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Unofficial translation
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Economic procedure code of the Republic of Uzbekistan
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Section I. General provisions
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Chapter 1. Principal provisions
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Article 1. Economic proceedings legislation
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Economic proceedings legislation consists of this Code and other acts of legislation.
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Economic proceedings legislation establishes order of adversary and writ proceedings and order of proceedings on specific categories of cases.
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If an international treaty establishes other rules than those contained in the legislation of the Republic of Uzbekistan, the rules of the international treaty shall apply.
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Article 2. Tasks of economic proceedings
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Tasks of economic proceedings are:
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protection of violated or disputed rights or legally protected interests of enterprises, institutions, organizations (hereinafter — legal person) and citizens in economic sphere;
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facilitation of strengthening the legal order and prevention of offences in economic sphere;
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formation of respect for law and court.
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Article 3. Right to appeal to economic court and form of appealing
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Any interested person has the right to appeal to economic court (court) for the protection of its violated or disputed rights or legally protected interests in the manner prescribed by this Code.
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Where provided for by law, other persons may also appeal to court.
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Objection to the right to appeal to court shall be invalid.
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Appeal to court shall be made in form of:
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statement of claim — on disputes arising from civil-law relations;
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statement — on writ proceedings, specific categories of cases and other cases provided for by this Code;
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in the form of an appeal (protest) when appealing to the courts of appeal and cassation, as well as in cases provided for by this Code and other laws.
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Appeal and documents attached to it may be sent to court in the form of electronic document.
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Article 4. Economic case
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Economic case is formed on the basis of documents submitted to the court by persons participating in the case and other participants in the economic proceedings, documents obtained by the court during the consideration of the case, as well as judicial and other acts drawn up on paper.
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Economic case may be formed electronically.
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When forming an economic case in electronic form, the persons participating in the case and other participants in the economic proceedings have the right to submit documents to the court in electronic form, confirmed by their e-signatures. Written documents submitted to the court by persons participating in the case and other participants in the economic proceedings are attached to the case in electronic form, after which the written documents themselves are returned to the persons who submitted them.
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In the event of formation of an economic case in electronic form, judicial acts are confirmed by e-signature of the judge (judges), and the minutes of the judicial sessions and individual procedural actions are confirmed by e-signatures of the presiding judge and the secretary of the court session.
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The transfer of an economic case in electronic form to another court or other body is carried out via telecommunication channels.
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Economic case formed in electronic form may have a hardcopy.
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Article 5. Court documents
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Court adopts judicial acts in the form of a judgment, ruling, resolution and court order.
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Court of first instance, based on the results of considering a case on its merits, adopts a judgment.
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The courts of appellate and cassation instances shall make decisions on the results of consideration of appeals and cassation complaints (protests).
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The decision is made on the results of consideration of the case on an administrative offense, which is delegated by law to the courts.
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Based on the results of consideration of the application on the unconditional claims of the creditor, the court shall issue a court order.
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Judicial documents that are accepted without resolving the content of the case are issued in the form of rulings.
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Judicial documents can be generated in the form of electronic documents using the information system.
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Chapter 2. Principles of economic proceedings
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Article 6. Execution of justice only by court
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Justice on economic cases shall be executed only by court in accordance with the rules established by this Code.
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Article 7. Equality before the law and court
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Consideration of disputes in court shall be carried out on the basis of equality before the law and court of legal persons, regardless of the form of ownership, location, subordination, and citizens, regardless of gender, race, nationality, language, religion, social background, beliefs, personal and social status, and other circumstances.
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Article 8. Independence of judges and their subordination only to the law
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In executing justice, judges shall be independent and obey only to the law.
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Any interventions into the activities of judges concerning the execution of justice shall be inadmissible and entail liability established by the law.
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The guarantees of independence of judges are established by the law.
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Article 9. Adversary principle and equality of the parties
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Economic proceedings shall be carried out on the basis of adversary principle and equality of the parties.
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Article 10. Language of the proceedings
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Economic proceedings shall be conducted in Uzbek, Karakalpak languages or in the language of the majority of the population of a locality.
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Participants in a court proceedings who do not speak the language in which the proceedings are being conducted shall be ensured the right to be acquainted with the materials of the case and participate in procedural actions through an interpreter, and to speak at the court in their native language or freely chosen language of communication.
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Judicial acts adopted during the court proceedings must be made in the language in which the court session was held.
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Article 11. Publicity of proceedings
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Consideration of cases in economic courts shall be open for the public.
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Case consideration in a closed court session is allowed, when it is necessary to protect state secrets, commercial or other secrets protected by law. Hearing of a case in a closed court session via videoconferencing and its audio and video recording are not allowed.
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When hearing a case in a closed court session, case forming in electronic form shall not be allowed.
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A ruling shall be issued on a case considered in a closed court session.
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Court judgment shall always be announced publicly.
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Judicial acts that have entered into legal force shall be published on the official website of the court upon the consent of the parties or with anonymization, with the exception of judicial acts adopted in a closed court session.
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Article 12. Directness of judicial proceeding
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Court, when considering a case, is obliged examine directly all evidence on the case.
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Article 13. Adjudication of cases based on legislation
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Court shall adjudicate cases on the basis of the Constitution and laws of the Republic of Uzbekistan, other acts of legislation, as well as international treaties of the Republic of Uzbekistan.
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Court, after having established, at consideration of a case, a non-conformity of the act of a state or other body to the legislation, including issuance thereof with abuse of powers, shall make a judgment in accordance with legislation.
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In the absence of norms of legislation regulating the disputable relations, a court shall apply those norms of legislation which regulate similar relations, and in the absence of these norms — shall consider the case outgoing from the general principles and sense of legislation.
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When considering cases on disputes between business entities and state bodies, including law enforcement and regulatory bodies, as well as banks, all persistent contradictions and ambiguities in legislation arising in connection with the implementation of entrepreneurial activity shall be interpreted in favor of the business entity.
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Court, in accordance with the legislation or an international treaty of the Republic of Uzbekistan, shall apply norms of law of other states.
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Article 14. Application of norms of foreign law
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In case of application of the foreign law, court shall establish the contents of the norms thereof in accordance with their interpretation and practice of application in the corresponding foreign country.
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With the aim to establishing the contents of the norms of the foreign law, court is entitled to apply, in accordance with the established procedure, for assistance and explanation to the competent bodies and organizations in the Republic of Uzbekistan and in foreign countries, or to engage specialists.
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The persons participating in the case are entitled to present the documents confirming the contents of the norms of the foreign law, to which they refer for justification of their claims and objections, and otherwise assist the economic court in establishing the contents of such norms.
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Should the contents of the norms of the foreign law fail to be established despite the actions undertaken, the economic court shall apply the corresponding norms of law of the Republic of Uzbekistan.
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Article 15. Obligatoriness of judicial acts
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Judicial acts that entered into legal force are binding for all state bodies, bodies of self-government, other bodies, public associations, enterprises, institutions, organizations, officials and citizens and shall be subject to enforcement in the whole territory of the Republic of Uzbekistan.
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Failure to comply with judicial acts shall entail the liability established by this Code and other laws.
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Chapter 3. Court composition
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Article 16. Case consideration by a single judge and by collegiate composition
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Cases of first instance in all courts shall be considered by a single judge.
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Consideration of cases in the order of appeal and cassation is carried out by a panel of three judges.
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The review of the case in the cassation procedure shall be carried out by a panel of five judges.
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When the case is heard by a panel, one of the judges presides over the hearing.
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All judges shall enjoy equal rights in the proceedings.
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If, under this Code, a judge is empowered to hear a case individually and resolve certain issues, the judge shall act on behalf of the court.
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Article 17. Formation of court composition
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Composition of the court for a particular case is formed using an automated information system, taking into account the scope of work and specialization of judges, with the exception of the influence of persons interested in the outcome of the trial.
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The case, the consideration of which has been started by one judge or the composition of the court, must be considered by the same judge or the composition of the court.
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Replacement of a judge or one of the judges may be made in case:
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of challenge or self-withdrawal of a judge, declared and upheld in the manner prescribed by this Code;
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of impossibility to consider the case due to the absence of the judge.
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After replacement of the judge, the consideration of the case shall be made from the beginning.
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Article 18. Order of resolving disputes by collegiate composition of judges
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Issues arising during consideration of the case by the court in the collegiate composition shall be resolved by the judges by the majority of the votes. No judge is entitled to abstain from voting. The judge presiding in the judicial session shall vote the last.
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Judge, who disagrees with the decision of the majority, is obliged to sign a judicial act and is entitled to expose his dissenting opinion in writing, which shall be attached in a sealed envelope to the case file, but not declared. Dissenting opinion of the judge shall not be declared to the persons participating in the case.
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Court of higher instance has the right to read the dissenting opinion of the judge.
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Article 19. Inadmissibility of repeat participation of the judge in consideration of the case
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A judge who participated in the hearing of the case in the court of first instance may not participate in the retrial of the case in the court of first instance, if the decision of the court was overturned by the court of appeal or cassation, except in cases of newly opened cases.
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A judge who participated in the hearing of the case in the court of first instance may not participate in the hearing of the case in the court of appeal or cassation.
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A judge who participated in the hearing of the case in the court of appellate instance may not participate in the consideration of the case in the court of first instance or the court of cassation.
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A judge who participated in the hearing of the case in the court of cassation may not participate in the retrial of the case in the court of first instance or appellate instance or in accordance with Article 3051 of this Code in the court of cassation.
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Chapter 4. Challenge of a judge and other participants in the proceedings
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Article 20. Challenge of the judge
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The judge may not participate in consideration of the case and shall be subject to challenge, if:
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1) at previous consideration of this case, he participated therein as the judge, and his repeated participation in consideration of the case is inadmissible according to the requirements of this Code;
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2) at previous consideration of this case, he participated therein as the judge of the court of arbitration, public prosecutor, expert, specialist, interpreter, secretary of the judicial session, representative or witness;
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3) he is a relative of the persons participating in the case, or of their representatives;
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4) he is personally directly or indirectly interested in the outcomes of the case, or there are other circumstances that can cause doubts in his impartiality;
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5) he is a relative of the judge who is the member of the collegiate composition considering the case.
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Article 21. Challenging the public prosecutor, expert, specialist, secretary of the judicial session and interpreter
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The public prosecutor, expert, specialist, secretary of the judicial session or interpreter may not participate in consideration of the case and shall be subject to challenge if:
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1) they are a relative of the persons participating in the case, or of their representatives;
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2) they are personally directly or indirectly interested in the outcomes of the case, or there are other circumstances that can cause doubts in their impartiality.
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The grounds for challenging an expert and a specialist shall also be:
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1) their service or other dependence on the persons participating in the case, or their representatives at the moment of consideration of the case or in the past;
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2) performance by them of inspections, the materials of which have served as grounds or reason for applying to the court, or are used at consideration of this case.
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Article 22. Declaration of challenge or self-withdrawal
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There being cause, as specified in articles 20 and 21 of this Code, the judge, the public prosecutor, expert, specialist, secretary of the judicial session and interpreter shall be obliged to declare self-withdrawal. On the same grounds, their challenge may be declared by the persons participating in the case. A challenge to the public prosecutor, expert, specialist, secretary of the judicial session, interpreter may also be considered on the initiative of the court.
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A self-withdrawal or challenge shall be motivated and declared prior to the beginning of consideration of the case on its merits.
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During consideration of the case, the declaration of self-withdrawal or challenge is allowed only when the grounds of self-withdrawal or challenge became known to the person declaring self-withdrawal or challenge after the beginning of consideration of the case on its merits.
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A repeat challenge on the same grounds may not be declared by one and the same person. If such repeat challenge declared, it shall not be considered.
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Article 23. Order of consideration of the declared challenge
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In case of declaration of a challenge, the court shall hear the opinions of the persons participating in the case and also of the person to which the challenge has been declared, if the challenged person wishes to give explanations.
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The issue of the challenge of the judge, who is considering the case alone, shall be resolved by the chairperson of the court, and in a single-judge court — by the same judge.
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The issue of the challenge of the judge at consideration of the case in collegiate composition shall be resolved by the same composition of the court by the majority of the votes, in the absence of the judge, who has been challenged. At equal number of votes cast for and against the challenge, the judge shall be considered removed.
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The issue of the challenge declared to several judges or to the whole collegiate composition of the court, which is considering the case, shall be resolved by the same composition by a simple majority of votes.
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The issue of a challenge and self-withdrawal of the public prosecutor, expert, specialist, secretary of the judicial session and interpreter shall be resolved by the court, which is considering the case.
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The issue of the self-withdrawal of the judge shall be resolved by the court in the manner prescribed by this article.
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On the results of consideration of the issues of challenge, a ruling shall be issued.
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Article 24. Consequences of satisfaction of declaration of challenge
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In case of satisfaction of self-withdrawal or challenge of the judge, several judges, or of the whole composition of the court, the case shall be considered at the same court by another composition of judges.
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If as a result of satisfaction of self-withdrawals or challenges, it is impossible to form a new composition of the court for consideration of the case at the same court, this case must be transferred to another court.
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Chapter 5. Jurisdiction and competence on economic cases
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§ 1. Jurisdiction
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Article 25. Jurisdiction of cases
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Economic court has jurisdiction over:
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1) cases on disputes, arising in the economic sphere from civil, administrative and other legal relations between legal persons and citizens engaged in entrepreneurial activities without forming a legal person and having the status of an individual entrepreneur, acquired in the manner prescribed by law, as well as citizens who are parties in the consideration of cases on corporate disputes (hereinafter — citizens);
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2) cases on establishment of the facts having legal meaning for arising, changing or termination of the rights of legal persons and individual entrepreneurs in economic sphere (hereinafter — on establishment of the facts having legal meaning);
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3) bankruptcy cases;
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4) cases related to arbitration proceedings;
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41) cases related to arbitration proceedings;
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4²) cases for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement;
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5) cases on corporate disputes, specified in article 30 of this Code, with the exception of labor disputes;
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51) cases on investment disputes specified in Article 301 of this Code;
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52) competition-related cases specified in Article 302 of this Code;
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6) cases on recognition and enforcement of foreign court judgments and arbitral awards.
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The court also has jurisdiction over cases on disputes with participation of citizens, who have lost the status of an individual entrepreneur, in cases where the relevant claims arise from their previous business activities.
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Other cases may also be attributed to the jurisdiction of the court by law.
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Court considers cases under its jurisdiction with participation of legal persons and citizens of the Republic of Uzbekistan, as well as foreign legal persons, international organizations, foreign citizens, and stateless persons, who carry out entrepreneurial activities, unless otherwise provided by an international treaty of the Republic of Uzbekistan.
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In case of combining several related claims, some of which fall under the jurisdiction of the economic court, and others — under the jurisdiction of the civil court, all these claims shall be subject to consideration in the civil court.
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It is not permissible to combine several related claims, of which some fall under the jurisdiction of the administrative court, and others — under the jurisdiction of the economic court.
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The cases referred to in paragraphs 41, 5 and 51 of part one of this Article are considered by the court regardless of whether legal entities or individuals are participants in the legal relations from which the dispute arose.
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Article 26. Disputes settled by economic court
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Economic court shall settle disputes:
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1) on disagreements arising at the conclusion of a contract, the obligatory conclusion of which is provided for by law;
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2) on disagreements arising from the conclusion of a contract, the transfer of which to the court is agreed by the parties to the contract;
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3) on amendment or termination of a contract;
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4) on declaring a transaction invalid;
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5) on non-performance or improper performance of obligations;
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6) on declaration of ownership;
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7) on reclamation of property from another's adverse possession by the owner or another lawful possessor;
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8) on violation of ownership rights to the objects of intellectual activity and means of identification of parties to a civil transaction of goods, works and services;
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9) on violation of the rights of the owner or another lawful possessor, not related to dispossession;
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10) on damages for losses;
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11) on protection of business reputation;
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12) on recognizing as not subject to execution an executive or other document, according to which collection is carried out in an indisputable (non-acceptance) manner, with the exception of an executive or other document, according to requirements arising from administrative and other public legal relations;
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13) on recovery of penalties from legal persons and citizens by regulatory authorities, if law does not provide for their uncontested (acceptance-free) recovery;
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14) on the return from the budget in an uncontested (acceptance-free) manner of funds collected by the regulatory authorities in violation of the requirements of the legislation.
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The court shall also settle other disputes attributed to its competence by law.
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Article 27. Bankruptcy cases
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Bankruptcy cases include cases on declaring bankrupt legal persons and citizens, engaged in entrepreneurial activity without forming a legal person and having the status of an individual entrepreneur, acquired in accordance with the procedure established by law, as well as individuals who have lost the status of an individual entrepreneur, unable to satisfy creditors' claims for monetary obligations and (or) fulfill obligations under mandatory payments, if monetary obligations and obligations under mandatory payments arise from their previous business activities.
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Article 28. Cases related to arbitration
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Cases related to arbitration proceedings include cases on:
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1) adoption of measures for security of a claim;
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2) appealing against arbitral awards;
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3) issuance of executive documents on compulsory enforcement of awards of arbitration courts.
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Cases specified in part one of this article shall be considered by economic courts in accordance with the general rules of economic proceedings, with distinctions, specified in chapters 8, 28 and 29 of this Code.
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Article 281. Cases related to arbitration proceedings
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Cases related to arbitration proceedings provided for by the Law of the Republic of Uzbekistan "On International Commercial Arbitration" include cases on applications:
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1) on the appointment of an arbitrator;
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2) on the satisfaction of the arbitrator's challenge;
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3) on making a decision regarding the termination of the powers of the arbitrator;
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4) on making decisions on the jurisdiction of the arbitration court;
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5) on the recognition and enforcement of interim measures;
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6) on the adoption of interim measures;
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7) on assistance in obtaining evidence;
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8) on the cancellation of the arbitration award;
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9) on the recognition and enforcement of the arbitral award.
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The cases listed in the first part of this Article are considered by economic courts according to the general rules of economic legal proceedings, taking into account the features specified in Chapter 291 of this Code.
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The cases listed in paragraphs 1 — 4, 7 and 8 of the first part of this article are considered by economic courts only if the place of arbitration is located in the Republic of Uzbekistan.
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Article 29. Transfer of disputes for arbitration
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By agreement of the parties, a dispute arising or likely to arise from civil relations and falling under jurisdiction of the economic court, before its judgment has been made, may be transferred to an arbitration court.
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Article 30. Cases on corporate disputes
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Cases on corporate disputes include:
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1) disputes on creation, reorganization and liquidation of legal persons;
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2) disputes on the ownership of shares, shares in the authorized capital (authorized capital) of business entities and partnerships, shares of members of cooperatives, the establishment of their encumbrances and the exercise of the rights arising from them, with the exception of disputes arising in connection with the division of inherited property or the division of the common property of spouses, which includes shares, shares in the authorized capital (authorized capital) of business entities and partnerships, shares of members of cooperatives;
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3) disputes on claims of participants (founders, members) of a legal person on declaring the transactions made by the legal person invalid and (or) enforcing the consequences of the invalidity of such transactions;
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4) disputes on the issue of securities, including challenging decisions of the issuer's governing bodies, challenging of the transactions made during the placement of emission securities, reports (notifications) on the results of the issue (additional issue) of emission securities;
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5) disputes arising from the activities of nominee holders of securities related to the registration of rights to shares and other securities, the exercise by them of other rights and obligations provided by law in connection with the placement and (or) circulation of securities;
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6) disputes on convening a general meeting of participants of a legal person;
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7) disputes on appeals against decisions of the governing bodies of a legal person.
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Other disputes may also be attributed to cases on corporate disputes by law.
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Article 301 Investment Disputes
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Cases on Investment Disputes include:
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1) disputes related to the conclusion, amendment and termination of investment agreements;
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2) disputes over invalidation of investment agreements;
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3) disputes related to the execution of the investment agreement;
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4) disputes related to the fulfillment by the investor of tax, customs, social, environmental and other obligations arising from the investment agreement;
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5) disputes on recovery of property transferred to the investor under the investment agreement or recovery of penalty and (or) compensation for losses under such agreement.
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Article 302 Competitive work
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Disputes arising from relations in the field of competition in the commodity and financial markets between legal entities, including foreign legal entities, economic management bodies, individual entrepreneurs and the antimonopoly body are included in the scope of competition.
