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of February 14, 2005 No. 10-0407/9217


The broker answers to the consignor for any omission which entailed loss, shortage or damage, the property of the consignor which is at it.

State of emergency "Makhmudova 3." appealed to economic court with the claim to Chilonzor savdo markazi LLC for collection of the amount of principal debt in the amount of 7 946 640 bags.

Requirements of the claimant are met by the judgment completely.

The decision is cancelled by the resolution of appellate instance. The new decision is made and satisfaction of claims it is refused completely.

Without having agreed with the resolution of appellate instance, the claimant addressed with the writ of appeal where he asks the decision of the first instance to uphold, having repealed the resolution of appellate instance.

Judicial board, having studied case papers, having discussed arguments of the writ of appeal, considers the claim proved and subject to satisfaction on the following bases.

As state of emergency "Makhmudova 3 is seen from case papers in the period of 2002-2003." delivered to the defendant to the commission goods for the total amount of 7946640 bags. Due to the non-execution by the defendant of the obligations in payment or return of the goods delivered to the commission, the claimant took a legal action with the requirement about collection of 7946640 bags constituting the amount of principal debt.

The requirement of the claimant is lawfully and reasonably satisfied with Trial Court.

The claimant, performing business activity in the procedure established by the law, transferred to the defendant to the commission the consumer goods imported from abroad. By their transfer the following document package was provided: the air waybills confirming commodity importation on the territory of the Republic of Uzbekistan, cargo customs declarations, certificates of conformity of goods to quality. By transfer of goods on the commission receipts were drawn up and the goods are registered in the komitentsky book of the defendant.

According to part 1 of Article 840 of the Civil code RUZ responsibility of the broker to the consignor for any omission which entailed loss, shortage or damage of the property of the consignor which is at it is established.

By the sentence of Chilanzarsky district court which took legal effect on criminal cases of March 26, 2004 it is determined that officials of Chilonzor savdo markazi LLC commit crimes, including, consisting in violation of requirements of rules of trade. However, neither during pretrial investigation, nor in case of legal proceedings of violations or any illegal actions from state of emergency "Makhmudova 3." it is not established.

According to Article 989 of the Civil code the legal entity compensates the harm done by his worker in case of execution of labor obligations. Follows from sense of Article 840 and Article 989 of the Civil code that the broker bears responsibility for any omission, including, for illegal actions of the workers which consequence loss of property by the consignor was.

The offenses made by the defendant's workers were the basis for confiscation and realization in the income of the state of goods for the total amount of 118081404 bags. The defendant shall bear responsibility for non-execution of obligations and damnification, at the same time Article 1001 of the Civil code establishes the defendant's right to the recourse requirement to persons whose actions do harm to the defendant.

In the resolution of appellate instance it is specified that goods of state of emergency "Makhmudova 3." it was confiscated and turned into the income of the state, therefore, the fault of the defendant in loss of goods is absent. However according to case papers by any document it is not proved that among the confiscated goods there were also goods belonging to the claimant. As the defendant's head confirmed, at the time of confiscation of goods the inventory was not constituted at all.

Under such circumstances the judicial board considers that the writ of appeal state of emergency "Makhmudova 3." it is necessary to satisfy, to repeal the resolution of appellate instance, and to uphold resolution of the Trial Court.


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