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The document ceased to be valid since  April 1, 2018 according to article 8 of the Law of the Republic of Uzbekistan of  January 29, 2018 No. ZRU-463

ECONOMIC PROCEDURE CODE OF THE REPUBLIC OF UZBEKISTAN

of August 30, 1997 No. 478-I

(as amended on 16-10-2017)

Section 1. General provisions

Chapter 1. Basic provisions

Article 1. Right to the appeal to economic court

Any interested person has the right to appeal to economic court behind protection of the violated or disputed rights or interests protected by the law according to the procedure, established by this Code.

The disclaimer on the appeal to economic court is invalid.

The appeal to economic court is performed in the forms established by this Code. The address and documents attached to it can be sent to economic court electronically through information system.

All powers of economic courts established by this Code are performed by economic courts.

 

Article 2. Justice implementation by economic court

The economic court performs justice by permission of the disputes arising in the economic sphere and other cases referred to its competence by this Code and other laws.

Article 3. Legal proceedings tasks in economic court

Legal proceedings tasks in economic court are:

1) protection of the violated or disputed rights or interests of the companies, organizations, the organizations and citizens protected by the law in the economic sphere;

2) assistance to strengthening of legality and to the prevention of offenses in the economic sphere.

Article 4. The legislation on legal proceedings in economic courts

The legislation on legal proceedings in economic courts consists of of this Code and other acts of the legislation adopted according to it.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan then are applied rules of the international treaty.

Article 5. Independence of judges of economic court

When implementing justice of the judge of economic court are independent and submit only to the law.

Any intervention in activities of judges for administration of law is inadmissible and attracts legal accountability.

Article 6. Initiation of proceedings in economic court

The economic court initiates proceedings on statements:

1) interested persons;

2) prosecutor;

3) the state and other bodies in cases when under the law they have the right to the appeal to economic court in protection of the state and public concerns.

If for certain category of disputes the pre-judicial (claim) procedure for settlement is established by the law or it is provided by the agreement, proceedings can be initiated in economic court only after acceptance of measures by the parties to voluntary settlement of the relations. At the same time initiation of proceedings according to the statement of the prosecutor, the state and other bodies is made irrespective of acceptance by the parties of the specified measures.

Article 7. Equality before the law and court

The dispute resolution in economic court is performed on the basis of equality before the law and court of the companies, organizations and the organizations irrespective of pattern of ownership, the location, subordination, and citizens - irrespective of floor, race, nationality, language, religion, social origin, beliefs, personal and social standing, and also other circumstances.

Article 8. Publicity of trial of cases

Trial of cases in economic courts open.

Hearing of the case in closed meeting is allowed, when necessary for preserving the state secret or trade secret. Hearing of the case in closed meeting in the mode of video conferencing is not allowed.

When carrying out hearing in closed meeting case forming electronically is not allowed.

About trial of case in closed meeting determination is taken out.

Article 9. Competitiveness and equality of participants

Legal proceedings in economic court are performed on the basis of competitiveness and equality of participants.

Article 10. Language in which legal proceedings are conducted

In economic court legal proceedings are conducted in the Uzbek, Karakalpak languages or in language of the majority of the population of this area.

The right of acquaintance with all case papers, participations in judicial actions through the translator and the right to act in the native language is provided to the participants of legal procedure who are not knowing language in which legal proceedings are conducted.

Economic disputes between the companies, organizations and the organizations of the different states are considered by determination of court in language, acceptable for the parties.

Article 11. Spontaneity of legal proceedings

The economic court in case of trial of case shall research directly all proofs on case.

Article 12. The dispute resolution based on the legislation

The economic court resolves disputes based on the Constitution and the laws of the Republic of Uzbekistan, other acts of the legislation, and also international treaties of the Republic of Uzbekistan.

Economic court, having established when considering the case discrepancy of the act of the state or other body to the law, including its edition with abuse of authority, makes the decision according to the law.

In case of lack of the rules of law governing the disputable relation, the economic court applies the rules of law governing the similar relations, and in the absence of such regulations resolves dispute, proceeding from the general beginnings and sense of the laws.

By hearing of cases on disputes between subjects of entrepreneurship and state bodies, including law enforcement and monitoring bodies, and also banks all unremovable contradictions and ambiguities of the legislation arising in connection with implementation of business activity are interpreted for benefit of the subject of entrepreneurship.

The economic court according to the law or the international treaty of the Republic of Uzbekistan applies rules of law of foreign states.

Article 13. Application of foreign law

In case of application of foreign law the economic court establishes existence and content of its regulations according to their interpretation and practice of application in the relevant state.

For the purpose of establishment of existence and content of regulations of foreign law the economic court can address for assistance and explanation in competent authorities and the organizations of the Republic of Uzbekistan and foreign state or to involve specialists.

