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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

Approved by the Law of the Republic of Uzbekistan of August 30, 1997 , No. 477-I

CODE OF CIVIL PROCEDURE OF THE REPUBLIC OF UZBEKISTAN

(as amended on 16-10-2017)

Section I. General provisions

Chapter 1. Basic provisions

Article 1. Right to judicial protection

According to the Constitution of the Republic of Uzbekistan judicial protection of its rights and freedoms, the appeal right in court of illegal actions of state bodies, officials, public associations is guaranteed to everyone.

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 disclaimer on appeal to the court is invalid.

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

Article 2. Legislation on civil legal proceedings

The legislation on civil legal proceedings consists of of this Code and other acts of the legislation.

The legislation on civil legal proceedings establishes procedure for consideration and permission of cases of mandative production, cases of claim production, cases on claims to actions (decisions) of bodies and officials and cases of special proceeding.

Article 2-1. Legal proceedings in administrative courts

Legal proceedings in administrative courts are performed by the rules established by the legislation on civil legal proceedings

Article 3. International agreements

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which contain in the legislation of the Republic of Uzbekistan on civil legal proceedings then are applied rules of the international treaty.

Article 4. Tasks of civil legal proceedings

Tasks of civil legal proceedings are the correct timely consideration and permission of civil cases for the purpose of protection of the personal, political, economic and social rights, freedoms and interests of citizens, and also is right also the interests of the companies, organizations, the organizations, public associations and self-government institutions protected by the law граждан*.

Civil legal proceedings shall promote strengthening of legality and law and order, ensuring democracy, social justice, the civil world and national consent.

---------------------------------------------------

* - further "organizations"

Article 5. Excitement of civil case in court

The court initiates civil case according to the statement:

1) the person addressing for protection of the right or protected by the law of interest;

2) prosecutor;

3) state bodies, the organizations and certain citizens in cases when under the law they have the right to take a legal action behind protection of the rights and the interests of other persons protected by the law.

Article 6. Justice implementation only court and on the basis of equality of citizens before the law and court

Justice on civil cases is performed only by court and on the basis of equality before the law and court of all citizens irrespective of floor, race, nationality, language, religion, social origin, beliefs, personal and social standing, and also other circumstances.

Article 7. Independence of judges and subordination only to their law

When implementing justice on civil cases of the judge are independent and submit only to the law. Judges resolve cases on the basis of the law, according to the facts of the case, in the conditions excluding foreign impact on judges.

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

Article 8. Competitiveness and equality of participants

Civil administration of justice is performed on the basis of competitiveness and equality of participants.

Article 9. Language in which legal proceedings are conducted

Civil administration of justice in the Republic of Uzbekistan is conducted in the Uzbek, Karakalpak languages or in language of the majority of the population of this area.

The right of complete acquaintance with case papers, the right to give evidences and explanations, to appear in court, to make statements and to declare petitions in the native language, and also to use translation service according to the procedure, established by this Code is provided to persons who are not knowing language in which legal proceedings are conducted.

Court documents are handed to persons participating in case in transfer into their native language or into other language which they know.

Article 10. Publicity of legal proceedings

The trial of cases in all courts opened, except as specified, when it contradicts interests of protection of the state secrets or trade secret.

The closed legal proceedings are also allowed by motivated determination of court for the purpose of prevention of disclosure of data on private life of persons participating in case, and also providing secrecy of adoption and the mystery of correspondence.

At trial of case in the closed judicial session there are persons participating in case, and in necessary cases also witnesses, experts, specialists and translators.

Hearing of the case in closed meeting of court is conducted with observance of all rules of practice.

The judgment in all cases is disclosed publicly.

Article 11. Spontaneity and ustnost of legal proceedings

The Trial Court by consideration of civil case shall research directly proofs on case: hear explanations of persons participating in case, testimonies of witnesses, the expert opinion and specialists, to study written proofs, to inspect physical evidences.

Trial of case happens orally. In case of replacement of the judge in proceedings on the reference trial of case shall be made from the very beginning.

Article 12. Permission of cases based on the current legislation

The court shall resolve cases based on the laws of the Republic of Uzbekistan. The court applies also other regulations if they do not contradict the Constitution and other laws of the Republic of Uzbekistan.

