ORDER OF THE MINISTRY OF JUSTICE OF THE REPUBLIC OF UZBEKISTAN

of December 29, 2001 No. 209-mkh

About approval and state registration of regulations on procedure for maintaining enforcement proceeding and the organization of activities of legal executives

According to the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" and based on the Presidential decree of the Republic of Uzbekistan of June 2, 2000 of NUP-2612 "About Measures for Program Implementation of Liberalization and Deepening of Reforms in Political, Economic and Spiritual Spheres of Society, to Safety of the Country", and also the Regulations on the Ministry of Justice of the Republic of Uzbekistan approved by the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of November 12, 1992 N 523, I order:

1. Approve Regulations on procedure for maintaining enforcement proceeding and the organization of activities of legal executives according to appendix.

2. Declare invalid the Instruction on enforcement proceeding approved by the Ministry of Justice of the Republic of Uzbekistan of December 28, 1993 N57 - the item.

3. To management of state registration of departmental regulations (M. M. Ikramov) to register this order and to enter the corresponding record in the State register of regulations of the ministries, state committees and departments.

4. (E.K.Kudratov) in ten-day time to provide to department on execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice bringing this provision to data of district (city) departments of legal executives, and also all interested persons.

5. To district (city) departments of legal executives strictly to observe requirements of the specified Provision.

6. To provide to management of systematization of the legislation and legal information (A.DZh. Tashkulov) publication of this regulatory legal act in "The bulletin of regulations of the ministries, state committees and departments" - "Vazirliklar, давлат kumitalar ва idoralarning of mejyoriya of chuzhzhatlara of Akhborotnomasi".

7. To impose control over the implementation of this order on the Director of the department of execution of judgments, material and financial provision of activity of the courts under the Ministry of Justice E.K.Kudratov.

 

Approved by the order of the Minister of Justice of the Republic of Uzbekistan of December 29, 2001 No. 1091

Regulations on procedure for maintaining enforcement proceeding and organization of activities of legal executives

This Provision is developed based on the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" (further - the Law) (Collection of the legislation of the Republic of Uzbekistan, 2001, N 21, of the Art. 145), the Presidential decree of the Republic of Uzbekistan of June 2, 2000 NUP-2612 "About Measures for Program Implementation for Liberalization and Deepening of Reforms in Political, Economic and Spiritual Spheres of Society, to Safety of the Country" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2000, Art. N5-6, 173) and resolutions of the Cabinet of Ministers of the Republic of Uzbekistan of September 22, 2001 N383 "About Measures for Further Enhancement of Activity of the Courts of the Republic of Uzbekistan" (JV Kabineta Ministrov of the Republic of Uzbekistan, 2001, N 9, the Art. 55).

The provision regulates procedure for maintaining enforcement proceeding and the organization of activities of legal executives in case of forced execution of court resolutions, and also acts of other bodies.

Execution of executive documents on the address of property to the income of the state is made according to this Provision taking into account the features provided by Regulations on accounting treatment, estimates and realization of the property which is subject to the address to the income of the state, the approved resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 21, 2003 N 36, and the order of the Minister of Justice of the Republic of Uzbekistan on the matter.

Chapter I. General provisions

§ 1. Executive documents

1. By the rules stated in this Provision, execution are subject:

1) decisions, determinations and resolutions of courts on civil cases and economic disputes;

2) sentences, determinations and resolutions of criminal court judges regarding property penalties of decision of the courts on criminal cases regarding objects and tools of crimes, and also physical evidences;

3) resolutions of courts regarding property penalties on cases on administrative offenses of decision of the courts on cases on administrative offenses regarding objects and tools of offenses, and also physical evidences;

4) notarially certified agreements on payment of the alimony;

5) executive texts of notaries;

6) decisions of the commissions on employment disputes;

7) the decrees issued by bodies (officials), representatives to consider cases on administrative offenses;

8) decisions of reference tribunals;

9) the foreign judgement and arbitration in cases, stipulated by the legislation or the international treaty of the Republic of Uzbekistan;

10) resolutions of prosecutors on eviction administratively the persons which arbitrarily occupied premises or living in the houses recognized as emergency;

11) resolutions of legal executives in the cases provided by the Law;

12) acts of other bodies in the cases provided by the law.

2. Executive documents are:

the writs of execution issued by courts based on the court resolutions adopted by them; the writs of execution issued by courts on forced execution of decisions of reference tribunals;

the writs of execution issued by courts of the Republic of Uzbekistan based on foreign judgements and arbitration;

writs;

notarially certified agreements on payment of the alimony;

executive texts of notaries;

the certificates issued by the commissions on employment disputes based on their decisions; the decrees issued by bodies (officials), representatives to consider cases on administrative offenses;

resolutions of prosecutors on eviction administratively the persons which arbitrarily occupied premises or living in the houses recognized as emergency;

resolutions of legal executives;

acts of other bodies in cases, stipulated by the legislation.

