Approved by the Law of the Republic of Uzbekistan of January 22, 2018, No. ZRU-460
The legislation on civil legal proceedings consists of of this Code and other acts of the legislation.
The legislation on civil legal proceedings establishes procedure for consideration and permission of cases of mandative production, cases of claim production, cases of special proceeding, the cases connected with the decision of reference tribunal, and the cases connected with recognition and carrying out of foreign judgements and foreign reference tribunals (arbitration).
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which contain in the legislation of the Republic of Uzbekistan on civil legal proceedings then are applied rules of the international treaty.
Tasks of civil legal proceedings are:
the correct, timely consideration and permission of civil cases for the purpose of protection of the personal, political, economic and social rights, freedoms and legitimate interests of citizens, the rights and interests of the Republic of Uzbekistan, and also it is right also the interests of the companies, organizations, the organizations, public associations and self-government institutions of citizens protected by the law (further - the organizations);
contribution to strengthening of legality and law and order, ensuring democracy, social justice, civil world and national consent;
forming of respect for the law and court.
According to the Constitution of the Republic of Uzbekistan judicial protection of its rights, freedoms and legitimate interests is guaranteed to everyone.
Any interested person has the right according to the procedure, the established legislation on civil legal proceedings to take a legal action on civil cases (court) behind protection of the violated or disputed right or the interest protected by the law.
The disclaimer on appeal to the court is invalid.
Appeal to the court is performed in shape:
the action for declaration - on the disputes arising from civil legal relationship;
statements - on mandative production, for special proceeding, and also in other cases provided by this Code;
the claim (protest) - in case of the appeal to courts of appeal and cassation instance.
The address and documents attached to it can be taken to court in the form of the electronic document.
The civil case is created by court on the basis of the documents brought into court by persons participating in case, other participants of civil legal proceedings or requested by court and court resolutions.
The civil case can be created electronically.
The civil case created electronically can have the copy on paper.
When forming civil case electronically persons participating in case and other participants of civil legal proceedings have the right to bring into court documents electronically. The written instruments brought into court by persons participating in case and other participants of civil legal proceedings are filed electronically then written instruments return to persons which provided them.
In case of forming of civil case electronically court resolutions are confirmed by the digital signature of the judge (judges), and protocols of judicial sessions and legal proceedings are confirmed by the digital signature of the chairman and court session secretary.
Transfer of the civil case created electronically to other court or other body is performed on information systems.
On the considered and resolved question the court makes the decision, determination, the resolution and the order.
The Trial Court by results of substantive prosecution makes the decision, and in the cases provided by Chapter 18 of this Code - the writ.
The court of appeal, cassation instance by results of consideration of the case takes out determination.
The court by results of the consideration of the case about administrative offense referred by the law to its competence issues the decree.
The court by results of consideration of questions by which case is not allowed in essence takes out determination.
Justice on civil cases is performed only by court by the rules established by this Code.
Justice on civil cases is performed on the basis of equality before the law and court of citizens irrespective of floor, race, nationality, language, religion, social origin, beliefs, personal and social standing, and the organizations irrespective of their form of business, pattern of ownership, the location, and also other circumstances.
When implementing justice on civil cases of the judge are independent and submit only to the law.
Any intervention in activities of judges for implementation of justice is inadmissible and attracts legal accountability.
Civil administration of justice is performed on the basis of competitiveness and equality of participants.
Civil administration of justice in the Republic of Uzbekistan is conducted in the Uzbek, Karakalpak languages or in language of the majority of the population of this area.
The right of complete acquaintance with case papers, the right to give evidences and explanations, to appear in court, to make statements and to declare petitions in the native language or in other language which it knows, and also to use translation service according to the procedure, established by this Code is provided to persons who are not knowing language in which legal proceedings are conducted.
Court documents which issue from case declared in writing the person who is participating in case and not knowing legal proceedings language are handed in transfer into its native language or into other language which he knows.
Trial of cases in all courts open.
Trial of case in the closed judicial session is performed on the cases containing the data constituting the state secrets, secrecy of adoption (adoptions) and in other cases provided by the law.
