Economic procedure code of the Republic of Uzbekistan
Economic procedure code of the Republic of Uzbekistan
24.01.2018
Section I. General provisions
Chapter 1. Principal provisions
Article 1. Economic proceedings legislation
Economic proceedings legislation consists of this Code and other acts of legislation.
Economic proceedings legislation establishes order of adversary and writ proceedings and order of proceedings on specific categories of cases.
If an international treaty establishes other rules than those contained in the legislation of the Republic of Uzbekistan, the rules of the international treaty shall apply.
Article 2. Tasks of economic proceedings
Tasks of economic proceedings are:
protection of violated or disputed rights or legally protected interests of enterprises, institutions, organizations (hereinafter — legal person) and citizens in economic sphere;
facilitation of strengthening the legal order and prevention of offences in economic sphere;
formation of respect for law and court.
Article 3. Right to appeal to economic court and form of appealing
Any interested person has the right to appeal to economic court (court) for the protection of its violated or disputed rights or legally protected interests in the manner prescribed by this Code.
Where provided for by law, other persons may also appeal to court.
Objection to the right to appeal to court shall be invalid.
Appeal to court shall be made in form of:
statement of claim — on disputes arising from civil-law relations;
statement — on writ proceedings, specific categories of cases and other cases provided for by this Code;
in the form of an appeal (protest) when appealing to the courts of appeal and cassation, as well as in cases provided for by this Code and other laws.
Appeal and documents attached to it may be sent to court in the form of electronic document.
Article 4. Economic case
Economic case is formed on the basis of documents submitted to the court by persons participating in the case and other participants in the economic proceedings, documents obtained by the court during the consideration of the case, as well as judicial and other acts drawn up on paper.
Economic case may be formed electronically.
When forming an economic case in electronic form, the persons participating in the case and other participants in the economic proceedings have the right to submit documents to the court in electronic form, confirmed by their e-signatures. Written documents submitted to the court by persons participating in the case and other participants in the economic proceedings are attached to the case in electronic form, after which the written documents themselves are returned to the persons who submitted them.
In the event of formation of an economic case in electronic form, judicial acts are confirmed by e-signature of the judge (judges), and the minutes of the judicial sessions and individual procedural actions are confirmed by e-signatures of the presiding judge and the secretary of the court session.
The transfer of an economic case in electronic form to another court or other body is carried out via telecommunication channels.
Economic case formed in electronic form may have a hardcopy.
Article 5. Court documents
Court adopts judicial acts in the form of a judgment, ruling, resolution and court order.
Court of first instance, based on the results of considering a case on its merits, adopts a judgment.
The courts of appellate and cassation instances shall make decisions on the results of consideration of appeals and cassation complaints (protests).
The decision is made on the results of consideration of the case on an administrative offense, which is delegated by law to the courts.
Based on the results of consideration of the application on the unconditional claims of the creditor, the court shall issue a court order.
Judicial documents that are accepted without resolving the content of the case are issued in the form of rulings.
Judicial documents can be generated in the form of electronic documents using the information system.
Chapter 2. Principles of economic proceedings
Article 6. Execution of justice only by court
Justice on economic cases shall be executed only by court in accordance with the rules established by this Code.
Article 7. Equality before the law and court
Consideration of disputes in court shall be carried out on the basis of equality before the law and court of legal persons, regardless of the form of ownership, location, subordination, and citizens, regardless of gender, race, nationality, language, religion, social background, beliefs, personal and social status, and other circumstances.
Article 8. Independence of judges and their subordination only to the law
In executing justice, judges shall be independent and obey only to the law.
Any interventions into the activities of judges concerning the execution of justice shall be inadmissible and entail liability established by the law.
The guarantees of independence of judges are established by the law.
Article 9. Adversary principle and equality of the parties
Economic proceedings shall be carried out on the basis of adversary principle and equality of the parties.
Article 10. Language of the proceedings
Economic proceedings shall be conducted in Uzbek, Karakalpak languages or in the language of the majority of the population of a locality.
Participants in a court proceedings who do not speak the language in which the proceedings are being conducted shall be ensured the right to be acquainted with the materials of the case and participate in procedural actions through an interpreter, and to speak at the court in their native language or freely chosen language of communication.
Judicial acts adopted during the court proceedings must be made in the language in which the court session was held.
Article 11. Publicity of proceedings
Consideration of cases in economic courts shall be open for the public.
Case consideration in a closed court session is allowed, when it is necessary to protect state secrets, commercial or other secrets protected by law. Hearing of a case in a closed court session via videoconferencing and its audio and video recording are not allowed.
When hearing a case in a closed court session, case forming in electronic form shall not be allowed.
A ruling shall be issued on a case considered in a closed court session.
Court judgment shall always be announced publicly.
Judicial acts that have entered into legal force shall be published on the official website of the court upon the consent of the parties or with anonymization, with the exception of judicial acts adopted in a closed court session.
Article 12. Directness of judicial proceeding
Court, when considering a case, is obliged examine directly all evidence on the case.
Article 13. Adjudication of cases based on legislation
Court shall adjudicate cases on the basis of the Constitution and laws of the Republic of Uzbekistan, other acts of legislation, as well as international treaties of the Republic of Uzbekistan.
Court, after having established, at consideration of a case, a non-conformity of the act of a state or other body to the legislation, including issuance thereof with abuse of powers, shall make a judgment in accordance with legislation.
In the absence of norms of legislation regulating the disputable relations, a court shall apply those norms of legislation which regulate similar relations, and in the absence of these norms — shall consider the case outgoing from the general principles and sense of legislation.
When considering cases on disputes between business entities and state bodies, including law enforcement and regulatory bodies, as well as banks, all persistent contradictions and ambiguities in legislation arising in connection with the implementation of entrepreneurial activity shall be interpreted in favor of the business entity.
Court, in accordance with the legislation or an international treaty of the Republic of Uzbekistan, shall apply norms of law of other states.
Article 14. Application of norms of foreign law
In case of application of the foreign law, court shall establish the contents of the norms thereof in accordance with their interpretation and practice of application in the corresponding foreign country.
With the aim to establishing the contents of the norms of the foreign law, court is entitled to apply, in accordance with the established procedure, for assistance and explanation to the competent bodies and organizations in the Republic of Uzbekistan and in foreign countries, or to engage specialists.
The persons participating in the case are entitled to present the documents confirming the contents of the norms of the foreign law, to which they refer for justification of their claims and objections, and otherwise assist the economic court in establishing the contents of such norms.
Should the contents of the norms of the foreign law fail to be established despite the actions undertaken, the economic court shall apply the corresponding norms of law of the Republic of Uzbekistan.
Article 15. Obligatoriness of judicial acts
Judicial acts that entered into legal force are binding for all state bodies, bodies of self-government, other bodies, public associations, enterprises, institutions, organizations, officials and citizens and shall be subject to enforcement in the whole territory of the Republic of Uzbekistan.
Failure to comply with judicial acts shall entail the liability established by this Code and other laws.
Chapter 3. Court composition
Article 16. Case consideration by a single judge and by collegiate composition
Cases of first instance in all courts shall be considered by a single judge.
Consideration of cases in the order of appeal and cassation is carried out by a panel of three judges.
The review of the case in the cassation procedure shall be carried out by a panel of five judges.
When the case is heard by a panel, one of the judges presides over the hearing.
All judges shall enjoy equal rights in the proceedings.
If, under this Code, a judge is empowered to hear a case individually and resolve certain issues, the judge shall act on behalf of the court.
Article 17. Formation of court composition
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 case, the consideration of which has been started by one judge or the composition of the court, must be considered by the same judge or the composition of the court.
Replacement of a judge or one of the judges may be made in case:
of challenge or self-withdrawal of a judge, declared and upheld in the manner prescribed by this Code;
of impossibility to consider the case due to the absence of the judge.
After replacement of the judge, the consideration of the case shall be made from the beginning.
Article 18. Order of resolving disputes by collegiate composition of judges
Issues arising during consideration of the case by the court in the collegiate composition shall be resolved by the judges by the majority of the votes. No judge is entitled to abstain from voting. The judge presiding in the judicial session shall vote the last.
Judge, who disagrees with the decision of the majority, is obliged to sign a judicial act and is entitled to expose his dissenting opinion in writing, which shall be attached in a sealed envelope to the case file, but not declared. Dissenting opinion of the judge shall not be declared to the persons participating in the case.
Court of higher instance has the right to read the dissenting opinion of the judge.
Article 19. Inadmissibility of repeat participation of the judge in consideration of the case
A judge who participated in the hearing of the case in the court of first instance may not participate in the retrial of the case in the court of first instance, if the decision of the court was overturned by the court of appeal or cassation, except in cases of newly opened cases.
A judge who participated in the hearing of the case in the court of first instance may not participate in the hearing of the case in the court of appeal or cassation.
A judge who participated in the hearing of the case in the court of appellate instance may not participate in the consideration of the case in the court of first instance or the court of cassation.
A judge who participated in the hearing of the case in the court of cassation may not participate in the retrial of the case in the court of first instance or appellate instance or in accordance with Article 3051 of this Code in the court of cassation.
Chapter 4. Challenge of a judge and other participants in the proceedings
Article 20. Challenge of the judge
The judge may not participate in consideration of the case and shall be subject to challenge, if:
1) at previous consideration of this case, he participated therein as the judge, and his repeated participation in consideration of the case is inadmissible according to the requirements of this Code;
2) at previous consideration of this case, he participated therein as the judge of the court of arbitration, public prosecutor, expert, specialist, interpreter, secretary of the judicial session, representative or witness;
3) he is a relative of the persons participating in the case, or of their representatives;
4) he is personally directly or indirectly interested in the outcomes of the case, or there are other circumstances that can cause doubts in his impartiality;
5) he is a relative of the judge who is the member of the collegiate composition considering the case.
Article 21. Challenging the public prosecutor, expert, specialist, secretary of the judicial session and interpreter
The public prosecutor, expert, specialist, secretary of the judicial session or interpreter may not participate in consideration of the case and shall be subject to challenge if:
1) they are a relative of the persons participating in the case, or of their representatives;
2) they are personally directly or indirectly interested in the outcomes of the case, or there are other circumstances that can cause doubts in their impartiality.
The grounds for challenging an expert and a specialist shall also be:
1) their service or other dependence on the persons participating in the case, or their representatives at the moment of consideration of the case or in the past;
2) performance by them of inspections, the materials of which have served as grounds or reason for applying to the court, or are used at consideration of this case.
Article 22. Declaration of challenge or self-withdrawal
There being cause, as specified in articles 20 and 21 of this Code, the judge, the public prosecutor, expert, specialist, secretary of the judicial session and interpreter shall be obliged to declare self-withdrawal. On the same grounds, their challenge may be declared by the persons participating in the case. A challenge to the public prosecutor, expert, specialist, secretary of the judicial session, interpreter may also be considered on the initiative of the court.
A self-withdrawal or challenge shall be motivated and declared prior to the beginning of consideration of the case on its merits.
During consideration of the case, the declaration of self-withdrawal or challenge is allowed only when the grounds of self-withdrawal or challenge became known to the person declaring self-withdrawal or challenge after the beginning of consideration of the case on its merits.
A repeat challenge on the same grounds may not be declared by one and the same person. If such repeat challenge declared, it shall not be considered.
Article 23. Order of consideration of the declared challenge
In case of declaration of a challenge, the court shall hear the opinions of the persons participating in the case and also of the person to which the challenge has been declared, if the challenged person wishes to give explanations.
The issue of the challenge of the judge, who is considering the case alone, shall be resolved by the chairperson of the court, and in a single-judge court — by the same judge.
The issue of the challenge of the judge at consideration of the case in collegiate composition shall be resolved by the same composition of the court by the majority of the votes, in the absence of the judge, who has been challenged. At equal number of votes cast for and against the challenge, the judge shall be considered removed.
The issue of the challenge declared to several judges or to the whole collegiate composition of the court, which is considering the case, shall be resolved by the same composition by a simple majority of votes.
The issue of a challenge and self-withdrawal of the public prosecutor, expert, specialist, secretary of the judicial session and interpreter shall be resolved by the court, which is considering the case.
The issue of the self-withdrawal of the judge shall be resolved by the court in the manner prescribed by this article.
On the results of consideration of the issues of challenge, a ruling shall be issued.
Article 24. Consequences of satisfaction of declaration of challenge
In case of satisfaction of self-withdrawal or challenge of the judge, several judges, or of the whole composition of the court, the case shall be considered at the same court by another composition of judges.
If as a result of satisfaction of self-withdrawals or challenges, it is impossible to form a new composition of the court for consideration of the case at the same court, this case must be transferred to another court.
Chapter 5. Jurisdiction and competence on economic cases
§ 1. Jurisdiction
Article 25. Jurisdiction of cases
Economic court has jurisdiction over:
1) cases on disputes, arising in the economic sphere from civil, administrative and other legal relations between legal persons and citizens engaged in entrepreneurial activities without forming a legal person and having the status of an individual entrepreneur, acquired in the manner prescribed by law, as well as citizens who are parties in the consideration of cases on corporate disputes (hereinafter — citizens);
2) cases on establishment of the facts having legal meaning for arising, changing or termination of the rights of legal persons and individual entrepreneurs in economic sphere (hereinafter — on establishment of the facts having legal meaning);
3) bankruptcy cases;
4) cases related to arbitration proceedings;
41) cases related to arbitration proceedings;
4²) cases for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement;
5) cases on corporate disputes, specified in article 30 of this Code, with the exception of labor disputes;
51) cases on investment disputes specified in Article 301 of this Code;
52) competition-related cases specified in Article 302 of this Code;
6) cases on recognition and enforcement of foreign court judgments and arbitral awards.
The court also has jurisdiction over cases on disputes with participation of citizens, who have lost the status of an individual entrepreneur, in cases where the relevant claims arise from their previous business activities.
Other cases may also be attributed to the jurisdiction of the court by law.
Court considers cases under its jurisdiction with participation of legal persons and citizens of the Republic of Uzbekistan, as well as foreign legal persons, international organizations, foreign citizens, and stateless persons, who carry out entrepreneurial activities, unless otherwise provided by an international treaty of the Republic of Uzbekistan.
In case of combining several related claims, some of which fall under the jurisdiction of the economic court, and others — under the jurisdiction of the civil court, all these claims shall be subject to consideration in the civil court.
It is not permissible to combine several related claims, of which some fall under the jurisdiction of the administrative court, and others — under the jurisdiction of the economic court.
The cases referred to in paragraphs 41, 5 and 51 of part one of this Article are considered by the court regardless of whether legal entities or individuals are participants in the legal relations from which the dispute arose.
Article 26. Disputes settled by economic court
Economic court shall settle disputes:
1) on disagreements arising at the conclusion of a contract, the obligatory conclusion of which is provided for by law;
2) on disagreements arising from the conclusion of a contract, the transfer of which to the court is agreed by the parties to the contract;
3) on amendment or termination of a contract;
4) on declaring a transaction invalid;
5) on non-performance or improper performance of obligations;
6) on declaration of ownership;
7) on reclamation of property from another's adverse possession by the owner or another lawful possessor;
8) on violation of ownership rights to the objects of intellectual activity and means of identification of parties to a civil transaction of goods, works and services;
9) on violation of the rights of the owner or another lawful possessor, not related to dispossession;
10) on damages for losses;
11) on protection of business reputation;
12) on recognizing as not subject to execution an executive or other document, according to which collection is carried out in an indisputable (non-acceptance) manner, with the exception of an executive or other document, according to requirements arising from administrative and other public legal relations;
13) on recovery of penalties from legal persons and citizens by regulatory authorities, if law does not provide for their uncontested (acceptance-free) recovery;
14) on the return from the budget in an uncontested (acceptance-free) manner of funds collected by the regulatory authorities in violation of the requirements of the legislation.
The court shall also settle other disputes attributed to its competence by law.
Article 27. Bankruptcy cases
Bankruptcy cases include cases on declaring bankrupt legal persons and citizens, engaged in entrepreneurial activity without forming a legal person and having the status of an individual entrepreneur, acquired in accordance with the procedure established by law, as well as individuals who have lost the status of an individual entrepreneur, unable to satisfy creditors' claims for monetary obligations and (or) fulfill obligations under mandatory payments, if monetary obligations and obligations under mandatory payments arise from their previous business activities.
Article 28. Cases related to arbitration
Cases related to arbitration proceedings include cases on:
1) adoption of measures for security of a claim;
2) appealing against arbitral awards;
3) issuance of executive documents on compulsory enforcement of awards of arbitration courts.
Cases specified in part one of this article shall be considered by economic courts in accordance with the general rules of economic proceedings, with distinctions, specified in chapters 8, 28 and 29 of this Code.
Article 281. Cases related to arbitration proceedings
Cases related to arbitration proceedings provided for by the Law of the Republic of Uzbekistan "On International Commercial Arbitration" include cases on applications:
1) on the appointment of an arbitrator;
2) on the satisfaction of the arbitrator's challenge;
3) on making a decision regarding the termination of the powers of the arbitrator;
4) on making decisions on the jurisdiction of the arbitration court;
5) on the recognition and enforcement of interim measures;
6) on the adoption of interim measures;
7) on assistance in obtaining evidence;
8) on the cancellation of the arbitration award;
9) on the recognition and enforcement of the arbitral award.