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Article 31. Cases on recognition and enforcement of judgments of foreign courts and arbitral awards
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Cases on recognition and enforcement of judgments of foreign courts and arbitral awards:
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recognition and enforcement of judgments of foreign courts adopted by them on disputes arising in the implementation of entrepreneurial and other economic activities;
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recognition and enforcement of arbitration awards of foreign arbitration courts adopted by them on disputes arising in the implementation of entrepreneurial and other economic activities.
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Article 311. Transfer of case materials from the Economic court to another court under jurisdiction
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If a claim is submitted to the economic court in violation of the rules of jurisdiction, the statement of claim (application) is submitted for consideration to the civil court or the administrative court of jurisdiction.
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If during the consideration of the case it is revealed that the statement of claim (application) was accepted for production in violation of the rules of jurisdiction, the economic court issues a ruling on the transfer of the case materials to the civil court or the administrative court of jurisdiction and the termination of economic proceedings.
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The ruling on the transfer of the statement of claim (application), case materials from the economic court to another court under jurisdiction can be appealed (protested).
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The statement of claim (application), the case materials transferred from the economic court to another court under jurisdiction must be accepted by the court to which they are transferred.
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Disputes on jurisdiction between courts are not allowed in the Republic of Uzbekistan.
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§ 2. Court competence
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Article 32. Cases falling within competence
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Cases related to the court are considered by inter-district, district (city) economic courts, except for cases belonging to the Supreme Court of the Republic of Uzbekistan and the Court of the Republic of Karakalpakstan, regional and Tashkent city courts.
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Court of the Republic of Karakalpakstan, regional and Tashkent city courts:
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cases in which one of the parties is a non-resident of the Republic of Uzbekistan — a foreign person;
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related to arbitration proceedings;
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considers cases on recognition and enforcement of decisions of courts and arbitrations of foreign states.
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Disputes arising from economic agreements between public administration bodies and local public authorities shall be considered by the Supreme Court of the Republic of Uzbekistan.
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The Supreme Court of the Republic of Uzbekistan, taking into account the special circumstances, has the right to withdraw any case from any court and accept it in its proceedings in the first instance, to transfer the case from one court to another.
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At the request of the major investor in investment disputes, the parties to competition cases, this category of cases is considered directly by the Supreme Court of the Republic of Uzbekistan, the remaining investment disputes are considered by the courts of the Republic of Karakalpakstan, regional and Tashkent city courts.
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Article 33. General rules of court competence
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Claims to legal persons shall be presented to the court at the place of their state registration.
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Claims to legal persons resulting from the activities of their separate subdivision shall be presented to the court at the place of state registration of their separate subdivisions.
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Claims to citizens shall be presented to the court at the place of their state registration as an individual entrepreneur.
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Article 34. Court competence determined at the choice of the plaintiff
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Claims to several respondents located in different places shall be submitted at the choice of the plaintiff to the court at the place of state registration of one of the respondents.
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A claim to the respondent whose place of state registration is unknown may be submitted to the court at the location of his property or at his last known location.
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A claim to the respondent who is the citizen of the Republic of Uzbekistan and is located in the territory of another state may be submitted at the location of the plaintiff or at the location of the property of the respondent.
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A claim resulting from a contract, in which the place of execution is specified, may be submitted at the place of execution of the contract.
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Claims related to the investment activity of a non-major investor may be submitted to the district (city), inter-district economic court or the court of the Republic of Karakalpakstan, regional and Tashkent city courts in the place of responsibility.
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Claims related to the investment activities of a large investor, as well as claims arising from the relationship in the field of competition in commodity and financial markets may be submitted to the district (city), inter-district economic court or the Supreme Court of the Republic of Uzbekistan.
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Article 35. Court competence on cases on establishing the facts having legal meaning
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Cases on establishing the facts having legal meaning shall be considered by the court at the place of state registration of the complainant.
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Cases on establishing the facts having legal meaning for creation, change or termination of a right to immovable property shall be considered at the location of the immovable property.
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Article 36. Court competence of bankruptcy cases
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Bankruptcy cases of legal persons and citizens shall be considered by court at the place of state registration of the debtor.
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Article 37. Exclusive court competence
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Claims on recognition of the ownership to immovable property, disputes on immovable property, including on vindication of the property from some else's illegal possession or about elimination of infringements of the ownerʼs rights or another lawful possessor, not related to deprivation of the right of possession, and other claims on the rights to immovable property shall be submitted to the court at the location of the immovable property.
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Claims to a carrier resulting from contracts of carriage of passengers, luggage, and freight, including when the carrier is one of the respondents, shall be submitted to the court at the location of a body of the transport organization.
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Statements on cancellation of the award of a court of arbitration shall be submitted to the economic court at the location of the court of arbitration.
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A statement on adoption of measures for security of a claim considered in a court of arbitration, as well as on issuance of a writ of execution for enforcement of the award of a court of arbitration shall be submitted to the economic court at the location of the court of arbitration or the place of state registration of the debtor, or, if the place of state registration of the debtor is unknown, at the location of his property.
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An application for the appointment of an arbitrator, satisfaction of the arbitrator's challenge, making a decision on the termination of the arbitrator's powers, making decisions on the jurisdiction of the arbitration court, assistance in obtaining evidence, as well as on the cancellation of the arbitration award is filed with the economic court at the place of arbitration.
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An application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be submitted to the economic court at the place of state registration of the party that failed to voluntarily fulfill the mediation agreement, or, if its place of state registration is unknown, at the location of its property.
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An application for recognition and enforcement of interim measures, the adoption of interim measures on a claim considered in an arbitration court, is filed with the economic court at the place of arbitration or state registration of the debtor or, if the place of state registration of the debtor is unknown, at the location of his property.
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Claims in corporate disputes shall be submitted at the location of the legal person specified in article 30 of this Code.
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A counterclaim shall be submitted to the court at the location of consideration of the initial claim.
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Article 38. Contractual court competence
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The court competence established in accordance with articles 33 and 34 of this Code may be changed under an agreement of the parties.
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Article 39. Transfer of the case from one court to another
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The case accepted by the court to its proceedings with observance of the rules of court competence must be considered by it on the merits, even if later it should become falling within the competence of another court.
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The court shall transfer the case for consideration of another court if:
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1) at consideration of the case in this court, it has been established that it was accepted to proceedings with infringement of the rules of court competence;
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2) after challenging one or several judges, their replacement in this court has become impossible, as well as in other cases, as well as if consideration of the case in this court is impossible for other reasons.
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A ruling shall be issued on transfer of the case for consideration of another court.
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The case directed from one court to another is subject to be accepted for proceedings by the court to which it is directed.
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Disputes on court competence between the economic courts in the Republic of Uzbekistan are not allowed.
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Chapter 6. Participants of economic proceedings
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§ 1. Participants, rights and duties of participants of economic proceedings
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Article 40. Participants of economic proceedings
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Participants of economic proceedings are a court, persons participating in the case and persons assisting in the administration of justice.
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Article 41. Persons participating in the case
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The persons participating in the case are parties, third parties, public prosecutor, state bodies and other persons by virtue of their powers, as well as complainants and other interested persons in certain categories of cases provided for by this Code.
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Article 42. Rights and duties of the persons participating in the case
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The persons participating in the case have the right to get acquainted with the materials of the case, to make excerpts from them, and to make copies of these materials, to declare challenges, to present evidence, to participate in examination of evidence, to ask questions, to present petitions, to make statements, to give written and oral explanations to the court, to bring their arguments and conclusions on all issues arising during consideration of the case, to object to petitions and arguments of other persons participating in the case, to appeal (protest) against court resolutions and to exercise other procedural rights granted to them by this Code.
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The persons participating in the case shall bear the procedural duties provided by this Code and use honesty all the procedural rights belonging to them.
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The parties to a corporate dispute have the right to request from each other and from witnesses all documents that may be relevant to the case before the court, with the exception of documents constituting a state secret or other secret protected by law.
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Article 43. Parties
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The parties in the economic proceedings are the plaintiff (complainant) and the respondent.
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Plaintiffs are legal persons and citizens who have presented a claim with the aim to protect their rights and legitimate interests, or with the aim to protect whose interests the claim has been presented.
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Respondents are legal persons and citizens, toward which the claim has been presented.
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Complainants are legal persons and citizens who presented statements on certain categories of cases and other cases provided for by this Code.
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The parties enjoy equal procedural rights.
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Article 44. Participation of several plaintiffs or respondents in the case
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A claim can be submitted jointly by several plaintiffs (co-plaintiffs) or to several respondents (co-respondents) at the same time.
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Each plaintiff or respondent act independently with regards to the other party in the proceedings.
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Co-participants are entitled to entrust the conducting of the case to one of their co-participants.
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In case of impossibility to consider the case without participation of the other respondent, the court of first instance, before adopting a judgment, with the consent of the plaintiff (plaintiffs), shall attract another respondent (other respondents) to take part in the case.
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If the legislation provides for mandatory participation in the case of another respondent, the court, on its own initiative, shall attract this respondent to take part in the case.
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The court shall attract another respondent to take part in the case also at the request of the plaintiff.
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Concerning an attraction or a refusal to attract another respondent to participation in the case a ruling shall be issued.
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In case of attraction of another respondent to participation in the case, the consideration of the case shall be performed from the beginning.
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Article 45. Replacement of improper respondent
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The court, having established that the claim had been submitted not to the proper person, who should respond under the claim, is entitled to admit, with the consent of the plaintiff, a replacement of the improper respondent for the proper one.
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If the plaintiff disagrees with a replacement of the respondent, the court is entitled to attract, with the consent of the plaintiff, this person as the second respondent.
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The court shall make ruling on replacement of the improper respondent.
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After replacement of the improper respondent the consideration of the case shall be performed from the beginning.
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Article 46. Procedural legal succession
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In case of retirement of a party from the disputed or established by a legal act legal relation (reorganization of a legal person, assignment of the right to claim, delegation of the debt, death of a citizen, and other cases of change of persons in obligations), the court shall replace this party with its legal successor.
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The legal succession is possible on any stage of economic proceedings.
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The court shall make ruling on replacement of the party with its legal successor.
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Rulings of the courts about the replacement of a party with its legal successor may be appealed against (protested).
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After replacement of the party with its legal successor the economic proceedings shall be renewed from the procedural action on which it has been suspended.
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For the legal successor all actions accomplished in the proceedings up to his entering the case are binding to the extent to which they would have been binding for the person who has been replaced by the legal successor.
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Article 47. Third parties declaring independent demands to the subject of the dispute
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The third parties declaring independent demands to the subject of the dispute are entitled to enter the case prior to adoption of a ruling by first instance court. They shall enjoy all rights and perform all duties of the plaintiff, with the exception of the duty to observe the pre-trial (pre-action) procedure of settling disputes with the respondent.
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If the third party who has declared independent demands to the subject of the dispute has entered the case after the beginning of the proceedings, the consideration of the case shall be performed from the beginning.
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Article 48. Third parties who do not declare independent demands to the subject of the dispute
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Third parties who do not declare independent demands to the subject of the dispute may enter the case on the side of the plaintiff or the respondent prior to adoption of the judgment of first instance court, if judgment can affect their rights or duties in relation to one of the parties. They may be attracted for participation in the case also upon the request of the party or on the initiative of the court.
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The third parties who do not declare their independent demands to the subject of the dispute enjoy the procedural rights and execute the procedural duties of the party, with the exception of the rights to change the grounds or the subject of the claim, increase or decrease the size of the stated claims, abandon the claim, admit the claim or conclusion of an amicable or mediation agreement, present a counterclaim, and demand enforced execution of the judicial act.
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Rulings shall be made on the attraction for participation in the case of the third parties who do not declare their independent demands to the subject of the dispute or on their refusal thereof.
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If the third party who does not declare independent demands to the subject of the dispute has entered the case after the beginning of the proceedings, the consideration of the case shall be performed from the beginning.
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Article 49. Participation of the public prosecutor in the case
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Prosecutors of the Republic of Karakalpakstan, regions, Tashkent city, districts (cities) and equivalent prosecutors, courts of the Republic of Karakalpakstan, and regional and Tashkent city courts - the Republic of Karakalpakstan, regions, Tashkent city prosecutors or their deputies.
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The Prosecutor General of the Republic of Uzbekistan or his deputy has the right to submit a statement of claim (application) to all economic courts of the Republic of Uzbekistan.
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A prosecutor may participate only in cases provided by law or in cases initiated on the basis of a prosecutor's statement (application). A prosecutor may not take part in the hearing of a case initiated on the application of other persons on his own initiative.
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The prosecutor participating in the case shall express his opinion on the merits of the case, except for the cases initiated on his application (petition) for the protection of the rights and legally protected interests of other persons.
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The prosecutor who has filed a statement of claim (application) in the interests of a citizen, legal entity and the state shall exercise the rights of the plaintiff and assume his obligations, except for the right to enter into a settlement agreement or mediation agreement.
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The waiver by the prosecutor of his statement of claim (application) shall not deprive the plaintiff (applicant) of the right to demand a substantive review of the case.
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The plaintiff's waiver of the claim filed by the prosecutor in order to protect the plaintiff's rights shall result in the dismissal of the statement of claim (application).
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Article 50. Participation of state bodies and other persons in the case
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In cases provided by the legislation, state bodies and other persons are entitled to present a statement of claim (statement) in defense of rights and legally protected interests of legal persons, citizens, the public and the state. These bodies and persons that have submitted the claim enjoy all rights and bear the duties of the plaintiff, with the exception for the right to conclude an amicable or mediation agreement.
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An abandonment by the body or other person of the statement of claim (statement) presented by them does not deprive the plaintiff (complainant) of the right to demand the consideration of the case on its merits.
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An abandonment by the plaintiff (complainant) of the statement of claim (statement) which has been presented in defense of his rights by the state body or other person shall entail suspension of the consideration of the statement of claim (statement).
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Article 51. Persons who assist execution of justice
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Apart from the persons participating in the case, other persons who assist execution of justice may take part in the economic proceedings — witnesses, experts, specialists and interpreters.
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Article 52. Secretary of the court session
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Judge assistant (senior judge assistant), on instructions of the judge, shall perform actions necessary to prepare cases for court proceedings, notify the persons participating in the case about the time and place of the court proceedings and confirm their appearance in court, find out the reasons for their failure to appear and report this to the judge, keep a record of the performed procedural actions, carry out other orders of the judge related to the preparation and conduct of the court session, as well as the direction of the judicial act for execution.
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At the performing of the procedural actions specified in part one of this article, the judge assistant (senior judge assistant) shall act as the secretary of the court session.
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Article 53. Witness
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A witness may be a person who is aware of the data and about the circumstances important for correct resolution of the dispute by the court.
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The following persons cannot be witnesses:
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representatives on a civil, economic and administrative case or the persons acting as defense counsel on a criminal case, attorneys on cases on administrative offences, mediators — about the circumstances that became known to them in connection with the performance of the duties of a representative, defense attorney, lawyer or mediator;
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arbitrators, experts appointed by the arbitral tribunal, employees of the arbitration institution,— about the circumstances that became known to them during the arbitration proceedings;
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persons who by virtue of their physical or mental problems are not capable to correctly perceive the facts or to give correct evidence about them.
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Article 54. Rights and duties of the witness
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A witness has the right to use the legal assistance of a lawyer, to testify in his native language, if he does not speak or does not know well enough the language in which economic proceedings are conducted, and in this case to use the services of an interpreter, to state his testimony with his own hand, to use written notes and documents when giving testimony.
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A witness shall appear at the court on the court summon and give truthful testimony on the data and circumstances of the case known to him, answer the questions of the judge and of the persons participating in the case, and observe order during the court session.
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For giving knowingly false evidence the witness shall be liable to be prosecuted, whereof he shall be warned by the court against receipt
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Nobody shall be forced to give evidence against himself and close relatives.
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The obligation to give testimony shall not apply to persons who, in accordance with the law, have the right to refuse to give testimony on the facts and circumstances which became known to them in connection with performance of professional duties.
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Article 55. Expert
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An expert may be an individual who has special knowledge in the field of science, engineering, arts or craft, required to make a conclusion.
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An expert from a state forensic institution, an expert from a non-state forensic organization, an employee of another enterprise, institution, organization or other individual can act as an expert.
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Persons who have been declared legally incapable or partially incapable, as well as persons who have an outstanding or unexpunged conviction for committing intentional crimes, cannot be attracted as an expert.
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Article 56. Rights and duties of the expert
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The 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 judgments of the court conducting the case, or the actions (inaction) of the judge in the manner prescribed by law, if these judgments or actions (inaction) violate the rights and freedoms of the expert.
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The expert is obliged to: there are being grounds provided for in articles 20 and 21 of this Code, immediately withdraw; conduct a comprehensive and complete study of the objects of examination presented to him, to give a reasoned and objective written opinion on the questions posed to him; appear upon summons of the court for personal participation in the court session; give testimony about his expertise and answer additional questions to clarify his conclusion; not to disclose information that became known to him in connection with the performance of the expert examination; ensure the safety of the presented objects of examination and case materials; keep order during the court session.
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An expert shall bear criminal liability for knowingly giving a false opinion, and for disclosing information and details of a closed court session without the permission of the court.
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If the asked questions fall outside the boundaries of special knowledge of the expert or submitted objects of examination or materials are inappropriate or not sufficient for preparation of a conclusion and cannot be supplemented or the state of science and forensic practice does not allow answering the posed questions, he shall draw up a reasoned statement about impossibility to draw a conclusion and submit it to the court which commissioned the expert examination.
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Article 57. Specialist
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For participation in a court session or procedural actions in order to assist in the collection, research and evaluation of evidence by providing consultations (explanations) and assistance in the use of scientific and technical means, the court may attract as a specialist an adult person who is not interested in the outcomes of the case and has special knowledge and skills in the field of science, technology, arts or craft.
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A ruling shall be issued on attracting a specialist to participate in the court session.
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Presentation of the court summons is mandatory for the employer of the specialist.
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Article 58. Rights and duties of the specialist
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A person summoned as a specialist has the right: to know the purpose of his summoning; to refuse to participate in the proceedings if he does not have the appropriate special knowledge and skills; upon a permission of the court, to ask questions from the participants in the procedural action; to draw the attention of the participants in the procedural action to the circumstances associated with his actions when assisting in the collection, research and evaluation of evidence, when using scientific and technical means, preparing materials for the assignment of the examination; to get acquainted with the minutes of the procedural action in which he took part, as well as with the relevant part of the minutes of the court session and make statements and comments to be entered into the minutes regarding the completeness and correctness of the recording of the course and results of the actions carried out with his participation; receive reimbursement of expenses related to the participation in the performance of procedural actions, and remuneration for the work performed, if participation in the proceedings on the case is not within the scope of his official duties.
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A person appointed as a specialist is obliged to: appear upon the summons of the court; participate in the performance of procedural actions and in the court hearing using specialized knowledge, skills, and scientific and technical means; give advice; provide explanations regarding the actions performed by them; and not disclose information and details of a closed court session without the permission of the court.
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If a specialist does not appear when summoned by the court without an excuse recognized as valid by the court, as well as unjustifiably refuses to give consultations (explanations), he may be subject to a court fine in the manner prescribed by chapter 14 of this Code.
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The imposition of a fine shall not relieve a specialist from the obligation to appear and give consultations (explanations).
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Article 59. Interpreter
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The interpreter is a person who knows languages the knowledge of which is necessary for interpretation and attracted by the court in the instances provided by this Code. The participants of the economic proceedings are not entitled to take up the duties of interpreter, even if they knew languages necessary for translation.
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Article 60. Rights and duties of the interpreter
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The interpreter is entitled: to ask questions to the participants of the court proceedings with the aim to clarify the sense of translated words and expressions; to refuse to participate in the court proceedings, if he does not have the appropriate knowledge for translation; to get acquainted with the minutes of the judicial session; to make remarks on the correctness of the recording of the translation.
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The interpreter is obliged:
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to appear on the court summons;
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to translate accurately, completely and correctly;
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to keep order during a court session.
