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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of November 24, 2020 No. UP-6118

About measures for further enhancement of system of execution of court resolutions and acts of other bodies

In recent years on the basis of the best foreign practices in the country large-scale measures for enhancement of system of execution of court resolutions and acts of other bodies are realized.

At the same time for the purpose of further building confidence of citizens in justice, and also increase in the authority and strengthening of effectiveness of judicial authority further increase in performance excellence of court resolutions and acts of other bodies is required.

In this direction there was need of optimization of structure and powers of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan (further - Bureau), cardinal review of methods of its work, strengthening of interaction with the interested ministries and departments, public authorities on places.

For the purpose of ensuring reliable protection of the rights and legitimate interests of citizens and entrepreneurs, implementation of effective mechanisms of timely and high-quality execution of court resolutions and acts of other bodies, further building confidence of the population in justice, and also according to the State program on strategy implementation of actions in five priority directions of development of the Republic of Uzbekistan in 2017 - 2021 in "Year of development of science, education and digital economy":

1. Determine that:

The bureau performs the activities according to the principle of centralization, on the basis of subordination and accountability of subordinate heads higher;

the director of Bureau in the activities submits and is accountable directly to the Attorney-General, Bureau, responsible for effectiveness of activities, is the Attorney-General;

intervention in process of forced execution of court resolutions and acts of other bodies, in particular making illegal orders or illegal impact on the state contractor in other form for the purpose of hindrance is forbidden to execution of the court ruling.

2. Form Republican council on increase in performance excellence of court resolutions and acts of other bodies (further - Republican council) in structure according to appendix No. 1, and also territorial councils on increase in performance excellence of court resolutions and acts of other bodies (further - territorial councils) in standard structure according to appendix No. 2.

Determine the main objectives of Republican council (N. T. Yuldoshev):

discussion of the reasons and conditions of the problems arising in the course of ensuring forced execution of executive documents, ensuring their elimination and the prevention in the future and also determination of the actions which are subject to realization by bodies of Bureau and other state bodies and the organizations, control of their execution;

discussion of the questions connected with cooperation of law enforcement agencies and other state bodies and organizations in the course of ensuring forced execution of executive documents and also quantity and quality of the executive documents submitted to bodies of forced execution by the relevant state bodies;

consideration of other questions connected with increase in performance excellence of court resolutions and acts of other bodies.

Determine the main objectives of territorial councils:

hearing of information of chiefs of territorial administrations of Bureau, and also heads of other territorial departments and organizations about course of execution of court resolutions and acts of other bodies;

detailed discussion of each case of return without execution of the executive documents issued in the income of the state or state bodies or in their interests. At the same time entering into superior organizations of recommendations of accountability of the officials who allowed cases of groundless return;

identification of the reasons and factors generating contradictions and conflict situations in the course of forced executive actions, taking measures to their elimination. Taking measures to broad involvement of deputies by Kengasha of People's Deputies of areas (cities), representatives of institutes of civil society and mass media to these processes;

creation of address lists of the debtors who are needing the help and fell into difficult situation, carrying out individual work with them, including rendering the practical help and assistance for ensuring their employment;

taking measures to the organization in the populous markets and in shopping centers of areas and cities of fairs for realization of distrained property according to executive documents;

introduction of offers on debt repayment on executive documents on money recovery from debtors - state-financed organizations in cases of insufficiency of means at yielded state-financed organizations at the expense of the exceeded part of revenues of local budgets;

consideration of other questions on increase in performance excellence of court resolutions and acts of other bodies.

3. Determine that:

The bureau and its territorial administrations are working bodies according to Republican council and territorial councils;

meetings of Republican council and territorial councils are held at least once a month. Heads of state bodies, representatives of public organizations and mass media can be invited to meetings of Republican council and territorial councils;

territorial councils monthly report on the activities to Republican council;

The bureau together with territorial councils on system basis carries out regular inventory count of the executive documents which are in production;

Republican council and territorial councils have no right to make decisions or in other form to instruct in suspension of execution of court resolutions and acts of other bodies.

To republican council monthly to enter information on course of execution of court resolutions and acts of other bodies in Administration of the President of the Republic of Uzbekistan.

4. Since January 1, 2021 chiefs of territorial administrations and district (city) departments of Bureau each half a year submit the report on the activities according to the Jokargi Kenes of the Republic of Karakalpakstan, Kengasham of People's Deputies of areas, areas and the cities.

To the Senate of the Oliy Majlis, the Jokargi Kenes of the Republic of Karakalpakstan, Kengasham of People's Deputies of areas, areas and the cities to organize critical discussions of activities reports of bodies of Bureau on the basis of the deep analysis.

