RESOLUTION OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN, MINISTRY OF INTERNAL AFFAIRS OF THE REPUBLIC OF UZBEKISTAN

of January 12, 2007 No. 2/1, No. 2

About approval of the Instruction about procedure for execution of orders of judges on the forced drive of persons evading from appearance in court

According to the Law of the Republic of Uzbekistan "About courts", the Code of penal procedure and the Code of civil procedure of the Republic of Uzbekistan, and also the Resolution of the President of the Republic of Uzbekistan of August 31, 2006 No. PP-458 "About measures for further enhancement of Department for execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan", the Ministry of Justice and the Ministry of Internal Affairs of the Republic of Uzbekistan decide:

1. Approve the Instruction about procedure for execution of orders of judges on the forced drive of persons evading from appearance in court according to appendix.

2. This resolution becomes effective after ten days from the moment of its state registration in the Ministry of Justice of the Republic of Uzbekistan:

Approved by the resolution of the Ministry of Justice and Ministry of Internal Affairs of the Republic of Uzbekistan of January 12, 2007 No. No. 2/1, 2

The instruction about procedure for execution of orders of judges on the forced drive of persons evading from appearance in court

This Instruction, according to the Law of the Republic of Uzbekistan "About courts", the Code of penal procedure and the Code of civil procedure of the Republic of Uzbekistan, and also the resolution of the President of the Republic of Uzbekistan of August 31, 2006 of NPP-458 "About Measures for Further Enhancement of Department for Execution of Judgments, Material and Financial Provision of Activity of the Courts under the Ministry of Justice of the Republic of Uzbekistan", determines procedure for execution of orders of judges by the forced drive of persons evading from appearance in court.

I. General provisions

1. The drive of persons evading from appearance in court according to the Code of penal procedure and the Code of civil procedure is enforcement power.

2. Execution of orders of judges on the forced drive of persons evading from appearance in court consists in implementation by authorized state bodies of the measures applied in case of evasion of persons from voluntary appearance.

3. Execution of orders of judges on the forced drive of persons evading from appearance in court is performed by the staff of law-enforcement bodies of the Republic of Uzbekistan (further - the staff of law-enforcement bodies).

II. Procedure for execution of the forced drive

4. The basis for the forced drive of person is determination of court.

5. Determination of court about the forced drive of person is transferred (goes) for execution within a day from the date of its removal to law-enforcement bodies on production site on case.

In determination shall be specified:

surname, name, middle name of person which is subject to the drive;

its procedural provision;

the residence or place of employment of person which is subject to the drive;

bases of use of the drive;

when and where person which is subject to the drive shall be brought;

who is entrusted to perform the drive.

6. The arrived determination of court about the drive is considered immediately by the head of department of law-enforcement bodies who will organize its exact and timely execution. During absence of the head of department of law-enforcement bodies execution of determination of court is performed by one of his deputies.

7. Determination about the drive is registered in the special magazine and is issued to the staff of law-enforcement bodies for execution under list within a day from the date of receipt of determination.

8. The forced drive is made from 6-00 till 22-00 o'clock, and in other time of day is made in the cases established by the legislation.

9. The employee or employee group of law-enforcement bodies in day of the drive leave to the place of the actual finding of person.

Having found person which is subject to the drive the employee of law-enforcement bodies acquaints it under list with determination about the forced drive in court. At the same time the statement of time and the place of detection, time of delivery of person, and also of statements, claims and petitions of person which is subject to the forced drive is drawn up.

10. Having determined that the drive of person is impossible because of its absence owing to escape, leaves, business trips, serious illness or other reasons (natural disaster, availability of juvenile children in case of impossibility to charge someone care of them, long traffic disturbance of transport, etc.), the employee of law-enforcement bodies draws up the statement which is signed by the chairman of descents of citizens. Are attached to the act the official report approved by the head of department of internal affairs and copies of the documents confirming reasonable excuses.

The act, with appendix of the relevant documents, is transferred to the chairman of justices or the judge, the taken-out determination about the forced drive.

11. When implementing the forced drive the staff of law-enforcement bodies shall observe the rights and legitimate interests of persons brought to court, to respect their honor and advantage.

12. In cases of malicious disobedience or resistance to legal requirements the staff of law-enforcement bodies has the right to use physical force, special means and firearms according to the Law of the Republic of Uzbekistan "About law-enforcement bodies". In this case the protocol in which the place, time and the nature of offense taken to person measures is specified is drawn up. The protocol is shown to the head of department of law-enforcement bodies with the official report about the applied measures provided by the law. The judge by whose determination the forced drive was performed is informed on it.

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