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

of May 24, 2019 No. 12

About the judgment

Due to the acceptance in the new edition of the Code of civil procedure of the Republic of Uzbekistan, the questions arising in court practice and also for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. According to part two of Article 6 of the Code of civil procedure of the Republic of Uzbekistan (further - GPK) the decision is one of forms of the court resolution adopted by Trial Court by results of consideration on the merits of cases of claim and special proceeding.

The decision is made by name of the Republic of Uzbekistan and is subject to strict execution in all territory of the Republic of Uzbekistan by all state and other bodies, the organizations, officials and citizens (Article 16 GPK).

2. Courts should mean that according to Article 14 GPK the judgment shall be based on the law. Application of other acts of the legislation is allowed only if they do not contradict the Constitution and the laws of the Republic of Uzbekistan.

In case of absence in the law or other legal act of the regulations governing the disputable relation, the court makes the decision, based on the provisions of the law or other legal act governing the similar relations (analogy of the law), and in the absence of such regulations, resolves dispute proceeding from the general beginnings and sense of the laws (analogy is right).

3. The decision is legal in that case when it is accepted in case of exact observance of regulations of procedural law and in full accordance with regulations of the substantive right which are subject to application to this legal relationship, or is based on application, in necessary cases, analogy of the law or analogy of the right.

4. Explain to courts that the decision is reasonable if the facts important for case confirmed by the proofs researched by court meeting requirements of the law on their relevancy and admissibility or the circumstances recognized by court well-known which are not needing proof and also the exhaustive conclusions following from established facts are reflected in it (Article 73 - 75 GPK).

In case of collecting of proofs by means of the direction of the court order, the court has the right to prove the decision taking into account these proofs only under condition if they were received with observance of requirements of Article 104 GPK, are announced in judicial session, shown to persons participating in case and estimated in total with other proofs on case.

5. Owing to Article part three 249 GPK the judge shall make the decision in the certain room (the consultative room) immediately after the end of trial on case.

Draw the attention of courts that adjournment of creation of the motivated decision is allowed in exceptional cases on particularly complex cases for the term of no more than five days. In such cases are constituted only introduction and resolutive speak rapidly decisions. The substantive provisions of the decision are signed and appears the judge in the same court session in which trial of case ended and are filed.

In case of the announcement of substantive provisions of the decision the chairman shall explain when persons participating in case, their representatives can study the motivated decision that is reflected in the protocol of judicial session.

Introduction and resolutive parts of the motivated decision shall correspond literally to introduction and resolutive parts of the incomplete text of the decision announced in day of the end of trial of case. Decision date on case is day of its announcement.

6. Draw the attention of courts that according to Article 253 GPK the judgment is from introduction, descriptive, motivation and resolutive parts.

7. In case of creation of the prolog it is necessary to be guided by Article part two 253 GPK.

In particular, in the prolog of the decision the file number, time and the place of decision making, the name of the court which made the decision, surname and initials of the judge, court session secretary, the parties, other persons participating in case, their representatives, and also matter in issue or the declared requirement are specified.

Personal data of the parties and other persons participating in case, it is necessary to specify according to entry in the identity document (the passport, the military ID, the certificate of birth, the residence permit).

If the party is the legal entity, then its name should be specified according to documents on state registration.

8. In descriptive part, in addition to requirements of part three of Article 253 GPK, in short form are stated contents of the declared requirements. At the same time in order to avoid blocking up of the text of the decision the circumstances which do not have legal value do not allow literal statement of the claim and objection on the claim.

In case of change by the claimant of the basis or subject of action or reduction of its size, presentation by the defendant of the counter action, it also shall be reflected in descriptive part of the decision.

Besides, in descriptive part of the decision it shall be specified about recognition by the defendant of the claim fully or partially, his objections on the claim are given, and also explanations of other persons participating in case are stated.

In descriptive part of the decision the declared petitions which are subject to permission court in the consultative room in case of decision are also stated (about use of term of limitation period, reduction of penalty, the circulation of the decision to immediate execution and others).

9. According to Article part four 253 GPK in motivation part of the decision all circumstances established by court important for case shall be specified. The unilateral statement in the solution of arguments and proofs, the party for benefit of which the court made the decision is not allowed. The court shall specify on what bases it does not accept arguments of other party.

The court estimates the proofs researched in judicial session with observance of requirements, stipulated in Article 80 GPK.

10. As owing to Article part four 80 GPK no proofs have predefined force for court, the expert opinion has no advantage over other proofs and is not obligatory for court. It shall be estimated in total with other proofs.

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