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An interpreter shall bear criminal liability for knowingly making a false translation and for disclosing information and details of a closed court session without the permission of the court, of which they shall be warned by the court and a written acknowledgment shall be obtained from them.
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§ 2. Representation in the court
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Article 61. Conducting the case through representatives
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Cases of legal entities in court are conducted by their bodies and (or) representatives acting within the powers provided by the legislation or constituent documents.
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Citizens have the right to conduct their cases in court in person and (or) through their representatives. The personal participation of a citizen in the case does not deprive him of the right to have a representative in the case.
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The rights and legally protected interests of incapacitated or partially incapacitated persons shall be protected in court by their legal representatives (parents, adoptive parents, guardians or trustees). Legal representatives may delegate court proceedings to a representative of their choice.
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Unless otherwise provided by law, the following may be (voluntary) representatives under the contract:
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1) advocates;
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2) workers of the legal persons on cases of these persons;
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3) authorized representatives of non-profit organizations — on the cases of members of these organizations;
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4) authorized representatives of non-profit organizations, who are entitled by law to protect the rights and interests of others;
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5) one of the procedural co-participants on behalf of other co-participants;
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6) other persons admitted by the court at the request of the persons participating in the case.
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Only advocates can engage in professional activities on the conduct of cases in the court as representatives.
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Article 62. Formalization of powers of a representative
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The powers of a representative to conduct a case in court must be indicated in a power of attorney issued and formalized in accordance with law.
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A power of attorney on behalf of a legal person must be signed by its head or other person authorized to do so by its constituent documents and certified by the seal of this legal person (if there is a seal).
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The powers of an advocate shall be certified under the procedure established by the legislation.
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A person acting as a contractual representative (with the exception of an advocate), in addition to a power of attorney, shall present to the court a document confirming the status of a contractual representative.
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Article 63. Powers of the representative
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The powers to conduct a case in the court shall entitle the representative to execute, in the name of the person represented by him, all procedural actions, except for signing the statement of claim, transferring the case to the court of arbitration, complete or partial abandonment of the stated claims and admission of the claim, changing subject matter or ground of the claim, conclusion of an amicable agreement, agreement on mediation procedure or mediation agreement, transfer of his powers to another person (delegation), appealing against a judicial act, signing of a statement on revision of a judicial act that has entered into legal force upon newly discovered evidence, requesting the enforcement of judicial acts, receipt of the awarded property or money.
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The powers of the representative to perform the actions specified in this article shall be specially provided in the power of attorney issued by the represented person.
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Article 64. Verification of powers of the persons participating in the case and their representatives
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The court is obliged to check the powers of persons participating in the case and their representatives.
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On the basis of examination of the documents submitted to the court, the court shall decide the issue about recognition of the powers of the persons participating in the case and their representatives, and on admission thereof to participation in the court session. The data from the documents confirming the powers of the persons are entered into the minutes of the court session and, if necessary, their copies are attached to the case file.
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In case of a failure of a person participating in the case or his representative to present the necessary documents confirming the powers or presentation of documents which do not correspond to the requirements of the legislation, the court shall refuse to recognize the powers of a respective person on participation in the case, concerning which a record shall be made in the minutes of the court session.
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Article 65. Persons who may not be representatives at the court
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Persons not possessing full legal active capacity or remaining under trusteeship or guardianship may not be representatives at the court.
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Judges, investigators, public prosecutors, interrogating officers, workers of the apparatus of the court may not be representatives at the court. This rule does not cover cases, when the mentioned persons act in proceedings as authorized persons of the corresponding courts, office of the public prosecutor, or legal representatives.
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Persons who participated in the mediation procedure as a mediator in connection with the same dispute may not be representatives at the court, with the exception of cases provided for by law and mutual consent to the subject participation.
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Chapter 7. Evidence and proving
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Article 66. Concept and forms of evidence
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Evidence in a case shall consist of information about facts obtained in the manner provided for by this Code and other laws, on the basis of which the court determines the existence or non-existence of circumstances justifying the claims and objections of the persons participating in the case, as well as other circumstances of relevance for the correct resolution of the dispute. Such information shall be established by material, written, and digital evidence, expert opinions, the advice (explanations) of specialists, the testimony of witnesses, and the explanations of the persons participating in the case.
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It is not allowed to use evidence obtained in violation of law.
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Article 67. Proving
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Proving shall consist of collection, examination, verification and evaluation of evidence in order to establish the circumstances that are relevant to the consideration of the case on its merits.
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Article 68. Duty of proving
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Each person participating in the case must prove those circumstances to which he refers as to justification of his demands and objections.
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At consideration of a case on application of measures of legal enforcement action against legal persons and citizens (hereinafter — enforcement action), the duty of proving the circumstances that are the basis for the application of enforcement action shall be imposed on the control authority.
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Each person participating in the case must disclose evidence on which he refers as a ground for his demands and objections before other persons participating in the case prior to the beginning of court proceeding or within the time limit established by the court, unless otherwise established by this Code.
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The persons participating in the case shall be entitled to rely only on the evidence with which other persons participating in the case were familiarized in advance.
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If a party withholds the evidence requested by the court and does not submit it at the request of the court within the time period established by the court, it shall be assumed that the information contained in it is directed against the interests of this party and recognized by it as such.
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Article 69. Presentation and requesting of evidence
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Evidences shall be presented by the persons participating in the case.
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If the court considers the available evidence to be insufficient, it may propose to submit additional evidence important for establishing the objective circumstances of the case and the correct settlement of the dispute.
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A person participating in the case, who has no possibility to independently obtain the necessary evidence from a person participating or not attracted for the participation in the case, who possesses the evidence, is entitled to submit a petition to the court on requesting this evidence. The petition must specify what circumstances important for settlement of the case can be established by this evidence, designate the evidence, and indicate the place of its location.
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A ruling shall be made based on the results of consideration of the petition on requesting the evidence.
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The ruling on the satisfaction of the petition on requesting the evidence shall indicate the time limit and the order of presenting the evidence. The ruling shall be directed to the person who possesses the evidence requested by the court.
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The person who possesses the evidence requested by the court shall send it directly to the court or hand out to the person having the respective ruling for further transfer to the court.
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If the person from whom the court requests the evidence has no possibility to present it in general or has no possibility to present it within the time limit established by the court, he is obliged to notify the court about the fact with indication of the reasons thereof within this time limit.
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In case of non-execution of the request on submission of the requested evidence for the reasons recognized by the court to be invalid, the person who possesses the evidence shall be imposed a court fine in the manner prescribed by chapter 14 of this Code.
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In the instance of imposing a court fine the person who possesses the evidence being requested is not released from the duty to present it to the court.
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Article 70. Inspection and examination of evidences in the location thereof
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The court is entitled to inspect and examine evidence in the location thereof, in case it is impossible or difficult to deliver them to the court, as well as if this material evidence may be exposed to fast spoilage.
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A ruling shall be issued on making an inspection and examination of evidence in the location thereof.
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If necessary, persons assisting in execution of justice may be attracted to participation in the inspection and examination of evidence in the location thereof.
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Inspection and examination of material evidence exposed to fast spoilage may be performed by the court immediately without notification of the persons participating in the case.
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During the process of direct inspection and examination of material, written, and digital evidence at their location, the court shall draw up minutes in the manner established by Article 201 of this Code.
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To preserve the evidence, along with drawing up a minutes, audio- and video recording, photography, copying, plans, diagrams and other methods of displaying information may be used. The use of these methods of preserving the evidence shall be reflected in the minutes, and materials reflecting the information shall be attached to the minutes.
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Article 71. Relevance of evidence
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The court shall accept only that evidence which is relevant to the case.
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If the presented evidence is not relevant to the case under consideration, it shall not be attached to the case materials, and its rejection as evidence shall be reflected in the judicial act.
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Article 72. Admissibility of evidence
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The circumstances of the case, which, according to the law, must be confirmed by certain evidence, may not be confirmed by other evidence.
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Article 73. Grounds for dispensation with the burden of proof
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The circumstances of the case recognized by the economic court to be well known shall not be subject to proving.
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The circumstances which have been established by economic court judgment on which has entered into force on a case considered earlier shall not be subject to proving again during consideration by the court of another case in which the same persons participate.
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A judgment of a court on a civil case or an administrative court judgment which has entered into force shall be binding on an economic court considering another case on issues about circumstances established by the judgment of the court on a civil case or the administrative court judgment and related to the persons participating in the case.
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A verdict of a criminal court which has entered into force shall be binding on the economic court on the issues of whether certain actions took place and by whom they were committed.
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Article 74. Assessment of evidence
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The court shall assess the evidence according to its internal conviction based on the all-round, complete and objective consideration at the court session of all circumstances of the case in combination, guided by law.
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Each evidence shall be subject to assessment from the point of view of its relevance, admissibility, and veracity, and a combination of evidence — from the point of view of sufficiency thereof.
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Evidence shall be recognized to be authentic if as a result of examination thereof it is established that it complies with the reality.
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No evidence shall have any preset weight for the court.
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The court shall not consider proven the circumstances confirmed only by a copy of a document or other written evidence, if the original of the document was lost and not presented to the court, and the copies of this document submitted by each of the disputing parties are not identical, and it is impossible to establish the true content of the document using other evidence.
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Article 75. Written evidence
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Written evidence is acts, contracts, references, business correspondence, other documents and materials containing the data on the circumstances having importance for the case, including those received by means of facsimile, electronic or any other communication, or in another way, allowing establishing the authenticity of the document.
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Written evidence shall be presented in the original or in the form of a properly certified copy thereof. If only a part of the document refers to the considered case, a certified excerpt wherefrom may be presented.
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Original documents shall be presented if the circumstances of the case are, in accordance with the legislation, to be confirmed only by such documents, and also in other cases on demand of the court.
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Written evidence made fully or in part in a foreign language must be accompanied by its duly certified translation.
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A document received in a foreign country shall be recognized in court as written evidence if it is legalized in the manner prescribed by law.
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A document received in a foreign country shall be recognized in court as written evidence without its legalization in cases provided for by an international treaty of the Republic of Uzbekistan.
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Article 76. Return of original documents
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Original documents available in the case may, upon a request of the persons who have presented them, be returned to these persons after the entry into force of the court judgment, and if the court concludes that the return is possible without any damage to correct settlement of the dispute — in the course of the proceedings on the case before the entry into force of the judgment. Simultaneously with the petition for return of the original document, the said persons shall present a duly certified copy of the original document or petition for the court to certify the copy remaining in the case to be true.
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Article 76¹. Electronic data
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Electronic data is information that is created, processed, and stored using electronic devices, information systems, and information technologies.
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The parties participating in the case, witnesses, and other persons are entitled to submit electronic data by extracting a copy of this data from one electronic medium to another electronic medium where electronic data is available.
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The court shall receive the submitted electronic data with the participation of a specialist and shall inspect the primary electronic medium containing the electronic data.
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Electronic media containing electronic data that is of no relevance to the case shall be immediately returned to their owners.
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Article 76². Digital evidence
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Electronic data, including files in electronic form, audio and video recordings, information stored on the World Wide Web (Internet), as well as other electronic data containing information about circumstances of relevance to the case, shall constitute digital evidence.
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Extraction of a copy from digital evidence is permitted, provided that its integrity and authenticity are preserved.
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The permissibility of extracting a copy from digital evidence is ensured by the availability of the original digital evidence from which this copy was extracted, except for digital evidence certified by a notary. The parties participating in the case, witnesses, and other persons are entitled to submit copies of digital evidence in printed paper form. In this case, the paper form of the digital evidence may not be considered written evidence, except for digital evidence certified by a notary.
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Audio and video recordings formed in the format of electronic data, attached to the procedural minutes drawn up during the court proceedings, shall also be considered digital evidence.
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A copy of the digital evidence shall be kept together with the case materials.
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Article 77. Material evidence
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Material evidence are objects which by their appearance, internal properties and content, location or other attributes can serve as means for establishing the circumstances which are important for the case.
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Article 78. Safekeeping of material evidence
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Material evidence shall be kept at the court.
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Material evidences which cannot be delivered to the court shall be kept in their location. They shall be described in detail and, if necessary, sealed, filmed on photo or video.
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The court and the keeper shall take measures for preservation of material evidence in their unchanged condition.
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Expenses on safekeeping material evidence are distributed among the parties according to the rules established by article 118 of this Code.
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Article 79. Return of material evidence
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Material evidence shall, after entry into force of the court judgment, be returned to the persons from whom they have been obtained, or transferred to the persons for whom the court has recognized the right to these objects, or disposed under other procedure established by the court.
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In some cases, after inspection and examination of material evidence by the court, they may be returned, upon petition of the persons from whom they have been received, back to them in the course of the proceedings on the case, if the court comes to a conclusion that satisfaction of such petition is possible without any damage to the correct settlement of the dispute.
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The court shall issue a ruling on the issues about the return of material evidence.
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Objects, which according to the legislation may not remain in possession of individual persons, shall be transferred to respective organizations.
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Article 80. Expert examination
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For clarification of issues arising at consideration of the case, which demand special knowledge in the field of science, engineering, arts or craft, on petition or consent of the persons participating in the case, the court shall appoint an expert examination. In the event that the appointment of an expert examination is prescribed by law or provided for by a contract, or it is necessary to verify a statement on falsification of the presented evidence or if an additional expert examination is necessary, the court may appoint an expert examination on its own initiative.
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The list of issues on which the expert examination must be made shall be established by the court. Persons participating in the case are entitled to present to the court the questions which shall be explained in the course of the expert examination. Rejection of the questions presented by the persons participating in the case must be justified by the court.
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The persons participating in the case are entitled: to petition for the involvement of the persons indicated by them as experts or for the conduct of the expert examination in a specific expert institution, to challenge an expert; to petition for inclusion in the ruling on the appointment of an expert examination of additional questions posed to an expert; to give explanations to an expert; to get acquainted with expert's opinion or message about the impossibility to give an opinion; to petition for an additional or repeat expert examination.
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The court shall issue a ruling on appointment of an expert examination or on rejection of the petition about its appointment.
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A ruling on the appointment of an expert examination shall indicate: the grounds for the appointment of an expert examination; surname, name and patronymic of the expert or the name of the expert institution in which the expert examination is to be carried out; questions posed to the expert; materials and documents provided to the expert; the period during which the expert examination must be carried out and the conclusion submitted to the court.
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If a party on the case refuses to take part in holding the expert examination, fails to provide necessary documents and objects for examination to the experts, and in other cases, if on the circumstances of the case and without the participation of this party, it is impossible to hold the expert examination, the court is entitled, depending on the fact which of the parties evades from examination and what importance it has for this party, to recognize the fact for explaining of which the examination has been appointed, to be considered either established or rejected.
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A lawyer, with the consent of the client, can send a lawyerʼs request to state forensic expert institutions and non-state forensic expert organizations to conduct an examination on a contractual basis.
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Article 81. Order of carrying out expert examination
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An expert examination may be performed in the court session or outside the session if it is required by the nature of the examination or impossibility to deliver the materials for examination to the court session. The persons participating in the case are entitled to be present at carrying out of the expert examination, with the exception of the cases, when such presence can prevent a normal work of the experts.
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Article 82. Additional and repeat expert examination
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In case of incompleteness of the opinion of an expert (expert commission), the court is entitled to appoint an additional expert examination which shall be performed by the same or another expert (expert commission).
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A repeat expert examination shall be appointed when the opinion of an expert (expert commission) is unsubstantiated or its correctness is doubted, or materials used as a basis for it are recognized to be untrue, or the rules of performing the expert examination have been breached.
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At appointing a repeat expert examination, an expert (expert commission) may be asked about the scientific validity of previously applied examination methods.
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A ruling on the appointment of a repeat expert examination must contain the reasons for disagreement of the court that ordered the repeat expert examination with the opinion of the first (previous) expert examination.
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The repeat expert examination shall be carried out by another expert (expert commission). The expert (expert commission) who performed the first (previous) expert examination may be present during the repeat expert examination and give explanations, but he cannot participate in the examination and drawing up an opinion.
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Article 83. Performance of a commission expert examination
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An expert examination can be carried out by several experts of the same (commission examination) or different forensic specialties (complex examination).
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The conduct of an examination by a commission of experts is determined by the court that ordered the examination, or by the head of the state forensic institution, non-state forensic organization or other enterprise, institution, or organization organizing the production of this examination.
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The expert commission, which is appointed to perform the expert examination, shall agree on the goals, sequence and scope of the upcoming examination based on the need to resolve the issues posed to it.
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As part of an expert commission, which is appointed to perform the expert examination, each expert shall independently and individually conduct examination, evaluate the results obtained by him personally and other members of the commission and form opinions on the posed questions within the limits of his specialized knowledge.
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The persons who are not included in the composition of the expert commission are not allowed to perform expert examination in whole or in part.
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Article 84. Commission expert examination
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At conducting a commission expert examination, each of the experts shall conduct the examination in whole, and they shall jointly analyze the results obtained. Having come to a common opinion, the experts shall draw up and sign a joint opinion or a statement on the impossibility of giving an opinion.
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Should any disagreements arise among the experts, each of them shall give a separate opinion on the all or certain issues that have caused the disagreements.
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Article 85. Complex expert examination
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A complex expert examination shall be appointed if it is possible to draw a conclusion important for the case only through performance of several expert examinations with the use of different branches of knowledge.
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At performing an expert examination each expert shall perform the research within the limits of his competence. The opinion of the complex expert examination shall indicate what particular research and in what volume have been made by each expert, what facts he has established, and what conclusions he has come to. Each expert shall sign that part of the opinion which contains the description of the research made by him and shall bear responsibility for it.
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The general conclusion (conclusions) shall be made by the experts competent of assessing the obtained results and formulation of the conclusion (conclusions). If the basis for the final opinion of the commission of experts or its part are the facts established by one of the experts (individual experts), this shall be indicated in the opinion.
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Should any disagreements arise among the experts, each of them shall give a separate opinion on the all or certain issues that have caused the disagreements.
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If the production of a comprehensive examination is entrusted to a state forensic expert institution or a non-state forensic expert organization, then the organization of this examination is entrusted to its head.
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Article 86. Opinion of the expert or expert commission
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After performing the research, an expert or an expert commission shall draw up an opinion certified by the signature, respectively, of the expert or each expert who is a member of the expert commission.
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The opinion shall reflect: the date and place of the expert examination; the grounds for conducting the expert examination; information about the judge who appointed the expert examination; information about the expert (surname, first name, patronymic, education, specialty, work experience, academic degree, academic title, position held) and the organization entrusted with conducting the expert examination; the fact that the expert was warned of criminal liability for knowingly giving a false opinion, and, when a case is considered in a closed court session, for disclosing information and details of the closed court session without the permission of the court; the questions put before the expert; the objects of examination and case materials submitted to the expert; information about the persons present during the expert examination; the content and results of the examinations, indicating the methods applied, as well as by whom these examinations were conducted if a commission of experts operated; the evaluation of the results of the examinations and the reasoned answers given to the questions put forward; and the circumstances of relevance to the case established on the initiative of the expert.
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Materials illustrating the conclusion and its results are attached to this conclusion and serve as an integral part of it. Materials documenting the course, conditions and results of the study are stored in a state forensic expert institution or a non-state forensic expert organization or other enterprise, institution, organization within the time limits established by law. At the request of the court that appointed the examination, they are submitted for inclusion in the case.
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The opinion must contain a justification for refusing to answer some of the questions posed if the insufficiency of the presented objects of examination, materials or specialized knowledge of the expert have been revealed in the course of the research.
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At the completion of the researches, the opinion, the objects of examination and the materials of the case file shall be directed to the court that appointed the expert examination.
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The opinion shall be investigated at the judicial session and assessed alongside with other evidence.
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Article 87. Consultations (explanations) of specialist
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A specialist shall give consultations (explanations) to the court in oral or written form.
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Consultations of the specialist given in a written form shall be announced and investigated at the court session and adducted to the materials of the case. Consultations of the specialist given in oral form shall be entered into the minutes of the court session (procedural action).
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In order to clarify and supplement the given consultation, the specialist may be asked questions.
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Article 88. Witness testimony
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At the petition of the person participating in the case, the court may summon a witness to give testimony at the court session.
