of December 19, 2003 No. 19
About application of some regulations of the civil procedural legislation by courts
Due to the change of some regulations of the Code of civil procedure of the Republic of Uzbekistan, introduction of institute of appeal appeal of judgments and determinations of Trial Court, need of uniform application by courts of the legislation on civil legal proceedings, according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan
1. Draw the attention of courts to need of strict and exact observance by consideration of civil cases of regulations of substantive and procedural law for the purpose of pronouncement of legal, reasonable and fair court decrees.
2. According to the Art. of 1 GPK of the Republic of Uzbekistan any interested person has the right according to the procedure, established by the law, to take a legal action behind protection of the violated or disputed right or the interest protected by the law.
The judge has the right to refuse adoption of the statement only on the bases provided by the law. Let's not allow refusal in adoption of the statement and excitement of civil case based on not validity of the declared requirement, the omission of term of limitation period and other unforeseen law to the bases.
3. According to the Art. 149 GPK of the Republic of Uzbekistan, not only requirements shall be specified in the statement, but also circumstances on which these requirements, and also proofs confirming these circumstances are based are stated.
If the statement does not meet the requirements of the Art. of the Art. 149,150 of GPK of the Republic of Uzbekistan, or the statement is not paid with the state fee, the judge according to the Art. 154 GPK of the Republic of Uzbekistan, takes out determination about leaving of the statement without movement and provides term for correction of shortcomings which duration is determined in each case taking into account nature of shortcomings of the statement and real possibility of their correction.
4. The question of excitement of civil case, of leaving of the statement without movement, or about refusal in adoption of the statement shall be solved by the judge by removal of the corresponding determination.
It is necessary to exclude from practice cases of registration of refusal in adoption of the statement the resolution, but not removal of determination as it is provided by the law. Determination about refusal in adoption of the statement shall be taken out within ten days from the date of receipt of the statement.
5. The application submitted by the prosecutor, state bodies, the organizations or certain citizens to protection of the rights and other persons protected by the law, and also the statement of the prosecutor for recognition of the legal act illegal shall conform to requirements of the Art. 149 GPK of the Republic of Uzbekistan.
6. Ceased to be valid.
7. Declarations of abandonment of the claim, about recognition of the claim, and also about the conclusion of the voluntary settlement shall be entered in the protocol of judicial session and are signed by the claimant, the defendant or both parties and if such applications are submitted in writing, they are filed about what it is specified in the protocol of judicial session. Explanations, the indications and the conclusions entered in the protocol of judicial session can be signed by participants of process (the parties, witnesses, experts) if the court recognizes it necessary.
Recognition of the claim by the defendant during legal proceedings is not the basis for suit abatement. In case of acceptance by its court, the decision on satisfaction of the declared requirements is passed.
8. Draw the attention of courts that one of the main conditions of timely and correct permission of cases is preparation of case for legal proceedings. Preparation of case for legal proceedings is independent stage of civil process, is obligatory on all civil cases and shall be carried out taking into account features of this or that category of cases.
Actions of the judge for preparation of case for legal proceedings are drawn up by the judge determination without challenge of persons participating in case which separately from the petition for appeal is not subject to appeal.
9. Explain that tasks of preparation of cases for legal proceedings are:
a) determination of nature of legal relationship of the parties and the law which should be guided;
b) refining of the facts proving requirements and objections of the parties, and also other facts important for the correct permission of case;
c) determination of circle of the proofs necessary for permission of case, and ensuring their timely representation to judicial session;
d) permission of question of the possible list of persons participating in case.
10. Case shall be prepared for legal proceedings and is considered no later than the terms established by the Art. of 131 GPK of the Republic of Uzbekistan including in case of its transfer on new trial on the first instance in connection with cancellation of the initial decision.
If in the statement or court in one production several requirements for one of which general is established, and for others the reduced term of preparation and consideration of the case, then the civil case is subject to consideration from the date of the end of preparation no later than one month, for special complexity based on reasonable determination of court not later than two months in time are connected.
11. Draw the attention of courts that according to the Art. of the Art. 110, 111 GPK of the Republic of Uzbekistan exemption of the state fee and court costs in the income of the state, delay or payment by installments in their payment, are legal proceedings of court which can be made only for motive of property status of the party.
It is necessary to understand circumstances under which it is not able to pay one-timely the state fee in the size provided by the law as property status of the party.
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