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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of May 25, 2012 No. 7

About determinations of court of nisi prius

Due to the questions which arose in court practice on application of regulations of the procedural legislation regulating questions of removal of determinations by consideration of civil cases on the first instance, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that observance of regulations of the procedural legislation regulating questions of removal of determinations by consideration of civil cases on the first instance is the most important condition of ensuring proper preparation of case for legal proceedings, comprehensive, complete and objective clarification of the valid facts of the case, rights and obligations of participants of process, and also removal in the matter of the legal, reasoned and fair decision.

Determinations of Trial Court can be decided by court at stage of preparation of case for legal proceedings, legal proceedings or execution of judgments, as in the form of the separate procedural document (by removal to the certain room (the consultative room), and by entering of the text of determination in the protocol of judicial session (without removal to the certain room (the consultative room).

 Proceeding from sense of the civil procedural legislation, the court has at discretion the right to take out on any of the listed questions determination in the form of the separate procedural document.

4. Courts should mean that determinations belong to determinations which shall be decided in the form of the separate procedural document, in particular:

 The determinations decided in the form of the separate procedural document, as a rule, shall consist of introduction, motivation and resolutive parts.

In the prolog of determination time and the place of removal of determination, the name of court, surname of the judge (structure of court), the court session secretary, persons participating in case and also matter in issue and being of the question resolved by court are specified.

 In motivation part of determination motives for which the court came to the conclusions and the reference to the laws by which the court was guided shall be stated.

In substantive provisions of determination conclusions of court on the resolved question, procedure and terms of appeal (protest) of determination shall be specified. The formulation of substantive provisions of determination shall be exact and clear determination did not cause ambiguities in case of its execution.

6. The determinations of Trial Court decided in the form of the separate procedural document can be appealed or protested separately from the judgment in appeal, cassation procedure and according to the procedure of supervision in cases when:

 the right to appeal of determination is provided in specific regulation of GPK;

 the right to appeal of determination is not provided normal by GPK, but determination of court obstructs further traffic of case.

Separately from the judgment the following determinations can be appealed or protested, in particular:

 about refusal in adoption of the statement;

 about return of the statement left without movement, to the applicant;

about refusal in providing proofs;

 about providing the claim;

about suspension of proceeedings;

 about refusal in release from penalty or reduction of its size;

about case referral from one court in other court;

private determination;

concerning immediate execution of the judgment;

about leaving without allowance of the application about review of the default judgment;

 about correction of slips and appreciable arithmetic errors in the judgment;

 about refusal in pronouncement of the additional decision;

about judgment explanation;

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