The cases listed in the first part of this Article are considered by economic courts according to the general rules of economic legal proceedings, taking into account the features specified in Chapter 291 of this Code.
The cases listed in paragraphs 1 — 4, 7 and 8 of the first part of this article are considered by economic courts only if the place of arbitration is located in the Republic of Uzbekistan.
Article 29. Transfer of disputes for arbitration
By agreement of the parties, a dispute arising or likely to arise from civil relations and falling under jurisdiction of the economic court, before its judgment has been made, may be transferred to an arbitration court.
Article 30. Cases on corporate disputes
Cases on corporate disputes include:
1) disputes on creation, reorganization and liquidation of legal persons;
2) disputes on the ownership of shares, shares in the authorized capital (authorized capital) of business entities and partnerships, shares of members of cooperatives, the establishment of their encumbrances and the exercise of the rights arising from them, with the exception of disputes arising in connection with the division of inherited property or the division of the common property of spouses, which includes shares, shares in the authorized capital (authorized capital) of business entities and partnerships, shares of members of cooperatives;
3) disputes on claims of participants (founders, members) of a legal person on declaring the transactions made by the legal person invalid and (or) enforcing the consequences of the invalidity of such transactions;
4) disputes on the issue of securities, including challenging decisions of the issuer's governing bodies, challenging of the transactions made during the placement of emission securities, reports (notifications) on the results of the issue (additional issue) of emission securities;
5) disputes arising from the activities of nominee holders of securities related to the registration of rights to shares and other securities, the exercise by them of other rights and obligations provided by law in connection with the placement and (or) circulation of securities;
6) disputes on convening a general meeting of participants of a legal person;
7) disputes on appeals against decisions of the governing bodies of a legal person.
Other disputes may also be attributed to cases on corporate disputes by law.
Article 301 Investment Disputes
Cases on Investment Disputes include:
1) disputes related to the conclusion, amendment and termination of investment agreements;
2) disputes over invalidation of investment agreements;
3) disputes related to the execution of the investment agreement;
4) disputes related to the fulfillment by the investor of tax, customs, social, environmental and other obligations arising from the investment agreement;
5) disputes on recovery of property transferred to the investor under the investment agreement or recovery of penalty and (or) compensation for losses under such agreement.
Article 302 Competitive work
Disputes arising from relations in the field of competition in the commodity and financial markets between legal entities, including foreign legal entities, economic management bodies, individual entrepreneurs and the antimonopoly body are included in the scope of competition.
Article 31. Cases on recognition and enforcement of judgments of foreign courts and arbitral awards
Cases on recognition and enforcement of judgments of foreign courts and arbitral awards:
recognition and enforcement of judgments of foreign courts adopted by them on disputes arising in the implementation of entrepreneurial and other economic activities;
recognition and enforcement of arbitration awards of foreign arbitration courts adopted by them on disputes arising in the implementation of entrepreneurial and other economic activities.
Article 311. Transfer of case materials from the Economic court to another court under jurisdiction
If a claim is submitted to the economic court in violation of the rules of jurisdiction, the statement of claim (application) is submitted for consideration to the civil court or the administrative court of jurisdiction.
If during the consideration of the case it is revealed that the statement of claim (application) was accepted for production in violation of the rules of jurisdiction, the economic court issues a ruling on the transfer of the case materials to the civil court or the administrative court of jurisdiction and the termination of economic proceedings.
The ruling on the transfer of the statement of claim (application), case materials from the economic court to another court under jurisdiction can be appealed (protested).
The statement of claim (application), the case materials transferred from the economic court to another court under jurisdiction must be accepted by the court to which they are transferred.
Disputes on jurisdiction between courts are not allowed in the Republic of Uzbekistan.
§ 2. Court competence
Article 32. Cases falling within competence
Cases related to the court are considered by inter-district, district (city) economic courts, except for cases belonging to the Supreme Court of the Republic of Uzbekistan and the Court of the Republic of Karakalpakstan, regional and Tashkent city courts.
Court of the Republic of Karakalpakstan, regional and Tashkent city courts:
cases in which one of the parties is a non-resident of the Republic of Uzbekistan — a foreign person;
related to arbitration proceedings;
considers cases on recognition and enforcement of decisions of courts and arbitrations of foreign states.
Disputes arising from economic agreements between public administration bodies and local public authorities shall be considered by the Supreme Court of the Republic of Uzbekistan.
The Supreme Court of the Republic of Uzbekistan, taking into account the special circumstances, has the right to withdraw any case from any court and accept it in its proceedings in the first instance, to transfer the case from one court to another.
At the request of the major investor in investment disputes, the parties to competition cases, this category of cases is considered directly by the Supreme Court of the Republic of Uzbekistan, the remaining investment disputes are considered by the courts of the Republic of Karakalpakstan, regional and Tashkent city courts.
Article 33. General rules of court competence
Claims to legal persons shall be presented to the court at the place of their state registration.
Claims to legal persons resulting from the activities of their separate subdivision shall be presented to the court at the place of state registration of their separate subdivisions.
Claims to citizens shall be presented to the court at the place of their state registration as an individual entrepreneur.
Article 34. Court competence determined at the choice of the plaintiff
Claims to several respondents located in different places shall be submitted at the choice of the plaintiff to the court at the place of state registration of one of the respondents.
A claim to the respondent whose place of state registration is unknown may be submitted to the court at the location of his property or at his last known location.
A claim to the respondent who is the citizen of the Republic of Uzbekistan and is located in the territory of another state may be submitted at the location of the plaintiff or at the location of the property of the respondent.
A claim resulting from a contract, in which the place of execution is specified, may be submitted at the place of execution of the contract.
Claims related to the investment activity of a non-major investor may be submitted to the district (city), inter-district economic court or the court of the Republic of Karakalpakstan, regional and Tashkent city courts in the place of responsibility.
Claims related to the investment activities of a large investor, as well as claims arising from the relationship in the field of competition in commodity and financial markets may be submitted to the district (city), inter-district economic court or the Supreme Court of the Republic of Uzbekistan.
Article 35. Court competence on cases on establishing the facts having legal meaning
Cases on establishing the facts having legal meaning shall be considered by the court at the place of state registration of the complainant.
Cases on establishing the facts having legal meaning for creation, change or termination of a right to immovable property shall be considered at the location of the immovable property.
Article 36. Court competence of bankruptcy cases
Bankruptcy cases of legal persons and citizens shall be considered by court at the place of state registration of the debtor.
Article 37. Exclusive court competence
Claims on recognition of the ownership to immovable property, disputes on immovable property, including on vindication of the property from some else's illegal possession or about elimination of infringements of the ownerʼs rights or another lawful possessor, not related to deprivation of the right of possession, and other claims on the rights to immovable property shall be submitted to the court at the location of the immovable property.
Claims to a carrier resulting from contracts of carriage of passengers, luggage, and freight, including when the carrier is one of the respondents, shall be submitted to the court at the location of a body of the transport organization.
Statements on cancellation of the award of a court of arbitration shall be submitted to the economic court at the location of the court of arbitration.
A statement on adoption of measures for security of a claim considered in a court of arbitration, as well as on issuance of a writ of execution for enforcement of the award of a court of arbitration shall be submitted to the economic court at the location of the court of arbitration or the place of state registration of the debtor, or, if the place of state registration of the debtor is unknown, at the location of his property.
An application for the appointment of an arbitrator, satisfaction of the arbitrator's challenge, making a decision on the termination of the arbitrator's powers, making decisions on the jurisdiction of the arbitration court, assistance in obtaining evidence, as well as on the cancellation of the arbitration award is filed with the economic court at the place of arbitration.
An application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be submitted to the economic court at the place of state registration of the party that failed to voluntarily fulfill the mediation agreement, or, if its place of state registration is unknown, at the location of its property.
An application for recognition and enforcement of interim measures, the adoption of interim measures on a claim considered in an arbitration court, is filed with the economic court at the place of arbitration or state registration of the debtor or, if the place of state registration of the debtor is unknown, at the location of his property.
Claims in corporate disputes shall be submitted at the location of the legal person specified in article 30 of this Code.
A counterclaim shall be submitted to the court at the location of consideration of the initial claim.
Article 38. Contractual court competence
The court competence established in accordance with articles 33 and 34 of this Code may be changed under an agreement of the parties.
Article 39. Transfer of the case from one court to another
The case accepted by the court to its proceedings with observance of the rules of court competence must be considered by it on the merits, even if later it should become falling within the competence of another court.
The court shall transfer the case for consideration of another court if:
1) at consideration of the case in this court, it has been established that it was accepted to proceedings with infringement of the rules of court competence;
2) after challenging one or several judges, their replacement in this court has become impossible, as well as in other cases, as well as if consideration of the case in this court is impossible for other reasons.
A ruling shall be issued on transfer of the case for consideration of another court.
The case directed from one court to another is subject to be accepted for proceedings by the court to which it is directed.
Disputes on court competence between the economic courts in the Republic of Uzbekistan are not allowed.
Chapter 6. Participants of economic proceedings
§ 1. Participants, rights and duties of participants of economic proceedings
Article 40. Participants of economic proceedings
Participants of economic proceedings are a court, persons participating in the case and persons assisting in the administration of justice.
Article 41. Persons participating in the case
The persons participating in the case are parties, third parties, public prosecutor, state bodies and other persons by virtue of their powers, as well as complainants and other interested persons in certain categories of cases provided for by this Code.
Article 42. Rights and duties of the persons participating in the case
The persons participating in the case have the right to get acquainted with the materials of the case, to make excerpts from them, and to make copies of these materials, to declare challenges, to present evidence, to participate in examination of evidence, to ask questions, to present petitions, to make statements, to give written and oral explanations to the court, to bring their arguments and conclusions on all issues arising during consideration of the case, to object to petitions and arguments of other persons participating in the case, to appeal (protest) against court resolutions and to exercise other procedural rights granted to them by this Code.
The persons participating in the case shall bear the procedural duties provided by this Code and use honesty all the procedural rights belonging to them.
The parties to a corporate dispute have the right to request from each other and from witnesses all documents that may be relevant to the case before the court, with the exception of documents constituting a state secret or other secret protected by law.
Article 43. Parties
The parties in the economic proceedings are the plaintiff (complainant) and the respondent.
Plaintiffs are legal persons and citizens who have presented a claim with the aim to protect their rights and legitimate interests, or with the aim to protect whose interests the claim has been presented.
Respondents are legal persons and citizens, toward which the claim has been presented.
Complainants are legal persons and citizens who presented statements on certain categories of cases and other cases provided for by this Code.
The parties enjoy equal procedural rights.
Article 44. Participation of several plaintiffs or respondents in the case
A claim can be submitted jointly by several plaintiffs (co-plaintiffs) or to several respondents (co-respondents) at the same time.
Each plaintiff or respondent act independently with regards to the other party in the proceedings.
Co-participants are entitled to entrust the conducting of the case to one of their co-participants.
In case of impossibility to consider the case without participation of the other respondent, the court of first instance, before adopting a judgment, with the consent of the plaintiff (plaintiffs), shall attract another respondent (other respondents) to take part in the case.
If the legislation provides for mandatory participation in the case of another respondent, the court, on its own initiative, shall attract this respondent to take part in the case.
The court shall attract another respondent to take part in the case also at the request of the plaintiff.
Concerning an attraction or a refusal to attract another respondent to participation in the case a ruling shall be issued.
In case of attraction of another respondent to participation in the case, the consideration of the case shall be performed from the beginning.
Article 45. Replacement of improper respondent
The court, having established that the claim had been submitted not to the proper person, who should respond under the claim, is entitled to admit, with the consent of the plaintiff, a replacement of the improper respondent for the proper one.
If the plaintiff disagrees with a replacement of the respondent, the court is entitled to attract, with the consent of the plaintiff, this person as the second respondent.
The court shall make ruling on replacement of the improper respondent.
After replacement of the improper respondent the consideration of the case shall be performed from the beginning.
Article 46. Procedural legal succession
In case of retirement of a party from the disputed or established by a legal act legal relation (reorganization of a legal person, assignment of the right to claim, delegation of the debt, death of a citizen, and other cases of change of persons in obligations), the court shall replace this party with its legal successor.
The legal succession is possible on any stage of economic proceedings.
The court shall make ruling on replacement of the party with its legal successor.
Rulings of the courts about the replacement of a party with its legal successor may be appealed against (protested).
After replacement of the party with its legal successor the economic proceedings shall be renewed from the procedural action on which it has been suspended.
For the legal successor all actions accomplished in the proceedings up to his entering the case are binding to the extent to which they would have been binding for the person who has been replaced by the legal successor.
Article 47. Third parties declaring independent demands to the subject of the dispute
The third parties declaring independent demands to the subject of the dispute are entitled to enter the case prior to adoption of a ruling by first instance court. They shall enjoy all rights and perform all duties of the plaintiff, with the exception of the duty to observe the pre-trial (pre-action) procedure of settling disputes with the respondent.
If the third party who has declared independent demands to the subject of the dispute has entered the case after the beginning of the proceedings, the consideration of the case shall be performed from the beginning.
Article 48. Third parties who do not declare independent demands to the subject of the dispute
Third parties who do not declare independent demands to the subject of the dispute may enter the case on the side of the plaintiff or the respondent prior to adoption of the judgment of first instance court, if judgment can affect their rights or duties in relation to one of the parties. They may be attracted for participation in the case also upon the request of the party or on the initiative of the court.
The third parties who do not declare their independent demands to the subject of the dispute enjoy the procedural rights and execute the procedural duties of the party, with the exception of the rights to change the grounds or the subject of the claim, increase or decrease the size of the stated claims, abandon the claim, admit the claim or conclusion of an amicable or mediation agreement, present a counterclaim, and demand enforced execution of the judicial act.
Rulings shall be made on the attraction for participation in the case of the third parties who do not declare their independent demands to the subject of the dispute or on their refusal thereof.
If the third party who does not declare independent demands to the subject of the dispute has entered the case after the beginning of the proceedings, the consideration of the case shall be performed from the beginning.
Article 49. Participation of the public prosecutor in the case
Prosecutors of the Republic of Karakalpakstan, regions, Tashkent city, districts (cities) and equivalent prosecutors, courts of the Republic of Karakalpakstan, and regional and Tashkent city courts - the Republic of Karakalpakstan, regions, Tashkent city prosecutors or their deputies.
The Prosecutor General of the Republic of Uzbekistan or his deputy has the right to submit a statement of claim (application) to all economic courts of the Republic of Uzbekistan.
A prosecutor may participate only in cases provided by law or in cases initiated on the basis of a prosecutor's statement (application). A prosecutor may not take part in the hearing of a case initiated on the application of other persons on his own initiative.
The prosecutor participating in the case shall express his opinion on the merits of the case, except for the cases initiated on his application (petition) for the protection of the rights and legally protected interests of other persons.
The prosecutor who has filed a statement of claim (application) in the interests of a citizen, legal entity and the state shall exercise the rights of the plaintiff and assume his obligations, except for the right to enter into a settlement agreement or mediation agreement.
The waiver by the prosecutor of his statement of claim (application) shall not deprive the plaintiff (applicant) of the right to demand a substantive review of the case.
The plaintiff's waiver of the claim filed by the prosecutor in order to protect the plaintiff's rights shall result in the dismissal of the statement of claim (application).
Article 50. Participation of state bodies and other persons in the case
In cases provided by the legislation, state bodies and other persons are entitled to present a statement of claim (statement) in defense of rights and legally protected interests of legal persons, citizens, the public and the state. These bodies and persons that have submitted the claim enjoy all rights and bear the duties of the plaintiff, with the exception for the right to conclude an amicable or mediation agreement.
An abandonment by the body or other person of the statement of claim (statement) presented by them does not deprive the plaintiff (complainant) of the right to demand the consideration of the case on its merits.
An abandonment by the plaintiff (complainant) of the statement of claim (statement) which has been presented in defense of his rights by the state body or other person shall entail suspension of the consideration of the statement of claim (statement).
Article 51. Persons who assist execution of justice
Apart from the persons participating in the case, other persons who assist execution of justice may take part in the economic proceedings — witnesses, experts, specialists and interpreters.
Article 52. Secretary of the court session
Judge assistant (senior judge assistant), on instructions of the judge, shall perform actions necessary to prepare cases for court proceedings, notify the persons participating in the case about the time and place of the court proceedings and confirm their appearance in court, find out the reasons for their failure to appear and report this to the judge, keep a record of the performed procedural actions, carry out other orders of the judge related to the preparation and conduct of the court session, as well as the direction of the judicial act for execution.
At the performing of the procedural actions specified in part one of this article, the judge assistant (senior judge assistant) shall act as the secretary of the court session.
Article 53. Witness
A witness may be a person who is aware of the data and about the circumstances important for correct resolution of the dispute by the court.
The following persons cannot be witnesses:
representatives on a civil, economic and administrative case or the persons acting as defense counsel on a criminal case, attorneys on cases on administrative offences, mediators — about the circumstances that became known to them in connection with the performance of the duties of a representative, defense attorney, lawyer or mediator;
arbitrators, experts appointed by the arbitral tribunal, employees of the arbitration institution,— about the circumstances that became known to them during the arbitration proceedings;
persons who by virtue of their physical or mental problems are not capable to correctly perceive the facts or to give correct evidence about them.
