved on the merits of the case.
Chapter 2. Principles of civil proceedings
Article 7. Exercise of justice only by the court
Justice in civil cases shall be administered only by a court in accordance with the rules established by this Code.
Article 8. Equality before the law and the court
Civil justice in civil matters shall be administered on the basis of equality before the law and the court, regardless of the sex, race, nationality, language, religion, beliefs, social origin, or social status of individuals, as well as regardless of the organizational-legal form, form of ownership, location, or any other circumstances pertaining to legal entities.
Article 9. Independence of judges and their subordination only to the law
In the administration of civil justice, judges shall be independent and be abide only by the law.
Any interference in the work of judges in administering justice shall be inadmissible and shall be punishable by law.
Article 10. Adversarial nature and equality of arms
Civil proceedings shall be conducted on the basis of adversarial nature and equality of arms.
Article 11. The language of the proceedings
Civil proceedings in Uzbekistan shall be conducted in Uzbek, Karakalpak, or the language of the majority population in the area.
Persons who do not speak the language in which the proceedings are conducted shall have the right to be fully acquainted with the case file, to testify and give explanations, to appear in court, to make statements and make petitions in their native language or in another language they speak, and to use the services of an interpreter in accordance with the procedure established by this Code.
Court documents issuance of which has been requested in writing by a person participating in the case who does not speak the language of the proceedings shall be delivered in a version translated into his/her native language or into another language he/she speaks.
Article 12. Publicity of proceedings
Proceedings in all courts shall be open.
The hearing in closed court shall be held for cases containing information constituting State secrets, the secrets of adoption and in other cases stipulated by law.
Closed court proceedings shall be permitted in order to prevent the disclosure of information about the private life of the persons participating in the case, to preserve the confidentiality of correspondence and other legally protected secrets.
In closed court proceedings, the persons participating in the case and, where necessary, witnesses, experts, specialists and interpreters shall also be present.
The hearing of a case in closed court shall be conducted in accordance with all the rules of civil proceedings. The use of videoconferencing shall not be permitted in closed court.
In all cases, the court decision shall be read publicly.
Judicial acts that have come into force may be published on the court's official website with the consent of the parties or with depersonalization, except for judicial acts adopted in closed court.
Article 13. Directness and oral nature of the court proceedings
When hearing a civil case, the court must directly examine the evidence relevant to the case: hear the explanations of the persons participating in the case, the testimony of witnesses, the opinions of experts, and the advice (explanations) of specialists, familiarize itself with written evidence, and inspect material and digital evidence.
The proceedings shall be handled orally.
Article 14. Resolution of cases on the basis of the legislation
The court shall be obliged to resolve cases on the basis of the Constitution and the laws of the Republic of Uzbekistan. The court shall also apply other acts of legislation if they do not contradict with the Constitution and the laws of the Republic of Uzbekistan.
In the absence of rules of law governing the disputed relationship, the court shall apply the rules of law governing similar relations, and in the absence of such rules, shall resolve the dispute based on the general principles and meaning of the laws.
In line with the law or an international treaty to which Uzbekistan is a party, the court shall apply the rules of law of a foreign State.
Article 15. Clarification by the court of the actual circumstances of the case, rights and obligations of the parties
The court, not being limited to the presented materials and explanations, shall have the right to take measures in accordance with the law for full, complete and objective clarification of the real circumstances of the case, rights and obligations of the parties.
The court shall explain to persons participating in the case their rights and obligations, warn of the consequences of the commission or failure to commit of procedural actions and assist persons participating in the case in exercising their rights.
Article 16. Binding nature of judicial acts
Judicial acts which have come into force shall be binding on all State and other bodies, organizations, officials and citizens and shall be subject to execution throughout the territory of the Republic of Uzbekistan.
Non-execution of the judicial act shall entail the liability provided for by law.
The binding nature of the judicial act shall not deprive interested persons of the opportunity to apply to the court for protection of their rights and legally protected interests, the dispute about which was not considered and resolved by the court.
Chapter 3. Composition of the court (the bench)
Article 17. Single and panel hearing of the civil case
A civil case (hereinafter — the case) at first instance shall be considered by a judge alone. In the sole consideration and resolution of the case, the judge shall act on behalf of the court.
The composition of the court for a particular case is formed using an automated information system, taking into account the scope of work and specialization of judges, with the exception of the influence of persons interested in the outcome of the trial.
The examination of a case in the appellate, cassation, and supervisory instance courts shall be carried out by a panel composed of three judges.
The review of a case under the supervisory procedure by the Presidium of the Supreme Court of the Republic of Uzbekistan shall be conducted when the majority of the Presidium members are present.
In a collegial consideration of the case, one of the judges shall preside over the court session.
All judges shall have equal rights in the consideration and resolution of a case.
Article 18. Unchangeability of the court bench composition
A case initiated by a judge or a panel of judges shall be terminated by that judge or panel of judges.
A judge or one of the judges may be replaced in the following cases:
self-denial or rejection of a judge when appealed and satisfied in accordance with the procedure established by this Code;
when it is not possible to hear the case in time due to the absence of a judge.
Article 19. Procedure for resolving issues by the court
All issues arising in the course of the proceedings shall be resolved by the judge's sole discretion, while in case of a collegiate panel it shall be resolved by a majority vote of the judges.
No judge may abstain from voting in the case of a collegial resolution. The presiding judge shall be the last to vote.
A judge who remains in a minority shall be obliged to sign a judicial act and shall have the right to express a dissenting opinion in writing. The dissenting opinion of the judge shall be enclosed to the case in a sealed envelope, but shall not be made public. The dissenting opinion of a judge shall not be communicated to the persons participating in the case. A higher court shall be entitled to get familiar with a dissenting opinion of the judge.
Article 20. Prohibition of Repeated Participation of a Judge in the Examination of a Case
A judge who has examined a case in a court of first instance shall not be allowed to re-examine the same case if the decision of the court has been annulled by the appellate, cassation, or supervisory instance court, except in cases involving newly discovered circumstances or reconsideration of a decision adopted in absentia.
A judge who examined a case in a court of first instance may not participate in the examination of the same case in the appellate, cassation, or supervisory instance courts.
A judge who participated in the examination of a case in the appellate instance court may not participate in the examination of the same case in the court of first instance, or in the cassation or supervisory instance courts.
A judge who participated in the examination of a case in the cassation instance court may not participate in the examination of the same case in the court of first instance, or in the appellate or supervisory instance courts.
A judge who participated in the examination of a case in the supervisory instance court may not participate in the examination of the same case in the court of first instance, or in the appellate or cassation instance courts, nor in the re-examination of the case under the supervisory procedure by a higher court.
Chapter 4. Challenge of the judge and other trial participants
Article 21. Grounds for challenging the judge
A judge may not hear the case and shall be subject to challenge if he/she:
1) Participated as a judge during the previous hearing of this case and his/her repeated participation in the hearing of the case is inadmissible in accordance with the requirements of this Code;
2) Is personally, directly or indirectly interested in the outcome of the case or there are other circumstances that call into question his/her objectivity (neutrality) and impartiality;
(3) Participated as a judge of the court of arbitration, prosecutor, expert, specialist, interpreter, court session secretary, witness and/or representative during the previous hearing of the case;
4) Is a relative of the party or other persons participating in the case;
5) Is a relative of the judge included in the panel hearing the case.
Article 22. Grounds for challenging the prosecutor, expert, specialist, interpreter and court session secretary
The grounds for the challenging referred to in paragraphs 2 and 4 of Article 21 of this Code shall also apply to prosecutor, expert, specialist, interpreter, and court session secretary.
The expert, specialist and interpreter may be challenged if they are in an official or other dependence on the parties or other persons participating in the case, while the expert and specialist may also be challenged if they have conducted an audit or given an opinion, materials of which served as the ground for the institution of the case.
Article 23. Claims of challenge
In the presence of circumstances referred to in Articles 21 and 22 of this Code, a judge, prosecutor, expert, specialist, interpreter, and court session secretary must recuse themselves. On the same grounds, they may be challenged by those participating in the case.
A challenge to a prosecutor, expert, specialist, interpreter, or court session secretary may also be considered upon the court's initiative.
A challenge shall be reasoned and claimed before the start of the hearing of the merits of the case. A later challenge shall only be admitted when the basis for the challenge has become known to the court or the person making the challenge after the proceedings have commenced.
A repeated challenge on the same grounds cannot be claimed by the same person. Should a claim for repeated challenge be made, it shall not be subject to review.
Article 24. Procedure for resolving the claimed challenge
If a challenge was claimed, the court must hear the opinion of the persons participating in the case, as well as the person to whom the challenge is made, should the challenged person wish to give an explanation.
The question of challenging a judge hearing a case in person shall be settled by the court chair, while in a single-bench court — by the same judge.
Other judges who are members of the panel shall be allowed to challenge a judge — a member of the panel of judges — in the absence of the challenged judge. If the number of votes given for and against the challenge is equal, the judge shall be considered challenged.
A challenge claimed in relation to two judges or to the entire bench in a collegiate hearing shall be considered by the same bench by a simple majority of votes.
In order to resolve the issue of challenging, the judge (court) shall leave to a separate room (consultation room) and shall render a ruling on either accepting or rejecting the challenge.
The question of recusal and the challenge of a prosecutor, expert, specialist, interpreter, and court session secretary shall be resolved by the court hearing the case in line with the procedure established in this Article.
Article 25. Implications of approving a claim on challenge
If a judge is challenged, the case shall be considered by the same interdistrict or district (city) civil court but by another judge, or shall be referred to another interdistrict or district (city) civil court for consideration.
If the case is heard in the Supreme Court of the Republic of Uzbekistan, the court of the Republic of Karakalpakstan, regional and Tashkent city courts, the case shall be considered in the same court, but in a different composition of the court.
If the court of the Republic of Karakalpakstan, regional or Tashkent city courts, after the satisfaction of the refusal for the reasons specified in Article 21 of this Code, it is not possible to form a new court, the case shall be transferred to the Supreme Court of the Republic of Uzbekistan. In this case, the case is considered in the Supreme Court of the Republic of Uzbekistan or sent to another relevant court by order of the Chairman of the Supreme Court of the Republic of Uzbekistan.
Chapter 5. Jurisdiction and competence
Article 26. Jurisdiction over cases
The civil court shall have jurisdiction over the following cases:
1) On disputes arising from civil, family, labour, housing, land, and other legal relations, if at least one of the parties is a citizen, except in cases where the resolution of such disputes is referred by law to the jurisdiction of other courts or other bodies;
2) On special proceedings, listed in Article 293 of this Code;
3) On cases specified in Chapter 18 of this Code and resolved under the writ proceedings;
4) On contesting the decisions of arbitration courts and on issuing writs of execution for enforcement of decisions of arbitration courts;
41) cases concerning the issuance of an enforcement writ for the compulsory enforcement of a mediation agreement;
5) On recognition and enforcement of decisions of foreign courts and foreign arbitration courts (tribunals).
6) On contesting the decisions of enterprises, institutions, organizations, public associations and actions (inaction) of their officials not arising from administrative and other public legal relations.
The courts shall also have jurisdiction over other cases referred to their competence by law.
Article 27. The jurisdiction of several interrelated claims
When several interrelated claims are brought together, some of which fall within the jurisdiction of the civil court and others fall within the jurisdiction of the economic court, all claims shall be subject to consideration by the civil court.
It is not allowed to combine several related claims, some of which are within the jurisdiction of the civil court, and others of the administrative court.
Article 28. Cases falling within the competence of the interdistrict, district (city) civil courts
Cases referred to in Article 26 of this Code shall be considered by interdistrict, district (city) civil courts, except where the consideration of such cases is referred by law to the competence of other courts.
Article 29. Cases related to the jurisdiction of the courts of the Republic of Karakalpakstan, regional and Tashkent city courts
The courts of the Republic of Karakalpakstan, regional and Tashkent city courts shall consider cases on adoption of a foreign citizen or stateless person who has applied, as well as other cases included in its competence by law.
The court of the Republic of Karakalpakstan, regional, Tashkent city courts, depending on the circumstances, may take any case from the inter-district, district (city) court on civil cases and accept it as a court of first instance or transfer the case from one court to another inter-district, district court. (city) court.
Article 30. Cases falling within the competence of the Supreme Court of the Republic of Uzbekistan
The Supreme Court of the Republic of Uzbekistan shall consider cases falling within its competence by law and shall be entitled — depending on special circumstances — to withdraw any case from any court of the Republic of Uzbekistan and accept it for trial as a court of first instance or transfer the case from one court to another appropriate court.
Article 31. Transfer of a case accepted by the court for trial to another court
A case accepted by a court for trial — subject to the rules of competence — shall be decided by the court on the merits, although it subsequently became subject to the competence of another court.
The court shall refer the case to another court in the events if:
1) It recognizes that the case will be heard in another court in a timely and comprehensive manner, in particular where most of the evidence is located;
2) After the challenge of one or more judges, their replacement in this court becomes impossible;
3) It is revealed that during the hearing of the case in this court the case was accepted for proceedings in violation of the rules of competence.
Article 311. Transfer of case materials from a civil court to another court of jurisdiction.
If a claim is presented to a court in civil cases in violation of the rules of jurisdiction, the statement of claim (statement) is submitted for consideration to the economic court or administrative court within the jurisdiction.
If during the consideration of the case it is revealed that the statement of claim (statement) was accepted for proceedings in violation of the rules of jurisdiction, the civil court issues a ruling to transfer the case materials to the economic court or administrative court of jurisdiction and terminate the civil proceedings.
A private complaint (protest) may be filed against a decision of a civil court to transfer a statement of claim (statement) or case materials to another court within its jurisdiction.
A statement of claim (statement), case materials transferred from a civil court to another court under jurisdiction must be accepted by the court to which they were transferred.
Disputes on jurisdiction between courts are not allowed in the Republic of Uzbekistan.
Article 32. Procedure for transfer of case from one court to another
The transfer of a case from one court to another court shall be made on the basis of a court ruling upon expiry of the time limit for appealing (protesting) this ruling, while in the case of a complaint (protest) — after the ruling is rendered on dismissal of the complaint (protest).
A case sent from one court to another shall be accepted for consideration by the court to which it was sent.
Disputes about the competence shall not be allowed.
Article 33. General rules of competence
Claims shall be filed with the court in the activity area of which the defendant has a permanent residence or permanent occupation.
Claims in relation to organizations shall be filed with the court at the place of their State registration.
Article 34. Competence at the plaintiff's choice
Suits against a civil defendant whose place of residence is unknown may be brought before a court at the location of his/her property or at the last known place of his/her residence.
Suits against a civil defendant who has no place of residence in the Republic of Uzbekistan may be filed with a court at the location of his/her property or at the last known place of his/her residence in the Republic of Uzbekistan.
Suits on recovery of alimony, on establishing a paternity, and compensation for damage caused by injury or other damage to health or death of the breadwinner may also be filed by the plaintiff at his/her place of residence.
Suits on compensation for damages caused by the collision of ships, as well as on recovery of remuneration for the provision of help and rescue in the water may be filed with a court also at the location of the civil defendant's ship or the port of registry of the ship.
Suits arising from contracts specifying the place of performance may be filed with court also at the place of performance of the contract.
Suits on compensation of the damage caused to property of a citizen or a legal person may be filed with a court also in a place of causing of damage.
Suits arising from the activity of a branch of the legal person may be filed with a court also at the location of the branch.
Suits against several civil defendants who live or are in different places, or against civil defendants who are legal persons and are in different places shall be filed with a court either at the place of residence or the place of State registration of one of the civil defendants at the choice of the plaintiff.
Suits on the restoration of labour, pension and housing rights and for the return of property or its value associated with compensation for harm caused to a citizen by an unlawful conviction, unlawful criminal prosecution, unlawful use of remand in custody as a preventive measure, or unlawful use of administrative penalties in the form of arrest may also be filed with a court at the plaintiff's place of residence.
Suits on dissolution of marriage may be filed with a court at the plaintiff's place of residence when it is difficult for the plaintiff to travel to an inter-district, district or municipal civil court at the defendant's place of residence because of the presence of minor children at his/her care, as well as due to a disability or serious illness.
Suits on dissolution of marriage with persons declared missing or incompetent due to their mental disorder or with persons sentenced to at least three years' deprivation of liberty may — at the plaintiff's discretion — be heard in the court of his/her place of residence.
Article 35. Exclusive competence
Suits on the right to a structure, on release of property from an arrest, on establishment of the procedure for using a land plot shall fall within the competence of a court at the location of the structure, property, or land plot.
Suits filed by a legator's creditors prior to acceptance of an inheritance by heirs shall fall within the competence of the court at the location of the inherited property or the main part thereof.
Claims against carriers arising from contracts on transportation of passengers, cargo, or luggage shall be filed at the place of state registration of the transport organization to which the claim was filed in accordance with the established procedure.
Article 36. Contractual competence
The parties may change by mutual agreement the territorial competence of a given case.
The competence established by Article 35 of this Code shall not be changed by agreement between the parties.
Article 37. Competence of counterclaim
Regardless of competence, a counterclaim shall be brought in court at the place of the original claim.
Article 38. Competence of civil cases concerning losses caused by a crime
A civil claim arising out of a criminal case — unless it has been asserted or approved in the course of criminal proceedings — shall be brought for consideration in civil proceedings under general rules of competence of civil cases.
Chapter 6. Participants of civil proceedings
Article 39. Persons participating in the case
Parties, third persons, their representatives, claimants, and other interested persons in cases of special court proceedings, the prosecutor, state administration bodies, organizations and individuals participating in the case to protect the rights and legally protected interests of other persons shall be recognized as persons participating in the case.