The court according to the law and the international treaty of the Republic of Uzbekistan applies rules of law of foreign state.

In case of lack of the law governing the disputable relation, the court applies the law governing the similar relations, and in the absence of such law - proceeds from the general beginnings and sense of the legislation.

Article 13. Individual and joint consideration of civil cases

Cases on the first instance in all courts are considered by the judge solely. By individual consideration and permission of case the judge acts on behalf of court.

Consideration of the case in appeal and cassation procedure in the Supreme Court of the Republic of Karakalpakstan on civil cases, regional, Tashkent city courts on civil cases is performed as a part of three judges. In Judicial board on civil cases of the Supreme Court of the Republic of Uzbekistan in appeal, cassation procedure and according to the procedure of supervision cases are considered as a part of three judges, in Presidium of the Supreme Court of the Republic of Uzbekistan - with most of members of Presidium.

Article 14. Procedure for the solution of questions court

All questions arising in case of case trial are solved the judge solely, and in joint structure - judges on majority of votes. Court decrees are issued in the consultative room and stated in writing. During pronouncement of the resolution presence of other persons is not allowed. In case of the solution of each question in joint structure none of judges have no right to abstain from vote. The chairman votes the last. The judge who remained in minority, having the right to state in writing the special opinion which is filed, but does not appear. Persons participating in case with special opinion of the judge are not acquainted.

If the court decree according to which there is special opinion was not subject of consideration of higher degree of jurisdiction, it after the introduction together with case goes to the chairman of the relevant court for the solution of question of protest of the decision to legal force.

Article 15. Clarification by court of the valid facts of the case, rights and obligations of the Parties

Court, without being limited to the provided materials and explanations having the right to take according to the law measures for comprehensive, complete and objective clarification of the valid facts of the case, rights and obligations of the Parties.

The court shall explain to persons participating in case, their rights and obligation, to warn about effects of making or non-execution of legal proceedings and to render to persons participating in case, assistance in implementation of their rights.

Article 16. Obligation of the decision, determination and court order

The decision which took legal effect, determination, the resolution and the order of court are obligatory for all state bodies, the organizations, officials and citizens and are subject to execution in all territory of the Republic of Uzbekistan.

Obligation of the decision, determination, the resolution and order of court does not deprive of interested persons of opportunity to take a legal action behind protection of the rights and the interests protected by the law, the dispute on which was not considered and resolved by court.

Article 17. Supervision of superior courts of judicial activities

The Supreme Court of the Republic of Uzbekistan has rights of supervision of judicial activities of the Supreme Court of the Republic of Karakalpakstan for civil cases, regional, Tashkent city courts on civil cases, interdistrict, district (city) courts on civil cases and public vessels.

The Supreme Court of the Republic of Karakalpakstan on civil cases exercises supervision of judicial activities of interdistrict, district (city) courts for civil cases of the Republic of Karakalpakstan.

Regional and Tashkent city courts on civil cases exercise supervision of judicial activities of the interdistrict, district (city) courts for civil cases which are respectively in the territory of the area, the city of Tashkent.

The military court of the Republic of Uzbekistan exercises supervision of judicial activities of district and territorial public courts.

Chapter 2. Court decrees and protocols

Article 18. Court decrees

On the considered and resolved questions the court makes decisions, determinations, resolutions and orders.

The court bases decisions, determinations, resolutions only on the materials researched in judicial session.

Decisions, determinations, court orders shall be legal, reasonable and fair.

Article 19. Private determination (resolution) of court

Court, having found by consideration of civil case of violation of legality and law and order by certain officials or citizens, takes out private determination (resolution) and sends it to relevant organs and officials who shall report to court about the taken measures. This message shall be made from the date of receipt of the copy of private determination (resolution) in a month.

If by consideration of civil case the court finds essential elements of offense in actions of the parties or other persons, it reports about it to the prosecutor for the solution of question of initiation of legal proceedings with appendix of the corresponding materials.

The private complaint can be made about private determination of Trial Court and the private protest is brought.

Article 20. Obligation of taking the minutes

About each judicial session of court, and also about each separate legal proceeding made out of meeting the protocol is constituted.

