RESOLUTION PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of March 25, 2024 No. 9

About some questions of consideration by courts of civil cases in appeal, cassation 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 case in appeal, cassation procedure is important part of the legal institution guaranteeing to participants of legal procedure the right to appeal of court resolution.

2. According to Articles 383, 403 Codes of civil procedure of the Republic of Uzbekistan (further - GPK) production is initiated in court of appeal, cassation instance:

a) for claim production:

according to the plaintiff's application, defendant, third party;

according to the claim of the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship, except for the disputes which are not connected with business activity;

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

b) for mandative production (except for the writ):

according to the claim of the applicant (claimant), debtor;

c) for special proceeding:

according to the claim of the applicant, interested person;

d) on the cases connected with the decision of reference tribunal:

according to the claim of the parties of arbitration.

Appeal, cassation production can be initiated also according to the claim of person who is not recruited in case about which rights and obligations the court resolved question. This person has the right of appeal of court resolution and when it is not mentioned in it.

The right of appeal of court resolution in appeal, cassation procedure legal successors of the parties, the third parties, and also person who is not recruited in case about which rights and obligations the court resolved question also have. In this case the document confirming the legal succession fact shall be attached to the claim.

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

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