Article 40. Rights and obligations of persons participating in the case
Persons involved in the case shall get acquainted with the case materials, receive extracts from them, make copies, file a statement of refusal, provide evidence, participate in the examination of evidence, ask questions, file complaints, petitions to other persons involved in the case and persons assisting in the administration of justice to submit, to give oral and written explanations to the court, to state their arguments on all issues arising during the trial, to file objections, petitions, arguments against other persons, to appeal (protest) against court documents, to demand compulsory execution of court documents , have the right to be present and to exercise their rights in the event of an act by the state executor.
Persons participating in the case shall also enjoy other procedural rights, stipulated by this Code.
Individuals participating in the case shall exercise the procedural rights granted to them in good faith and perform the duties assigned to them.
Article 41. Capacity to sue under civil procedure
The ability to have civil procedure rights and duties (legal capacity) shall be recognized equally for all citizens and organizations.
Article 42. Capacity to be sued under civil procedure
The ability to exercise their rights and duties in court shall belong to citizens who have reached the age of majority, as well as to organizations.
Protection of the rights and legally protected interests of minors, i.e. citizens between the ages of 14 and 18, as well as citizens recognized as having limited legal capacity shall be pursued in court by their parents, adoptive parents, or guardians. This shall not, however, deprive minors and citizens recognized as having limited legal capacity of the right to participate in such cases.
Minors have the right to personally defend their rights and legally protected interests in court in cases of recovery of alimony from parents, as well as in cases arising from employment-related legal relationships and agreements related to the management of wages or other income. The issue of involving their parents, adoptive parents or guardians to assist minors in such cases shall be decided by the court.
A minor who has reached the age of sixteen may exercise his rights and obligations in person in court in the event that he is declared legally competent (emancipation) in accordance with the procedure established by law.
The rights and legally protected interests of minors under the age of fourteen, as well as those of citizens who have been declared legally incapable due to their mental disorder shall be protected in court by their legitimate representatives, such as parents, adoptive parents, or guardians.
Article 43. Parties
The plaintiff (claimant) and the defendant are the parties in civil proceedings.
The plaintiff is a person who applies to court to protect his/her violated or contested rights or legally protected interests or in whose interests a case has been initiated.
The defendant is the person to whom the claim is brought.
The claimant is the person who has filed a claim in special proceedings and other cases stipulated by this Code.
Article 44. Procedural rights and responsibilities of the parties
Parties shall enjoy equal procedural rights and have equal responsibilities.
The plaintiff shall have the right to change the ground or subject matter of the asserted claims, make additional claims, increase or decrease the amount of claims, and/or fully or partially waive them.
The defendant shall have the right to fully or partially recognize the claims of the plaintiff and bring a counterclaim.
In litigation, the parties have the right to complete the case at any stage of the proceedings by concluding a settlement agreement or by concluding a mediation agreement in the court of first instance until the court goes to a separate room (counsel) to receive the judicial document.
Article 45. Joinder
A suit may be brought jointly by several plaintiffs or against several defendants (joinder). Joinder shall also be permitted in special proceedings.
Joinder shall be permitted if:
Common rights or responsibilities of several plaintiffs or defendants constitute the subject matter of the dispute;
Rights and responsibilities of several plaintiffs or defendants have the same ground;
Homogeneous rights and responsibilities constitute the subject matter of the dispute.
Each of the plaintiffs and defendants acts independently in relation to the other party in the proceedings. Third parties may also be subject to joinder.
Joined parties may entrust one of the joined parties with the case administration.
The court, taking into account the nature of the disputed legal relationship, shall have the right to involve a defendant who has not been involved in the case, on own initiative or at the request of the parties.
When another defendant is involved in a case, the case consideration shall be re-launched.
Article 46. Replacement of an improper defendant
The court, having established that a claim has been brought against the wrong person to be sued under the claim may — prior to taking a decision — allow the improper defendant to be replaced by a proper defendant with the consent of the plaintiff.
If the plaintiff does not agree to the replacement of the defendant by another person, the court may engage that person as a co-defendant.
The court shall render a ruling on the replacement of the improper defendant.
After the replacement of the improper defendant, the proceedings shall start from the beginning again.
Article 47. Procedural succession
In case of withdrawal of either party, a third person, or a legal representative in disputable legal relationship or relationship established by the decision of court (death of the citizen, reorganization of the legal entity, assignment of the claim, transfer of the debt, etc.), the court shall allow replacement of these persons by their successors.
Succession shall be possible at any stage of civil proceedings. A ruling shall be rendered on the entry of a legal successor into the trial process.
After a party is replaced by a legal successor, the trial process shall continue at the stage at which the replacement was made.
For a successor, all acts committed in the trial process prior to his/her entry shall be binding to the same extent as they would have been binding on the person replaced by the successor. The successor shall have the right to consult all the case files.
Article 48. Third parties making independent claims on the subject matter of the dispute
Third parties making independent claims on the subject matter of the dispute may intervene before the court takes a decision. They shall enjoy all rights and bear all obligations of the plaintiff.
If the third parties making independent claims on the subject matter of the dispute have entered into the case after the beginning of the court proceedings, the case shall be heard from the beginning.
Article 49. Third parties who do not make independent claims on the subject matter of the dispute
Third parties who do not make independent claims on the subject matter of the dispute may intervene on the side of the plaintiff or defendant before the court decision, if the decision in the case may affect their rights or responsibilities with regard to either of the parties. They may also be invited to participate in the case at the request of the parties, the prosecutor or other persons participating in the case or upon the court's initiative.
Third parties who do not make independent claims on the subject matter of the dispute shall enjoy procedural rights and bear procedural obligations of the parties, except for the right to change the grounds or subject matter, increase or decrease the size of the claims asserted, or to waive them.
If a third party who does not file an independent claim against the subject of the dispute acknowledges the claim that the plaintiff's rights were violated as a result of his actions or omissions, the court has the right to make a decision to impose the obligation on a third party. In similar cases, a settlement agreement or mediation agreement between the plaintiff and an independent claimant and a third party who does not file a claim is allowed.
If the third party who does not make independent claims on the subject matter of the dispute has entered the case after the beginning of the trial, the case shall be heard from the beginning.
Article 50. Participation of the Prosecutor in Civil Proceedings
The prosecutor may participate in cases only in instances provided by law and for the purpose of protecting the interests of the state protected by law, in matters related to land relations, state property, compensation for damage caused to the state, and recoveries from the state budget, as well as in cases initiated based on the prosecutor's statement of claim (application). The prosecutor may not participate on their own initiative in the hearing of a case initiated upon the application of other persons.
The prosecutor may file an application with the court to protect the interests of the state.
If a citizen, due to health condition, age, or other reasons, is unable to independently defend their rights, freedoms, and lawful interests in court, the prosecutor has the right to apply to the court to protect the violated rights, freedoms, and lawful interests of such citizen.
Statements of claim (applications) to inter-district, district, or city civil courts shall be submitted by prosecutors of the Republic of Karakalpakstan, regions, the city of Tashkent, or equivalent prosecutors, or their deputies. Statements of claim (applications) to the Supreme Court of the Republic of Karakalpakstan, regional courts, or the Tashkent City Court shall be submitted by the respective prosecutors of the Republic of Karakalpakstan, the regions, or the city of Tashkent, or by their deputies.
The Prosecutor General of the Republic of Uzbekistan or their deputies shall have the right to submit statements of claim (applications) to any civil court of the Republic of Uzbekistan.
Article 51. Procedural rights and responsibilities of the prosecutor
The applicant prosecutor enjoys all the procedural rights of the plaintiff and assumes all procedural obligations, except for the right to enter into a settlement agreement or mediation agreement and the obligation to pay court costs.
The prosecutor shall have the right to waive the asserted claim whether in whole or in part; provide the court with explanations on the claims he/she has made to protect the rights and interests of other persons; express his/her opinion on the merits of the case, as well as on certain issues arising during the proceedings; and to protest the judicial act.
The prosecutor shall not be entitled to change the ground or subject matter of the claims asserted by him/her; assert additional claims; increase or decrease the amount of claims; unless consent is given by the plaintiff.
The refusal of the claimant of the claim, which was brought in defense of his rights by the prosecutor, entails leaving the statement of claim (application) without consideration, if the rights, freedoms and legitimate interests of third parties are not affected.
Prosecutor's waiver to file a suit (claim) asserted to protect another person's interests shall not deprive that person of the right to demand considering of the case on its merits.
Article 52. Participation of state administration bodies, organizations and individuals defending the rights of others in the proceedings
In cases prescribed by law, state administration bodies, organizations and individuals shall have the right to apply to the court for protection of the rights, freedoms, and legally protected interests of other persons.
State administration bodies may be brought before a court to participate in court proceedings or take part in the proceedings on their own initiative in order to give an opinion on the case with a view to exercise the duties assigned to them and to protect the rights, freedoms and legally protected interests of citizens, society and the State.
Article 53. Procedural rights and obligations of state administration bodies, organizations and individuals defending the rights of others
Participants of the trial specified in Article 52 of this Code shall enjoy the procedural rights provided for in Article 40 of this Code, as well as shall have the right to support in full or in part the claims asserted to protect the rights, freedoms and legally protected interests of another person, waive them, and give explanations about the claims declared by them. Waiver of the claim filed with the court by the said bodies, organizations and citizens to protect the rights and legally protected interests of another person shall not deprive that person of the right to demand consideration of the case on the merits.
The refusal of the claimant (applicant) from the statement of claim (statement), which was presented in defense of his rights by a state body, organization and other person, entails leaving the statement of claim (statement) without consideration, if the rights, freedoms and legitimate interests of third parties are not affected.
Article 54. Persons contributing to the administration of justice
Witnesses, experts, specialists, interpreters, custodians of material, written, and digital evidence, as well as observers and custodians in enforcement proceedings are persons assisting in the administration of justice.
Article 55. Court session secretary
The assistant (senior assistant) of the judge shall act as the court session secretary.
Article 56. Witness
Any person who has knowledge of any circumstances relevant to the case may be a witness.
The following persons may not be called in and interrogated as witnesses:
on cases that became known to him in connection with the performance of the duties of a representative, defense counsel, lawyer or mediator — representatives of civil, economic, administrative cases or defense counsel in criminal cases, lawyers, mediators in cases of administrative offenses;
persons incapable of correctly perceiving facts or giving accurate testimony about them due to physical defects or mental disorders.
Article 57. Duties and responsibilities of the witness
A person summoned as a witness shall be required to appear in court and testify truthfully.
For failure to appear on the summons for reasons recognized by court invalid, as well as for evading testifying, the witness may be fined in accordance with the procedure established by Article 146 of this Code.
The imposition of a fine shall not release the witness from the obligation to appear and testify.
A witness shall be liable under Article 238 of the Criminal Code of the Republic of Uzbekistan for intentionally false statements.
Article 58. The expert
An individual with special knowledge in science, technology, art, or craft necessary to give an opinion may be appointed as an expert.
An expert of a state forensic expert institution, an expert of a non-state forensic expert organization, an employee of another enterprise, institution, organization or other individual can act as an expert.
Persons recognized incapable or partially capable in accordance with the established procedure, as well as persons with an outstanding or unexpunged conviction for intentional crimes may not be engaged as experts.
Article 59. Rights of an expert
An expert has the right to: familiarize themselves with the case materials related to the subject of the expert examination, record necessary information from them or make copies; participate in on-site inspections and file motions for the submission of additional materials and objects of examination necessary for conducting the expert examination; participate in the examination of evidence relevant to the subject of the expert examination during the trial and, with the permission of the court, put questions to the persons participating in the case and to witnesses; inspect material, written, and digital evidence and documents; express in their opinion findings not only on the questions put before them, but also on other matters relevant to the case and within the scope of the subject of the expert examination; make statements, to be entered into the minutes of the court session, regarding the misinterpretation of their opinion or testimony by the persons participating in the case and witnesses; submit an opinion and give testimony in their native language if they do not know or do not sufficiently know the language in which the trial is conducted, and use the services of an interpreter in such a case; appeal against the decisions of the court conducting the case, or the actions (inaction) of the judge in the manner prescribed by law, if these decisions or actions (inaction) violate the rights and freedoms of the expert; recover expenses incurred during the conduct of the expert examination.
If the expert is convinced that the questions raised cannot be resolved on the basis of his/her special knowledge, or if the objects for examination or materials presented to him/her are unsuitable or insufficient to give an opinion and cannot be replenished, or if the state of science and forensic practice do not allow him/her to answer the questions raised, he or she shall prepare a reasonable report certifying the impossibility of giving an opinion and send it to the court which appointed the expert examination.
Article 60. Duties and responsibilities of the expert
The expert shall be obliged to provide the following: In the presence of the grounds provided for by Article 22 of this Code, immediately recuse himself/herself; conduct a comprehensive and complete examination of the objects submitted to him/her for examination and give a reasoned and objective written opinion on the questions put to him/her; appear in court for personal participation in the court session; give testimony on the examination conducted by him/her and answer additional questions to explain own opinion made; not disclose the information which became known to him/her in connection with the production of the examination; ensure the safety of the examination objects and case materials submitted; observe order during the trial.
For unreasoned waiver of providing an opinion, as well as failure to appear on the summons of the court for reasons recognized by court invalid, the expert shall be fined in the manner prescribed by Article 146 of this Code.
The imposition of a fine shall not release the expert from the obligation to appear and provide an opinion.
For knowingly providing a false expert opinion and for disclosing, without the courtʼs permission, information and details of deliberations of a closed court hearing, the expert shall be liable under Articles 238 and 239 of the Criminal Code of the Republic of Uzbekistan.
Article 61. Specialist
An adult person who is not interested in the outcome of a case and has special knowledge and skills in science, technology, art or craft may be engaged by the court as a specialist to assist in the collection, examination and evaluation of evidence by providing advice (explanations) and assistance in the use of scientific and technical means.
Involvement of a specialist shall be indicated in the ruling on preparation of the case for court proceedings, and in the course of the court session — in the court record.
The demand of the court to summon a specialist shall be mandatory for the head of the organization where the specialist works.
Article 62. Rights and obligations of a specialist
A person summoned as a specialist shall have the right to the following: Know the purpose of the summon; waive participation in the proceedings if he/she lacks the relevant special knowledge and skills; with the court's permission, ask questions to participants of the proceedings; draw the attention of the participants of the procedural action to the circumstances related to his/her actions in providing assistance in the collection, examination and evaluation of evidence, the use of scientific and technical means, preparation of materials for the commissioning of examination; become acquainted with the record of the proceedings, in which he/she took part, as well as in the relevant part of the court record and make statements and comments, subject to recording in the minutes, concerning the completeness and correctness of recording the course and results of the actions performed with his/her participation; receive compensation for expenses incurred by him/her in connection with his/her participation in the proceedings.
A person appointed as a specialist shall be obliged to: appear upon the courtʼs summons; participate in procedural actions and court proceedings using special knowledge, skills, and scientific and technical means; provide explanations regarding the actions performed; and not disclose, without the courtʼs permission, information and details of the deliberations of a closed court hearing. The specialistʼs consultations on all arising issues shall be submitted to the court in writing, while explanations given by the specialist during the court proceedings shall be entered into the court hearing record.
For failure to appear on the summons for reasons recognized by court invalid, as well as for unreasoned waiver of giving advice (explanations), the specialist may be fined in accordance with the procedure established by Article 146 of this Code.
The imposition of a fine shall not release the specialist from the obligation to appear and give an advice (explanation).
Article 63. Interpreter
An interpreter shall be a person proficient in the languages which are necessary for translation, appointed by the court in cases provided for by this Code. Other participants in court proceedings may not take on the duties of an interpreter.
Article 64. Rights and obligations of an interpreter
The interpreter shall have the right to the following: Ask questions to the court session participants to clarify the translation; waive participation in the court proceedings if he/she does not have the relevant knowledge for the translation; familiarize himself/herself with the record of the court session; submit objections concerning the correctness of entering the translation into the court session record.
An interpreter shall be obliged to fully and correctly perform the interpretation and observe the order during the court hearing.
For unreasoned waiver of performing interpretation, as well as failure to appear on the summons of the court for reasons recognized by court invalid, the interpreter shall be fined in the manner prescribed by Article 146 of this Code.
The imposition of a fine shall not release the interpreter from the obligation to appear and perform an interpretation.
An interpreter shall be criminally liable under Articles 238 and 239 of the Criminal Code of the Republic of Uzbekistan for knowingly providing an incorrect translation and for disclosing, without the courtʼs permission, information and details of the deliberations of a closed court hearing, and shall be warned of this by the court against receipt of a written undertaking.
Chapter 7. Representation in court
Article 65. Handling cases through representatives
Citizens may take their cases to court in person or through representatives. The citizen's personal participation in a case shall not deprive him/her of the right to have a representative on the case.
Organizations shall handle cases through their executives or representatives.
Article 66. Legitimate representation
The rights and legally protected interests of incapacitated persons or those with a limited legal capacity shall be protected in court by their legal representatives (parents, adoptive parents, caregivers, custodians).
In the case, in which a citizen recognized in the established order as a missing person shall participate, the person appointed for protection and management of the property of the missing person shall act as his/her representative.
In a case in which the heir to a person who has died or has been declared dead in accordance with the established procedure shall participate, if the inheritance has not yet been accepted by anyone, a caregiver, custodian or keeper appointed to protect and manage the inherited property shall act as the heir's representative.
A legal representative shall have the right to entrust the proceedings in court to another person selected by him/her as a representative.
