Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

It is registered

Ministry of Justice

Republic of Uzbekistan

On October 20, 2000 No. 980

Approved by the Ministry of Finance of the Republic of Uzbekistan of October 6, 2000 No. 110, the Central bank of the Republic of Uzbekistan of October 6, 2000 No. 171-13, the State Tax Committee of the Republic of Uzbekistan of October 6, 2000 No. 2000-102

 

It is approved

Ministry of Justice

Republic of Uzbekistan

On October 20, 2000 N126

 

It is approved

Supreme Court

Republic of Uzbekistan

On October 6, 2000 N559

It is approved

Ministry of Internal Affairs

Republics Ubekistan

On October 6, 2000 N3/688

It is approved

Service of the national

safety

Republic of Uzbekistan

On October 6, 2000 N12/862

It is approved

State

customs committee

Republic of Uzbekistan

On October 6, 2000 N2/5-49

It is approved

Prosecutor's office

Republic of Uzbekistan

On October 6, 2000 N22-B

 

The instruction about procedure for return to physical persons of the foreign currency confiscated in the income of the state on decisions of the courts

This Instruction is developed according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of 22.03.93 N 151, other acts of the legislation of the Republic of Uzbekistan and determines procedure for return to physical persons of the foreign currency which is earlier confiscated from them in the income of the state based on solutions (sentences, determinations, resolutions) of courts (further by the text for the purpose of this instruction of "decisions of the courts").

1. The used terms

1.1 For the purpose of this Instruction the following terms are applied: "The confiscated foreign currency" - the currency of foreign states compulsorily and gratuitously withdrawn in property of the state as the sanction for crime or offense, according to the procedure, established by the legislation of the Republic of Uzbekistan.

"Authorized bodies" - the ministry, the state committee or other department of the Republic of Uzbekistan at the disposal of which there is part of the amount of the foreign currency confiscated based on the judgment determined by the legislation of the Republic of Uzbekistan.

2. Procedure for transfer in the budget and return of the confiscated foreign currency

2.1. In case of transfer in budget receipt of the amounts of the confiscated foreign currency which are on deposit accounts, the relevant authorized bodies without fail in bank documents specify:

- surnames of citizens from which the transferred amount was confiscated;

- the name and date of the judgment according to which confiscation is made;

- total amount of the currency confiscated from this person.

2.2. The confiscated foreign currency is subject to return in cases:

- cancellations, changes of the judgment regarding confiscation of property, including confiscation of foreign currency;

- decision of court about release of property, including the confiscated foreign currency (or its parts) from arrest (exception of the inventory).

2.3. Return of earlier confiscated foreign currency is made in that currency which is specified in the judgment, and in the absence of the corresponding foreign currency - in US dollars proceeding from Central Bank rates of the Republic of Uzbekistan on the date of decision of court about return.

2.4. Return of the confiscated foreign currency is made by the Ministry of Finance of the Republic of Uzbekistan in case of documentary confirmation of the fact of receipt of earlier confiscated amount of foreign currency of budget receipt.

At the same time, if from the total amount of the confiscated foreign currency according to the current legislation assignments into accounts of authorized bodies or other organizations were made, then the respective share returns at the expense of currency means of these authorized bodies and the organizations according to the procedure, established by this Instruction.

2.5. The application for return of foreign currency is submitted to the Ministry of Finance of the Republic of Uzbekistan in writing.

The surname, name, the applicant's middle name, its residence, passport number, account number of the applicant in authorized bank of the Republic of Uzbekistan are specified in the statement.

Are enclosed to the application for return of foreign currency certified of the procedure for the copy established by the legislation:

- the documents confirming cancellation of the judgment based on which the foreign currency was confiscated;

- the judgments about release of property (or its parts) from arrest (exception of the inventory).

2.6 The statement for return of the confiscated currency (on condition of appendix to it of the documents specified in Item 2.5. this Instruction) is considered by the Ministry of Finance of the Republic of Uzbekistan within ten days from the date of its receipt.

In the absence of the documents specified in Item 2.5. to this Instruction, the applicant it is in writing reported about impossibility of consideration of its statement in essence with indication of the specific reasons.

2.7. Return of earlier confiscated foreign currency is made by the transfer of foreign currency to the account of the applicant opened according to requirements of Section 4 of "Procedure for the maintaining accounts by authorized banks in foreign currency" approved by Board of the Central bank of the Republic of Uzbekistan 05.09.98 N 232 and registered by the Ministry of Justice of the Republic of Uzbekistan 22.10.98 N 511

2.8 Return of the confiscated foreign currency (except for the foreign currency confiscated from citizens, subsequently rehabilitated), is made if the application for return is submitted no later than one year from the date of cancellation of the judgment based on which this foreign currency arrived in property of the state.

Requirements about return of earlier confiscated foreign currency by the rehabilitated citizen or his heirs (in case of the death of the rehabilitated citizen), can be shown within two years from the moment of receipt of the judgment by them about return of earlier condemned property (including the confiscated foreign currency).

3. Sources of return of the confiscated foreign currency

3.1. Return by the Ministry of Finance of the Republic of Uzbekistan of earlier confiscated foreign currency is performed at the expense of the means arriving into account N 20202840600100001004 "Deposit" (payment of customs fees, the confiscated currency, the state fee for issue of entrance and exit visas and their prolongation, etc.).

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