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A person petitioning to summon a witness is obliged to specify to the court the circumstances important for the case which the witness can confirm, and also his surname, name, patronymic and residence.
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A witness shall provide the court with information and circumstances on the case known to him orally. Upon the proposal of the court, the witness may give his testimony in writing.
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Information provided by a witness shall not be an evidence if he cannot indicate the source of his knowledge.
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Article 89. Explanations of persons participating in the case
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Explanations of the persons participating in the case about the circumstances known to them and important for the case, are subject to examination and assessment along with other evidence. Upon proposal of the court, the person participating in the case may provide his explanations in writing.
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Recognition by the person participating in the case of the facts on which the other person substantiates its demands or objections is not binding for the court.
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The court is entitled to consider a recognized fact to be established if it has no doubts that the recognition of the fact meets the circumstances of the case and has not been made under the influence of misrepresentation, violence, threat, error, or with the aim to conceal the truth.
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Article 90. Securing of evidence
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The persons having grounds to be afraid that presentation of the necessary evidence would become impossible or hampered, may submit a statement about securing these evidence to the court which has accepted the case to proceedings.
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The statement about securing evidence must indicate the evidence that must be secured, the circumstances for the confirmation of which this evidence is needed, the reasons which have made the complainant to submit the statement about securing the evidence.
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The statement about securing the evidence shall be considered in the manner prescribed in article 96 of this Code.
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Article 91. Court commissions
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In case of necessity to obtain the evidence located in the territory of another district or city, the court that is considering a case is entitled to commission a respective court to perform certain procedural actions.
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The ruling about a court commission shall specify summary of the considered case, the circumstances to be found out, the evidence that the court being commissioned must collect.
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A ruling about the court commission is binding for the court to which the commission is given, and shall be executed within the time limit of not more than fifteen days from the day of receipt of the ruling.
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Article 92. Order of execution of the court commission
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A court commission shall be executed in the court session under the rules established by this Code. The persons participating in the case shall be informed on the time and place of holding the session, however their non-appearance shall not preclude the holding of the session.
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A ruling shall be issued about execution of a court commission which shall be sent immediately with all the materials to the court that is considering the case.
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Persons participating in the case, witnesses who have given explanations or testimonies to the court executing the commission, in the event of their participation in the session of the court considering the case, shall give explanations and testimonies per standard procedure.
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Chapter 8. Securing the claim
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Article 93. Grounds for securing the claim
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Grounds for taking measures to secure the claim shall be statements of persons participating in the case.
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Securing the claim is allowed at any stage of the economic proceedings, where a failure to take measures to secure it can complicate or make impossible the execution of the judicial act.
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In cases related to pecuniary sanctions in favor of the state, the court, upon a petition of the plaintiff, shall be obliged to take measures to secure the claim.
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At considering a claim for compensation for losses caused to a business entity as a result of the adoption of an unlawful act of a state body, self-government body of citizens or committed illegal actions (inaction) by their officials, the court, upon a petition of the plaintiff, shall be obliged to take measures to secure the claim.
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Measure on securing the claim being considered by a court of arbitration may be taken by the economic court upon a petition of a party of the arbitration proceedings.
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Interim measures of protection for a claim considered in an arbitration court may be taken by an economic court at the request of a party to the arbitration proceedings.
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Article 94. Measures to secure the claim
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Measures to secure the claim may be:
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1) seizure of property or money belonging to the respondent;
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2) prohibiting the respondent from taking certain actions;
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3) prohibiting other persons from taking certain actions concerning the subject of the dispute;
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4) suspension of collection under an executive or other document contested by the plaintiff, according to which collection is executed in an uncontested (acceptance-free) manner;
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5) suspension of the sale of property in case of consideration of a petition for releasing it from arrest;
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6) imposing on the respondent the obligation to perform certain actions in order to prevent damage or deterioration of the disputed property;
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7) transfer of disputed property to a third party (custodian).
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The court is entitled to take other measures and several simultaneous measures to secure the claim.
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Measures to secure a claim must be proportionate to the statement of claim.
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At taking measures to secure the claim, the court is entitled to, at the petition of the respondent, take measures to ensure compensation for possible losses for him.
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Article 95. Petition to secure the claim
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A petition to secure the claim may be submitted to the court simultaneously with a statement of claim or in the course of proceedings on the case.
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The petition to secure the claim must specify:
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1) name of the court to which the petition is submitted;
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2) names (surname, name and patronymic) of the parties, their location (postal address) and place of residence;
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3) the subject of the dispute;
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4) justification of the need to take measures to secure the claim;
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5) the type of the measure to secure the claim requested by the plaintiff;
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6) list of attached documents.
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The petition to secure the claim may also specify other data.
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The petition to secure the claim shall be signed by the plaintiff or his representative.
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A power of attorney or other document confirming the authority to sign the petition shall be attached to the petition signed by the representative.
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The petition to secure the claim may be presented in a statement of claim.
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In the event the petition to secure the claim has been presenting in a statement of claim, this petition must contain the information provided for in items 4 and 5 of part two of this article.
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The petition to secure the claim that is considered in a court of arbitration shall be accompanied by document confirming the presentation of the claim to the court of arbitration.
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Article 96. Consideration of petition to secure the claim
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A petition to secure the claim that is presented in a statement of claim shall be considered by the court simultaneously with deciding the issue of accepting the statement of claim to proceedings and initiating a case without notifying the persons participating in the case.
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If a petition to secure the claim is presented in the course of a court session, it must be considered at the same session.
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If a petition to secure the claim is presented in the course of a proceedings on the case, it shall be considered no later than the day following the day of its receipt without notification of the persons participating in the case.
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On results of consideration of the petition for securing the claim, the court shall issue a ruling, copy of which is sent to the persons participating in the case.
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A ruling to secure the claim or to refuse securing the claim may be appealed against (protested). The submission of an appeal (protest) may not suspend the execution of the ruling.
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The petition for securing the claim being considered by a court of arbitration shall be considered no later than the day following the day of its receipt without notification of the persons participating in the case.
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Article 97. Replacement of one measure of securing the claim for another
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One measure of securing the claim may be replaced with another.
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Replacement of a measure of securing the claim may be executed upon the petition of a person participating in the case by the court considering the case.
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The issue of replacing a measure of securing the claim shall be resolved in the court session.
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The persons participating in the case shall be notified of the time and place of holding the court session in the manner prescribed by article 127 of this Code. However, their failure to appear shall not preclude the consideration of the issue of replacing the measure of securing the claim.
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A ruling shall be made on the results of considering the issue of replacing the measure of securing the claim.
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A ruling on replacing or refusing the replacement of measure of securing the claim may be appealed against (protested). The submission of an appeal (protest) may not suspend the execution of the ruling.
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At securing a claim for the recovery of monetary means, the respondent shall be entitled to, instead of taking the established measures of securing the claim, deposit the sum claimed by the plaintiff to the court's deposit account.
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Article 98. Execution of ruling on securing the claim
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The ruling on securing the claim shall be executed immediately under the procedure provided for execution of judicial acts.
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For non-execution of the ruling on securing a claim, a person who is charged by the court with the obligation to execute it shall be subject to a court fine in accordance with the procedure established by chapter 14 of this Code.
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Article 99. Cancellation of measures of securing the claim
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Measures of securing the claim upon a petition of the person participating in the case may be cancelled by the court considering the case. The issue of cancellation of measures of securing the claim shall be resolved in the court session.
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The persons participating in the case shall be notified of the time and place of holding the court session in the manner prescribed by article 127 of this Code. However, their failure to appear shall not preclude the consideration of the cancellation of measures of securing the claim.
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A ruling shall be made on the results of consideration of the issue on cancellation of measures of securing the claim.
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A copy of the ruling shall be sent to the persons participating in the case no later than the day following the day of its adoption.
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When the claim is satisfied, the measures of securing the claim shall remain till the actual execution of the judicial act.
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When the claim is refused, left without consideration or the proceedings on the case are terminated, the measures of securing the claim shall remain till the entry into legal force of the corresponding judicial act. However, the court is entitled to issue a ruling, simultaneously with adoption of the stated acts or after their adoption, on cancellation of the measures of securing the claim.
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The ruling of a court of arbitration on refusal to satisfy the claim shall be the basis for the cancellation of the measures of securing the claim by the economic court.
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An arbitration decision to refuse to satisfy claims is the basis for the economic court to cancel interim measures.
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The ruling on the cancellation of measures of securing the claim may be appealed against (protested).
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Article 100. Compensation of losses caused to the respondent by securing the claim
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The respondent is entitled to, after the entry into legal force of the judgment on refusal of the claim, claim from the plaintiff compensation of the losses caused to him by securing the claim by presenting the claim to the same court.
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Chapter 9. Suspension of proceedings on the case
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Article 101. Duty of the court to suspend the proceedings on the case
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The court is obliged to suspend the proceedings on the case in the following cases:
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1) impossibility to consider the case prior to making a judgment on another case or on an issue considered by the Constitutional Court of the Republic of Uzbekistan, civil court, criminal court, administrative court or economic court, and also on which investigative actions are carried out;
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2) stay of the citizen — respondent in an operating unit of the Armed Forces of the Republic of Uzbekistan or stating a respective petition by the citizen — plaintiff who stays in an operating unit of the Armed Forces of the Republic of Uzbekistan;
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3) death of a citizen being a person participating in the case, if a disputed legal relationship allows legal succession;
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4) loss by a citizen who is a person participating in the case of the active legal capacity;
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5) submission by a party to the competent authority of a petition to cancel or suspend the execution of a judgment of a foreign court or arbitral award, the recognition and enforcement of which is considered by the court;
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6) conclusion of an agreement on the mediation procedure.
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Article 102. Right of the court to suspend the proceedings on the case
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The court is entitled to suspend the proceedings on the case in the following cases:
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1) appointment of an expert examination by the court;
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2) reorganization of a legal person, being the persons participating in the case;
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3) attraction of the citizen, who is a person participating in the case, for execution of a state duty;
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4) directing in the prescribed manner to the courts of foreign states of court commissions on the performance of certain procedural actions necessary for settlement of the dispute on its merits.
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Article 103. Terms of suspending the proceedings on the case
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The proceedings on the case shall be suspended in the cases provided for:
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1) item 1 of article 101 of this Code — until the entry into legal force of a judicial act of the relevant court or until the completion of investigative actions;
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2) items 2 and 5 of article 101, items 3 and 4 of article 102 of this Code — until the elimination of the circumstances that served as the basis for the suspension of the proceedings;
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3) items 3 and 4 of article 101 and item 2 of article 102 of this Code — until the determination of the legal successor of the person participating in the case, the appointment of a representative to the legally incapable person, state registration of the newly formed legal person;
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31) item 6 of article 101 of this Code — until the end of the mediation procedure, but no more than sixty days;
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4) item 1 of article 102 of this Code — until the receipt by the court of an expert opinion.
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Article 104. Legal consequences of the suspension of the proceedings on the case
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At the suspension of the proceedings on the case, the running of the terms established by this Code or other acts of legislation or appointed by the court shall be suspended.
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Until the renewal of the proceedings on the case, the court is not entitled to perform any procedural actions, with the exception of actions aimed at securing the claims and evidence.
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Article 105. Renewal of the proceedings on the case
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The proceedings on the case shall be renewed after elimination of the circumstances which have caused its suspension.
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Article 106. Order of suspension and renewal of the proceedings on the case
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The court shall issue rulings on suspension of the proceedings on the case, on the renewal thereof or on refusal to renew it.
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A copy of the ruling shall be directed to the persons participating in the case.
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Rulings on suspension of the proceedings on the case or on refusal to renew it may be appealed against (protested).
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Chapter 10. Leaving a statement of claim without consideration
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Article 107. Grounds for leaving a statement of claim without consideration
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The court shall leave a statement of claim without consideration if:
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1) in the proceedings of a civil court, an economic court, an arbitration court, there is a case on a dispute between the same persons, on the same subject and on the same grounds;
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2) there is an agreement of the persons participating in the case on the transfer of this dispute to the arbitration and the possibility of applying to the arbitration is not lost and if the respondent objecting to the consideration of the case in the economic court, no later than his first statement on the merits of the dispute will file a petition for the transfer of the dispute to the arbitration;
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3) the statement of claim is not signed or signed by the person, who has not been authorized to sign it, or by the person whose official position or surname and initials were not specified;
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4) the plaintiff has not approached to a bank or other credit organization for collecting a debt from the respondent, when, according to the legislation or a contract, it must be collected through a bank or other credit organization;
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5) the plaintiff has failed to observe the pre-trial (complaint) order of settling the dispute with the respondent, if it has been established by the legislation for the given category of disputes, or by a contract;
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51) the plaintiff has failed to observe the order of settling the dispute with the respondent by the mediation procedure, if it has been established by the legislation for the given category of disputes, or by a contract;
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52) the parties who have petitioned for mediation, after expiration of its term have failed to appear, without valid excuse, at the judicial session;
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53) the parties have concluded a mediation agreement;
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6) the plaintiff has failed to appear at the first court session without having stated for consideration of the case without his participation;
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7) at consideration of a statement on establishing the facts, which have legal meaning, it has been found out that the dispute about a right has arisen;
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8) the plaintiff has refused the claim which was brought in his interests by the public prosecutor, state body or other person;
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9) a bankruptcy case has been initiated against the respondent and the claim brought against the respondent, according to law, is subject to consideration under the bankruptcy case.
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Article 108. Order of leaving a statement of claim without consideration
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The court shall make a ruling on leaving the statement of claim without consideration.
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The ruling of the court may resolve the issues concerning distribution of court expenses between the persons participating in the case and concerning the return of the state duty from the budget.
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A copy of the ruling shall be sent to the persons participating in the case.
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The ruling on leaving the statement of claim without consideration may be appealed against (protested).
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Article 109. Consequences of leaving a statement of claim without consideration
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After elimination of the circumstances which have served as the grounds for leaving the statement of claim without consideration, the plaintiff shall have the right to submit again to the court a statement of claim under general procedure.
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Chapter 11. Termination of the proceedings on the case
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Article 110. Grounds for termination of the proceedings on the case
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The court shall terminate the proceedings on the case, if:
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1) the case is not under the jurisdiction of the economic court, the civil court or the administrative court;
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2) there are entered into legal force judgments of a civil court, economic court or a competent foreign court adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the economic court has refused the recognition and enforcement of the judgment of the foreign court;
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3) there is an entered into legal force award of a court of arbitration adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the cases, when the economic court has refused to issue the court order on enforcement of this award;
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31) there is an arbitration award that has entered into legal force, adopted on a dispute between the same persons, on the same subject and on the same grounds, with the exception of cases where the economic court refused to recognize and enforce the arbitration award;
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32) if there is a court ruling on the issuance of a writ of execution for the compulsory enforcement of a mediation agreement concluded in respect of a dispute between the same parties, on the same subject matter, and on the same grounds;
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4) the legal person, which is a party on the case, has been liquidated;
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5) a disputed legal relationship, after the death of the citizen being a party on the case, does not allow legal succession;
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6) the plaintiff has refused the claim, and the refusal has been accepted by the court;
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7) an amicable agreement has been concluded, and it has been approved by the court;
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8) the plaintiff has failed to observe the pre-trial (complaint) order of settling the dispute with the respondent, if it has been established by the legislation for the given category of disputes or by a contract between parties and the possibility of such settlement has been lost;
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9) insufficient materials has been collected to restore the lost judicial or enforcement proceedings.
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Article 111. Order and consequences of termination of the proceedings on the case
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The court shall issue a ruling on termination of the proceedings on the case.
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The court ruling shall specify the grounds for termination of the proceedings on the case and resolve issues concerning the return of the state duty from the budget, in the instances provided by item 1 of article 110 of this Code, and distribution of the court expenses among the parties.
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Copies of the ruling shall be sent to the persons participating in the case.
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The ruling on termination of the proceedings of the case may be appealed against (protested).
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In case of termination of the proceedings on the case, a secondary resort to the court on the dispute between the same persons, on the same subject matter, and on the same grounds is not allowed.
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Chapter 12. Court expenses
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Article 112. Composition of court expenses
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Court expenses consist of the state duty and court expenses related to consideration of the case.
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Article 113. State duty
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The grounds and procedure for payment of state duty, procedure for deferral of payment or payment in installments, exemption from payment and procedure for return of the state duty are established by law.
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Article 114. Amount of the claim
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The amount of the claim is determined on claims:
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1) on collecting monetary means, based on the claimed sum;
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2) on declaration of property rights, based on the value of the property;
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3) on recognition as not enforceable of an execution document or another document, on which collecting shall be made in the uncontested (acceptance-free) order, based on the disputed sum;
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4) on vindication of the property, based on the value of the property;
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5) on vindication of a land plot, based on the value of the land plot at the established price, and if this price is not available — at the market price.
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The amount of the claim shall also include sums of the penalty specified in the statement of claim.
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The amount of the claim consisting of several independent claims shall be determined by the sum of all claims.
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In case of incorrect indication of the amount of the claim, it shall be determined by the court.
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Article 115. Return of state duty
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State duty is refundable in cases established by law.
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The judicial act shall indicate the circumstances that are the grounds for the full or partial return of state duty.
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Reimbursement of state duty shall be made on the basis of a certificate issued by the court on claims (applications), appeals or cassation complaints, which have been paid but not received by the court or returned by this court, and on court documents providing for full or partial refund of state duty.
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Article 116. Court costs
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Court costs consist of postage costs associated with sending court notices and judicial acts, sums of money payable for the performed expert examination appointed by the court, summoning witnesses, performing inspection of evidence in the location thereof, expenses related to holding a court session via videoconferencing, and also other expenses related to the consideration of the case.
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The amount of postage cost shall be determined by the court, but should not exceed one tenth of the base calculated value and must be paid to the deposit account of the court by the person who has submitted the statement of claim (statement, complaint).
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The amount of costs associated with holding a court session in the videoconference mode shall be determined by the court and collected from the persons participating in the case, based on the results of the consideration of the case in accordance with article 118 of this Code.
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Article 117. Payment of sums due to experts, specialists, witnesses and interpreters
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Experts, specialists, witnesses and interpreters shall be refunded their expenses on travel and accommodation, incurred by them in connection with appearance to the court, they are also paid their daily allowance.
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Experts and specialists shall receive remuneration for the work executed by them on the commission of the court, unless executed work is part of their official duties.
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Sums of money due to witnesses, interpreters, specialists and experts shall be paid to deposit account of the court in advance by the person participating in the case that has moved the petition. If the petition has been stated by both parties, sums of money shall be paid by the parties in equal shares. If the expert examination has been appointed on the initiative of the court, payment of necessary sum of money shall be paid to the expert by the court from deposit account. These sums shall be collected from the persons participating the case in accordance with article 118 of this Code, and credited to the court's deposit account. Sums of money due to experts, specialists, witnesses and interpreters shall be paid by the court after execution by them of their duties.
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The order of payment and amounts of the sums of money subject to payment are established by the legislation.
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Article 118. Distribution of the court expenses
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Court expenses shall be charged to the persons participating in the case, in proportion to the sums of satisfied claims.
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The party in favor of which the judgment was made shall be reimbursed at the expense of the other party for all court expenses incurred in the case, even if this party was exempted from paying state duty.
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The state duty from payment of which the plaintiff has been exempted in the established order, shall be collected from the respondent and credited to the republican budget proportionally to the amount of satisfied stated claims, unless the respondent has been exempted from payment thereof.
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If the case has arisen as a result of violation by a person participating in the case of the pre-trial (claim) procedure for resolving a dispute with the respondent, provided for by law for this category of disputes or by a contract (leaving a claim unanswered, not sending the requested documents), the court has the right to charge this person with court expenses regardless of the outcome of the case.
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If the respondent voluntarily satisfies the claims of the plaintiff after the latter's submission of the claim to the court, the court expenses shall be covered by the respondent.
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If the plaintiff had reasonably stated a claim for the recovery of a penalty, but its amount was reduced by the court in accordance with the right granted to him by law, the court expenses shall be charged to the respondent based on the amount of the penalty that would have been subject to recovery without taking into account its reduction.
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In case of refusal to satisfy or partial satisfaction of claims brought by state bodies and other persons exempted from paying state duty in the interests of legal persons and citizens, the state duty shall be collected from the persons in whose interests the claim is brought, in proportion to the part of the claim satisfaction of which has been denied.
