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

of June 25, 2024 No. 20

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

Due to the changes and additions made to the Code of civil procedure of the Republic of Uzbekistan and also 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. Draw the attention of courts that review of civil cases in auditing procedure is important part of the legal institution providing legality, justification and justice of court resolutions, correctness of application by courts of regulations of the substantive right and observance of requirements of the procedural legislation.

2. The right of appeal (protest) of the court resolutions specified in Article 419-4 of the Code of civil procedure of the Republic of Uzbekistan (further - GPK), is provided:

to the claimant (applicant), the defendant, the third party, the interested person for special proceeding;

to legal representatives and legal successors of the claimant (applicant), defendant, third parties;

to persons who are not recruited in case about whose rights and obligations the court resolved question;

To the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship;

To Chamber of Commerce and Industry of the Republic of Uzbekistan and its territorial administrations for the benefit of members of chamber;

to the prosecutor.

The representative of person participating in case, including the lawyer, the court resolution having the right to appeal in auditing procedure only under condition if such right is specially stipulated in the power of attorney issued represented (Article part two 69 GPK).

The legal representative (parents, adoptive parents, the guardian, the custodian, etc.) of person having the right to appeal court resolution in auditing procedure needs to submit the document confirming the representation (Article 66 GPK).

The documents confirming the fact of transition of the right or possibility of transition of such right shall be attached to the claim in auditing procedure submitted by the legal successor of person participating in case (marriage certficates, the birth, the will, etc.).

The Attorney-General of the Republic of Uzbekistan, the prosecutor of the region equated to him the prosecutor and their deputies has the right to bring protest in auditing procedure on the cases considered with participation of the prosecutor and also on cases in which obligatory participation of the prosecutor is established by the law. On the cases considered without participation of the prosecutor, the protest in auditing procedure can be brought in the presence of addresses of persons participating in case and also persons who are not recruited in case, but question of the rights and which obligations it was permitted by court.

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