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

of November 27, 2021 No. 36

About court practice on consideration of economic cases in cassation procedure

Due to the changes and additions made to the Economic Procedure Code of the Republic of Uzbekistan, 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. Explain that review of economic cases in cassation procedure is the important legal institution providing legality and justification of acts of Trial and Appeal Courts, correctness of application of regulations of the substantive right by them and observance of requirements of the procedural law.

2. According to Article 282 of the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) the right to appeal (protest) in cassation procedure for the resolution of the Trial Court considered in appeal procedure, and court orders of appellate instance belongs:

to the claimant, applicant, defendant, third party, their representatives;

to legal successors of the parties and third parties;

To 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 economic disputes arising between subjects of entrepreneurship, and also the disputes which are not connected with business activity;

to the state bodies and other persons who submitted the action for declaration (statement) to protection of the rights and the interests of citizens and legal entities (part one of article 50 EPK) protected by the law;

to person who is not recruited in case on which rights and obligations the court made the decision;

to the prosecutor.

The representative of person participating in case including the lawyer has the right to appeal court resolution in cassation procedure only under condition if such right is specially stipulated in the power of attorney issued represented (part two of article 63 EPK).

The documents confirming the fact of transition of the right shall be attached to the writ of appeal submitted by the legal successor of person participating in case.

The prosecutor has the right to bring cassation protest on the case considered with its participation, and on the case considered without its participation - in the presence of the appeal of the parties.

3. Explain to courts that according to part one of article 50 EPK state bodies and other persons (for example, Chamber of Commerce and Industry, councils of farmer, Dehkan farms and owners of garden plots, etc.), except for the Comissioner for the President of the Republic of Uzbekistan on protection it is right also legitimate interests of subjects of entrepreneurship, have the right to appeal in cassation procedure court resolution only if the claim is made by them.

4. According to the law, the writ of appeal (protest) is submitted in Judicial board on economic cases of the Supreme Court of the Republic of Uzbekistan within one year from the date of adoption of the court order of appellate instance (Article 284, 285 EPK).

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