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

of December 16, 2024 No. 37

About practice of collection of court costs on civil cases

Due to the changes and additions made to the Law of the Republic of Uzbekistan "About the state fee" and also for the purpose of ensuring uniform and correct use of the provisions of the law, remedial action which are available in court practice on collection of court costs on civil cases based on article 22 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Courts should mean that court costs on civil cases consist of the state fee and costs connected with consideration of the case.

2. According to article 3 of the Law of the Republic of Uzbekistan "About the state fee" (further - the Law "About the State Fee") the state fee the obligatory payment levied for making of legally significant actions and (or) issue of documents by the organizations authorized on that and (or) officials is considered.

As the state fee along with other types of obligatory payments is component of forming of the income of the Government budget of the Republic of Uzbekistan, courts need to observe strictly requirements of the law on collection of the state fee for civil cases.

3. The questions connected with collection of the state fee on civil cases are regulated by the Law "About the State Fee", "The sizes of rates of the state fee" approved by this Law and Chapter 13 of the Code of civil procedure of the Republic of Uzbekistan (further - GPK).

4. Explain that the state fee on civil cases is collected:

1) from the actions for declaration submitted to courts, statements for special proceeding, statements for issue of the writ;

2) from statements for contest of decisions of reference tribunal;

3) from statements for issue of writ of execution on forced execution of decisions of reference tribunal;

4) from statements for recognition and carrying out of the foreign judgment and foreign reference tribunal (arbitration);

5) from actions for declaration about contest of decisions of the companies, organizations, organizations, public associations and actions (failure to act) of their officials who are not arising from administrative and other public legal relationship;

6) from appeal, cassation and auditing claims:

a) on decisions of the courts;

b) on determinations about suit abatement, about leaving of the claim without consideration, about imposing of judicial penalties;

c) on determinations on cases on contest of the decision of reference tribunal;

d) on determinations according to statements for issue of writ of execution on forced execution of decisions of reference tribunal;

e) on determinations of court according to statements for recognition and carrying out of the foreign judgment and foreign reference tribunal (arbitration);

7) for issue of duplicates and copies of documents (including copies of the court resolutions issued repeatedly).

Explain to courts that as according to Articles 396, 416 and 419-27 GPK courts of appeal, cassation and auditing instances shall check court resolutions in full, in case of submission of appeal, cassation and auditing claims to court decrees regarding court costs, the state fee is paid in accordance with general practice, except for the private complaints made about the determinations which are taken out concerning the state fee.

5. The state fee and postage expenses are paid before giving to court of the statement, action for declaration, claim (further - the statement), appeal, cassation and auditing claims, except as specified, when other payment procedure of the state fee is established by the law (for example, in cases of release of the applicant from payment of the state fee by the Law, delays or payments by installments of payment of the state fee by court).

At the same time it is necessary to draw the attention of courts that the law does not provide exemption of postage expenses, delays, reduction or payment by installments of their payment.

The fact of payment of the state fee is confirmed:

the payment document (the receipt, the payment order, etc.) the established form, the bank issued to the payer;

the payment document issued to the payer by the official who made payment in the established form or the cash register of state body and organization;

the data received from electronic payment system.

When giving in court of the statement on receivership proceeding in which the price of the claim is determined in foreign currency the amount of the state tax is established in national currency at the Central Bank rate of the Republic of Uzbekistan for date of filing of application.

In cases when the state fee is paid by one payment document according to several statements which are subject to separate consideration in this court, the payment order is attached to one of cases. The copy of the payment document joins other cases, and the judge makes mark or the certificate of payment of the state fee with reference to case in which there is payment document is constituted.

This rule also extends to payment documents about payment of postage expenses.

6. It must be kept in mind that the size to the subject payment of the state fee depends on nature of the declared requirement (property or non-property) and is determined by rates, the established Law "About the State Fee".

In cases when claims have property character, the amount of the state tax is determined by the judge according to articles 129 and 130 GPK, proceeding from the price of the claim specified by the claimant.

From the actions for declaration containing several independent requirements of property nature, the state fee is collected proceeding from the total amount of the claim.

From the actions for declaration including several independent requirements of non-property nature, the state fee is collected for each requirement separately.

From the statements consisting of several independent requirements having at the same time property and non-property character, the state fee is collected for each requirement separately at the rates established for statements of property and non-property nature. For example, in case of presentation in one statement of claims for annulment of marriage and the Section of property or consolidation in one case of requirements about installation and eviction from premises the state fee is collected for each requirement separately.

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