The closed legal proceedings are allowed for the purpose of prevention of disclosure of data on private life of persons participating in case, preserving mystery of correspondence and other secret protected by the law.
At trial of case in the closed judicial session there are persons participating in case, and in necessary cases also witnesses, experts, specialists and translators.
Hearing of the case in the closed judicial session is conducted with observance of all civil procedure rules. Use of system of video conferencing in the closed judicial session is not allowed.
The judgment in all cases is disclosed publicly.
The court resolutions which took legal effect can be published on the official website of court with the consent of the parties or with depersonalization, except for the court resolutions adopted in the closed judicial session.
The court by consideration of civil case shall research directly proofs on case: hear explanations of persons participating in case, testimonies of witnesses, expert opinions and consultations (explanation) of specialists, to study written proofs, to examine physical evidences.
Trial of case happens orally.
The court shall resolve cases based on the Constitution and the laws of the Republic of Uzbekistan. The court also applies other acts of the legislation if they do not contradict the Constitution and the laws of the Republic of Uzbekistan.
In case of lack of the rules of law governing the disputable relation, the court applies the rules of law governing the similar relations, and in the absence of such regulations, resolves dispute proceeding from the general beginnings and sense of the laws.
The court according to the law or the international treaty of the Republic of Uzbekistan applies rules of law of foreign state.
Court, without being limited to the provided materials and explanations having the right to take according to the law measures for comprehensive, complete and objective clarification of the valid facts of the case, rights and obligations of the Parties.
The court shall explain to persons participating in case, their rights and obligation, to warn about effects of making or non-execution of legal proceedings and to render to persons participating in case, assistance in implementation of their rights.
The court resolutions which took legal effect are obligatory for all state and other bodies, the organizations, officials and citizens and are subject to execution in all territory of the Republic of Uzbekistan.
Non-execution of court resolution attracts the responsibility provided by the law.
Obligation of court resolution does not deprive of interested persons of opportunity to take a legal action behind protection of the rights and the interests protected by the law, the dispute on which was not considered and resolved by court.
The civil case (further - case) on the first instance is considered by the judge solely. By individual consideration and permission of case the judge acts on behalf of court.
The structure of court for consideration of specific case is created taking into account loading and specialization of judges according to the procedure, excluding influence on its forming of persons interested in the result of legal proceedings with use of the automated information system.
Consideration of the case in courts of appeal and cassation instance is performed jointly as a part of three judges.
Trial de novo in cassation procedure is made jointly as a part of five judges.
In case of joint consideration of the case one of judges presides in judicial session.
All judges by consideration and permission of case have the equal rights.
Case which consideration is begun by one judge or structure of court shall be ended by consideration by the same judge or structure of court.
Replacement of the judge or one of judges is possible in case:
declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge;
impossibility of timely consideration of the case in view of absence of the judge.
After replacement of the judge consideration of the case is started anew.
All questions arising in case of case trial are solved the judge solely, and in joint structure - judges by a majority vote.
In case of the solution of question in joint structure none of judges have no right to abstain from vote. The chairman votes the last.
The judge who remained in minority shall sign court resolution, and has the right to state special opinion in writing. The special opinion of the judge is filed in sealed envelope, but not disclosed. Do not acquaint with special opinion of the judge of persons participating in case. The court of higher instance has the right to get acquainted with special opinion of the judge.
The judge considering case in Trial Court cannot consider this case repeatedly if the judgment is cancelled by court of appeal or cassation instance, except cases of hearing of cases on newly discovered facts, and also review of the decision made according to the procedure of the correspondence production.
The judge considering case in Trial Court cannot participate in consideration of this case in court of appeal or cassation instance.
The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in court of the first or cassation instance.
The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in court of the first or appellate instance, or in court of cassation instance in case of de novo review of this case according to Article 419-3 of this Code.
