PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of January 3, 2024 No. UP-1

About additional measures for reforming and digitalization of system of execution of court resolutions and acts of other bodies

(Extraction)

In recent years in the country considerable work on large-scale reforming of life of society and state, and also in the field of enhancement of system of execution of court resolutions and acts of other bodies within the performed judicial and legal reforms is carried out.

Along with it the analysis of experience and practice in the field of execution of the court resolutions which are saved up by the advanced democratic states of the world showed the available need for realization of long-term system reforms for this direction.

The structure and tasks of Bureau of forced execution not fully meet the modern requirements and world tendencies of development of system of forced execution.

Systematization and further enhancement of acts of the legislation on execution of court resolutions and acts of other bodies directed to the prevention of any evasion from execution of court resolutions, guaranteeing immunity of necessary money for providing subsistence minimum of citizens are required.

According to the tasks determined by Strategy "Uzbekistan - 2030", for the purpose of reliable protection of the rights and legitimate interests of citizens, society and the state, and also ensuring efficiency of justice by enhancement of system of execution of court resolutions and acts of other bodies:

1. Establish procedure according to which since May 1, 2024:

a) the procedure for issue (sending, provision) executive documents based on court resolutions electronically takes root. At the same time:

the procedure for issue (sending, provision) the executive documents issued based on acts of economic courts, exclusively electronically takes root (except the executive documents which are subject to execution outside the Republic of Uzbekistan);

the executive documents issued based on acts of courts on civil and criminal cases and courts on administrative cases can be issued (to go, be provided) usually electronically, and the executive documents which are subject to execution outside the Republic of Uzbekistan or according to the petition of the parties - in the confirmed seal of court to paper form;

the executive documents issued based on court resolutions are certified by QR code (matrix bar code) and drawn up by the digital signature;

legal entities receive and provide the executive documents issued based on court resolutions and also the made decisions and other documents within enforcement proceeding by means of personal office of the taxpayer;

for physical persons the possibility of obtaining and provision of the executive documents issued based on court resolutions, and also the made decisions and other documents within enforcement proceeding by means of the Single portal of interactive state services or terminals on rendering interactive services is created;

b) establish the minimum size of the guaranteed income of citizens on which collection on debt cannot be turned. At the same time:

the minimum size of the guaranteed income is applied in case of money recovery on debt of citizens and constitutes half of the established minimum wage;

it is forbidden to hold (to charge) money off bank accounts citizens, including from their bank cards, based on executive documents on debt if the cash amount on them does not exceed half of the established minimum wage;

c) extend procedure for the simplified enforcement proceeding also to debt collection on postage expenses.

2. Determine that since December 1, 2024 the Register of Obligations institute takes root (further - the Register) on ensuring unconditional execution of court resolutions and acts of other bodies. At the same time:

The register is kept by Bureau of forced execution;

in case of impossibility of implementation of collection in view of absence at the debtor of property of the information about him are entered in the Register without fail;

after entering into the Register of information about the debtor all restrictions applied concerning it within enforcement proceeding remain;

in case of identification of property and money at the debtor, data on whom are entered in the Register, forced executive actions will continue;

in case of execution by the debtor of the obligations according to the executive document, his death, cancellations of court resolution or the act of other body based on which the executive document was issued of cancellation or recognitions invalid the document which is the executive document, not detection of data on property or money of the debtor within 10 years or recognition by his bankrupt, the information about the debtor is excluded from the Register according to the statement of the claimant.

To the Prosecutor General's Office (N. T. Yuldoshev) together with the interested ministries and departments till August 1, 2024 to develop and introduce in accordance with the established procedure drafts of regulatory legal acts on implementation in practice of Register of Obligations institute.

3. Determine that since April 1, 2024:

realization of property on commission and contractual bases within forced execution of court resolutions and acts of other bodies is performed by exclusively trade organizations which implemented electronic system of remote monitoring of processes from acceptance before realization of property;

in case of the choice of outlets on realization of property on commission and contractual bases within forced execution of court resolutions and acts of other bodies the priority is provided to the trade organizations which are engaged in realization of property by means of online stores.

To the Prosecutor General's Office (N. T. Yuldoshev) till April 1, 2024 to develop and submit for approval in the Procedure for Realization Cabinet of Ministers on commission and contractual bases of property, the arrested on executive documents.

4. For the purpose of ensuring effective fulfillment of the tasks assigned to Bureau of forced execution:

a) allocate Bureau of forced execution in addition 230 established posts of the state contractors which main activities are directed to protection of interests of the minors financed from Fund of development of Bureau of forced execution;

b) within the operating established posts of Organizational and control and analytical management of central office to form the Center of monitoring and to determine it the main objectives:

the online analysis of the situations connected with course of execution of court resolutions and acts of other bodies on the basis of the data obtained from the software and information systems of Bureau of forced execution;

accounting and other reporting under the money collected by means of information and communication and digital technologies;

conducting control of observance of procedural procedure and terms of enforcement proceeding;

assessment and forecasting of situations which can arise, by information analysis, and also introduction of offers on their prevention and elimination;

c) framework of the operating established posts to form in central office Department of accounting and asset management, in managements of Bureau of forced execution of the Republic of Karakalpakstan, areas and the city of Tashkent - the Sector of accounting and asset management.

5. To the director of Bureau of forced execution M. E. Egamberdiyev:

pay special attention to acceptance to position of the state contractor of persons having the higher education;

perform measures for step-by-step training in Law-enforcement academy of the Republic of Uzbekistan of the acting state contractors having secondary vocational education.

6. Approve the Program of measures for further development of system of execution of court resolutions and acts of other bodies according to appendix No. 1.

Assign to the Attorney-General of the Republic of Uzbekistan N. T. Yuldoshev, heads of the responsible ministries and departments the personal responsibility for timely and complete execution of the actions provided by the Program of measures.

7. Make changes and additions to some acts of the President of the Republic of Uzbekistan according to appendix No. 2.

8. To the Prosecutor General's Office together with the Ministry of Justice, the Supreme Court and the Ministry of Economics and finance in two-month time to make offers on the changes and amendments in acts of the legislation following from this Decree.

9. Assign to the Attorney-General of the Republic of Uzbekistan N. T. Yuldoshev the personal responsibility for the effective organization of execution of this Decree.

Discussion of course of execution of this Decree, implementation of coordination and control of activities of the departments responsible for its execution to assign to the adviser to the President of the Republic of Uzbekistan D. B. Kadirov.

Appendix №1

to the Presidential decree of the Republic of Uzbekistan of January 3, 2024 No. UP-1

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