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Upon agreement of the persons participating in the case on distribution of the court expenses, the court shall make its judgment in accordance with this agreement.
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The court costs incurred by the persons involved in the case in connection with the filing of an appeal, cassation appeal shall be distributed in accordance with the rules set forth in this article.
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Chapter 13. Procedural time limits
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Article 119. Establishment and calculation of procedural time limits
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Procedural actions shall be performed within the limits established by this Code and other legislative acts, and in cases when the procedural time limits have not been established, they shall be fixed by the court.
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The terms for fulfillment of procedural actions are determined by a calendar date, by indication of an event which will necessarily occur, or by a time period during which an action may be accomplished.
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The procedural time limits are counted in years, months and days.
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A procedural time limit that is counted in years, months and days begins on the next day after the calendar date or occurrence of the event, by which its beginning has been determined.
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Article 120. End of procedural time limits
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A procedural time limit computed in years expires in a respective month and date of the last year of the established time limit.
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A procedural time limit computed in months expires on the corresponding day of the last month of the established time limit.
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If the end of a procedural time limit computed in months falls on the month which has not the corresponding day, the time limit expires on the last day of this month.
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A procedural time limit computed in days expires on the last day of the established time limit.
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If the last day of a time limit is a non-working day, the next working day shall be deemed the day of the expiration of the time limit.
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A procedural action may be accomplished till twenty four hours of the last day of the established time limit.
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If the statement, complaint and other documents have been delivered to the post office, sent as electronic document, handed over to a relevant body or a person authorized to receive them before twenty four hours of the last day of the procedural time limit, the time limit deemed to be not missed.
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If a procedural action shall be accomplished at the court or other organization, the time limits expires at the hour when the working hours of the court or the other organization come to the end or corresponding operations are terminated.
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Article 121. Consequences of missing procedural time limits
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The persons participating in the case shall lose a right to fulfill procedural actions with the expiration of procedural time limits established by this Code and other laws or the time limit fixed by the court. The expiration of a procedural time limit does not exempt the stated persons from execution of their duties.
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Statements, complaints and other documents submitted upon the expiration of a procedural time limit, if a petition on restoration of the missed time limit has not been submitted or it has been refused, shall be returned to the persons who submitted them.
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Article 122. Suspension of procedural time limits
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Upon suspension of the proceedings on the case, the running of all non-expired procedural time limits shall be suspended. From the date of renewal of the proceedings on the case, the running of procedural time limits shall continue.
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Article 123. Restoration of missed procedural time limits
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Upon a petition of the person participating in the case, the court is entitled to restore the missed procedural time limit established by this Code and other laws, if it recognizes the reasons of missing thereof to be valid.
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A ruling shall be made on the restoration of the missed procedural time limit or on refusal thereof.
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A ruling on the refusal to restore the missed procedural time limit may be appealed against (protested).
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Article 124. Extension of procedural time limits
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Procedural time limits fixed by the court may be extended by the same court upon statement of the person participating in the case.
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A ruling shall be made on the extension of the procedural time limit or on the refusal thereof.
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Chapter 14. Court fines
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Article 125. Imposition of court fines
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Court fines are imposed by the court in the cases provided for by this Code.
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Citizens are subject to a court fine in the amount of up to fifty times the base calculated value, legal persons — up to two hundred times the base calculated value.
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Court fines imposed by the court on officials of state bodies, self-government bodies of citizens and other bodies and organizations are collected from their personal funds.
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Court fines are credited to the revenue of the republican budget.
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Article 126. Order of considering the issue of imposing a court fine
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The issue of imposing a court fine on a person present at a court session shall be resolved in the same court session.
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The issue of imposing a court fine on a person who is not present at the court session shall be resolved in another court session. The person in respect of whom the issue of imposing a court fine is being considered shall be notified of the time and place of the court session in the manner prescribed by article 127 of this Code. The failure to appear of the duly notified person shall not preclude the consideration of the issue of imposing a court fine.
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A ruling shall be made based on the results of considering the issue of imposing a court fine.
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A copy of the ruling on the imposition of a court fine shall be sent to the person on whom the fine has been imposed.
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The ruling on the imposition of the fine may be appealed against (protested).
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Appealing against (protesting) the ruling on the imposition of a court fine shall not suspend the execution of the ruling.
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Chapter 15. Judicial notifications and summons
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Article 127. Order of sending judicial notifications and summons
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The persons participating in the case shall be notified on the time and place of the court proceedings by means of court ruling which is sent by registered mail with acknowledgment of the receipt or handed over to them against receipt, or with the use of other communication means, which ensure fixation of the fact of notification. Other participants of the economic proceedings shall be notified or summoned to the court by means of court ruling, and when necessary, by means of subpoena, telegram, facsimile, teletype and other communication means.
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Article 128. Proper notification
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The persons participating in the economic proceedings shall be deemed to be properly informed, if by the beginning of the court session the court possesses the information about receipt by the addressee of the copy of the ruling or about his notification by other means provided for by this Code.
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The participants of the economic proceedings shall also be deemed to be properly informed by the court, if:
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the addressee has refused to receive a copy of the ruling, and such refusal has been fixed by documents;
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a copy of the ruling directed by the court to the last known location (postal address) of the legal person, to the residence of a citizen has not been served due to the absence of the addressee at the specified address, on which fact there is a message of the communication body;
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three days have elapsed from the day the court sent a copy of the ruling by e-mail or using other means of communication, which ensure fixation of the fact of notification.
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Article 129. Change of address during the proceedings on the case
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The persons participating in the case are obliged to inform the court on a change of their address during the proceedings on the case. In the absence of such message, a copy of the ruling shall be sent to the last address known to the court and shall be considered served, even if the addressee absent or does not reside any longer at this address.
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If the persons participating in the case provided the court with telephone and fax numbers, e-mail addresses, they are obliged to inform the court about their change during the proceedings on the case in writing, including in the form of an electronic message.
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Chapter 16. Conciliation procedure
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Article 130. Conciliation of the parties
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The court shall take measures for conciliation of the parties, assist them in settling disputes at all stages of economic proceedings.
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Article 131. Conclusion of an amicable agreement or mediation agreement
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The parties may settle the dispute by concluding an amicable agreement or mediation agreement.
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An amicable agreement or mediation agreement may be concluded on any case of adversary proceedings.
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An amicable agreement may be concluded by the parties at any stage of economic proceedings and in the course of executing a judicial act, and a mediation agreement — in a court of first instance before the court retires to a separate (deliberative) room for the adoption of a judicial act.
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The amicable agreement shall be considered concluded after its approval by the court.
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Article 132. Form and content of an amicable agreement
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An amicable agreement shall be concluded in written form and signed by the persons who entered into the amicable agreement or their representatives.
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An amicable agreement must contain the provisions agreed by the parties on the terms and conditions for the fulfillment of the obligations.
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The fulfillment of obligations assumed by the parties under the conditions of the amicable agreement may not be made dependent on each other or on other events (actions).
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An amicable agreement may contain conditions on the deferral of the fulfillment of obligations by the respondent or extension thereof, on the assignment of the right of claim, on the full or partial cancellation or acknowledgement of the debt, on the distribution of court expenses and other legitimate conditions.
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If the amicable agreement does not contain a clause on the distribution of court expenses, the court shall resolve this issue when approving the amicable agreement under the general procedure, established by this Code.
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An amicable agreement shall be drawn up and signed in the number of copies exceeding by one the number of persons who have concluded it. One of these copies shall be attached to the case file.
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Article 133. Consideration of the issue of approval of the amicable agreement
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The issue of approval of the amicable agreement shall be considered at the court session by the court considering the case. The persons participating in the case shall be notified on the time and place of holding the court session in the manner prescribed by article 127 of this Code.
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Non-appearance of the persons properly informed on the time and place of holding the court session, shall not preclude the consideration of the issue of approval of the amicable agreement.
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A ruling shall be made by the court on the approval of the amicable agreement, which shall declare the termination of the proceedings on the case.
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In case of conclusion of an amicable agreement at the stage of execution of the judicial act, it shall be submitted for approval to the court of first instance that has considered the case.
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The issue of approval of an amicable agreement that has been concluded at the stage of enforcement shall be considered within fifteen days starting from the day of its submission to the court in accordance to the rules provided for in parts one and two of this article.
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The operative part of the ruling on approval of the amicable agreement shall specify the following:
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1) conditions of the amicable agreement;
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2) opinion on approval of the amicable agreement;
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3) distribution of the court expenses;
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4) information about termination of the case proceedings.
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The concluding part of the decision of the court of appellate or cassation instance on the approval of the settlement agreement shall contain an instruction to annul all previously adopted court documents on the case, except for the information provided for in paragraph six of this article.
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The operative part of the court ruling on the approval of the amicable agreement concluded at the stage of enforcement shall contain the conditions of the amicable agreement and the opinion on the approval of the amicable agreement.
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A court document approving the settlement agreement may be appealed (protested).
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An amicable agreement shall be executed by the persons who concluded it voluntarily and in the manner and within the time limits provided for by the agreement.
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An amicable agreement approved by the court and which has not been executed voluntarily within the time limits specified by the agreement, shall be subject to enforcement according to the rules of section V of this Code on the basis of a writ of execution issued by the court at the petition of the person who entered into the amicable agreement, and with regards to the collection of the court expenses — at the initiative of the court.
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Article 134. Refusal to approve an amicable agreement
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The court shall refuse to approve an amicable agreement, if:
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1) its conditions are contrary to the law;
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2) its conditions affect the rights and legitimate interests of third parties;
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3) it has been concluded under conditionality.
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A ruling shall be made on the refusal to approve the amicable agreement.
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Section II. Proceedings in court of first instance
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Chapter 17. Court order
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Article 135. Demands on which court orders are issued
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A court order shall be issued by a single judge, if:
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1) a demand has been stated on the collection of payable taxes on the property of legal persons and citizens;
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2) a demand has been stated on the collection of debts for utility and communication services bills based on supporting documents;
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3) a demand has been stated on the collection of debit indebtedness, based on its documented acknowledgment;
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4) a demand is based on the protest of a bill for non-payment, non-acceptance and failure to date acceptance by a notary;
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5) a demand has been stated on the recovery proceedings against movable property that is a performance security of the debtor, in the presence of a written transaction.
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Article 136. Form and content of the statement on the issuance of a court order
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A statement on the issuance of a court order shall be submitted to the court in writing according to the general rules of jurisdiction. It shall be signed by the creditor or his representative.
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The statement shall specify:
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1) name of the court to which the statement has been submitted;
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2) name (surname, own name, patronymic) of the creditor, the debtor, their location (postal address) or residence;
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3) the demand of the creditor with reference to the legislation;
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4) the circumstances on which the demand is based and the evidence supporting it;
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5) calculation of the sum subject to recovery and, in the case of recovery proceedings against movable property serving as performance security of the debtor, the description of the movable property subject to recovery and calculation of the sum of outstanding payments;
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6) the period on which the debt subject to recovery was formed;
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7) the list of the attached documents.
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The statement may specify phone numbers, fax numbers, e-mail address of the creditor or his representative.
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Article 137. Serving the debtor with a copy of the statement on the issuance of a court order
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At submission of the statement on the issuance of a court order, the creditor is obliged to serve the debtor with a copy of this statement.
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Article 138. Documents attached to the statement on the issuance of a court order
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The statement on the issuance of a court order shall be accompanied by documents confirming:
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1) the payment of the state duty and the postage in the prescribed order and amount;
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2) the serving of the debtor with a copy of the statement on the issuance of a court order;
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3) the circumstances on which the demands are based.
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At stating the demand for the collection of utility bills, the statement on the issuance of a court order shall be also accompanied by copies of:
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1) a contract with the consumer;
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2) a calculation of debt, indicating the period in which the debt was formed, recognized by the debtor;
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3) a demand on the debt repayment with a warning about the accrual of penalties and the disconnection of the consumer from the relevant utility networks;
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4) a statement on disconnecting the consumer from the relevant utility networks or on restricting the supply to the level of technological or emergency standby reserve.
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If the statement on the issuance of a court order has been signed by a representative of the creditor, a power of attorney confirming the powers of the representative shall be attached to it.
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Article 139. State duty
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A statement on the issuance of a court order shall be paid by a state duty in the amount of fifty percent of the rate calculated on the basis of the sum disputed under the submitted to the court claim under general procedure.
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In case of refusal to accept the statement on the issuance of a court order, the state duty paid by the recoverer when he brought the claim to the debtor under general procedure, shall be set off against the state duty payable.
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Article 140. Refusal to accept the statement on the issuance of a court order
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The judge shall refuse to accept the statement on the issuance of a court order on the grounds provided for by article 154 of this Code, and also if the stated demand is not provided for by article 135 of this Code.
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The judge shall issue a ruling on refusal to accept the statement no later than five days from the date of its receipt.
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The ruling on refusal to accept the statement may be appealed against (protested).
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Refusal to accept a statement on the ground that the stated demand is not provided for by article 135 of this Code shall not prevent the creditor from stating a claim on the same demand under general procedure.
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Article 141. Return of the statement on the issuance of a court order
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The judge shall return the statement on the issuance of a court order if:
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1) the statement has been submitted in non-compliance with the requirements specified in article 136 of this Code;
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2) the statement has not been signed or signed by a person who does not have the right to sign it, or by a person whose official position or surname and initials were not indicated;
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3) the documents confirming the stated demand, as well as listed in article 138 of this Code have not been submitted;
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4) proof of serving the debtor with a copy of the statement has not been presented;
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5) the documents confirming the payment of the state duty and postage in the prescribed order and in the prescribed amount have not been submitted, and in cases where the law provides for the possibility of deferral or installment payment of the state duty, the petition thereof is absent or has been declined;
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6) no documents confirming compliance with the pre-trial (claim) procedure for settlement of the dispute with the respondent, when it is provided for by law for this category of disputes or by a contract, have been submitted;
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7) before the issuance of the court order, the creditor has submitted the statement on its return.
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The judge shall issue a ruling on the return of the statement on the issuance of a court order on the grounds provided by items 1 — 6 of part one of this article no later than five days from the date of receipt of the statement by the court, and on the grounds provided by item 7 of part one of this article — no later than the next day after the receipt of the statement on the return of the statement on the issuance of a court order.
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The ruling on the return of the statement on the issuance of a court order may be appealed against (protested).
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The return of the statement on the issuance of a court order shall not preclude its repeat submission to the court under general procedure after the non-observances have been corrected.
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Article 142. Objection to the statement on the issuance of a court order
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The debtor is entitled to, within ten days from the day of serving on him of a copy of the statement on the issuance of a court order, submit to the court his objections against the demand of the creditor with attachment of the confirming documents.
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A failure of the debtor to submit, within the established time limit, the objection, and also his consent to the stated demand shall constitute the grounds for the issuance of a court order.
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An objection to the statement on the issuance of a court order shall be signed by the debtor or his representative. The objection signed by the representative shall be accompanied by a power of attorney.
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Article 143. Order and time limit for the issuance of a court order
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A court order shall be issued by a single judge without proceedings, summoning the creditor and the debtor, hearing their explanations.
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A court order shall be issued upon the expiration of ten days from the day of serving the debtor with a copy of the statement.
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A court order shall be made out and signed by the judge in two copies, one of which shall remain in the case file, and the other one shall be certified by the stamp seal of the court and handed out to the creditor. A duly certified copy of the court order shall be sent to the debtor.
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A court order may be sent as an electronic document.
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Article 144. Refusal to issue a court order
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The judge shall refuse to issue a court order if:
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1) the debtor has submitted an objection against the stated demand;
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2) there is a perceived presence of issue of law which may not be resolved based on the presented documents.
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A ruling shall be made on the refusal to issue a court order.
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A ruling on the refusal to issue a court order may be appealed against (protested).
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A refusal to issue a court order shall not preclude the possibility of submitting the same demand under adversary proceedings.
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Article 145. Contents of a court order
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A court order must specify:
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1) name of the court, its location and the date of issuance of the order;
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2) case number, surname and initials of the judge, subject matter of the demand;
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3) name of the creditor, debtor (surname, name, patronymic), their location (postal address) or place of residence, personal identification number of the individual (details of other identity documents of non-citizens of the Republic of Uzbekistan), as well as tax of the debtor legal entity payer identification number;
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4) the amount of money to be recovered or the movable property to be recovered, which is the security of the debtor's obligations, its description and value;
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5) the period in which the debt to be collected was formed;
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6) penalty, if due and recognized by the debtor;
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7) the amount of the state duty and postage subject to recovery.
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Article 146. Entering of a court order into legal force
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A court order enters into legal force within ten days from the moment of the issuance of the order.
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A court order shall have the legal force of an executive document and be subject to execution in the manner prescribed for the execution of judicial acts.
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Article 147. Cancellation of a court order
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The debtor is entitled, within ten days from the day of receipt of a copy of the court order, to submit to the same court a statement with a demand to cancel it, if he had no opportunity, for valid reasons, to state on due time his objections to the demands of the creditor. In this instance, the court shall have the right to cancel the order, and after cancellation thereof the demand of the creditor may be considered under adversary proceedings.
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A ruling shall be made on the cancellation of a court order or on refusal thereof.
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A ruling on the cancellation of a court order or on refusal thereof shall be made without court proceedings, summoning the creditor and debtor, hearing their explanations no later than ten days from the day of receipt of the statement.
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A ruling on the refusal to cancel a court order may be appealed against (protested).
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Chapter 18. Submission of claim
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Article 148. Grounds for initiating proceedings
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The court shall initiate proceedings upon statement of:
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1) concerned persons;
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2) public prosecutor;
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3) state bodies and other persons in cases where, according to the law, they have the right to resort to court to protect the rights and legally protected interests of legal persons, citizens, the interests of the public and the state.
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If the law establishes a pre-trial (claim) settlement procedure for a certain category of disputes or it is provided for by a contract, the case may be initiated in court only after the parties have taken measures to voluntarily settle their relationship.
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Article 149. Form and contents of statement of claim
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A statement of claim shall be submitted to the court in writing. It must be signed by the plaintiff or his representative.
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The statement of claim shall specify:
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1) name of the court, to which the statement is being submitted;
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2) names (surnames, own names, patronymics) of persons participating in the case, their location (postal address) or place of residence;
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3) amount of the claim, if the claim is subject to assessment;
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4) circumstances on which the stated claims are based;
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5) evidence which confirms the grounds of the stated claims;
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6) calculation of the sum of money being recovered or disputed;
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7) demands of the plaintiff with reference to the acts of legislation, and at submission of claims to several respondents — the demands to each of them;
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8) data on the observance of the pre-trial order of settling the dispute with the respondent, if it has been established by law for the given category of disputes, or by the contract;
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9) list of the attached documents.
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The statement of claim may contain phone numbers, fax numbers, email address of the plaintiff or his representative.
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The statement of claim shall also specify other data, if it is necessary for the correct resolution of the dispute, as well as the petitions of the plaintiff.
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The plaintiff has the right to combine several related demands in one statement of claim.
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Article 150. Sending a copy of a statement of claim and documents attached to it
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The plaintiff, upon presenting a claim, is obliged to send to the respondent and third parties copies of the statement of claim and the documents attached to it, which they do not have.
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Copies of the statement of claim and the documents attached to it may be sent to the respondent and the third parties in electronic form through an information system.
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Article 151. Documents to be attached to a statement of claim
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The statement of claim shall be accompanied by documents confirming the following:
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1) payment of the state duty and postage in the prescribed order and amount;
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2) that a copy of the statement of claim and the documents attached to it have been sent to the respondent and third parties;
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3) observance of the pre-trial (claim) order of settling the dispute with the respondent, if it has been established by law for the given category of disputes or by the contract;
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4) circumstances on which the stated claims are based;
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5) state registration of the plaintiff as a legal person or an individual entrepreneur;
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6) if the statement of claim has been signed by the representative, his powers to sign it.
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The statement of claim on coercion to conclude a contract shall be accompanied by a draft contract.
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A copy of the investment agreement shall be attached to the statement of claim on investment disputes, and a document confirming the large investment of the major investor shall be attached to the statement of claim related to the investment activity.