The judge cannot consider case and is subject to branch if it:
1) by the previous consideration of this case participated in quality of the judge and his repeated participation in consideration of the case according to requirements of this Code is inadmissible;
2) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in its objectivity and impartiality;
3) by the previous consideration of this case participated in quality of the judge of reference tribunal, the prosecutor, expert, specialist, translator, court session secretary, witness and representative;
4) is relative of the party or other persons participating in case;
5) is relative of the judge who is part of the board considering case.
The bases for branch specified in Items 2 and 4 of Article of 21 of this Code extend also to the prosecutor, the expert, the specialist, the translator and the court session secretary.
Branch can be declared to the expert, the specialist and the translator if they are in job or other dependency from the parties or other persons participating in case, and to the expert and the specialist - also if they made audit or drew the conclusion which materials formed the basis to initiation of proceedings.
In the presence of the circumstances specified in Articles 21 and 22 of this Code, the judge, the prosecutor, the expert, the specialist, the translator, the court session secretary shall declare rejection. On the same bases branch by persons participating in case can be declared to them.
Branch to the prosecutor, the expert, the specialist, the translator, the court session secretary can be considered also at the initiative of court.
Branch shall be motivated and is declared prior to substantive prosecution. The latest statement of branch is allowed only in cases when the basis of branch became known to the court or person declaring branch after the beginning of trial of case.
Repeated branch on the same bases cannot be declared by the same person. In case of the statement of repeated branch it is not subject to consideration.
In case of the statement of branch the court shall listen to opinion of persons participating in case and also to hear person to whom branch is declared if taken away wishes to offer explanation.
The question of removal of the judge considering case solely is allowed by the chairman of justices, and in mononuclear court - the same judge.
The branch declared to the judge - to the member of judicial board, is allowed by other judges - members of board in absence taken away. In case of equal number of votes, given for branch and against branch, the judge is considered taken away.
The branch declared to two judges or all structure of court in case of joint consideration of the case is allowed by the same structure of court by a simple majority vote.
For permission of question of branch the judge (court) leaves to the certain room (the consultative room) and takes out determination about acceptance or variation of branch.
The question of rejection and of removal of the prosecutor, the expert, the specialist, the translator and the court session secretary is allowed by the court considering case, according to the procedure, provided by this Article.
In case of removal of the judge case is considered in the same interdistrict, district (city) court on civil cases, but other judge, or submitted to other interdistrict, district (city) court on civil cases.
In case of removal of the judge or all structure of court when considering the case in the Supreme Court of the Republic of Uzbekistan, Court of the Republic of Karakalpakstan, regional and Tashkent city courts case is considered in the same court, but in other structure of court.
The case shall be submitted to the Supreme Court of the Republic of Uzbekistan if in Court of the Republic of Karakalpakstan, regional or Tashkent city courts after satisfaction of branch for the reasons specified in Article of 21 of this Code it is impossible to form new structure of court for consideration of this case. In this case case is considered by the Supreme Court of the Republic of Uzbekistan or according to the order of the chairman of the Supreme Court of the Republic of Uzbekistan is sent for consideration of other relevant court.
Cases are subordinated to court on civil cases:
1) on the disputes arising from civil, family, employment, housing, land and other legal relationship if at least one of the parties is the citizen, except as specified, when permission of such disputes is carried by the law to maintaining other courts or other bodies;
2) special proceeding, 293 of this Code listed in Article;
3) specified in Chapter 18 of this Code and permitted according to the procedure of mandative production;
4) about contest of decisions of reference tribunals and about issue of writs of execution on forced execution of decisions of reference tribunals;
5) about recognition and carrying out of foreign judgements and foreign reference tribunals (arbitration).
6) about contest of decisions of the companies, organizations, organizations, public associations and actions (failure to act) of their officials who are not arising from administrative and other public legal relationship.
Also other cases referred by the law to their competence are subordinated to courts.
In case of combination of several requirements connected among themselves from which one are subordinated to court on civil cases and others - to economic court, all requirements are subject to consideration in court on civil cases.
Combination of several requirements connected among themselves from which one are subordinated to court on civil cases, and others - to administrative court is not allowed
.The cases specified in article 26 of this Code are considered by interdistrict, district (city) courts on civil cases, except as specified, when consideration of such cases is referred by the law to competence of other courts.
