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ECONOMIC PROCEDURE CODE OF THE REPUBLIC OF TAJIKISTAN

of January 5, 2008

(as amended on 17-12-2020)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Justice implementation by economic courts
Article 2. Tasks of economic legal proceedings

Tasks of economic legal proceedings consist of the correct and timely consideration and permission of economic cases for the purpose of protection of the violated or disputed rights, freedoms and legitimate interests of physical (individual entrepreneurs) and legal entities, and also the rights and legitimate interests of the Republic of Tajikistan, public authorities, self-government institutions of settlements and villages, other persons which are subjects of civil, entrepreneurial, commercial, land, ecological and other legal relations. Economic legal proceedings shall promote strengthening of justice, legality and law and order, prevention of offenses, forming of respect for the law and court.

Article 3. Legislation of the Republic of Tajikistan on economic legal proceedings

The legislation of the Republic of Tajikistan on economic legal proceedings is based on the Constitution of the Republic of Tajikistan and consists of the constitutional Law of the Republic of Tajikistan "About courts of the Republic of Tajikistan", of this Code, the laws, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Article 4. Right to the appeal to economic court

1. The interested person has the right to appeal to economic court behind protection of the violated or disputed rights and legitimate interests according to the procedure, established by this Code.

2. In the cases provided by this Code and other laws other persons also have the right to appeal to economic court. The disclaimer on appeal to the court is invalid.

3. The appeal to economic court is performed in shape:

- the action for declaration - on the economic disputes and other cases arising from civil legal relationship;

- statements - on the cases arising from administrative and other public legal relationship on cases on bankruptcy, for special proceeding and in other cases provided by this Code;

- claims - in case of the appeal to cassation and supervising instances of the Supreme economic court of the Republic of Tajikistan;

- protest - in case of the address of the chairman of the Supreme economic court of the Republic of Tajikistan, the Attorney-General of the Republic of Tajikistan about review of court resolutions according to the procedure of supervision.

4. If for certain category of disputes claim or other pre-judicial procedure for settlement is established by the law, or it is provided by the agreement, the dispute is transferred to permission of economic court after observance of such procedure.

Article 5. Independence of judges of economic courts

1. When implementing justice of the judge of economic courts are independent, submit only to the Constitution of the Republic of Tajikistan and current laws.

2. Any impact on judges of economic courts, intervention in their activities of state bodies and other bodies, the organizations, officials or citizens are prohibited and involve the responsibility established by the law.

3. Guarantees of independence of judges of economic courts are established by the Constitution of the Republic of Tajikistan and the laws.

Article 6. Legality by hearing of cases by economic court

Legality by hearing of cases by economic court is provided with the correct application of the laws and other regulatory legal acts, and also observance by all judges of economic courts of the rules established by the legislation on legal proceedings in economic courts.

Article 7. Equality of all before the law and court

1. Justice in economic courts is performed on the basis of equality of all before the law and court, irrespective of nationality, floor, race, language, origin, property and official capacity, the residence, the relation to religion, beliefs, belonging to public associations (organizations) and other circumstances, equality of all organizations before the law and court, irrespective of form of business, pattern of ownership, subordination, the location and other circumstances.

2. The economic court provides equal judicial protection of the rights and legitimate interests of all persons participating in case.

Article 8. Equality of participants

1. Legal proceedings in economic court are performed on the basis of equality of participants.

2. The parties have the equal rights to the statement of branches and petitions, production of evidence, participation in their research, performance in judicial debate, representation to economic court of the arguments and explanations, implementation of other procedural law and obligations provided by this Code.

3. The economic court has no right to put the actions any of the parties in position of priority, as well as to diminish the rights of one of the parties.

Article 9. Competitiveness

1. Legal proceedings in economic court are performed on the basis of competitiveness.

2. Persons participating in case, the having the right nobility about each other arguments prior to legal proceedings. To each person participating in case the right of production of evidence is guaranteed to economic court and other party litigant, the right of the statement of the petition, statement of the arguments and reason is provided, to offer explanations on all questions arising during consideration of the case connected with production of evidence. Persons participating in case bear risk of approach of effects of making or non-execution of legal proceedings by them.