Article 21. Contents of the protocol

The protocol of judicial session shall reflect all essential moments of trial of case or making of separate legal proceeding. In the protocol of judicial session, in particular, it is specified:

1) year, month, number and place of judicial session;

2) time of the beginning and time of the end of judicial session;

3) the name of the court considering case, structure of court and the court session secretary;

4) name of case;

5) data on appearance of persons participating in case and persons promoting justice implementation;

6) explanation court to the parties and other participants of process of their procedural law and obligations;

7) data on delivery of the agenda and on the absence reasons in judicial session of persons specified in Item 5 of this Article;

8) all orders of the chairman and determination which are taken out by court without removal to the certain room (the consultative room);

9) statements of persons participating in case;

10) data on all written and physical evidence produced to court, written conclusions of experts;

11) explanations of persons participating in case, testimonies of witnesses, oral explanations by experts of the conclusions, opinions of specialists, data of survey of physical and written proofs;

12) content of judicial debate and opinion of the prosecutor;

13) data on announcement of the decision, determination or court order.

Article 22. Creation of the protocol

The protocol is constituted by the secretary in the most judicial session or when making separate legal proceeding out of meeting.

Persons participating in the case having the right to petition for entering in the protocol of circumstances which they consider essential to case.

Statements of the parties, the third parties for complete or partial refusal of the imposed requirements, for recognition of the imposed requirements, for the end of case are entered by the voluntary settlement in the protocol and signed respectively one of the parties or both parties. The protocol shall be signed by the chairman and the court clerk no later than three days after the end of judicial session or making of separate legal proceeding. All changes, amendments, additions shall be stipulated in the protocol.

Article 23. Notes on the protocol

Persons participating in the case having the right to get acquainted with the protocol of judicial session and within five days from the date of its signing can submit written notes on the protocol with indication of on the abnormalities allowed in it or incompleteness.

The submitted notes on the protocol are considered by the chairman and, in case of consent with them, certifies their correctness and attaches to the protocol of judicial session.

In case of the chairman's disagreement with the submitted notes they are considered in court session. The submitted notes are subject in all cases to familiarizing with case.

Notes on the protocol shall be considered within seven days after their giving with the notice of persons participating in case. However, their absence is not obstacle to consideration of the application about notes on the protocol.

Article 24. Recovery of the lost judicial proceedings

The lost judicial proceedings on civil case can be recovered by court according to the statement of persons participating in case, the prosecutor and also at the initiative of court.

The lost production is recovered completely or in part which needs to be recovered according to court of the first or higher instance. The judgment or determination about cessation of production if they were taken out on case, shall be recovered surely.

The statement for recovery of the lost judicial proceedings is filed a lawsuit, considering case.

The statement shall contain detailed data on case.

To the statement the documents or their copies which remained at the applicant and concerning are filed even if they are not assured in accordance with the established procedure.

When considering the case the court uses the remained parts of production, documents issued from case before production loss to citizens and the organizations, the copies of these documents, other references and papers concerning case.

The court can interrogate as witnesses of persons which were present when making legal proceedings, and in necessary cases - persons which were part of the court considering case on which production is lost.

In case of insufficiency of collected materials for exact recovery of the lost production the court determination stops trial of the statement for production recovery. In this case the applicant has the right to make the claim in general procedure.

The applicant is exempted from payment of the court costs incurred by court when considering the case about recovery of the lost production. In case of obviously false declaration court costs are collected from the applicant.

Chapter 3. Removal of the judge and other participants of process

Article 25. Bases for removal of the judge

The judge cannot consider case and is subject to branch if:

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

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

3) is relative of the party or other persons participating in case.

The faces consisting in relationship among themselves cannot be part of court.

Article 26. Bases for removal of the prosecutor, expert, specialist, translator, court session secretary

The bases for branch specified in Items 1 and 3 of article 25 of this Code extend also to the prosecutor, the expert, the specialist, the translator and the court session secretary.

Branch can be declared to the expert, the specialist and the translator if they are in job or other dependency from the parties or other persons participating in case, and to the expert and the specialist - also if they made audit or drew the conclusion which materials formed the basis to excitement of this civil case.

