Approved by the Law of the Republic of Uzbekistan of January 24, 2018, No. ZRU-461
The legislation on economic legal proceedings consists of of this Code and other acts of the legislation.
The legislation on economic legal proceedings establishes procedure for hearing of cases of mandative, claim production and separate categories of cases.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan then are applied rules of the international treaty.
Tasks of economic legal proceedings are:
protection of the violated or challenged rights or interests of the companies, organizations, the organizations protected by the law (further - the legal entity) and citizens in the economic sphere;
assistance to strengthening of legality and to the prevention of offenses in the economic sphere;
forming of respect for the law and court.
Any interested person has the right to appeal to economic court (court) behind protection of the violated or challenged rights or interests protected by the law according to the procedure, established by this Code.
In cases, stipulated by the legislation, other persons also have the right to appeal to court.
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, separate categories of cases and in other cases provided by this Code;
the claim (protest) - in case of the appeal to courts of appeal and cassation instances, and also in other cases provided by this Code and other laws.
The address and documents attached to it can be taken to court in the form of the electronic document.
Economic case is created on the basis of the documents brought into court by persons participating in case and other participants of economic legal proceedings, the documents requested by court during consideration of the case and also the court and other resolutions which are drawn up on papers.
Economic case can be created electronically.
When forming economic case electronically persons participating in case and other participants of economic legal proceedings have the right to bring the documents electronically confirmed with the digital signature into court. The written instruments brought into court by persons participating in case and other participants of economic legal proceedings are filed electronically then written instruments return to persons which provided them.
In case of forming of economic case electronically court resolutions are confirmed by the digital signature of the judge (judges), and protocols of judicial sessions and separate legal proceedings are confirmed by the digital signature of the chairman and court session secretary.
Transfer of economic case electronically to other court or other body is performed on telecommunication channels.
The economic case created electronically can have the copy on paper.
The court adopts court resolutions in the form of the decision, determinations, resolutions, the writ.
In Trial Court by results of substantive prosecution the decision is made.
By results of consideration appeal and writs of appeal (protests) resolutions are accepted by courts of appeal and cassation instances.
By results of the consideration of the case about administrative offense referred by the legislation to competence of the courts the resolution is accepted.
By results of consideration of the application of the creditor according to indisputable requirements by the court takes out the writ.
Acts of court by which case is not allowed in essence are taken out in the form of determinations.
Court resolutions can be created in the form of the electronic document with use of information system.
Justice on economic cases is performed only by court by the rules established by this Code.
The dispute resolution in court is performed on the basis of equality before the law and court of legal entities irrespective of pattern of ownership, the location, subordination, and citizens - irrespective of floor, race, nationality, language, religion, social origin, beliefs, personal and social standing, and also other circumstances.
When implementing justice of the judge are independent and submit only to the law.
Any intervention in activities of judges for administration of law is inadmissible and attracts legal accountability.
Guarantees of independence of judges are established by the law.
Economic legal proceedings are performed on the basis of competitiveness and equality of participants.
Economic legal proceedings are conducted in the Uzbek, Karakalpak languages or in language of the majority of the population of this area.
The right of acquaintance with case papers, participations in judicial actions through the translator and the right to appear in court in the native language or freely chosen communication language is provided to the participants of legal procedure who are not knowing language in which legal proceedings are conducted.
The court resolutions adopted during legal proceedings are constituted in the same language in which judicial session was held.
Trial of cases in economic courts open.
Hearing of the case in the closed judicial session is allowed, when necessary for preserving the state secret, the commercial or protected by the law other secret. Hearing of the case in the closed judicial session in the mode of video conferencing is not allowed, and audio-and the video of such meeting is not made.
When carrying out hearing in the closed judicial session case forming electronically is not allowed.
About trial of case in the closed judicial session determination is taken out.
The judgment in all cases is disclosed publicly.
The court resolutions which took legal effect are 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 in case of trial of case shall research directly all proofs on case.
The court resolves cases based on the Constitution and the laws of the Republic of Uzbekistan, other acts of the legislation, and also international treaties of the Republic of Uzbekistan.