3. Economic court, keeping independence, objectivity and impartiality, performs management of process, explains to persons participating in case, their rights and obligation, warns about effects of making or non-execution of legal proceedings by them, renders assistance in realization of their rights, creates conditions for comprehensive and complete investigation of proofs, establishments of the actual circumstances and the correct application of the laws and other regulatory legal acts when considering the case.

Article 10. Spontaneity of legal proceedings

1. The economic court in case of trial of case shall research directly all proofs on case.

2. Proofs which were not object of research in judicial session cannot be by economic court the basis for the adopted court resolution.

Article 11. Publicity of legal proceedings

1. Trial of cases in economic courts open.

2. Trial of case in the closed judicial session is allowed in cases if open trial of case can lead to disclosure of the state secret, in other cases provided by the law and also in case of satisfaction of the petition of the person participating in case and referring to need of preserving the data containing official, trade secret or other secrets protected by the law.

3. About trial of case in the closed judicial session determination is taken out.

4. When considering the case persons participating in case their representatives participate in the closed judicial session, and if necessary according to the relevant decision of court also witnesses, translators, court experts and specialists participate.

5. Trial of case in the closed judicial session is performed with observance of rules of practice in economic courts.

6. Court resolutions economic court appear publicly.

Article 12. Legal proceedings language

1. Legal proceedings in economic court are conducted in state language of the Republic of Tajikistan or in language of the majority of the population.

2. The right of complete acquaintance with case papers, participations in judicial actions through the translator and the right to appear in court in the native language is provided to the persons participating in case not knowing state language.

3. The legal entities and physical persons which produced written and other proofs shall provide their transfer into legal proceedings language with the certificate of correctness of their transfer in the established legislative procedure.

Article 13. The regulatory legal acts applied by hearing of cases

1. Economic courts consider cases based on the Constitution of the Republic of Tajikistan, the constitutional laws, the laws, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Economic courts in the cases provided by the law apply business customs.

2. Economic court, having established when considering the case discrepancy of the act of state body, municipal authority to the legislation or its edition with abuse of authority, makes the decision according to the Constitution and the laws of the Republic of Tajikistan.

3. If by consideration of specific case the economic court comes to conclusion about discrepancy of the law applied or which is subject to application in case in point, the Constitution of the Republic of Tajikistan the economic court appeals to the Constitutional court of the Republic of Tajikistan with request about check of constitutionality of this law.

4. The economic court according to the international legal acts recognized by Tajikistan, the law, the agreement of the parties signed according to them applies regulations of foreign law.

5. In cases if the disputable relations are directly not settled by the law and other regulatory legal acts or the agreement of the parties and there is no business custom, applicable to them, to such relations if it does not contradict their being, economic courts apply the rules of law governing the similar relations (analogy of the law), and in the absence of such regulations consider cases, proceeding from the general beginnings and sense of the laws and other regulatory legal acts (analogy is right).

Article 14. Application of regulations of foreign law

1. In case of application of regulations of foreign law the economic court establishes content of these regulations according to their official interpretation, practice of application and the doctrine in the corresponding foreign state.

2. For the purpose of establishment of content of regulations of foreign law the economic court can address in accordance with the established procedure for assistance and explanation in competent authorities or the organizations of the Republic of Tajikistan and abroad, or to involve experts (specialists).

3. Persons participating in case can submit the documents confirming content of regulations of foreign law to which they refer in reasons for the requirements or objections and to otherwise assist court in establishment of content of these regulations.

4. According to the requirements connected with implementation of business and other economic activity by the parties, the obligation of proof of content of regulations of foreign law can be assigned by court to the parties.

Article 15. Court resolutions of economic court

1. The economic court adopts court resolutions in shape, the order, the decision, the resolution and determination.

2. The court resolution which is taken out by Trial Court according to the statement for collection of sums of money or reclamation of personal estate from the debtor according to requirements, stipulated in Article 123(2) of this Code hereinafter is referred to as as the order.