If existence or content of regulations of foreign law, despite the taken measures, are not established, then the economic court applies the relevant standards of the right of the Republic of Uzbekistan.

Article 14. Obligation of court resolutions

The economic court adopts court resolutions in the form of the decision, determinations, resolutions, the writ.

The court resolution which took legal effect is obligatory for all state bodies, self-government institutions of citizens, public associations, the companies, organizations, the organizations, officials and citizens and is subject to execution in all territory of the Republic of Uzbekistan.

Non-execution of court resolutions of economic court attracts the responsibility established by this Code and other laws.

Chapter 2. Structure of economic court. Branches

Article 15. Structure of economic court

In economic courts cases on the first instance are considered by the judge solely, and in in the Supreme Court of the Republic of Uzbekistan - as a part of three judges.

According to the decision of the chairman of justices any case can be considered jointly.

Put everything in appeal, cassation, supervising instances are considered by economic court jointly.

In case of joint consideration of the case shall be part three or other odd number of judges.

All judges when considering the case have the equal rights.

In case by this Code the judge is granted the right to solely resolve case and single questions, it acts on behalf of economic court.

Article 16. Procedure for permission of questions economic court

The questions arising by consideration and permission of case by economic court in joint structure are solved judges by a majority vote. None of judges have no right to refrain from vote. The chairman in meeting votes the last.

The judge, discordant with the decision of other judges, shall sign this decision and has the right to state in writing special opinion which is filed, but does not appear. Persons participating in case with special opinion of the judge are not acquainted.

Article 17. Removal of the judge

The judge cannot be involved in consideration of the case and is subject to branch if:

1) is relative of persons participating in case or their representatives;

2) by the previous consideration of this case participated in quality of the expert, translator, prosecutor, court session secretary, representative or witness;

3) personally, directly or indirectly, it is interested in the outcome of the case or there are other circumstances raising doubts in his impartiality.

The judges consisting in relationship among themselves cannot enter into structure of the economic court considering case.

Article 18. Removal of the prosecutor, expert, court session secretary and translator

The prosecutor, the expert, the court clerk and the translator cannot be involved in consideration of the case and are subject to branch on the bases specified in Items 1 and 3 of article 17 of this Code.

Besides, the bases for removal of the expert are:

1) its job or other dependency at the time of trial of case or in the past from persons participating in case or their representatives;

2) production of audit or are used by it which materials formed the basis or reason for the appeal to economic court when considering the case.

Article 19. Inadmissibility of repeated participation of the judge in consideration of the case

The judge who was involved in consideration of the case in Trial Court cannot participate in case of new trial of this case in Trial Court if the judgment is cancelled by appeal or cassation instance or according to the procedure of supervision, except cases of hearing of cases on newly discovered facts.

The judge who was involved in consideration of the case in Trial Court cannot participate in consideration of this case in court of appeal or cassation instance or according to the procedure of supervision.

The judge who was involved in consideration of the case in Appeal Court cannot participate in consideration of this case in court of the first or cassation instance or according to the procedure of supervision.

The judge who was involved in consideration of the case in court of cassation instance cannot participate in consideration of this case in court of the first or appellate instance or according to the procedure of supervision.

The judge who was involved in consideration of the case according to the procedure of supervision cannot participate in consideration of this case in court of the first, appeal or cassation instance.

Article 20. Statement for branches

In the presence of the circumstances specified in Articles 17 and 18 of this Code, the judge, the prosecutor, the expert, the court clerk, the translator shall declare rejection. On the same bases branch can be declared by persons participating in case.

Rejection and branch shall be motivated and declared prior to substantive prosecution. During consideration of the case the statement for rejection and for branch is allowed only in cases when the basis of rejection and branch became known to the economic court or person declaring rejection or branch after the beginning of consideration of the case.

Article 21. Procedure for permission of the declared branch

In case of the statement of branch the economic court shall listen to opinion of persons participating in case and also to hear person to whom branch is declared if taken away wishes to offer explanations.

The question of removal of the judge considering case solely is allowed by the chairman of economic court or the chairman of judicial board.

The question of removal of the judge in case of joint consideration of the case is resolved by other judges for lack of taken away. In case of equal poll, given for branch and against branch, the judge is considered taken away.

The question of the branch declared to several judges or all structure of the court considering case is allowed by the same court en banc by a simple majority vote.

The question of removal of the prosecutor, the expert, the court session secretary and the translator is allowed by the court considering case.

By results of consideration of question of branch determination is taken out.

Article 22. Effects of allowance of the application about branch

In case of removal of the judge or several judges, or all structure of court case is considered in the same court, but in other structure.

If as a result of satisfaction of branches it is impossible to form new structure of court for consideration of this case in the same economic court, the case shall be submitted to other economic court.