Court of the Republic of Karakalpakstan, regional, Tashkent city courts consider cases on adoption (adoption) in which applicant is the foreign citizen or the stateless person, and also the another matters carried by the law to their competence.
The court of the Republic of Karakalpakstan, regional, Tashkent city courts depending on special circumstances has the right to withdraw any case from interdistrict, district (city) court on civil cases and to accept it to the production as Trial Court or to submit the case from one court to other interdistrict, district (city) court on civil cases.
The Supreme Court of the Republic of Uzbekistan considers the cases referred by the law to its competence, and also, depending on the special circumstances having the right to withdraw any case from any court of the Republic of Uzbekistan and to accept it to the production as Trial Court or to submit the case from one court to other relevant court.
The case accepted by court to the production with observance of rules of cognizance shall be authorized to them in essence though further it became jurisdictional to other court.
The court submits case of other court in cases if:
Recognizes 1) that this case will be timely and is comprehensively considered in other court, in particular, in the location of the most part of proofs;
2) after removal of one or several judges their replacement in this court becomes impossible;
3) when considering the case in this court it became clear that case was accepted to production with cognizance abuse of regulations.
In case of submission of demand in court on civil cases with jurisdiction abuse of regulations the action for declaration (statement) is submitted to economic court or administrative court on jurisdiction.
If during consideration of the case it is revealed that the action for declaration (statement) was adopted to production with jurisdiction abuse of regulations, the court on civil cases takes out determination about transfer of case papers into consideration of economic court or administrative court on jurisdiction and the termination of civil legal proceedings.
The private complaint (protest) can be made about determination of court on civil cases about transfer of the action for declaration (statement), case papers in other court on jurisdiction.
The action for declaration (statement), the case papers transferred from court on civil cases to other court on jurisdiction shall be accepted by court to which they are transferred.
Disputes on jurisdiction between courts in the Republic of Uzbekistan are not allowed.
Case referral from one court in other court is made based on determination of court after term on appeal (protest) of this determination, and in case of submission of the claim (protest) - after removal of determination about leaving of the claim (protest) without satisfaction.
The case directed from one court to another shall be taken cognizance by court to which it is directed.
Disputes on cognizance are not allowed.
Applications are submitted to court around which activities the defendant has the permanent residence or regular occupation.
Applications to the organizations are submitted to court in the place of their state registration.
Claims to the defendant whose residence is unknown can be shown in court in the location of its property or in the last known place of his residence.
Claims to the defendant who does not have residence in the Republic of Uzbekistan can be shown in court in the location of its property or in the last known place of his residence in the Republic of Uzbekistan.
Recovery suits of the alimony, about paternity proof and about indemnification, caused by mutilation or other damage of health or the death of the supporter, can be shown by the claimant also in the place of his residence.
Indemnification claims, the courts caused by collision, and also about collection of remuneration for assistance and rescuing on water can be shown in court also in the location of the vessel of the defendant or vessel's home port.
The claims following from agreements in which the place of execution is specified can be shown in court also in the place of agreement performance.
Compensatory actions, the citizen caused to property or the legal entity, can be shown in court also in the place of damnification.
The claims following from activities of branch of the legal entity can be shown in court also in the branch location.
Claims to several defendants living or being in different places, or to the defendants who are legal entities and being in different places, are shown in court at the place of residence or the place of state registration of one of defendants in the choice of the claimant.
The claims for recovery of labor, pension and housing laws, return of the property or its cost connected with indemnification, caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention or illegal application of administrative punishment in the form of arrest can be shown in court also at the place of residence of the claimant.
Actions of rescission of scrap can be made in court at the place of residence of the claimant when for it departure in interdistrict, district (city) court on civil cases in the place of residence of the defendant is represented difficult because in case of it there are minor children, and also owing to disability or serious illness.
Actions of rescission of marriage with persons, acknowledged it is unknown absent, or incapacitated owing to their mental disturbance, and also with persons condemned to imprisonment for the term of at least three years can be considered at the request of the claimant in court at its place of residence.