3. The court resolution, accepted by economic Trial Courts in case of substantive prosecution, hereinafter is referred to as as the decision.

4. The supreme economic court of the Republic of Tajikistan in cassation instance by results of consideration of the writ of appeal, and also by results of review of court resolutions according to the procedure of supervision accepts the resolution.

5. All other court resolutions of economic court adopted during legal proceedings implementation hereinafter are referred to as as determinations.

6. The orders accepted by economic court, decisions, resolutions, determinations shall be legal, reasonable and motivated.

Article 16. Obligation of court resolutions

1. The court resolutions of economic court which took legal effect are obligatory for all public authorities, other bodies, the organizations, officials and citizens and are subject to execution in all territory of the Republic of Tajikistan.

2. Requirements of economic court about production of evidence, the data and other materials, giving explanations, explanations, the conclusions and other requirements connected with case in point are also obligatory and are subject to execution by bodies, organizations and persons to whom they are addressed.

3. Non-execution of court resolutions, and also failure to meet requirements of economic courts involves the responsibility established by this Code and other laws.

4. Recognition and obligation of execution in the territory of the Republic of Tajikistan of the court resolutions adopted by foreign vessels, foreign arbitral decisions (reference tribunals) are determined by the laws of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.

Chapter 2. Structure of economic court

Article 17. Individual and joint hearing of cases

1. Cases in the first instance of economic court, except for cases on bankruptcy, are considered by the judge solely. The judge considering case solely acts on behalf of economic court.

2. Cases on bankruptcy are considered in the first instance of economic court in joint procedure as a part of three judges. In case of joint consideration of the case on the first instance one of judges presides in judicial session.

3. Cases in judicial board of cassation and supervising instance of the Supreme economic court of the Republic of Tajikistan are considered jointly as a part of three judges. Cases according to the procedure of supervision are considered in the presence of at least two thirds of members of Presidium of the Supreme economic court of the Republic of Tajikistan.

4. All judges by hearing of cases have the equal rights.

Article 18. Forming of structure of court

1. The structure of court for hearing of cases about bankruptcy is created by the chairman of the relevant economic court.

2. Case which consideration is begun by one judge or structure of court shall be considered by the same judge or structure of court. Replacement of the judge or one of judges perhaps in case:

- declared and satisfied according to the procedure, established by this Code, rejection or removal of the judge;

- long absence of the judge in view of disease, leave, stay on study.

3. After replacement of the judge consideration of the case is started anew.

Article 19. Procedure for permission of questions economic court in joint structure

1. The questions arising when considering the case by economic court in joint structure are permitted by judges by a majority vote.

2. None of judges have no right to refrain from vote. The judge - the chairman in meeting, votes the last.

3. The judge not concordant with opinion of the majority shall sign court resolution and has the right to state in writing special opinion which is filed, but is not disclosed.

Chapter 3. Branches

Article 20. Removal of the judge

1. The judge cannot be involved in consideration of the case and is subject to branch if it:

- by the previous consideration of this case participated in it as the judge if repeated participation when considering the case according to requirements of this Code is inadmissible;

- by the previous consideration of this case participated in it as the prosecutor, the court session secretary, the representative, the expert, the translator or the witness;

- is relative of person participating in case or his representative;

- personally, it is directly or indirectly interested in the outcome of the case or there are other circumstances which can raise doubts in his impartiality;

- is or earlier was in job or other dependency from the face, participating in case, or his representative;

- made public statements or gave assessment on the substance of case in point.

2. Persons who are relatives cannot enter into structure of the economic court considering case.

Article 21. Inadmissibility of repeated participation of the judge in consideration of the case

1. The judge who was involved in consideration of the case in economic Trial Court cannot participate in consideration of this case in courts of cassation instance, and also according to the procedure of supervision.

2. The judge who was involved in consideration of the case in economic court of cassation instance cannot participate in consideration of this case in vessels of the first of instances, and also according to the procedure of supervision.

3. The judge who was involved in consideration of the case according to the procedure of supervision in Presidium of the Supreme economic court of the Republic of Tajikistan cannot participate in consideration of this case in courts of the first and cassation instances.

