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

of November 27, 2021 No. 34

About court practice on consideration of administrative cases in cassation procedure

Due to the changes and additions made to the Code of the Republic of Uzbekistan about administrative legal proceedings, 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 administrative 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 224 of the Code of the Republic of Uzbekistan about administrative legal proceedings (further - KOAS), 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 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 disputes which are not connected with business activity;

to the state bodies and other persons who submitted the application to protection of the rights and the interests of citizens and legal entities (part one of article 47 KOAS) 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, the court resolution having the right to appeal in cassation procedure only under condition if such right is specially stipulated in the power of attorney issued represented (part two of article 62 KOAS).

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 (article 224 KOAS), and on the case considered without its participation - in the presence of the appeal of the parties (article 230-1 KOAS).

3. According to the law, the writ of appeal (protest) is submitted directly in Judicial board on administrative 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 226, part one of article 227 KOAS).

4. According to part four of article 116 KOAS submission due date of the writ of appeal (protest) is estimated from the date of, the adoption of the court order of appellate instance following behind day and expires in the corresponding number of the last month of this term. At the same time, the announcement in court session of appellate instance only of substantive provisions of court resolution does not influence calculation of submission due date of the writ of appeal (protest), but to be considered in case of permission of the petition for its recovery.

If the writ of appeal (protest) is sent by mail till twenty four o'clock the last day of procedural term, term is not considered passed. In this case date of submission of the writ of appeal (protest) is determined by stamp on envelope, to the receipt on acceptance of the registered mail or other document confirming acceptance of correspondence.

5. The missed submission due date of the writ of appeal (protest) can be recovered by the judge of court of cassation instance according to the petition of the interested person if it is declared no later than three months from the date of the expiration of submission of the writ of appeal (protest) and the reason of the omission of term are acknowledged valid (part two of article 227 KOAS).

The petition for recovery of the missed submission due date of the writ of appeal (protest) moves along with the writ of appeal (protest). The request for recovery of the specified procedural term can directly contain in the writ of appeal (protest).

6. It must be kept in mind that the circumstances which are objectively interfering making of legal proceedings can be carried to reasonable excuses (for example, emergency situations, floods, epidemics, pandemic, quarantine, lack of information of person who is not recruited in case on which rights and obligations the court made the decision in court resolution).

The disease, helpless condition of physical person, its family circumstances (death or serious illness of family members), and also other circumstances can be recognized as reasonable excuses if they excluded or significantly complicated submission of the writ of appeal in the terms established by the law.

Finding of the representative of the legal entity in business trip, leave, absence of the lawyer, lack of money for payment of the help of the representative or payment of the state fee cannot be considered as reasonable excuse of the omission of term of cassation appeal by the legal entity.

7. The question of recovery of the missed submission due date of the writ of appeal (protest) is discussed in case of the solution of question of acceptance to production of the writ of appeal (protest).

Determination of the judge about refusal in adoption of the writ of appeal (protest) in connection with the omission of term can be appealed stipulated in Article 248 KOAS (is protested) according to the procedure.

8. Article 228 KOAS establishes requirements to form and content of the writ of appeal (protest) in this connection, after receipt of the writ of appeal (protest) the judge performs check of observance by person who made the writ of appeal (protest), the specified requirements of the procedural law.

The direction or delivery to other persons participating in case of copies of the writ of appeal (protest) and documents attached to it under the law is carried to obligation of person who made the writ of appeal (protest) and is confirmed by the receipt on departure of the registered mail, the receipt on their obtaining, etc.

If the writ of appeal (protest) is made with violation of the requirements provided by part one and Items 1 - 5 parts two of article 228 KOAS or are not attached to it proofs of the direction of its copy to persons participating in case, the judge returns the writ of appeal (protest).

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