Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIn accordance with the
Constitution, everyone shall be guaranteed judicial protection of his/her rights, freedoms and legitimate interests.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe court of first instance shall take a decision on the merits of the case, while a court order shall be issued in the cases provided for in
Chapter 18 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишCivil justice in civil matters shall be administered on the basis of equality before the law and the court, regardless of the sex, race, nationality, language, religion, beliefs, social origin, or social status of individuals, as well as regardless of the organizational-legal form, form of ownership, location, or any other circumstances pertaining to legal entities.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe court shall be obliged to resolve cases on the basis of the
Constitution and the laws of the Republic of Uzbekistan. The court shall also apply other acts of legislation if they do not contradict with the Constitution and the laws of the Republic of Uzbekistan.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe grounds for the challenging referred to in
paragraphs 2 and
4 of Article 21 of this Code shall also apply to prosecutor, expert, specialist, interpreter, and court session secretary.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIn the presence of circumstances referred to in
Articles 21 and
22 of this Code, a judge, prosecutor, expert, specialist, interpreter, and court session secretary must recuse themselves. On the same grounds, they may be challenged by those participating in the case.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIf the court of the Republic of Karakalpakstan, regional or Tashkent city courts, after the satisfaction of the refusal for the reasons specified in
Article 21 of this Code, it is not possible to form a new court, the case shall be transferred to the Supreme Court of the Republic of Uzbekistan. In this case, the case is considered in the Supreme Court of the Republic of Uzbekistan or sent to another relevant court by order of the Chairman of the Supreme Court of the Republic of Uzbekistan.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш2) On special proceedings, listed in
Article 293 of this Code;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш3) On cases specified in
Chapter 18 of this Code and resolved under the writ proceedings;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишCases referred to in
Article 26 of this Code shall be considered by interdistrict, district (city) civil courts, except where the consideration of such cases is referred by law to the competence of other courts.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe competence established by
Article 35 of this Code shall not be changed by agreement between the parties.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишPersons involved in the case shall get acquainted with the case materials, receive extracts from them, make copies, file a statement of refusal, provide evidence, participate in the examination of evidence, ask questions, file complaints, petitions to other persons involved in the case and persons assisting in the administration of justice to submit, to give oral and written explanations to the court, to state their arguments on all issues arising during the trial, to file objections, petitions, arguments against other persons, to appeal (protest) against court documents, to demand compulsory execution of court documents , have the right to be present and to exercise their rights in the event of an act by the state executor.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишStatements of claim (applications) to inter-district, district, or city civil courts shall be submitted by prosecutors of the Republic of Karakalpakstan, regions, the city of Tashkent, or equivalent prosecutors, or their deputies. Statements of claim (applications) to the Supreme Court of the Republic of Karakalpakstan, regional courts, or the Tashkent City Court shall be submitted by the respective prosecutors of the Republic of Karakalpakstan, the regions, or the city of Tashkent, or by their deputies.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишParticipants of the trial specified in
Article 52 of this Code shall enjoy the procedural rights provided for in
Article 40 of this Code, as well as shall have the right to support in full or in part the claims asserted to protect the rights, freedoms and legally protected interests of another person, waive them, and give explanations about the claims declared by them. Waiver of the claim filed with the court by the said bodies, organizations and citizens to protect the rights and legally protected interests of another person shall not deprive that person of the right to demand consideration of the case on the merits.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишFor failure to appear on the summons for reasons recognized by court invalid, as well as for evading testifying, the witness may be fined in accordance with the procedure established by
Article 146 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишAn expert has the right to: familiarize themselves with the case materials related to the subject of the expert examination, record necessary information from them or make copies; participate in on-site inspections and file motions for the submission of additional materials and objects of examination necessary for conducting the expert examination; participate in the examination of evidence relevant to the subject of the expert examination during the trial and, with the permission of the court, put questions to the persons participating in the case and to witnesses; inspect material, written, and digital evidence and documents; express in their opinion findings not only on the questions put before them, but also on other matters relevant to the case and within the scope of the subject of the expert examination; make statements, to be entered into the minutes of the court session, regarding the misinterpretation of their opinion or testimony by the persons participating in the case and witnesses; submit an opinion and give testimony in their native language if they do not know or do not sufficiently know the language in which the trial is conducted, and use the services of an interpreter in such a case; appeal against the decisions of the court conducting the case, or the actions (inaction) of the judge in the manner prescribed by law, if these decisions or actions (inaction) violate the rights and freedoms of the expert; recover expenses incurred during the conduct of the expert examination.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe expert shall be obliged to provide the following: In the presence of the grounds provided for by
