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

of June 23, 2023 No. 17

About court practice on cases on fraud

Due to the questions which arose in judicial and investigative practice, and also changes and additions made to the legislation based on article 22 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. According to the Constitution of the Republic of Uzbekistan equality and legal protection of all patterns of ownership is provided, and any infringement of it is pursued under the law.

2. Draw the attention of courts, that in the conditions of market economy among the acts connected with infringement of property the tendency of growth of crimes in the form of plunder of alien property by fraud is noted.

3. Fraud is expressed in illegal and non-paid occupancy by someone else's property or the right to alien property by deception or confidence abuse as a result of which the owner (his representative), other owner of property or authorized body transfers property or the right to it to other person or gives opportunity for withdrawal of property or acquisition of right to it by other person.

4. In case of fraud should understand the conscious message as deception guilty persons of obviously false, untrue data or default about the true facts which based on the circumstances of a matter shall be told the owner, other owner of property or the intentional actions directed to introduction of these persons in delusion.

In case of fraud data on any circumstances which can mislead injured, in particular, dispositive facts and events, quality and property value, the identity of the guilty person, its intention, power can belong to false data (for example, the perpetrator issues itself for the official or for the employee of law enforcement agencies or for the entrepreneur acting on legal causes, etc.).

Falsification of subject of the transaction or payment, application of fraudulent acceptances in case of game in the hazardous or based on risk other games can belong to the intentional actions directed to false representation in case of fraud, for example, etc.

5. In case of fraud it is necessary to understand use as confidence abuse guilty of the mercenary purposes of trusting relationships with the owner, other owner of property or person, the representative to make decisions on transfer of this property to the third parties. The trust can be caused by different circumstances, for example, official position of the perpetrator either its personal or related relations with the victim.

6. Explain to courts that in case of fraud deception or confidence abuse shall be made concerning capable person who voluntarily transfers property or the right to it to the possession or ownership to the guilty person. Deception obviously for the guilty incapacitated person or person not capable to understand value of the events (for example, in view of the early childhood (not achievement of the 14th summer age), blindness, mental inferiority, heavy degree of intoxication under the influence of alcohol, drugs, their analogs or psychotropic substances), and receipt of property from it it is necessary to qualify not as fraud and as theft as in these cases person does not realize that the property leaves its ownership.

7. The fraud directed to occupancy by property is recognized of real opportunity to use or dispose of it at discretion ended from the moment of receipt of the specified property in adverse possession of the guilty person or other persons and receipt by them. As under the law person has real opportunity to dispose of money in bank at discretion from the moment of their revenues (transfer) to its bank account, crime it is necessary to consider ended from the moment of transfer of these funds for the account of person who withdrew them by deception or confidence abuse from the account of the owner, or transfer into accounts of other persons.

The fraud directed to acquisition of right to alien property is considered ended from the moment of origin at the guilty person of legally enforceable opportunity to enter ownership or to dispose of someone else's property (for example, from the moment of registration of the property right to the real estate or other rights to property which is subject to such registration according to the law; since the conclusion of the agreement; from the date of entry into force of the judgment to which behind person the right to property, from the date of decision making of competent state body, concerning availability at the guilty person or other persons of the bases for ownership, use or the order of property is recognized).

8. If person receives alien property or acquires the right to it, without intending to fulfill at the same time the obligations connected with conditions of transfer to it of the specified property or the right, the deeds should be qualified as fraud, only if the intention directed to occupancy of alien property or acquisition of right to it arose at the guilty person before receipt of alien property or the right to it. About availability of the intention directed to occupancy of alien property can witness, in particular, use by the guilty person of fraudulent documents or guaranty letters, concealment of information on availability of debts and pledges of property, creation of the pseudo-companies (organizations) for participation in quality of one of the parties in the transaction, inappropriate use of borrowing facilities or their cashing in. The specified circumstances in itself cannot be the basis for recognition of person guilty of fraud making in this connection, in each case it is necessary to determine taking into account all facts of the case that person obviously did not intend to fulfill the obligations.

If the intention on occupancy by someone else's property, arose at the guilty person after its obtaining, actions of person do not form structure of fraud and taking into account specific circumstances shall be regarded as plunder of alien property by assignment or waste (for example when person illegally and gratuitously turns into the property or property of other person the property transferred to it is lawful for the purpose of economic maintaining, operational management, trust management, delivery, storage, realization, etc.).

If person does not fulfill voluntarily undertaken obligation based on written transactions, agreements (the loan agreement, the receipt, the guaranty letter, etc.) on any objective reasons which arose in the course of its execution (for example, because of property insolvency, essential change of circumstances from which the parties proceeded in case of the conclusion of agreements, serious illness, emergency situation) or if it is impossible to prove availability of intention at it on occupancy by someone else's property, such circumstances shall be regarded as the dispute which is following from the civil relations, and subject to permission according to the procedure of civil or economic legal proceedings.

9. Courts should mean that cases of achievement of allocation of money and their transfer into the accounts providing to them open entry with use of the special codes of technical means (computers, laptops, phones, tablets etc.) belonging to other person, and demanding special identification or "digital signatures" of other person for the purpose of receipt of credit (microloan) means in online form from banks and other credit institutes by deception or confidence abuse should be estimated further as fraud.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info