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

of April 16, 1993 No. 13

About application of the legislation by consideration by courts of cases on release of property from arrest (exception of the inventory)

Consideration by courts of claims for release of property from arrest (exception of the inventory) is important guarantee of protection of interests of citizens and the states, property rights of the companies, organizations, the organizations.

Courts, generally correctly, according to the current legislation resolve cases of this category.

At the same time cases when courts it is incomplete take place research proofs, without the bases, sufficient to that, refuse claims for protection of the rights to the property constituting common joint property of spouses or members of personal subsidiary farm of citizens. There are facts of unreasonable release of property of the debtor from arrest that leads to violation of the rights of claimants, has an adverse effect on compensation of the damage caused by crimes and other offenses reduces efficiency of application of such measure of punishment as confiscation of property.

Courts not always react to the violations allowed in case of property attachment. In some cases persons which spent the property transferred to them to storage are not made responsible.

For the purpose of elimination of noted shortcomings and ensuring the correct application of the legislation in case of permission by courts of the specified cases the Plenum of the Supreme Court of the Republic of Uzbekistan DECIDES:

1. Draw the attention of courts that put about release of property from arrest (exception of the inventory), are subject to consideration by rules of claim production irrespective of whether it is seized according to the procedure of application of measures of providing the claim, the address of claim to property of the debtor for ensuring execution of the decision or the court verdict, or the inventory by the notary as measure of protection of heritable property and in others, the cases provided by the law is made.

Instruction in sentence about confiscation of specific property as crime instruments, is not obstacle for consideration according to the procedure of civil legal proceedings of dispute on accessory of this property to other persons and about release it from arrest.

Realization of property in pursuance of the decision or the court verdict, is also not the basis for refusal in adoption of the action for declaration about releases it from arrest (exception of the inventory).

As the action for declaration about release of property from arrest (exception of the inventory), is the statement of non-property nature, in case of submission of such action for declaration the state fee in the amount of double minimum wage, and also postage expenses is paid.

2. Based on Article 35 of the Code of civil procedure of the Republic of Uzbekistan (further - GPK) claims for release of property from arrest are jurisdictional to courts in the location of property. Having determined that the arisen dispute more quickly will also be comprehensively resolved in other court, in particular in the location of the majority of proofs, court the determination having the right to take out according to part two of article of 31 GPK about case referral for consideration of this court.

3. Courts should mean that the debtor (convict) has no right to take a legal action with the claim for release of property from arrest.

The questions arising at the debtor (convict) connected with property attachment in pursuance of sentence are permitted by the court which decided sentence, according to the procedure, established by Articles 541 and 542 of the Code of penal procedure of the Republic of Uzbekistan.

4. The court has no right to refuse adoption of the action for declaration about release of property from arrest if case in connection with which it is seized property is not authorized. Having recognized impossible to consider such claim to permission of another matter, court owing to item 4 of Article 116 GPK of the Republic of Uzbekistan stop proceeedings about release of property from arrest.

5. The claim for release of property from arrest can be made by the owner, and also person owning by law or agreements the property which is not belonging to the debtor.

Claims in protection of valuable interests of minor children of the debtor (convict) can be made by other parent or the guardian (custodian) or the prosecutor.

Specify to courts that in such claims shall be involved in cases in quality of the defendant the debtor whose property is described, legal entities and physical persons in whose interests the property, and also the condemned person and the representative of the relevant financial department is described if the property is described as the crime instrument.

If the debtor (convict) is in places of detention, the judge by preparation of case for legal proceedings shall inform him on day of hearing of the case, direct the copy of the action for declaration and find out his opinion in the made claim.

6. The claim for release from arrest of the unfinished house can be made by the debtor's spouse who was taking part in its construction, members of the family of the builder and other persons, together with it building the house for the purpose of creation of common property.

7. On disputes on release from the seizure of property which is pledge subject by preparation of case for legal proceedings or during consideration of the case it is necessary to resolve question of attraction to participation in the case of the pawnbroker as the third party.

As the third parties can be attracted: the trade organizations which sold the property included in the inventory on credit; the companies, the organizations, the state and collective farms which built houses on the public funds received on credit, and which sold these houses to workers (members of economy) on favorable terms; other interested organizations.

8. Having adopted the statement for release of property from arrest to production, the judge for the purpose of providing the claim (the item 4 parts one of the Art. 106 GPK), shall take out determination about suspension of executive actions concerning disputable property which copy is subject to the direction in territorial department of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan.

Presentation of the claim for release of property from arrest does not interfere with the address of collection on the salary and other income types of the debtor.

9. The copy of the act of arrest (inventory) of property, the copy of sentence, the decision, other court resolution in pursuance of which it is seized, and other documents declared by the claimant confirmatory requirements shall be enclosed to the action for declaration on the specified cases (gift agreements, purchase and sale, wills, checks, accounts, etc.).

Without being limited to the evidence produced by the parties the judge by preparation of case for legal proceedings or during consideration of the case shall render according to the Art. 72 GPK assistance in collecting of proofs. In necessary cases the court can request criminal case and estimate the proofs which are in it relating to the made claim for release of property from arrest.

Estimating in total collected in the matter of the proof, the court shall be guided strictly by requirements of the Art. 74 GPK, meaning that accessory of separate types of property can be confirmed only with certain evidentiary facts. In the absence of such proofs the claim is not subject to satisfaction.

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