of July 11, 1996
About materials of generalization of court practice on disputes with participation of banks and on execution of decisions of economic courts by bank institutions
Presidium of the Supreme Economic Court of the Republic of Uzbekistan, having considered materials of generalization of court practice on disputes with participation of banks and execution of decisions of economic courts by bank institutions, prepared by judicial board according to the dispute resolution of the Supreme Economic Court,
1. The overview of practice of consideration of economic disputes with participation of banks and execution of decisions of economic courts by bank institutions to take into consideration.
2. Send the overview to economic court of the Republic of Karakalpakstan, economic courts of areas.
3. Judicial board according to the dispute resolution to prepare based on overview materials information on the violations allowed by bank institutions of the Republic of Uzbekistan, revealed during consideration of disputes with participation of banks.
For data and acceptance of necessary measures to send information to management of the Central bank and heads of republican commercial banks.
4. Introduce in the Ministry of Justice and the Central bank of the Republic of Uzbekistan the offer on holding joint zone seminars on the current legislation for employees of bank institutions.
Chairman of Presidium
Supreme Economic Court
Republic of Uzbekistan M. Abdusalamov
The judicial board according to the dispute resolution of the Supreme Economic Court generalizes practice of hearing of cases for 1995 and the first quarter 1996 by which one of the parties is the bank institution. For the specified period economic courts of the Republic of Uzbekistan considered 426 such cases.
Studying of legal cases showed that banks declared claims to the companies and the organizations, generally in connection with return of the amounts of the credits. In turn banks passed in quality of defendants because of improper execution of the contractual commitments. Besides, banks were made responsible for non-execution of judgments.
The analysis of the proceedings initiated in claims of banks confirms lack of necessary legal knowledge. In particular, heads of organizations of banks have no clear idea of form of business of bank and the consequences following from this that served as cause of failure in the claim or suit abatements. So, significant amount of claims is shown by departments of banks which are not legal entities and with respect thereto can sign contracts or address with claims clients or in courts with claims only for and on behalf of higher bank.
The case N284 on the claim of the Tashkent regional department of Uzpromstroybank considered by economic court of the Tashkent region to NPO Avtozapchast about recognition by his bankrupt can be example. Proceeedings are stopped since, according to the power of attorney, the Tashkent regional department has the right to presentation of the claim and the claim only on behalf of Uzpromstroybank. Actually the claim was directed on its own behalf. In case of appeal to the court the claimant provided photocopy of the claim declared allegedly on behalf of Uzpromstroybank that did not prove to be true by consideration of dispute. On the similar bases productions on cases are stopped: N126 in Nodir's claim - Begimsky department PSB to Amir Temur insurance company about collection of the amount of outstanding loan and percent on the credit agreement in the amount of 1884,5 of one thousand sum; N2747 in the claim of Akmal-Ikramovsky department PSB for recognition by the bankrupt of Akmal-Ikramovsky ORPK.
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