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RESOLUTION OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN

of June 17, 2020 No. PP-4754

About measures for further enhancement of mechanisms of the alternative dispute resolution

(as amended of the Presidential decree of the Republic of Uzbekistan of 09.11.2021 No. UP-3)

In the country consecutive work on implementation of modern mechanisms of enhancement of dialogue of state bodies with the population, ensuring reliable protection of the rights and freedoms of citizens, and also the solution of their problems is carried out.

At the same time the present stage of reforms in this sphere testifies to need of creation of single system of pre-judicial consideration of disputes for state bodies, transformations of mediation, reference tribunals and international arbitrations into the effective alternative institutes of the dispute resolution which are credible citizens and entrepreneurs.

For the purpose of enhancement of system of protection of the rights and legitimate interests of physical persons and legal entities, expansion of alternative opportunities of the dispute resolution, and also cardinal increase in role of institute of mediation, reference tribunals and international arbitrations in optimization of amount of work in courts:

1. Take into consideration that:

according to the Economic Procedure Code and the Code of civil procedure of the Republic of Uzbekistan the judge by preparation of case for legal proceedings finds out possibility of the conclusion of the voluntary settlement or use of alternative methods of the dispute resolution from the parties and explains their consequence in law;

creation of alternative mechanisms of the dispute resolution in legal society is considered as effective remedy of recovery of the violated rights of physical persons and legal entities.

2. Agree with the offers of the Ministry of Justice of the Republic of Uzbekistan providing since August 1, 2020 according to the procedure of experiment:

creation of Appeal councils on pre-judicial dispute settlement between physical persons and legal entities and state bodies (further - Appeal council) under the State Customs Committee, the State committee on land resources, geodesy, to cartography and the state inventory, the Off-budget pension fund under the Ministry of Finance of the Republic of Uzbekistan, and also khokimiyats of the Namangan, Bukhara and Tashkent regions;

establishment of procedure for consideration by Appeal council of the addresses about violation of the rights and freedoms and also protected by the law of interests of physical persons and legal entities as a result of illegal actions (decisions) or failure to act of state bodies or officials.

Determine that this procedure does not exclude the right of the appeal of physical persons and legal entities on such cases directly in other authorized state bodies.

3. Determine the main objectives of Appeal council:

taking measures to the dispute resolution, arising between physical persons and legal entities and state body, way of pre-judicial consideration and adoption of the conclusions;

taking measures to the organization in accordance with the established procedure official interpretation of regulations of the legislation in case of identification of discrepancies or the wrong or contradictory practice of their application by consideration of addresses;

introduction of offers on elimination of the gaps in the legislation revealed by consideration of addresses.

4. Determine that:

the structure of Appeal council affirms the decision of the head of the relevant state body for two and a half years;

the structure of Appeal council can consist of 7 - 11 members;

in members of Appeal council the heads and employees of structural divisions of central office of state bodies having practical experience and holding authority and also the authoritative citizens having wide practical experience or scientific potential in this sphere are accepted. At the same time the number of the members of Appeal council who are not heads or employees of structural divisions of central office of state body shall not exceed the one fifth part of total number of members of Appeal council;

Appeal council on cases in point accepts the conclusion having advisory nature. The conclusion accepted by Appeal council goes to the head of state body for consideration to three-day time, to other concerned parties for data;

the head of state body or its deputy who accepted the conclusion of Appeal council can consider or reject it in written reasonable form. At the same time the head of state body or its deputy in three-day time in written or electronic form notify Appeal council and the parties on the made decision.

5. Approve Regulations on Appeal council on pre-judicial dispute settlement between physical persons and legal entities and state bodies according to appendix.

6. To the Ministry of Justice of the Republic of Uzbekistan (R. Davletov, M. Ikramov):

conduct monitoring of activities of state bodies under which Appeal councils in the corresponding direction on permanent basis are created, to render them practical and methodical assistance for the purpose of ensuring effective functioning of system;

till July 1, 2021 on the basis of the comprehensive analysis of results of the experiment made according to Item 2 of this resolution to make in the Cabinet of Ministers reasonable offers on feasibility of its distribution further and on other state bodies.

7. Determine that creation and implementation of activities as non-state non-profit organization is allowed:

The center of mediation based on combining of the professional mediators which are engaged in alternative methods of the dispute resolution;

The center of the dispute resolution by alternative methods based on combining of professional mediators, reference tribunals and international arbitrations.

8. Determine the main objectives of the Center of mediation and the Center of the dispute resolution by alternative methods (further - the Centers):

creation of conditions for implementation of procedures of the dispute resolution by alternative methods in mediation, activities of reference tribunals and international arbitrations;

conducting production on the basis of the principle of non-interference to the activities connected with hearing of cases in mediation, reference tribunals and international arbitrations;

the organization of training courses for preparation and advanced training of specialists in the sphere of mediation, reference tribunals and international arbitration. At the same time preparation of mediators is conducted on the training courses which are not exceeding 72 hours with issue of the certificate to the listeners who successfully finished these rates;

rendering assistance to development and wide circulation of mediation and other methods of the alternative dispute resolution with the organization of seminars, trainings and conferences in this sphere.

9. Determine that the Centers:

a) for the purpose of the organization of training of listeners has the right:

involve skilled teachers of the highest educational institutions, domestic and foreign mediators, arbitration judges and arbitrators, and also qualified specialists of the ministries and departments on contractual basis;

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