Article 27. Inadmissibility of repeated participation of the judge in consideration of the case

The judge considering civil case in Trial Court cannot consider this case repeatedly if the judgment is cancelled by appeal or cassation instance or according to the procedure of judicial supervision. The judge considering civil case in Trial Court cannot participate in consideration of this case in court of appeal or cassation instance or according to the procedure of judicial supervision.

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

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

The judge who was involved in consideration of the case according to the procedure of judicial supervision cannot participate in consideration of the same case in court of the first, appeal and cassation instances.

Article 28. Statements for branches

In the presence of the circumstances specified in Articles 25, of the 26 and 27 of this Code, the judge, the prosecutor, the expert, the specialist, the translator, the court session secretary shall tell it to court (rejection). On the same bases branch can be declared by persons participating in case.

Branch shall be motivated and is declared prior to substantive prosecution. The latest statement of branch is allowed only in cases when the basis of branch became known to the court or person declaring branch after the beginning of trial of case.

Article 29. Procedure for permission of the declared branch

In case of the statement of branch the 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 explanation.

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

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

The question of removal of the judge considering case solely is allowed by the chairman of justices, and in mononuclear court the same judge.

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

For permission of question of branch the judge (court) leaves to the certain room (the consultative room) and takes out determination about acceptance or variation of branch.

Article 30. Effects of allowance of the application about branch

In case of removal of the judge case is considered in the same interdistrict, district (city) court on civil cases, but other judge, or submitted to other interdistrict, district (city) court on civil cases.

In case of removal of the judge or all structure of court when considering the case in the Supreme Court of the Republic of Uzbekistan, the Supreme Court of the Republic of Karakalpakstan on civil cases, regional, Tashkent city courts on civil cases case is considered in the same court, but in other structure of court.

The case shall be submitted to the Supreme Court of the Republic of Uzbekistan if in the Supreme Court of the Republic of Karakalpakstan on civil cases, regional court on civil cases or the Tashkent city court on civil cases after satisfaction of branch for the reasons specified in article 27 of this Code it is impossible to form new structure of court for consideration of this case. In this case case is considered by the Supreme Court of the Republic of Uzbekistan or according to the order of the chairman of the Supreme Court of the Republic of Uzbekistan is sent for consideration of other relevant court.

Chapter 4. Jurisdiction

Article 31. Jurisdiction of civil cases to courts

Are subordinated to courts on civil cases:

1) cases on disputes if at least one of the parties is the citizen, except as specified, when permission of such disputes is carried by the law to maintaining other courts or other bodies;

2) the cases of special proceeding listed in article 279 of this Code;

3) the another matters carried by the law to their competence.

Cases on the claims and statements on actions (decisions) of state bodies, self-government institutions of citizens, and also their officials following from the public relations are subordinated to administrative courts.

Article 32. Jurisdiction of several requirements connected among themselves

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

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

Chapter 5. Participants of process

Article 33. Persons participating in case

Persons participating in case the parties, the third parties, their representatives, the prosecutor, state bodies, the organizations and certain citizens participating in process in protection of the rights and the interests of other persons protected by the law are recognized.

Article 34. The rights and obligations of persons participating in case

Persons participating in case have the right to get acquainted with case papers, to do of them statements, to make copies, to declare branches, to produce the evidence, to participate in research of proofs, to ask questions to other persons participating in case and to persons promoting justice implementation to make statements, to declare petitions, to offer oral and written explanations for court, to state the arguments on all arising during legal proceedings to questions, to object to statements, petitions, arguments of other persons, to appeal decisions, determinations, resolutions and orders of court, to require forced execution of the decision, determination, the resolution and the order of court, to be present and exercise the rights in case of actions of the state contractor.

Persons participating in case have also other procedural law provided by this Code.

Persons participating in case shall have honesty the procedural law granted to them and carry out the obligations assigned to them.

Article 35. Persons promoting justice implementation

Persons promoting justice implementation are witnesses, experts, specialists, translators, holders of written and physical evidences, witnesses and keepers in enforcement proceeding.

Article 36. The rights and obligations of persons promoting justice implementation

The persons promoting implementation of justice, having the right to state orally or in writing the explanations, to use records, and also to use other procedural law granted to them by this Code.