Article 22. Removal of the court session secretary, expert, translator

1. The court session secretary, the expert, the translator cannot be involved in consideration of the case and are subject to branch on the bases, stipulated in Article the 20th of this Code.

2. The basis for removal of the expert is also carrying out audit or check which materials became reason for the appeal to economic court by it or are used when considering the case.

3. Participation of the court session secretary, expert, translator in the previous consideration of this case by economic court respectively as, respectively, court session secretary, the expert, the translator is not the basis for their branch.

Article 23. Statement for rejections and for branches

1. In the presence of the bases specified in Articles 20-22 of this Code, the judge, the court clerk, the expert, the translator shall declare rejection. On the same bases branch can be declared by persons participating in case. Branch to the court session secretary, the expert, the translator can be considered also at the initiative of the judge (court).

2. Rejection or branch shall be motivated and declared prior to substantive prosecution.

3. During consideration of the case the statement for rejection or for branch is allowed only if the basis of rejection or branch became known to person declaring rejection or branch after the beginning of substantive prosecution.

Article 24. Procedure for permission of the declared branch

1. In case of the statement of branch, the economic court hears opinion of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.

2. The question of removal of the judge considering case solely is allowed by the chairman of the relevant economic court or its deputy.

3. The question of removal of the judge when considering the case in joint structure is resolved by the same structure of court by a majority vote in absence of the judge to which branch is declared. In case of equal poll, given for branch and against branch, the judge is considered taken away.

4. The question of the branch declared to several judges or all structure of court considering case is allowed by the chairman of the relevant economic court, or his deputy.

5. The question of removal of the court session secretary, the expert, translator is allowed by the economic court considering case.

6. By results of consideration of question of rejection or about branch determination is taken out.

Article 25. Effects of allowance of the application about branch

1. The judge who declared rejection and also the judge concerning whom the application for branch is granted is replaced with other judge.

2. In case of allowance of the application about rejection or about removal of the judge, either several judges, or all structure of court case is considered in the same economic court by other judge or in other list of judges.

3. If as a result of satisfaction of rejections and branches it is impossible to create new structure of court for consideration of this case in the same economic court, the case is submitted to other economic court of the same level according to the procedure, stipulated in Clause the 38th of this Code.

Chapter 4. Competence of economic courts

1. Jurisdiction

Article 26. Jurisdiction of cases to economic court

1. Cases on economic disputes and the another matters connected with implementation of business and other economic activity are subordinated to economic courts.

2. Economic courts consider and resolve cases on economic disputes and another matters with participation of legal entities and individual entrepreneurs, and also in the cases provided by this Code and other laws with participation of the Republic of Tajikistan, state bodies, other bodies, officials, the educations which do not have the status of the legal entity and the citizens who do not have the status of the individual entrepreneur (further - citizens and the organizations).

3. Other cases also can be referred to jurisdiction of economic courts by the law.

4. The statement adopted by economic court to the production with observance of rules of jurisdiction shall be considered by it in essence regardless of the fact that further in case the citizen who does not have the status of the individual entrepreneur as the third party who is not declaring independent requirements concerning matter in issue will be recruited.

5. Economic courts consider cases subordinated to them with participation of the organizations, citizens of the Republic of Tajikistan, and also the foreign organizations, international organizations, foreign citizens, the stateless persons performing business activity, the organizations with foreign investments if other is not provided by the international legal acts recognized by Tajikistan.

Article 27. Jurisdiction of the economic disputes and other cases arising from civil legal relationship

Economic courts consider according to the procedure of claim production economic disputes and another matters which arise from civil legal relationship, connected with implementation of business and other economic activity by legal entities and individual entrepreneurs, and in the cases provided by this Code and other laws, other organizations and citizens.