Chapter 3. Jurisdiction and cognizance

Article 23. Jurisdiction of cases

Are subordinated to economic court:

1) cases on the disputes arising in the economic sphere from civil, administrative and other legal relationship between legal entities (further - the organizations), the citizens who are performing business activity without formation of legal entity and having the status of the individual entrepreneur acquired in the procedure established by the law (further - citizens);

2) cases on establishment of the facts important for origin, change or the termination of the rights of the organizations and citizens in the economic sphere (further - about establishment of the facts having legal value);

3) cases on bankruptcy of the organizations and citizens.

4) cases on the corporate disputes specified in Article 155-19 of this Code, except for employment disputes.

Also cases on disputes with participation of the citizens who lost the status of the individual entrepreneur in cases are subordinated to economic court if relevant requirements follow from their previous business activity.

By the law also another matters can be carried to jurisdiction of economic court.

The economic court considers cases subordinated to it with participation of the organizations and citizens of the Republic of Uzbekistan, and also the foreign organizations, organizations with foreign investments, the international organizations, foreign citizens, the stateless persons performing business activity if other is not provided by the international treaty of the Republic of Uzbekistan.

In case of combination of several requirements connected among themselves from which one are subordinated to economic court and others - to court of law all requirements are subject to consideration in court of law.

In case of combination of several requirements connected among themselves from which one are subordinated to economic court and others - to administrative court, all requirements are subject to consideration in economic court

The cases specified in item 4 to part one of this Article are considered by economic court irrespective of whether are participants of legal relationship from which there was dispute, the organizations or physical persons.

Article 24. The disputes resolved by economic court

The economic court resolves disputes:

1) about disagreements under the agreement which conclusion is provided by the law or transfer of disagreements on which on permission of economic court is approved by the parties;

2) about change of conditions or about agreement cancelation;

3) about recognition of the property right;

4) about non-execution or improper execution of obligations;

5) about reclamation by the owner or other legal owner of property from others adverse possession;

6) about violation of the rights of the owner or other legal owner which are not connected with deprivation of ownership;

7) about indemnification;

8) about protection of honor, advantage and goodwill;

9) It is excluded

10) about recognition not subject to execution of executive or other document on which collection is made in indisputable procedure (without acceptance);

11) about appeal of refusal in state registration or evasion of state registration at the scheduled time;

12) about collection from the organizations and citizens of penalties monitoring bodies if the law does not provide indisputable procedure for their collection (without acceptance);

13) about return from the cash budget, requirements of the legislation which are written off with violation by monitoring bodies, in indisputable procedure (without acceptance).

The economic court resolves also other disputes carried to its competence.

Article 25. Transfer of disputes on permission of reference tribunal

By agreement of the parties arising or able to arise the dispute following from civil legal relationship and subordinated to economic court before adoption of the decision by it can be submitted by the parties of reference tribunal.

Article 25-1. The cases considered by economic court, connected with the decision of reference tribunal

Cases on statements belong to the cases considered by the economic court connected with the decision of reference tribunal:

1) about cancellation of decisions of reference tribunals;

2) about issue of writs of execution on forced execution of decisions of reference tribunals.

The cases listed in part one of this Article are considered by economic courts by general rules of economic legal proceedings with those withdrawals and amendments which are specified in Chapters 20-1 - 20-2 of this Code.

Article 26. Cognizance of cases

The cases subordinated to economic court are considered by interdistrict, district (city) economic courts, except for put, cognizable to the Supreme Court of the Republic of Uzbekistan.

The disputes following from economic agreements between governing bodies of the republic, local authorities of the representative and executive authority are considered by the Supreme Court of the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan depending on special circumstances has the right to withdraw any case from any court and to accept it to the production on the first instance, to submit the case from one court to another.

Article 27. Presentation of the claim for the location of the defendant

Claims are made in economic court in the location of the defendant.

The claims to the legal entity following from activities of its separate division are shown in the location of separate division.

Article 28. Cognizance at the choice of the claimant

Claims to several defendants who are in different places are shown in economic court at the choice of the claimant in the location of one of defendants.

Claims to the defendant whose location is unknown can be shown in economic court in the location of its property or in its last known location in the Republic of Uzbekistan.

Claims to the defendant, being the organization or the citizen of the Republic of Uzbekistan and being in the territory of other state, can be shown in the location of the claimant or property of the defendant.

The claims following from the agreement in which the place of execution is specified can be shown in the place of agreement performance.

Article 29. Cognizance of cases on establishment of the facts having legal value

Cases on establishment of the facts having legal value are considered in the location of the applicant, except for cases on factual determination of ownership of the building, construction, the parcel of land which are considered in the location of the building, construction, parcel of land.

Article 30. Cognizance of cases on bankruptcy

Cases on bankruptcy of the organizations and citizens are considered in the location of the debtor.

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