Article 54. Rights and duties of the witness
A witness has the right to use the legal assistance of a lawyer, to testify in his native language, if he does not speak or does not know well enough the language in which economic proceedings are conducted, and in this case to use the services of an interpreter, to state his testimony with his own hand, to use written notes and documents when giving testimony.
A witness shall appear at the court on the court summon and give truthful testimony on the data and circumstances of the case known to him, answer the questions of the judge and of the persons participating in the case, and observe order during the court session.
For giving knowingly false evidence the witness shall be liable to be prosecuted, whereof he shall be warned by the court against receipt
Nobody shall be forced to give evidence against himself and close relatives.
The obligation to give testimony shall not apply to persons who, in accordance with the law, have the right to refuse to give testimony on the facts and circumstances which became known to them in connection with performance of professional duties.
Article 55. Expert
An expert may be an individual who has special knowledge in the field of science, engineering, arts or craft, required to make a conclusion.
An expert from a state forensic institution, an expert from a non-state forensic organization, an employee of another enterprise, institution, organization or other individual can act as an expert.
Persons who have been declared legally incapable or partially incapable, as well as persons who have an outstanding or unexpunged conviction for committing intentional crimes, cannot be attracted as an expert.
Article 56. Rights and duties of the expert
The 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 judgments of the court conducting the case, or the actions (inaction) of the judge in the manner prescribed by law, if these judgments or actions (inaction) violate the rights and freedoms of the expert.
The expert is obliged to: there are being grounds provided for in articles 20 and 21 of this Code, immediately withdraw; conduct a comprehensive and complete study of the objects of examination presented to him, to give a reasoned and objective written opinion on the questions posed to him; appear upon summons of the court for personal participation in the court session; give testimony about his expertise and answer additional questions to clarify his conclusion; not to disclose information that became known to him in connection with the performance of the expert examination; ensure the safety of the presented objects of examination and case materials; keep order during the court session.
An expert shall bear criminal liability for knowingly giving a false opinion, and for disclosing information and details of a closed court session without the permission of the court.
If the asked questions fall outside the boundaries of special knowledge of the expert or submitted objects of examination or materials are inappropriate or not sufficient for preparation of a conclusion and cannot be supplemented or the state of science and forensic practice does not allow answering the posed questions, he shall draw up a reasoned statement about impossibility to draw a conclusion and submit it to the court which commissioned the expert examination.
Article 57. Specialist
For participation in a court session or procedural actions in order to assist in the collection, research and evaluation of evidence by providing consultations (explanations) and assistance in the use of scientific and technical means, the court may attract as a specialist an adult person who is not interested in the outcomes of the case and has special knowledge and skills in the field of science, technology, arts or craft.
A ruling shall be issued on attracting a specialist to participate in the court session.
Presentation of the court summons is mandatory for the employer of the specialist.
Article 58. Rights and duties of the specialist
A person summoned as a specialist has the right: to know the purpose of his summoning; to refuse to participate in the proceedings if he does not have the appropriate special knowledge and skills; upon a permission of the court, to ask questions from the participants in the procedural action; to draw the attention of the participants in the procedural action to the circumstances associated with his actions when assisting in the collection, research and evaluation of evidence, when using scientific and technical means, preparing materials for the assignment of the examination; to get acquainted with the minutes of the procedural action in which he took part, as well as with the relevant part of the minutes of the court session and make statements and comments to be entered into the minutes regarding the completeness and correctness of the recording of the course and results of the actions carried out with his participation; receive reimbursement of expenses related to the participation in the performance of procedural actions, and remuneration for the work performed, if participation in the proceedings on the case is not within the scope of his official duties.
A person appointed as a specialist is obliged to: appear upon the summons of the court; participate in the performance of procedural actions and in the court hearing using specialized knowledge, skills, and scientific and technical means; give advice; provide explanations regarding the actions performed by them; and not disclose information and details of a closed court session without the permission of the court.
If a specialist does not appear when summoned by the court without an excuse recognized as valid by the court, as well as unjustifiably refuses to give consultations (explanations), he may be subject to a court fine in the manner prescribed by chapter 14 of this Code.
The imposition of a fine shall not relieve a specialist from the obligation to appear and give consultations (explanations).
Article 59. Interpreter
The interpreter is a person who knows languages the knowledge of which is necessary for interpretation and attracted by the court in the instances provided by this Code. The participants of the economic proceedings are not entitled to take up the duties of interpreter, even if they knew languages necessary for translation.
Article 60. Rights and duties of the interpreter
The interpreter is entitled: to ask questions to the participants of the court proceedings with the aim to clarify the sense of translated words and expressions; to refuse to participate in the court proceedings, if he does not have the appropriate knowledge for translation; to get acquainted with the minutes of the judicial session; to make remarks on the correctness of the recording of the translation.
The interpreter is obliged:
to appear on the court summons;
to translate accurately, completely and correctly;
to keep order during a court session.
An interpreter shall bear criminal liability for knowingly making a false translation and for disclosing information and details of a closed court session without the permission of the court, of which they shall be warned by the court and a written acknowledgment shall be obtained from them.
§ 2. Representation in the court
Article 61. Conducting the case through representatives
Cases of legal entities in court are conducted by their bodies and (or) representatives acting within the powers provided by the legislation or constituent documents.
Citizens have the right to conduct their cases in court in person and (or) through their representatives. The personal participation of a citizen in the case does not deprive him of the right to have a representative in the case.
The rights and legally protected interests of incapacitated or partially incapacitated persons shall be protected in court by their legal representatives (parents, adoptive parents, guardians or trustees). Legal representatives may delegate court proceedings to a representative of their choice.
Unless otherwise provided by law, the following may be (voluntary) representatives under the contract:
1) advocates;
2) workers of the legal persons on cases of these persons;
3) authorized representatives of non-profit organizations — on the cases of members of these organizations;
4) authorized representatives of non-profit organizations, who are entitled by law to protect the rights and interests of others;
5) one of the procedural co-participants on behalf of other co-participants;
6) other persons admitted by the court at the request of the persons participating in the case.
Only advocates can engage in professional activities on the conduct of cases in the court as representatives.
Article 62. Formalization of powers of a representative
The powers of a representative to conduct a case in court must be indicated in a power of attorney issued and formalized in accordance with law.
A power of attorney on behalf of a legal person must be signed by its head or other person authorized to do so by its constituent documents and certified by the seal of this legal person (if there is a seal).
The powers of an advocate shall be certified under the procedure established by the legislation.
A person acting as a contractual representative (with the exception of an advocate), in addition to a power of attorney, shall present to the court a document confirming the status of a contractual representative.
Article 63. Powers of the representative
The powers to conduct a case in the court shall entitle the representative to execute, in the name of the person represented by him, all procedural actions, except for signing the statement of claim, transferring the case to the court of arbitration, complete or partial abandonment of the stated claims and admission of the claim, changing subject matter or ground of the claim, conclusion of an amicable agreement, agreement on mediation procedure or mediation agreement, transfer of his powers to another person (delegation), appealing against a judicial act, signing of a statement on revision of a judicial act that has entered into legal force upon newly discovered evidence, requesting the enforcement of judicial acts, receipt of the awarded property or money.
The powers of the representative to perform the actions specified in this article shall be specially provided in the power of attorney issued by the represented person.
Article 64. Verification of powers of the persons participating in the case and their representatives
The court is obliged to check the powers of persons participating in the case and their representatives.
On the basis of examination of the documents submitted to the court, the court shall decide the issue about recognition of the powers of the persons participating in the case and their representatives, and on admission thereof to participation in the court session. The data from the documents confirming the powers of the persons are entered into the minutes of the court session and, if necessary, their copies are attached to the case file.
In case of a failure of a person participating in the case or his representative to present the necessary documents confirming the powers or presentation of documents which do not correspond to the requirements of the legislation, the court shall refuse to recognize the powers of a respective person on participation in the case, concerning which a record shall be made in the minutes of the court session.
Article 65. Persons who may not be representatives at the court
Persons not possessing full legal active capacity or remaining under trusteeship or guardianship may not be representatives at the court.
Judges, investigators, public prosecutors, interrogating officers, workers of the apparatus of the court may not be representatives at the court. This rule does not cover cases, when the mentioned persons act in proceedings as authorized persons of the corresponding courts, office of the public prosecutor, or legal representatives.
Persons who participated in the mediation procedure as a mediator in connection with the same dispute may not be representatives at the court, with the exception of cases provided for by law and mutual consent to the subject participation.
Chapter 7. Evidence and proving
Article 66. Concept and forms of evidence
Evidence in a case shall consist of information about facts obtained in the manner provided for by this Code and other laws, on the basis of which the court determines the existence or non-existence of circumstances justifying the claims and objections of the persons participating in the case, as well as other circumstances of relevance for the correct resolution of the dispute. Such information shall be established by material, written, and digital evidence, expert opinions, the advice (explanations) of specialists, the testimony of witnesses, and the explanations of the persons participating in the case.
It is not allowed to use evidence obtained in violation of law.
Article 67. Proving
Proving shall consist of collection, examination, verification and evaluation of evidence in order to establish the circumstances that are relevant to the consideration of the case on its merits.
Article 68. Duty of proving
Each person participating in the case must prove those circumstances to which he refers as to justification of his demands and objections.
At consideration of a case on application of measures of legal enforcement action against legal persons and citizens (hereinafter — enforcement action), the duty of proving the circumstances that are the basis for the application of enforcement action shall be imposed on the control authority.
Each person participating in the case must disclose evidence on which he refers as a ground for his demands and objections before other persons participating in the case prior to the beginning of court proceeding or within the time limit established by the court, unless otherwise established by this Code.
The persons participating in the case shall be entitled to rely only on the evidence with which other persons participating in the case were familiarized in advance.
If a party withholds the evidence requested by the court and does not submit it at the request of the court within the time period established by the court, it shall be assumed that the information contained in it is directed against the interests of this party and recognized by it as such.
Article 69. Presentation and requesting of evidence
Evidences shall be presented by the persons participating in the case.
If the court considers the available evidence to be insufficient, it may propose to submit additional evidence important for establishing the objective circumstances of the case and the correct settlement of the dispute.
A person participating in the case, who has no possibility to independently obtain the necessary evidence from a person participating or not attracted for the participation in the case, who possesses the evidence, is entitled to submit a petition to the court on requesting this evidence. The petition must specify what circumstances important for settlement of the case can be established by this evidence, designate the evidence, and indicate the place of its location.
A ruling shall be made based on the results of consideration of the petition on requesting the evidence.
The ruling on the satisfaction of the petition on requesting the evidence shall indicate the time limit and the order of presenting the evidence. The ruling shall be directed to the person who possesses the evidence requested by the court.
The person who possesses the evidence requested by the court shall send it directly to the court or hand out to the person having the respective ruling for further transfer to the court.
If the person from whom the court requests the evidence has no possibility to present it in general or has no possibility to present it within the time limit established by the court, he is obliged to notify the court about the fact with indication of the reasons thereof within this time limit.
In case of non-execution of the request on submission of the requested evidence for the reasons recognized by the court to be invalid, the person who possesses the evidence shall be imposed a court fine in the manner prescribed by chapter 14 of this Code.
In the instance of imposing a court fine the person who possesses the evidence being requested is not released from the duty to present it to the court.
Article 70. Inspection and examination of evidences in the location thereof
The court is entitled to inspect and examine evidence in the location thereof, in case it is impossible or difficult to deliver them to the court, as well as if this material evidence may be exposed to fast spoilage.
A ruling shall be issued on making an inspection and examination of evidence in the location thereof.
If necessary, persons assisting in execution of justice may be attracted to participation in the inspection and examination of evidence in the location thereof.
Inspection and examination of material evidence exposed to fast spoilage may be performed by the court immediately without notification of the persons participating in the case.
During the process of direct inspection and examination of material, written, and digital evidence at their location, the court shall draw up minutes in the manner established by Article 201 of this Code.
To preserve the evidence, along with drawing up a minutes, audio- and video recording, photography, copying, plans, diagrams and other methods of displaying information may be used. The use of these methods of preserving the evidence shall be reflected in the minutes, and materials reflecting the information shall be attached to the minutes.
Article 71. Relevance of evidence
The court shall accept only that evidence which is relevant to the case.
If the presented evidence is not relevant to the case under consideration, it shall not be attached to the case materials, and its rejection as evidence shall be reflected in the judicial act.
Article 72. Admissibility of evidence
The circumstances of the case, which, according to the law, must be confirmed by certain evidence, may not be confirmed by other evidence.
Article 73. Grounds for dispensation with the burden of proof
The circumstances of the case recognized by the economic court to be well known shall not be subject to proving.
The circumstances which have been established by economic court judgment on which has entered into force on a case considered earlier shall not be subject to proving again during consideration by the court of another case in which the same persons participate.
A judgment of a court on a civil case or an administrative court judgment which has entered into force shall be binding on an economic court considering another case on issues about circumstances established by the judgment of the court on a civil case or the administrative court judgment and related to the persons participating in the case.
A verdict of a criminal court which has entered into force shall be binding on the economic court on the issues of whether certain actions took place and by whom they were committed.
Article 74. Assessment of evidence
The court shall assess the evidence according to its internal conviction based on the all-round, complete and objective consideration at the court session of all circumstances of the case in combination, guided by law.
Each evidence shall be subject to assessment from the point of view of its relevance, admissibility, and veracity, and a combination of evidence — from the point of view of sufficiency thereof.
Evidence shall be recognized to be authentic if as a result of examination thereof it is established that it complies with the reality.
No evidence shall have any preset weight for the court.
The court shall not consider proven the circumstances confirmed only by a copy of a document or other written evidence, if the original of the document was lost and not presented to the court, and the copies of this document submitted by each of the disputing parties are not identical, and it is impossible to establish the true content of the document using other evidence.
Article 75. Written evidence
Written evidence is acts, contracts, references, business correspondence, other documents and materials containing the data on the circumstances having importance for the case, including those received by means of facsimile, electronic or any other communication, or in another way, allowing establishing the authenticity of the document.
Written evidence shall be presented in the original or in the form of a properly certified copy thereof. If only a part of the document refers to the considered case, a certified excerpt wherefrom may be presented.
Original documents shall be presented if the circumstances of the case are, in accordance with the legislation, to be confirmed only by such documents, and also in other cases on demand of the court.
Written evidence made fully or in part in a foreign language must be accompanied by its duly certified translation.
A document received in a foreign country shall be recognized in court as written evidence if it is legalized in the manner prescribed by law.
A document received in a foreign country shall be recognized in court as written evidence without its legalization in cases provided for by an international treaty of the Republic of Uzbekistan.
Article 76. Return of original documents
Original documents available in the case may, upon a request of the persons who have presented them, be returned to these persons after the entry into force of the court judgment, and if the court concludes that the return is possible without any damage to correct settlement of the dispute — in the course of the proceedings on the case before the entry into force of the judgment. Simultaneously with the petition for return of the original document, the said persons shall present a duly certified copy of the original document or petition for the court to certify the copy remaining in the case to be true.
Article 76¹. 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 76². 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 77. Material evidence
Material evidence are objects which by their appearance, internal properties and content, location or other attributes can serve as means for establishing the circumstances which are important for the case.
Article 78. Safekeeping of material evidence
Material evidence shall be kept at the court.
Material evidences which cannot be delivered to the court shall be kept in their location. They shall be described in detail and, if necessary, sealed, filmed on photo or video.
The court and the keeper shall take measures for preservation of material evidence in their unchanged condition.
Expenses on safekeeping material evidence are distributed among the parties according to the rules established by article 118 of this Code.
Article 79. Return of material evidence
Material evidence shall, after entry into force of the court judgment, be returned to the persons from whom they have been obtained, or transferred to the persons for whom the court has recognized the right to these objects, or disposed under other procedure established by the court.
In some cases, after inspection and examination of material evidence by the court, they may be returned, upon petition of the persons from whom they have been received, back to them in the course of the proceedings on the case, if the court comes to a conclusion that satisfaction of such petition is possible without any damage to the correct settlement of the dispute.
The court shall issue a ruling on the issues about the return of material evidence.
Objects, which according to the legislation may not remain in possession of individual persons, shall be transferred to respective organizations.
Article 80. Expert examination
For clarification of issues arising at consideration of the case, which demand special knowledge in the field of science, engineering, arts or craft, on petition or consent of the persons participating in the case, the court shall appoint an expert examination. In the event that the appointment of an expert examination is prescribed by law or provided for by a contract, or it is necessary to verify a statement on falsification of the presented evidence or if an additional expert examination is necessary, the court may appoint an expert examination on its own initiative.
The list of issues on which the expert examination must be made shall be established by the court. Persons participating in the case are entitled to present to the court the questions which shall be explained in the course of the expert examination. Rejection of the questions presented by the persons participating in the case must be justified by the court.
The persons participating in the case are entitled: to petition for the involvement of the persons indicated by them as experts or for the conduct of the expert examination in a specific expert institution, to challenge an expert; to petition for inclusion in the ruling on the appointment of an expert examination of additional questions posed to an expert; to give explanations to an expert; to get acquainted with expert's opinion or message about the impossibility to give an opinion; to petition for an additional or repeat expert examination.