Article 28. Jurisdiction of the economic disputes and another matters arising from administrative and other public legal relationship

Economic courts consider the economic disputes and other cases connected with implementation by the organizations and citizens of business and other economic activity arising from administrative and other public legal relationship:

- about contest of substandard legal acts of state bodies of the Republic of Tajikistan, decisions and actions (failure to act) of the state bodies, other bodies and officials, and also the contractor of executive body affecting the rights and legitimate interests of the applicant in the field of business and other economic activity;

- about collection from citizens and the organizations performing business and other economic activity, obligatory payments, sanctions if the law does not provide other procedure for their collection;

- about return from the cash budget, written off by the bodies performing control functions in indisputable procedure (without acceptance) with violation of the requirement of the law or other regulatory legal act;

- the another matters arising from administrative and other public legal relationship if their consideration is referred by the law to competence of economic court.

Article 29. Jurisdiction of cases on establishment of the facts having legal value

Economic courts consider according to the procedure of special proceeding cases on establishment of the facts having legal value for origin, change and the termination of the rights of citizens and the organizations in the field of business and other economic activity.

Article 30. Jurisdiction of cases on contest of decisions of reference tribunal and about issue of writs of execution on forced execution of decisions of reference tribunal

Economic courts consider according to Chapter 27 of this Code of case:

- about contest of decisions of reference tribunal on the disputes arising when implementing business and other economic activity;

- about issue of writs of execution on forced execution of decisions of reference tribunal on the disputes arising when implementing business and other economic activity.

Article 31. Jurisdiction to economic courts of cases on recognition and carrying out of foreign judgements and foreign arbitration (international commercial  arbitration  and  reference tribunals)

Economic courts consider according to Chapter 28 of this Code of case on recognition and carrying out of foreign judgements and foreign arbitration (the international commercial  arbitration  and  reference tribunals) on the disputes arising when implementing business and other economic activity.

Article 32. Special jurisdiction of cases to economic courts

1. Economic courts consider cases:

- about bankruptcy;

- on disputes on creation, reorganization and liquidation of the commercial organizations, and also consumer cooperatives and public funds;

- on disputes on refusal in state registration, evasion of state registration of individual entrepreneurs and legal entities;

- on disputes between the shareholder and the joint-stock company, participants of other economic partnerships and societies following from activities of economic partnerships and societies;

- about protection of honor, advantage and goodwill in the field of business and other economic activity;

- the another matters arising when implementing business and other economic activity in the cases provided by the law.

2. The cases specified regarding 1 this Article are considered by economic court irrespective of whether legal entities, individual entrepreneurs or other citizens and the organizations by participants of legal relationship from which there was dispute or the requirement are.

2. Cognizance

Article 33. Cognizance of cases to economic courts

1. The cases subordinated to economic courts are considered in the first instance by economic courts of the Gorno-Badakhshan Autonomous Region, areas and the city of Dushanbe, except for the cases referred to cognizance of the Supreme economic court of the Republic of Tajikistan.

2. The supreme economic court of the Republic of Tajikistan considers as Trial Court:

- cases, about contest of the substandard legal acts of the Government of the Republic of Tajikistan which are not corresponding to the law and affecting the rights and legitimate interests of the applicant in the field of business and other economic activity;

- disputes between the organizations located in the territory of areas and cities of republican subordination and for the claims declared to them;

- in case of repeated cancellation of judgments on specific case, accepts this case in the production and considers as Trial Court;

- other cases provided by the law.

Article 34. Presentation of the action for declaration in the location or the residence of the defendant

The action for declaration is shown in economic court of the Republic of Tajikistan in the location or the residence of the defendant.

Article 35. Cognizance at the choice of the claimant

1. The claim to the defendant, the location or the residence of which is unknown, can be shown in economic court in the location of its property, or in its last, known location or the residence in the Republic of Tajikistan.

2. The claim to the defendants who are or living on different administrative and territorial units of the republic is shown in economic court in the location or the residence of one of defendants.

3. The claim to the defendant who is or living in the territory of other state can be shown in economic court in the location of its property in the territory of the Republic of Tajikistan.

4. The claim following from the agreement in which the place of its execution is specified can be shown also in economic court in the place of agreement performance.

5. The claim to the legal entity following from the activities of its branch, representation located out of the location of the legal entity can be shown in economic court in the location of the legal entity or his branch, representation.

