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

of April 20, 2021 No. 15

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

Due to the changes and additions made to the Code of the Republic of Uzbekistan about administrative legal proceedings, the questions arising in court practice and for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 22 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 administrative case in appeal procedure, is the important legal institution providing to participants of legal procedure the right to check of legality and justification of the court resolution which did not take legal effect.

2. According to article 200 of the Code of the Republic of Uzbekistan about administrative legal proceedings (further - KOAS), production is initiated in Appeal Court:

according to the claim of the applicant, defendant, the third party, their representatives;

according to the claim of legal successors of the parties and the third parties;

according to the claim of 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;

according to the claim of the state bodies and other persons participating in case in quality of the applicant (part one of article 47 KOAS);

on the prosecutor's protest.

Appeal production can be initiated also according to the claim not recruited in the case of person having according to part one of article 200 KOAS the right to appeal of the court resolution affecting it the rights and legitimate interests. This person has the right of appeal of court resolution and when it is not mentioned in it.

The representative of person participating in case, including, the lawyer having the right to appeal court resolution in appeal procedure only under condition if such right is specially stipulated in the power of attorney issued represented (part two of article 62 KOAS).

The judgment can be appealed (is protested) completely or in part.

3. According to the law the petition for appeal (protest) can be made about the judgment within one month from the date of its acceptance (article 203 KOAS).

The beginning of current of term on submission of the petition for appeal (protest) is the day following behind day of decision making (article 116 KOAS).

4. According to part two of article 203 KOAS submission due date of the petition for appeal (protest) according to the petition of person making the complaint (protest) can be recovered by Appeal Court if the reasons of the omission of term are recognized as valid. The court with indication of the reasons submits determination about recovery or about refusal in recovery of term for submission of the petition for appeal (protest).

In case of refusal in recovery of term in determination it shall be specified about return of the state fee paid in case of submission of the petition for appeal (article 209 KOAS).

On determination of court about refusal in recovery of the passed term, owing to part three of article 120 KOAS the writ of appeal (protest) can be made.

5. Owing to article 202 KOAS, the petition for appeal (protest) is addressed in Appeal Court, however is filed a lawsuit, made the decision.

The Trial Court shall register each claim (protest) with indication of receipt date and in five-day time.

In case of receipt in Trial Court of the additional materials connected with the petition for appeal or the petition for appeal from other persons, they are also subject to the direction in Appeal Court.

6. Explain to courts that certain exceptions of subject of appeal production are established by the law. In particular, in appeal procedure are not subject to appeal of determination of Trial Court which appeal is not provided by the law or which do not obstruct further traffic of case (for example, determinations about adoption of the statement (claim) to production and initiation of proceedings, determinations of Trial Court about case trial adjournment).

7. Article 204 KOAS establishes certain requirements to form and content of the petition for appeal (protest). With respect thereto, the Appeal Court shall check observance of these requirements by person who gave it.

The claim (protest) which is not meeting the requirements of articles 204 and 206 KOAS is subject to return by determination of the judge with indication of the bases of its return according to article 210 KOAS.

8. In case of receipt during consideration of the case of the claim (protest) by Appeal Court from other persons participating in case it is considered together with initially accepted petition for appeal (protest).

9. According to article 216 KOAS before removal of Appeal Court to the consultative room person who made the petition for appeal having the right to refuse the claim, and the prosecutor who brought protest and the higher prosecutor having the right to withdraw protest.

The issue of the termination of appeal production in connection with refusal of the claim (withdrawal of protest) is resolved by Appeal Court in the judicial session appointed for consideration of the claim (protest) in which it is necessary to check powers of the person for refusal of the claim (withdrawal of protest). In sense of article 62 KOAS, the right to appeal of the act of Trial Court granted to the representative in the power of attorney, does not grant to it the right to refusal of the claim if in the power of attorney other is specially not stipulated.

In case of refusal of the claim (withdrawal of protest) the court takes out determination about the termination of appeal production and determination takes legal effect from the moment of removal. The refusal of the claim (withdrawal of protest) does not interfere with continuation of consideration of the case based on other petition for appeal (protest).

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