Article 22 of this Code, immediately recuse himself/herself; conduct a comprehensive and complete examination of the objects submitted to him/her for examination and give a reasoned and objective written opinion on the questions put to him/her; appear in court for personal participation in the court session; give testimony on the examination conducted by him/her and answer additional questions to explain own opinion made; not disclose the information which became known to him/her in connection with the production of the examination; ensure the safety of the examination objects and case materials submitted; observe order during the trial.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишFor unreasoned waiver of providing an opinion, as well as failure to appear on the summons of the court for reasons recognized by court invalid, the expert shall be fined in the manner prescribed by
Article 146 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишFor failure to appear on the summons for reasons recognized by court invalid, as well as for unreasoned waiver of giving advice (explanations), the specialist may be fined in accordance with the procedure established by
Article 146 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишFor unreasoned waiver of performing interpretation, as well as failure to appear on the summons of the court for reasons recognized by court invalid, the interpreter shall be fined in the manner prescribed by
Article 146 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишComplete or partial waiver of the representative's claims under the contract, change their basis or subject, increase or decrease the amount, recognition of the plaintiff's claims, conclusion of a conciliation agreement, mediation agreement or mediation agreement, transfer of powers to another person ( power of attorney to another person), to file a complaint against a court document, to sign applications, to submit a writ of execution for foreclosure, to receive confiscated property or money must be specified in the power of attorney issued by the principal in each case.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишAny factual information that serves as a basis for the court to determine, in the manner prescribed by law, the existence or non-existence of circumstances justifying the claims and objections of the parties, as well as other circumstances of relevance for the correct resolution of the case, shall constitute evidence in a civil case. This information shall be established by the following means, namely: the explanations of the parties, third parties, and their legal representatives, the testimony of witnesses, material, written, and digital evidence, expert opinions, and the advice (explanations) of specialists.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишExplanations of the parties and third parties and witness testimonies may be obtained by using videoconferencing systems in line with the procedure established by
Article 209 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe circumstances confirmed by a notary in the commission of a notarial act shall not require proof if the authenticity of the notarized document has not been refuted in accordance with the procedure established by
Articles 235 and
236 of this Code, or a material breach of the notarial act procedure has not been established.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIn case of failure to notify, as well as in the event of invalidity of the reasons for waiving presentation of written evidence, the court shall impose a fine on the liable officials of the organizations, as well as on citizens in line with the procedure established by
Article 146 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIn the event of failure to notify, as well as if the court's request for the submission of the item is not satisfied for the reasons deemed by court invalid, the liable citizens and officials of the organizations may be fined in line with the procedure established by
Article 146 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe costs for storage of the physical evidence shall be apportioned between the parties in line with the rules established by
Article 138 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe expert opinion (or the opinion of an expert commission) must include the following: the date and place of the examination; the basis for conducting the examination; information about the court that appointed the examination; information about the expert (surname, first name, patronymic, education, specialization, work experience, academic degree, academic title, and current position), as well as information about the enterprise, institution, or organization entrusted with conducting the examination; a warning regarding criminal liability for knowingly providing a false expert opinion; and for disclosing, without the courtʼs permission, information and details of the deliberations of a closed court hearing when the case is considered in a closed session; the questions posed to the expert; the objects of examination and case materials provided to the expert; information about persons present during the examination; the content and results of the examinations, indicating the methods applied, as well as, if the examination is conducted by an expert commission, by whom each part was performed; the evaluation of the examination results and reasoned answers to the questions posed; and circumstances relevant to the case that were identified on the expertʼs own initiative.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIn case of violation of the prohibitions specified in
items 2,
3,
6, and
7 of part one of Article 106 of this Code, the liable persons shall be fined in accordance with the procedure established by
Article 146 of this Code. The plaintiff shall have the right to demand on general grounds the compensation from these persons for the losses caused by the failure to comply with the court ruling on securing the suit.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш3) Defendant is on the wanted list in cases stipulated by
Article 165 of this Code;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш1) Items
one and
two of Article 116 of this Code — until the legal successor or legal representative of an incapacitated person is either involved or appointed to the case;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш2)
Item 3 of Article 116 of this Code — until termination of stay of the party in the active unit of the Armed Forces of the Republic of Uzbekistan;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш3)