A legal representative of a minor under the age of fourteen or a person declared legally incapable or missing person shall perform all procedural actions in the interests of the represented person in the cases related to the rights and legally protected interests of the represented person.
A legal representative of a minor between 14 and 18 years of age or of a person declared as having limited legal capacity shall take all procedural steps in the interests of that person in the hearing of cases to the extent of the limited rights.
According to the contractual (voluntary) representation, the trustee shall instruct the representative to handle the case in court to protect his/her rights and legally protected interests.
The following persons may be contractual (voluntary) representatives:
1) Lawyers;
2) Relatives who are lineal ancestors and descendants or have lateral relationship as well as husband/wife or his/her relatives;
3) Employees of legal entities — on the cases of these legal entities;
4) Authorized representatives of non-commercial organizations — on the cases of members of these organizations;
5) Authorized representatives of non-commercial organizations which are legally granted the right to protect rights and interests of other persons;
6) One of the joined parties on behalf of other joined parties;
7) Persons admitted by the court hearing the case as representatives of natural persons.
Only lawyers may engage as the representatives in the professional activity of handling cases in court.
The court shall be obliged, upon the request of the claimant or the respondent, to take measures to ensure the participation of a lawyer providing state-funded legal assistance in accordance with the Law of the Republic of Uzbekistan “On the Provision of Legal Assistance at the Expense of the State.”
The court shall postpone the hearing of the case until the lawyer providing state-funded legal assistance is engaged. When such a lawyer is engaged, he or she must be given at least four hours from the moment their participation is confirmed to prepare for the case.
Article 68. Registration of the representative's powers
The powers of a representative shall be indicated in a Power of Attorney to be issued and executed in accordance with the law.
Powers of Attorney issued by citizens shall be certified by notaries or other officials entitled to execute notarial acts.
Persons authorized by the state administration bodies or an official shall act under a Power of Attorney issued under the signature of the head of the relevant body or official.
A Power of Attorney on behalf of the organization shall be issued under the signature of an executive, certified by the seal of the organization (if any).
Heads of organizations shall present to the court documents certifying their official position or authority.
The powers of a lawyer shall be approved in accordance with the procedure established by law.
Article 69. Representative's powers
The powers to handle the case in court shall provide the representative with the right to perform all the procedural actions on behalf of the represented person.
Complete or partial waiver of the representative's claims under the contract, change their basis or subject, increase or decrease the amount, recognition of the plaintiff's claims, conclusion of a conciliation agreement, mediation agreement or mediation agreement, transfer of powers to another person ( power of attorney to another person), to file a complaint against a court document, to sign applications, to submit a writ of execution for foreclosure, to receive confiscated property or money must be specified in the power of attorney issued by the principal in each case.
Article 70. Persons who may not be representatives in court
The following persons may not be representatives in court:
1) minors, except for the cases established by the legislation;
2) Those under guardianship and trusteeship;
(3) Judges, prosecutors, persons conducting initial inquiries, investigators, and court officials, except in cases where they act as legitimate representatives (parents, adoptive parents, caregivers or guardians) or as authorized representatives of the relevant court or prosecution, inquiry, and investigation bodies;
4) Those that are providing or were previously providing legal aid to persons whose interests are contrary to those of the represented person;
41) those who participated as mediators in the mediation procedure related to this dispute, except as otherwise provided by law and by mutual consent on the participation of the mediator;
(5) Those in kinship relations with the judge, prosecutor, court session secretary, expert, specialist, or an interpreter.
Chapter 8. Evidence
Article 71. Means of proof
Any factual information that serves as a basis for the court to determine, in the manner prescribed by law, the existence or non-existence of circumstances justifying the claims and objections of the parties, as well as other circumstances of relevance for the correct resolution of the case, shall constitute evidence in a civil case. This information shall be established by the following means, namely: the explanations of the parties, third parties, and their legal representatives, the testimony of witnesses, material, written, and digital evidence, expert opinions, and the advice (explanations) of specialists.
Data contained in anonymous letters and other information the origin of which is unknown or those obtained in violation of the law shall not be deemed evidence.
Explanations of the parties and third parties and witness testimonies may be obtained by using videoconferencing systems in line with the procedure established by Article 209 of this Code.
Article 72. Burden of proof and presentation of evidence
Each party shall be obliged to prove the circumstances to which it refers as the basis for its claims and objections.
The court shall determine the circumstances of relevance to the case and the parties to be proved and shall put them on the table even if the parties have not referred to them.
The evidence shall be presented by the parties and the other persons participating in the case. The court may invite them to present additional evidence. Where it is difficult for the parties and other persons participating in the case to present additional evidence, the court shall assist them at their request in the collection of evidence.
Article 73. Relevance of evidence
The court shall only consider evidence that is relevant to the case.
The court ruling on refusal of accepting the evidence shall be reasoned.
Article 74. Admissibility of evidence
The circumstances of a case, which by law shall be supported by certain means of proof may not be supported by any other means of proof.
Article 75. Grounds for relief from the burden of proof
Circumstances recognized by the court as well known shall not be needed to be proved.
The facts established by an enforceable court decision in one civil case shall not be subjected to proof again in other civil cases in which the same persons participate.
A decision of an economic or administrative court that has entered into legal force is binding on the court considering another case on issues regarding the circumstances established by the decision of the economic or administrative court and related to the persons participating in the case.
A sentence that came into legal force in a criminal case shall be binding on the court hearing a case on the civil legal implications of the actions of a person against whom the court sentence has been passed, only with regard to whether these actions took place and whether they were committed by that person.
The circumstances confirmed by a notary in the commission of a notarial act shall not require proof if the authenticity of the notarized document has not been refuted in accordance with the procedure established by Articles 235 and 236 of this Code, or a material breach of the notarial act procedure has not been established.
Article 76. Securing of evidence
Persons who have reasons to believe that it will subsequently become impossible or difficult for them to produce the evidence required to them may request the court to secure the evidence before or after filing the claim.
Persons involved in the case have the right to take measures to provide evidence in a notarized manner in the pre-trial process.
Securing of evidence required for the conduct of cases in foreign bodies shall be conducted by notaries in the manner prescribed by law.
Article 77. Claim to secure evidence
The claim to secure evidence shall be filed with the court in the area of operation of which the procedural actions to secure the evidence are to be carried out.
The claim shall set out the evidence to be secured; the circumstances for the confirmation of which that evidence is necessary; the reasons that prompted the claimant to apply for the securing of evidence; as well as the case for which the secured evidence is or will be necessary in the future.
Article 78. Evidence securing procedure
Evidence shall be secured by a court in accordance with the rules on the collection and examination of evidence established by this Code. The claimant and other persons participating in the case shall be informed of the time and place of securing of evidence, but their failure to appear shall not be an obstacle to the consideration of a claim for securing of evidence. In exigent cases, as well as in cases when it is impossible to determine with whom a claimant may subsequently have a dispute, securing of evidence shall be carried out with notification of the claimant only.
In the course of securing evidence, explanations of the parties and third parties shall be heard, witnesses shall be examined, an expert examination shall be appointed, physical, documentary and digital evidence shall be requested or inspected, and on-site inspections shall be conducted.
All materials collected in support of evidence shall be sent to the court hearing the case or shall be provided to the claimant.
Article 79. Appealing the ruling on the securing of evidence
The ruling on securing of evidence shall not be subject to appeal.
A special complaint (protest) may be filed against the ruling on refusal of securing the evidence.
Article 80. Evaluation of evidence
The court shall evaluate the evidence proceeding from its internal conviction, based on a full, complete and impartial consideration in court of all the case circumstances in their totality and being guided by law.
Each of the evidence shall be assessed from the point of view of its relevance, admissibility and reliability, and the totality of the evidence from the point of view of its sufficiency.
Evidence shall be considered reliable if it is found to be true as a result of verification.
No evidence shall have predetermined admissibility for the court.
The court shall reflect the results of the evaluation of evidence in a decision which gives the reasons why some evidence was accepted as a means of substantiating the court's findings, other evidence was rejected by the court, and also the grounds for the reason why some evidence was preferred over others.
When evaluating the documents or other written evidence, the court shall ensure — by taking into account other evidence — that such document or other written evidence come from a body authorized to present this type of evidence, is signed by a person entitled to affix the document by signature, and contains all other integral details of this type of evidence.
When evaluating a copy of a document or other written evidence, the court shall verify whether the content of the copy of the document has changed when copying in comparison with its original; check technical method by which the copying was carried out; whether copying guarantees the identity of the copy of the document and its original; and the way in which the copy of the document was preserved.
The court may not consider proved the circumstances confirmed only by the copy of the document or other written evidence, if the original of the document is lost and not handed over to the court; when the copies of this document submitted by each of the disputing parties are not identical with each other; and it is impossible to establish the true content of the document by means of other evidence.
Article 81. Explanations by parties and third parties
The explanations given by the parties, third parties and their representatives about the circumstances known to them which are relevant to the case shall be subject to verification and evaluation along with other evidence collected in relation to the case.
A party's admission of the facts on which the other party bases its claims or objections shall relieve the latter of the need for further proving those facts. If the court is in doubt, this fact shall be proved on general grounds.
Fact admission shall be recorded in the minutes of the court hearing and signed by the party that has admitted the fact. If the admission of fact is set out in a written claim, it shall be attached to the case.
Article 82. Motion to compel witness attendance
The person requesting the summoning of a witness shall specify the circumstances relevant to the case the witness may confirm and shall inform the court of his/her surname, name, patronymic, place of residence, or place of work or study.
Article 83. Interrogation of witnesses at their place of residence
Witnesses who permanently reside outside the location of the court hearing the case and are unable, for valid reasons, to appear in court, may be interrogated by the court at the initiative of the court, at the request of the parties or other persons participating in the case, or by own initiative of the witness himself/herself at their place of residence upon instructions from the court hearing the case, or held by videoconferencing. If these witnesses appear before the court hearing the case, they shall be questioned by the court.
Article 84. Written evidence
Written evidence shall be acts, contracts, reference notes, business correspondence, other documents and materials in the form of digital, graphic record that contain information on the circumstances relevant to the case, including those obtained by fax, electronic or other communication, or other way allowing to establish the credibility of the document.
Written evidence presented to the court, prepared either in whole or in part in a foreign language, shall be accompanied by duly certified translations thereof.
A document obtained in a foreign state shall be recognized as written evidence in court if it is legalized in the manner prescribed by law.
A document obtained in a foreign State shall be recognized in court as written evidence without legalizing it in cases stipulated by an international treaty to which Uzbekistan is party.
Article 85. Presentation and discovery of written evidence
The person presenting written evidence shall be required to indicate what circumstances relevant to the case may be established by the evidence and, in the case of discovery requests shall indicate this evidence and specify the grounds on which the person believes that the written evidence is in possession of that person.
Written evidence demanded by the court from state bodies, organizations or citizens shall be sent directly to the court.
The court may also issue a request for the right to receive the written evidence to a person requesting the discovery of a written proof for submission to the court.
Article 86. Duty to present written evidence
Citizens and organizations that do not participate in the case and do not have the opportunity to present written evidence required by the court, shall be obliged to notify the court by stating the reason.
If a person from whom the discovery of the written evidence is demanded by court, has no possibility to present it or to present it within the deadline established by court, he/she shall be obliged to notify the court thereof with the indication of the reasons within five days from the date of receipt of court inquiry.
In case of failure to notify, as well as in the event of invalidity of the reasons for waiving presentation of written evidence, the court shall impose a fine on the liable officials of the organizations, as well as on citizens in line with the procedure established by Article 146 of this Code.
The imposition of the fine shall not release the respective officials and citizens from the obligation to submit the written evidence required by the court.
Article 87. Presentation of written evidence in original
As a rule, the written evidence shall be presented in the original or a duly certified copy. If a copy of a document is presented, the court shall be entitled, if necessary, request that the original be presented. If only part of the document is relevant to the case at hand, a certified extract from it may be presented.
Article 88. Inspection and examination of written evidence at the place of its storage
If it is difficult to present written evidence to the court due to its multiplicity or if only part of it is of relevance to the case, the court may require duly certified extracts or conduct inspection and examination of the evidence at the place of their storage.
Article 89. Return of original documents
The original document available in the case may be returned at the request of the person who presented it after the court decision enters into legal force, with keeping in the case of a copy certified by the judge.
Before the entry of the judicial act into legal force, the written evidence may be returned to persons who presented it, if the court finds it possible. Simultaneously with the request, the specified persons shall submit a duly certified copy of the original document or request the court to certify the accuracy of the copy remaining in the case.
Article 891. Electronic data
Electronic data is information that is created, processed, and stored using electronic devices, information systems, and information technologies.
The parties participating in the case, witnesses, and other persons are entitled to submit electronic data by extracting a copy of this data from one electronic medium to another electronic medium where electronic data is available.
The court shall receive the submitted electronic data with the participation of a specialist and shall inspect the primary electronic medium containing the electronic data.
Electronic media containing electronic data that is of no relevance to the case shall be immediately returned to their owners.
Article 892. Digital evidence
Electronic data, including files in electronic form, audio and video recordings, information stored on the World Wide Web (Internet), as well as other electronic data containing information about circumstances of relevance to the case, shall constitute digital evidence.
Extraction of a copy from digital evidence is permitted, provided that its integrity and authenticity are preserved.
The permissibility of extracting a copy from digital evidence is ensured by the availability of the original digital evidence from which this copy was extracted, except for digital evidence certified by a notary. The parties participating in the case, witnesses, and other persons are entitled to submit copies of digital evidence in printed paper form. In this case, the paper form of the digital evidence may not be considered written evidence, except for digital evidence certified by a notary.
Audio and video recordings formed in the format of electronic data, attached to the procedural minutes drawn up during the court proceedings, shall also be considered digital evidence.
A copy of the digital evidence shall be kept together with the case materials.
Article 893. Obligation to submit digital evidence
Citizens, as well as heads and other officials of enterprises, institutions, and organizations, must, upon the lawful request of the court, submit the electronic data at their disposal, necessary for use in the performance of judicial actions, together with the electronic media.
If the person from whom the digital evidence is requested by the court is unable to submit it within the time limit established by the court, this person must notify the court thereof, indicating the reasons.
A person voluntarily submitting digital evidence shall report what circumstances of relevance to the case can be established by means of this evidence.
A person participating in the case is entitled to file a motion with the court to request digital evidence of relevance to the case that is at the disposal of other persons. In this case, the person filing the motion shall declare on what grounds the digital evidence is held by a specific person, as well as its location.
The court may issue an inquiry to the person filing a motion for requesting digital evidence, granting the right to obtain the digital evidence for submission to the court.
Citizens, as well as heads and other officials of enterprises, institutions, and organizations not participating in the case and unable to submit the digital evidence requested by the court, must notify the court thereof, indicating the reasons.
Digital evidence requested by the court from state bodies, organizations, or citizens shall be sent directly to the court.
In the event that the court is not notified, as well as if the submission of digital evidence is refused without valid reasons, the court shall impose a fine on the guilty officials of organizations, as well as on citizens, in the manner established by Article 146 of this Code.
The imposition of a fine shall not release officials and citizens from the obligation to submit the digital evidence requested by the court.
Article 894. Conditions for the inspection and examination of digital evidence
The court must directly inspect and examine digital evidence with the participation of a specialist.
In the event that it is impossible to submit digital evidence to the court or there are difficulties in its delivery, the court may require that this evidence be inspected and examined at the place of its storage.
Article 90. Physical evidence
Physical evidence (exhibits) shall be considered items that may serve as a means of determining the circumstances relevant to the resolution of the merits of a case.
The person presenting or requesting the discovery of physical evidence shall be obliged to specify the circumstances relevant to the case that can be established by this evidence.
Article 91. Procedure for discovery and presentation of physical evidence
A person who applies to the court for discovery of an item as evidence from persons participating or not participating in the case shall describe the item and indicate the grounds on which they believe the item is in the possession of the person.
The physical evidence demanded by the court from citizens and organizations shall be forwarded directly to the court.
The court may issue a request to a person requesting the discovery of a physical evidence for the right to receive it for submission to the court.
Article 92. Duty to present physical evidence
Citizens and organizations that do not participate in the case and do not have the opportunity to present the requested item or present it within the terms set by the court shall be obliged to notify the court thereof by stating the reason.
If a person from whom the discovery of the physical evidence is demanded by court, has no possibility to present it or to present it within the deadline established by court, he/she shall be obliged to notify the court thereof specifying the validity of reasons within five days from the date of receipt of court inquiry.
In the event of failure to notify, as well as if the court's request for the submission of the item is not satisfied for the reasons deemed by court invalid, the liable citizens and officials of the organizations may be fined in line with the procedure established by Article 146 of this Code.
The imposition of the fine shall not release the respective citizens and officials from the obligation to submit the item demanded by the court.
Article 93. Inspection of perishable physical evidence
The court may conduct inspection and examination of the evidence at the place of its location in case of impossibility or difficulty of delivery to the court, as well as in case if the physical evidence is perishable.
Perishable products and other items shall be immediately inspected by the court with notification of persons participating in the case. After inspection, these items shall be returned to the persons from whom they were obtained or transferred to other persons who may use them for their intended purpose. In the latter event, items of the same kind and quality or their value at prices at the time of return shall subsequently be returned to the owner of the items.
If necessary, persons contributing to the administration of justice may be summoned to participate in the inspection and examination of evidence.
Article 94. Storage of physical evidence and its return
The physical evidence shall be admitted to the case by the court ruling and kept in the case or handed over to the court's exhibits storage chamber as per a special inventory list.
Items that cannot be delivered to the court shall be kept in the place where they are located. They shall be described in detail, sealed and, if necessary, filmed on photo or videotape.