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Article 152. Resolution of the issue of accepting a statement of claim for proceedings
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The judge alone, no later than five days from the date of receipt of the statement of claim by the court, resolves the issue of accepting it for proceedings, refusing to accept it or returning it or transferring it to another court within its jurisdiction.
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A ruling is issued on the acceptance, refusal to accept a statement of claim for production or the return of a statement of claim or the transfer of a statement of claim to another court under jurisdiction, copies of which are sent to the persons participating in the case no later than the next day from the date of its issuance.
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Upon receipt of a statement of claim (application) or case materials from a civil court or an administrative court under jurisdiction, the judge, having established that the statement of claim (application) does not meet the requirements specified in Articles 149, 150 and 151 of this Code, notifies the claimant no later than five days from the date of receipt of the application (complaint) to the court on the need to eliminate deficiencies and provides him with a period for this, which may not exceed ten days.
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Article 153. Acceptance of the statement of claim for proceedings and initiation of the case
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The judge is obliged to accept to proceedings the statement of claim submitted with the observance of the requirements provided by this Code and initiate the case.
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The judge is entitled to accept to proceedings the statement of claim submitted without the observance of the requirements provided by items 1 and 4 of part one of article 151 of this Code, and initiate the case, if the statement of claim is accompanied by the relevant petitions for a deferral, installment plan of payment of the state duty or motion to call evidence that the plaintiff does not have and these petitions and motion have been satisfied.
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Opinion of the judge on the satisfaction of the petition for acceptance of the statement of claim for proceedings submitted without the observance of the requirements provided by items 1 and 4 of part one of article 151 of this Code must have its rationale stated in the ruling on the acceptance of the statement of claim for proceedings.
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Article 154. Refusal to accept the statement of claim for proceedings
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The judge shall refuse to accept the statement of claim for proceedings if:
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1) the case is not under the jurisdiction of the economic court, the civil court or the administrative court;
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2) there is a judgment or ruling, which entered into a legal force, on the termination of the proceedings on the case of an economic court adopted on a dispute between the same persons, on the same subject matter, and on the same grounds or a judgment or ruling on the approval of an amicable agreement of a civil court;
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3) in the proceedings of an economic court, a civil court, an arbitration court, there is a case on a dispute between the same persons, on the same subject and on the same grounds;
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4) there is an award, which entered into a legal force, of a court of arbitration adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the economic court has refused to issue a writ of execution for enforcement of the award of the court of arbitration;
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41) there is an arbitration award that has entered into force in a dispute between the same persons, on the same subject and on the same grounds, except in cases when the economic court refused to recognize and enforce the arbitration award;
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5) there is ruling on the termination of arbitration proceedings adopted on a dispute between the same persons, on the same subject matter, and on the same grounds, with the exception of the instances, when the arbitration proceedings have been terminated due to the absence of competence of the court of arbitration to consider this dispute.
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51) there is a ruling on termination of arbitration proceedings made regarding a dispute between the same persons, on the same subject and on the same grounds, except for the case where the arbitration proceedings are terminated due to the lack of competence of the arbitration court to consider the dispute.
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5²) if there is a court ruling on the issuance of a writ of execution for the compulsory enforcement of a mediation agreement concluded in respect of a dispute between the same parties, on the same subject matter, and on the same grounds.
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The ruling on refusal to accept the statement of claim may be appealed against (protested). In the event of cancellation of the ruling, the statement of claim shall be deemed to be submitted on the day of its initial receipt by the court.
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Article 155. Return of the statement of claim
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The judge shall return the statement of claim and the documents attached thereto if:
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1) the form and contents of the statement of claim established in article 149 of this Code have not been observed;
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11) the plaintiff did not comply with the judge's instruction provided for by part three of Article 152 of this Code within the prescribed period;
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2) the statement of claim has not been signed or signed by a person who does not have the right to sign it, or by a person whose official position or surname and initials are not indicated;
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3) the case is beyond the competence of this court;
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4) several related demands, some of which fall within the jurisdiction of a civil or administrative court, and others fall under the jurisdiction of an economic court, have been combined;
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5) evidence of sending copies of the statement of claim and documents attached to it to the defendant and third parties has not been provided;
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6) no documents have been submitted confirming the payment of the state duty and postage in the prescribed order and amount, and in cases where the law provides for the possibility of deferment and installment payment of the state duty, there has been no petition for that or the petition has been rejected;
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7) the plaintiff has not submitted documents confirming compliance with the pre-trial (claim) procedure for settling a dispute with the respondent, when this is provided by law for this category of disputes or by the contract;
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71) the plaintiff has not submitted documents confirming the observance of the mediation procedure for settling the dispute with the respondent, when it is provided by law for this category of disputes or by the contract;
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8) one statement of claim combines several demands to one or several respondents, when these demands are not connected with each other;
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9) no evidence has been submitted of addressing to the bank or other credit organization to collect the indebtedness from the respondent, when according to the legislation or the contract the indebtedness must be collected through the bank or other credit organization;
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10) prior to adoption of a ruling on acceptance of the statement of claim to proceedings, a statement from the plaintiff has been received on returning of the statement of claim.
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The judge shall return a counterclaim that does not meet the requirements of part two of article 160 of this Code.
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The ruling on returning the statement of claim may be appealed against (protested). In the event of cancellation of the ruling, the statement of claim shall be deemed to be submitted on the day of the initial reference to the court.
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The return of the statement of claim does not preclude the repeat reference with it to the court under general procedure, after elimination of the committed violations.
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Article 156. Response to the statement of claim
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The person participating in the case, no later than twenty days from the day of adoption of the ruling on the preparation of the case for proceedings — in such a way as to be received by the court by the day of consideration of the case, is entitled to present to the court the response to the statement of claim with attachment of the documents confirming his objections to the claims, and also the fact of sending to other persons participating in the case of copies of the response and the documents, which they do not have at disposal.
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The response to the statement of claim shall specify postal address, phone numbers, fax numbers, e-mail address (if any) of the person participating in the case or his representative.
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The response to the statement of claim shall be signed by the person participating in the case or his representative. The response signed by the representative shall be accompanied by the document confirming the powers of the representative to conduct the case.
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Article 157. Change of grounds or subject of claim, change of the size of stated claims, abandonment of claim
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At consideration of the case at the court of first instance prior to adoption of a judicial act by which the consideration of the case on its merits ends, the plaintiff is entitled to change the grounds or the subject of the claim, to increase or decrease the size of stated claims.
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At consideration of the case at the court of any instance, prior to adoption of a judicial act by which the consideration of the case in the court of corresponding instance ends, the plaintiff is entitled to abandon the claim in whole or a part thereof.
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The court shall not accept simultaneous change of grounds and subject of claim. The court also shall not accept abandonment of claim, decrease of the size of the stated claims, if it contradicts to the legislation or breaches the rights and legally protected interests of other persons. In these cases, the court shall consider the case on the merits.
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A ruling shall be issued on the acceptance or refusal to accept a change of grounds or subject of the claim, increase or decrease of the amount of the stated claims, full or partial abandonment of the claim by the plaintiff.
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Article 158. Joining cases
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The court of first instance is entitled to join into one proceedings several homogeneous cases in which the same persons are participating.
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Joining cases is allowed prior to adoption of the judicial act, which ends the consideration of the case. When joining cases, the period for considering the case on them shall be established based on the period of consideration of the case which was appointed the last.
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A decision shall be made to merge the cases.
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Article 159. Severing a part of claims into a separate proceedings
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The court is entitled to sever one or several interconnected claims into a separate proceedings, should it decide it appropriate to consider the claims separately.
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The severing claims into a separate proceedings shall be allowed prior to adoption of the judicial act, which ends the consideration of the case, or simultaneously with its adoption.
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A ruling shall be made on the severing part of the claims into separate proceedings.
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The period for considering a case on the severed claim shall be calculated from the date of the ruling.
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Article 160. Right to submit a counterclaim
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The respondent is entitled, prior to adoption of the judgment on the case, to submit a counterclaim to be considered together with the initial claim.
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The counterclaim may be submitted if:
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1) the counterclaim aim is to offset the initial claim;
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2) satisfaction of the counterclaim excludes in whole or in part, satisfaction of the initial claim;
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3) there is an interconnection between the counterclaim and the initial claim, and a joint consideration of them will result in correct and timely resolution of the dispute.
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Article 161. Submission and acceptance of a counterclaim for proceedings
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Submission and acceptance of a counterclaim for proceedings shall be made under the rules of submission and acceptance for proceedings of statements of claim established by this Code.
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Chapter 19. Preparation of the case for proceedings
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Article 162. Ruling on preparation of the case for court proceedings
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The judge shall issue a ruling on the preparation of the case for trial no later than five days from the date of receipt of the statement of claim, and in the case of a pre-trial hearing, no later than ten days from the date of receipt of the statement of claim. actions, terms within which these actions are to be performed, time and place of the trial.
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Actions for the preparation of the case for trial may be set out in the ruling on the acceptance of the statement of claim and the initiation of proceedings, except in the case of a pre-trial hearing during the preparation of the case for trial.
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Article 163. Actions of the judge at preparation of the case for court proceedings
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In preparing the case for trial, the judge shall take the following actions:
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1) considers the issues on attraction of another respondent or third person to participation in the case;
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2) notifies interested persons about the proceedings;
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3) notifies the persons participating in the case of their right to participate in the court session via videoconferencing;
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4) invites persons participating in the case, other organizations and their officials to take certain actions, including submitting documents and data that are important for resolving the dispute;
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5) summons witnesses;
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6) resolves the issue on appointing an expert examination;
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7) assists the parties in obtaining the necessary evidence, requests the evidence on a petition of the parties;
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8) takes measures for conciliation of the parties;
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9) on a petition of the parties, resolves issues of securing claims and evidence;
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10) considers issues of attraction of other persons to participation in the case, on joining the cases into one proceedings or severing stated claims into separate proceedings, on holding a visiting session.
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The judge shall also carry out other actions aimed at ensuring the correct and timely resolution of the dispute.
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At preparation of the case for court proceedings, the judge, on issues arising from civil-law relations, with the exception of cases considered under summary procedure, within ten days from the date of acceptance of the statement of claim for proceedings and initiation of the case, may hold a pre-trial session in accordance with the procedure established by this Code.
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Article 1631. Pre-trial session
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In a pre-trial session the judge:
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1) interviews the plaintiff on the merits of the claims made by him, finds out from him possible objections on the part of the respondent and, if necessary, invites the plaintiff to submit additional evidence, and also explains the right to abandon the stated claims and its legal consequences;
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2) interviews the respondent on the circumstances of the case, finds out what objections he has to the plaintiff's claims and with what evidence these objections can be supported, and also explains to the respondent his right to accept the plaintiff's claims or make counterclaims, invites the respondent to submit written explanations on the case. Failure to submit written explanations and evidence by the respondent, as well as his failure to appear at the court session shall not preclude the consideration of the case on the evidence available;
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3) ascertains from the parties the possibility of concluding an amicable agreement or alternative methods of resolving a dispute and explains their legal consequences;
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4) based on the complexity of the case, determines the projected schedule of the court proceedings, including the time frame for submitting to the court petitions and documents important for resolving the dispute and exchanging witness lists, if any;
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5) finds out from the parties present in the session and other interested persons whether they have agreed on the jurisdiction of the court over this case, on the need to perform other actions provided for in article 163 of this Code.
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The parties and other interested persons shall be notified of the time and place of the pre-trial session by court summons, registered letters, telephonograms, telegrams and other means of communication that ensure the fixation of the fact of notification.
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A minutes shall be drawn up on the pre-trial session held specifying: year, month, day and location of the pre-trial session; the name of the court in which the session on the case was held; surname and initials of the judge and the secretary of the session (assistant or senior assistant to the judge); information about the parties and other interested persons and explanations given to them on the procedural rights and duties; the explanations given by the parties.
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In case of failure of the parties to appear, the judge shall take actions specified in parts one and two of article 163 of this Code. In this case, no minutes of the pre-trial session shall be drawn up.
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If there are grounds provided for by this Code, the proceedings on the case in the pre-trial session may be suspended or terminated and the statement of claim may be left without consideration.
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Chapter 20. Court proceedings
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Article 164. Time limit for court proceedings
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The court proceedings must be completed within the time limit of not more than one month from the day of adoption of the ruling on the preparation of the case for court proceedings.
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In exceptional cases, the time limit for court proceedings may be extended by the chairperson of the court for no more than one month.
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Article 165. Court session
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The proceedings on a case shall be carried out at the court session. The session may be carried out in videoconferencing mode.
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The first court session on the case must be held no later than twenty days from the date of the ruling on the preparation of the case for court proceedings.
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Audio or video recording of the court session may be conducted at the initiative of the court or on the petition of the participants in economic proceedings.
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The judge presiding at the session shall:
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1) open the court session and declare, what case is subject to consideration;
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2) check the appearance at the session of the participants of the economic proceedings, their powers, establish whether the persons who have not appeared at the judicial session have been properly informed, and what information is available on the reasons of their absence;
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3) announce the composition of the court, inform who is participating as the public prosecutor, expert, specialist, secretary of the court session, interpreter, and explain to the persons participating in the case their right to declare challenges;
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4) remove the witnesses who have appeared out of the hall of the session till their invitation for interrogation;
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5) explains to the participants of the court proceedings their procedural rights and procedural duties;
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6) warn the interpreter about the responsibility for knowingly wrong translation; the expert — for giving a knowingly false opinion; the witness — for giving knowingly false testimony;
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7) define the sequence of examination of evidence;
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8) guide the session ensuring the clarification of circumstances important for the case;
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9) take measures to ensure the appropriate order at the session.
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The participants at the economic proceedings and persons present in the hall of the court session are entitled to make written notes, take down verbatim and audio recording. Photographing, video recording, and also broadcasting of the court session by radio and TV are allowed upon the permission of the court considering the case.
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When a ruling is issued to hear a case in a closed court session, the persons participating in the closed court session shall be warned not to disclose information and details of the court proceedings without the permission of the court, and a written acknowledgment shall be obtained from them. The written acknowledgment shall also reflect a warning regarding liability under Article 239 of the Criminal Code of the Republic of Uzbekistan for violating the said obligation.
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Article 166. Participation in court session by means of videoconferencing systems
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The persons participating in the case and persons assisting in administration of justice are entitled to participate in a court session by means of videoconferencing systems.
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The ruling on the preparation of the case for court proceedings shall indicate the right of persons to participate in the court session by means of videoconferencing systems; and this ruling shall be sent to the persons participating in the case, persons assisting in the administration of justice, and the relevant court, with the assistance of which the stated persons can participate in the session by means of videoconferencing systems.
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To ensure the participation of the persons participating in the case in a court session via video conferencing, the video conferencing systems of the relevant courts at the place of residence, location, or whereabouts of the said persons, or the mobile video conferencing system of the court hearing the case, shall be utilized.
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The court, assisting in the conduct of the court session by means of videoconferencing systems, shall ensure the sending of powers of attorney certifying the powers of representatives of the persons participating in the case and persons assisting in administration of justice, as well as the evidence presented in the session to the court considering the case.
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The fact that witnesses, experts, specialists, and interpreters participating in a court session via video conferencing have been explained their rights, duties, and liabilities shall be recorded by audio and video recording and shall be indicated in the minutes of the court session.
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The right of persons participating in a case and persons assisting in administration of justice to participate in a court session by means of videoconferencing systems may be exercised in court sessions of first, appellate, cassation and supervisory instances.
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Article 167. Order at the court session
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When the judges enter the hall of the session and when they leave the hall of the session, all persons present in the hall shall stand up.
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The participants of the court proceedings shall address the court with the words «Honorable court!». They shall give their explanations and testimony to the court and answer to the questions while standing. Deviation from these rules is allowed only upon permission of the presiding judge.
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The court session shall be held in conditions that ensure normal operation of the court and safety of the participants of the court proceedings. Actions of the persons present in the hall of the court session and carrying out permitted by the court photography, video recording, broadcasting of the court session on radio and TV should not interfere with order at the court session. These actions may be limited in time by the court.
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In case of violation of order during the session, the presiding judge on behalf of the court shall issue a warning to the person who committed the violation. In case of repeated violation of the order, the specified person may be removed from the courtroom by order of the presiding judge.
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The judgment of the court shall be listened to by all persons present in the hall of the session while standing.
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Article 168. Examination of evidence
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During the court hearing, the court shall examine the evidence in the case: hear the explanations of the persons participating in the case, the testimony of witnesses, the opinions of experts, and the advice (explanations) of specialists, familiarize itself with material, written, and digital evidence, inspect material evidence, as well as read out explanations, testimonies, and opinions submitted in writing.
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The playback of audio and video records shall be performed in the hall of the court session or in other premises specially equipped for these purposes. The fact of playback of audio and video records shall be reflected in the minutes of the court session.
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Article 169. Resolution by the court of statements and petitions of the persons participating in the case
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Statements and petitions of the persons participating in the case on requesting new evidence and on all other issues related to the proceedings of the case, shall be resolved by the court after hearing the opinions of other persons participating in the case.
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A ruling shall be issued on the results of consideration of statements and petitions of the persons participating in the case.
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The conclusions of the court on the satisfaction or rejection of the statements and petitions of the persons participating in the case may be indicated in a judicial act issued following the results of the consideration of the case.
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Article 170. Resolution of a dispute at non-submission of a response to the statement of claim, of additional evidence, and also at non-appearance of the persons participating in the case
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Non-submission of a response to the statement of claim or additional evidence, which the court has suggested to present to the persons participating in the case, shall not preclude the consideration of the case on the materials available therein.
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Upon non-appearance to the court session of the plaintiff, who has been properly informed on the time and place of holding the proceedings of the case, the dispute may be resolved in his absence when there is a statement of the plaintiff about considering the case in his absence.
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Upon non-appearance to the court session of the respondent or third parties who have been properly informed on the time and place of holding the proceedings of the case, the dispute may be resolved in their absence.
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Article 171. Adjournment of court proceedings
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The court may adjourn court proceeding if it is impossible to consider the case at this court session due to unforeseen and extraordinary circumstances, including:
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upon a petition of a party for court assistance in conciliation procedure;
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if a person participating in the case has been properly informed about the time and place of holding the court session and submitted a statement about adjournment of the proceedings with justification of his non-appearance at the court session, if the consideration of the case without the participation of this person is impossible;
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on a petition of the person participating in the case in the event of non-appearance at the court session of his representative due to a valid reason;
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in case of non-appearance of any of the participants of the court proceedings, if the court considers it impossible to consider the case without the participation of this person;
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on a petition of the party to adjourn court proceeding due to the need to present or request additional evidence from third parties;
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in case of impossibility of setting up videoconferencing at the court session held in the videoconference mode;
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in case of non-appearance of any of the participants of the court proceedings and the absence of the confirmation of proper notification of the said person about the time and place of the court proceedings;
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in case when it is necessary to replace the improper respondent with proper respondent;
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in case when it is necessary to replace the exiting party to the disputed legal relationship with his legal successor;
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in case when it is necessary to attract a second respondent or a third party to participation in the case.
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The court proceedings may be adjourned for the term necessary to eliminate the circumstances, which served as grounds for the adjournment, within the limits of the time limit established by this Code for court proceedings, but for not more than ten days.
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The number of adjournments of a court proceedings may not exceed three times.
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A ruling shall be made on the adjournment of a court proceedings.
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If the parties are present at the court session, before adjourning the court proceedings the court is entitled to interrogate the witnesses who appeared. The evidence of these witnesses shall be announced at a new court session. The secondary summon of the same witnesses to a new court session shall be made only in case of necessity.
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The persons who are participating in the case but have failed to appear to the court session shall be notified on the time and place of holding a new court session in accordance with the procedure established by article 127 of this Code. The persons participating in the case who have appeared to the court session shall be notified against signed acknowledgement to be attached to the case materials.
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After the adjournment, the court proceedings shall continue.
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If necessary, after the adjournment, consideration of the case shall start from the beginning.
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Article 172. Break in the court session
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Upon a petition of the person participating in the case or on its own initiative, the court is entitled to announce a break in the court session.
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The break in the court session may be announced for the time limit of not more than three days. This break shall be indicated in the minutes of the court session.