The court shall issue a ruling on appointment of an expert examination or on rejection of the petition about its appointment.
A ruling on the appointment of an expert examination shall indicate: the grounds for the appointment of an expert examination; surname, name and patronymic of the expert or the name of the expert institution in which the expert examination is to be carried out; questions posed to the expert; materials and documents provided to the expert; the period during which the expert examination must be carried out and the conclusion submitted to the court.
If a party on the case refuses to take part in holding the expert examination, fails to provide necessary documents and objects for examination to the experts, and in other cases, if on the circumstances of the case and without the participation of this party, it is impossible to hold the expert examination, the court is entitled, depending on the fact which of the parties evades from examination and what importance it has for this party, to recognize the fact for explaining of which the examination has been appointed, to be considered either established or rejected.
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 81. Order of carrying out expert examination
An expert examination may be performed in the court session or outside the session if it is required by the nature of the examination or impossibility to deliver the materials for examination to the court session. The persons participating in the case are entitled to be present at carrying out of the expert examination, with the exception of the cases, when such presence can prevent a normal work of the experts.
Article 82. Additional and repeat expert examination
In case of incompleteness of the opinion of an expert (expert commission), the court is entitled to appoint an additional expert examination which shall be performed by the same or another expert (expert commission).
A repeat expert examination shall be appointed when the opinion of an expert (expert commission) is unsubstantiated or its correctness is doubted, or materials used as a basis for it are recognized to be untrue, or the rules of performing the expert examination have been breached.
At appointing a repeat expert examination, an expert (expert commission) may be asked about the scientific validity of previously applied examination methods.
A ruling on the appointment of a repeat expert examination must contain the reasons for disagreement of the court that ordered the repeat expert examination with the opinion of the first (previous) expert examination.
The repeat expert examination shall be carried out by another expert (expert commission). The expert (expert commission) who performed the first (previous) expert examination may be present during the repeat expert examination and give explanations, but he cannot participate in the examination and drawing up an opinion.
Article 83. Performance of a commission expert examination
An expert examination can be carried out by several experts of the same (commission examination) or different forensic specialties (complex examination).
The conduct of an examination by a commission of experts is determined by the court that ordered the examination, or by the head of the state forensic institution, non-state forensic organization or other enterprise, institution, or organization organizing the production of this examination.
The expert commission, which is appointed to perform the expert examination, shall agree on the goals, sequence and scope of the upcoming examination based on the need to resolve the issues posed to it.
As part of an expert commission, which is appointed to perform the expert examination, each expert shall independently and individually conduct examination, evaluate the results obtained by him personally and other members of the commission and form opinions on the posed questions within the limits of his specialized knowledge.
The persons who are not included in the composition of the expert commission are not allowed to perform expert examination in whole or in part.
Article 84. Commission expert examination
At conducting a commission expert examination, each of the experts shall conduct the examination in whole, and they shall jointly analyze the results obtained. Having come to a common opinion, the experts shall draw up and sign a joint opinion or a statement on the impossibility of giving an opinion.
Should any disagreements arise among the experts, each of them shall give a separate opinion on the all or certain issues that have caused the disagreements.
Article 85. Complex expert examination
A complex expert examination shall be appointed if it is possible to draw a conclusion important for the case only through performance of several expert examinations with the use of different branches of knowledge.
At performing an expert examination each expert shall perform the research within the limits of his competence. The opinion of the complex expert examination shall indicate what particular research and in what volume have been made by each expert, what facts he has established, and what conclusions he has come to. Each expert shall sign that part of the opinion which contains the description of the research made by him and shall bear responsibility for it.
The general conclusion (conclusions) shall be made by the experts competent of assessing the obtained results and formulation of the conclusion (conclusions). If the basis for the final opinion of the commission of experts or its part are the facts established by one of the experts (individual experts), this shall be indicated in the opinion.
Should any disagreements arise among the experts, each of them shall give a separate opinion on the all or certain issues that have caused the disagreements.
If the production of a comprehensive 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 86. Opinion of the expert or expert commission
After performing the research, an expert or an expert commission shall draw up an opinion certified by the signature, respectively, of the expert or each expert who is a member of the expert commission.
The opinion shall reflect: the date and place of the expert examination; the grounds for conducting the expert examination; information about the judge who appointed the expert examination; information about the expert (surname, first name, patronymic, education, specialty, work experience, academic degree, academic title, position held) and the organization entrusted with conducting the expert examination; the fact that the expert was warned of criminal liability for knowingly giving a false opinion, and, when a case is considered in a closed court session, for disclosing information and details of the closed court session without the permission of the court; the questions put before the expert; the objects of examination and case materials submitted to the expert; information about the persons present during the expert examination; the content and results of the examinations, indicating the methods applied, as well as by whom these examinations were conducted if a commission of experts operated; the evaluation of the results of the examinations and the reasoned answers given to the questions put forward; and the circumstances of relevance to the case established on the initiative of the expert.
Materials illustrating the conclusion and its results are attached to this conclusion and serve as an integral part of it. Materials documenting the course, 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 must contain a justification for refusing to answer some of the questions posed if the insufficiency of the presented objects of examination, materials or specialized knowledge of the expert have been revealed in the course of the research.
At the completion of the researches, the opinion, the objects of examination and the materials of the case file shall be directed to the court that appointed the expert examination.
The opinion shall be investigated at the judicial session and assessed alongside with other evidence.
Article 87. Consultations (explanations) of specialist
A specialist shall give consultations (explanations) to the court in oral or written form.
Consultations of the specialist given in a written form shall be announced and investigated at the court session and adducted to the materials of the case. Consultations of the specialist given in oral form shall be entered into the minutes of the court session (procedural action).
In order to clarify and supplement the given consultation, the specialist may be asked questions.
Article 88. Witness testimony
At the petition of the person participating in the case, the court may summon a witness to give testimony at the court session.
A person petitioning to summon a witness is obliged to specify to the court the circumstances important for the case which the witness can confirm, and also his surname, name, patronymic and residence.
A witness shall provide the court with information and circumstances on the case known to him orally. Upon the proposal of the court, the witness may give his testimony in writing.
Information provided by a witness shall not be an evidence if he cannot indicate the source of his knowledge.
Article 89. Explanations of persons participating in the case
Explanations of the persons participating in the case about the circumstances known to them and important for the case, are subject to examination and assessment along with other evidence. Upon proposal of the court, the person participating in the case may provide his explanations in writing.
Recognition by the person participating in the case of the facts on which the other person substantiates its demands or objections is not binding for the court.
The court is entitled to consider a recognized fact to be established if it has no doubts that the recognition of the fact meets the circumstances of the case and has not been made under the influence of misrepresentation, violence, threat, error, or with the aim to conceal the truth.
Article 90. Securing of evidence
The persons having grounds to be afraid that presentation of the necessary evidence would become impossible or hampered, may submit a statement about securing these evidence to the court which has accepted the case to proceedings.
The statement about securing evidence must indicate the evidence that must be secured, the circumstances for the confirmation of which this evidence is needed, the reasons which have made the complainant to submit the statement about securing the evidence.
The statement about securing the evidence shall be considered in the manner prescribed in article 96 of this Code.
Article 91. Court commissions
In case of necessity to obtain the evidence located in the territory of another district or city, the court that is considering a case is entitled to commission a respective court to perform certain procedural actions.
The ruling about a court commission shall specify summary of the considered case, the circumstances to be found out, the evidence that the court being commissioned must collect.
A ruling about the court commission is binding for the court to which the commission is given, and shall be executed within the time limit of not more than fifteen days from the day of receipt of the ruling.
Article 92. Order of execution of the court commission
A court commission shall be executed in the court session under the rules established by this Code. The persons participating in the case shall be informed on the time and place of holding the session, however their non-appearance shall not preclude the holding of the session.
A ruling shall be issued about execution of a court commission which shall be sent immediately with all the materials to the court that is considering the case.
Persons participating in the case, witnesses who have given explanations or testimonies to the court executing the commission, in the event of their participation in the session of the court considering the case, shall give explanations and testimonies per standard procedure.
Chapter 8. Securing the claim
Article 93. Grounds for securing the claim
Grounds for taking measures to secure the claim shall be statements of persons participating in the case.
Securing the claim is allowed at any stage of the economic proceedings, where a failure to take measures to secure it can complicate or make impossible the execution of the judicial act.
In cases related to pecuniary sanctions in favor of the state, the court, upon a petition of the plaintiff, shall be obliged to take measures to secure the claim.
At considering a claim for compensation for losses caused to a business entity as a result of the adoption of an unlawful act of a state body, self-government body of citizens or committed illegal actions (inaction) by their officials, the court, upon a petition of the plaintiff, shall be obliged to take measures to secure the claim.
Measure on securing the claim being considered by a court of arbitration may be taken by the economic court upon a petition of a party of the arbitration proceedings.
Interim measures of protection for a claim considered in an arbitration court may be taken by an economic court at the request of a party to the arbitration proceedings.
Article 94. Measures to secure the claim
Measures to secure the claim may be:
1) seizure of property or money belonging to the respondent;
2) prohibiting the respondent from taking certain actions;
3) prohibiting other persons from taking certain actions concerning the subject of the dispute;
4) suspension of collection under an executive or other document contested by the plaintiff, according to which collection is executed in an uncontested (acceptance-free) manner;
5) suspension of the sale of property in case of consideration of a petition for releasing it from arrest;
6) imposing on the respondent the obligation to perform certain actions in order to prevent damage or deterioration of the disputed property;
7) transfer of disputed property to a third party (custodian).
The court is entitled to take other measures and several simultaneous measures to secure the claim.
Measures to secure a claim must be proportionate to the statement of claim.
At taking measures to secure the claim, the court is entitled to, at the petition of the respondent, take measures to ensure compensation for possible losses for him.
Article 95. Petition to secure the claim
A petition to secure the claim may be submitted to the court simultaneously with a statement of claim or in the course of proceedings on the case.
The petition to secure the claim must specify:
1) name of the court to which the petition is submitted;
2) names (surname, name and patronymic) of the parties, their location (postal address) and place of residence;
3) the subject of the dispute;
4) justification of the need to take measures to secure the claim;
5) the type of the measure to secure the claim requested by the plaintiff;
6) list of attached documents.
The petition to secure the claim may also specify other data.
The petition to secure the claim shall be signed by the plaintiff or his representative.
A power of attorney or other document confirming the authority to sign the petition shall be attached to the petition signed by the representative.
The petition to secure the claim may be presented in a statement of claim.
In the event the petition to secure the claim has been presenting in a statement of claim, this petition must contain the information provided for in items 4 and 5 of part two of this article.
The petition to secure the claim that is considered in a court of arbitration shall be accompanied by document confirming the presentation of the claim to the court of arbitration.
Article 96. Consideration of petition to secure the claim
A petition to secure the claim that is presented in a statement of claim shall be considered by the court simultaneously with deciding the issue of accepting the statement of claim to proceedings and initiating a case without notifying the persons participating in the case.
If a petition to secure the claim is presented in the course of a court session, it must be considered at the same session.
If a petition to secure the claim is presented in the course of a proceedings on the case, it shall be considered no later than the day following the day of its receipt without notification of the persons participating in the case.
On results of consideration of the petition for securing the claim, the court shall issue a ruling, copy of which is sent to the persons participating in the case.
A ruling to secure the claim or to refuse securing the claim may be appealed against (protested). The submission of an appeal (protest) may not suspend the execution of the ruling.
The petition for securing the claim being considered by a court of arbitration shall be considered no later than the day following the day of its receipt without notification of the persons participating in the case.
Article 97. Replacement of one measure of securing the claim for another
One measure of securing the claim may be replaced with another.
Replacement of a measure of securing the claim may be executed upon the petition of a person participating in the case by the court considering the case.
The issue of replacing a measure of securing the claim shall be resolved in the court session.
The persons participating in the case shall be notified of the time and place of holding the court session in the manner prescribed by article 127 of this Code. However, their failure to appear shall not preclude the consideration of the issue of replacing the measure of securing the claim.
A ruling shall be made on the results of considering the issue of replacing the measure of securing the claim.
A ruling on replacing or refusing the replacement of measure of securing the claim may be appealed against (protested). The submission of an appeal (protest) may not suspend the execution of the ruling.
At securing a claim for the recovery of monetary means, the respondent shall be entitled to, instead of taking the established measures of securing the claim, deposit the sum claimed by the plaintiff to the court's deposit account.
Article 98. Execution of ruling on securing the claim
The ruling on securing the claim shall be executed immediately under the procedure provided for execution of judicial acts.
For non-execution of the ruling on securing a claim, a person who is charged by the court with the obligation to execute it shall be subject to a court fine in accordance with the procedure established by chapter 14 of this Code.
Article 99. Cancellation of measures of securing the claim
Measures of securing the claim upon a petition of the person participating in the case may be cancelled by the court considering the case. The issue of cancellation of measures of securing the claim shall be resolved in the court session.
The persons participating in the case shall be notified of the time and place of holding the court session in the manner prescribed by article 127 of this Code. However, their failure to appear shall not preclude the consideration of the cancellation of measures of securing the claim.
A ruling shall be made on the results of consideration of the issue on cancellation of measures of securing the claim.
A copy of the ruling shall be sent to the persons participating in the case no later than the day following the day of its adoption.
When the claim is satisfied, the measures of securing the claim shall remain till the actual execution of the judicial act.
When the claim is refused, left without consideration or the proceedings on the case are terminated, the measures of securing the claim shall remain till the entry into legal force of the corresponding judicial act. However, the court is entitled to issue a ruling, simultaneously with adoption of the stated acts or after their adoption, on cancellation of the measures of securing the claim.
The ruling of a court of arbitration on refusal to satisfy the claim shall be the basis for the cancellation of the measures of securing the claim by the economic court.
An arbitration decision to refuse to satisfy claims is the basis for the economic court to cancel interim measures.
The ruling on the cancellation of measures of securing the claim may be appealed against (protested).
Article 100. Compensation of losses caused to the respondent by securing the claim
The respondent is entitled to, after the entry into legal force of the judgment on refusal of the claim, claim from the plaintiff compensation of the losses caused to him by securing the claim by presenting the claim to the same court.
Chapter 9. Suspension of proceedings on the case
Article 101. Duty of the court to suspend the proceedings on the case
The court is obliged to suspend the proceedings on the case in the following cases:
1) impossibility to consider the case prior to making a judgment on another case or on an issue considered by the Constitutional Court of the Republic of Uzbekistan, civil court, criminal court, administrative court or economic court, and also on which investigative actions are carried out;
2) stay of the citizen — respondent in an operating unit of the Armed Forces of the Republic of Uzbekistan or stating a respective petition by the citizen — plaintiff who stays in an operating unit of the Armed Forces of the Republic of Uzbekistan;
3) death of a citizen being a person participating in the case, if a disputed legal relationship allows legal succession;
4) loss by a citizen who is a person participating in the case of the active legal capacity;
5) submission by a party to the competent authority of a petition to cancel or suspend the execution of a judgment of a foreign court or arbitral award, the recognition and enforcement of which is considered by the court;
6) conclusion of an agreement on the mediation procedure.
Article 102. Right of the court to suspend the proceedings on the case
The court is entitled to suspend the proceedings on the case in the following cases:
1) appointment of an expert examination by the court;
2) reorganization of a legal person, being the persons participating in the case;
3) attraction of the citizen, who is a person participating in the case, for execution of a state duty;
4) directing in the prescribed manner to the courts of foreign states of court commissions on the performance of certain procedural actions necessary for settlement of the dispute on its merits.
Article 103. Terms of suspending the proceedings on the case
The proceedings on the case shall be suspended in the cases provided for:
1) item 1 of article 101 of this Code — until the entry into legal force of a judicial act of the relevant court or until the completion of investigative actions;
2) items 2 and 5 of article 101, items 3 and 4 of article 102 of this Code — until the elimination of the circumstances that served as the basis for the suspension of the proceedings;
3) items 3 and 4 of article 101 and item 2 of article 102 of this Code — until the determination of the legal successor of the person participating in the case, the appointment of a representative to the legally incapable person, state registration of the newly formed legal person;
31) item 6 of article 101 of this Code — until the end of the mediation procedure, but no more than sixty days;
4) item 1 of article 102 of this Code — until the receipt by the court of an expert opinion.
Article 104. Legal consequences of the suspension of the proceedings on the case
At the suspension of the proceedings on the case, the running of the terms established by this Code or other acts of legislation or appointed by the court shall be suspended.
Until the renewal of the proceedings on the case, the court is not entitled to perform any procedural actions, with the exception of actions aimed at securing the claims and evidence.
Article 105. Renewal of the proceedings on the case
The proceedings on the case shall be renewed after elimination of the circumstances which have caused its suspension.
Article 106. Order of suspension and renewal of the proceedings on the case
The court shall issue rulings on suspension of the proceedings on the case, on the renewal thereof or on refusal to renew it.
A copy of the ruling shall be directed to the persons participating in the case.
Rulings on suspension of the proceedings on the case or on refusal to renew it may be appealed against (protested).