Persons promoting justice implementation shall carry out the procedural obligations assigned to them.

Article 37. Civil standing in court

Capability have civil procedural law and obligations (legal capacity) is recognized equally for all citizens and the organizations.

Article 38. Civil procedural capacity to act

Capability perform the rights and obligations in court belongs to the citizens who reached age of majority and the organizations.

The rights and interests of minors, that is citizens protected by the law aged from fourteen up to eighteen years, and also citizens, acknowledged it is limited by capable, defend themselves in court their parents, adoptive parents or custodians. However it does not deprive of the right of participation in such cases of the minors and citizens recognized restrictedly as capable.

On the cases arising from employment legal relationship and from the transactions connected with the order the gained earnings or other income, minors have the right to personally protect the rights and interests protected by the law in court. The question of attraction to participation on such cases of parents, adoptive parents, custodians of minors for rendering the help to them is solved court.

The minor who reached sixteen years can personally perform the rights and obligations in court in case of the announcement its sui juris (emancipation), according to the procedure, established by the legislation.

The rights and interests of juveniles, that is the citizens who did not reach fourteen years, and also the citizens recognized incapacitated owing to sincere disease or weak-mindedness protected by the law defend themselves in court their legal representatives - parents, adoptive parents or guardians.

Article 39. Parties

The parties in civil process are the claimant and the defendant.

The claimant - person who is taking a legal action for the purpose of protection the violated or disputed rights or interests protected by the law or for the benefit of which proceedings are initiated.

The defendant - person involved by court in the answer concerning the violated rights and interests of the claimant protected by the law.

Article 40. Procedural law and obligations of the Parties

The parties have the equal procedural law and perform duties.

The claimant has the right to change the basis or subject of the declared requirements, to increase or reduce the size of claims, to refuse fully or partially them.

The defendant has the right to recognize requirements of the claimant fully or partially.

The parties in claim production have the right to end case by the conclusion of the voluntary settlement at any stage of process.

The court does not accept refusal of the claimant of the claim, recognition of the claim by the defendant and does not approve the voluntary settlement of the parties if these actions contradict the law or violate the rights and interests of other persons protected by the law.

Article 41. Procedural partnership

The declared requirement can be imposed in court jointly by several claimants (co-plaintiffs) or to several defendants (codefendants).

Each of claimants and defendants in relation to other party acts in process independently. Procedural partnership is possible also at the third parties.

Procedural partnership is allowed for claim production, in cases on claims and statements on actions (decisions) of the state and other bodies, and also officials and cases of special proceeding.

Accomplices can charge conducting case to one of accomplices.

Article 42. Replacement of the improper party

Court, having determined that the declared requirement is imposed not by that person who belongs right to claim, or not to that person who shall answer according to the plaintiff's declaration, can allow replacement of the initial claimant or defendant with the proper claimant or the defendant with the consent of the claimant.

If the claimant does not agree to replacement with his other person, then this person has the right to go into action in quality of the third party declaring independent requirements regarding dispute.

If the claimant does not agree to replacement of the defendant with other person, the court has the right to involve this person as the second defendant.

About replacement of the improper party the court takes out determination.

After replacement of the party or the introduction to the third party declaring independent requirements regarding dispute, or involvement of the second defendant, consideration of the case it is started anew.

In case of not the introduction in process of the third party with independent requirements when the inadequate claimant does not abandon the declared claim, case is considered in essence.

Article 43. Procedural legal succession

In case of disposal of one of the parties, the third party or the legal representative in the disputable or established by the judgment legal relationship (the death of the citizen, reorganization of the legal entity, requirement concession, transfer of debt, etc.) the court allows replacement of these persons with their legal successors. The legal succession is possible in any stage of process. About the introduction in process of the legal successor the court takes out determination.

For the legal successor all actions made in process to its introduction are obligatory in the same measure in what they would be obligatory for person who the legal successor replaced. In case of procedural legal succession process continues at that stage at which was disposed right-predecessor, however, the legal successor having the right to study all case papers.

Article 44. The third parties declaring independent requirements

The third parties declaring independent requirements regarding dispute can go into action to the resolution by court of the decision. They have all rights and perform all duties of the claimant.

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