Article 18. Procedure for the return of state duty
On state duty (LRU-600-son) · Date: 06.01.2020 · In force
The state duty shall be refundable in whole or in part in the following cases:
1) payment of a state duty in a larger amount than required by law;
2) the return or refusal to accept the statement of claim (statement, complaint) by the court, as well as the refusal of the notary to perform notarial actions;
3) return or refusal to accept the appeal, cassation and supervisory complaint;
4) non-constant captivity to the court a statement of claim (application, complaint) or appeal, cassation and supervisory complaints, paid state duty;
5) termination of proceedings on the case, if it is not within the jurisdiction of the court;
6) leaving the application without consideration, if it is submitted by an incapacitated person;
7) leaving the application without consideration, if in the proceedings of the court or the arbitration court there is a case on a dispute between the same parties, on the same subject and on the same grounds;
8) leaving the application without consideration, if an arbitration agreement has been concluded between the parties on the transfer of this dispute to the arbitration court;
9) leaving the application without consideration if a mediation agreement is concluded between the parties;
10) death of the individual who participated in the case, if the disputed legal relationship does not allow for succession;
11) non-compliance by the plaintiff with the pre-trial (claim) procedure for resolving the dispute, when it is provided for by law for this category of disputes or by the agreement of the parties and the possibility of such settlement is lost;
12) payment of state duty for registration of a divorce made by mutual agreement of spouses who have no minor children, if the divorce was not carried out due to the reconciliation of the spouses or the failure of one of them to appear;
13) if the legal entity participating in the case has been liquidated;
14) refusal to accept an application for a court order;
15) refusal to issue a document for the right to travel abroad to citizens of the Republic of Uzbekistan and stateless persons permanently residing in the Republic of Uzbekistan.
The refund of the amount of the state duty shall be made upon a written application of the payer or on the basis of judicial acts. To return the amount of the state duty, the applicant has to apply to the appropriate state body or organization that collected the state duty. When the head of the state body or organization that collected the state duty confirms the legality of the return, the state body or organization and its other recipients within five days from the date of receipt of the written application of the payer or, on the basis of judicial acts, shall return, respectively, the parts of the amount from the state duty previously credited to their accounts. In turn, the state body or organization shall send a written notification to the corresponding body of the state tax service about the return of a part of the amount from the state duty subject to return, previously credited to the revenues of the State budget of the Republic of Uzbekistan.
