RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of April 20, 2021 No. 14

About practice of consideration by courts of civil cases in appeal procedure

Due to the changes and additions made to the Code of civil procedure of the Republic of Uzbekistan, the questions arising in court practice and also for the purpose of ensuring uniform and correct use of the provisions of the law, 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. Draw the attention of courts that review of civil case in appeal procedure, is the important legal institution guaranteeing to participants of legal procedure the right to appeal of the court resolution which did not take legal effect.

2. According to Article 383 of the Code of civil procedure of the Republic of Uzbekistan (further - GPK), production is initiated in Appeal Court:

a) for claim production:

according to the plaintiff's application, defendant, third party;

according to the claim the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship, except for the disputes which are not connected with business activity;

b) for special proceeding:

according to the claim of the applicant, interested person, their representatives;

c) on the cases connected with the decision of reference tribunal:

according to the claim of the parties of arbitration, their representatives.

Appeal production can be initiated also according to the claim of person who is not recruited in case about which rights and obligations the court resolved question. This person has the right of appeal of court resolution and when it is not mentioned in it.

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