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After the end of the break the court session shall be announced by the judge presiding at the court session to be continued. In this case, no repeated consideration of the evidence examined before the break is made, including in the event of replacement of representatives of the persons participating in the case.
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The persons participating in the case shall be recognized to be properly informed of the time and place of holding the court session regardless of whether they were present or not in the hall of the session before the announcement of the break, and their failure to appear to the court session after the end of the break shall not preclude its further carrying out.
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Article 173. Judicial pleadings
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After examination of all available evidence, the judge presiding at the court session shall ask the persons participating in the case, whether they have additional evidence on the case. In the absence of additional evidence, the court shall pass over to judicial pleadings.
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Judicial pleadings shall consist of oral presentations of the persons participating in the case. In the course of judicial pleadings they shall substantiate their positions on the case.
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In the judicial pleadings, the first presentation shall be made by the plaintiff, the next one — by the third party with independent claim regarding the subject matter of the dispute, and then — the respondent. A third party without independent claim regarding the subject matter of the dispute shall make his presentation after the plaintiff or after the respondent on whose side he participates in the case.
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The public prosecutor and also representatives of state bodies and other persons who have applied to the court in defense of the rights and legally protected interests of other persons shall speak in the judicial pleadings first.
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The participants in the judicial pleadings are not entitled to refer to circumstances that have not been clarified by the court, and to evidence that has not been examined in the court session or has been recognized by the court as inadmissible.
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In the judicial pleadings, the public prosecutor participating in the case shall present his opinion on the merits of the dispute the last, except for the cases provided for in part four of this article.
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Article 174. Renewal of examination of evidence
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If the court, in the course or after the judicial pleadings, finds it necessary to clarify additional circumstances or examine new evidence, it shall renew the examination of the evidence, which shall be entered into the minutes of the court session.
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After the end of the additional examination of the evidence, the judicial pleadings shall be conducted according to the order established by this Code.
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Article 175. Retiring of the court to a separate room (deliberation room) for adoption of a judicial act
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After the end of the examination of the evidence on the case and termination of judicial pleadings the court shall retire to a separate (deliberation) room to adopt the judicial act.
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Chapter 21. Judgment of the court
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§ 1. General rules for adoption of the judgment
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Article 176. Adoption of the judgment
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At consideration of the case on the merits, the court shall adopt the judgment.
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The judgment of the court shall be adopted in the name of the Republic of Uzbekistan.
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The judgment shall be adopted by the judges participating in the court session in the conditions which ensure the observance of the secrecy of conference of the judges.
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Only the judges making the composition of the court, which is considering the case, may be present in the room where the judges are to adopt the judgment. Access to this room of other persons, as well as other ways of communicating with persons who are not part of the court composition is prohibited.
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The judges are not entitled to communicate to anybody the data about the contents of the discussion when adopting the judgment, about the positions of individual judges making the composition of the court, and otherwise disclose the secrecy of conference of the judges.
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The judgment of the court shall be lawful and substantiated. It shall only be based on the evidence examined at the court session.
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Article 177. Issues to be resolved when making the judgment
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When making the judgment, the court shall:
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1) assess the evidence and the arguments that have been given by the persons participating in the case to substantiate their claims and objections;
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2) determine which circumstances important for the case have been established and which have not been established;
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3) decide which legislative acts referred to by the persons participating in the case should not be applied in this case;
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4) determine which legislative acts are to be applied in this case;
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5) determine what are the rights and duties of the persons participating in the case;
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6) decide whether the claim is to be satisfied or not.
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Where necessary, the court shall resolve issues related to ensuring the execution of the judgment, establishing the procedure and time limit for the execution of the judgment, determining the further fate of the evidence, allocating court expenses, and other matters.
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The court, at adopting the judgment, having found it necessary to further examine the evidence or further clarify the circumstances that are important for the case, shall renew the court session, on which a ruling is to be made. In this case, the court proceedings shall be conducted exclusively within the circumstances requiring additional verification.
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Article 178. Drawing up the judgment
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The judgment shall be drawn up by the judge in writing and signed by him.
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The judgment shall be drawn up in one copy and attached to the case file.
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Article 179. Contents of the judgment
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The judgment of the court shall consist of introductory, descriptive, motivational and resolutory parts.
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The introductory part of the judgment shall specify name of the court, which has adopted the judgment; composition of the court, secretary of the court session; number of the case, date and place of making the judgment; subject matter of the dispute; persons participating in the case, and their representatives and other participants of the court proceedings.
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The descriptive part of the judgment shall contain a summary of the statements of claim and objections, explanations, statements and petitions of the persons participating in the case.
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The motivational part of the judgment shall specify:
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actual circumstances of the case established by the court;
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evidence on which the conclusions of the court about these circumstances of the case are based;
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reasons on which the court has rejected this or that evidence, accepted or rejected arguments of the persons participating in the case;
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acts of legislation, by which the court was guided when adopting the judgment, and reasons on which the court has not applied acts of legislation to which the persons participating in the case have referred.
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The motivational part of the judgment may contain references to the resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan.
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The resolutory part of the judgment shall contain conclusions about satisfaction of each stated claim in whole or a part thereof, or on refusal of satisfaction.
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If the court establishes the order of execution of the judgment or takes measures on securing the execution thereof, this fact shall be specified in the resolutory part of the judgment.
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The resolutory part of the judgment shall also specify the distribution of the court expenses among the persons participating in the case and the time limit and order for appeal against (protest) the judgment.
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§ 2. Special aspects of contents of the judgments on certain categories of disputes resolved under adversary proceedings
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Article 180. Judgment on collecting monetary means
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At satisfaction of the claim on collecting the monetary means, the resolutory part of the judgment of the court shall specify the general amount of the sums subject to recovery with a separate determination of the principal, losses, penalty interest (fine, penalty) and interest.
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Article 181. Judgment on awarding the property
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At awarding the property, the resolutory part of the judgment of the court shall specify the name of the property subject to transfer to the plaintiff, its value and location.
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Article 182. Judgment on recognition of an execution document not executable
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At satisfying the claim to recognize as not executable an execution or other document on which collecting is made in the uncontested (acceptance-free) order, including on the basis of notary's executer endorsement, the resolutory part of the judgment of the court shall specify the name, number and date of issuance of the document not to be executed and the sum of money which is not to be written off.
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Article 183. Judgment on conclusion or change of a contract
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At satisfying the claim on conclusion or change of a contract, the resolutory part of the judgment of the court shall specify the conclusion on each disputable condition of the contract, and on a dispute on coercion to conclude a contract — the conditions on which the parties are obliged to conclude it.
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Article 184. Judgment compelling to execute certain actions
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At satisfying the demand on compelling to execute certain actions not related to collecting monetary means or transfer of the property, the resolutory part of the judgment of the court shall specify the actions to be executed, who is obliged to execute these actions and also where and during what period of time these actions are to be executed.
Comments by LexUz
Comment by LexUz
Comments by LexUz
See arts 176 — 179 of the Code.
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Article 185. Judgments in favor of several plaintiffs or against several respondents
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At satisfying the demands of several plaintiffs, the resolutory part of the judgment of the court shall specify in what part it refers to each of them.
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At satisfying the demands to several respondents, the resolutory part of the judgment of the court shall specify if the respondents are responsible jointly or severally.
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At satisfying the initial and counter claims in full or in part, the resolutory part of the judgment of the court shall specify the amount to be collected as a result of offset.
Comments by LexUz
Comment by LexUz
Comments by LexUz
See arts 44, 176 — 179 of the Code.
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§ 3. Actions of the court after adoption of the judgment
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Article 186. Announcement of the judgment
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Only the resolutory part of the adopted judgment that is to be signed by the judge and attached to the case shall be announced at the court session, in which the consideration of the case has come to its end.
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The judgment shall be drawn up in full and signed within five days.
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After the announcement of the resolutory part of the judgment, the presiding judge shall explain to the persons participating in the case when the judgment is to be drawn up in full and sent to them and also the order of appealing against (protesting) the judgment.
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Article 187. Invariability of a judgment
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After the announcement of the judgment on the case, the court that has adopted the judgment shall have no right to cancel or change it, except for cases of revision of a judicial act that has entered into legal force in view of newly discovered circumstances.
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Article 188. Direction of copies of the judgment
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The court shall send, by the registered mail with notification of delivery, copies of the judgment to the persons participating in the case not later than five days from the date of making the judgment, or serve the copies of the judgment on them against a receipt, and if the said persons have email addresses, they may be sent as an electronic document.
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In cases provided by this Code, the court shall send copies of the judgment also to other persons.
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Article 189. Additional judgment
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The court, which has adopted the judgment, shall make an additional judgment if:
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1) the court has not adopted the judgment on a claim in relation to which the persons participating in the case have presented evidence;
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2) the court, having resolved the issue of the law, has not specified the amount of the sum subject to recovery, the property subject to transfer, or certain actions which the respondent is obliged to execute;
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3) issue on court expenses has not been resolved.
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The issue of adoption of an additional judgment may be brought before the entry of the judgment into legal force.
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An additional judgment may be adopted at the statement of the persons participating in the case, or at the initiative of the court.
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The issue of adoption by the court of an additional judgment shall be resolved at the court session according to the rules established in this chapter. The persons participating in the case shall be informed of the time and place of holding the court session in the manner provided for in article 127 of this Code. The failure of the duly informed persons to appear shall not preclude the consideration of the issue of adopting an additional judgment.
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The additional judgment shall enter into legal force together with the main judgment.
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The additional judgment may be appealed against (protested) together with the main judgment.
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A relevant ruling shall be issued in case of a refusal to adopt an additional judgment.
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Article 190. Explanation of the judgment
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In case of ambiguity of the judgment, the court, which has adopted it, is entitled, upon a statement of the person participating in the case, state enforcement officer, other bodies executing the judgment of the court, to explain the judgment without changing its contents.
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A statement on explanation shall be considered by the court with the notification of the persons participating in the case, state enforcement officer and other bodies executing the judgment, in the manner prescribed by article 127 of this Code. The failure of these persons to appear shall not preclude the consideration of the statement.
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A statement on explanation shall be considered within twenty days from the day of its submission.
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A ruling shall be issued on the explanation of the judgment or on the refusal to give explanations.
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The ruling may be appealed against (protested).
Comments by LexUz
Comment by LexUz
Comments by LexUz
See arts 176 — 179, 191 of the Code.
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Article 191. Correction of slips of pen, typing errors and arithmetic mistakes
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The court, which has adopted the judgment, is entitled, upon a statement of the person participating in the case, state enforcement officer, other bodies executing the judgment of the court, or on its own initiative to correct slips of pen, typing errors and arithmetic mistakes revealed in the court judgment without changing its contents.
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The statement on correction of the revealed slips of pen, typing errors and arithmetic mistakes shall be considered by the court with the notification of the persons participating in the case, state enforcement officer and other bodies executing the judgment, in the manner prescribed by article 127 of this Code. The failure of these persons to appear shall not preclude the consideration of the statement.
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The statement on correction of the revealed slips of pen, typing errors and arithmetic mistakes shall be considered within twenty days from the day of its submission.
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A ruling shall be issued on the correction of the revealed slips of pen, typing errors and arithmetic mistakes or on the refusal to correct them.
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A ruling on the correction of the revealed slips of pen, typing errors and arithmetic mistakes or on the refusal to correct them may be appealed against (protested).
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§ 4. Order of the entry into legal force of the judgment and its execution
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Article 192. Entry into legal force of the judgment
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The judgment shall enter into legal force after one month from the date of its adoption, if it has not been appealed against (protested) through the appeal procedure. In the case of the submission of an appeal (protest), the judgment, if it has not been canceled, shall enter into legal force from the date of adoption of the resolution of the court of appellate instance.
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Article 193. Enforcement of the judgment
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The persons who have reason to believe that the execution of the judgment will become impossible or difficult may submit a statement to the court that have adopted the judgment on its enforcement.
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The statement shall specify the judgment the enforcement of which must be ensured, and the reasons that have prompted the statement on its enforcement.
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The issue of enforcing the judgment shall be resolved in the manner prescribed by article 96 of this Code.
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Article 194. Execution of the judgment
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The judgment shall be executed after its entry into legal force in the order prescribed by section V of this Code.
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Chapter 22. Ruling and resolution of the court
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Article 195. Adoption of ruling
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The court shall make a ruling in the instances provided by this Code.
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A court ruling shall be issued as a separate judicial act in cases where it is expressly provided for by this Code.
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When resolving uncomplicated issues, the court may issue a ruling on the bench. Such ruling shall be entered into the minutes of the court session and it shall specify the issues on which it has been made, the reasons why the court has come to its conclusions, and the conclusion on the issue under consideration.
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Article 196. Contents of the ruling
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A ruling adopted as a separate judicial act shall specify:
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1) name of the court, number of the case, date and place of the adoption of the ruling, composition of the court, secretary of the court session, subject matter of the dispute;
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2) name (surname, name, patronymic) of the persons involved in the case, personal identification number of the debtor individual (details of other identity documents of non-citizens of the Republic of Uzbekistan), as well as taxpayer identification number of the debtor legal entity;
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3) issue on which the ruling is being issued;
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4) the reasons that led the court to draw its conclusions, the legislation on which it is based;
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5) conclusion on the issue being considered;
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6) order and time limits for appeal (protest) against the ruling, if this is provided by law.
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The ruling that has been made at the court session shall be announced by the presiding judge at the same court session immediately after its issuance.
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Article 197. Sending copies of the ruling
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When court issues a ruling as a separate judicial act, its copy shall be sent, not later than five days from the day of its issuance, to the persons participating in the case and other persons whom it concerns by the registered mail with notification of delivery or served on them against a receipt, and if the said persons have email addresses the ruling may be sent in the form of electronic document.
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Article 198. Execution of the ruling
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The ruling of the court shall be executed immediately, unless another time is established by law or the court.
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Article 199. Order and time limits of appeal against (protesting) a ruling
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A ruling of the court may be appealed against (protested) separately from the court judgment in cases provided for by this Code and also if it precludes further progress of the case.
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The remaining rulings are not subject to an appeal (protest), but objections to these rulings may be included in the appeal (protest) against the court judgment.
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A complaint (protest) to the ruling may be submitted not later than one month from the day of adoption of the ruling, unless another term is provided by this Code.
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Article 200. Special ruling and resolution
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In case of violation of the legislation in the activities of a state body or other body, legal entity, official or citizen during the proceedings, the court has the right to issue a special ruling, regardless of their participation in the case.
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By special ruling, the court may require the relevant body or official to consider the issue of bringing to justice those guilty of violating the legislation in accordance with its competence.
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A special ruling shall be sent to the respective state or other bodies, legal persons, officials or citizens, who are obliged, within not more than one month, to inform the court about adopted measures.
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A special ruling may be appealed against (protested).
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If, at considering a dispute, the court discovers signs of a crime in the actions of persons, it shall inform the public prosecutor accordingly with attaching relevant materials in order to resolve the issue of initiating a criminal case.
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If the actions of an official or a citizen, regardless of their participation in the case, reveal signs of an administrative offense, the court shall consider the issue of bringing them to administrative responsibility, if the case of an administrative offense is authorized by law.
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The court shall adopt a resolution on instituting administrative action.
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The resolution may be appealed against (protested).
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Chapter 23. Court minutes
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Article 201. Minutes
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Minutes of the court session shall be drawn up at the court session and also when performing separate procedural actions outside the hall of the court session.
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The minutes of the court session shall specify:
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1) year, month, day and place of holding the court session;
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2) name of the court considering the case, composition of the court and secretary of the court session;
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3) name and number of the case;
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4) data about the appearance of the persons participating in the case and other participants of the court proceedings;
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5) data on explaining to the persons participating in the case and other participants of the court proceedings of their procedural laws and procedural duties by the court;
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6) rulings issued by the court on the bench without retiring to a separate room (deliberation room);
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7) oral statements and petitions of the persons participating in the case;
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8) information on all material, written, and digital evidence, as well as written expert opinions submitted to the court during the consideration of the case;
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9) information on the explanations of the persons participating in the case, the testimony of witnesses, oral explanations of experts regarding their opinions, the views of specialists, as well as the inspection, seizure, mapping, video recording, and photographing of material, written, and digital evidence;
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10) data obtained during the performance of separate procedural actions;
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11) description of the court pleadings and the opinion of the public prosecutor;
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12) data on announcement of the judgment, ruling or resolution of the court.
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The minutes of the court session may also specify other data.
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In case of an audio or video recording of the court session, the minutes of the court session shall have a record only on the issues provided by items 1 — 4, 6 — 8, 11 of part two of this article, specify the time of starting and ending of explanations of the persons participating in the case, witness testimonies, oral explanations by experts of their conclusions, pleadings and opinion of the public prosecutor, and also a notice on using audio recording means at the court session. Electronic or other carriers of audio and video records shall be adducted to the minutes of the court session.
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In the case of holding a court session in the videoconference mode, the minutes of the court session shall also specify, in addition to the data provided for in part two of this article:
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data on holding the court session in the videoconference mode;
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name of the court that has assisted in the holding of the court session in the videoconference mode;
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data on the persons participating in the case and other participants of the court session who have appeared to the court, assisted in the holding of the court session in the videoconference mode;
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data on the information and communication technology staff of the court that has assisted in the holding of the court session in the videoconference mode, and of the court considering the case.
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Article 202. Taking the minutes
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The minutes shall be taken by the secretary of the court session in the court session itself or, when performing separate procedural actions, outside the hall of the court session.
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The minutes shall be signed by the presiding judge and the secretary of the court session no later than three days after the end of the court session or the performance of a separate procedural action.
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Article 203. Remarks on the minutes
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The participants in the economic proceedings shall have the right to get acquainted with the minutes of the court session and within five days after its signing may submit their written remarks indicating the errors and incompleteness of information in it.
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Remarks on the minutes shall be considered by the presiding judge, and in case of his agreement with them he shall certify their correctness and attach them to the minutes of the court session.
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Remarks on the minutes shall be considered by the presiding judge, and in case of his agreement with them he shall certify their correctness and attach them to the minutes of the court session.
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Remarks to the minutes of the court session shall be considered within seven days after their submission, with notification of the persons participating in the case. However, their failure to appear shall not preclude the consideration of the statement on the remarks to the minutes.
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Written remarks on the minutes of the court session, submitted to the court after five days, shall not be considered by the court and shall be attached to the case file, about which the person who has submitted the written remarks shall be notified.
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The participants in the economic proceedings shall have the right to get acquainted with audio and video recordings of the court session.
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Copies of the audio or video recording of the court session shall be released to the participants in the economic proceedings with the permission of the court that considered the case.
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Chapter 231. Summary proceedings
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Article 2031. Case consideration under summary proceedings procedure
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A case shall be considered under summary proceedings procedure according to the general rules of adversary proceedings provided for by this Code, taking into account the specifics established by this chapter.
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Article 2032. Cases considered under summary proceedings procedure
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If the amount of the claim does not exceed one hundred and fifty times the base calculating amount in respect of legal entities, and one hundred times the base calculating amount in respect of individual entrepreneurs, cases on statements of claim shall be considered under the simplified proceedings procedure.
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Other cases may also be considered under summary proceedings procedure at a petition of the plaintiff and with consent of the respondent, if there are no circumstances specified in part four of this article.
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Cases on corporate disputes and cases on the application of enforcement action shall not be considered under summary proceedings procedure.
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The court shall issue a ruling on the consideration of the case under general rules of adversary proceedings, if, in the course of the consideration of the case under summary proceedings procedure the petition of the third party to join the case has been satisfied and the counterclaim, which may not be considered under the rules established by this chapter, has been accepted or the court, including at a petition of one of the parties, has come to conclusion that:
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1) consideration of the case under summary proceedings procedure may lead to the disclosure of state secrets, commercial or other secrets protected by law;
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2) it is necessary to find out additional circumstances or examine additional evidence, as well as conduct an inspection and examination of evidence at the place of its location, appoint an expert examination or hear witness testimonies;
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3) the stated demand is related to other demands, including the demands to third parties, or to the judicial act adopted on this case or the rights and legally protected interests of third parties may be violated.