Court, having established when considering the case discrepancy of the act of the state or other body to the law, including its acceptance with abuse of authority, makes the decision according to the law.
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.
By hearing of cases on disputes between subjects of entrepreneurship and state bodies, including law enforcement and monitoring bodies, and also banks all ineradicable contradictions and ambiguities of the legislation arising in connection with implementation of business activity are interpreted for benefit of the subject of entrepreneurship.
The court according to the law or the international treaty of the Republic of Uzbekistan applies rules of law of foreign states.
In case of application of regulations of foreign law the court establishes content of these regulations according to their interpretation and practice of application in the corresponding foreign state.
For the purpose of establishment of content of regulations of foreign law the court can address in accordance with the established procedure for assistance and explanation in competent authorities or the organizations of the Republic of Uzbekistan and foreign states or to involve experts.
Persons participating in case can submit the documents confirming content of regulations of foreign law to which they refer in reasons for the requirements or objections and to otherwise assist economic court in establishment of content of these regulations.
If content of regulations of foreign law, despite the taken measures, are not established, the economic court applies the relevant standards of the right of the Republic of Uzbekistan.
The court resolutions which took legal effect are obligatory for all state bodies, self-government institutions of citizens, other bodies, public associations, the companies, organizations, the organizations, officials and citizens and are subject to execution in all territory of the Republic of Uzbekistan.
Non-execution of court resolutions attracts the responsibility established by this Code and other laws.
Cases on the first instance in all courts are considered by the judge solely.
Hearing of cases in appeal and cassation procedure 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 when considering the case have the equal rights.
In case by this Code the judge is granted the right to solely consider case and to resolve single questions, it 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.
Case which consideration is begun by one judge or structure of court shall be considered 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 consideration of the case in type of absence of the judge.
After replacement of the judge consideration of the case is started anew.
The questions arising when considering the case by court in joint structure are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The judge presiding in meeting votes the last.
The judge not concordant with opinion of the majority shall sign court resolution and has the right to state in writing the special opinion which in sealed envelope is filed, but does not appear. Persons participating in case with special opinion of the judge are not acquainted.
The court of higher instance has the right to get acquainted with special opinion of the judge.
The judge who was involved in consideration of the case in Trial Court cannot participate in case of new trial of this case in Trial Court if the judgment is cancelled by court of appeal or cassation instance, except cases of hearing of cases on newly discovered facts.
The judge who was involved in consideration of the 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 305-1 of this Code.
The judge cannot be involved in consideration of the 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) by the previous consideration of this case participated in quality of the judge of reference tribunal, the arbitrator, prosecutor, expert, specialist, translator, court session secretary, representative or witness;
3) is relative of persons participating in case or their representatives;
4) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in his impartiality;
5) is relative of the judge who is part of the board considering case.
The prosecutor, the expert, the specialist, the court session secretary or the translator cannot be involved in consideration of the case and is subject to branch if it:
1) is relative of persons participating in case or their representatives;
2) personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances raising doubts in his impartiality.
The bases for removal of the expert and the specialist also are:
1) its job or other dependency at the time of trial of case or in the past from persons participating in case or their representatives;
2) production of audit or are used by it which materials formed the basis or reason for appeal to the court when considering the case.
In the presence of the bases specified in Articles 20 and 21 of this Code, the judge, the prosecutor, the expert, the specialist, the court session secretary and the translator 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 court session secretary, the translator can be considered also at the initiative of court.
Rejection or branch shall be motivated and declared prior to substantive prosecution.
During consideration of the case the statement for rejection or for branch is allowed only if the basis of rejection or branch became known to person declaring rejection or branch after the beginning of substantive prosecution.
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 hears opinion of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.
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 question of removal of the judge when considering the case in joint structure is resolved by the same structure of court by a majority vote in the absence of the judge to whom branch is declared. In case of equal poll, given for branch and against branch, the judge is considered taken away.
The question of the branch declared to several judges or all structure of the court considering case is allowed by the same structure by a simple majority vote.
The question of rejection and of removal of the prosecutor, the expert, the specialist, the court session secretary and the translator is allowed by the court considering case.