Claims for the right to structure, for release of property from arrest, for establishment of procedure for use of the parcel of land are jurisdictional to court in the location of structure, property or the parcel of land.
The claims of creditors of the testator made before inheritance acceptance by heirs are jurisdictional to court in the location of heritable property or its main part.
The claims to carriers following from transportation agreements of passengers, loads or baggage are shown in the place of state registration of body of transport organization to which complaint was in accordance with the established procedure made.
The parties can under the agreement among themselves change territorial cognizance for this case.
Cognizance, stipulated in Clause the 35th of this Code, is not subject to change by agreement of the parties.
Irrespective of cognizance the counter claim is made in court in the place of consideration of the original action.
The civil action following from criminal case if it was not declared or was not resolved in case of production of criminal case, is shown for consideration according to the procedure of civil legal proceedings by general rules of cognizance of civil cases.
Persons participating in case the parties, the third parties, their representatives, applicants and other interested persons on the cases of special proceeding considered in court, the prosecutor, the state bodies, the organizations and certain citizens participating in case in protection of the rights and the interests of other persons protected by the law are recognized.
Persons participating in case have the right to get acquainted with case papers, to do of them statements, to make copies, to declare branches, to produce the evidence, to participate in research of proofs, to ask questions to other persons participating in case and to persons promoting justice implementation to make statements, to declare petitions, to offer oral and written explanations for court, to state the arguments on all arising during legal proceedings to questions, to object to statements, petitions, arguments of other persons, to appeal (to protest) court resolutions, to require forced execution of court resolutions, to be present and perform the rights when making actions by the state contractor.
Persons participating in case have also other procedural law provided by this Code.
Persons participating in case shall have honesty the procedural law granted to them and carry out the obligations assigned to them.
Capability have civil procedural law and obligations (legal capacity) is recognized equally for all citizens and the organizations.
Capability perform the rights and obligations in court belongs to the citizens who reached age of majority and the organizations.
The rights and interests of minors, that is citizens protected by the law aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited by capable, defend themselves in court their parents, adoptive parents or custodians. However, it does not deprive of the right of participation in such cases of the minors and citizens recognized restrictedly as capable.
On the cases on collection of the alimony from parents and also arising from employment legal relationship and from the transactions connected with the order the gained earnings or other income, minors have the right to personally protect the rights and interests protected by the law in court. The question of attraction to participation on such cases of parents, adoptive parents, custodians of minors for rendering the help to them is solved court.
The minor who reached sixteen years can personally perform the rights and obligations in court in case of the announcement its sui juris (emancipation), according to the procedure, established by the legislation.
The rights and interests of the juveniles who did not reach fourteen years protected by the law and also the citizens recognized incapacitated owing to their mental disturbance defend themselves in court their legal representatives - parents, adoptive parents or guardians.
The parties in civil legal proceedings are the claimant (applicant) and the defendant.
Claimant is person which is taking a legal action for the purpose of protection of the violated or disputed rights or interests protected by the law or for the benefit of which proceedings are initiated.
Defendant is person to whom requirement is imposed.
Applicant is person who submitted the application for special proceeding and to the another matters provided by this Code.
The parties have the equal procedural law and perform equal duties.
The claimant has the right to change the basis or subject of the declared requirements, to impose additional requirements, to increase or reduce the size of claims, to refuse fully or partially them.
The defendant has the right to recognize fully or partially requirements of the claimant, to make the counter claim.
The parties in claim production have the right to end case by the conclusion of the voluntary settlement at any stage of legal procedure or the mediativny agreement in Trial Court before removal of court to the certain (consultative) room for acceptance of court resolution.
The claim can be made jointly by several claimants or to several defendants (procedural partnership). Procedural partnership is allowed also for special proceeding.
Procedural partnership is allowed if:
matter in issue are common laws or obligations of several claimants or defendants;
the rights and obligations of several claimants or defendants have one basis;
matter in issue are the homogeneous rights and obligations.
Each of claimants and defendants in relation to other party acts in legal procedure independently. Procedural partnership is possible also at the third parties.