The court and keeper shall take measures to keep the physical evidence intact.
The costs for storage of the physical evidence shall be apportioned between the parties in line with the rules established by Article 138 of this Code.
Upon entry of the judicial act into legal force, the physical evidence shall be returned to the persons from whom they were received or transferred to the persons for whom the court recognized the right to these items.
In certain cases, after inspection and examination by the court, the physical evidence may be returned to the persons from whom it was obtained until the end of the case, if the latter apply for it and if meeting such motion is possible without prejudice to the proceedings and execution of the decision.
Objects that according to the law may not be in the possession of citizens shall be transferred to the relevant organizations.
Article 95. Expert examination
In order to clarify issues arising in the course of the proceedings, which require special knowledge in the field of science, technology, art or craft, the court may, at the request of the persons participating in the case or on its own initiative, appoint an expert examination.
Expert examination shall be carried out in court or out of court, if it is necessary by the nature of the examination or due to impossibility or difficulty to bring the subject of examination to the court.
The court ruling on the commissioning of the expert examination shall indicate the issues on which the expert opinion is required and the person instructed to carry out the expert examination.
When appointing experts, the court shall take into account the opinion of persons participating in the case.
Should a party evade participation in the expert examination, fail to provide the experts with necessary materials and documents for the examination, as well as in other cases, if due to the circumstances of the case and without participation of this party the expert examination cannot be conducted, the court — depending on which party evades the expert examination and what significance it has for it — shall have the right to recognize the fact for clarification of which the expert examination was commissioned, as established or disproved.
A lawyer, with the consent of the client, can send a lawyerʼs request to state forensic expert institutions and non-state forensic expert organizations to conduct an examination on a contractual basis.
Article 96. Supplementary expert examination and re-examination
A supplementary expert examination shall be assigned to fill existing gaps in the opinion of an expert (commission of experts) and shall be performed by the same or another expert (commission of experts).
A repeated expert examination shall be assigned when the opinion of the expert (commission of experts) is unjustified, or its correctness is questioned, or the evidence underlying it is considered unreliable, or the procedural rules of the expert examination have been substantially violated.
When commissioning a repeated expert examination, the expert (commission of experts) may be questioned about the scientific validity of previously applied methods of examination.
The court ruling on the commissioning of the repeated expert examination shall contain the reasons for disagreement of the court that commissioned the repeated expert examination with the conclusion of the first (previous) expert examination.
The repeated expert examination shall be assigned to another expert (commission of experts). The expert (commission of experts) that carried out the first (previous) expert examination may be present in the course of the repeated expert examination and provide explanations, but he/she shall not participate in the examination and drafting of the opinion.
Article 97. Defining the range of issues requiring an expert opinion
Persons participating in the case shall have the right to present to the court the questions to be explained by experts.
The final set of questions requiring an expert opinion shall be determined by the court. The court shall be obliged to give reasons for rejection of the proposed questions.
Article 98. Opinion of the expert (commission of experts)
After conducting the examinations, the expert (commission of experts) shall draw up an opinion, which shall be certified by the signature of the expert or of each expert member of the commission of experts, respectively.
The court shall have the right to invite the expert to provide an oral explanation of his/her opinion. The oral explanation shall be recorded in the minutes of the court hearing, read out to the expert and signed by him/her.
The expert opinion (or the opinion of an expert commission) must include the following: the date and place of the examination; the basis for conducting the examination; information about the court that appointed the examination; information about the expert (surname, first name, patronymic, education, specialization, work experience, academic degree, academic title, and current position), as well as information about the enterprise, institution, or organization entrusted with conducting the examination; a warning regarding criminal liability for knowingly providing a false expert opinion; and for disclosing, without the courtʼs permission, information and details of the deliberations of a closed court hearing when the case is considered in a closed session; the questions posed to the expert; the objects of examination and case materials provided to the expert; information about persons present during the examination; the content and results of the examinations, indicating the methods applied, as well as, if the examination is conducted by an expert commission, by whom each part was performed; the evaluation of the examination results and reasoned answers to the questions posed; and circumstances relevant to the case that were identified on the expertʼs own initiative.
Materials illustrating the conclusion and its results are attached to this conclusion and serve as its integral part. Materials documenting the progress, conditions and results of the study are stored in a state forensic expert institution or a non-state forensic expert organization or other enterprise, institution, organization within the time limits established by law. At the request of the court that appointed the examination, they are submitted for inclusion in the case.
The opinion shall contain a justification for waiver of answering some of the questions raised, if an insufficiency of the objects submitted for examination, materials or special knowledge of the expert was revealed in the course of the examination.
Upon completion of the examination, the opinion, examination objects, and case materials shall be sent to the court that commissioned the expert examination.
The disagreement of the court with the opinion of the expert (commission of experts) shall be reasoned in the decision on the case or in the ruling.
Article 99. Production of examination by commission of experts
Expert examination may be conducted by several experts of one (commission expert examination) or different forensic specialties (comprehensive expert examination).
The examination by the commission of experts determined by the court that appointed the examination, or the head of the state forensic expert institution, non-governmental forensic expert organization or other enterprise, institution, organization organizing the production of this examination.
The commission of experts, which is assigned to conduct the expert examination shall agree on the objectives, sequence, and scope of the forthcoming examinations, based on the necessity of addressing the questions, set before it.
As a part of the commission of experts, entrusted with expert examination, each expert shall at his/her own discretion and independently conduct the examinations, evaluate the results obtained by him/her personally and other members of the commission, and formulate findings on the questions raised within the limits of his/her special knowledge.
Conduction of the examination fully or partially by persons not included in the commission of experts shall not be allowed.
Article 100. Examination by expert commission
In an examination by expert commission, each of the experts shall conduct full examination followed by a joint analysis of the results obtained. Once the experts reach a common opinion, they shall draw up and sign a joint opinion or an act of impossibility to give an opinion.
In case of disagreement between the experts, each of them shall give a separate opinion on all or certain issues that caused disagreement.
Article 101. Comprehensive expert examination
A comprehensive expert examination shall be commissioned in cases where it is possible to determine the circumstances relevant to the case only by conducting several examinations applying different branches of knowledge.
In the course of comprehensive expert examination, each of the experts shall conduct examinations within his/her competence. The conclusion of the comprehensive expert examination shall indicate examinations conducted and extent to which each of the experts has conducted it; facts he/she has personally established; and findings he/she has come to. Each of the experts shall sign the part of the conclusion (final opinion) that contains these examinations and shall be responsible for it.
The general finding(s) shall be made by the experts who are competent in evaluating the results obtained and formulating this (these) finding(s). If the final conclusion of the commission of experts or its part is based on the facts established by one of the experts (by individual experts), this shall be indicated in the conclusion.
In case of disagreement between the experts, each of them shall give a separate opinion on all or certain issues that caused disagreement.
If the production of a comprehensive expert examination is entrusted to a state forensic expert institution or a non-state forensic expert organization, then the organization of this examination is entrusted to its head.
Article 102. Consultation (explanation) by a specialist
A specialist shall provide the court with advice (explanation) either orally or in writing.
The written consultation of a specialist shall be announced, researched in a court session, and attached to the case. The oral consultation shall be recorded directly in the record of the court hearing (procedural action).
In order to clarify and supplement the consultation, the expert may be asked questions.
Article 103. Letters of request
The court hearing the case, if it is necessary to collect evidence in another district or city, shall instruct the relevant court to perform certain procedural actions.
A letter of request shall be supported by a ruling, setting forth the merit of the case under consideration; the circumstances to be clarified; the evidence to be collected by the court executing the request. This ruling shall be binding for the court to which it is addressed and shall be executed within fifteen days.
The letter of request may be sent as an electronic document through an information system.
Article 104. Procedure for execution of a letter of request
The execution of the letter of request shall be performed in the court session according to the rules established by this Code. The persons participating in the case shall be notified of the time and venue of the session, however, their failure to appear shall not be an obstacle to the execution of the request.
Factual information established through the hearing of explanations of the parties, third parties, or their legal representatives, the testimony of witnesses, and the inspection and examination of material, written, and digital evidence may be collected under the procedure of a judicial commission.
Minutes and materials collected in the course of execution of the letter of request shall be immediately sent to the court hearing the case.
If the persons participating in the case or witnesses who gave explanations or testimony to the court hearing the case appear in the court hearing the case, they shall give explanations or testimony under a standard procedure.
Chapter 9. Securing of suit
Article 105. Grounds for securing a suit
The court (judge) may take measures to secure the suit at the request of persons participating in the case or on its own initiative. Securing of a suit shall be allowed, if failure to take measures on security may complicate or make impossible the execution of the judicial act.
Securing of a suit shall be allowed at any stage of the court proceedings.
When considering the cases related to property recovery in favor of the State, the court (judge) shall be obliged to take measures to secure a suit.
The statement on securing a suit shall indicate the grounds and the need to take measures to secure the suit.
Measures to secure a suit, considered in the arbitration court may be taken at the choice of the party to the arbitration trial by the court on civil cases at the location of the arbitration court or the location or residence of the defendant, or the location of the property of the defendant. The claim for securing of suit shall be accompanied by the evidence of the filing of the suit with the court of arbitration.
Consideration by the civil court of a claim for securing a suit being considered by the court of arbitration and the rendering of a ruling by it on securing a suit shall be carried out in the manner prescribed by this Chapter.
Article 106. Measures to secure the suit
The measures to secure the suit may be as follows:
1) Imposition of arrest on property or money belonging to the defendant and held by him/her or another person;
2) Prohibiting the defendant from performing certain actions;
3) Prohibiting other persons from transferring the property to the defendant or executing other obligations in relation to it;
4) Suspension of the sale of property in the event if a claim is asserted to release it from arrest;
5) termination of collection on the writ of execution if the debtor is in dispute in court and if such a dispute is allowed by law;
6) Imposing the obligation on the defendant to perform certain actions to prevent the damage and deterioration of the disputed property;
7) Transfer of the disputed property for storage to a third party (keeper).
Where appropriate, the court (judge) may take other measures to secure the suit.
Securing of a suit by imposing an arrest on salary, income, pension and scholarship, except for claims for alimony recovery, for compensation of damage caused by injury or other health damage, as well as death of the breadwinner, or for compensation of damage caused by theft of other's property shall not be allowed.
The measures to secure the suit shall be proportionate to the claim asserted by plaintiff.
Where appropriate, the court may apply several types of securing of suits, so that their total amount does not exceed the price of the suit.
Article 107. Consideration of claim on securing of suit
A claim for securing of a suit shall be resolved by a court (judge) on the day the claim is received without notifying the defendant and other persons participating in the case.
A ruling shall be made as a result of consideration of the claim on securing of suit.
Article 108. Replacing one type of securing of suit with another
Having heard the explanations of the persons participating in the case, the court may replace one type of securing of suit with another.
Replacement of the type of securing of suit may be made by the court hearing the case at the request of the person participating in the case.
The issue of replacement of one type of securing of suit by another shall be resolved in the court session with notification of the persons participating in the case. However, the non-appearance of these persons shall not be an obstacle for consideration of the issue on replacement of securing of suit.
When securing a suit for recovery of a sum of money, the defendant shall have the right to deposit the amount claimed by the plaintiff in the court deposit account instead of the provisional measures applied.
A ruling shall be issued as a result of consideration of the issue of replacing one type of securing of suit with another.
Article 109. Execution of the ruling on securing of suit
The ruling on securing the suit shall be executed immediately in the procedure established for the execution of judicial acts.
Article 110. Liability for failure to comply with the suit security measures
In case of violation of the prohibitions specified in items 2, 3, 6, and 7 of part one of Article 106 of this Code, the liable persons shall be fined in accordance with the procedure established by Article 146 of this Code. The plaintiff shall have the right to demand on general grounds the compensation from these persons for the losses caused by the failure to comply with the court ruling on securing the suit.
Article 111. Cancellation of measures to secure the suit
Measures to secure a suit may be cancelled by the court hearing the case.
The issue of cancellation of securing of suit shall be resolved in the court session with notification of the persons participating in the case. However, the non-appearance of these persons shall not be an obstacle for consideration of the issue on cancellation of securing of suit.
The decision of the court of arbitration on dismissal of the claims under the suit shall be the ground for the court to cancel the measures on securing of suit.
A ruling shall be made as a result of consideration of the issue of cancellation of securing of suit. A copy of the ruling shall be sent to the persons participating in the case not later than the day following the day of its issue.
Article 112. Period of time for which measures to secure the suit shall be maintained
In case if the suit is dismissed, the measures of securing the suit shall be maintained until the decision comes into legal force. However, the court may render a ruling to cancel the measures to secure the suit alongside with the decision or after its adoption.
In case of satisfaction of the suit, the suit security measures shall remain in force until the decision is actually executed.
Article 113. Appealing (protesting) of the rulings on securing a suit
A special complaint (protest) may be filed against the ruling on securing the suit.
The term for filing a private complaint (protest) on the ruling on securing a suit shall be calculated from the date of serving or sending a copy of the ruling.
Article 114. The implication of filing a complaint (protest) against the ruling on securing the suit
Filing a private complaint (protest) against the court ruling on securing a suit shall not suspend the execution of this ruling.
Filing a private complaint (protest) against a court ruling on cancellation of the suit security or on replacing one type of suit security with another shall suspend the execution of this ruling.
Article 115. Compensation for damages caused by securing of suit
While securing a suit, the court (judge) may demand the plaintiff to secure possible losses for the defendant.
Upon entry into legal force of the decision on the dismissal of the suit, the defendant shall have the right to demand from the plaintiff compensation for the losses caused to him/her as a result of the measures taken upon motion of the plaintiff to secure the suit.
Chapter 10. Stay of proceedings on the case
Article 116. Obligation of the court to suspend the proceedings on the case
The court shall suspend the case proceedings in the following events:
1) Death of a citizen, if the disputed legal relationship allows a succession, or reorganization of a legal entity, which was a party in the case;
2) Loss of legal capacity by a citizen (party);
3) A defending citizen is serving in an active unit of the Armed Forces of the Republic of Uzbekistan or when the corresponding petition is filed by a plaintiff citizen who is serving in an active unit of the Armed Forces of the Republic of Uzbekistan;
4) Impossibility to hear this case before a decision is taken on another case or issue being considered by the Constitutional Court of the Republic of Uzbekistan, civil court, criminal court, administrative court, or economic court, as well as the case on which an investigation is underway;
5) Filing of a procedural request by a party to the competent authority of a foreign State to cancel or suspend an execution of a decision of a foreign court or a foreign arbitration court (arbitration);
6) Entry into an agreement to conduct the mediation procedure.
Article 117. Right of the court to suspend the proceedings on the case
The court shall be entitled to suspend the proceedings on the case at the procedural request of persons participating in the case or on its own initiative in the following events:
1) The party is in the Armed Forces of the Republic of Uzbekistan on active fixed-term military service or these persons are involved to perform any State duty;
2) The party is in a healthcare institution and any of them have a disease that prevents them from appearing in court, confirmed by a certificate from the healthcare institution;
3) Defendant is on the wanted list in cases stipulated by Article 165 of this Code;
4) The party is on a business trip exceeding the period of hearing of the case, except for the cases when representatives of organizations participate in the case;
5) An expert examination is commissioned by the court;
6) Sending a letter of request in accordance with Articles 103 and 363 of this Code.
Article 118. Time for which the proceedings on the case are suspended
Case proceedings shall be suspended in the events stipulated by the following:
1) Items one and two of Article 116 of this Code — until the legal successor or legal representative of an incapacitated person is either involved or appointed to the case;
2) Item 3 of Article 116 of this Code — until termination of stay of the party in the active unit of the Armed Forces of the Republic of Uzbekistan;
3) Item 4 of Article 116 of this Code — until entry into legal force of the decision or sentence of the court, or until issuance of the ruling on the case being heard administratively, or until completion of investigation;
4) Item 5 of Article 116 of this Code, — until the resolution by the competent authority of a foreign State of a procedural request to cancel or suspend an execution of a decision of a foreign court or a foreign arbitration court (arbitration);
41) Item 6 of Article 116 of this Code — until the completion of the mediation procedure, but not exceeding sixty days;
(5) Item one of Article 117 of this Code — respectively, until termination of stay of the party in the Armed Forces of the Republic of Uzbekistan on active fixed-term military service or until completion by these persons of execution of their State duties;
6) Item two of Article 117 of this Code — until the party is discharged from the healthcare institution or the party has recovered from a disease which was preventing it from appearing in court;
7) Item 3 of Article 117 of this Code — until the detection of the defendant;
8) Item 4 of Article 117 of this Code — until the party returns;
9) Item 5 of Article 117 of this Code — until the completion of the expert examination;
10) Item 6 of Article 117 of this Code — until the completion of actions on execution of the letter of request.
Article 119. Procedure for suspension of proceedings on the case
The court shall issue a ruling on the suspension of case proceedings.
A special complaint (protest) may be filed against the ruling on suspension of proceedings on the case.
Article 120. Legal implications of suspension of proceedings on the case
In case of suspension of proceedings on the case, the period of time established by this Code or appointed by the court shall be suspended.
Prior to the resumption of proceedings on the case, the court shall have no right to perform any procedural actions, except for actions aimed at securing of suit and evidence.
Article 121. Resumption of proceedings on the case
Proceedings on the case shall be resumed upon the application of the persons participating in the case or upon the court's initiative after the circumstances caused its suspension have disappeared.
When resuming proceedings, the court shall summon the persons participating in the case on general grounds.
The court shall render a ruling on the resumption of proceedings on the case.
