of July 3, 2020 No. 11
About judicial protection of the rights and legitimate interests of physical persons and legal entities
The rights and freedoms of citizens enshrined in the Constitution and the laws of the Republic of Uzbekistan are firm and nobody has the right to deprive or limit them without court. Judicial protection of the rights, freedoms and legitimate interests of physical persons and legal entities is the most important institute of the state protection which is provided by justice implementation with independent judicial authority.
For the purpose of ensuring efficiency of judicial protection of the rights, freedoms and legitimate interests of physical persons and legal entities, being guided by article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Explain that it is necessary to understand the activity of the courts performed in the procedure established by the procedural laws and directed to recovery as judicial protection of the violated or disputed rights, freedoms and interests of physical persons and legal entities protected by the law.
Realization of the right to judicial protection is possible in case of observance of the conditions of initiation of proceedings provided by the law in Trial Court. Non-compliance with these conditions is the basis for refusal in acceptance and consideration of addresses by court.
2. According to Civil procedural, Economic procedural, Criminal procedure codes of the Republic of Uzbekistan, codes of the Republic of Uzbekistan about administrative legal proceedings and about the administrative responsibility (further - the procedural laws) appeal to the court is performed in shape:
the action for declaration, the statement (claim) - on the disputes arising from civil, administrative legal relationship;
statements - on mandative production, cases of special proceeding, separate categories of cases and in other cases provided by the procedural laws;
it is performed in the form of the claim - in case of the appeal to courts of appeal and cassation instance.
3. Appeals of physical persons and legal entities to court on the questions which are not carried to maintaining courts according to procedural the laws are considered according to the procedure, established by the Law of the Republic of Uzbekistan "About appeals of physical persons and legal entities". According to part two of article 25 of the specified Law in case of receipt in court of the addresses subordinated to other state bodies, the organizations or their officials, they are subject to the direction in relevant organs no later than five days with the message on it in written or to electronically addressing in time.
At the same time, it is necessary to draw the attention of courts to inadmissibility of groundless transfer of addresses to consideration to other state bodies.
4. Appeals to the court on form and content shall conform to requirements imposed to them by the procedural laws. Addresses can be taken to court also in the form of the electronic document.
In the address, in particular surname, the name, middle name, data on residence of physical person or the name and location information of the legal entity, essence of legal relationship concerning whom the address, essence of the address and qualifying standard or request, date of the address is submitted shall be entered. The mandatory requirement is also availability on the circulation of the signature (the digital signature) addressing.
5. It must be kept in mind that judicial protection of the rights of participants of process is provided also with the right to appeal of court resolutions granted to them by the law.
According to civil procedural, economic procedural the laws and the law on administrative legal proceedings by the right to the address about check of legality, justification and justice of court resolution persons participating in case - the parties, the third parties, their representatives, and also the other persons who are not recruited in case about whose rights and obligations the court resolved question have.
According to the economic procedural law and the law on administrative legal proceedings the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship, is granted the right of appeal to the court with the writ of appeal (except for the economic disputes arising between subjects of entrepreneurship, and also the disputes which are not connected with business activity).
In the criminal procedure law the group of people, is specifically specified by having rights of appeal of sentence and determination of court. In particular, to appeal against sentence, determination has the right the convict, his defender, the legal representative, and also the victim, his representative, regarding sentence about the civil action - the civil claimant, the civil defendant and their representatives, regarding sentence about the reasons and the bases of justification - person acquitted in court, his defender and the legal representative. The right of appeal of sentence, determination in the part affecting their rights and legitimate interests allocates also persons which are not parties to the case.
According to the law on the administrative responsibility have rights of appeal of the court order on the case of administrative offense person concerning whom the court order, the victim, their legal representatives, the lawyer, and also the body which constituted the protocol on administrative offense is issued.
6. Courts should mean that the representatives and lawyers of the parties who are involved in civil, economic and administrative legal proceedings have the right of appeal of court resolution only if these powers are specially stipulated in the power of attorney issued in accordance with the established procedure represented.
7. Under the law in case of appeal to the court of cassation instance copies accepted in the matter of court resolutions, and in the cases established by the law, the documents confirming payment of the state fee and postage expenses shall be attached to the claim. Explain that failure to carry out of these conditions and impossibility of determination of procedural provision of the addressing person, is the basis for return of the address without consideration.
8. Draw the attention of courts to need of strict adherence to deadlines of consideration of addresses and requirements of the law on obligation of statement of the decisions made by results of consideration of addresses in language in which the text of the address is stated.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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