RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of November 2, 2005 No. 11-0505/3877

(extraction)

The decision of hokim made with violation of the law is nullified by court.

The Tashkent city Korean society "B" appealed to economic court with the claim to khokimiyat Yu. the district of the Tashkent region and to the Korean funeral society "B" about recognition invalid solutions of hokim Yu. the area of July 20, 2000 and of November 13, 2000.

Claims are satisfied by the judgment completely.

In appellate instance case was not considered.

Without having agreed with the decision, the Korean funeral society "B" appealed to the Supreme Economic Court with the writ of appeal, and the deputy prosecutor of the region - with the prosecutor's appeal where ask to cancel the decision and to send case for new trial.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal and protest, considers the claim and protest unreasonable on the following bases.

As it is seen from case papers, the solution of hokim Yu. the area of July 20, 2000 the non-state non-profit organization the Korean funeral society "B" is registered. According to the reference of August 10, 2000 issued BEND Yu. the area, society is registered in department of public organizations.

Solution of hokim Yu. the area of November 13, 2000 the earth which is earlier assigned to the claimant is transferred to the Korean funeral society "Bektemir".

The claimant, considering that the above-named solutions of hokim contradict the current legislation, took a legal action with the claim for recognition by their invalid.

The Trial Court reasonably also legally meets the requirement of the claimant.

According to article 21 of the Law RUZ "About Non-state Non-profit Organizations" state registration of non-state non-profit organization is performed by judicial authorities.

Solution of hokim Yu. the area about registration of the Korean funeral society "B" it is accepted with violation of the law, therefore, it is legally nullified by court.

Recognition invalid decisions on registration, as a result, involves recognition invalid decisions on allocation of the earth to the Korean funeral society "B" which was assigned to the claimant earlier.

Representative of hokimiat Yu. the area, participating on court session of cassation instance, without disputing resolution of the Trial Court, recognized that solutions of hokim contradict the current legislation.

The statement of defense of the Korean funeral society "B" about demands in reconvention to the claimant cannot be taken by court into account as society has the right to take a legal action with the independent claim to the Tashkent city Korean society "B".

The arguments stated in the writ of appeal and protest about consideration of the case without participation of the defendant were not confirmed, besides, the representative of hokimiat Yu. the area confirmed that the judgment is lawful.

Under such circumstances, the resolution of the Trial Court about satisfaction of claims is lawful, and the writ of appeal and protest are subject to leaving without satisfaction, the decision - without change.

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