of August 29, 2001 No. 258-II
About execution of court resolutions and acts of other bodies
This Law governs the relations arising in case of forced execution of court resolutions, and also acts of other bodies (officials) which when implementing of the powers established by the law are granted the right to assign on physical persons or legal entity of obligation on transfer to other persons of money and other property or making to their advantage of certain actions or abstention from making of these actions.
The legislation on execution of court resolutions and acts of other bodies consists of this Law and other acts of the legislation.
If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about execution of court resolutions and acts of other bodies then are applied rules of the international treaty.
Forced execution of court resolutions and acts of other bodies is assigned to the state contractors of bodies of Bureau of forced execution under the Prosecutor General's Office of the Republic of Uzbekistan (further - Bureau of forced execution) which powers are established by this Law and other acts of the legislation.
In the cases provided by the law, execution of requirements of court resolutions and acts of other bodies of money recovery is performed by tax authorities, banks and other credit institutions.
In the cases provided by the law, requirements of court resolutions and acts of other bodies can be performed also by other physical persons or legal entities.
The bodies and persons specified in parts two and third this Article are not bodies of forced execution.
The executive document which contains requirements of court resolutions and acts of other bodies of money recovery can be sent by the claimant directly to bank or other credit institution if the claimant has data on the accounts of the debtor which are available there.
The bank or other credit institution performing servicing of accounts of the debtor in three-day time from the date of receipt of the executive document performs the requirements about money recovery containing in the executive document or does mark about complete or partial non-execution of the specified requirements due to the lack on accounts of the debtor of the money sufficient for satisfaction of the claimant.
Failure to meet requirements, specified in part two of this Article, is the basis for imposing by court on bank or other credit institution of penalty according to the procedure and the size, stipulated by the legislation.
By rules, the established this Law, are subject to execution:
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 and also prescribing mulctary punishment;
3) resolutions of courts regarding property penalties on cases on administrative offenses;
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 the state contractors in the cases provided by this Law;
12) acts of other bodies in the cases provided by the law.
The procedure for execution of foreign judgements and arbitration is determined by the legislation and international treaties of the Republic of Uzbekistan.
The writ of execution issued by court of the Republic of Uzbekistan based on the foreign judgment or arbitration can be shown to forced execution within three years from the moment of entry of decision into legal force if other is not provided by the international treaty of the Republic of Uzbekistan.
Executive documents are:
1) the writs of execution issued by courts based on the court resolutions adopted by them;
2) the writs of execution issued by courts on forced execution of decisions of reference tribunals;
3) the writs of execution issued by courts of the Republic of Uzbekistan based on foreign judgements and arbitration;
5) notarially certified agreements on payment of the alimony;
6) executive texts of notaries;
7) the certificates issued by the commissions on employment disputes based on their decisions;
8) the decrees issued by bodies (officials), representatives to consider cases on administrative offenses;
9) resolutions of prosecutors on eviction administratively the persons which arbitrarily occupied premises or living in the houses recognized as emergency;
10) resolutions of the state contractors;
11) acts of other bodies in cases, stipulated by the legislation.
The writ of execution, the writ can be presented in the form of the electronic document confirmed with the digital signature of the judge through information system.
In case of loss of the original of the executive document the basis for collection is its duplicate issued according to the procedure, stipulated by the legislation.
In the executive document shall be specified:
1) the name of the court or other body which issued the executive document;
2) case on which the executive document, and its number is issued;
3) acceptance date of court resolution or the act of other body which is subject to execution;
4) name of the claimant and debtor, their address; for physical persons - birth date and birth place of the debtor, its place of employment; personal identification number of the debtor - physical person (details of other identity documents of the physical persons who are not citizens of the Republic of Uzbekistan), and also identification taxpayer number of the debtor - the legal entity;
5) substantive provisions of court resolution or act of other body;
6) date of entry into force of court resolution or act of other body;
7) date of issue of the executive document and term of its presentation to execution.
The executive document issued based on court resolution is signed by the judge and certified by official stamp of court.
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.
Contents of the writ and notarially certified agreement on payment of the alimony, and also executive text of the notary are determined by the legislation.
The parties in enforcement proceeding are the claimant and the debtor.
Claimant is person, in advantage or for the benefit of which the executive document is issued.
Debtor is person obliged to give to the claimant money or other property or to make the certain actions provided by the executive document or to refrain from their making.
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.
The rights of minors in enforcement proceeding 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, employment, administrative legal relationship 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.
The minor who reached age of sixteen years can independently perform the rights and fulfill duties in enforcement proceeding in case of the announcement its sui juris (emancipation).
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 state contractor.
The parties when making executive actions shall fulfill requirements of the legislation on execution of court resolutions and acts of other bodies.
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 state contractor shall make the resolution 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.
Physical persons can participate in enforcement proceeding independently or through 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, and also in cases when nature of the executive document requires personal participation of the claimant are assigned to the debtor, then in case of their execution the debtor or the claimant has no right to act through the representative.
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.
Powers of the representative shall be confirmed with the power of attorney issued and which is drawn up according to the law.
The representative participating in enforcement proceeding has the right to making on behalf of represented all actions connected with enforcement proceeding.
In the power of attorney issued represented powers of the representative on making of the following actions shall be specially stipulated:
presentation of the executive document to execution and its response;
refusal of collection;
delegation of power to other person (retrust);
appeal of actions (failure to act) of the state contractor and his branch;
receipt of the awarded property (including money);
conclusion of the voluntary settlement or mediativny agreement.
The faces which did not reach age of majority or consisting under guardianship or custody cannot be representatives in enforcement proceeding.
Judges, prosecutors, investigators, investigators, officials of the bodies performing investigation verification the state contractors and workers of the office of court cannot be representatives in enforcement proceeding. This rule does not extend to cases when specified persons participate in enforcement proceeding as representatives of the relevant court, body of prosecutor's office, the investigation, inquiry and body performing investigation verification or as legal representatives.
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.
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.
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.
Legal representatives have the right to charge participation in enforcement proceeding to other person elected by them as the representative.
When making executive actions the right to use translation service is provided to persons who are not knowing language in which the enforcement proceeding is conducted.
Any full age capable physical person knowing languages which knowledge is necessary for transfer can be the translator. The translator is appointed by the resolution of the state contractor.
The translator has the right to remuneration for the work which belongs to expenses on making of executive actions.
In case of obviously incorrect translation the translator bears the responsibility established by the law what he in writing is warned by the state contractor about.
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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