5. Establish the following jurisdiction of executive documents to bodies of Bureau for territoriality and categories:

a) to central office of Bureau:

the executive documents issued concerning several debtors who are in different areas including debtors with joint liability;

the executive documents providing collection of the amount, component 100 000 and more than sizes of basic settlement size on the date of data presentation of executive documents;

the executive documents issued concerning foreign states, their state bodies, diplomatic representations and consular establishments of the foreign states accredited in the Republic of Uzbekistan, the international government organizations and their representations, and also their workers having diplomatic immunity;

the executive documents which are important especially and transferred to production of central office of Bureau from territorial subdivisions of Bureau based on the resolution of the Main state contractor or his deputy;

b) to territorial administrations of Bureau:

the executive documents issued concerning several debtors, the being different areas (cities) including debtors with joint liability;

the executive documents providing collection of the amount in the amount of 50 000 to 100 000 sizes of basic settlement size on the date of data presentation of executive documents;

executive documents concerning the debtor - the legal entity who is according to the executive document resident of foreign state;

the executive documents which are important especially and transferred to production of territorial administrations from district (city) departments of Bureau based on resolutions of the main state contractors of the Republic of Karakalpakstan, areas and the city of Tashkent or their deputies;

c) to district (city) departments of Bureau - other executive documents which are not provided in subitems "an" and "b" of this Item.

Determine that for the purpose of law enforcement in the course of carrying out forced executive actions, irrespective of the jurisdiction specified in this Item, the executive document can be transferred to production:

central office or certain body of Bureau - based on the order of the Attorney-General or the resolution of the Main state contractor;

territorial administration or district (city) department of Bureau in the corresponding territory - based on resolutions of the main state contractors of the Republic of Karakalpakstan, areas and the city of Tashkent or their deputies.

6. For the purpose of establishment of strict control of procedures of calculation and payment of the alimony for material security of minor children based on court resolutions and acts of other bodies:

a) agree with the offer of the Prosecutor General's Office and Supreme Court on creation of the Unified information system of execution and control of maintenance obligations, and also opening of the separate bank account on maintenance obligations;

b) since March 1, 2021 to establish procedure according to which:

execution by debtors of maintenance obligations according to executive documents is performed through the Unified information system of execution and control of maintenance obligations;

The unified information system of execution and control of maintenance obligations is integrated with the separate bank account according to maintenance obligations. At the same time the Bureau draws up the corresponding bank card addressed to the claimant (the receiver of the alimony) and transfers by means of this separate bank account according to maintenance obligations for this bank card alimentary money, including from withheld from the salary of the debtor according to maintenance obligations.

Assign to the adviser to the Prime Minister (O. M. Umarov) responsibility for implementation of the Unified information system of execution and control of maintenance obligations.

7. To the Prosecutor General's Office (N. T. Yuldoshev) together with the interested ministries and departments in three-months time to develop and introduce to Administration of the President of the Republic of Uzbekistan the bill providing entering of the following changes and amendments into the legislation directed to further widespread introduction of institute of voluntary execution of court resolutions without mobilization of forced force of the state:

a) voluntary execution by the convict of criminal penalty in the form of penalty under control of the state contractor within three months (for minors - six months) since day of the introduction of sentence in legal force. At the same time evasion of the convict from voluntary payment of the fine which is ordered to pay in the form of criminal penalty is at the scheduled time the basis for replacement of unpaid part of penalty by such types of criminal penalty as obligatory social jobs, restriction on service, restriction of freedom or imprisonment;

b) in cases without effectiveness of measures for ensuring execution of separate categories of court resolutions and acts of other bodies implementation of procedure for data presentation of acts in bodies of forced execution as last resort, in particular:

executive documents on money recovery from the legal entity - after submission of the executive document by the claimant for ensuring execution in the bank institution serving the debtor - the legal entity (except for the executive documents providing collection in the Government budget);

executive documents on establishment of the property rights arising after state registration or on state registration of property rights - after submission of the executive document by the claimant for ensuring execution in the state bodies and the organizations performing state registration of the appropriate property rights;

executive documents on establishment of the property right to securities or establishment of the share in legal entities determined by quantity and type of securities, or providing assignment of the obligation on accounting of the property right to securities - after submission of the executive document by the claimant for ensuring execution in authorized organization for the purpose of registration of the property right to security addressed to person specified in the executive document;

executive documents on recovery at work - after submission of the executive document by the claimant for ensuring execution to the employer given authority on recovery at work;

the executive documents providing collection of the salary and the payments equated to it - after submission of the executive document by the claimant for ensuring execution in the relevant organization obliged to make salary payment and the payments equated to it;

executive documents on the debtor - state body (organization) or his officials (if executive documents are related to office tasks and the official's obligations in state body and the organization) or the obligations providing assignment on them - after submission of the executive document by the claimant for ensuring execution to the debtor - state body (organization) or his official either state body (organization) or his official to whom the executive document assigns obligations;

executive documents on collection of obligatory payments for the consumed energy resources and drinking water - in cases of appendix to the executive document of the document confirming shutdown of consumers (except for consumers whose disconnection from networks is not allowed according to the legislation) from networks of energy resources and water supply before filing of application about issue of the executive document in competent authority or to the official;

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