Chapter 11. Leaving the claim undecided
Article 122. Grounds for leaving the claim undecided
The court shall leave the claim undecided, if:
1) the claim is filed by a legally incapable person;
2) the claim on behalf of the interested person is filed by a person who has no authority to handle the case;
3) there is a case in the proceedings of a civil court, an economic court or an arbitration court on a dispute between the same parties, concerning the same subject matter and on the same grounds;
4) an arbitration agreement has been concluded between the parties to transfer this dispute to an arbitration court for resolution;
5) the parties, who did not request for case proceedings in their absence did not appear without valid reasons upon secondary summon, and the court does not deem it possible to resolve the case based on materials available in the case;
6) the plaintiff, who did not request for case trial in his/her absence failed to appear in the court upon secondary summon, and the defendant does not demand the case proceedings on the merits;
7) a dispute arose during the special proceedings about the law falling within the jurisdiction of the court;
8) the husband has filed a suit for dissolution of marriage without the wife's consent during her pregnancy or within a year after the birth of the child;
9) the plaintiff has filed an application on leaving the claim undecided;
91) the plaintiff, in whose interests a claim has been filed by a prosecutor, a state body, an organization or another person, has refused the claim and the rights, freedoms and legitimate interests of third parties are not affected.;
10) the plaintiff has not complied with the pretrial procedure of dispute settlement with the defendant, when it is stipulated by law or contract;
101) the plaintiff has not complied with the procedure of dispute settlement with the conduction of the mediation procedure with the defendant, when it is stipulated by law for this category of disputes or the contract;
102) the parties, who applied for the mediation procedure did not appear at the court session without valid reasons upon expiration of the term of mediation procedure;
103) a mediation agreement has been concluded between the parties;
11) an application for recognition of property (item) as ownerless has been filed prior to the term established by law or in violation of the procedure provided by law for detection and considering of property (item) as ownerless.
Article 123. Procedure and implications of leaving the claim undecided
The court shall issue a ruling to leave the application without consideration. In the ruling, the court is obliged to indicate how to eliminate the circumstances listed in Items 2, 5, 6, 7, 8, 10, 101 and 11 of Article 122 of this Code that hinder the consideration of the case.
While leaving the claim undecided on the grounds stipulated by Items 1, 3, 4 and 103 of Article 122 of this Code, the court shall specify in the ruling the return of State duty and the cancellation of measures taken to secure the suit.
A special complaint (protest) may be filed against the court's ruling to leave the claim undecided on the grounds stipulated by Items 5, 6, 7 and 102 of Article 122 of this Code.
After elimination of the circumstances that served as the ground for leaving the claim undecided, the interested person shall be entitled to apply to the court again under a standard procedure.
Chapter 12. Termination of proceedings on the case
Article 124. Grounds for termination of proceedings on the case
The court shall terminate the proceedings on the case, if:
1) the case is not within the jurisdiction of the civil court, economic court or administrative court.
2) there is a decision or ruling of a civil court, an economic court, an administrative court, or a competent foreign court that has entered into legal force on the acceptance of the plaintiff's waiver of the asserted claims or on approval of the parties' amicable agreement, made on a dispute between the same parties, on the same subject, and on the same grounds;
3) the plaintiff waived the asserted claims and the waiver was accepted by the court;
4) the parties concluded an amicable agreement and it was approved by the court;
5) there is a decision of the arbitration court made on a dispute between the same parties, on the same subject, and on the same grounds, except for the cases when the court dismissed the issuance of a writ of execution for enforcement of a decision of an arbitration court;
5¹) if there is an issue of a writ of execution by the court for the compulsory enforcement of a mediation agreement concluded in respect of a dispute between the same parties, on the same subject matter, and on the same grounds;
6) after the death of a citizen who was one of the parties in the case, the disputed legal relationship does not allow legal succession;
7) the organization acting as a party in the case is liquidated.
Article 125. Procedure for termination of proceedings on the case
Proceedings on the case shall be terminated by a court ruling. If the proceedings are terminated due to the fact that the case is not within the jurisdiction of the court, the court shall be obliged to indicate a body to which the claimant should apply.
A private complaint (or protest) may be filed against the court ruling on the termination of proceedings.
Article 126. Implications of termination of proceedings on the case
In the event of termination of proceedings on the case, secondary recourse to a court on a dispute between the same parties, on the same subject, and on the same grounds shall not be allowed.
Chapter 13. Court costs
Article 127. Types of court costs
Court costs shall consist of the State duty and costs related to the consideration of the case.
Article 128. State duty
The grounds and procedure for payment of state duty, its exemption from payment, and the procedure for refund of state duty shall be established by law.
Article 129. Value of suit
The value of suit shall be determined for suits as follows:
1) on the recovery of money — as per amount to be recovered;
2) on reclamation of property — by the value of the property being reclaimed;
3) on suits consisting of several separate claims — by the total amount of all claims;
4) on alimony recovery — the aggregate amount of payments for one year;
5) on urgent payments and issuances — by the aggregate amount of all payments or issuances, but not more than for three years;
6) on termless or lifetime payments and issuances — by the aggregate amount of payments or issuances for three years;
7) on decrease or increase of payments or issuances — by the sum by which payments or issuances decrease or increase, but not more than for one year;
8) on termination of payments and issuances — by the aggregate amount of all remaining payments or issuances, but not more than for one year;
9) on early termination of the property lease — by the aggregate amount of payments for the property use during the remaining term of the contract, but not more than for three years;
10) on the ownership right for the buildings owned by citizens on the right of private ownership — by the market value of the building, but not lower than the cadastral value or — in the absence thereof — not lower than the value under the mandatory insurance, while for buildings owned by organizations — not lower than the actual valuation of the building.
Article 130. Procedure for setting the value of the suit
The value of the suit shall be specified by the plaintiff. In case of apparent discrepancy of the specified value with the actual cost of the reclaimed property the value of the suit shall be determined by the judge.
In the event of difficulty in determining the value of the suit at the moment of filing it, the amount of the State duty shall be preliminary determined by the judge with subsequent recovery of the underpaid or return of the overpaid State duty in accordance with the value of the suit established by the court in the course of resolving the case.
Article 131. Calculation of the State duty when the value of the suit changes
In case of plaintiff's decrease of his/her claims, waiver of his/her asserted claims, or termination of the case by amicable agreement of the parties, the State duty paid shall not be returned.
If the claims are increased, the deficit sum shall be paid in line with the increased value of the suit.
Article 132. Costs related to the hearing of the case
The following shall apply to the costs related to the hearing of the case:
1) Amounts payable to witnesses, experts, specialists, and interpreters;
2) Costs related to the on-site inspection;
3) Costs related to the search of defendant in cases stipulated by Article 165 of this Code;
31) Postal costs related to the issuance of court notices and judicial acts;
4) Costs related to holding a court hearing via videoconferencing;
5) Other necessary costs accepted by the court.
The amount of postage is determined by the court, but this amount should not exceed one-tenth of the basic calculation amount and should be credited to the court's deposit account.
The sum of costs related to the holding of a court hearing by videoconferencing shall be determined by the court and charged from the persons participating in the case, based on the results of consideration of the case in accordance with this Code.
Article 133. Deferral of payment or payment in installments of the court expenses and reduction of their amount
Deferral of the payment of the State duty shall be granted in cases stipulated by the legislation.
Proceeding from the property status of the parties, the court may defer or permit to one or both parties the payment in installments of court costs charged to the State revenue, as well as reduce the amount of these costs.
Article 134. Payment of amounts due to experts, specialists, witnesses, and interpreters and retention of their average earnings
The amounts due to experts, specialists, witnesses, and interpreters shall be paid by the court upon the performance of their duties.
Experts and specialists shall be remunerated for the work they performed on behalf of the court, if this work is not within the scope of their official duties.
The employees specified in part one of this Article shall be retained the average salary at the place of work in line with the procedure established by legislation for the period of their absence in connection with their appearance in court.
Witnesses who are not in an employment relationship shall be compensated for being abstracted from regular employment on the basis of the actual time spent and the established basic calculation value.
The procedure for payment and the amounts due shall be established by legislation.
Article 135. Procedure for depositing funds to cover court costs
The amounts payable to witnesses, experts, specialists, and interpreters, or those required to cover the costs of on-site inspection shall be paid in advance to the court's deposit account by the party submitted the respective petition. If the said petition is claimed by both parties or if witnesses, experts, specialists, interpreters are summoned or the on-site inspection is carried out upon court's initiative, the required amounts shall be paid by the parties equally. If the expert examination is commissioned upon court's initiative, the amount payable may be paid to the expert by the court from the deposit account. This amount shall be charged from the persons participating in the case, in accordance with this Code, through the transfer to the deposit account of the court when the judicial act is issued.
Article 136. Reimbursement of expenses for the representative's aid payment
The court shall award a party in favor of which the judgment was made the expenses from other party for the payment for the representative's aid within reasonable limits.
If in accordance with the established procedure the aid of a lawyer was provided free of charge to the party in favor of which the judgment was made, the said amount shall be charged from the other party in favor of the lawyer's bureau (bar, firm).
Article 137. Recovery of compensation for lost time
The party which has asserted in bad faith an unfounded claim or dispute against the claim or has systematically resisted on a correct and timely consideration and resolution of the case shall be obligated by the court to pay compensation in favor of the other party for the actual loss of time. The amount of compensation shall be determined by the court within reasonable limits.
Article 138. Apportionment of court costs between the parties
To the party in favor of which the decision was rendered, the court shall award from the other party all court costs incurred in the case, even if this party was exempted from paying court costs to the State revenue.
If the asserted claims are satisfied partially, the sums specified in this Article shall be awarded to the plaintiff in proportion to the amount of the claims satisfied by the court, and to the defendant — in proportion to the part of the asserted claims in which the plaintiff's claims were dismissed.
If the defendant voluntarily meets the claims of the plaintiff after the latter applied to the court, the court costs shall be assigned to the defendant.
If the plaintiff has validly claimed a penalty, but its amount has been reduced by the court, the court costs shall be assigned to the defendant proceeding from a sum of the penalty that would have been subject to recovery without taking into account its reduction.
In case of dismissal either in full or in part of the claims, presented by the State bodies and other authorities exempted from State duty, as well as the organizations in the interests of legal entities and citizens, the State duty shall be charged from the persons, in the interests of whom the claim is filed, in proportion to the part of the asserted claims in which the claims were dismissed.
If the higher instance court changes the existing decision or makes a new decision without transferring the case for a new trial, it shall change the apportionment of court costs accordingly.
The provisions set forth in this Article shall also apply to the state duty paid by the parties when filing appellate, cassation, and supervisory complaints.
Article 139. Apportionment of court costs in the events of waiver of asserted claims and amicable agreement
If the plaintiff waives the asserted claims, the costs incurred by the him/her shall not be reimbursed by defendant.
If the parties have not provided for the procedure for apportionment of court costs in the amicable agreement, the court shall resolve this issue when approving the amicable agreement with respect to Articles 136, 138 and 141 of this Code.
Article 140. Reimbursement of court costs to the parties
When the asserted claims of the public prosecutor, as well as State administration bodies, organizations, and citizens who have applied in court for protection of the rights and legally protected interests of other persons are dismissed either in full or in part, the court costs incurred by the defendant shall be reimbursed to the defendant from the budget in full or in proportion to the part of the asserted claims in which the plaintiff's claims were dismissed.
In case of dismissal of claims against the defendant, sued by the court in the manner prescribed by Article 46 of this Code, the court costs incurred by him/her shall be reimbursed from the budget.
If the claim to release a property from arrest is met, the costs incurred by the plaintiff shall be reimbursed to the plaintiff from the budget funds.
Article 141. Reimbursement of court costs to the State
The costs incurred by the court in connection with the consideration of the case, as well as the State duty, from the payment of which the plaintiff was released shall be charged from the defendant to the State revenue in proportion to the met part of the asserted claims.
In case of dismissal of the asserted claims, the costs incurred by the court in connection with the consideration of the case shall be charged from the plaintiff to the State revenue.
If the asserted claims are met partially and the defendant is exempted from paying the court costs, the costs incurred by the court in connection with the consideration of the case shall be credited to the State revenue from the plaintiff not exempted from the paying the court costs, in proportion to the dismissed part of the claims.
If both parties are exempted from paying the court costs, the expenses incurred by the court in connection with the consideration of the case shall be attributed to the State.
If the defendant was put in the wanted list in accordance with the procedure stipulated by Article 165 of this Code, the court shall recover from him/her the costs of the search to the State revenue.
Article 142. Appealing the rulings on issues related to court costs
A special complaint (protest) may be filed against court rulings on issues related to court costs.
Chapter 14. Measures of procedural coercion
Article 143. Types of measures of procedural coercion
The following shall relate to measures of procedural coercion
1) Attachment, in cases stipulated by this Code;
2) Caution;
3) Expelling from the courtroom;
4) Court fine.
Application of measures of procedural coercion to the person shall not exempt him/her from executing relevant obligations established by this Code or the court.
Article 144. Attachment
If a duly notified person — whose participation in the court proceedings is obligatory in line with Article 313 of this Code or his/her appearance is recognized by the court as obligatory — did not appear in court in cases stipulated by this Code without valid reasons or did not notify of the reasons for the failure to appear, the court may render a ruling on the application of the attachment measure. The execution of this ruling shall be the responsibility of the territorial internal affairs body. The costs for the attachment shall be recovered on the basis of the relevant application made by this territorial internal affairs body in the manner prescribed by this Code.
Attachment measure may not be applied to minors, pregnant women, and persons unable to appear in court due to illness, age or other valid reasons.
The court ruling on the attachment of a person — in addition to the information stipulated by Article 272 of this Code — shall specify the date, time and place to which the person is to be forcibly brought, as well as a territorial internal affairs body which is tasked with execution of attachment.
The court ruling on the attachment shall be subject to immediate enforcement and transferred to the territorial internal affairs body at the place of proceedings or place of residence, place of stay (location), place of work, service, or education of the person subject to attachment.
Appealing (protesting) of the court ruling on the attachment shall not suspend its execution.
Article 145. Caution and expelling from the courtroom
The presiding judge shall caution on behalf of the court a person who violates the order during the proceedings.
If a party or a third party violates the order in the court session, the court shall expel the offender from the courtroom for the whole duration of the court session or for a part thereof. In the latter case, the presiding judge shall make the person newly admitted to the courtroom aware of the procedural actions taken in his/her absence. If both parties and third parties violate the order of the court session, the court may postpone the trial of the case.
In case of repeated violation of order, the persons participating in the case, witnesses, experts, specialists, and interpreters may be expelled from the courtroom by the court's ruling, while the citizens present during the proceedings may be expelled from the courtroom by order of the presiding judge. In the event of a mass violation of order by citizens, the court may postpone the trial of the case.
A caution shall be given if prosecutor or lawyer disobey the orders of the presiding judge. In the event of further disobeying the orders of the presiding judge by the persons specified, the court may rule on postponing the hearing on the case if it seems not possible to replace the person in question without prejudice to the case. At the same time, the court shall render a special ruling, which shall be sent respectively to a higher public prosecutor or to the Qualification Commission under the territorial branch of the Chamber of Lawyers of the Republic of Uzbekistan.
Article 146. Procedure for imposition of court fines
Court fines shall be imposed by the court in cases stipulated by this Code.
A ruling shall be rendered on the imposition of a court fine, a copy of which shall be immediately sent to the person on whom the fine is imposed.
The amount of the court fine imposed by the court shall not exceed five times the amount of the basic calculation.
Article 147. Recovery of a court fine
Court fines shall be recovered to the State revenue.
Court fines imposed by the court on officials shall be recovered from their personal funds.
Article 148. Remission of a fine or reduction of its amount
Within five days after receiving a copy of the court's ruling, the person on whom the fine is imposed may request the court that imposed the fine to release from a fine or reduce its amount. This application shall be considered in the court session with notifying the person on whom the fine is imposed. However, the non-appearance of this person shall not be an obstacle for consideration of the application.
Article 149. Appealing (protesting) of the court fine
A special complaint (protest) may be filed against the ruling to impose a court fine, to dismiss the remission of a fine, or to reduce its amount.
Article 150. Institution of administrative action
An administrative action may be instituted by the court against a person who has violated the order in a court session or has shown other contempt of court.
A contempt of court is manifested in malicious evasion from appearing in court of a witness, plaintiff, defendant, or other persons participating in the case, or in disobedience of the specified persons and other citizens to the order of the presiding judge, or in violation of order during the court session.
The judge (the bench) shall notify the offender of the establishment of the fact of a contempt of court directly in the court session, where this offense was committed, and immediately without court's leaving for a separate room (consultation room). This fact shall be recorded in the record of the court session. No protocol on an administrative offence is drawn up.
The person in respect of whom the fact of contempt of court is established, as well as other persons participating in the case, shall have the right to give their explanations.
The ruling on the administrative offence shall be drawn up by the presiding judge after the end of the court session on the case in a separate room (consultation room) and signed by the judge (the bench).
In case if direct contempt of court has been shown and the offender left the courtroom; in case if consequential contempt has been shown; as well as in case if an evasion from appearing in the court session has been established, the protocol on the offense shall be drawn up by the judge assistant (senior assistant) or other court worker upon oral order of the President Judge or the judge presiding in the court session, which shall be specified in the protocol on the offense.
The protocol on an offence in cases stipulated by part 6 of this Article shall be considered by the same court in line with the procedure established by the Administrative Liability Code of the Republic of Uzbekistan.
Chapter 15. Procedural time limits
Article 151. Time limits for procedural actions
Procedural actions shall be carried out within the time limits established by law.