Chapter 10. Leaving a statement of claim without consideration
Article 107. Grounds for leaving a statement of claim without consideration
The court shall leave a statement of claim without consideration if:
1) in the proceedings of a civil court, an economic court, an arbitration court, there is a case on a dispute between the same persons, on the same subject and on the same grounds;
2) there is an agreement of the persons participating in the case on the transfer of this dispute to the arbitration and the possibility of applying to the arbitration is not lost and if the respondent objecting to the consideration of the case in the economic court, no later than his first statement on the merits of the dispute will file a petition for the transfer of the dispute to the arbitration;
3) the statement of claim is not signed or signed by the person, who has not been authorized to sign it, or by the person whose official position or surname and initials were not specified;
4) the plaintiff has not approached to a bank or other credit organization for collecting a debt from the respondent, when, according to the legislation or a contract, it must be collected through a bank or other credit organization;
5) the plaintiff has failed to observe the pre-trial (complaint) order of settling the dispute with the respondent, if it has been established by the legislation for the given category of disputes, or by a contract;
51) the plaintiff has failed to observe the order of settling the dispute with the respondent by the mediation procedure, if it has been established by the legislation for the given category of disputes, or by a contract;
52) the parties who have petitioned for mediation, after expiration of its term have failed to appear, without valid excuse, at the judicial session;
53) the parties have concluded a mediation agreement;
6) the plaintiff has failed to appear at the first court session without having stated for consideration of the case without his participation;
7) at consideration of a statement on establishing the facts, which have legal meaning, it has been found out that the dispute about a right has arisen;
8) the plaintiff has refused the claim which was brought in his interests by the public prosecutor, state body or other person;
9) a bankruptcy case has been initiated against the respondent and the claim brought against the respondent, according to law, is subject to consideration under the bankruptcy case.
Article 108. Order of leaving a statement of claim without consideration
The court shall make a ruling on leaving the statement of claim without consideration.
The ruling of the court may resolve the issues concerning distribution of court expenses between the persons participating in the case and concerning the return of the state duty from the budget.
A copy of the ruling shall be sent to the persons participating in the case.
The ruling on leaving the statement of claim without consideration may be appealed against (protested).
Article 109. Consequences of leaving a statement of claim without consideration
After elimination of the circumstances which have served as the grounds for leaving the statement of claim without consideration, the plaintiff shall have the right to submit again to the court a statement of claim under general procedure.
Chapter 11. Termination of the proceedings on the case
Article 110. Grounds for termination of the proceedings on the case
The court shall terminate the proceedings on the case, if:
1) the case is not under the jurisdiction of the economic court, the civil court or the administrative court;
2) there are entered into legal force judgments of a civil court, economic court or a competent foreign court adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the economic court has refused the recognition and enforcement of the judgment of the foreign court;
3) there is an entered into legal force award of a court of arbitration adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the cases, when the economic court has refused to issue the court order on enforcement of this award;
31) there is an arbitration award that has entered into legal force, adopted on a dispute between the same persons, on the same subject and on the same grounds, with the exception of cases where the economic court refused to recognize and enforce the arbitration award;
32) if there is a court ruling on the issuance of a writ of execution 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;
4) the legal person, which is a party on the case, has been liquidated;
5) a disputed legal relationship, after the death of the citizen being a party on the case, does not allow legal succession;
6) the plaintiff has refused the claim, and the refusal has been accepted by the court;
7) an amicable agreement has been concluded, and it has been approved by the court;
8) the plaintiff has failed to observe the pre-trial (complaint) order of settling the dispute with the respondent, if it has been established by the legislation for the given category of disputes or by a contract between parties and the possibility of such settlement has been lost;
9) insufficient materials has been collected to restore the lost judicial or enforcement proceedings.
Article 111. Order and consequences of termination of the proceedings on the case
The court shall issue a ruling on termination of the proceedings on the case.
The court ruling shall specify the grounds for termination of the proceedings on the case and resolve issues concerning the return of the state duty from the budget, in the instances provided by item 1 of article 110 of this Code, and distribution of the court expenses among the parties.
Copies of the ruling shall be sent to the persons participating in the case.
The ruling on termination of the proceedings of the case may be appealed against (protested).
In case of termination of the proceedings on the case, a secondary resort to the court on the dispute between the same persons, on the same subject matter, and on the same grounds is not allowed.
Chapter 12. Court expenses
Article 112. Composition of court expenses
Court expenses consist of the state duty and court expenses related to consideration of the case.
Article 113. State duty
The grounds and procedure for payment of state duty, procedure for deferral of payment or payment in installments, exemption from payment and procedure for return of the state duty are established by law.
Article 114. Amount of the claim
The amount of the claim is determined on claims:
1) on collecting monetary means, based on the claimed sum;
2) on declaration of property rights, based on the value of the property;
3) on recognition as not enforceable of an execution document or another document, on which collecting shall be made in the uncontested (acceptance-free) order, based on the disputed sum;
4) on vindication of the property, based on the value of the property;
5) on vindication of a land plot, based on the value of the land plot at the established price, and if this price is not available — at the market price.
The amount of the claim shall also include sums of the penalty specified in the statement of claim.
The amount of the claim consisting of several independent claims shall be determined by the sum of all claims.
In case of incorrect indication of the amount of the claim, it shall be determined by the court.
Article 115. Return of state duty
State duty is refundable in cases established by law.
The judicial act shall indicate the circumstances that are the grounds for the full or partial return of state duty.
Reimbursement of state duty shall be made on the basis of a certificate issued by the court on claims (applications), appeals or cassation complaints, which have been paid but not received by the court or returned by this court, and on court documents providing for full or partial refund of state duty.
Article 116. Court costs
Court costs consist of postage costs associated with sending court notices and judicial acts, sums of money payable for the performed expert examination appointed by the court, summoning witnesses, performing inspection of evidence in the location thereof, expenses related to holding a court session via videoconferencing, and also other expenses related to the consideration of the case.
The amount of postage cost shall be determined by the court, but should not exceed one tenth of the base calculated value and must be paid to the deposit account of the court by the person who has submitted the statement of claim (statement, complaint).
The amount of costs associated with holding a court session in the videoconference mode shall be determined by the court and collected from the persons participating in the case, based on the results of the consideration of the case in accordance with article 118 of this Code.
Article 117. Payment of sums due to experts, specialists, witnesses and interpreters
Experts, specialists, witnesses and interpreters shall be refunded their expenses on travel and accommodation, incurred by them in connection with appearance to the court, they are also paid their daily allowance.
Experts and specialists shall receive remuneration for the work executed by them on the commission of the court, unless executed work is part of their official duties.
Sums of money due to witnesses, interpreters, specialists and experts shall be paid to deposit account of the court in advance by the person participating in the case that has moved the petition. If the petition has been stated by both parties, sums of money shall be paid by the parties in equal shares. If the expert examination has been appointed on the initiative of the court, payment of necessary sum of money shall be paid to the expert by the court from deposit account. These sums shall be collected from the persons participating the case in accordance with article 118 of this Code, and credited to the court's deposit account. Sums of money due to experts, specialists, witnesses and interpreters shall be paid by the court after execution by them of their duties.
The order of payment and amounts of the sums of money subject to payment are established by the legislation.
Article 118. Distribution of the court expenses
Court expenses shall be charged to the persons participating in the case, in proportion to the sums of satisfied claims.
The party in favor of which the judgment was made shall be reimbursed at the expense of the other party for all court expenses incurred in the case, even if this party was exempted from paying state duty.
The state duty from payment of which the plaintiff has been exempted in the established order, shall be collected from the respondent and credited to the republican budget proportionally to the amount of satisfied stated claims, unless the respondent has been exempted from payment thereof.
If the case has arisen as a result of violation by a person participating in the case of the pre-trial (claim) procedure for resolving a dispute with the respondent, provided for by law for this category of disputes or by a contract (leaving a claim unanswered, not sending the requested documents), the court has the right to charge this person with court expenses regardless of the outcome of the case.
If the respondent voluntarily satisfies the claims of the plaintiff after the latter's submission of the claim to the court, the court expenses shall be covered by the respondent.
If the plaintiff had reasonably stated a claim for the recovery of a penalty, but its amount was reduced by the court in accordance with the right granted to him by law, the court expenses shall be charged to the respondent based on the amount of the penalty that would have been subject to recovery without taking into account its reduction.
In case of refusal to satisfy or partial satisfaction of claims brought by state bodies and other persons exempted from paying state duty in the interests of legal persons and citizens, the state duty shall be collected from the persons in whose interests the claim is brought, in proportion to the part of the claim satisfaction of which has been denied.
Upon agreement of the persons participating in the case on distribution of the court expenses, the court shall make its judgment in accordance with this agreement.
The court costs incurred by the persons involved in the case in connection with the filing of an appeal, cassation appeal shall be distributed in accordance with the rules set forth in this article.
Chapter 13. Procedural time limits
Article 119. Establishment and calculation of procedural time limits
Procedural actions shall be performed within the limits established by this Code and other legislative acts, and in cases when the procedural time limits have not been established, they shall be fixed by the court.
The terms for fulfillment of procedural actions are determined by a calendar date, by indication of an event which will necessarily occur, or by a time period during which an action may be accomplished.
The procedural time limits are counted in years, months and days.
A procedural time limit that is counted in years, months and days begins on the next day after the calendar date or occurrence of the event, by which its beginning has been determined.
Article 120. End of procedural time limits
A procedural time limit computed in years expires in a respective month and date of the last year of the established time limit.
A procedural time limit computed in months expires on the corresponding day of the last month of the established time limit.
If the end of a procedural time limit computed in months falls on the month which has not the corresponding day, the time limit expires on the last day of this month.
A procedural time limit computed in days expires on the last day of the established time limit.
If the last day of a time limit is a non-working day, the next working day shall be deemed the day of the expiration of the time limit.
A procedural action may be accomplished till twenty four hours of the last day of the established time limit.
If the statement, complaint and other documents have been delivered to the post office, sent as electronic document, handed over to a relevant body or a person authorized to receive them before twenty four hours of the last day of the procedural time limit, the time limit deemed to be not missed.
If a procedural action shall be accomplished at the court or other organization, the time limits expires at the hour when the working hours of the court or the other organization come to the end or corresponding operations are terminated.
Article 121. Consequences of missing procedural time limits
The persons participating in the case shall lose a right to fulfill procedural actions with the expiration of procedural time limits established by this Code and other laws or the time limit fixed by the court. The expiration of a procedural time limit does not exempt the stated persons from execution of their duties.
Statements, complaints and other documents submitted upon the expiration of a procedural time limit, if a petition on restoration of the missed time limit has not been submitted or it has been refused, shall be returned to the persons who submitted them.
Article 122. Suspension of procedural time limits
Upon suspension of the proceedings on the case, the running of all non-expired procedural time limits shall be suspended. From the date of renewal of the proceedings on the case, the running of procedural time limits shall continue.
Article 123. Restoration of missed procedural time limits
Upon a petition of the person participating in the case, the court is entitled to restore the missed procedural time limit established by this Code and other laws, if it recognizes the reasons of missing thereof to be valid.
A ruling shall be made on the restoration of the missed procedural time limit or on refusal thereof.
A ruling on the refusal to restore the missed procedural time limit may be appealed against (protested).
Article 124. Extension of procedural time limits
Procedural time limits fixed by the court may be extended by the same court upon statement of the person participating in the case.
A ruling shall be made on the extension of the procedural time limit or on the refusal thereof.
Chapter 14. Court fines
Article 125. Imposition of court fines
Court fines are imposed by the court in the cases provided for by this Code.
Citizens are subject to a court fine in the amount of up to fifty times the base calculated value, legal persons — up to two hundred times the base calculated value.
Court fines imposed by the court on officials of state bodies, self-government bodies of citizens and other bodies and organizations are collected from their personal funds.
Court fines are credited to the revenue of the republican budget.
Article 126. Order of considering the issue of imposing a court fine
The issue of imposing a court fine on a person present at a court session shall be resolved in the same court session.
The issue of imposing a court fine on a person who is not present at the court session shall be resolved in another court session. The person in respect of whom the issue of imposing a court fine is being considered shall be notified of the time and place of the court session in the manner prescribed by article 127 of this Code. The failure to appear of the duly notified person shall not preclude the consideration of the issue of imposing a court fine.
A ruling shall be made based on the results of considering the issue of imposing a court fine.
A copy of the ruling on the imposition of a court fine shall be sent to the person on whom the fine has been imposed.
The ruling on the imposition of the fine may be appealed against (protested).
Appealing against (protesting) the ruling on the imposition of a court fine shall not suspend the execution of the ruling.
Chapter 15. Judicial notifications and summons
Article 127. Order of sending judicial notifications and summons
The persons participating in the case shall be notified on the time and place of the court proceedings by means of court ruling which is sent by registered mail with acknowledgment of the receipt or handed over to them against receipt, or with the use of other communication means, which ensure fixation of the fact of notification. Other participants of the economic proceedings shall be notified or summoned to the court by means of court ruling, and when necessary, by means of subpoena, telegram, facsimile, teletype and other communication means.
Article 128. Proper notification
The persons participating in the economic proceedings shall be deemed to be properly informed, if by the beginning of the court session the court possesses the information about receipt by the addressee of the copy of the ruling or about his notification by other means provided for by this Code.
The participants of the economic proceedings shall also be deemed to be properly informed by the court, if:
the addressee has refused to receive a copy of the ruling, and such refusal has been fixed by documents;
a copy of the ruling directed by the court to the last known location (postal address) of the legal person, to the residence of a citizen has not been served due to the absence of the addressee at the specified address, on which fact there is a message of the communication body;
three days have elapsed from the day the court sent a copy of the ruling by e-mail or using other means of communication, which ensure fixation of the fact of notification.
Article 129. Change of address during the proceedings on the case
The persons participating in the case are obliged to inform the court on a change of their address during the proceedings on the case. In the absence of such message, a copy of the ruling shall be sent to the last address known to the court and shall be considered served, even if the addressee absent or does not reside any longer at this address.
If the persons participating in the case provided the court with telephone and fax numbers, e-mail addresses, they are obliged to inform the court about their change during the proceedings on the case in writing, including in the form of an electronic message.
Chapter 16. Conciliation procedure
Article 130. Conciliation of the parties
The court shall take measures for conciliation of the parties, assist them in settling disputes at all stages of economic proceedings.
Article 131. Conclusion of an amicable agreement or mediation agreement
The parties may settle the dispute by concluding an amicable agreement or mediation agreement.
An amicable agreement or mediation agreement may be concluded on any case of adversary proceedings.
An amicable agreement may be concluded by the parties at any stage of economic proceedings and in the course of executing a judicial act, and a mediation agreement — in a court of first instance before the court retires to a separate (deliberative) room for the adoption of a judicial act.
The amicable agreement shall be considered concluded after its approval by the court.
Article 132. Form and content of an amicable agreement
An amicable agreement shall be concluded in written form and signed by the persons who entered into the amicable agreement or their representatives.
An amicable agreement must contain the provisions agreed by the parties on the terms and conditions for the fulfillment of the obligations.
The fulfillment of obligations assumed by the parties under the conditions of the amicable agreement may not be made dependent on each other or on other events (actions).
An amicable agreement may contain conditions on the deferral of the fulfillment of obligations by the respondent or extension thereof, on the assignment of the right of claim, on the full or partial cancellation or acknowledgement of the debt, on the distribution of court expenses and other legitimate conditions.
If the amicable agreement does not contain a clause on the distribution of court expenses, the court shall resolve this issue when approving the amicable agreement under the general procedure, established by this Code.
An amicable agreement shall be drawn up and signed in the number of copies exceeding by one the number of persons who have concluded it. One of these copies shall be attached to the case file.
Article 133. Consideration of the issue of approval of the amicable agreement
The issue of approval of the amicable agreement shall be considered at the court session by the court considering the case. The persons participating in the case shall be notified on the time and place of holding the court session in the manner prescribed by article 127 of this Code.
Non-appearance of the persons properly informed on the time and place of holding the court session, shall not preclude the consideration of the issue of approval of the amicable agreement.
A ruling shall be made by the court on the approval of the amicable agreement, which shall declare the termination of the proceedings on the case.
In case of conclusion of an amicable agreement at the stage of execution of the judicial act, it shall be submitted for approval to the court of first instance that has considered the case.
The issue of approval of an amicable agreement that has been concluded at the stage of enforcement shall be considered within fifteen days starting from the day of its submission to the court in accordance to the rules provided for in parts one and two of this article.
The operative part of the ruling on approval of the amicable agreement shall specify the following:
1) conditions of the amicable agreement;
2) opinion on approval of the amicable agreement;
3) distribution of the court expenses;
4) information about termination of the case proceedings.
The concluding part of the decision of the court of appellate or cassation instance on the approval of the settlement agreement shall contain an instruction to annul all previously adopted court documents on the case, except for the information provided for in paragraph six of this article.
The operative part of the court ruling on the approval of the amicable agreement concluded at the stage of enforcement shall contain the conditions of the amicable agreement and the opinion on the approval of the amicable agreement.
A court document approving the settlement agreement may be appealed (protested).
An amicable agreement shall be executed by the persons who concluded it voluntarily and in the manner and within the time limits provided for by the agreement.
An amicable agreement approved by the court and which has not been executed voluntarily within the time limits specified by the agreement, shall be subject to enforcement according to the rules of section V of this Code on the basis of a writ of execution issued by the court at the petition of the person who entered into the amicable agreement, and with regards to the collection of the court expenses — at the initiative of the court.
