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

of June 25, 2024 No. 21

About some questions of consideration by courts of economic cases in auditing procedure

Due to the changes and additions made to the Economic Procedure Code of the Republic of Uzbekistan and for the purpose of ensuring uniform and correct use of the provisions of the law, being guided by article 22 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain that review of economic cases in auditing procedure is the important legal institution providing legality and justification of acts of courts of subordinate instances, correctness of application of regulations of the substantive right by them and observance of requirements of the procedural law.

2. Provided in Article 307 of the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) the list of persons having the right of appeal (protest) of court resolution in auditing procedure is exhaustive and is not subject to extensive interpretation.

In case of disposal of one of persons participating in case, in the disputable or established by court resolution legal relationship (reorganization of the legal entity, right to claim concession, transfer of debt, the death of the citizen and other cases of change of persons in obligations) the legal successor of this person also has the right to address with the claim in auditing procedure. The documents confirming the fact of transition of the rights and obligations shall be attached to the claim in auditing procedure submitted by the legal successor.

3. Explain to courts that according to part one of article 50 EPK state bodies and other persons (for example, judicial authorities, councils of farmer, Dehkan farms and owners of garden plots, etc.) have the right to appeal in auditing procedure court resolution only if the claim is made by them.

In cases, stipulated by the legislation, the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship for the benefit of the entrepreneur and Chamber of Commerce and Industry of the Republic of Uzbekistan, its territorial subdivisions for the benefit of members of Chamber has the right to appeal in auditing procedure court resolution irrespective of, is given or the action for declaration (statement) is not submitted to court by them.

4. According to article 308 EPK the claim (protest) in auditing procedure is considered:

Judicial board on economic cases of Court of the Republic of Karakalpakstan, regional, Tashkent city courts;

Judicial board on economic cases of the Supreme Court of the Republic of Uzbekistan;

Presidium of the Supreme Court of the Republic of Uzbekistan.

On economic cases of Court of the Republic of Karakalpakstan, regional, Tashkent city courts in auditing procedure claims (protests) to the decisions which took legal effect, determinations, resolutions of interdistrict, district, city economic courts on the cases considered in appeal or cassation procedure and also on court orders of appeal or cassation instance are considered by judicial board.

Is considered by judicial board on economic cases of the Supreme Court of the Republic of Uzbekistan claims (protests) to the court resolutions adopted by Court of the Republic of Karakalpakstan, regional and Tashkent city courts on the cases considered in auditing procedure and on the court resolutions adopted by these courts on the first instance on the cases considered in appeal or cassation procedure and also on the court resolutions adopted by the Supreme Court of the Republic of Uzbekistan on the first instance on the cases considered in appeal or cassation procedure.

The presidium of the Supreme Court of the Republic of Uzbekistan considers protests of the chairman of the Supreme Court and the Attorney-General of the Republic of Uzbekistan on court resolutions on the cases considered in auditing procedure and also on the court resolutions adopted in auditing procedure by Judicial board on economic cases of the Supreme Court of the Republic of Uzbekistan.

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