In cases where procedural time limits are not established by law, they shall be set by court.
The time limits for performing procedural actions shall be determined by a calendar date, an indication of an event that must necessarily occur, or a period of time. In the latter case, the action may be performed during the entire period.
Article 152. Calculation of procedural time limits
The procedural time limits shall be calculated in years, months, and days. Running of the time period shall begin on the day following the calendar date or occurrence of the event that defines its beginning.
The time limits, calculated in years shall expire in the corresponding month and date of the last year of the time limit.
The time limits, calculated in months shall expire in the corresponding month and date of the last month of the time limit.
If the expiration of the time limit calculated in months falls on a month that has no corresponding date, then the time limit shall expire on the last day of that month. In cases where the last day of this time limit falls on a non-working day, the next first working day following it shall be considered as the day of expiration of the time limit.
The procedural action, for the performance of which the time limit is set may be performed by up to 24:00 on the last day of the time limit.
If a procedural action is to be executed in court, the time limit shall be considered to have expired in those hours when — according to the established rules — the work ends in court.
The deadline shall not be considered missed, if the application, complaint, documents, or sums have been submitted to the communication organization, sent electronically through an information system, or transferred to the relevant authority, or to the person authorized to accept them, up to 24:00 of the last day of the time limit.
Article 153. Implications of omission of procedural time limits
The right to perform procedural actions shall be lost upon the expiration of the time limit established by law or set by court. Expiration of procedural time limits in this event shall not release these persons from the performance of their duties.
Claims, complaints, and documents submitted after the expiration of procedural time limits shall be returned to the persons by whom they were submitted if there is no motion to restore missed time limits or if the latter was dismissed.
Article 154. Suspension of procedural time limits
All pending procedural time limits shall be suspended with the suspension of the proceedings on the case. Suspension of the time limits shall begin from the time of occurrence of the circumstances that served as the ground for the suspension of the proceedings. The procedural time limits shall continue from the date of resumption of proceedings on the case.
Article 155. Extension and restoration of procedural time limits
The deadlines set by the court (judge) may be extended by the court (judge).
If a party to the proceedings misses a statutory deadline for valid reasons recognized as excusable by the court (judge), such deadline shall be restored.
A motion to restore a missed procedural time limit shall be filed with the court, in which the procedural action was to be performed or in which the document should have been submitted, and shall be considered in a court session with notification of the persons participating in the case. However, the non-appearance of these persons shall not be an obstacle for consideration of the application.
Simultaneously with submission of the motion on restoration of the procedural time limits, the action or the document in respect of which the time limit is missed shall respectively be made or submitted.
A ruling shall be made on extension or restoration of the missed procedural time limits, or dismissal of their extension.
A special complaint (protest) may be filed against the court's ruling on dismissal of extension or restoration of the missed procedural time limit.
Chapter 16. Court notices and summons
Article 156. Court notices and summons
Persons participating in the case, as well as experts, specialists, interpreters, and witnesses shall be summoned to court and notified of certain procedural actions of the court by summons, and where necessary — by registered letters, telegrams, telephoned telegrams, and other means of communication that ensure the recording of the fact of notification.
Simultaneously with the summons, the judge shall send to the defendant a copy of the Statement of claim (application) and copies of documents attached to it.
When sending the summons to the person who applied to the court, the judge shall send a copy of the written explanation of the defendant, provided that it was received by the court.
Court notices and summons shall be attached to the case file.
Article 157. Contents of the court summons
A summons to appear in court shall contain:
1) Name/title, address, telephone number and e-mail address of the court;
2) Indication of the place and time of appearance;
3) Title of the case, on which the summons is issued;
4) Indication of a status in which the person is summoned;
5) Proposal to persons participating in the case to present all the evidence they have on the case;
6) Indication of the obligation of the person who has accepted the summons due to the absence of the addressee to hand it over to the addressee at the earliest opportunity;
7) Indication of the consequences of failure to appear stipulated under Articles 220, 221, and 222 of this Code.
The summons sent as an electronic document shall contain the information listed in items 1 — 5 and 7 of part one of this Article.
Article 158. Deadlines for serving a summons or other notice
Summons or other notice for persons participating in the case and other participants in the court proceedings shall be served or delivered in such a way that they have sufficient time to appear in court and prepare for the case in a timely manner.
Article 159. Delivery of a summons or other notice
The summons or other notice shall be delivered to the summoned person at the address specified by the party or other person participating in the case. If the citizen actually does not stay at the address reported to the court, the court summons or other notice may be sent to the place of his/her work or study.
The summons or other notice shall be delivered through the communication organizations with the return receipt on delivery, or through courier.
The assistant judge (senior assistant) may, with the consent of a person participating in the case, issue a summons or other notice to be served on another person summoned on the case.
The person charged with delivering the summons or other notice shall be obliged to return to the court the second copy with the addressee's receipt of the summons or other notice.
The summons or other notice may be sent in the form of an electronic document, if the person participating in the case specifies an e-mail address.
Article 160. Service of summons or other notice
A summons or other notice to a citizen shall be served personally against a receipt on the second copy to be returned to the court with indication of the time of service.
The court summons or other notice addressed to the organization shall be handed over to the relevant official, who shall sign its second copy.
If the person delivering the summons or other notice will not catch the citizen summoned in court on the case in a place of his/her residence or work or study, the summons or other notice shall be handed over to any of the adult family members living together with him/her, and in their absence — to a citizens' self-governance body, or the employer (the official of administration), or the educational institution. In the above cases, a person who has accepted a court summons or other notice shall indicate on the second copy his/her surname, name, patronymic and type of relationship with the addressee (spouse, father, mother, son, daughter, etc.) or his/her position. A person who has accepted a court summons or other notice shall be obliged to hand it over to the addressee without delay at the earliest opportunity.
In the event of the addressee's temporary departure, the citizens' self-governance body or employer (an official of the administration) or the educational institution shall indicate on the second copy of the summons or other notice the information on the departure of the addressee and the time when his/her return is expected, which shall be confirmed and certified by signature and seal, respectively.
Article 161. Consequences of waiver of acceptance of the court summons or other notice
If the addressee waives the acceptance of summons or other notice, the person who delivered it shall make a corresponding note on the summons or other notice, which shall be returned to the court. A note on the addressee's waiver of acceptance of court summons or other notice shall be certified by the citizens' self-governance body or the addressee's employer (an official of the administration) or the educational institution, or by the signatures of at least two citizens.
The addressee's waiver of acceptance of court summons or other notice or the non-appearance of a person notified electronically through an information system without valid reasons shall not be an obstacle to the trial of the case.
Article 162. Proper notification
Persons participating in a case shall be deemed to have been duly notified in cases of receiving a court summons or other notice personally or by one of the adult members of their family, or by another person residing at the indicated address, as well as in cases of receiving by the court of a report confirming the delivery of a text message to an e-mail address or by other means of communication ensuring the recording of the notice, unless it is proved that such notification has not arrived or has arrived later.
A court summons or other notice shall also be deemed delivered if the addressee waives the receipt of court summons or other notice, if such waiver is fixed.
Article 163. Change of surname, name, patronymic, or change of address during the proceedings on the case
Persons participating in the case shall be obliged to inform the court about the change of their surname, name, patronymic, change of address during the proceedings. In the absence of such a notification, a summons or other notice shall be sent to the last address known to the court and shall be deemed delivered, even if the addressee no longer resides or stays at that address.
If persons participating in the case have provided the court with telephone and fax numbers and e-mail address, they shall inform the court of their change during the proceedings.
Article 164. Unknown place of residence of the defendant
If the actual place of stay of the defendant is unknown, the court shall start the proceedings upon receipt by the court of the second copy of the court summons, or other notice with the inscription of the communication organization, the citizens' self-government body in the last place of residence of the defendant, or the employer (official of the administration) of the last place of his/her work that these bodies or organizations received a court summons or other notice that it is impossible to hand over to the addressee because of the unknown place of his/her stay.
Article 165. Search for the defendant (debtor)
If the actual place of stay of the defendant (debtor) in claims for alimony recovery and compensation for damage caused by injury or other health damage, as well as the death of the breadwinner, the search for the defendant (debtor) shall be mandatory. In these cases, the court shall render a ruling on the search for the defendant (debtor) by the internal affairs bodies.
Chapter 17 Reconciliation procedures
Article 166. Conclusion of an amicable agreement or a mediation agreement
The court shall take measures to reconcile the parties and assist them in settling the dispute at all stages of civil proceedings.
The parties may settle a dispute in full, or in part, by concluding an amicable agreement or a mediation agreement.
An amicable agreement or a mediation agreement may be entered into in any actionable case.
The parties can conclude an amicable agreement at any stage of civil proceedings and in the process of execution of a judicial act, while a mediation agreement — in the court of first instance before the court leaves to a separate (consultation) room for adoption of a judicial act.
An amicable agreement or a mediation agreement shall be concluded in written form and signed by the persons who concluded the amicable agreement or the mediation agreement, or by their representatives.
The amicable agreement shall be considered concluded after its approval by the court.
Article 167. Content of the amicable agreement
The amicable agreement shall contain conditions agreed upon by the parties, specifying the period and procedure for its execution.
Performance of obligations assumed by the parties under the conditions of the amicable agreement may not be put in dependence on each other or on other events (actions).
The amicable agreement may contain conditions on deferral or installment of obligations by the defendant, assignment of claim, full or partial forgiveness or recognition of debt, apportionment of court costs, and other conditions not contravening the law.
If an amicable agreement does not contain a term on apportionment of court costs, the court shall resolve this issue when approving the amicable agreement in line with the procedure established by this Code.
The amicable agreement shall be made and signed in the number of copies exceeding by one the number of persons, who concluded it. One of these copies shall be attached to the files of the case.
Article 168. Consideration of approval of the amicable agreement
The issue of approval of the amicable agreement shall be considered in a court session with obligatory participation of the parties, except for cases when such agreement is certified by a notary. Persons participating in the case shall be notified of the time and place of the court session.
The ruling on the approval of the amicable agreement shall be rendered, which indicates the termination of proceedings on the case.
If a settlement agreement is approved by the appellate, cassation, or supervisory instance court, a ruling shall be issued to annul all previously adopted judicial acts in the case and to terminate the proceedings.
If an amicable agreement is concluded at the stage of execution of a judicial act, it shall be submitted for approval to the court of first instance that considered the case.
The issue of approval of the amicable agreement concluded at the stage of execution of the judicial act shall be considered within a ten-day period from the date of its submission to the court according to the rules stipulated by part one of this Article.
The ruling on approval of the amicable agreement concluded at the stage of execution of the judicial act shall contain the conditions of the amicable agreement and the conclusion on approval of the amicable agreement.
The ruling on approval of the amicable agreement may be appealed (protested).
The amicable agreement shall be executed voluntarily by the persons who concluded it and in line with the procedure and within the time limits stipulated by that agreement.
If the amicable agreement approved by the court is not executed voluntarily within the time limits stipulated by this agreement, it shall be subject to enforcement under the rules of this Code on the basis of a writ of execution issued by the court at the request of the person who concluded the amicable agreement, and in part related to recovery of court costs — upon court's initiative.
Article 169. Dismissal of the amicable agreement
The court shall deny the approval of an amicable agreement, if its terms:
Contravene the law;
Affect the rights and legitimate interests of third parties.
A ruling shall be made on the dismissal of the amicable agreement, which may be appealed (protested).
SECTION II. PROCEEDINGS BEFORE THE COURT OF FIRST INSTANCE
Sub-section 1. Writ proceedings
Chapter 18. Judicial order (writ)
Article 170. General provisions on a judicial order
A judicial order shall represent a court act issued on the basis of indisputable demands without a trial.
A judicial order shall have the force of a writ of execution. Recovery on it shall be executed upon the expiration of the ten-day period after the issuance of the order and in line with the procedure established for the execution of the judicial acts.
Judicial orders on awarding alimony and awarding salary to an employee, but not more than for three months shall be executed immediately.
Article 171. Demands on which a judicial order is issued
A judicial order shall be issued if:
1) the demand is based on a notarized transaction;
2) the demand is based on a written transaction and recognized by the debtor;
3) the claim is asserted to recover the debt on payment for public utilities or communication services based on supporting documents;
4) the claim is asserted to recover the alimony for minor children, not related to the establishment of paternity or the need to involve third parties;
5) the claim is asserted to recover the accrued but unpaid wages and equivalent payments to the employee;
6) the claim is asserted to recover tax arrears and other mandatory payments from citizens;
7) the claim is asserted to recover rent payments due to a failure to pay them within the period specified in the lease agreement;
8) a claim has been filed against the owners of the premises of an apartment house for the collection of mandatory fees and charges;
9) the claim is asserted for foreclosure on movable property, which is a security for the execution of obligations of the debtor, in the presence of a written transaction.
Article 172. Form and content of application for issuance of judicial order
The application for issuance of a judicial order shall be submitted to the court under general rules of competence established in Chapter 5 of this Code.
The application for issuance of a judicial order shall be submitted in writing, including in the form of an electronic document through an information system. The following shall be specified in the application:
1) Title of the court where the application is filed;
2) Surname, name, patronymic (title) of the recoverer, his/her residence or location (postal address) and details of the legal entity;
3) Surname, name, patronymic (title) of the debtor, his/her residence or location (postal address) and details of the legal entity;
4) Recoverer's claim and the circumstances on which it is based;
5) Period for which the debt to be recovered was formed;
51) Calculation of the amount of unpaid payments and description of the movable property that serves as a security for the obligations of the debtor, which is subject to foreclosure;
6) List of attached documents confirming the asserted claim.
The application for issuance of a judicial order may contain telephone and fax numbers, e-mail address of the recoverer or his/her representative.
In case of reclamation of movable property, the application shall specify the value of this property.
The application for issuance of a judicial order shall be signed by the recoverer or his/her representative. The document certifying his/her powers shall be attached to the application filed by the representative.
Article 173. Documents attached to application for issuance of judicial order
The documents confirming the following shall be attached to the application for issuance of judicial order:
1) Payment of the State duty and postal costs in the established order and amount;
2) Information on compliance with the pretrial procedure of legal relations settlement, where stipulated by law or contract;
3) Circumstances on which the claim is based;
4) The asserted claim.
In addition to the documents specified in the first part of this Article, the following copies must also be attached to the application for issuing a court order on the recovery of debt for consumed electric power or natural gas:
1) a copy of the contract concluded with the consumer;
2) a copy of the demand for payment indicating the warning about the calculation of the penalty and disconnection from the relevant energy supply networks, as well as a document confirming that this demand was sent to the consumer;
3) a document confirming that the consumer has been disconnected from the relevant energy supply networks.
When a claim is submitted to issue a court order for the recovery of mandatory fees and payments from the owners of premises in a multi-apartment building, the following shall also be attached to the application:
1) a copy of the decision of the general meeting of the owners of premises in the multi-apartment building on the method of managing the building;
2) if the management of the multi-apartment building is carried out on the basis of a contract by the management body — a copy of the management contract of the multi-apartment building;
3) a debt calculation indicating the period during which the debt was incurred;
4) information confirming that the demand for debt repayment was delivered to the debtor.
Article 174. State duty
A State duty shall be levied on an application for issuance of a judicial order in the procedure and amount established by the legislation on claim proceedings.
Should the acceptance of an application on issuance of a judicial order be denied, the State duty paid by the recoverer shall be returned.
In case of cancellation of the judicial order, the State duty paid by the recoverer shall not be refunded. When the recoverer files a claim against the debtor under a procedure of claim proceedings, it shall be set off against the payable State duty.
Article 175. Grounds for denial of the petition for a judicial order
The judge shall deny a petition for the issuance of a judicial order on the grounds stipulated by Article 194 of this Code. The judge shall deny acceptance of the petition also in cases when:
1) the asserted claim is not stipulated by Article 171 of this Code;
2) the debtor is outside the jurisdiction of the courts of the Republic of Uzbekistan;
3) a dispute on the right is observed.
The judge shall render a ruling on denial of the petition within three days from the date of receipt of the petition in the court.
The denial of the petition shall not prevent the recoverer's possibility to file a claim on the same claim under a procedure of claim proceedings.
Article 176. Return of petition for issuance of judicial order
The judge shall return the petition for issuance of judicial order in cases when:
1) Petition is filed without observing the requirements established by Article 172 of this Code;
2) Documents stipulated by Article 173 of this Code are not attached;
3) Documents confirming the asserted claim are not presented;
4) The document confirming the payment of the State duty has not been presented, or — in cases when the law provides for the possibility to defer the payment of the State duty — no motion was filed thereon or it has been denied;
5) Recoverer has filed a claim on returning the claim for the issuance of a judicial order prior to the issuance of that judicial order.
The ruling on the return of the claim for issuance of the judicial order shall be rendered by the judge not later than within three days from the date of receipt of the claim in the court.
Return of the claim for the issuance of the judicial order shall not prevent the second recourse to a court once the admitted violations are eliminated.
Article 177. Procedure and time limits of issuing a judicial order
A judicial order on the merits of the asserted claim shall be issued by a judge within three days from the date of receipt of the application by the court.
A judicial order shall be issued by a judge in person without any court trial, summoning the recoverer and the debtor, or hearing their explanations.
The judicial order shall be signed by the judge.
If no objection from debtor is received by the court within the established time limits, the judge shall issue a copy of the order certified by the court seal to the recoverer for its further presentation for execution.
At the request of the recoverer the judicial order may be sent for execution directly by the court.
To recover the State duty from the debtor, a separate copy of the judicial order certified by the seal of the court shall be sent for execution directly by the court.