3. In the executive document shall be specified:

the name of the court or other body which issued the executive document;

case on which the executive document, and its number is issued;

acceptance date of court resolution or the act of other body which is subject to execution;

the name of the claimant and debtor, their address, for physical persons - birth date and birth place of the debtor, its place of employment;

substantive provisions of court resolution or act of other body;

date of issue of the executive document and term of its presentation to execution.

Are in addition applied to the executive document on the address of property to the income of the state or its destruction:

copy of the protocol on withdrawal;

expert opinion on suitability or unfitness of property to consumption, use or conversion;

conclusion about property assessment;

the delivery-acceptance certificate on storage;

other necessary documents for maintaining enforcement proceeding.

4. The executive document issued based on court resolution is signed by the judge and certified by official stamp of court.

5. The executive document issued based on the act of other body is signed by the authorized officer of the body which adopted the act and certified by seal of relevant organ.

6. In executive text of the notary shall be specified:

surname and initials, position of the notary making executive text; name and address of the claimant;

name and debtor's address;

designation of term for which collection is made;

designation of the amounts which are subject to collection or the objects which are subject to reclamation including penalty fee, percent if those are due;

designation of the amount of the state fee or rate, paid by the claimant or subject to collection from the debtor;

date (year, month, number) making of executive text;

number at which the executive text is registered in the register;

the signature of the notary who made executive text; notary's seal.

7. Executive documents can be shown to execution in the following terms:

1) the writs of execution issued based on court resolutions of courts of law - within three years, and court resolutions of economic courts - within six months;

2) the writs of execution issued based on court resolutions about forced execution of decisions of reference tribunal - within six months;

3) executive texts of notaries - within three years;

4) satisfactions of the commissions on employment disputes - within three months;

5) resolutions of bodies (officials), representatives to consider cases administratively, - within three months.

The above-stated terms are estimated:

1) in case of presentation 1 parts one of this Item of executive documents specified in the subitem to execution (except for the writ) terms are estimated from the date of the introduction of court resolution in legal force or the terminations of the term established in case of delay or payment by installments of its execution, or from the date of removal of determination about recovery of the passed term for presentation of the executive document to execution, and in cases when the court resolution is subject to immediate execution, - from the next day after its removal;

2) in case of presentation to execution of executive documents, in the subitem 5 parts one of this Item - from the date of pronouncement of the resolution;

3) in case of presentation to execution of writs - after ten-day term from the date of their issue.

According to all other executive documents called in part one of this Item terms for their presentation to execution are estimated from the next day after their issues if other is not established by the law.

On court resolutions about collection of periodical payments (on cases on collection of the alimony, on indemnification, caused by damage to health, and others) executive documents are valid for all the time on which payments are awarded. The same procedure is effective also concerning notarially certified agreements on payment of the alimony. In the specified cases terms of presentation of executive documents are estimated for each payment separately.

§ 2. Rights and obligations of contractors

8. The legal executive shall use the rights granted to him according to the law and not allow in the activities of infringement of the rights and legitimate interests of physical persons and legal entities.

9. Forced execution of court resolutions and acts of other bodies is performed by legal executives of district (city) managements of legal executives, and also, in cases stipulated by the legislation, the chief the chief, leading inspectors and chiefs of departments of management of execution of judgments of Department of execution of judgments, to material logistics of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan (further - Judicial Department), and also the chief and leading inspectors on questions of execution of judgments of territorial administrations of Department.

10. The legal executive when making executive actions has the right:

obtain necessary information, explanations and references;

carry out at the companies, organizations and the organizations check of execution of court resolutions and acts of other bodies concerning the working debtors and maintaining financial documentation according to enforcement proceeding;

give to the physical persons and legal entities participating in enforcement proceeding, orders concerning making of certain executive actions;

enter the rooms and storages occupied by debtors or belonging to them, to perform inspections of the specified rooms and storages, if necessary to open them, and also based on determination of court to make the specified actions concerning the rooms and storages occupied by other persons or belonging to them;

arrest, withdraw, transfer to storage and realize distrained property according to the law;

impose arrest the money and other values which are on accounts in deposits or stored in banks and other credit institutions, according to the legislation;

use the non-residential premises which are in state-owned property, and in case of the consent of the owner - the rooms which are in other property, for temporary storage of the withdrawn property, to assign to the corresponding persons obligation on its storage, to use transport of the claimant or debtor for transportation of property with reference of expenses at the expense of the debtor;

in case of ambiguity of the requirements containing in the executive document based on which executive actions are made to ask the court or other body which issued the executive document about explanation of procedure for its execution;

announce search of the debtor, its property or search of the child;

if the decisions of the legal executive made when making executive actions infringe on interests of the parties and other persons, to issue the relevant decrees;

in need of ensuring protection of public order in case of production of executive actions to send the relevant requirement to law-enforcement bodies;

involve the specialist to explanation of the executive actions of the questions requiring special knowledge arising when making;

in case of non-execution of the executive document to impose penalty on physical persons according to the Law and this Provision;

in case of identification of offenses to transfer materials on cases, not subordinated legal executives relevant to monitoring bodies on their competence in accordance with the established procedure;

perform other actions according to the legislation.

