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

of May 24, 2019 No. 13

About some questions of application by Trial Court of regulations of the economic procedural legislation

For the purpose of ensuring the correct and uniform application by Trial Court of the Economic Procedure Code of the Republic of Uzbekistan in case of resolution of economic disputes, 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 economic courts to need of the dispute resolution in strict accordance with the Constitution of the Republic of Uzbekistan, the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) and other acts of the legislation in the conditions of ensuring equality of participants, publicity of legal proceedings, competitiveness and other principles of justice, and non-compliance leads them to violation of the rights of the parties and other persons participating in case.

2. According to part one of article 3 EPK any interested person has the right to appeal to economic court (further - court) behind protection of the violated or disputed rights or interests protected by the law according to the procedure, established by this Code.

At the same time, it is necessary to understand person addressing about protection as the interested person of the violated or disputed its rights and legitimate interests (the claimant, the defendant in the counter action, the applicant, the third party declaring independent requirements regarding dispute).

Explain to courts that non-compliance with the form provided by EPK in case of appeal to the court, is the basis for return of the action for declaration (statement) and the claim.

3. According to part one of article 148 EPK the court initiates proceedings on statements of interested persons, the prosecutor, state bodies and other persons in cases when under the law they have the right to appeal to the court in protection of the rights and the interests of legal entities, citizens, interests of society and state protected by the law.

At the same time courts should mean, in cases when in bylaws the pre-judicial (claim) procedure for settlement is established, its observance for the parties is obligatory.

In case in the agreement the parties provide condition that the arisen disputes will be solved peacefully, but the procedure of dispute settlement is not provided, the claim procedure for dispute settlement is optional. At the same time to draw the attention of courts if for such category of disputes the pre-judicial (claim) procedure for settlement is provided by the law or the agreement, the pre-judicial procedure for dispute settlement shall be observed also by the prosecutor, state bodies and other persons in case of presentation of actions for declaration for the benefit of claimants.

4. Courts need to consider that the court resolution shall be drawn up in that language in which judicial session was held.

At the same time, to draw the attention of courts in what language judicial session is begun, before completion it shall be continued in this language and the court resolution shall be drawn up in this language, the right of acquaintance with case papers, participations in judicial actions through the translator and the right to appear in court in the native language or freely chosen communication language is provided to the participants of legal procedure who are not knowing language in which legal proceedings are conducted.

5. According to part one of article 15 EPK, the court resolutions which took legal effect are obligatory for all state bodies, self-government institutions of citizens, other bodies, public associations, the companies, organizations, the organizations, officials and citizens and are subject to execution in all territory of the Republic of Uzbekistan.

Because the court resolutions signed by the judge are left in case, their copies sent to the persons participating in case shall be certified by official stamp with introduction of the record "with authentic it is right" and if the court resolution goes in the form of the electronic document, it shall be confirmed with the digital signature of the judge.

6. The application for branch can be granted only in the presence of the circumstances specified in articles 20 and 21 EPK.

In case of application of Item 3 of article 20 EPK it must be kept in mind that the judge cannot be involved in consideration of the case and is subject to branch if he is relative of persons participating in case (heads or founders (participants) of persons participating in case, the owner of property of the legal entity) or their representatives.

Cases on the first instance in all courts are considered by the judge solely and the question of its branch is resolved by the chairman of justices, and in mononuclear court - the same judge.

The question of the branch declared to the chairman of justices is allowed by the chairman of justices.

The question of removal of the judge considering case on the first instance in the Supreme Court is allowed by the chairman of judicial board.

The statement for branch can be declared in oral or written form. The oral statement is specified directly in the protocol of judicial session.

In case of the statement of repeated branch on the same bases by the same person the court discloses that it is not subject to consideration and about it it is specified in the protocol of judicial session.

7. According to part one of article 19 EPK the judge who was involved in consideration of the case in Trial Court cannot participate in case of new trial of this case in Trial Court if the judgment is cancelled by courts of appeal or cassation or auditing instances, except cases of hearing of cases on newly discovered facts.

The judge who was involved in consideration of the case is understood as the judge who was taking part in substantive prosecution and decision, resolutions.

Courts should mean that the rules provided in article 19 EPK do not extend to the judges who were taking part in removal of determinations about adoption of the claim and initiation of proceedings, about preparation of case for legal proceedings, about adjournment of judicial session and others, not subject to appeal, determinations. However, the judge who was taking part in removal of determinations about leaving of the claim without consideration and suit abatement cannot participate in case of new trial of this case in Trial Court.

8. Cases on the economic disputes arising in the economic sphere from the civil, administrative and other legal relationship provided by part one of article 25 EPK are subordinated to court. It is necessary to understand as other legal relationship from which there can be dispute subordinated to economic court, in particular, land and other relations which are not covered by regulations of the civil and administrative right.

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