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

of December 16, 2024 No. 39

About modification and amendments in some Resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan

In the country the large-scale reforms directed to further deepening of democratization of the judicial and legal sphere and protection of constitutional rights of citizens are undertaken.

For the purpose of realization of these reforms number of the changes and amendments directed to raising of human rights protection on new level on the basis of the principle of "Human dignity", strengthening of guarantees of protection of the rights and freedoms of citizens, improvement of quality of justice and trust of the population to judicial system of the country is brought in legal acts.

With respect thereto, for the purpose of reduction of the existing Resolutions of Plenums in compliance with these changes and amendments, and also giving explanations on the questions arising in court practice based on article 22 of the Law "About Courts", the Plenum of the Supreme Court decides:

I. Make changes and additions to the following Resolutions of the Plenum of the Supreme Court on general questions:

1. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of December 20, 1996 No. 1/60 "About Judicial authority":

in the second paragraph of preamble of the word "other public associations." shall be replaced with words "other institutes of civil society.";

the paragraph one of Item 3 to add with the second offer of the following content "On specific cases of the judge are not accountable.";

in the first offer of Item 5 of the word "Written or Oral" shall be replaced with words:

"Written, electronic or oral";

in the second offer of Item 6 after the words "in the procedure provided by the law" to add with words "by public legal proceedings";

add Item 12 with the paragraph the fourth the following content:

"The judge's challenge in law enforcement agencies for interrogation as the witness or the suspect is allowed only with the consent of the relevant qualification board of judges";

to state paragraph two of Item 15 in the following edition:

"The judge shall conform to the conventional rules of decency and morality, to be truthful in any situation, to abstain from actions which can undermine authority of judicial authority, cause damage to reputation of the judge or raise doubts in his impartiality, independence and objectivity, to avoid use of the authority of the judicial position on private interests or interests of other persons, to maintain the professional competence of area of the right, own advantage, to show patience to the parties in legal procedure, to adhere to high moral foundations in private life.".

2. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of December 14, 2007 No. 19 "About condition of personnel work in courts of law and questions of observance by judges of the judicial oath":

in Item 7 of the word "appeal, cassation instances" shall be replaced with words "appeal, cassation and auditing procedure".

3. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of February 21, 2020 No. 04 "About ensuring openness of legal proceedings and right to be informed about activity of the courts":

Item 8 in paragraph five after the words "put forming electronically" to add with the words "and also the publication of judgments in mass media";

in the paragraph the second Item 9 after the words "According to the Petition of the Participant of Process" to add with the words "or initiative of court";

in Item 30:

to exclude the first subparagraph one of the paragraph;

to state the second subparagraph one of the paragraph in the following edition:

"organize meetings of judges with the population, and also every quarter to inform the public on activity of the courts through mass media";

the second subparagraph one of the paragraph respectively to consider the first subparagraph one of the paragraph;

in Item 31 of the word "according to the procedure of supervision, in appeal and cassation procedure." shall be replaced with words "in appeal, cassation and auditing procedure.".

4. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of April 28, 2020 No. 8 "About some questions of application by courts of the legislation in connection with introduction in the territory of the Republic of Uzbekistan of measures for prevention of spread of koronavirusny infection (COVID-19)":

Item 5 in paragraph one after the word "economic" to add with the words "on cases on administrative offenses".

5. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of July 3, 2020 No. 11 "About judicial protection of the rights and legitimate interests of physical persons and legal entities":

third Item 2 to state the subparagraph in the following edition:

"it is performed in the form of the claim - in case of the appeal to courts of appeal, cassation or auditing instance";

state Item 7 in the following edition:

"In case of appeal to the court of appeal, cassation or auditing instance in the cases provided by the law the documents confirming payment of the state fee and postage expenses shall be attached to the claim";

state Item 9 in the following edition:

"Explain that the judge presiding when considering the case in Trial Court is personally responsible for timely registration of addresses, adherence to deadlines of registration and the direction of case in court of appeal, cassation or auditing instance.

Responsibility for the notice of participants of process about time and the place of consideration of the case in court of appeal, cassation or auditing instance is assigned to the judge who is the speaker on case";

state Item 10 in the following edition:

"If arguments about violation by court (judge) of regulations of the procedural law by consideration of specific case are given in the address and during consideration of the claim these arguments were confirmed, then by results of consideration of the case courts of appeal, cassation or auditing instance should take out private determination which copy goes to the relevant qualification board of judges".

6. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of June 23, 2023 No. 16 "About some questions of direct application of regulations of the Constitution of the Republic of Uzbekistan when implementing justice":

to state paragraph two of Item 6 in the following edition:

"6. At the same time, punishment or other measure of legal impact applied concerning person guilty of crime execution or offense shall be fair, that is correspond to weight of crime or offense, degree of fault and public danger of his personality, and also the principles of humanity";

in the paragraph the second Item 8 of the word "it is proved by other proofs checked in court" shall be replaced with words "it is proved by set of other proofs checked in court".

II. Make changes and additions to the following Resolutions of the Plenum of the Supreme Court on joint questions:

1. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan of December 22, 2006 No. 13/150 "About some questions of application of the regulations of the civil legislation on ensuring obligation fulfillment following from credit agreements":

add Item 10 with paragraphs the sixth, the seventh, eighth and ninth the following content:

"The amount of effected payment insufficient for execution of monetary commitment completely, in the absence of other agreement settles first of all the creditor's costs for receipt of execution, then - percent, and in the rest - the main amount of debt, except as specified, of groups of companies provided by part two of Article 248.