The question of rejection of the judge is resolved by court according to the procedure, provided by this Article.
By results of consideration of question of branch determination is taken out.
In case of allowance of the application about rejection or about removal of the judge, either several judges, or all structure of court case is considered in the same court, but in other list of judges.
If as a result of satisfaction of rejection and branch it is impossible to create new structure of court for consideration of the case in the same court, the case shall be submitted to other court.
Are subordinated to economic court:
1) cases on the disputes arising in the economic sphere from civil, administrative and other legal relationship between the legal entities and citizens who are performing business activity without formation of legal entity and having the status of the individual entrepreneur acquired in the procedure established by the law, and also citizens, being the parties by hearing of cases on corporate disputes (further - citizens);
2) cases on establishment of the facts important for origin, change or the termination of the rights of legal entities and individual entrepreneurs in the economic sphere (further - about establishment of the facts having legal value);
3) cases on bankruptcy;
4) the cases connected with arbitration;
4-1) cases connected with arbitration proceeding;
5) cases on the corporate disputes specified in article 30 of this Code, except for employment disputes;
5-1) cases on the investment disputes specified in Article 30-1 of this Code;
5-2) cases on the competition specified in Article 30-2 of this Code;
6) cases on recognition and carrying out of foreign judgements and arbitration.
Also cases on disputes with participation of the citizens who lost the status of the individual entrepreneur in cases are subordinated to court if relevant requirements follow from their previous business activity.
By the law also another matters can be carried to jurisdiction of court.
The court considers cases subordinated to it with participation of legal entities and citizens of the Republic of Uzbekistan, and also foreign legal entities, the international organizations, foreign citizens, the stateless persons performing business activity if other is not provided by the international treaty of the Republic of Uzbekistan.
In case of combination of several requirements connected among themselves from which one are subordinated to economic court and others - to court on civil cases, all requirements are subject to consideration in court on civil cases.
Combination of several requirements connected among themselves from which one are subordinated to administrative court, and others - to economic court is not allowed.
The cases specified in Items 4-1, 5 and 5-1 to part one of this Article are considered by court irrespective of whether are participants of legal relationship from which there was dispute, legal entities or physical persons.
The economic court resolves disputes:
1) about the disagreements which arose in case of the conclusion of the agreement which obligation of the conclusion is provided by the law;
2) about the disagreements which arose in case of the conclusion of the agreement which transfer for consideration of court is approved by agreement parties;
3) about change or agreement cancelation;
4) about recognition of the transaction invalid;
5) about non-execution or improper execution of obligations;
6) about recognition of the property right;
7) about reclamation by the owner or other legal owner of property from others adverse possession;
8) about violation of property rights on objects of intellectual activities and means of individualization of participants of civil circulation, goods, works and services;
9) about violation of the rights of the owner or other legal owner which are not connected with deprivation of ownership;
10) about indemnification;
11) about protection of goodwill;
12) about recognition not subject to execution of executive or other document on which collection is made in indisputable procedure (without acceptance), except for executive or other document, according to the requirements following from administrative and other public legal relationship;
13) about collection from legal entities and citizens of penalties monitoring bodies if the law does not provide indisputable procedure for their collection (without acceptance);
14) about return from the cash budget, requirements of the legislation which are written off with violation by monitoring bodies, in indisputable procedure (without acceptance).
The court resolves also other disputes carried by the law to its competence.
Cases on recognition by the bankrupt of the legal entities and citizens who are performing business activity without formation of legal entity and having the status of the individual entrepreneur acquired in the procedure established by the law and also the physical persons which lost the status of the individual entrepreneur not capable to meet requirements of creditors for monetary commitments and (or) to fulfill duties on obligatory payments belong to cases on bankruptcy if monetary commitments and obligations on obligatory payments follow from their previous business activity.
Cases on statements belong to the cases connected with arbitration:
1) about taking measures to providing the claim;
2) about contest of decisions of reference tribunals;
3) about issue of writs of execution on forced execution of decisions of reference tribunals.
