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

of March 25, 2024 No. 10

About some questions of consideration by courts of economic cases in appeal, cassation procedure

Due to the changes and additions made to the Economic Procedure Code of the Republic of Uzbekistan and also for the purpose of ensuring uniform and correct use of the provisions of the law, based on article 22 of the Law of the Republic of Uzbekistan "About courts" the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that review of economic case in appeal and cassation procedure is one of the important legal institutions providing to participants of legal procedure the right to check of legality and justification of court resolution.

2. According to Articles 50, of 259, 282 Economic Procedure Codes of the Republic of Uzbekistan (further - EPK) production in court of appeal, cassation instance is performed:

according to the claim of persons participating in case;

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 economic disputes between subjects of entrepreneurship, and also the disputes which are not connected with business activity;

according to the claim of state bodies and other persons for the purpose of protection of the rights and the interests of citizens and legal entities protected by the law in cases, stipulated by the legislation;

on protest of the prosecutor, higher prosecutor - only on the cases considered with participation of the prosecutor and also in cases of the address of persons participating in case and persons who are not recruited in case on whose rights and obligations the court made the decision.

The Chamber of Commerce and Industry of Uzbekistan and its territorial authorities can also address with appeal, the writ of appeal for the benefit of members of chamber.

3. Explain to courts that according to part one of article 50 EPK state bodies and other persons (for example, Councils of farmer, Dehkan farms and owners of garden plots, etc.) can appeal court resolution in appeal, cassation procedure only if the claim (statement) was made by them, except for the Comissioner for the President of the Republic of Uzbekistan on protection of the rights and legitimate interests of subjects of entrepreneurship and Chamber of Commerce and Industry of Uzbekistan.

As in sense of part one of the article 50 EPK Chamber of Commerce and Industry of Uzbekistan and its territorial authorities which made the claim for the benefit of the members have all rights and perform the claimant's duties, courts should pay attention to inadmissibility of giving by them appeal, the writ of appeal for the benefit of the defendant in dispute over the claim submitted Chamber of Commerce and Industry of Uzbekistan or its territorial authorities. Such claim is subject to refusal in acceptance according to Item of 1 part one of article 268 EPK and Item of 1 part one of article 291 EPK.

4. The court which made the decision shall send appeal, the writ of appeal (protest) together with case to court of appeal, cassation instance within five days from the date of its receipt.

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