of January 30, 2006 No./643
Abuse of regulations about language in which legal proceedings are conducted is the basis to cancellation of the decision or resolution.
JSC S appealed to economic court with the action for declaration to multi-profile "Sh" about collection of 5887832 bags of principal debt and 2000000 bags of penalty fee for unpaid amount.
The decision is cancelled by the resolution of appellate instance and case is sent for new trial.
Without having agreed with the resolution of appellate instance, the claimant addressed with the writ of appeal about its cancellation and leaving of resolution of the Trial Court without change.
The prosecutor's office addressed with the prosecutor's appeal regarding cancellation of the resolution of appellate instance and about suit abatement in appellate instance.
Judicial board, having studied case papers, having discussed arguments of the writ of appeal and prosecutor's appeal, considers necessary the decision and the resolution to cancel, case to send for new trial in Trial Court on the following bases.
As it is seen from case papers, the basis for cancellation of resolution of the Trial Court were those circumstances that by the claimant it is released to the defendant the cardboard of the K-150, brand instead of specified in the agreement of the K-350, brand this circumstance is confirmed by acts of August 16, 2003 and on April 7, 2003 what by Trial Court is not given legal treatment.
Besides, the appellate instance specified that the Trial Court allows violation of procedural rules about application of rules about language on which legal proceedings are conducted. So, the representative of the claimant M., being on the Russian's nationality, explained to Appeal Court that she does not know state language. However, Trial Court, without having provided it with the translator, conducted legal proceedings in state language.
Really, abuse of regulations about language is the basis to cancellation of the decision. However, the appellate instance by consideration of the petition for appeal allowed similar violation of procedural rules. This circumstance was also specified by the representative to claimants. by consideration of the writ of appeal.
According to Item 3 of part 3 of Article 188 of the Economic Procedure Code of the Republic of Uzbekistan abuse of regulations about language in which legal proceedings are conducted is the basis to cancellation of the decision or resolution.
Besides, the appellate instance did not pay attention that the Namangan regional management of Chamber of Commerce and Industry of the Republic of Uzbekistan by consideration of the action for declaration did not participate in Trial Court.
According to Article 34 of the Economic Procedure Code of the Republic of Uzbekistan persons participating in case the parties, the third parties, the prosecutor, the state and other bodies, owing to the powers assigned to them, and also applicants and other interested persons are recognized cases on establishment of the facts having legal value and on bankruptcy of the organizations and citizens.
According to article 156 of this Code of person, participating in the case having the right to make the petition for appeal about the decision of economic court which did not take legal effect.
The resolution of the Plenum of the Supreme Economic Court of the Republic of Uzbekistan of February 24, 2001 to N91 "About Application of the Economic Procedure Code of the Republic of Uzbekistan by Hearing of Cases in Appeal Court" makes explanation that in case of submission of the petition for appeal by the person who does not have by law the right to appeal of the decision, in particular, person, not participating in case, the judge refuses adoption of the petition for appeal in relation to Item 1 of part 1 of article 117 HPK. If these circumstances are established after adoption of the claim to production, then production in appellate instance stops in relation to Item 1 of article 86 HPK.
Under such circumstances the judicial board considers that the decision and the resolution of appellate instance are subject to cancellation, and delonapravleniye on new trial in Trial Court.
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