of December 5, 2013 No. 254
About some questions of application by economic courts of regulations of the procedural legislation by hearing of cases on issue of the writ
For the purpose of ensuring the correct and uniform application of regulations of the Economic Procedure Code of the Republic of Uzbekistan by hearing of cases about issue of the writ, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:
1. Draw the attention of economic courts to need of hearing of cases about issue of the writ based on the Civil code, the Tax code of the Republic of Uzbekistan (further - the Tax code) and other legal acts, in strict accordance with the rules established by the Economic Procedure Code of the Republic of Uzbekistan (further - EPK).
2. Courts should mean that the list of requirements provided in article 135 EPK according to which the writ is issued is exhaustive and is not subject to extensive interpretation.
2.1. In case of submission of demand about issue of the writ based on Item 1 of article 135 EPK, recognition by the debtor of tax debt is not required.
2.2. According to part one of article 133 of the Housing code of the Republic of Uzbekistan obligatory payments for utilities are payments for cold and hot water supply, water disposal (sewerage), electric utility service, gas supply, heating (heat supply), for export of solid and liquid household waste (garbage).
According to part one of article 2 of the Law of the Republic of Uzbekistan "About communication" objects of the relations in the field of communication are: the networks of mail service representing set of means of acceptance, transportation and delivery of mailings to addressees, and networks of telecommunications representing set of means of the telecommunications providing one or several types of transfers - telephone, cable, facsimile, data transmission of other types of documentary messages, broadcast of television and broadcasting programs.
The application for debt collection on fee of communication can be considered by court by order only if the outstanding amount is determined based on indications of metering devices.
In case of submission of demand about issue of the writ based on Item 2 of article 135 EPK, recognition by the debtor of debt is not required.
2.3. Courts should mean that in the application for issue of the writ submitted according to Item 3 of article 135 EPK the requirement about the address of collection of receivables of property of the debtor cannot be declared. In case of presentation of such requirement, the statement is subject to refusal in acceptance based on part one of article 140 EPK.
In case of the statement of the requirement about collection of receivables based on Item 3 of article 135 EPK the debt shall be documentary acknowledged as the debtor.
3.1. In case the application for issue of the writ is submitted by the creditor who does not have the status of the legal entity or concerning the debtor who does not have the status of the legal entity, the statement is subject to refusal in acceptance based on part one of article 140 EPK.
3.2. In case of the appeal of separate division (branch, representation) of the legal entity who is acting on the basis of the power of attorney with the statement on behalf of the legal entity, the court has no right to refuse adoption of the statement.
At the same time the required amount (claimed property) is collected not for benefit of separate division (branch, representation), and for benefit of the legal entity whose interests are represented.
4. According to requirements of part one of article 136 EPK, the application for issue of the writ is submitted to economic court in writing.
In case of filing of application electronically through information system, the requirement about filing of application in writing it is considered observed.
5. Explain to courts that the creditor or his representative can file petition for issue of the writ.
6. Contents of the statement for issue of the writ shall conform to requirements of part two of article 136 EPK, otherwise the application is returned based on Item of 1 part one of article 141 EPK.
7. Courts should mean that the documents confirming the requirement of the creditor shall be enclosed to the application for issue of the writ.
7.1. The following documents shall be attached to the statement for the address of collection of tax debt on property of legal entities and citizens:
the statement from the available front cards of the taxpayer about availability of tax debt;
certificate of availability of payment orders, payment requests and collection orders.
Proceeding from requirements of Item 8 parts two of article 149 EPK, and also articles 115 and 116 of the Tax Code the document confirming the direction to the taxpayer of the requirement about repayment of tax debt also shall be enclosed to the action for declaration about the address of claim to property of the taxpayer.
7.2. To the statement for issue of the writ on debt collection on payments for utilities and communication services, documents, stipulated in Article 138 EPK shall be enclosed.
7.3. The following documents shall be attached to the statement for issue of the writ on collection of receivables based on its documentary recognition:
the original or the copy of the agreement signed with the debtor;
the documents confirming delivery of goods, performance of works, rendering services;
originals of the documents confirming recognition of debt (the settlement reconciliation statement, correspondence and others.)
7.4. No. 37 is excluded according to the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of 19.12.2020
7.5. Can be enclosed to the application for issue of the writ as well other documents confirming the requirement of the creditor.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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