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

of June 19, 2015 No. 283

About some questions of application by economic courts of regulations of the legislation on procedural terms

(as amended on 16-12-2024)

For the purpose of ensuring the correct and uniform application by economic courts by hearing of cases of regulations by economic courts by hearing of cases of regulations of the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) about procedural terms, according to 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 strict observance of procedural terms by hearing of cases is one of the important factors directed to protection of the violated or disputed rights or interests of the companies, organizations, the organizations and citizens protected by the law, to assistance to strengthening of legality and to the prevention of offenses in the economic sphere.

Together with protection of the rights and legitimate interests of persons participating in case, courts shall take measures for the prevention of actions (failure to act) of these persons directed to unreasonable delay in legal proceedings by means of unfair use of procedural law and failure to carry out of procedural obligations.

2. All legal proceedings shall be made by the court, persons participating in case and other participants of economic legal proceedings in the terms established in EPK and other laws or court.

In cases when procedural terms are not established in EPK or other laws, they can be established and prolonged by court.

3. According to part four of article 119 EPK the current of the procedural term estimated for years, months or days begins next day after calendar date or approach of event which determines its beginning.

Courts should mean that the procedural terms estimated for years, months and days join also non-working days, except as specified, provided by part six of Article 203-10 and part six of article 222 EPK.

It is necessary to understand days off (Saturday and Sunday) and the festive (non-working) days established by the legislation of the Republic of Uzbekistan as non-working days.

4. Courts should mean that with the expiration of procedural terms, persons participating in case lose the right to making of legal proceedings. Statements, claims and other documents submitted after procedural terms are not considered by court and return to persons which gave them if there is no petition for recovery of the passed terms. This rule does not extend to legal proceedings which persons participating in case shall make according to requirements of EPK and other laws or at the request of court. The expiration of procedural terms in this case does not exempt these persons from the obligations assigned to them.

5. Day of the termination of procedural term is determined according to article 120 EPK. It is necessary to understand the last day of this term as day of the termination of procedural term if the last day falls on non-working day, the first working day following it is considered day of the termination of term.

If the termination of the procedural term estimated for months falls on month which has no corresponding number, then term expires in the last day (for example, on February 28 or 29) this month.

6. Legal proceeding for which making fixed term, till twenty four o'clock the last day of term shall be executed. This rule are also applied to the documents provided electronically. At the same time term is not considered passed if the statement, the claim, other documents are handed over in the organization of communication or the last day of term is transferred to the authorized person till twenty four o'clock and if legal proceedings be made in economic court or other organization - if they are made till that o'clock when in this court or this organization the working day comes to an end or the corresponding transactions stop.

7. Courts shall mean that from the date of suspension of proceeedings the current of all procedural terms on case stops, and from the date of renewal of proceeedings - proceeds.

In the afternoon of renewal of procedural terms, day of acceptance of determination about renewal of proceeedings which is accepted after elimination of the circumstances which caused its suspension is. Legal proceeding after renewal of current of procedural term shall be made during that part of term which remained until suspension of proceeedings.

8. According to part one of article 123 EPK according to the statement of person participating in case, court, having recognized the reasons of the omission established by this Code or other laws of procedural term valid recovers the passed term.

Courts should mean that the reasons of the omission of procedural term shall be estimated by court proceeding from specific circumstances on the internal belief.

8.1. Courts should consider that the passed procedural term can be recovered only in case of set of availability of the following conditions:

1) if person participating in case submits the petition for recovery of procedural term;

2) if the reasons of the omission of term specified in the petition are recognized as valid;

3) if along with the petition person participating in case makes necessary legal proceedings (the application is made, the complaint, protest, are produced the evidence, etc.).

At the same time courts need to mean that the terms provided in Article part three 262, of Article part two 285, of part two of article 305-1 EPK are final.

8.2. The petition for recovery of the passed procedural term for filing of application, the claim (protest) is considered by the judge solely, without notice of persons participating in case along with the solution of question of adoption of the statement, the claim (protest) to production. In case of satisfaction of the petition and recovery of term, about it it is specified in determination of court about adoption of the statement, claim (protest) to production. In case of refusal in recovery of term, about it it is specified in determination of court about refusal in adoption of the statement, claim (protest).

9. Courts should mean that in case of the solution of question of adherence to deadline on filing of application, the claim (protest) if the statement, the claim (protest) it was handed over in the organization of communication, date of filing of application, the claim (protest) is determined by stamp on envelope or by other document confirming acceptance of correspondence. Date and time of filing of application, the claim (protest) electronically through information system date and time of receipt of the document in information system which contain in the notification on delivery of the document is considered.

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