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

of December 18, 2009 No. 204

About some questions of application by economic courts of regulations of the procedural legislation in case of approval of the voluntary settlement

For the purpose of ensuring the correct and uniform application by economic courts of regulations of the Economic Procedure Code of the Republic of Uzbekistan in case of approval of the voluntary settlement, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan, decides:

1. Draw the attention of economic courts (further - courts) that questions of the conclusion of the voluntary settlement participants of economic legal proceedings are regulated by regulations of the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) and the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies".

2. Courts should mean that the voluntary settlement is understood as the written agreement of the parties about dispute settlement directed to achievement of definiteness concerning claim (requirements) on the basis of reciprocal concessions.

Person who is not participating in case cannot participate in the dispute resolution the voluntary settlement, except for the voluntary settlements signed by the creditor and the debtor by hearing of cases about insolvency.

4. According to Item 8 parts one of article 163 EPK, by preparation of case for legal proceedings, take measures to conciliation of the parties. With respect thereto, determination about adoption of the action for declaration and preparation of case for legal proceedings shall contain the offer of court to the parties to settle dispute peacefully.

"About execution of court resolutions and acts of other bodies" follows from contents of Chapter 16 of EPK, the provisions of the law of the Republic of Uzbekistan that the court shall render assistance in conciliation of the parties, and the parties and the third parties declaring independent requirements regarding dispute can sign the voluntary settlement in any degree of jurisdiction, and also in case of execution of the court ruling.

Courts should mean that the stage of execution of the court ruling is understood as stage after issue of writ of execution based on court resolution. Approval of the voluntary settlement signed by persons participating in case is not allowed to the introduction of court resolution in legal force. In approval of the voluntary settlement brought into court to the introduction of court resolution in legal force refuses.

5. In case of intention of the parties to sign the voluntary settlement during legal proceedings, the court has the right to suggest the parties to sign the voluntary settlement in this judicial session or to postpone consideration of the case for other term, having given to the parties opportunity to develop conditions of the voluntary settlement.

6. The question of approval of the voluntary settlement is considered in judicial session. Persons participating in case are informed on time and the place of judicial session according to requirements of regulations of EPK.

7. Explain to courts that approval of the voluntary settlement is not the right of court, but its obligation in that case when requirements imposed to form and content of the voluntary settlement, procedure for its conclusion are observed.

Approval of the voluntary settlement signed under condition is not allowed.

8. Part one of article 50 EPK provides that the state and other bodies within the competence can make the claim in protection of the rights and the interests of the state and society protected by the law. The specified bodies which made the claim have all rights and perform the claimant's duties, except for the rights of the conclusion of the voluntary settlement.

Person for the benefit of whom claim is submitted by the state or other body has the right to sign the voluntary settlement with the defendant. In this case participation of the state or other body in the conclusion of the voluntary settlement is not required.

9. According to part one of article 132 EPK the voluntary settlement is drawn up in writing and signed by the parties or their representatives to availability of powers at them on the conclusion of the voluntary settlement which are specially provided in the power of attorney issued according to requirements of article 63 EPK. Such power of attorney shall be attached to the voluntary settlement and is attached to case papers.

10. The voluntary settlement is constituted and signed in the number of copies exceeding the number of persons which signed the voluntary settlement on one copy. One of these copies joins case papers.

11. Courts should mean that contents of the voluntary settlement shall conform to requirements of article 132 EPK and its condition shall be stated clearly, specifically and not to allow different interpretation and emergence of the subsequent disputes over occasion of contents of the voluntary settlement in case of its execution.

The voluntary settlement shall contain data on conditions, on the size and terms of accomplishment of cross liabilities of one party before another.

12. By consideration of conditions of the voluntary settlement the task of court consists in establishment of the valid will of the parties to the conclusion of the voluntary settlement and suit abatement, check of observance by the parties of requirements of the law in case of the conclusion of the voluntary settlement and possibility of the subsequent execution of the voluntary settlement on equal terms with court resolutions.

13. In case of discussion of question of approval of the voluntary settlement the court shall check whether the voluntary settlement provided by the parties contradicts the legislation and whether it violates someone's rights and interests protected by the law and if the voluntary settlement contains condition about transfer of personal and real estate, the court shall check availability or lack of the third party rights to this property (seizure, encumbrance by pledge etc.). In the presence of the specified circumstances the court, according to article 134 EPK, refuses approval of the voluntary settlement and considers the merits of the case.

14. Courts should consider that by the legal nature the voluntary settlement is the transaction and when studying compliance of the agreement to the legislation it is necessary to check procedure for its conclusion.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info