11. The legal executive shall use the rights granted to him according to the law and not allow in the activities of infringement of the rights and legitimate interests of physical persons and legal entities.

The legal executive shall:

explain to persons participating in enforcement proceeding, their procedural law and obligations;

take measures for timely, complete and correct execution of executive documents;

provide to the parties of enforcement proceeding or their representatives opportunity to get acquainted with enforcement proceeding materials, do of them statements, make copies of them;

consider applications of the parties concerning enforcement proceeding and their petition, issue the relevant decrees, explaining terms and procedure for their appeal; take rejection if it is interested in the enforcement proceeding course, or there are other circumstances raising doubts in his impartiality.

The legal executive performs also other duties according to the legislation.

§ 3. The parties in enforcement proceeding. Representation in enforcement proceeding

12. The parties in enforcement proceeding are the claimant and the debtor.

13. Claimant is the physical person or legal entity, in advantage or for the benefit of which the executive document is issued.

14. Debtor is the physical person or legal entity obliged to make the certain actions provided by the executive document or to refrain from their making.

15. Can participate in enforcement proceeding several claimants or debtors. Each of them in relation to other party participates in enforcement proceeding independently or can charge participation in executive actions to one of accomplices.

16. The parties when making executive actions have the right to get acquainted with enforcement proceeding materials, to do of them statements, to make copies of them, to represent additional materials, to declare petitions, to participate in making of executive actions, to offer oral and written explanations in the course of executive actions, to make the arguments and observations on the questions arising during enforcement proceeding, to object to petitions, arguments and reasons of other persons participating in enforcement proceeding to declare branches, to appeal actions (failure to act) of the legal executive.

17. The parties when making executive actions shall fulfill requirements of the legislation on execution of court resolutions and acts of other bodies.

18. In case of disposal of one of the parties of enforcement proceeding (the death of the claimant or debtor, reorganization of the legal entity, concession of requirements, transfer of debt, etc.) the legal executive shall the resolution (appendix N 1) to make replacement of this party with her legal successor in the procedure established by the law. For the legal successor all actions made to its introduction in enforcement proceeding are obligatory in that measure in what they would be obligatory for the party which the legal successor replaced.

19. In enforcement proceeding of the right of minors are performed by their legal representatives - parents, adoptive parents, guardians or custodians. In the cases provided by the law in case of execution of the executive documents issued based on court resolutions and acts of other bodies for the cases arising from civil, family, labor, administrative offenses and from the transactions connected with the order the gained earnings or other income, minors can independently perform the rights and fulfill duties in enforcement proceeding.

20. The minor who reached sixteen-year age can independently perform the rights and fulfill duties in enforcement proceeding in case of the announcement its sui juris (emancipation).

21. The parties - physical persons can participate in enforcement proceeding independently or through the representatives. Personal participation of physical person in enforcement proceeding does not deprive of it the right to have the representative. If according to the executive document obligations which it can perform only personally are assigned to the debtor, then in case of their execution the debtor has no right to act through the representative.

22. Legal entities participate in enforcement proceeding through the bodies or officials who act within the powers conferred to them by the legislation or constituent documents, or through representatives of the specified bodies and officials.

Persons representing the legal entity shall have the documents confirming them powers.

23. Powers of the representative shall be confirmed with the power of attorney issued and which is drawn up according to the law.

In the power of attorney on the participation right in enforcement proceeding powers of the representative on making of the following actions shall be specially stipulated:

1) presentation of the executive document to execution and its response;

2) refusal of collection;

3) delegation of power to other person (retrust);

4) appeal of actions (failure to act) of the legal executive and his branch;

5) receipt of the awarded property (including money);

6) conclusion of the voluntary settlement.

24. Powers of the lawyer make sure the order.

25. The representative participating in enforcement proceeding has the right to making on behalf of represented all actions connected with enforcement proceeding.

26. The rights and interests protected by the law incapacitated or restrictedly capable physical persons in enforcement proceeding are protected by their legal representatives - parents, adoptive parents, guardians or custodians who submit the documents certifying them powers.

Legal representatives make on behalf of represented all actions, the right to which making belongs represented, with the restrictions provided by the law.

27. On enforcement proceeding in which the physical person recognized in accordance with the established procedure shall participate it is unknown absent, act as his representative person by whom it is delivered in trust management the property is unknown absent and which are appointed according to the procedure, established by the legislation.

28. On enforcement proceeding in which the heir of the person who died or declared in accordance with the established procedure the dead shall participate if the inheritance is accepted nobody yet, the guardian or the keeper appointed for protection and management of heritable property acts as the representative of the heir.

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