of November 1, 2007 No. PP-722
About measures for further enhancement of system of execution of judgments, material and financial provision of Judicial department under the Ministry of Justice of the Republic of Uzbekistan
During the undertaken judicial and legal reform special attention is paid to creation of efficient organization-legal mechanisms on enhancement of activities and increase in responsibility of legal executives, and also the Department under the Ministry of Justice of the Republic of Uzbekistan (further - Judicial department) designed to provide unconditional implementation of the made judgments.
In pursuance of the Resolution of the President of the Republic of Uzbekistan No. PP-458 of August 31, 2006 "About measures for further enhancement of activities of Department for execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan" accepts number of specific measures for organizational and structural transformation of system of judicial execution.
The organizational structure of Judicial department is reviewed, in its structure specialized departments of collection types are created: on execution of decisions of economic courts; courts of law; tax, customs and other authorities. Are created inspection of own safety, the department of statistics and the analysis, corresponding changes are made to structure of territorial subdivisions.
Measures for forming of reserve of personnel are taken, the competitive procedure for candidate screen to positions of legal executives is entered.
In Training center of lawyers under the Ministry of Justice rates of preparation and retraining of legal executives are organized. For the purpose of training of specialists in the field the obligatory discipline "Enforcement proceeding" is entered into training programs of the highest educational legal institutions.
For the purpose of ensuring transparency, the prevention of abuses the new procedure for realization of the arrested automotor-vehicles and real estate at the exchanges through open biddings, the mechanism of competitive selection of the appraisers and trade organizations enabling the realization of the specified property is entered.
However, despite the taken measures, activities of the Ministry of Justice and Judicial department in due measure do not conform to the established requirements for timely and complete execution of judgments, severe violations in the organization of work take place, there is no due control of performing discipline, matching and placement of personnel, necessary assessment is not given to the facts of corruption and racketing.
As a result the total quantity of the enforcement proceedings which are in remaining balance following the results of 9 months of this year constituted more than 246 thousand (% 19,4) for the amount of 228,1 of one billion bags performed with violation of terms - 238,4 of one thousand or 24,6 of %.
Process of creation of the single information and computer network intended for the organization and maintaining the database on executive documents that affects efficiency of accounting and control in this sphere is dragged out.
The indicator of voluntary execution, in view of lack of efficient legal mechanisms of attraction to financial responsibility of the debtors evading from voluntary execution of judgments continues to remain extremely low.
Unsatisfactory is material logistics of departments of legal executives. Office buildings of 143 or 67 percent of divisions of Judicial department need capital and running repair, and 16 or 7,5 percent of territorial subdivisions are placed in rented rooms. All this negatively influences efficiency of forced execution of judgments.
For the purpose of creation of the efficient organization-legal mechanisms providing unconditional execution of judgments, enhancement and increase in efficiency of activities of legal executives, and also strengthenings of material and technical resources of Judicial department:
1. Recognize work of the Ministry of Justice of the Republic of Uzbekistan on accomplishment of the tasks determined by the Resolution of the President of the Republic of Uzbekistan No. PP-458 of August 31, 2006 "About measures for further enhancement of activities of Department for execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan", unsatisfactory.
2. To the Ministry of Justice of the Republic of Uzbekistan:
together with the Supreme Court, the Supreme Economic Court, the Prosecutor General's Office and other ministries and departments critically to analyze law-enforcement practice in the field of forced execution and in two-month time to introduce in accordance with the established procedure in Oliy Majlis of the Republic of Uzbekistan the draft of the legal act on further enhancement of mechanisms of forced execution, and also strengthening of responsibility for evasion and hindrance to execution of judgments;
create as a part of Judicial department organizational and control and analytical management with assignment of tasks on it on strengthening of performing discipline and implementation of systems analysis and control of the effective organization of activities of structural divisions;
develop and realize package of measures, directed to radical improvement of organizational and personnel work, strengthening of legality and discipline, strengthening of scheduled maintenance among employees of Judicial department.
3. Enter since December 1, 2007 performing collection for making by the state contractors of actions for forced execution of court resolutions and acts of other bodies.
Determine that performing collection is collected from the debtor after the expiration of voluntary execution in the following sizes:
according to executive documents of property nature - in the amount of 5 percent from the levied amount - in case of not exceeding of the amount of collection of 1 000 basic settlement sizes, in the amount of 2 percent from the levied amount - in case of exceeding of the amount of collection of 1 000 basic settlement sizes;
according to executive documents of non-property nature - from physical person in 5-fold, and from the legal entity in 10-fold basic settlement size.
4. Determine that performing collection is not collected:
according to the executive documents providing money recovery or other property from state-financed organizations;
according to executive documents on collection of periodical payments, including on cases on collection of the alimony, indemnification, caused by mutilation or other damage of health, the death of the supporter.
5. Ceased to be valid according to the Presidential decree of the Republic of Uzbekistan of 24.11.2020 No. UP-6118
Regulations on procedure for collection and use of performing collection according to appendix No. 1;
The program of actions for strengthening of material and technical resources of Judicial department for 2007-2010 according to appendix No. 2;
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