Article 134. Refusal to approve an amicable agreement
The court shall refuse to approve an amicable agreement, if:
1) its conditions are contrary to the law;
2) its conditions affect the rights and legitimate interests of third parties;
3) it has been concluded under conditionality.
A ruling shall be made on the refusal to approve the amicable agreement.
Section II. Proceedings in court of first instance
Chapter 17. Court order
Article 135. Demands on which court orders are issued
A court order shall be issued by a single judge, if:
1) a demand has been stated on the collection of payable taxes on the property of legal persons and citizens;
2) a demand has been stated on the collection of debts for utility and communication services bills based on supporting documents;
3) a demand has been stated on the collection of debit indebtedness, based on its documented acknowledgment;
4) a demand is based on the protest of a bill for non-payment, non-acceptance and failure to date acceptance by a notary;
5) a demand has been stated on the recovery proceedings against movable property that is a performance security of the debtor, in the presence of a written transaction.
Article 136. Form and content of the statement on the issuance of a court order
A statement on the issuance of a court order shall be submitted to the court in writing according to the general rules of jurisdiction. It shall be signed by the creditor or his representative.
The statement shall specify:
1) name of the court to which the statement has been submitted;
2) name (surname, own name, patronymic) of the creditor, the debtor, their location (postal address) or residence;
3) the demand of the creditor with reference to the legislation;
4) the circumstances on which the demand is based and the evidence supporting it;
5) calculation of the sum subject to recovery and, in the case of recovery proceedings against movable property serving as performance security of the debtor, the description of the movable property subject to recovery and calculation of the sum of outstanding payments;
6) the period on which the debt subject to recovery was formed;
7) the list of the attached documents.
The statement may specify phone numbers, fax numbers, e-mail address of the creditor or his representative.
Article 137. Serving the debtor with a copy of the statement on the issuance of a court order
At submission of the statement on the issuance of a court order, the creditor is obliged to serve the debtor with a copy of this statement.
Article 138. Documents attached to the statement on the issuance of a court order
The statement on the issuance of a court order shall be accompanied by documents confirming:
1) the payment of the state duty and the postage in the prescribed order and amount;
2) the serving of the debtor with a copy of the statement on the issuance of a court order;
3) the circumstances on which the demands are based.
At stating the demand for the collection of utility bills, the statement on the issuance of a court order shall be also accompanied by copies of:
1) a contract with the consumer;
2) a calculation of debt, indicating the period in which the debt was formed, recognized by the debtor;
3) a demand on the debt repayment with a warning about the accrual of penalties and the disconnection of the consumer from the relevant utility networks;
4) a statement on disconnecting the consumer from the relevant utility networks or on restricting the supply to the level of technological or emergency standby reserve.
If the statement on the issuance of a court order has been signed by a representative of the creditor, a power of attorney confirming the powers of the representative shall be attached to it.
Article 139. State duty
A statement on the issuance of a court order shall be paid by a state duty in the amount of fifty percent of the rate calculated on the basis of the sum disputed under the submitted to the court claim under general procedure.
In case of refusal to accept the statement on the issuance of a court order, the state duty paid by the recoverer when he brought the claim to the debtor under general procedure, shall be set off against the state duty payable.
Article 140. Refusal to accept the statement on the issuance of a court order
The judge shall refuse to accept the statement on the issuance of a court order on the grounds provided for by article 154 of this Code, and also if the stated demand is not provided for by article 135 of this Code.
The judge shall issue a ruling on refusal to accept the statement no later than five days from the date of its receipt.
The ruling on refusal to accept the statement may be appealed against (protested).
Refusal to accept a statement on the ground that the stated demand is not provided for by article 135 of this Code shall not prevent the creditor from stating a claim on the same demand under general procedure.
Article 141. Return of the statement on the issuance of a court order
The judge shall return the statement on the issuance of a court order if:
1) the statement has been submitted in non-compliance with the requirements specified in article 136 of this Code;
2) the statement has not been signed or signed by a person who does not have the right to sign it, or by a person whose official position or surname and initials were not indicated;
3) the documents confirming the stated demand, as well as listed in article 138 of this Code have not been submitted;
4) proof of serving the debtor with a copy of the statement has not been presented;
5) the documents confirming the payment of the state duty and postage in the prescribed order and in the prescribed amount have not been submitted, and in cases where the law provides for the possibility of deferral or installment payment of the state duty, the petition thereof is absent or has been declined;
6) no documents confirming compliance with the pre-trial (claim) procedure for settlement of the dispute with the respondent, when it is provided for by law for this category of disputes or by a contract, have been submitted;
7) before the issuance of the court order, the creditor has submitted the statement on its return.
The judge shall issue a ruling on the return of the statement on the issuance of a court order on the grounds provided by items 1 — 6 of part one of this article no later than five days from the date of receipt of the statement by the court, and on the grounds provided by item 7 of part one of this article — no later than the next day after the receipt of the statement on the return of the statement on the issuance of a court order.
The ruling on the return of the statement on the issuance of a court order may be appealed against (protested).
The return of the statement on the issuance of a court order shall not preclude its repeat submission to the court under general procedure after the non-observances have been corrected.
Article 142. Objection to the statement on the issuance of a court order
The debtor is entitled to, within ten days from the day of serving on him of a copy of the statement on the issuance of a court order, submit to the court his objections against the demand of the creditor with attachment of the confirming documents.
A failure of the debtor to submit, within the established time limit, the objection, and also his consent to the stated demand shall constitute the grounds for the issuance of a court order.
An objection to the statement on the issuance of a court order shall be signed by the debtor or his representative. The objection signed by the representative shall be accompanied by a power of attorney.
Article 143. Order and time limit for the issuance of a court order
A court order shall be issued by a single judge without proceedings, summoning the creditor and the debtor, hearing their explanations.
A court order shall be issued upon the expiration of ten days from the day of serving the debtor with a copy of the statement.
A court order shall be made out and signed by the judge in two copies, one of which shall remain in the case file, and the other one shall be certified by the stamp seal of the court and handed out to the creditor. A duly certified copy of the court order shall be sent to the debtor.
A court order may be sent as an electronic document.
Article 144. Refusal to issue a court order
The judge shall refuse to issue a court order if:
1) the debtor has submitted an objection against the stated demand;
2) there is a perceived presence of issue of law which may not be resolved based on the presented documents.
A ruling shall be made on the refusal to issue a court order.
A ruling on the refusal to issue a court order may be appealed against (protested).
A refusal to issue a court order shall not preclude the possibility of submitting the same demand under adversary proceedings.
Article 145. Contents of a court order
A court order must specify:
1) name of the court, its location and the date of issuance of the order;
2) case number, surname and initials of the judge, subject matter of the demand;
3) name of the creditor, debtor (surname, name, patronymic), their location (postal address) or place of residence, personal identification number of the individual (details of other identity documents of non-citizens of the Republic of Uzbekistan), as well as tax of the debtor legal entity payer identification number;
4) 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;
5) the period in which the debt to be collected was formed;
6) penalty, if due and recognized by the debtor;
7) the amount of the state duty and postage subject to recovery.
Article 146. Entering of a court order into legal force
A court order enters into legal force within ten days from the moment of the issuance of the order.
A court order shall have the legal force of an executive document and be subject to execution in the manner prescribed for the execution of judicial acts.
Article 147. Cancellation of a court order
The debtor is entitled, within ten days from the day of receipt of a copy of the court order, to submit to the same court a statement with a demand to cancel it, if he had no opportunity, for valid reasons, to state on due time his objections to the demands of the creditor. In this instance, the court shall have the right to cancel the order, and after cancellation thereof the demand of the creditor may be considered under adversary proceedings.
A ruling shall be made on the cancellation of a court order or on refusal thereof.
A ruling on the cancellation of a court order or on refusal thereof shall be made without court proceedings, summoning the creditor and debtor, hearing their explanations no later than ten days from the day of receipt of the statement.
A ruling on the refusal to cancel a court order may be appealed against (protested).
Chapter 18. Submission of claim
Article 148. Grounds for initiating proceedings
The court shall initiate proceedings upon statement of:
1) concerned persons;
2) public prosecutor;
3) state bodies and other persons in cases where, according to the law, they have the right to resort to court to protect the rights and legally protected interests of legal persons, citizens, the interests of the public and the state.
If the law establishes a pre-trial (claim) settlement procedure for a certain category of disputes or it is provided for by a contract, the case may be initiated in court only after the parties have taken measures to voluntarily settle their relationship.
Article 149. Form and contents of statement of claim
A statement of claim shall be submitted to the court in writing. It must be signed by the plaintiff or his representative.
The statement of claim shall specify:
1) name of the court, to which the statement is being submitted;
2) names (surnames, own names, patronymics) of persons participating in the case, their location (postal address) or place of residence;
3) amount of the claim, if the claim is subject to assessment;
4) circumstances on which the stated claims are based;
5) evidence which confirms the grounds of the stated claims;
6) calculation of the sum of money being recovered or disputed;
7) demands of the plaintiff with reference to the acts of legislation, and at submission of claims to several respondents — the demands to each of them;
8) data on the observance of the pre-trial order of settling the dispute with the respondent, if it has been established by law for the given category of disputes, or by the contract;
9) list of the attached documents.
The statement of claim may contain phone numbers, fax numbers, email address of the plaintiff or his representative.
The statement of claim shall also specify other data, if it is necessary for the correct resolution of the dispute, as well as the petitions of the plaintiff.
The plaintiff has the right to combine several related demands in one statement of claim.
Article 150. Sending a copy of a statement of claim and documents attached to it
The plaintiff, upon presenting a claim, is obliged to send to the respondent and third parties copies of the statement of claim and the documents attached to it, which they do not have.
Copies of the statement of claim and the documents attached to it may be sent to the respondent and the third parties in electronic form through an information system.
Article 151. Documents to be attached to a statement of claim
The statement of claim shall be accompanied by documents confirming the following:
1) payment of the state duty and postage in the prescribed order and amount;
2) that a copy of the statement of claim and the documents attached to it have been sent to the respondent and third parties;
3) observance of the pre-trial (claim) order of settling the dispute with the respondent, if it has been established by law for the given category of disputes or by the contract;
4) circumstances on which the stated claims are based;
5) state registration of the plaintiff as a legal person or an individual entrepreneur;
6) if the statement of claim has been signed by the representative, his powers to sign it.
The statement of claim on coercion to conclude a contract shall be accompanied by a draft contract.
A copy of the investment agreement shall be attached to the statement of claim on investment disputes, and a document confirming the large investment of the major investor shall be attached to the statement of claim related to the investment activity.
Article 152. Resolution of the issue of accepting a statement of claim for proceedings
The judge alone, no later than five days from the date of receipt of the statement of claim by the court, resolves the issue of accepting it for proceedings, refusing to accept it or returning it or transferring it to another court within its jurisdiction.
A ruling is issued on the acceptance, refusal to accept a statement of claim for production or the return of a statement of claim or the transfer of a statement of claim to another court under jurisdiction, copies of which are sent to the persons participating in the case no later than the next day from the date of its issuance.
Upon receipt of a statement of claim (application) or case materials from a civil court or an administrative court under jurisdiction, the judge, having established that the statement of claim (application) does not meet the requirements specified in Articles 149, 150 and 151 of this Code, notifies the claimant no later than five days from the date of receipt of the application (complaint) to the court on the need to eliminate deficiencies and provides him with a period for this, which may not exceed ten days.
Article 153. Acceptance of the statement of claim for proceedings and initiation of the case
The judge is obliged to accept to proceedings the statement of claim submitted with the observance of the requirements provided by this Code and initiate the case.
The judge is entitled to accept to proceedings the statement of claim submitted without the observance of the requirements provided by items 1 and 4 of part one of article 151 of this Code, and initiate the case, if the statement of claim is accompanied by the relevant petitions for a deferral, installment plan of payment of the state duty or motion to call evidence that the plaintiff does not have and these petitions and motion have been satisfied.
Opinion of the judge on the satisfaction of the petition for acceptance of the statement of claim for proceedings submitted without the observance of the requirements provided by items 1 and 4 of part one of article 151 of this Code must have its rationale stated in the ruling on the acceptance of the statement of claim for proceedings.
Article 154. Refusal to accept the statement of claim for proceedings
The judge shall refuse to accept the statement of claim for proceedings if:
1) the case is not under the jurisdiction of the economic court, the civil court or the administrative court;
2) there is a judgment or ruling, which entered into a legal force, on the termination of the proceedings on the case of an economic court adopted on a dispute between the same persons, on the same subject matter, and on the same grounds or a judgment or ruling on the approval of an amicable agreement of a civil court;
3) in the proceedings of an economic court, a civil court, an arbitration court, there is a case on a dispute between the same persons, on the same subject and on the same grounds;
4) there is an award, which entered into a legal force, of a court of arbitration adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the economic court has refused to issue a writ of execution for enforcement of the award of the court of arbitration;
41) there is an arbitration award that has entered into force in a dispute between the same persons, on the same subject and on the same grounds, except in cases when the economic court refused to recognize and enforce the arbitration award;
5) there is ruling on the termination of arbitration proceedings adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the arbitration proceedings have been terminated due to the absence of competence of the court of arbitration to consider this dispute.
51) there is a ruling on termination of arbitration proceedings made regarding a dispute between the same persons, on the same subject and on the same grounds, except for the case where the arbitration proceedings are terminated due to the lack of competence of the arbitration court to consider the dispute.
5²) if there is a court ruling on the issuance of a writ of execution 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 ruling on refusal to accept the statement of claim may be appealed against (protested). In the event of cancellation of the ruling, the statement of claim shall be deemed to be submitted on the day of its initial receipt by the court.
Article 155. Return of the statement of claim
The judge shall return the statement of claim and the documents attached thereto if:
1) the form and contents of the statement of claim established in article 149 of this Code have not been observed;
11) the plaintiff did not comply with the judge's instruction provided for by part three of Article 152 of this Code within the prescribed period;
2) the statement of claim has not been signed or signed by a person who does not have the right to sign it, or by a person whose official position or surname and initials are not indicated;
3) the case is beyond the competence of this court;
4) several related demands, some of which fall within the jurisdiction of a civil or administrative court, and others fall under the jurisdiction of an economic court, have been combined;
5) evidence of sending copies of the statement of claim and documents attached to it to the defendant and third parties has not been provided;
6) no documents have been submitted confirming the payment of the state duty and postage in the prescribed order and amount, and in cases where the law provides for the possibility of deferment and installment payment of the state duty, there has been no petition for that or the petition has been rejected;
7) the plaintiff has not submitted documents confirming compliance with the pre-trial (claim) procedure for settling a dispute with the respondent, when this is provided by law for this category of disputes or by the contract;
71) the plaintiff has not submitted documents confirming the observance of the mediation procedure for settling the dispute with the respondent, when it is provided by law for this category of disputes or by the contract;
8) one statement of claim combines several demands to one or several respondents, when these demands are not connected with each other;
9) no evidence has been submitted of addressing to the bank or other credit organization to collect the indebtedness from the respondent, when according to the legislation or the contract the indebtedness must be collected through the bank or other credit organization;
10) prior to adoption of a ruling on acceptance of the statement of claim to proceedings, a statement from the plaintiff has been received on returning of the statement of claim.
The judge shall return a counterclaim that does not meet the requirements of part two of article 160 of this Code.
The ruling on returning the statement of claim may be appealed against (protested). In the event of cancellation of the ruling, the statement of claim shall be deemed to be submitted on the day of the initial reference to the court.
The return of the statement of claim does not preclude the repeat reference with it to the court under general procedure, after elimination of the committed violations.
Article 156. Response to the statement of claim
The person participating in the case, no later than twenty days from the day of adoption of the ruling on the preparation of the case for proceedings — in such a way as to be received by the court by the day of consideration of the case, is entitled to present to the court the response to the statement of claim with attachment of the documents confirming his objections to the claims, and also the fact of sending to other persons participating in the case of copies of the response and the documents, which they do not have at disposal.
The response to the statement of claim shall specify postal address, phone numbers, fax numbers, e-mail address (if any) of the person participating in the case or his representative.
The response to the statement of claim shall be signed by the person participating in the case or his representative. The response signed by the representative shall be accompanied by the document confirming the powers of the representative to conduct the case.
Article 157. Change of grounds or subject of claim, change of the size of stated claims, abandonment of claim
At consideration of the case at the court of first instance prior to adoption of a judicial act by which the consideration of the case on its merits ends, the plaintiff is entitled to change the grounds or the subject of the claim, to increase or decrease the size of stated claims.
At consideration of the case at the court of any instance, prior to adoption of a judicial act by which the consideration of the case in the court of corresponding instance ends, the plaintiff is entitled to abandon the claim in whole or a part thereof.
The court shall not accept simultaneous change of grounds and subject of claim. The court also shall not accept abandonment of claim, decrease of the size of the stated claims, if it contradicts to the legislation or breaches the rights and legally protected interests of other persons. In these cases, the court shall consider the case on the merits.
A ruling shall be issued on the acceptance or refusal to accept a change of grounds or subject of the claim, increase or decrease of the amount of the stated claims, full or partial abandonment of the claim by the plaintiff.
