Document from CIS Legislation database © 2003-2018 SojuzPravoInform LLC

INFORMATION LETTER OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of November 28, 2002

Concerning execution of court orders of foreign states

At the same time economic courts need to mean that in case of receipt of court orders of foreign states through the Ministry of Justice of the Republic of Uzbekistan the return answer about accomplishment of court orders also goes through the Ministry of Justice of the republic. In case of receipt of court orders of foreign states according to the Kiev agreement of March 20, 1992 "About procedure for the dispute resolution, connected with implementation of economic activity", the return answer goes to the same court from where the petition for legal assistance arrived.

1. Execution of the order contradicts sovereignty of the Republic of Uzbekistan or threatens safety of the Republic of Uzbekistan;

2. Execution of the order is not included into competence of economic court.

Orders of foreign court shall be signed and sealed official vessels.

The economic court in which the court order of foreign state arrived takes out determination about adoption of the order for production of separate legal proceedings (delivery of the agenda and other documents, receipt of written proofs, survey on the place and other). In determination shall be specified:

1. The name of the economic court which accepted the court order of foreign state, number of the opened case on adoption of the court order of foreign state for production of separate legal proceedings, structure of court;

2. The name of court of the foreign state which addressed with the petition for execution of the court order, number and the short name of case in connection with which the foreign court requests execution of separate legal proceedings;

3. Name of the claimant and defendant;

4. Date and number of the foreign state of the petition for execution of the court order directed by court;

5. The international treaty based on which the court order is directed;

6. Description of request of court of foreign state for accomplishment of separate legal proceedings;

7. Conclusion on cases in point, actions which it is necessary to make, and procedure for their execution.

Court orders of foreign states about delivery of legal notifications, other documents, receipt of written proofs, survey on the place and making of other legal proceedings are performed according to the procedure, the provided HPK RUZ.

The results of execution of the order of foreign court set by documents, protocols or the different way permitted to HPK RUZ go according to the procedure, provided in international treaties.

All procedural documents sent by economic courts of the Republic of Uzbekistan according to the procedure of execution of court orders of foreign states shall be signed by the judge who made legal proceeding on accomplishment of the court order of foreign state and are certified by seal of economic court.

In all cases when execution of the court order is not made, the economic court shall inform court of foreign state on the reasons interfering execution.

Execution of court orders of foreign states (including delivery of legal notifications, other documents, receipt of written proofs, on the place) is examined on a grant basis, that is without collection of any charges or costs from the state requesting legal assistance, the cases except for provided by international treaties when observance of special form of accomplishment of the separate legal proceedings connected with additional expenses is required.

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