Article 178. Contents of the judicial order
The following shall be specified in the judicial order:
1) Case number number and date of issuance of the order;
2) Title of the court, surname and initials of the judge who issued the order;
3) Surname, name, patronymic (title), place of residence or location (postal address) of the recoverer;
4) surname, first name, patronymic (name), place of residence or location (postal address) of the debtor, personal identification number of the debtor — an individual (details of other identity documents of individuals who are not citizens of the Republic of Uzbekistan), as well as taxpayer identification number of the debtor — a legal entity;
5) The Law based on which the claim has been met;
6) the amount of money to be recovered or the movable property to be recovered, which is the security of the debtor's obligations, its description and value;
7) Period for which the debt to be recovered was formed;
8) Amount of penalty, if its recovery is stipulated by law or contract;
9) Amount of State duty to be collected from the debtor;
10) Time limits and procedure for objecting by debtor to the asserted claim.
In addition to the information provided in paragraphs 1 — 5, 9 and 10 of this Article, the judicial order for the recovery of alimony for minor children shall specify the following: Date and place of birth of the debtor; the name and date of birth of each child for the maintenance of which child alimony has been awarded; amount of payments to be recovered from debtor on a monthly basis; and the time limits for their recovery.
Correction of misprints and obvious arithmetic errors in a judicial order shall be carried out on the basis of a court ruling in the same manner in which the order was issued, upon the court's initiative or the claim of the recoverer or debtor.
Article 179. Sending a copy of the judicial order to the debtor
After issuing a judicial order, the court shall immediately send its copy to the debtor.
The judicial order may be sent as an electronic document confirmed by the electronic digital signature of the judge.
Article 180. Entry of a judicial order into legal force
A judicial order shall come into force upon expiration of a ten-day period after its issuance.
Article 181. Cancellation of the judicial order
Within ten days from the date of receipt of a copy of the judicial order, the debtor may send objections to the court that issued the order. In this event, the judge shall cancel the judicial order and render a ruling about it. In the ruling on cancellation of the judicial order, the judge shall clarify that the asserted claim of the recoverer may be made under a procedure of claim proceedings. A copy of the ruling on cancellation of the judicial order shall be handed over against a receipt to both recoverer and debtor not later than within three days after its issuance, or sent by regular mail, or as an electronic document.
A judicial order on recovery of alimony may be cancelled at the request of the recoverer until the end of recovery under the enforcement proceedings.
A private complaint (or protest) may be filed against the court ruling refusing to annul a court order.
Sub-section 2. Claim proceedings
Chapter 19. General provisions
Article 182. Cases, considered by the court under a procedure of claim proceedings
Cases considered by the court in the procedure of litigation include cases arising from civil, labor, family, housing and other legal relations, unless otherwise provided by law.
Article 183. Procedure for consideration of cases in claim proceedings
Cases of claim proceedings shall be considered under the general rules of civil proceedings with those exceptions and additions, which are specified in this subsection.
Article 184. Involvement of third parties in reinstatement cases
In cases on reinstatement of the workers with whom the employment contract has been unlawfully terminated, or the workers unlawfully transferred to another job, the court shall be obliged to subpoena at its own initiative the official — as the third party on the defendant's side — who issued an order to terminate the employment contract or transfer to another job.
If the court finds that the termination of the employment contract or transfer to another job was made in clear violation of the law, in the same process the guilty official is obliged to compensate the organization for damages caused by compulsory prog or low-paid work. In such cases, the amount of the fee to be collected from the official shall be determined by the labor legislation.
Article 185. Disputes not to be considered in conjunction with a case on dissolution of marriage
The claim on division of property of spouses shall not be subject to consideration simultaneously with the case on dissolution of marriage, if the involvement of third parties in the case is necessary for correct resolution of this dispute.
Article 186. Defendant's appearance in court in cases on recovery of alimony
In cases on recovery of alimony, the court may recognize the defendant's appearance in court as mandatory. In this event, if the defendant fails to appear at the court hearing for reasons recognized by court invalid, he/she shall be subject to compulsory attachment and a fine under the procedure established by Article 146 of this Code.
Article 187. Recovery of alimony before a decision is made
When considering cases on the recovery of alimony, the court, if necessary, prior to the resolution of the case on its merits, taking into account the material situation of the parties, shall have the right to render a ruling on the amounts to be temporarily paid by one of the spouses for the maintenance to the other spouse; on identifying the spouse and the amounts of funds he/she should temporarily provide for the maintenance and upbringing of children; as well as the which of the children should temporarily provide funds for the maintenance of their parents and in what amount.
The court ruling shall be executed immediately.
Chapter 20. Institution of the case
Article 188. Filing the application
Cases shall be instituted in court by filing an application in writing, including by regular mail or as an electronic document.
Article 189. Contents of the application
The following shall be specified in the application:
1) Title of the court where the application is filed;
2) Surname, name, patronymic of the plaintiff and his/her place of residence, and if the plaintiff is an organization — its title, location (postal address) and details, as well as surname, name, patronymic of the representative and his/her address, if the application is filed by the representative;
3) Surname, name, patronymic of the defendant, his/her place of residence, and if the defendant is an organization — its title, location (postal address) and details;
4) Plaintiff's claim;
5) Value of suit, if the suit is subject to evaluation;
6) Circumstances on which the plaintiff bases his/her claim and the evidence supporting the circumstances stated by the plaintiff;
7) Information on compliance with the pretrial procedure of dispute settlement with the defendant, where stipulated by law or contract;
8) List of documents attached to the application.
The application shall be signed by the plaintiff or his/her representative. If the application is filed by a representative, it shall be accompanied by a Power of Attorney or other document certifying his/her authority.
In addition to the information listed in this Article, an application filed by prosecutor, State administration bodies, organizations or individuals to protect the interests of other persons shall contain surname, name, patronymic (title) of the person in whose interests the application has been filed, as well as his/her address.
The application may include telephone and fax numbers, e-mail address of the plaintiff or his/her representative, as well as those of the other party.
Indication of the e-mail address in the application shall mean the claimant's consent to receive court summons and other notices, copies of court decisions and rulings in the form of an electronic document.
Article 190. Copies of application and documents attached to it
The application shall be filed with the court with copies according to the number of defendants, except for the application sent as an electronic document.
Depending on the complexity and nature of the case, the judge may oblige the plaintiff to submit copies of the documents attached to the application according to the number of defendants.
Article 191. Documents to be attached to the application
The documents confirming the following shall be attached to the application:
1) Circumstances on which the asserted claim is based;
2) Compliance with the pretrial procedure of dispute settlement with the defendant, where stipulated by law or contract;
3) Payment of the State duty and postal costs in the established order and amount;
4) Authority to sign the application if it is signed by the representative.
Article 192. Resolution of the issue on committal of application for trial
The judge shall resolve the issue of accepting the application for proceedings, refusing to accept or returning it, or transferring it to another court due to lack of jurisdiction, individually and no later than ten days from the date the application is received by the court. A ruling shall be issued on acceptance of the application for proceedings, refusal to accept it, return of the application, or its transfer to another court due to jurisdiction. A copy of the ruling on refusal to accept the application or return of the application, along with the application and attached documents, as well as a copy of the ruling on transfer of the application to another court due to jurisdiction, shall be sent to the applicant no later than the day following the issuance of the ruling.
Upon receipt of an application or case materials from an economic or administrative court under the jurisdiction of the judge, having established that the application does not meet the requirements specified in Articles 189, 190 and 191 of this Code, no later than ten days from the date of receipt of the application to the court, notifies the claimant (applicant) of the need to eliminate deficiencies and provides him with a period for this, which may not exceed ten days.
Article 193. Committal of application for trial and institution of the case
The judge shall be obliged to accept for trial the application filed in compliance with the requirements of this Code and to institute proceedings.
A judge shall have the right to commit for trial a petition filed in violation of the requirements stipulated by this Code and to institute proceedings if the petition is accompanied by relevant motions, the resolution of which is referred by law to the powers of a judge and these petitions are approved.
The conclusion of the judge on satisfying the petition for committal of the petition for trial, submitted with violation of the requirements stipulated by this Code shall be reasoned in the ruling on the committal of the petition for trial.
Article 194. Denial of the petition on committal for trial
The judge shall deny committal of the petition for trial in cases when:
1) the stated claim is not subject to the jurisdiction of the civil court, the economic court or the administrative court;
2) there is a decision or ruling of a civil court, an economic court, an administrative court, or a competent foreign court that has entered into legal force on committal of the plaintiff's waiver of the asserted claims or on approval of the parties' amicable agreement, made on a dispute between the same parties, on the same subject, and on the same grounds;
3) there is a case in the proceedings of a civil court or an arbitration court on a dispute between the same parties, concerning the same subject matter and on the same grounds;
4) there is a decision of the arbitration court — entered into legal force — made on a dispute between the same persons, on the same subject, and on the same grounds, except for the cases when the civil court has denied the issuance of a writ of execution for enforcement of a decision of an arbitration court;
5) there is a ruling on a dispute between the same persons, on the same subject and on the same grounds to terminate the arbitration proceedings, except for the case when the arbitration proceedings are terminated due to the absence of the competence of the arbitration court to consider that dispute.
5¹) if there is an issue of a writ of execution by the court for the compulsory enforcement of a mediation agreement concluded in respect of a dispute between the same parties, on the same subject matter, and on the same grounds;
The judge's denial of the petition for trial on the grounds stipulated by this Article shall prevent the second recourse to a court.
In the ruling, the judge is obliged to indicate which body the applicant should apply to if the dispute resolution falls within the competence of another state body.
A private complaint (or protest) may be filed against the court ruling on refusal to accept the application for proceedings. If the ruling is annulled, the application shall be considered as filed on the date it was initially submitted to the court.
Article 195. Return of application
The judge shall return the application and the documents attached to it, if:
1) the claim is filed by a legally incapable person;
2) the claim on behalf of the interested person is filed by a person who has no authority to handle the case;
3) this court has no competence over the case;
4) application is submitted without observing the requirements established by Article 189 of this Code;
41) the plaintiff (applicant) failed to comply with the judge's instruction provided for in part two of Article 192 of this Code within the prescribed period;
5) several claims to one or more defendants are combined in a single application, when the claims are not related to each other;
6) before the ruling on committal of the claim for trial and institution of the case was made, a claim on returning the claim was received from the claimant;
7) in the absence of a document confirming the payment of state duty and postage in the prescribed manner and amount, and in cases where the law provides for the possibility of delay in payment of state duty, if there is no request or the request is rejected;
8) an application for recognition of property (item) as ownerless has been filed prior to the term established by law or in violation of the procedure provided by law for detection and considering of property (item) as ownerless;
9) the plaintiff has not submitted documents confirming compliance with the procedure for resolving the dispute with the defendant through mediation, if this is provided by law or contract for this category of disputes.
The ruling on returning the claim may be appealed (protested). In case of cancellation of the ruling, the claim shall be considered filed on the day of initial application to court.
Return of the claim shall not prevent the repeated application to the court under a standard procedure after elimination of the admitted violations.
Article 196. Integration of several claims
The plaintiff shall be entitled to integrate several claims related to each other in a single application.
Article 197. The right of a judge to integrate similar cases
The judge, having established that there are several similar cases in the proceedings of this court, in which the same parties participate, or several cases on the applications of the same person to different defendants or several plaintiffs to the same defendant shall be entitled to merge these cases into a single proceeding for joint consideration, if such merger will lead to a timely and correct resolution of the case.
A ruling shall be rendered on merger of cases.
The time limit for consideration of merged cases shall be set based on the case instituted later.
Article 198. Disconnection of several claims into separate proceedings
The judge considering the application shall be entitled to sever one or more of the integrated claims into a separate proceeding, if he/she deems the separate consideration of claims appropriate.
When claims are made by several plaintiffs or against several defendants, the judge, who decides on the committal of application for trial and institution of the case shall have the right to sever one or more claims into a separate proceeding, if he/she finds separate consideration appropriate.
A ruling shall be rendered on severing a part of the claims into a separate proceeding.
The time limit for consideration of the case under a separate claim shall be calculated from the date the ruling is rendered.
Article 199. Counter-claiming
Defendant shall have the right to file a counterclaim with the plaintiff prior to the court decision on the case for joint consideration with the initial claim.
Filing a counterclaim shall be pursued in accordance with the general rules on filing a claim.
Article 200. Conditions for counterclaim allowance
The judge shall be obliged to accept the counterclaim, if:
1) the counterclaim is aimed at offsetting the initial claim;
2) meeting the counterclaim excludes all or part of meeting the initial claim;
3) there is a mutual relationship between the counterclaim and the initial claim and their joint consideration contributes to a faster and more proper consideration of the dispute.
Chapter 21. Preparation of civil cases for court trial
Article 201. Objectives of preparation of civil cases for court trial
After acceptance of the claim and rendering the ruling on institution of the case, the judge shall prepare the case for court trial in order to ensure timely and proper consideration and resolution of the case.
The objectives of preparation of civil cases for court trial shall be as follows:
Defining the legal relations of the parties and the law to be guided by;
Specifying the facts that justify the claims and objections of the parties, as well as other facts relevant to the proper resolution of the dispute;
Defining the range of evidence required to resolve the case and ensuring its timely presentation for the court hearing;
Resolving the issue of the possible composition of persons participating in the case;
Presentation of necessary evidence by the parties and other persons participating in the case;
Conciliation of parties.
Article 202. Time limits of preparation of civil cases for court trial
Preparation of civil cases for court trial shall be carried out not later than within ten days from the date of acceptance of the application and institution of civil case. In exceptional events under the cases of a particular complexity, except for cases on the recovery of alimony, on compensation for damage caused by injury or other health damage or death of the breadwinner, as well as on claims arising from the employment relationship this period may be extended for up to twenty days based on a reasoned ruling of the judge.
Article 203. Interviewing the parties in case preparation
If necessary, when preparing a case for court trial, the judge may interview the parties.
In so doing, the judge shall:
1) Interview the plaintiff on the merits of the claims asserted by him/her; clarify with him/her possible objections on the part of defendant; and, if necessary, invite the plaintiff to present additional evidence; as well as clarify the right to waive the asserted claims and legal implications thereof;
2) Interview the defendant about the circumstances of the case; clarify his/her objections to the claims of the plaintiff and evidence these objections can be confirmed by; as well as clarify the defendant's right to recognize the claims of the plaintiff or to make counterclaims; and invite the defendant to provide written explanations on the case in particularly complex cases. The defendant's failure to provide written explanations and evidence in case of his/her failure to appear in court shall not hinder the consideration of the case on the evidence available in the case;
3) determine the possibility of concluding a settlement agreement or mediation agreement between the parties and explain their legal consequences.
Article 204. Actions of the judge to prepare the case for court trial
The judge shall perform the following actions in order to prepare the case for court trial:
1) Resolve the issue of involving or joining the case of third parties and interview the third parties allowed to participate in the case, who make individual claims with respect to Article 203 of this Code;
2) Resolve the issue of representatives' intervention in the case;
3) Resolve the issue of prosecutor's participation in the case and involvement of the relevant State administration body in the court proceedings;
4) Resolve the issue of joining the case of co-plaintiffs, co-defendants and third parties, as well as resolve the issue of replacing the improper defendant,
5) Resolve the issue of summoning witnesses to the court session;
6) requests material, written, and digital evidence from organizations or citizens, or issues inquiries to the persons participating in the case granting the right to obtain this evidence for submission to the court;
7) Resolve — taking into account the opinion of the persons participating in the case — the issue of appointing an expert and engaging a specialist;
8) In urgent cases, carry out on-site inspection with notifying the persons participating in the case;
9) Send letters of request to other courts;
10) Explain to the persons participating in the case their procedural rights and obligations;
11) Resolve the issue of combining similar cases and disconnection of several claims into separate proceedings;
12) Resolve the issue of securing of suit and securing of evidence;
13) Take measures to reconcile the parties;
14) Resolve the issue of holding a court session by videoconferencing and explain to the persons participating in the case their right to participate in the court session.
The judge shall also perform other procedural actions to prepare the case for court trial.
Actions of the judge to prepare the case for court trial shall be formalized through the judge's ruling without summoning the persons participating in the case.
Article 205. Assignment of case for court trial
The judge, having recognized the case as sufficiently prepared, shall render a ruling on its assignment for trial in the court session and take measures to notify the parties and other participants of the court proceedings about the time and place of consideration of the case.
Article 206. Actions of the assistant (senior assistant) of judge for preparing the case for court trial
The assistant (senior assistant) of the judge shall perform the following actions by order of the judge:
1) Study the applications received by the judge and make proposals on their consideration, prepare drafts of judicial acts;
2) Take part in resolving the tasks of preparing the case for court trial, including determining the range of persons participating in the case and deciding on the issue of involving other persons;
3) Take part in the organization of the preparation and conduct of the court proceedings;
4) Organize timely consideration of applications and appeals, as well as cases, consideration of which is postponed or proceedings on which is suspended;
5) Notify the parties and other participants of the proceedings of the time and place of consideration of cases.
The assistant (senior assistant) of the judge may also perform other actions by order of the judge.
Chapter 22. Court trial
Article 207. Time limits for consideration and resolution of civil cases
Cases shall be considered and resolved by the court not later than one month from the date of completion of preparation of cases for court trial. In cases of special complexity, except for the cases specified in part two of this Article, this time limit may be extended for up to two months by reasoned ruling of the judge.
Cases concerning the recovery of alimony, compensation for damage caused by injury or other health damage or the death of the breadwinner, as well as on claims arising from the employment relationship shall be considered by the court of first instance not later than twenty days from the date of completion of the preparation of cases for the court trial.
