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

of March 1, 1996 No. 53

About some questions of practice of application by economic courts of the republic of the legislation by consideration of disputes over privatization and privatization

According to Art. 53 of the Constitution of the Republic of Uzbekistan, the basis of the economy of Uzbekistan aimed at the development of the market relations constitutes property in its different forms. The state guarantees freedom of economic activity, entrepreneurship and work taking into account priority of the rights of the consumer, equality and legal protection of all patterns of ownership.

According to the Law of the Republic of Uzbekistan adopted on November 19, 1991, "About privatization and privatization" privatization and privatization are performed in different forms.

The analysis of dynamics of process of privatization shows that objects of trade, public catering, local industry, consumer services, free premises of the companies and organizations are generally privatized and leased with the subsequent redemption.

However this work is not always carried out rather accurately and in full accordance with spirit and letter of the law.

When implementing privatization and privatization by land management services the question of interrelation of immovable object of privatization with the parcel of land on which there are buildings, constructions with the adjacent site of infrastructure of the territory is not coordinated.

Somewhere else there are trade monopolization attempts, obstacles for development of small business are created; in certain regions the Presidential decree of the Republic of Uzbekistan of January 5, 1995 "About initiation and stimulation of private entrepreneurship" is not carried out properly.

Cases of violation of Provisional regulations "About procedure for giving and consideration of the request for privatization and privatization of state-owned property of the Republic" according to which from the moment of application for privatization and privatization it is forbidden to perform reorganization, liquidation, change of structure of the staff list and dismissal of employees of the company meet.

Heads of the companies and territorial administrations of the State Property Committee in case of privatization and privatization of state-owned property allow the facts of severe violations of requirements of the Law, Presidential decrees of the Republic and the resolution of the Cabinet of Ministers of the Republic of Uzbekistan by N443 of September 23, 1992.

In the course of privatization and privatization of property quite often there are disagreements because of disputed rooms, the disputes connected with exit of structural units from structure of joint-stock companies.

Studying of court practice showed that these disputes are generally resolved by courts correctly.

At the same time in activity of the courts on hearing of cases of the called category there are shortcomings.

Having considered the overview of practice of application by economic courts of the Republic of the legislation by consideration of disputes over privatization and privatization, for the purpose of ensuring uniform court practice, the Plenum of the Supreme Economic Court of the Republic of Uzbekistan, being guided by Art. 43 of the Law of the Republic of Uzbekistan "About courts", decides:

1. Draw the attention of courts in case of permission of the economic disputes connected with questions of privatization and privatization to need of strict observance of requirements of the Law of the Republic of Uzbekistan "About privatization and privatization", Presidential decrees of the Republic, the relevant standards of resolutions of the Cabinet of Ministers of the Republic of Uzbekistan.

2. In each case of the dispute resolution to find out availability:

a) the state order of the established sample - according to the appendix N6 to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan N443 of September 23, 1992;

b) building vykopirovka with indication of the privatized part which area shall be specified in the order;

c) the list of data on the object offered to privatization, - profile of activities and types of products (works, services) in current prices, book value, average number working, profitability, creditor, debit debts;

d) compliance of property value, to subject privatization, really developing prices of the redemption moment. If privileges at the price are provided - whether it is drawn up in accordance with the established procedure.

3. Voided

4. To courts by consideration of disputes over questions of privatization and privatization to take into account the requirement of Art. 10 of the Law of the Republic of Uzbekistan "About Earth", saying that upon transition of the property right to structure and construction together with these objects also the right of possession or right to use passes with this parcel of land.

5. Courts should mean that, according to requirements of Art. 25 of the Law "About Property", the profit which arrived in property of labor collective of the razgosudarstvlenny companies is common property everyone working, therefore, in case of the order property it is necessary to find out opinion of owners of common property.

6. In necessary cases to courts to stop the facts of direct intervention of executive bodies in the solution of cases of this category.

7. And territorial administrations of the State Property Committee of the legislation existing in the Republic of Uzbekistan in the field of privatization and privatization to courts to practice removal of private determinations in cases of identification of violations by departments, heads of the companies.

About practice of application by economic courts of the Republic of Uzbekistan of the legislation by consideration of disputes in case of privatization and privatization

In the Constitution of the republic it is enshrined that the basis of the economy of Uzbekistan, aimed at the development of the market relations, is constituted by property in its different forms. The state guarantees freedom of economic activity, entrepreneurship and work taking into account priority of the rights of the consumer, equality and legal protection of all patterns of ownership.

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