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LAW OF THE REPUBLIC OF UZBEKISTAN

of August 29, 2001 No. 258-II

About execution of court resolutions and acts of other bodies

(as amended on 21-02-2024)

Chapter 1. General provisions

Article 1. Purpose of this Law

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.

Article 2. Legislation on execution of court resolutions and acts of other bodies

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.

Article 3. Bodies of execution

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.

Article 4. Ensuring executive actions by banks and other credit institutions

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 no later than the next working day 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.

Article 5. The court resolutions and acts of other bodies which are subject to execution

By rules, the established this Law, are subject to execution:

1) decisions, determinations and resolutions of courts on civil cases, economic and administrative courts;

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.

Article 6. Execution of foreign judgements and arbitration

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.

Article 7. Executive documents

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;

4) writs;

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 the cases provided by the law.

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.

Article 8. Contents of executive documents

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.

Article 8-1. Jurisdiction of executive documents to bodies of Bureau of forced execution

Forced execution of executive documents is performed by departments of areas (cities) of Bureau of forced execution, except for the executive documents subordinated to territorial administrations and central office of Bureau of forced execution.

Territorial administrations of Bureau of forced execution perform:

the executive documents issued concerning several debtors who are in different areas (cities) including debtors with joint liability;

the executive documents providing collection of the amount at the rate from fifty thousand to hundred thousand sizes of basic settlement size on the date of data presentation of executive documents;

executive documents concerning the debtor - the legal entity who is resident of foreign state.

The main state contractors of the Republic of Karakalpakstan, areas and the city of Tashkent or their deputies, depending on the special circumstances having the right to withdraw any executive case from district (city) departments of Bureau of forced execution and to accept it to the production.

The central office of Bureau of forced execution performs:

the executive documents issued concerning several debtors who are in different areas including debtors with joint liability;

the executive documents providing collection of the amount constituting hundred thousand and more than sizes of basic settlement size on the date of data presentation of executive documents;

the executive documents issued concerning foreign states, their state bodies, diplomatic representations and consular establishments of the foreign states accredited in the Republic of Uzbekistan, the international government organizations and their representations, and also their workers having diplomatic immunity.

The main state contractor of the Republic of Uzbekistan or his deputy, depending on the special circumstances having the right to withdraw any executive case from body of Bureau of forced execution and to accept it to the production, to submit the executive case from one body of Bureau of forced execution to other its body.

Article 8-2. Ensuring execution of separate category of executive documents before representation of Bureau of forced execution to their bodies

The claimant shows in the relevant state body, the organization or to his official for ensuring execution the following executive documents before representation of Bureau of forced execution to their bodies:

executive documents on money recovery from the legal entity - in the bank institution servicing the debtor - the legal entity on accounts, or in other credit institution (except for the executive documents providing collection in the Government budget of the Republic of Uzbekistan);

executive documents on establishment of the property rights arising after state registration or on their state registration - in the state bodies and the organizations performing state registration of the appropriate property rights;

the executive documents on establishment of the property right to the securities or establishment of share in authorized fund (authorized capital) of legal entities determining securities by quantity and type, or providing assignment of the obligation on accounting of the property right to securities - in authorized body (organization) for the purpose of registration of the property right to securities addressed to person specified in the executive document;

executive documents on recovery at work - to the employer given authority on recovery at work;

the executive documents providing collection of the salary and the payments equated to it - to the relevant employer (organization) obliged to make salary payment and the payments equated to it;

executive documents on the debtor - state body, the organization or his officials or providing assignment of obligations on them - to the debtor - state body, the organization or his official or state body, the organization or his official to whom the executive document assigns obligations;

executive documents on imposing of administrative penalty - in the organizations performing salary payment or other earnings, pension or grant (except as specified when the offender does not work or the place of its work is unknown). This procedure is not applied to executive documents of court on imposing of administrative penalty.

The executive documents provided by part one of this Article are performed by state body, the organization and officials to whom they are provided if in executive documents other term is not specified, within fifteen days from the date of their representation, and the executive documents on money recovery from the legal entity submitted to banks - no later than the next working day from the date of their representation.

Executive documents on recovery at work after submission of the executive document by the claimant for ensuring execution to the employer given authority on recovery at work are performed immediately.

In case of non-execution by state body, organization or his official of separate category of executive documents without valid excuse in the terms specified in parts two and third this Article, the executive document it is represented to bodies of Bureau of forced execution by the claimant and perpetrators are brought to the responsibility for violation of the legislation on execution of court resolutions and acts of other bodies established by the law.

Article 8-3. The documents attached to executive documents in case of representation of Bureau of forced execution to their bodies

The following documents in case of representation of Bureau of forced execution to their bodies shall be attached to executive documents:

1) the documents confirming submission to the relevant state body, the organization or to his official of separate category of the executive documents specified in article 8-2 of this Law;

2) the documents confirming shutdown of the debtor - the legal entity (except for consumers whose disconnection from networks is not allowed according to the legislation) from networks of energy resources and water supply before filing of application about collection of obligatory payments for the consumed energy resources and drinking water to competent authority or the official;

3) the pledge agreement according to executive documents on the address of claim to property, provided with pledge;

4) data on date, number and the amount of collection orders (payment documents) according to executive documents on collection of tax debt, and also the resolution and the protocol on seizure of property in case of arrest of this property.

Documents which shall be attached to the executive documents providing the address of property to the income of the state are determined according to the legislation.

Chapter 2. Persons participating in enforcement proceeding

Article 9. The parties in enforcement proceeding

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.

Article 10. Participation of minors in enforcement proceeding

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).

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