Running of the time limit for consideration and resolution of the case — on which a counterclaim has been filed — shall be calculated from the date of completion of preparation of the case for court trial on the basic suit.
Running of the time limit for consideration and resolution of the case, separated from the main case, as well as cases, merged into a single proceeding for joint consideration shall be calculated in accordance with Articles 197 and 198 of this Code.
The time limit for consideration and resolution of the case while appealing (protesting) the court ruling in accordance with the procedure established by this Code shall be interrupted from the moment of sending the case to the court of higher instance before it is received for proceedings by the court of first instance.
Article 208. Court session
Proceedings shall be held in an open court session with mandatory notification of persons participating in the case.
Closed court sessions shall be held in cases envisaged by law, at the request of the persons participating in the case or upon court's initiative.
The open court sessions may be held in the mode of videoconferencing. Participation in a court session in a videoconferencing mode stipulated by this Code shall be equal to direct participation in a court session held orally.
Audio or video recording of the court hearing may be made at the initiative of the court or at the request of the participants of the court proceedings.
Should the holding of the court session in the videoconferencing mode be required, as well as when using audio- or video recording equipment for the court session, the court shall warn thereon the persons participating in the case and other participants of the court proceedings.
Participants in the trial and those present in the courtroom have the right to make written notes. Photographs, audio and video recordings of the court session, as well as broadcast in the mass media shall be allowed with the consent of the parties and with the permission of the presiding judge.
When a ruling is issued on holding a court hearing in closed session, the persons participating in the closed court hearing shall be warned not to disclose, without the courtʼs permission, information and details of the court proceedings, and a written undertaking shall be obtained from them. The written undertaking shall also include a warning that liability for breach of this obligation is provided under Article 239 of the Criminal Code of the Republic of Uzbekistan.
Article 209. Participation in the court session via videoconferencing
In a videoconference court hearing, the fact that witnesses, experts, specialists, and interpreters participating via a videoconferencing system have been informed of their rights, duties, and liability, as well as the witnessʼs oath, shall be recorded by audio and video means and indicated in the court hearing record.
To ensure the participation of the persons involved in the case in a court hearing held in videoconference mode, videoconferencing systems of the relevant courts at the place of residence, location, or stay of such persons, or the mobile videoconferencing system of the court hearing the case shall be used.
The court ensuring the participation of persons involved in the case in a videoconference court hearing shall verify whether such persons have appeared and shall establish the identity of those who are present. The identity of persons participating in the videoconference court hearing using a mobile videoconferencing system shall be verified by the court hearing the case through the use of information technologies.
Witnesses, experts, specialists, and interpreters participating in a court hearing via videoconferencing shall have their rights, obligations, and liability explained to them. The witnessʼs oath shall be recorded by means of audio and video recording, and this shall be indicated in the minutes of the court hearing.
Article 210. Opening of the court session
At the time appointed for the case, the judge shall enter the courtroom, open the court session, and announce the case to be considered.
Article 211. Presiding judge at the court session.
The court session shall be presided over by the president of that court, his/her deputy, or a judge.
The presiding judge of the court session (hereinafter — the presiding judge) shall lead the court session with ensuring full, comprehensive and objective clarification of all the circumstances of the case, rights and obligations of the parties, educational impact of the court trial, and removing from the court trial anything not related to the case under consideration.
If any of the persons participating in the case, witnesses, experts, specialists, interpreters object to the actions of the presiding judge, these objections shall be recorded in the record of the court session and the issue shall be resolved by the court.
The presiding judge shall take the necessary measures to ensure proper order in the court session.
Article 212. Order in the courtroom
All those present in the courtroom shall stand up when judges enter and leave the courtroom.
Citizens under the age of sixteen shall not be allowed into the courtroom if they are not persons participating in the case or witnesses.
Participants in the court proceedings shall address the court with words: "Honourable Court!". They shall give their explanations and testimony to the court and answer the questions in standing position. A deviation from this rule may be allowed only with the permission of the presiding judge.
Persons participating in the case, witnesses, experts, specialists, interpreters, as well as all citizens who are in the courtroom shall be obliged to observe the established order in the courtroom and unconditionally obey the orders of the presiding judge.
All persons present in the court session hall shall listen to the judicial act adopted in a separate room (consultation room) in a standing position.
Article 213. Checking the appearance of participants in the court proceedings
The court session secretary shall report to the court the persons appeared upon summons on this case, whether summons or other notices have been served (delivered) to those who did not appear, and information available about the reasons for their failure to appear.
The court shall establish the identity of those who have appeared and verify the powers of officials and representatives.
Article 214. Explaining to the interpreter his/her duties
The presiding judge shall explain to the interpreter his/her duties to translate explanations, testimonies, statements of persons who do not speak the language in which the proceedings are conducted, and to these persons — the content of explanations, testimonies, statements, announced documents, as well as the orders of the presiding judge, the ruling and decision of the court on the case.
The presiding judge shall warn the interpreter of liability under Article 238 of the Criminal Code of the Republic of Uzbekistan for the intentionally incorrect interpretation.
Article 215. Expelling witnesses from the courtroom
Witnesses shall be expelled from the courtroom after checking their appearance. The presiding judge shall ensure that witnesses interrogated by the court do not communicate with witnesses who are not interrogated.
Article 216. Announcement of the bench and explanation of the right to challenge
The presiding judge shall announce the composition of the court, inform of persons participating as a prosecutor, expert, specialist, interpreter, and court session secretary, and explain to the persons participating in the case their right to challenge.
Article 217. Explaining to the persons participating in the case their rights and obligations
The presiding judge shall explain to the persons participating in the case their procedural rights and obligations, which shall be indicated in the trial record.
Article 218. Explaining to an expert and a specialist their rights and obligations
The presiding judge shall explain to the expert and specialist their rights and obligations and warn the expert of liability for intentionally giving a false opinion under Article 238 of the Criminal Code of the Republic of Uzbekistan.
Article 219. Resolution by the court of petitions/motions of persons participating in the case
Petitions/motions of the persons participating in the case for reclaiming new evidence and on all other issues related to the case shall be resolved by the court ruling after hearing the opinions of other persons participating in the case.
Article 220. Implications of failure to appear in court of persons participating in the case
In the event if any of the persons participating in the case — in respect of whom there is no information about the service (delivery) of court summons or other notices — does appear in the court session, the court shall postpone the trial of the case.
If the persons participating in the case are properly notified of the time and place of the court session and have not appeared for reasons considered valid by the court, the court shall postpone the proceedings.
The parties shall be obliged to notify the court about the reasons for their failure to appear and provide evidence for the validity of those reasons. The court shall have the right to consider the case in the absence of the defendant, if there is no information about the reasons for his/her failure to appear, or if the court finds the reasons for the failure to appear invalid, or if the defendant deliberately delays the proceedings on the case.
The parties shall have the right to request the consideration of the case in their absence and send them a copy of the court decision. The court may consider obligatory the participation of the parties in the court session, if it is necessary due to the circumstances of the case.
Non-appearance of the representative of a person, participating in the case — who was notified about the time and place of the court trial — shall not be an obstacle to consideration of the case.
The court shall render a special ruling about the failure to appear without valid reasons of the prosecutor or the lawyer notify respectively a higher public prosecutor or the qualification commission under the territorial branch of the Chamber of Lawyers of the Republic of Uzbekistan.
Article 221. Implications of failure to appear in court session of parties without valid reasons
In case the parties fail to appear at the court session without a valid reason and if neither of them has submitted an application for proceedings in their absence, the court shall postpone the proceedings.
In case of non-appearance of the parties without a valid reason upon second summons, the court shall have the right to leave the claim undecided.
In case of non-appearance of the plaintiff only without a valid reason upon second summons, the court shall have the right to leave the claim undecided with the consent of the defendant.
Article 222. Implications of failure to appear in court session of the witness, expert, specialist, or an interpreter
Should a witness, expert, specialist, or interpreter fail to appear at the court session, the court shall hear the opinion of the persons participating in the case on the possibility of considering the case in the absence of the absent witness, expert, specialist, or interpreter and render a ruling on continuation of the court trial or on postponement of the proceedings of the case. If a summoned witness, expert, specialist, or interpreter does not appear in court for reasons considered invalid by the court, they may be subject to the measures of procedural coercion provided for by this Code. If the summoned witness fails to appear in the court session on the secondary call, he/she may be subjected to attachment by court ruling.
Article 223. Postponement of proceedings
The court may postpone the proceedings in the following cases:
1) Mass violation of order by citizens;
2) Failure to comply by prosecutor or the lawyer with the orders of the presiding judge after they have been cautioned;
3) Violation of order in a court session by parties (third parties);
4) Non-appearance in the court session of any of the persons participating in the case, in respect of which there is no information about the service of court summons or other notices;
5) Failure to appear at the court session of any of the duly notified persons participating in the case for the reasons considered by court to be valid;
6) Failure to appear at the court session of duly notified parties without a valid reason and if neither of them has submitted an application for proceedings in their absence;
7) Failure to appear at the court session of a witness, interpreter, expert, or specialist, if the consideration of the case in their absence seems not possible;
8) Plaintiffʼs disagreement with the consideration of the case without defendant's participation;
9) Counter-claiming;
10) Technical malfunctions when using technical means of court proceedings, including videoconferencing systems;
11) Need to present or discover additional evidence;
12) Involving other persons in the case and performing other procedural actions.
The court may also postpone the proceedings in other cases of impossibility to consider the case in the court session.
Court trial may be postponed for the period necessary to eliminate the circumstances that served as the basis for the postponement, within the period of court trial stipulated by this Code.
While postponing the trial of the case, the court shall set the time for the next court session, which shall be announced to the appearing persons against a receipt. Persons who failed to appear and are again invited to participate in the court proceedings shall be notified about the time of the next court session in line with the procedure stipulated by Chapter 16 of this Code.
Proceedings shall continue after the postponement of the case. However, if the case is postponed due to the involvement of new persons listed in Article 39 of this Code, the proceedings shall be initiated from the beginning.
Article 224. Interrogation of witnesses during the postponement of proceedings
In the case of postponement of proceedings, the court may interrogate the witnesses who have appeared, if all persons participating in the case are present at the court session and it is difficult for the secondary appearance of witnesses. The resummons of these witnesses to the next court session shall be made only where required.
Article 225. Commencement of consideration of the case on the merits
Consideration of the merits of the case shall begin with the report of the presiding judge. The presiding judge shall further ask whether the plaintiff supports his/her claims, whether the defendant admits the plaintiff's claims, and whether the parties are willing to conclude the case with an amicable agreement.
Article 226. The waiver of the plaintiff's claims, the defendant's recognition of the plaintiff's claims, the settlement agreement or mediation agreement of the parties
Plaintiff's waiver of the asserted claims, defendant's admission of plaintiff's claims, or the terms of amicable agreement between the parties shall be expressed in written statements addressed to the court, which shall be attached to the case, as indicated in the court session record.
The mediation agreement shall be submitted to the court as a separate document, which shall be attached to the case, as indicated in the court session record.
Prior to the committal of the plaintiff's waiver of the asserted claims or approval of the amicable agreement between the parties, the court shall explain to the plaintiff or parties the implications of the relevant procedural actions.
The court shall render a ruling on the committal of the plaintiff's waiver of the asserted claims or approval of the amicable agreement, which shall simultaneously terminate the proceedings on the case.
When the defendant admits the asserted claims and its acceptance by the court, the court shall issue a decision on their allowance.
If the court does not commit the defendant's admission of the asserted claims or denial of amicable agreement between the parties, the court shall render a ruling thereon and consider the case on the merits.
Article 227. Statements of persons participating in the case
After the case report, the court shall hear the statements of the plaintiff and the third party participating in the case on his/her side, the defendant and the third party participating in the case on his/her side, as well as other persons participating in the case.
The prosecutor, as well as other persons who have filed applications to protect the rights and legally protected interests of other persons shall be the first to explain or substantiate the claims asserted.
Persons participating in a case shall have the right to ask questions to each other.
Written statements of the persons participating in the case and the statements received by the court in accordance with the procedure stipulated by Articles 76, 83, 103, and 104 of this Code shall be announced.
Article 228. Establishing the procedure for evidence examination
Having heard the statements of the parties and other persons participating in the case, the court shall establish the procedure for interrogating witnesses, experts, and specialists and the examination of other evidence.
Article 229. Procedure for interrogating a witness
Each witness shall be interrogated separately.
The witnesses who have not been interrogated may not be in the courtroom during the trial.
Before interrogating a witness, the presiding judge shall establish the identity of the witness, his/her age, occupation, attitude to the case and his/her relations with the parties and other persons participating in the case, and shall warn him/her of liability for intentionally giving false testimony under Article 238 of the Criminal Code of the Republic of Uzbekistan. The presiding judge shall further invite the witness to take the oath publicly: "I swear to tell the court everything I know about the case. I will tell only the truth, the whole truth and nothing but the truth".
The witness shall sign a recognizance, which certifies certifying that his/her rights, obligations, and liability was explained to him/her. Both the text of the oath and the recognizance shall be attached to the court session record.
The presiding judge shall invite the witness to tell the court everything that he/she personally knows on the case. After that, the witness may be asked questions.
The first person to ask questions shall be the person on whose application the witness was summoned and his/her representative, who should be followed by other persons participating in the case. The plaintiff shall be the first to ask questions to the witness summoned by the court's initiative.
The judge (judges) shall have the right to ask questions to the witness at any moment of his/her interrogation.
The interrogated witnesses shall stay in the courtroom until the end of the trial. The court may allow the interrogated witnesses to leave the courtroom before the end of the consideration of the case with the consent of the parties.
Where necessary, the court may interrogate a witness for the second time in the same or the next session, as well as make a confrontation between witnesses to clarify inconsistencies in their testimonies.
Article 230. Right of a witness to use written notes
The witness shall be allowed to use written notes when his/her testimony is related to some computation or other data that is difficult to keep in memory. These notes shall be presented to the court and the persons participating in the case and may be added to the case as per the court's ruling.
Article 231. Procedure for interrogation of a witness under the age of sixteen
The presiding judge shall clarify to the witnesses who have not reached the age of sixteen the obligation to truthfully tell everything known to them on the case, but they shall not be warned of criminal liability for intentionally giving false testimony.
During the interrogation of witnesses under the age of fourteen years, as well as during the interrogation of witnesses at ages between fourteen and sixteen at the discretion of the court, a specialist (teacher) and, if necessary, their parents, adoptive parents, caregivers, and custodians shall be summoned. The specified persons may — with the permission of the presiding judge — ask questions to the witness.
In exceptional cases — during the interrogation of a witness under the age of sixteen — certain persons participating in the case may be expelled from the courtroom by a court ruling. After the person is returned to the court session, the testimony of the minor witness shall be disclosed to him/her and the opportunity shall be given to ask questions to the witness.
A witness under the age of sixteen shall be expelled from the courtroom upon completion of his/her interrogation, except in cases when the court finds the presence of this witness in the courtroom necessary.
Article 232. Disclosure of witness testimony
Testimony of witnesses obtained by the court in the manner prescribed by Articles 76, 83, 103 and 104 of this Code shall be disclosed in the court session.
Article 233. Examination of written evidence
Written evidence or protocol of their inspection, drawn up in line with the procedure stipulated by Articles 76, 83, 103, and 104 of this Code shall be disclosed in the court session and presented to the persons participating in the case and, if necessary, to experts, specialists, and witnesses for information. The persons participating in the case may thereafter provide their explanations with regard to this evidence.
Article 2331. Examination of digital evidence
Digital evidence or inspection reports thereof drawn up in accordance with the procedure provided for in Articles 76, 83, 103 and 104 of this Code shall be presented or read out at the court hearing and made available for review to the persons participating in the case, and where necessary, to experts, specialists, and witnesses. After that, the persons participating in the case may provide explanations regarding such evidence.
Article 234. Disclosure of personal correspondence, telegraphic and other communications of citizens
In order to protect the confidentiality of correspondence, telegraphic and other communications, the private correspondence, private telegraphic and other communications of citizens may be disclosed in an open court session only with the consent of persons between whom this correspondence, telegraphic and other communications took place. Otherwise, such correspondence, telegraphic and other communications shall be disclosed and investigated in a closed court session.
Article 235. Statement of document forgery
In case of statement that the document available in the case is a forgery, the person who filed this document may ask the court to exclude it from the evidence and resolve the case based on other evidence.
If the person, who presented the document does not make such statement, or if the document is reclaimed by the court on its own initiative, the person, who stated the document to be forged shall be obliged to prove his/her statement.
Article 236. Checking the statement of document forgery
To check the statement of document forgery the court may appoint an expert examination or request other evidence.
If the court concludes that the document is forged, it shall exclude it from the evidence. In necessary cases, the court shall forward the materials to the prosecutor.
Article 237. Examination of physical evidence
Physical evidence shall be inspected by the court and presented to the persons participating in the case and, if necessary, also to experts, specialists, and witnesses.
Persons to whom the physical evidence is presented may draw the court's attention to certain circumstances related to the inspection. These statements shall be recorded in the court session record.
The protocols of inspection of the physical evidence, drawn up in line with the procedure stipulated by Articles 76, 93, 103, 104, and 239 of this Code shall be disclosed in the court session, after which the persons participating in the case may give their explanations.
Article 238. Playback of audio or video recordings and their examination
During the playback of private audio or video recordings or examining them, the rules of this Article shall apply.
The audio or video recording shall be played in the courtroom or in another room specially equipped for this purpose, with indicating in the record of the court session the characteristics of the sources reproducing the evidence and the time of the playback. The court shall then hear the statements of persons participating in the case and of their representatives.