The cases listed in part one of this Article are considered by economic courts by general rules of economic legal proceedings with those features which are specified in heads 8, of the 28 and 29 of this Code.
Cases on statements belong to the cases connected with the arbitration proceeding provided by the Law of the Republic of Uzbekistan "About the international commercial arbitration":
1) about appointment of the arbitrator;
2) about satisfaction of challenge to arbitrator;
3) about decision making concerning cancellation of powers of the arbitrator;
4) about decision making concerning jurisdiction of Arbitration Court;
5) about recognition and carrying out of interim measures;
6) about acceptance of interim measures;
7) about assistance in receipt of proofs;
8) about cancellation of the arbitral decision;
9) about recognition and carrying out of the arbitral decision.
The cases listed in part one of this Article are considered by economic courts by general rules of economic legal proceedings taking into account features which are specified in Chapter 29-1 of this Code.
The cases listed in Items 1 - 4, 7 and 8 parts one of this Article, are considered by economic courts only if the place of arbitration is in the Republic of Uzbekistan.
By agreement of the parties arising or able to arise the dispute following from civil legal relationship and subordinated to economic court before adoption of the decision by it can be submitted reference tribunal.
Treat cases on corporate disputes:
1) the disputes connected with creation, reorganization and liquidation of the legal entity;
2) the disputes connected with accessory of shares, share in authorized capital (authorized capital) of economic societies and partnerships, shares of members of cooperatives, establishment of their encumbrances and realization of the rights following from them, except for the disputes arising in connection with the Section of the inherited property or the Section of the common property of spouses including shares, shares in authorized capital (authorized capital) of economic societies and partnerships, shares of members of cooperatives;
3) disputes over claims of members (founders, members) of the legal entity on recognition invalid the transactions made by the legal entity and (or) application of consequences of invalidity of such transactions;
4) the disputes connected with issue of securities including with contest of decisions of governing bodies of the issuer, with contest of the transactions made in the course of placement of issued securities, reports (notifications) on release results (additional release) of issued securities;
5) the disputes following from the activities of nominee holders of securities connected taking into account share rights and other securities with implementation by them of other rights and obligations provided by the law in connection with placement and (or) security circulation;
6) disputes on convocation of general meeting of members of the legal entity;
7) disputes on appeal of decisions of governing bodies of the legal entity.
Other disputes according to the law also can be carried to cases on corporate disputes.
Treat cases on investment disputes:
1) the disputes connected with the conclusion, change and termination of investment agreements;
2) disputes on recognition invalid investment agreements;
3) the disputes connected with execution of the investment agreement;
4) the disputes connected with execution by the investor of the tax, customs, social, ecological and other liabilities following from the investment agreement;
5) the disputes connected with reclamation of the property provided to the investor under the investment agreement or penalty and (or) losses under such agreement.
Disputes between legal entities, including foreign, bodies of economic board, individual entrepreneurs and antimonopoly authority, following from the relations in the field of the competition in the goods and financial markets belong to cases on the competition.
Treat cases on recognition and carrying out of foreign judgements and arbitration:
recognition and carrying out of the foreign judgements made by them on the disputes arising when implementing business and other economic activity;
recognition and carrying out of the decisions of foreign arbitration made by them on the disputes arising when implementing business and other economic activity.
In case of submission of demand in economic court with jurisdiction abuse of regulations the action for declaration (statement) is submitted to court on civil cases 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 economic court takes out determination about transfer of case papers into consideration of court on civil cases or administrative court on jurisdiction and the termination of economic legal proceedings.
Determination about transfer of the action for declaration (statement), case papers from economic court in other court on jurisdiction can be appealed (is protested).
The action for declaration (statement), the case papers transferred from economic court 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.
The cases subordinated to court are considered by interdistrict, district (city) economic courts, except for put, cognizable to the Supreme Court of the Republic of Uzbekistan and Court of the Republic of Karakalpakstan, regional and Tashkent city to courts.
Court of the Republic of Karakalpakstan, regional and Tashkent city courts consider cases:
in which one of the parties is the foreign person - the nonresident of the Republic of Uzbekistan;
connected with arbitration proceeding;
about recognition and carrying out of foreign judgements and arbitration.