Item 4 of Article 116 of this Code — until entry into legal force of the decision or sentence of the court, or until issuance of the ruling on the case being heard administratively, or until completion of investigation;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш4)
Item 5 of Article 116 of this Code, — until the resolution by the competent authority of a foreign State of a procedural request to cancel or suspend an execution of a decision of a foreign court or a foreign arbitration court (arbitration);
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш4
1)
Item 6 of Article 116 of this Code — until the completion of the mediation procedure, but not exceeding sixty days;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш(5)
Item one of Article 117 of this Code — respectively, until termination of stay of the party in the Armed Forces of the Republic of Uzbekistan on active fixed-term military service or until completion by these persons of execution of their State duties;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш6)
Item two of Article 117 of this Code — until the party is discharged from the healthcare institution or the party has recovered from a disease which was preventing it from appearing in court;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш7)
Item 3 of Article 117 of this Code — until the detection of the defendant;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш8)
Item 4 of Article 117 of this Code — until the party returns;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш9)
Item 5 of Article 117 of this Code — until the completion of the expert examination;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш10)
Item 6 of Article 117 of this Code — until the completion of actions on execution of the letter of request.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишThe amounts payable to witnesses, experts, specialists, and interpreters, or those required to cover the costs of on-site inspection shall be paid in advance to the court's deposit account by the party submitted the respective petition. If the said petition is claimed by both parties or if witnesses, experts, specialists, interpreters are summoned or the on-site inspection is carried out upon court's initiative, the required amounts shall be paid by the parties equally. If the expert examination is commissioned upon court's initiative, the amount payable may be paid to the expert by the court from the deposit account. This amount shall be charged from the persons participating in the case, in accordance with this Code, through the transfer to the deposit account of the court when the judicial act is issued.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIf the person delivering the summons or other notice will not catch the citizen summoned in court on the case in a place of his/her residence or work or study, the summons or other notice shall be handed over to any of the adult family members living together with him/her, and in their absence — to a citizens' self-governance body, or the employer (the official of administration), or the educational institution. In the above cases, a person who has accepted a court summons or other notice shall indicate on the second copy his/her surname, name, patronymic and type of relationship with the addressee (spouse, father, mother, son, daughter, etc.) or his/her position. A person who has accepted a court summons or other notice shall be obliged to hand it over to the addressee without delay at the earliest opportunity.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишShould a witness, expert, specialist, or interpreter fail to appear at the court session, the court shall hear the opinion of the persons participating in the case on the possibility of considering the case in the absence of the absent witness, expert, specialist, or interpreter and render a ruling on continuation of the court trial or on postponement of the proceedings of the case. If a summoned witness, expert, specialist, or interpreter does not appear in court for reasons considered invalid by the court, they may be subject to the measures of procedural coercion provided for by this Code. If the summoned witness fails to appear in the court session on the secondary call, he/she may be subjected to attachment by court ruling.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишUpon arrival at the place of inspection, the presiding judge announces the continuation of the court proceedings, which shall be conducted in accordance with the rules established by this Code. The results of the inspection shall be entered into the court hearing record. The record may include all plans, drawings, photographs, calculations, and copies of documents drawn up or examined during the inspection, as well as video recordings, photographs of material, written and digital evidence taken during the inspection, and may also include the expert opinion and the specialistʼs consultation as attachments.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишIf the application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement is submitted in violation of the requirements provided for in Article 358¹ of this Code, as well as the rules of the first, second, fourth, fifth, and sixth parts of this Article, the judge shall return such application in accordance with the rules provided for in
Article 195 of this Code.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олишWhen considering the case in a court session, the court shall determine the existence or non-existence of grounds provided for in
Article 358⁴ of this Code for refusing to issue a writ of execution for the compulsory enforcement of the mediation agreement, and whether the claims stated and obligations established in the mediation agreement have been fully performed or not performed.
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш1) the Judicial Panel for Civil Cases of the Republic of Karakalpakstan Court, regional courts, and the Tashkent City Court — with respect to decisions, rulings, and orders rendered by inter-district, district, and city civil courts, as well as decisions, rulings, and orders issued as a first instance by the Republic of Karakalpakstan Court, regional courts, and the Tashkent City Court;
Ҳужжатга таклиф юбориш
Аудиони тинглаш
Ҳужжат элементидан ҳавола олиш1) the Judicial Panels for Civil Cases of the Republic of Karakalpakstan Court, regional courts, and the Tashkent City Court — with respect to judgments, rulings, and orders issued by inter-district, district, and city civil courts, as well as judgments, rulings, and orders rendered as a first instance by the Republic of Karakalpakstan Court, regional courts, and the Tashkent City Court;