6. In case of jurisdiction of the case to several economic courts, the option of court belongs to the claimant.

Article 36. Contractual cognizance

The cognizance established by Articles 34 and 35 of this Code can be changed by agreement of the parties before adoption of the statement by economic court to the production.

Article 37. Exclusive cognizance

1. Claims for the rights to real estate are made in economic court in the location of this property.

2. Claims for the rights to aircrafts, inland navigation vessels, space objects are shown in economic court in the place of their state registration.

3. The claim to carrier following from the transportation agreement of loads, passengers and their baggage including if the carrier is one of defendants, is shown in economic court in the location of carrier.

4. The application for recognition of the debtor by the bankrupt is submitted to economic court in the location of the debtor.

5. The statement for establishment of the facts having legal value moves in economic court in the location or the residence of the applicant, except for statements for establishment of the facts having legal value for origin, change or the termination of the rights to real estate which is filed a lawsuit in the location of real estate.

6. The counter action, irrespective of its cognizance, is shown in economic court in the place of consideration of the original action.

Article 38. Case referral from one economic court in other economic court

1. The case accepted by economic court to the production with observance of rules of cognizance shall be considered by it in essence though can become further it became cognizable to other economic court.

2. The economic court submits case of other economic court of the same level if:

- the defendant, the location, or the residence of which was not known earlier, will declare the petition for case referral in economic court in the place of its stay or the residence;

- both parties declared the petition for consideration of the case on the location of the majority of proofs;

- when considering the case in court it became clear that it was accepted to production with cognizance abuse of regulations;

- one of the parties in dispute is the same economic court;

- after removal of one or several judges, or for other reasons it is impossible to create structure of court for consideration of this case.

3. About case referral determination is submitted for consideration of other economic court. Case with determination goes to the relevant economic court in five-day time from the date of determination removal.

4. The case directed from one economic court to other economic court shall be taken cognizance by court to which it is directed. Disputes on cognizance between economic courts in the Republic of Tajikistan are not allowed.

Chapter 5. Persons participating in case and other participants of economic legal procedure

Article 39. The list of persons participating in case

Persons participating in case are:

- parties;

- applicants and interested persons - for special proceeding, on cases on bankruptcy and in other cases provided by this Code;

- third parties;

- the prosecutor, state bodies, and other bodies which appealed to economic court in the cases provided by this Code.

Article 40. The rights and obligations of persons participating in case

1. Persons participating in case have the right to get acquainted with case papers, to do statements of them, to make copies; declare branches; produce the evidence and get acquainted with the evidence produced by other persons participating in case prior to legal proceedings; participate in research of proofs; ask questions to other participants of economic legal proceedings, declare petitions, make statements, offer explanations for economic court, give the arguments on all questions arising during consideration of the case; get acquainted with the petitions declared by other persons, object to petitions, arguments of other persons participating in case; know about the complaints made by other persons participating in case know about the court resolutions adopted on this case and to receive copies of the court resolutions adopted in the form of the separate document; appeal court resolutions; have other procedural law granted to them by this Code and other laws.

2. Persons participating in case shall have honesty all procedural law belonging to them.

3. Abuse of procedural law of persons participating in case involves the responsibility provided by this Code for these persons.

4. Persons participating in case perform the procedural duties provided by this Code and other laws or assigned to them by economic court according to this Code.

5. Non-execution of procedural obligations by persons participating in case involves the responsibility provided by this Code for these persons.

Article 41. The rights of persons who were not participating in case about which rights and about obligations the economic court adopted court resolution

Persons who were not participating in case about whose rights and about obligations the economic court adopted court resolution had the right to appeal this court resolution, and also to dispute it according to the procedure of supervision by the rules established by this Code. Such persons have the rights and perform duties of persons participating in case.

Article 42. Standing in court and procedural capacity to act

1. Capability have procedural law and perform procedural duties (standing in court) is recognized equally for all citizens and the organizations having according to the law rights to judicial protection in economic court of the rights and legitimate interests.

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