of May 25, 2012 No. 7
About determinations of court of nisi prius
Due to the questions which arose in court practice on application of regulations of the procedural legislation regulating questions of removal of determinations by consideration of civil cases on the first instance, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that observance of regulations of the procedural legislation regulating questions of removal of determinations by consideration of civil cases on the first instance is the most important condition of ensuring proper preparation of case for legal proceedings, comprehensive, complete and objective clarification of the valid facts of the case, rights and obligations of participants of process, and also removal in the matter of the legal, reasoned and fair decision.
2. Explain that determinations of Trial Court, unlike the determinations which are taken out by results of consideration of the case in appeal, cassation procedure are court resolution by which case is not allowed on being (Article part one 237 GPK).
Determinations of Trial Court can be decided by court at stage of preparation of case for legal proceedings, legal proceedings or execution of judgments, as in the form of the separate procedural document (by removal to the certain room (the consultative room), and by entering of the text of determination in the protocol of judicial session (without removal to the certain room (the consultative room).
3. According to Article part three 237 GPK Trial Court have the right without removal to the certain room (the consultative room) to take out determinations on permission of simple questions. Such determinations can be taken out, in particular, concerning attraction to participation in process or the introduction to the third parties, representatives, state body, participation in case of the prosecutor, challenge of witnesses, reclamation or familiarizing with case of other proofs, adjournment or continuation of trial on case, adoption of the counter action, establishment of procedure for research of proofs, survey of proofs on the place, announcements of the end of trial of case on being and transition to debate of the parties, renewal of trial on case.
Proceeding from sense of the civil procedural legislation, the court has at discretion the right to take out on any of the listed questions determination in the form of the separate procedural document.
4. Courts should mean that determinations belong to determinations which shall be decided in the form of the separate procedural document, in particular:
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