Article 158. Joining cases
The court of first instance is entitled to join into one proceedings several homogeneous cases in which the same persons are participating.
Joining cases is allowed prior to adoption of the judicial act, which ends the consideration of the case. When joining cases, the period for considering the case on them shall be established based on the period of consideration of the case which was appointed the last.
A decision shall be made to merge the cases.
Article 159. Severing a part of claims into a separate proceedings
The court is entitled to sever one or several interconnected claims into a separate proceedings, should it decide it appropriate to consider the claims separately.
The severing claims into a separate proceedings shall be allowed prior to adoption of the judicial act, which ends the consideration of the case, or simultaneously with its adoption.
A ruling shall be made on the severing part of the claims into separate proceedings.
The period for considering a case on the severed claim shall be calculated from the date of the ruling.
Article 160. Right to submit a counterclaim
The respondent is entitled, prior to adoption of the judgment on the case, to submit a counterclaim to be considered together with the initial claim.
The counterclaim may be submitted if:
1) the counterclaim aim is to offset the initial claim;
2) satisfaction of the counterclaim excludes in whole or in part, satisfaction of the initial claim;
3) there is an interconnection between the counterclaim and the initial claim, and a joint consideration of them will result in correct and timely resolution of the dispute.
Article 161. Submission and acceptance of a counterclaim for proceedings
Submission and acceptance of a counterclaim for proceedings shall be made under the rules of submission and acceptance for proceedings of statements of claim established by this Code.
Chapter 19. Preparation of the case for proceedings
Article 162. Ruling on preparation of the case for court proceedings
The judge shall issue a ruling on the preparation of the case for trial no later than five days from the date of receipt of the statement of claim, and in the case of a pre-trial hearing, no later than ten days from the date of receipt of the statement of claim. actions, terms within which these actions are to be performed, time and place of the trial.
Actions for the preparation of the case for trial may be set out in the ruling on the acceptance of the statement of claim and the initiation of proceedings, except in the case of a pre-trial hearing during the preparation of the case for trial.
Article 163. Actions of the judge at preparation of the case for court proceedings
In preparing the case for trial, the judge shall take the following actions:
1) considers the issues on attraction of another respondent or third person to participation in the case;
2) notifies interested persons about the proceedings;
3) notifies the persons participating in the case of their right to participate in the court session via videoconferencing;
4) invites persons participating in the case, other organizations and their officials to take certain actions, including submitting documents and data that are important for resolving the dispute;
5) summons witnesses;
6) resolves the issue on appointing an expert examination;
7) assists the parties in obtaining the necessary evidence, requests the evidence on a petition of the parties;
8) takes measures for conciliation of the parties;
9) on a petition of the parties, resolves issues of securing claims and evidence;
10) considers issues of attraction of other persons to participation in the case, on joining the cases into one proceedings or severing stated claims into separate proceedings, on holding a visiting session.
The judge shall also carry out other actions aimed at ensuring the correct and timely resolution of the dispute.
At preparation of the case for court proceedings, the judge, on issues arising from civil-law relations, with the exception of cases considered under summary procedure, within ten days from the date of acceptance of the statement of claim for proceedings and initiation of the case, may hold a pre-trial session in accordance with the procedure established by this Code.
Article 1631. Pre-trial session
In a pre-trial session the judge:
1) interviews the plaintiff on the merits of the claims made by him, finds out from him possible objections on the part of the respondent and, if necessary, invites the plaintiff to submit additional evidence, and also explains the right to abandon the stated claims and its legal consequences;
2) interviews the respondent on the circumstances of the case, finds out what objections he has to the plaintiff's claims and with what evidence these objections can be supported, and also explains to the respondent his right to accept the plaintiff's claims or make counterclaims, invites the respondent to submit written explanations on the case. Failure to submit written explanations and evidence by the respondent, as well as his failure to appear at the court session shall not preclude the consideration of the case on the evidence available;
3) ascertains from the parties the possibility of concluding an amicable agreement or alternative methods of resolving a dispute and explains their legal consequences;
4) based on the complexity of the case, determines the projected schedule of the court proceedings, including the time frame for submitting to the court petitions and documents important for resolving the dispute and exchanging witness lists, if any;
5) finds out from the parties present in the session and other interested persons whether they have agreed on the jurisdiction of the court over this case, on the need to perform other actions provided for in article 163 of this Code.
The parties and other interested persons shall be notified of the time and place of the pre-trial session by court summons, registered letters, telephonograms, telegrams and other means of communication that ensure the fixation of the fact of notification.
A minutes shall be drawn up on the pre-trial session held specifying: year, month, day and location of the pre-trial session; the name of the court in which the session on the case was held; surname and initials of the judge and the secretary of the session (assistant or senior assistant to the judge); information about the parties and other interested persons and explanations given to them on the procedural rights and duties; the explanations given by the parties.
In case of failure of the parties to appear, the judge shall take actions specified in parts one and two of article 163 of this Code. In this case, no minutes of the pre-trial session shall be drawn up.
If there are grounds provided for by this Code, the proceedings on the case in the pre-trial session may be suspended or terminated and the statement of claim may be left without consideration.
Chapter 20. Court proceedings
Article 164. Time limit for court proceedings
The court proceedings must be completed within the time limit of not more than one month from the day of adoption of the ruling on the preparation of the case for court proceedings.
In exceptional cases, the time limit for court proceedings may be extended by the chairperson of the court for no more than one month.
Article 165. Court session
The proceedings on a case shall be carried out at the court session. The session may be carried out in videoconferencing mode.
The first court session on the case must be held no later than twenty days from the date of the ruling on the preparation of the case for court proceedings.
Audio or video recording of the court session may be conducted at the initiative of the court or on the petition of the participants in economic proceedings.
The judge presiding at the session shall:
1) open the court session and declare, what case is subject to consideration;
2) check the appearance at the session of the participants of the economic proceedings, their powers, establish whether the persons who have not appeared at the judicial session have been properly informed, and what information is available on the reasons of their absence;
3) announce the composition of the court, inform who is participating as the public prosecutor, expert, specialist, secretary of the court session, interpreter, and explain to the persons participating in the case their right to declare challenges;
4) remove the witnesses who have appeared out of the hall of the session till their invitation for interrogation;
5) explains to the participants of the court proceedings their procedural rights and procedural duties;
6) warn the interpreter about the responsibility for knowingly wrong translation; the expert — for giving a knowingly false opinion; the witness — for giving knowingly false testimony;
7) define the sequence of examination of evidence;
8) guide the session ensuring the clarification of circumstances important for the case;
9) take measures to ensure the appropriate order at the session.
The participants at the economic proceedings and persons present in the hall of the court session are entitled to make written notes, take down verbatim and audio recording. Photographing, video recording, and also broadcasting of the court session by radio and TV are allowed upon the permission of the court considering the case.
When a ruling is issued to hear a case in a closed court session, the persons participating in the closed court session shall be warned not to disclose information and details of the court proceedings without the permission of the court, and a written acknowledgment shall be obtained from them. The written acknowledgment shall also reflect a warning regarding liability under Article 239 of the Criminal Code of the Republic of Uzbekistan for violating the said obligation.
Article 166. Participation in court session by means of videoconferencing systems
The persons participating in the case and persons assisting in administration of justice are entitled to participate in a court session by means of videoconferencing systems.
The ruling on the preparation of the case for court proceedings shall indicate the right of persons to participate in the court session by means of videoconferencing systems; and this ruling shall be sent to the persons participating in the case, persons assisting in the administration of justice, and the relevant court, with the assistance of which the stated persons can participate in the session by means of videoconferencing systems.
To ensure the participation of the persons participating in the case in a court session via video conferencing, the video conferencing systems of the relevant courts at the place of residence, location, or whereabouts of the said persons, or the mobile video conferencing system of the court hearing the case, shall be utilized.
The court, assisting in the conduct of the court session by means of videoconferencing systems, shall ensure the sending of powers of attorney certifying the powers of representatives of the persons participating in the case and persons assisting in administration of justice, as well as the evidence presented in the session to the court considering the case.
The fact that witnesses, experts, specialists, and interpreters participating in a court session via video conferencing have been explained their rights, duties, and liabilities shall be recorded by audio and video recording and shall be indicated in the minutes of the court session.
The right of persons participating in a case and persons assisting in administration of justice to participate in a court session by means of videoconferencing systems may be exercised in court sessions of first, appellate, cassation and supervisory instances.
Article 167. Order at the court session
When the judges enter the hall of the session and when they leave the hall of the session, all persons present in the hall shall stand up.
The participants of the court proceedings shall address the court with the words «Honorable court!». They shall give their explanations and testimony to the court and answer to the questions while standing. Deviation from these rules is allowed only upon permission of the presiding judge.
The court session shall be held in conditions that ensure normal operation of the court and safety of the participants of the court proceedings. Actions of the persons present in the hall of the court session and carrying out permitted by the court photography, video recording, broadcasting of the court session on radio and TV should not interfere with order at the court session. These actions may be limited in time by the court.
In case of violation of order during the session, the presiding judge on behalf of the court shall issue a warning to the person who committed the violation. In case of repeated violation of the order, the specified person may be removed from the courtroom by order of the presiding judge.
The judgment of the court shall be listened to by all persons present in the hall of the session while standing.
Article 168. Examination of evidence
During the court hearing, the court shall examine the evidence in 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 material, written, and digital evidence, inspect material evidence, as well as read out explanations, testimonies, and opinions submitted in writing.
The playback of audio and video records shall be performed in the hall of the court session or in other premises specially equipped for these purposes. The fact of playback of audio and video records shall be reflected in the minutes of the court session.
Article 169. Resolution by the court of statements and petitions of the persons participating in the case
Statements and petitions of the persons participating in the case on requesting new evidence and on all other issues related to the proceedings of the case, shall be resolved by the court after hearing the opinions of other persons participating in the case.
A ruling shall be issued on the results of consideration of statements and petitions of the persons participating in the case.
The conclusions of the court on the satisfaction or rejection of the statements and petitions of the persons participating in the case may be indicated in a judicial act issued following the results of the consideration of the case.
Article 170. Resolution of a dispute at non-submission of a response to the statement of claim, of additional evidence, and also at non-appearance of the persons participating in the case
Non-submission of a response to the statement of claim or additional evidence, which the court has suggested to present to the persons participating in the case, shall not preclude the consideration of the case on the materials available therein.
Upon non-appearance to the court session of the plaintiff, who has been properly informed on the time and place of holding the proceedings of the case, the dispute may be resolved in his absence when there is a statement of the plaintiff about considering the case in his absence.
Upon non-appearance to the court session of the respondent or third parties who have been properly informed on the time and place of holding the proceedings of the case, the dispute may be resolved in their absence.
Article 171. Adjournment of court proceedings
The court may adjourn court proceeding if it is impossible to consider the case at this court session due to unforeseen and extraordinary circumstances, including:
upon a petition of a party for court assistance in conciliation procedure;
if a person participating in the case has been properly informed about the time and place of holding the court session and submitted a statement about adjournment of the proceedings with justification of his non-appearance at the court session, if the consideration of the case without the participation of this person is impossible;
on a petition of the person participating in the case in the event of non-appearance at the court session of his representative due to a valid reason;
in case of non-appearance of any of the participants of the court proceedings, if the court considers it impossible to consider the case without the participation of this person;
on a petition of the party to adjourn court proceeding due to the need to present or request additional evidence from third parties;
in case of impossibility of setting up videoconferencing at the court session held in the videoconference mode;
in case of non-appearance of any of the participants of the court proceedings and the absence of the confirmation of proper notification of the said person about the time and place of the court proceedings;
in case when it is necessary to replace the improper respondent with proper respondent;
in case when it is necessary to replace the exiting party to the disputed legal relationship with his legal successor;
in case when it is necessary to attract a second respondent or a third party to participation in the case.
The court proceedings may be adjourned for the term necessary to eliminate the circumstances, which served as grounds for the adjournment, within the limits of the time limit established by this Code for court proceedings, but for not more than ten days.
The number of adjournments of a court proceedings may not exceed three times.
A ruling shall be made on the adjournment of a court proceedings.
If the parties are present at the court session, before adjourning the court proceedings the court is entitled to interrogate the witnesses who appeared. The evidence of these witnesses shall be announced at a new court session. The secondary summon of the same witnesses to a new court session shall be made only in case of necessity.
The persons who are participating in the case but have failed to appear to the court session shall be notified on the time and place of holding a new court session in accordance with the procedure established by article 127 of this Code. The persons participating in the case who have appeared to the court session shall be notified against signed acknowledgement to be attached to the case materials.
After the adjournment, the court proceedings shall continue.
If necessary, after the adjournment, consideration of the case shall start from the beginning.
Article 172. Break in the court session
Upon a petition of the person participating in the case or on its own initiative, the court is entitled to announce a break in the court session.
The break in the court session may be announced for the time limit of not more than three days. This break shall be indicated in the minutes of the court session.
After the end of the break the court session shall be announced by the judge presiding at the court session to be continued. In this case, no repeated consideration of the evidence examined before the break is made, including in the event of replacement of representatives of the persons participating in the case.
The persons participating in the case shall be recognized to be properly informed of the time and place of holding the court session regardless of whether they were present or not in the hall of the session before the announcement of the break, and their failure to appear to the court session after the end of the break shall not preclude its further carrying out.
Article 173. Judicial pleadings
After examination of all available evidence, the judge presiding at the court session shall ask the persons participating in the case, whether they have additional evidence on the case. In the absence of additional evidence, the court shall pass over to judicial pleadings.
Judicial pleadings shall consist of oral presentations of the persons participating in the case. In the course of judicial pleadings they shall substantiate their positions on the case.
In the judicial pleadings, the first presentation shall be made by the plaintiff, the next one — by the third party with independent claim regarding the subject matter of the dispute, and then — the respondent. A third party without independent claim regarding the subject matter of the dispute shall make his presentation after the plaintiff or after the respondent on whose side he participates in the case.
The public prosecutor and also representatives of state bodies and other persons who have applied to the court in defense of the rights and legally protected interests of other persons shall speak in the judicial pleadings first.
The participants in the judicial pleadings are not entitled to refer to circumstances that have not been clarified by the court, and to evidence that has not been examined in the court session or has been recognized by the court as inadmissible.
In the judicial pleadings, the public prosecutor participating in the case shall present his opinion on the merits of the dispute the last, except for the cases provided for in part four of this article.
Article 174. Renewal of examination of evidence
If the court, in the course or after the judicial pleadings, finds it necessary to clarify additional circumstances or examine new evidence, it shall renew the examination of the evidence, which shall be entered into the minutes of the court session.
After the end of the additional examination of the evidence, the judicial pleadings shall be conducted according to the order established by this Code.
Article 175. Retiring of the court to a separate room (deliberation room) for adoption of a judicial act
After the end of the examination of the evidence on the case and termination of judicial pleadings the court shall retire to a separate (deliberation) room to adopt the judicial act.
Chapter 21. Judgment of the court
§ 1. General rules for adoption of the judgment
Article 176. Adoption of the judgment
At consideration of the case on the merits, the court shall adopt the judgment.
The judgment of the court shall be adopted in the name of the Republic of Uzbekistan.
The judgment shall be adopted by the judges participating in the court session in the conditions which ensure the observance of the secrecy of conference of the judges.
Only the judges making the composition of the court, which is considering the case, may be present in the room where the judges are to adopt the judgment. Access to this room of other persons, as well as other ways of communicating with persons who are not part of the court composition is prohibited.
The judges are not entitled to communicate to anybody the data about the contents of the discussion when adopting the judgment, about the positions of individual judges making the composition of the court, and otherwise disclose the secrecy of conference of the judges.
The judgment of the court shall be lawful and substantiated. It shall only be based on the evidence examined at the court session.
Article 177. Issues to be resolved when making the judgment
When making the judgment, the court shall:
1) assess the evidence and the arguments that have been given by the persons participating in the case to substantiate their claims and objections;
2) determine which circumstances important for the case have been established and which have not been established;
3) decide which legislative acts referred to by the persons participating in the case should not be applied in this case;
4) determine which legislative acts are to be applied in this case;
5) determine what are the rights and duties of the persons participating in the case;
6) decide whether the claim is to be satisfied or not.
Where necessary, the court shall resolve issues related to ensuring the execution of the judgment, establishing the procedure and time limit for the execution of the judgment, determining the further fate of the evidence, allocating court expenses, and other matters.
The court, at adopting the judgment, having found it necessary to further examine the evidence or further clarify the circumstances that are important for the case, shall renew the court session, on which a ruling is to be made. In this case, the court proceedings shall be conducted exclusively within the circumstances requiring additional verification.
Article 178. Drawing up the judgment
The judgment shall be drawn up by the judge in writing and signed by him.
The judgment shall be drawn up in one copy and attached to the case file.
Article 179. Contents of the judgment
The judgment of the court shall consist of introductory, descriptive, motivational and resolutory parts.
The introductory part of the judgment shall specify name of the court, which has adopted the judgment; composition of the court, secretary of the court session; number of the case, date and place of making the judgment; subject matter of the dispute; persons participating in the case, and their representatives and other participants of the court proceedings.
The descriptive part of the judgment shall contain a summary of the statements of claim and objections, explanations, statements and petitions of the persons participating in the case.
