of March 25, 2024 No. 11
About some questions of consideration of administrative cases in appeal, cassation procedure
Due to the modification and amendments in the Code of the Republic of Uzbekistan about administrative legal proceedings, and also for the purpose of 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 administrative cases in appeal, cassation procedure is the important legal institution providing the right of participants of legal procedure to appeal and check of legality and justification of court resolution.
2. According to Articles 200, 224 Codes of the Republic of Uzbekistan about administrative legal proceedings (further - KOAS) appeal, cassation production is initiated:
according to the claim of the applicant, defendant, third parties;
according to the claim of persons who are not recruited in case on whose rights and obligations the court made the decision;
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 Uzbekistan for the benefit of members of chamber;
according to the claim of the state bodies and other persons who submitted the application for the purpose of protection of the rights and the interests of citizens and legal entities (part one of article 47 KOAS) protected by the law;
on the prosecutor's protest.
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.
The representative of person participating in case including the lawyer having the right to appeal court resolution in appeal, cassation procedure, having signed the claim if such right is specially provided in the power of attorney issued represented (part two of article 62 KOAS).
3. Explain to courts that determination of court can be appealed it (is protested) separately from the judgment in the cases provided by KOAS and also if determination obstructs further traffic of case.
The petition for appeal (protest) is not submitted about other determinations, but objections against these determinations can be included in the petition for appeal (protest) on the judgment.
If determination which is not subject to appeal contain the decisions which are subject to appeal on procedural questions, then such determination can be appealed (is protested) in the part which is subject to appeal according to KOAS regulations.
4. Appeal, the writ of appeal (protest) is addressed to court of appeal, cassation instance, however is filed a lawsuit, the adopted court resolution (Article part one 202, part one of article 226 KOAS).
The court which adopted court resolution shall send appeal, the writ of appeal (protest) together with case to court of appeal, cassation instance in five-day time from the date of its receipt.
Pay attention that in case of receipt in the court which adopted court resolution, the additional documents concerning appeal, the writ of appeal (protest) or appeal, the writ of appeal from other persons they no later than the next day from the date of their receipt shall be taken to court relevant authorities.
The claim (protest) returns the judge if appeal, the writ of appeal (protest) is directed, passing the court which adopted court resolution.
In determination of court it shall be indicated the need of submission of the claim (protest) through the court which adopted court resolution.
5. If in case of adoption of the claim the judge has doubts available at person which signed the claim, the rights to its signing according to constituent documents, the judge accepts appeal, the writ of appeal to production and in determination suggests to produce the evidence confirming it powers on signing of the claim.
In case of non-presentation of such proof the court of appeal, cassation instance leaves the claim without consideration based on Article part one 213, to part two of article 237 KOAS.
When signing the claim use of the facsimile, except as specified, established by acts of the legislation is not allowed.
6. The beginning of current of submission due date appeal, the writ of appeal (protest) is respectively a day of acceptance or the introduction in legal force of court resolution.
In sense of part five and the sixth article 162 KOAS submission due date appeal, the writ of appeal (protest) on the additional decision is estimated also from the date of adoption of the main decision.
7. If appeal, the writ of appeal (protest) was sent through mail or information system of the Supreme Court till twenty four o'clock the last day of procedural term, term is not considered passed. In that case date of giving appeal, the writ of appeal (protest) is established on stamp on envelope about adoption of the letter, receipt on adoption of the registered mail or on other mark.
8. The petition for recovery of the missed submission due date appeal, the writ of appeal (protest) moves along with the writ of appeal (protest). The request for recovery of the specified procedural term can directly contain in appeal, the writ of appeal (protest).
In cases when along with the petition for recovery of the missed submission due date appeal, the writ of appeal also other petitions arrive (for example, about payment deferral of court costs, suspension of execution of the decision, acceptance of measure of preliminary protection), at first the question of recovery of submission due date of the claim shall be resolved.
9. Explain that valid the reasons of the omission of term of appeal the circumstances which were objectively interfering its making can be the recognition basis (for example, emergencies, restrictive actions (quarantine), floods, epidemics, pandemic, lack of information of person who is not recruited in case on which rights and obligations the court makes the decision, etc.).
10. Explain to courts, according to the petition of person making the complaint (protest), the missed submission due date appeal of the writ of appeal (protest) it can be recovered by the judge of court of appeal, cassation instance if the petition is declared no later than three months from the date of the expiration of giving appeal, the writ of appeal (protest), and the reason of the omission of term are recognized as valid.
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