The disputes following from economic agreements between state bodies, public authorities on places are considered by the Supreme Court of the Republic of Uzbekistan.
The Supreme Court of the Republic of Uzbekistan depending on special circumstances has the right to withdraw any case from any court and to accept it to the production on the first instance, to submit the case from one court to another.
At the request of the large investor on investment disputes, the parties on cases on the competition of case of this category are considered by directly Supreme Court of the Republic of Uzbekistan, other investment disputes over desire of the investor are considered by courts Court of the Republic of Karakalpakstan, regional and Tashkent city courts as Trial Court.
Claims to legal entities are made in court in the place of their state registration.
The claims to legal entities following from activities of their separate divisions are shown in court in the place of state registration of separate divisions.
Claims to citizens are made in court in the place of their state registration as the individual entrepreneur.
Claims to several defendants who are in different places are shown in court at the choice of the claimant in the place of state registration of one of defendants.
Claims to the defendant whose place of state registration is unknown can be shown in court in the location of its property or in its last known location.
Claims to the defendant who is the citizen of the Republic of Uzbekistan and being in the territory of other state can be shown in the location of the claimant or property of the defendant.
The claims following from the agreement in which the place of execution is specified can be shown in the place of obligation fulfillment.
The claims connected with investing activities of the investor who is not the large investor can be shown in interdistrict, district (city) economic court or Court of the Republic of Karakalpakstan, regional and Tashkent city courts in the location of the defendant.
The claims connected with investing activities of the large investor and also the claims following from the relations in the field of the competition in the goods and financial markets can be shown in interdistrict, district (city) economic court or the Supreme Court of the Republic of Uzbekistan.
Cases on establishment of the facts having legal value are considered in court in the place of state registration of the applicant.
Cases on establishment of the facts having legal value for origin, change or the termination of the right to real estate are considered in court in the location of real estate.
Cases on bankruptcy of legal entities and citizens are considered in court in the place of state registration of the debtor.
Claims for recognition of the property right to real estate, disputes on real estate, including on reclamation of real estate from others adverse possession or on elimination of violations of the rights of the owner or other legal owner which are not connected with deprivation of ownership and other claims for the rights to real estate are made in court in the location of real estate.
The claims to carrier following from transportation agreements of passengers, baggage and freights including if the carrier is one of defendants, are shown in court in the location of body of transport organization.
The application for cancellation of the decision of reference tribunal is submitted to economic court in the location of reference tribunal.
The statement for taking measures to providing the claim considered in reference tribunal and also for issue of writ of execution on forced execution of the decision of reference tribunal moves in economic court in the location of reference tribunal or state registration of the debtor or if the place of state registration of the debtor is unknown, in the location of its property.
The statement for appointment of the arbitrator, satisfaction of challenge to arbitrator, decision making concerning cancellation of powers of the arbitrator, decision making concerning jurisdiction of Arbitration Court, assistance in receipt of proofs, and also about cancellation of the arbitral decision moves in economic court in the arbitration place.
The statement for recognition and carrying out of interim measures, acceptance of interim measures in the claim considered in Arbitration Court moves in economic court in the place of arbitration or state registration of the debtor or if the place of state registration of the debtor is unknown, in the location of its property.
Claims for corporate disputes are made in the location of the legal entity specified in article 30 of this Code.
Counter claims are made in court in the place of consideration of the original action.
The cognizance established by Articles 33 and 34 of this Code can be changed by agreement of the parties.
The case accepted by court to the production with observance of rules of cognizance shall be considered by it in essence, at least further it became cognizable to other court.
The court submits case of other court if:
1) when considering the case in this court came to light that it was accepted to production with cognizance abuse of regulations;
2) after removal of one or several judges their replacement in this court becomes impossible, and also in other cases when it is impossible to consider case in this court.
About case referral determination is submitted for consideration of other court.
The case directed from one court to another shall be taken cognizance by court to which it is directed.
Disputes on cognizance between economic courts in the Republic of Uzbekistan are not allowed.
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