Draw the attention of courts that the procedure for debt repayment of the borrower provided by part two of Article 248 of group of companies extends only to citizens and subjects of entrepreneurship.

In case of decision making of court about debt collection on the credit charge in relation to the levied amount on the credit specified in the judgment, the percent provided by parts one and the second Article 327 and part one of Article 734 of group of companies, and also penalty (part three of Article 744 of group of companies) stops.

Explain to courts that if till January 1, 2024 the judgment was made on debt collection on the credit, then since January 1, 2024 on the amount collected by this decision, charge of the percent provided by parts one and the second Article 327 and part one of Article 734 of group of companies and also penalties stops";

state Item 17 in the following edition:

"17. In case of the dispute resolution, connected with pledge of real estate, personal estate or the rights to property, it is necessary to consider that such agreement of mortgage and pledge is subject to the notarial certificate only in cases when the agreement provided with pledge according to part five of Article 271 of group of companies be signed in notarial form, except for agreements on mortgage and pledge in case of real estate acquisition and vehicles in the primary market".

2. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan and the Supreme Economic Court of the Republic of Uzbekistan of April 10, 2009 No. 06/196 "About some questions of court practice on application of the legislation on execution of court resolutions":

The paragraph one of Item 6 to state in the following edition:

"Draw the attention of courts that mandatory requirements to contents of the executive document are established by the Law (article 337 EPK). The writ of execution shall correspond literally to substantive provisions of court resolution and contain the complete data concerning the claimant and the debtor (surname, name, middle name, year of birth, the address, personal identification number of the debtor - physical person, and concerning the legal entity - its exact name, identification taxpayer number). In case of failure to carry out of these requirements the state contractor can return writ of execution for remedial action";

state Item 11 in the following edition:

"11. Explain to courts that according to part one of article 34 of the Law the enforcement proceeding is subject to obligatory suspension in case:

- the death of the debtor, the announcement his dead or recognitions it is unknown absent if the legal relationship established by court allows legal succession;

- contest by the debtor of the executive document judicially if such contest is allowed by the legislation;

- submissions of the claim in court to the decision of bodies (action of officials), authorized to consider cases on administrative offenses;

- presentations in court of the claim for exception of the inventory (release from arrest) of property on which collection according to the executive document is turned;

emergence of the bases provided by part two of this Article.

It must be kept in mind that according to part one of article 35 of the Law the enforcement proceeding can be suspended by court in case:

- appeals of the debtor or the claimant to the relevant court the issued executive document, with the statement for delay or extension of the deadline for executing the executive document, change of method and procedure for its execution;

- findings of the debtor on long official journey or on treatment in stationary medical institution;

- submissions of the claim to actions (resolutions) of the state contractor;

- contest of results of assessment of the described property;

Courts shall mean that suspension of enforcement proceeding shall not complicate or make further impossible execution of the decision.

The application for suspension of enforcement proceeding is considered by court on civil cases in ten-day time, and economic and administrative courts - in twenty-day time from the date of its receipt without challenge of the parties and legal proceedings.

About suspension of enforcement proceeding the court takes out determination. The complaint can be made about this determination or the protest according to the procedure, the established GPK, EPK or KOAS is brought.

According to part three of article 36 of the Law after elimination of the circumstances which formed the basis for execution suspension, the enforcement proceeding renews the court which suspended it or the state contractor based on the statement of the claimant or at the initiative of the state contractor.

Draw the attention of courts that if in determination of court about suspension of enforcement proceeding suspension term is not specified, courts have the right to renew enforcement proceeding.";

In the text in Uzbek in the first paragraph of Item 12 of the word "court izhrochisining" to replace with the words "давлат izhrochisining";

state Item 13 in the following edition:

"13. Court of appeal and auditing instance according to the petition of persons participating in case, the execution of the disputed court resolution having the right to suspend before the end of production according to the claim (article 271 EPK, article 212 KOAS, article 41913 GPK, article 265 KOAS and article 323 EPK).

Draw the attention of courts that according to Article 4076 GPK, article 236 KOAS and article 294 EPK according to the petition of persons participating in case, the court of cassation instance shall suspend execution of the disputed court resolution before the end of proceeedings in cassation procedure.

In case of the statement of the petition for suspension of execution of the court ruling together with the claim about results of consideration of this petition it is specified in determination about adoption of the claim to production.

In case of submission of the petition for suspension of execution of the court ruling after adoption of the claim to production, according to this petition separate determination is taken out.".

3. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of May 25, 2012 No. 6 "About some questions of international cooperation in the field of civil and criminal trial":

in Item 16 of the word to "Management of the analysis of the legislation in the judicial and legal sphere" shall be replaced with words to "Department on the analysis of the legislation in the field of justice".

4. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of February 20, 2023 No. 4 "About some questions of application by courts of the tax legislation":

in paragraph one of Item 20 of the word "parts nine" shall be replaced with words "parts eight";

exclude Item 19;

add Item 32 with the third paragraph of the following content:

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