Procedural accomplices can charge conducting case to one of accomplices.
Court, taking into account nature of the disputable legal relationship having the right to attract to participate in the case of the codefendant who is not involved in case on the initiative or of the petition of the parties.
In case of involvement of other defendant to participation in case consideration of the case is made at first.
Court, having determined that the claim is made not allow replacement of the inadequate defendant with the proper defendant to that person who shall answer in the claim, can before decision making with the consent of the claimant.
If the claimant does not agree to replacement of the defendant with other person, the court can involve this person as the codefendant.
About replacement of the inadequate defendant the court takes out determination.
After replacement of the inadequate defendant consideration of the case is made at first.
In case of disposal of one of the parties, the third party or the legal representative in the disputable or established by the judgment legal relationship (the death of the citizen, reorganization of the legal entity, requirement concession, transfer of debt, etc.) the court allows replacement of these persons with their legal successors.
The legal succession is possible at any stage of civil legal proceedings. About the introduction in legal procedure of the legal successor determination is taken out.
After replacement of the party with the legal successor legal procedure continues at that stage in which replacement is made.
For the legal successor all actions made in legal procedure to its introduction are obligatory in the same measure in what they would be obligatory for person who the legal successor replaced. The legal successor has the right to study all case papers.
The third parties declaring independent requirements regarding dispute can go into action before adoption of the decision by court. They have all rights and perform all duties of the claimant.
If the third parties declaring independent requirements regarding dispute went into action after the beginning of legal proceedings, consideration of the case is made at first.
The third parties who are not declaring independent requirements regarding dispute can go into action on the party of the claimant or defendant before adoption of the decision by court if the decision on case can affect their rights or obligations in relation to one of the parties. They can be attracted to participate in case also on the petition of the parties, the prosecutor, other persons participating in case or at the initiative of court.
The third parties who are not declaring independent requirements regarding dispute have procedural law and perform procedural obligations of the Parties, except the right to change of the basis or subject, increase or reduction of the size of the declared requirements, refusal of them.
In case of recognition of the declared requirements by the third party who is not declaring independent requirements regarding dispute when the rights of the claimant are violated as a result of its actions or failure to act, the court has the right to make the decision on assignment of discharge of duty on the third party. In similar cases the conclusion of the voluntary settlement or the mediativny agreement between the claimant and the third party who is not declaring independent requirements is allowed.
If the third party who is not declaring independent requirements regarding dispute went into action after the beginning of legal proceedings, consideration of the case is made at first.
The prosecutor has the right to take a legal action with the statement in protection of the violated rights, freedoms and legitimate interests of citizens when the citizen for health reasons, to age or other reasons cannot personally assert the rights, freedoms and legitimate interests in court.
The prosecutor has the right to be involved in trial of civil case only in cases when it is provided by the law, and also on the proceedings initiated according to the statement of the prosecutor. The prosecutor on own initiative cannot be involved in trial of the proceedings initiated according to the statement of other persons.
The prosecutor who submitted the application has all procedural law and performs all procedural duties of the claimant, except for the rights to the conclusion of the voluntary settlement or the mediativny agreement and obligation on payment of court costs.
The prosecutor has the right to refuse fully or partially the submitted application, to offer to court explanations concerning the requirements declared to them in protection of the rights and interests of other persons, to state opinion on the merits of the case, and also on the single questions arising during case trial, to protest court resolution.
The prosecutor has no right to change the basis or subject of the requirements declared to them, to declare additional requirements, to increase or reduce the size of claims if there is no consent of the claimant on that.
The refusal of the claimant of the claim which was made in protection of its rights by the prosecutor attracts leaving of the action for declaration (statement) without consideration if the rights, freedoms and legitimate interests of the third parties are not affected
.The refusal of the prosecutor of the claim (statement) made in protection of interests of other person does not deprive this person of the right to require substantive prosecution.
In the cases provided by the law, state bodies, the organizations and certain citizens have the right to take a legal action with the statement in protection of the rights, freedoms and the interests of other persons protected by the law.
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