The motivational part of the judgment shall specify:
actual circumstances of the case established by the court;
evidence on which the conclusions of the court about these circumstances of the case are based;
reasons on which the court has rejected this or that evidence, accepted or rejected arguments of the persons participating in the case;
acts of legislation, by which the court was guided when adopting the judgment, and reasons on which the court has not applied acts of legislation to which the persons participating in the case have referred.
The motivational part of the judgment may contain references to the resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan.
The resolutory part of the judgment shall contain conclusions about satisfaction of each stated claim in whole or a part thereof, or on refusal of satisfaction.
If the court establishes the order of execution of the judgment or takes measures on securing the execution thereof, this fact shall be specified in the resolutory part of the judgment.
The resolutory part of the judgment shall also specify the distribution of the court expenses among the persons participating in the case and the time limit and order for appeal against (protest) the judgment.
§ 2. Special aspects of contents of the judgments on certain categories of disputes resolved under adversary proceedings
Article 180. Judgment on collecting monetary means
At satisfaction of the claim on collecting the monetary means, the resolutory part of the judgment of the court shall specify the general amount of the sums subject to recovery with a separate determination of the principal, losses, penalty interest (fine, penalty) and interest.
Article 181. Judgment on awarding the property
At awarding the property, the resolutory part of the judgment of the court shall specify the name of the property subject to transfer to the plaintiff, its value and location.
Article 182. Judgment on recognition of an execution document not executable
At satisfying the claim to recognize as not executable an execution or other document on which collecting is made in the uncontested (acceptance-free) order, including on the basis of notary's executer endorsement, the resolutory part of the judgment of the court shall specify the name, number and date of issuance of the document not to be executed and the sum of money which is not to be written off.
Article 183. Judgment on conclusion or change of a contract
At satisfying the claim on conclusion or change of a contract, the resolutory part of the judgment of the court shall specify the conclusion on each disputable condition of the contract, and on a dispute on coercion to conclude a contract — the conditions on which the parties are obliged to conclude it.
Article 184. Judgment compelling to execute certain actions
At satisfying the demand on compelling to execute certain actions not related to collecting monetary means or transfer of the property, the resolutory part of the judgment of the court shall specify the actions to be executed, who is obliged to execute these actions and also where and during what period of time these actions are to be executed.
Article 185. Judgments in favor of several plaintiffs or against several respondents
At satisfying the demands of several plaintiffs, the resolutory part of the judgment of the court shall specify in what part it refers to each of them.
At satisfying the demands to several respondents, the resolutory part of the judgment of the court shall specify if the respondents are responsible jointly or severally.
At satisfying the initial and counter claims in full or in part, the resolutory part of the judgment of the court shall specify the amount to be collected as a result of offset.
§ 3. Actions of the court after adoption of the judgment
Article 186. Announcement of the judgment
Only the resolutory part of the adopted judgment that is to be signed by the judge and attached to the case shall be announced at the court session, in which the consideration of the case has come to its end.
The judgment shall be drawn up in full and signed within five days.
After the announcement of the resolutory part of the judgment, the presiding judge shall explain to the persons participating in the case when the judgment is to be drawn up in full and sent to them and also the order of appealing against (protesting) the judgment.
Article 187. Invariability of a judgment
After the announcement of the judgment on the case, the court that has adopted the judgment shall have no right to cancel or change it, except for cases of revision of a judicial act that has entered into legal force in view of newly discovered circumstances.
Article 188. Direction of copies of the judgment
The court shall send, by the registered mail with notification of delivery, copies of the judgment to the persons participating in the case not later than five days from the date of making the judgment, or serve the copies of the judgment on them against a receipt, and if the said persons have email addresses, they may be sent as an electronic document.
In cases provided by this Code, the court shall send copies of the judgment also to other persons.
Article 189. Additional judgment
The court, which has adopted the judgment, shall make an additional judgment if:
1) the court has not adopted the judgment on a claim in relation to which the persons participating in the case have presented evidence;
2) the court, having resolved the issue of the law, has not specified the amount of the sum subject to recovery, the property subject to transfer, or certain actions which the respondent is obliged to execute;
3) issue on court expenses has not been resolved.
The issue of adoption of an additional judgment may be brought before the entry of the judgment into legal force.
An additional judgment may be adopted at the statement of the persons participating in the case, or at the initiative of the court.
The issue of adoption by the court of an additional judgment shall be resolved at the court session according to the rules established in this chapter. The persons participating in the case shall be informed of the time and place of holding the court session in the manner provided for in article 127 of this Code. The failure of the duly informed persons to appear shall not preclude the consideration of the issue of adopting an additional judgment.
The additional judgment shall enter into legal force together with the main judgment.
The additional judgment may be appealed against (protested) together with the main judgment.
A relevant ruling shall be issued in case of a refusal to adopt an additional judgment.
Article 190. Explanation of the judgment
In case of ambiguity of the judgment, the court, which has adopted it, is entitled, upon a statement of the person participating in the case, state enforcement officer, other bodies executing the judgment of the court, to explain the judgment without changing its contents.
A statement on explanation shall be considered by the court with the notification of the persons participating in the case, state enforcement officer and other bodies executing the judgment, in the manner prescribed by article 127 of this Code. The failure of these persons to appear shall not preclude the consideration of the statement.
A statement on explanation shall be considered within twenty days from the day of its submission.
A ruling shall be issued on the explanation of the judgment or on the refusal to give explanations.
The ruling may be appealed against (protested).
Article 191. Correction of slips of pen, typing errors and arithmetic mistakes
The court, which has adopted the judgment, is entitled, upon a statement of the person participating in the case, state enforcement officer, other bodies executing the judgment of the court, or on its own initiative to correct slips of pen, typing errors and arithmetic mistakes revealed in the court judgment without changing its contents.
The statement on correction of the revealed slips of pen, typing errors and arithmetic mistakes shall be considered by the court with the notification of the persons participating in the case, state enforcement officer and other bodies executing the judgment, in the manner prescribed by article 127 of this Code. The failure of these persons to appear shall not preclude the consideration of the statement.
The statement on correction of the revealed slips of pen, typing errors and arithmetic mistakes shall be considered within twenty days from the day of its submission.
A ruling shall be issued on the correction of the revealed slips of pen, typing errors and arithmetic mistakes or on the refusal to correct them.
A ruling on the correction of the revealed slips of pen, typing errors and arithmetic mistakes or on the refusal to correct them may be appealed against (protested).
§ 4. Order of the entry into legal force of the judgment and its execution
Article 192. Entry into legal force of the judgment
The judgment shall enter into legal force after one month from the date of its adoption, if it has not been appealed against (protested) through the appeal procedure. In the case of the submission of an appeal (protest), the judgment, if it has not been canceled, shall enter into legal force from the date of adoption of the resolution of the court of appellate instance.
Article 193. Enforcement of the judgment
The persons who have reason to believe that the execution of the judgment will become impossible or difficult may submit a statement to the court that have adopted the judgment on its enforcement.
The statement shall specify the judgment the enforcement of which must be ensured, and the reasons that have prompted the statement on its enforcement.
The issue of enforcing the judgment shall be resolved in the manner prescribed by article 96 of this Code.
Article 194. Execution of the judgment
The judgment shall be executed after its entry into legal force in the order prescribed by section V of this Code.
Chapter 22. Ruling and resolution of the court
Article 195. Adoption of ruling
The court shall make a ruling in the instances provided by this Code.
A court ruling shall be issued as a separate judicial act in cases where it is expressly provided for by this Code.
When resolving uncomplicated issues, the court may issue a ruling on the bench. Such ruling shall be entered into the minutes of the court session and it shall specify the issues on which it has been made, the reasons why the court has come to its conclusions, and the conclusion on the issue under consideration.
Article 196. Contents of the ruling
A ruling adopted as a separate judicial act shall specify:
1) name of the court, number of the case, date and place of the adoption of the ruling, composition of the court, secretary of the court session, subject matter of the dispute;
2) name (surname, name, patronymic) of the persons involved in the case, personal identification number of the debtor individual (details of other identity documents of non-citizens of the Republic of Uzbekistan), as well as taxpayer identification number of the debtor legal entity;
3) issue on which the ruling is being issued;
4) the reasons that led the court to draw its conclusions, the legislation on which it is based;
5) conclusion on the issue being considered;
6) order and time limits for appeal (protest) against the ruling, if this is provided by law.
The ruling that has been made at the court session shall be announced by the presiding judge at the same court session immediately after its issuance.
Article 197. Sending copies of the ruling
When court issues a ruling as a separate judicial act, its copy shall be sent, not later than five days from the day of its issuance, to the persons participating in the case and other persons whom it concerns by the registered mail with notification of delivery or served on them against a receipt, and if the said persons have email addresses the ruling may be sent in the form of electronic document.
Article 198. Execution of the ruling
The ruling of the court shall be executed immediately, unless another time is established by law or the court.
Article 199. Order and time limits of appeal against (protesting) a ruling
A ruling of the court may be appealed against (protested) separately from the court judgment in cases provided for by this Code and also if it precludes further progress of the case.
The remaining rulings are not subject to an appeal (protest), but objections to these rulings may be included in the appeal (protest) against the court judgment.
A complaint (protest) to the ruling may be submitted not later than one month from the day of adoption of the ruling, unless another term is provided by this Code.
Article 200. Special ruling and resolution
In case of violation of the legislation in the activities of a state body or other body, legal entity, official or citizen during the proceedings, the court has the right to issue a special ruling, regardless of their participation in the case.
By special ruling, the court may require the relevant body or official to consider the issue of bringing to justice those guilty of violating the legislation in accordance with its competence.
A special ruling shall be sent to the respective state or other bodies, legal persons, officials or citizens, who are obliged, within not more than one month, to inform the court about adopted measures.
A special ruling may be appealed against (protested).
If, at considering a dispute, the court discovers signs of a crime in the actions of persons, it shall inform the public prosecutor accordingly with attaching relevant materials in order to resolve the issue of initiating a criminal case.
If the actions of an official or a citizen, regardless of their participation in the case, reveal signs of an administrative offense, the court shall consider the issue of bringing them to administrative responsibility, if the case of an administrative offense is authorized by law.
The court shall adopt a resolution on instituting administrative action.
The resolution may be appealed against (protested).
Chapter 23. Court minutes
Article 201. Minutes
Minutes of the court session shall be drawn up at the court session and also when performing separate procedural actions outside the hall of the court session.
The minutes of the court session shall specify:
1) year, month, day and place of holding the court session;
2) name of the court considering the case, composition of the court and secretary of the court session;
3) name and number of the case;
4) data about the appearance of the persons participating in the case and other participants of the court proceedings;
5) data on explaining to the persons participating in the case and other participants of the court proceedings of their procedural laws and procedural duties by the court;
6) rulings issued by the court on the bench without retiring to a separate room (deliberation room);
7) oral statements and petitions of the persons participating in the case;
8) information on all material, written, and digital evidence, as well as written expert opinions submitted to the court during the consideration of the case;
9) information on the explanations of the persons participating in the case, the testimony of witnesses, oral explanations of experts regarding their opinions, the views of specialists, as well as the inspection, seizure, mapping, video recording, and photographing of material, written, and digital evidence;
10) data obtained during the performance of separate procedural actions;
11) description of the court pleadings and the opinion of the public prosecutor;
12) data on announcement of the judgment, ruling or resolution of the court.
The minutes of the court session may also specify other data.
In case of an audio or video recording of the court session, the minutes of the court session shall have a record only on the issues provided by items 1 — 4, 6 — 8, 11 of part two of this article, specify the time of starting and ending of explanations of the persons participating in the case, witness testimonies, oral explanations by experts of their conclusions, pleadings and opinion of the public prosecutor, and also a notice on using audio recording means at the court session. Electronic or other carriers of audio and video records shall be adducted to the minutes of the court session.
In the case of holding a court session in the videoconference mode, the minutes of the court session shall also specify, in addition to the data provided for in part two of this article:
data on holding the court session in the videoconference mode;
name of the court that has assisted in the holding of the court session in the videoconference mode;
data on the persons participating in the case and other participants of the court session who have appeared to the court, assisted in the holding of the court session in the videoconference mode;
data on the information and communication technology staff of the court that has assisted in the holding of the court session in the videoconference mode, and of the court considering the case.
Article 202. Taking the minutes
The minutes shall be taken by the secretary of the court session in the court session itself or, when performing separate procedural actions, outside the hall of the court session.
The minutes shall be signed by the presiding judge and the secretary of the court session no later than three days after the end of the court session or the performance of a separate procedural action.
Article 203. Remarks on the minutes
The participants in the economic proceedings shall have the right to get acquainted with the minutes of the court session and within five days after its signing may submit their written remarks indicating the errors and incompleteness of information in it.
Remarks on the minutes shall be considered by the presiding judge, and in case of his agreement with them he shall certify their correctness and attach them to the minutes of the court session.
Remarks on the minutes shall be considered by the presiding judge, and in case of his agreement with them he shall certify their correctness and attach them to the minutes of the court session.
Remarks to the minutes of the court session shall be considered within seven days after their submission, with notification of the persons participating in the case. However, their failure to appear shall not preclude the consideration of the statement on the remarks to the minutes.
Written remarks on the minutes of the court session, submitted to the court after five days, shall not be considered by the court and shall be attached to the case file, about which the person who has submitted the written remarks shall be notified.
The participants in the economic proceedings shall have the right to get acquainted with audio and video recordings of the court session.
Copies of the audio or video recording of the court session shall be released to the participants in the economic proceedings with the permission of the court that considered the case.
Chapter 231. Summary proceedings
Article 2031. Case consideration under summary proceedings procedure
A case shall be considered under summary proceedings procedure according to the general rules of adversary proceedings provided for by this Code, taking into account the specifics established by this chapter.
Article 2032. Cases considered under summary proceedings procedure
If the amount of the claim does not exceed one hundred and fifty times the base calculating amount in respect of legal entities, and one hundred times the base calculating amount in respect of individual entrepreneurs, cases on statements of claim shall be considered under the simplified proceedings procedure.
Other cases may also be considered under summary proceedings procedure at a petition of the plaintiff and with consent of the respondent, if there are no circumstances specified in part four of this article.
Cases on corporate disputes and cases on the application of enforcement action shall not be considered under summary proceedings procedure.
The court shall issue a ruling on the consideration of the case under general rules of adversary proceedings, if, in the course of the consideration of the case under summary proceedings procedure the petition of the third party to join the case has been satisfied and the counterclaim, which may not be considered under the rules established by this chapter, has been accepted or the court, including at a petition of one of the parties, has come to conclusion that:
1) consideration of the case under summary proceedings procedure may lead to the disclosure of state secrets, commercial or other secrets protected by law;
2) it is necessary to find out additional circumstances or examine additional evidence, as well as conduct an inspection and examination of evidence at the place of its location, appoint an expert examination or hear witness testimonies;
3) the stated demand is related to other demands, including the demands to third parties, or to the judicial act adopted on this case or the rights and legally protected interests of third parties may be violated.
The ruling on the consideration of the case under general rules of adversary proceedings shall specify the actions that must be performed by the persons participating in the case, and the time limits for performing these actions. After the ruling has been adopted, the case shall be considered from the beginning.
In the event that several related demands have been stated, one of which relates to the demands specified in part one of this article, and the others are not related to them, all demands shall be subject to consideration under general rules of adversary proceedings established by this Code.
The time limit for the consideration of the case is calculated from the date of the issuance of the ruling on the consideration of the case under general rules of adversary proceedings.
Article 2033. Requirements to a statement of claim on a case considered under summary proceedings procedure
A statement of claim on a case considered under summary proceedings procedure must meet the requirements specified in article 149 of this Code.
The documents provided for in Article 151 of this Code are attached to the statement of claim in a case considered under simplified proceedings.
Article 2034. Specific aspects of considering a case under summary proceedings procedure
The court shall issues a ruling on the acceptance of the statement of claim to proceedings and initiation of the case, in which it shall indicate about the consideration of the case under summary proceedings procedure and the date of the consideration of the case.
The respondent, within fifteen days from the date of the ruling on accepting the statement of claim for proceedings and initiating the case, has the right to submit to the court a response to the statement of claim, attaching documents and evidence that support it. A document confirming that a copy of it was sent to the claimant is attached to the response.
The response to the statement of claim shall be signed by the respondent or his representative. The response signed by the representative shall be accompanied by a power of attorney.
Non-submission of a response to the statement of claim by the respondent duly notified on the submission of the statement of claim to the court, shall not preclude the consideration of the statement of claim under summary proceedings procedure.
The response to the statement of claim, evidence and other documents received at the court after the expiration of the established period, shall be accepted as submitted if the party justifies the impossibility of their submission within the established period and that they had been received before the court made the judgment.
The case considered under summary proceedings procedure shall be considered by a single judge within a period not exceeding twenty days from the date of the ruling on the acceptance of the statement of claim to proceedings and initiation of the case, after the expiration of the period established for the submission of a response to the statement of claim, evidence and other documents.
The time limit for considering a case under summary proceedings procedure shall not be subject to extension.
The court shall consider a case under summary proceedings procedure without holding a court proceedings, summoning the parties and hearing their explanations.
The court shall examine the explanations, objections and (or) arguments set out in the documents submitted by the parties, get acquainted with the evidence, examine the material evidence and make the judgment.