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The ruling on the consideration of the case under general rules of adversary proceedings shall specify the actions that must be performed by the persons participating in the case, and the time limits for performing these actions. After the ruling has been adopted, the case shall be considered from the beginning.
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In the event that several related demands have been stated, one of which relates to the demands specified in part one of this article, and the others are not related to them, all demands shall be subject to consideration under general rules of adversary proceedings established by this Code.
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The time limit for the consideration of the case is calculated from the date of the issuance of the ruling on the consideration of the case under general rules of adversary proceedings.
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Article 2033. Requirements to a statement of claim on a case considered under summary proceedings procedure
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A statement of claim on a case considered under summary proceedings procedure must meet the requirements specified in article 149 of this Code.
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The documents provided for in Article 151 of this Code are attached to the statement of claim in a case considered under simplified proceedings.
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Article 2034. Specific aspects of considering a case under summary proceedings procedure
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The court shall issues a ruling on the acceptance of the statement of claim to proceedings and initiation of the case, in which it shall indicate about the consideration of the case under summary proceedings procedure and the date of the consideration of the case.
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The respondent, within fifteen days from the date of the ruling on accepting the statement of claim for proceedings and initiating the case, has the right to submit to the court a response to the statement of claim, attaching documents and evidence that support it. A document confirming that a copy of it was sent to the claimant is attached to the response.
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The response to the statement of claim shall be signed by the respondent or his representative. The response signed by the representative shall be accompanied by a power of attorney.
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Non-submission of a response to the statement of claim by the respondent duly notified on the submission of the statement of claim to the court, shall not preclude the consideration of the statement of claim under summary proceedings procedure.
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The response to the statement of claim, evidence and other documents received at the court after the expiration of the established period, shall be accepted as submitted if the party justifies the impossibility of their submission within the established period and that they had been received before the court made the judgment.
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The case considered under summary proceedings procedure shall be considered by a single judge within a period not exceeding twenty days from the date of the ruling on the acceptance of the statement of claim to proceedings and initiation of the case, after the expiration of the period established for the submission of a response to the statement of claim, evidence and other documents.
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The time limit for considering a case under summary proceedings procedure shall not be subject to extension.
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The court shall consider a case under summary proceedings procedure without holding a court proceedings, summoning the parties and hearing their explanations.
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The court shall examine the explanations, objections and (or) arguments set out in the documents submitted by the parties, get acquainted with the evidence, examine the material evidence and make the judgment.
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Article 2035. Judgment on a case considered under summary proceedings procedure
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A judgment on a case considered under summary proceedings procedure shall be made by the court according to general rules specified in chapter 21 of this Code, taking into account the specifics aspects established by this chapter.
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The judgment on the case considered under summary proceedings procedure shall enter into legal force after ten days from the day of its issuance, if no appeal (protest) has been submitted against it.
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A decision in a case considered through simplified proceedings is subject to forced execution according to the rules of Section V of this Code on the basis of a writ of execution issued by the court.
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In case of submission of an appeal (protest), the judgment, if it has not been canceled, shall enter into legal force on the day of the adoption of the judgment of the court of appellate instance.
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Chapter 24. Proceedings on cases on establishing the facts having legal meaning
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Article 204. Consideration of cases on establishing the facts having legal meaning
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Cases on establishing the facts having legal meaning shall be considered by the court under general rules of adversary proceedings established by this Code, with regard to the specific aspects specified in this chapter.
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Proceedings on cases on establishing the facts having legal meaning shall be initiated on the basis of statements of the interested persons specified in article 206 of this Code.
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Article 205. Cases on establishing the facts having legal meaning
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The court shall establish the facts having meaning for evolvement, change or termination of rights of legal persons and individual entrepreneurs in economic sphere.
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The court shall consider case on establishing the fact of:
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ownership and use of immovable property by a legal person or individual entrepreneur as their own;
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state registration of a legal person or individual entrepreneur at a certain time and at a certain place;
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the ownership of the title document operating in the economic sphere to a legal entity or an individual entrepreneur, if the name of the legal entity, surname, first name or patronymic of the individual entrepreneur specified in the document does not coincide with the name of the legal entity according to its constituent document or the surname, first name, patronymic of the individual entrepreneur according to his passport or identification ID card or birth certificate.
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The court may establish other facts having legal meaning, unless another procedure for their establishment is specified by the legislation.
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Article 206. Right to submit to the court a statement on establishing the facts having legal meaning
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Legal persons and individual entrepreneurs shall have the right to submit to the court a statement for establishing the facts having legal meaning only if they do not have the opportunity to obtain or restore the proper documents certifying these facts, and if the legislation does not provide for a different procedure for establishing the relevant facts.
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A statement for establishing the facts having legal meaning shall be submitted to the court at the location or place of residence of the complainant, with the exception of statements for establishing the facts of ownership, use and disposal of immovable property and other facts having legal meaning for evolvement, change or termination of rights to immovable property, which shall be submitted to the court at the location of the immovable property.
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Article 207. Form and contents of statement on establishing the facts having legal meaning
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A statement for establishing the facts having legal meaning shall meet the requirements established by article 149 of this Code.
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A statement for establishing the facts having legal meaning shall also specify:
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1) the fact on establishment of which the statement has been submitted;
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2) the norms of the legislative act, from which it follows that the given fact entails legal consequences in economic sphere;
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3) substantiation of the necessity of establishing this fact;
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4) evidence confirming impossibility of obtaining by the complainant of appropriate documents or restoration of lost documents.
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A statement on establishing the facts having legal meaning shall be accompanied by the documents specified in article 151 of this Code.
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Article 208. Specific aspects of court proceedings on cases on establishing the facts having legal meaning
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Cases on establishing the facts having legal meaning shall be considered with the participation of the complainant and other interested parties.
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At preparing a case for court proceedings, the judge shall determine the circle of interested persons whose rights may be affected by the judgment on establishing the fact having legal meaning, notify these persons about the proceedings on the case, consider the issue of attracting them to participation in the case, inform of the time and place of the court session.
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At considering a case on establishing the fact having legal meaning, the court shall check whether the legislation provides for a different procedure for establishing this fact, whether the complainant had another opportunity to obtain or restore the necessary documents, whether this fact establishes or entails legally significant consequences for the complainant in connection with his activities in economic sphere; find out whether the establishment of the required fact affects the rights of others, whether an issue of law has arisen.
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If in the course of the proceedings on establishing the fact having legal meaning it is established that an issue of law has arisen, the court shall leave the statement for establishing the fact having legal meaning without consideration, on which a ruling shall be made.
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The ruling shall provide explanations to the complainant and other persons interested in the case on their right to apply to court under adversary proceeding.
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Article 209. Judgment of the court on a case on establishing the fact having legal meaning
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The judgment on the case on establishment of the fact having legal meaning shall be adopted by the court according to the rules established by chapter 21 of this Code.
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When the court satisfies the statement on establishment of the fact having legal meaning, the resolutory part of the judgment shall describe the established fact.
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The judgment of the court on establishment of the facts having legal meaning constitutes the ground for registration of such fact or formalization by the respective bodies of rights arising in connection with the established fact, but does not replace by itself the documents issued by these bodies.
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Chapter 25. Proceedings on bankruptcy
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Article 210. Order for consideration of bankruptcy cases
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Cases on bankruptcy of legal persons and citizens shall be considered by the court in accordance with the rules specified by this Code, with the specifics established by the legislation.
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Article 211. Right to submit a bankruptcy petition against a debtor
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A bankruptcy petition may be submitted to the court by the debtor, creditors and other interested persons in accordance with the law regulating bankruptcy relations.
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Bankruptcy petition shall be accompanied by the documents specified by the law regulating bankruptcy relations.
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Chapter 26. Proceedings on corporate disputes
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Chapter 26. Proceedings on corporate disputes
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Cases on corporate disputes shall be considered by the court in accordance with general rules of adversary proceedings provided by this Code, taking into account the specifics established by this chapter.
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Article 213. Requirements to a statement of claim on a corporate dispute
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A statement of claim on a corporate dispute must comply with the requirements specified in article 149 of this Code.
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The statement of claim on a corporate dispute shall be accompanied by the documents specified in article 151 of this Code, as well as a document confirming the state registration of a legal person and containing data about its location (postal address).
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Article 214. Measures for securing claims on corporate disputes
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Measures to secure a claim on a corporate dispute shall be taken by the court in the manner prescribed by chapter 8 of this Code.
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Chapter 27. Proceedings on cases on application of enforcement action
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Article 215. Right to request the application of enforcement action
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Controlling bodies have the right to submit to courts statements on application of enforcement action.
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Article 216. Consideration of cases on application of enforcement action
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Cases on application of enforcement action shall be considered according to the rules specified by this Code, with the specifics established in this chapter.
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Article 217. Enforcement action
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Enforcement actions are:
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termination of activity;
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termination and (or) re-profiling of the activities of entities that have a harmful effect on the environment;
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restriction, suspension and prohibition of activities, with the exception of cases of restricting or suspending activities for a period not exceeding ten working days in connection with the prevention of emergencies, epidemics and other real threats to the lives and health of the population;
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suspension of transactions on bank accounts, except for cases provided by law;
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imposing of financial sanctions, except for the accrual of penalties for late payment of taxes and other mandatory payments, as well as cases of admission by a legal person or citizen of guilt in a committed offense and voluntary payment of the sum of the financial sanction;
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suspension of the validity of licenses (permits) to engage in certain types of entrepreneurial activity for a period of more than ten days, but not exceeding six months, or termination of activities (actions) carried out under the notification procedure, and revocation of licenses (permits), except for licenses (permits) issued by the Cabinet of Ministers of the Republic of Uzbekistan and the Central Bank of the Republic of Uzbekistan;
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suspension of the validity of the certificate of special registration as a value-added tax payer for a period of more than thirty days.
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The court may also apply other enforcement actions in accordance with the legislation.
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Article 218. Form and contents of statement on application of enforcement action
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A statement on application of enforcement action shall be signed by the complainant or his representative and submitted to the court in writing.
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A statement on application of enforcement action must specify:
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1) name of the court to which the statement has been submitted;
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2) names (surname, own name, patronymic) of the persons participating in the case, and their location (postal address) and place of residence;
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3) name of the controlling body that has revealed the fact of the offense;
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4) circumstances on which the statement is based;
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5) evidence confirming the grounds for the stated claim;
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6) normative-legal acts providing for liability for actions (inaction) of a legal person or citizen, which are the grounds for submitting statement;
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7) demands of the complainant;
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8) data on observance of the pre-trial (claim) procedure for resolving a dispute with the respondent, when it is provided for by law for this category of disputes;
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9) list of the attached documents.
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A statement on application of enforcement action may specify telephone numbers, fax numbers, email address of the complainant or his representative.
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In accordance with the legislation, other information may be also specified in a statement on application of enforcement action.
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A statement on application of enforcement action, that has been submitted in violation of the requirements provided for in this article, as well as in article 219 of this Code, shall be returned to the complainant in accordance with the rules specified by article 155 of this Code.
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Article 219. Documents to be attached to a statement on application of enforcement action
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A statement on application of enforcement action, in addition to the documents provided for in part one of article 151 of this Code, shall be accompanied:
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1) a statement on the termination of activities, termination and (or) re-profiling of the activities of entities that have a harmful effect on the environment — with duly certified copies of constituent documents; evidence confirming the violation by a legal person or a citizen of the requirements of normative-legal acts, which is the ground for the termination of activities, termination and (or) re-profiling of activities of entities that have a harmful effect on the environment;
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2) a statement on restriction, suspension and prohibition of activity — with duly certified copies of constituent documents; evidence confirming the violation by a legal person or a citizen of the requirements of normative-legal acts, which is the ground for restricting, suspending and prohibiting the activities;
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3) a statement on suspension of transactions on bank accounts — with evidence confirming the obstruction by the taxpayer of a tax audit or refusal to admit officials of the state tax service to inspect territories, premises, including places used by the taxpayer to generate income or related to the maintenance of the taxable object;
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4) a statement on application of financial sanctions — with documents that has served as the ground for the conducted audit (the decision of the special authorized body for the coordination of the activities of the controlling bodies, except for cases when audit is conducted based on audit schedule, etc.); act or other document, when such a decision is not provided for by law; the decision of the investigative body (body of inquiry), if the inspection has been carried out within the framework of a criminal case; the order that has been drawn up based on the results of the audit, and the documents attached to it; the protocol of consideration of the inspection materials and the relevant decision, if their preparation or adoption is provided for by law; proof of serving or sending a copy of the decision to the respondent;
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5) to an application for the suspension of the validity of licenses (permits) to engage in certain types of entrepreneurial activity for a period of more than ten days but not exceeding six months, or for the termination of an activity (action) carried out under the notification procedure and the revocation of licenses (permits) — duly certified copies of the license (permit); evidence confirming the violation of the requirements of regulatory legal acts by a legal entity or a citizen in a manner that constitutes grounds for the suspension of the validity of the license (permit), the termination of the activity (action) carried out under the notification procedure, and (or) the revocation of the license (permit).
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Article 220. Notifications and summons on a case on application of enforcement action
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The court shall notify the persons participating in the case of the time and place of the court session in the manner prescribed by this Code. The court has the right to impose on the complainant the obligation to notify the respondent on the time and place of the court session. Failure to appear of the indicated persons, duly notified of the time and place of the court session, shall not preclude the consideration of the case, unless the court has recognized their appearance mandatory.
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Other participants in the court proceedings shall be notified and summoned to the court in accordance with the procedure established by this Code.
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Article 221. Court proceedings on a case on application of enforcement action
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A case on application of enforcement action shall be considered within a period not exceeding fifteen days from the date of the issuance of the ruling on the preparation of the case for court session, with the exception of cases on application of financial sanctions, which shall be considered not earlier than one month after the submission of the statement to the court.
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A case on application of enforcement action shall be considered within a period not exceeding fifteen days from the date of the issuance of the ruling on the preparation of the case for court session, with the exception of cases on application of financial sanctions, which shall be considered not earlier than one month after the submission of the statement to the court.
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When considering a case on application of financial sanctions, the court shall also verify the correctness of calculation of the amount of financial sanctions.
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On cases on application of enforcement action, the conclusion of an amicable agreement or mediation agreement shall not be allowed.
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Article 222. Judgment on a case on application of enforcement actino
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A judgment of the court on a case on application of enforcement action shall be made in accordance with the rules established in chapter 21 of this Code.
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Based on the results of the consideration of the case, the court shall adopt a judgment on the application of enforcement action or on the refusal to satisfy the stated claim.
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In case of satisfying the stated claim on the application of enforcement action, the resolutory part of the court judgment shall specify:
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1) name of the person to whom the enforcement action has been applied;
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2) normative-legal acts on the basis of which the enforcement action has been applied;
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3) the type of enforcement action that has been applied, in the case of a financial sanction — its amount; name of the controlling body responsible for the collection of the sum of the financial sanction;
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4) the period for which the activity is restricted, suspended, or prohibited; the period for which the validity of the license (permit) is suspended; information regarding the name, number, date of issue, and other details of the suspended license (permit), as well as the revoked license (permit) and the terminated confirmation obtained for an activity (action) carried out under the notification procedure, and information regarding the body that issued the license (permit) or was notified; the conditions to be fulfilled before the activity ceases to be restricted, suspended, or prohibited; the conditions to be fulfilled before operations on bank accounts cease to be suspended.
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A court judgment on a case on application of enforcement action shall enter into legal force ten days after its adoption, unless it has been appealed against (protested).
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In case of the submission of an appeal (protest), the court judgment, if the appeal has not been cancelled, shall enter into legal force on the day of the adoption of the resolution of the court of appellate instance.
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A copy of the judgment on the case on application of enforcement action shall be sent by the court within three working days after its adoption to the persons participating in the case, or served on them against receipt, and if the said persons have e-mail addresses, it may be sent as an electronic document.
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Chapter 28. Proceedings on cases on challenging court of arbitration awards
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Article 223. Challenging a court of arbitration award
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An award of a court of arbitration on the dispute which falls under the jurisdiction of the economic court may be challenged by a party to the arbitration proceedings through submission of a statement for cancellation of the award of the court of arbitration to the economic court within thirty days from the day of its receipt.
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An award of a court of arbitration on the dispute which falls under the jurisdiction of the economic court may be also challenged by persons who have not been attracted to the participation in the dispute, on the rights and duties of which the court of arbitration has made an award.
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The submission of a statement for cancellation of the award of the court of arbitration shall suspend the proceedings on the execution of the award of the court of arbitration until the end of the proceedings of the economic court on the dispute.
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Article 224. Form and contents of statement on cancellation of the award of the court of arbitration
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A statement on cancellation of the award of a court of arbitration shall be signed and submitted by the party in the arbitration proceedings who is challenging the award, in writing.
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A statement on cancellation of the award of a court of arbitration shall specify:
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1) name of the economic court, to which the statement is being submitted;
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2) name, composition and location of the court of arbitration, which adopted the award that is being challenged;
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3) names (surnames, own names, patronymics) of the parties of the arbitration proceedings, the place of location (postal address) or residence thereof;
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4) the date of issuance of the award of the court of arbitration;
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5) the date of receipt of the challenged award of the court of arbitration by the party who has submitted the statement on its cancellation;
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6) demand on cancellation of the award of the court of arbitration and the grounds on which it is being challenged.
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A statement on cancellation of the award of the court of arbitration may specify phone numbers, fax numbers, email addresses and other data.
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A statement on cancellation of the award of the court of arbitration shall be accompanied by:
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1) a certified copy of the award of the court of arbitration. A copy of the award of a permanent court of arbitration shall be certified by the chairperson of this court of arbitration, and the signature of the arbitrator on a copy of the award of the temporary court of arbitration shall be notarilly certified;
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2) a duly certified copy of the arbitration agreement;
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3) documents submitted to substantiate the statement on cancellation of the award of the court of arbitration;
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4) documents confirming payment of the state duty and the postage in the prescribed order and amount;
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5) document confirming the fact of sending of a copy of the statement on cancellation of the award of the court of arbitration and the attached to it documents to the other party of the arbitration proceedings.
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If the statement on cancellation of the award of the court of arbitration has been submitted by the representative of the party to the arbitration proceedings, the statement shall be accompanied by a power of attorney confirming his powers to sign the petition.
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In case of non-compliance with the requirements of parts one and two of article 223 of this Code, the statement on cancellation of the award of a court of arbitration shall be subject to refusal from acceptance according to the rules prescribed by article 154 of this Code.
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In case of violations of the requirements specified in part three of article 37 of this Code, in parts one, two, four and five of this article, the statement on cancellation of the award of the court of arbitration shall be, in accordance with the rules provided for by article 155 of this Code, returned to the person who has submitted it.
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Article 225. Order of consideration of statement on cancellation of the award of the court of arbitration
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A statement on cancellation of the award of the court of arbitration shall be considered by a single judge in accordance with the rules provided for by this Code.
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When preparing the case for court proceedings, at the petition of a party to the arbitration, the judge may request from the court of arbitration the materials of the case, the award on which has been challenged in the economic court, in accordance with the rules established by this Code for request for evidence.
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The parties to the arbitration proceedings shall be notified by the economic court of the time and place of holding the court session. Failure to appear of the indicated persons, duly notified of the time and place of the court session, shall not preclude the consideration of the case.
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When considering the case in the court session, the economic court shall establish the presence or the absence of the grounds, provided for by article 226 of this Code, for the cancellation of the award of the court of arbitration through examining the evidence presented to the court in substantiation of the stated demands and objections.
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When considering the case at the court session, the economic court is not entitled to examine the circumstances established by the court of arbitration or to reconsider the award of this court on the merits.
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Article 226. Grounds for cancellation of the award of the court of arbitration
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An award of the court of arbitration may be cancelled by the economic court if the party to the arbitration proceedings that has submitted the statement on cancellation of the award of the court of arbitration presents evidence that:
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1) the arbitration agreement is invalid on the grounds provided by law;
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2) the award of the court of arbitration has been adopted on the dispute which is not a subject matter of the arbitration agreement or does not fall under its conditions, or if the award has conclusions on issues which extend beyond the bounds of the arbitration agreement. If the conclusions of the court of arbitration on issues that are covered by the arbitration agreement can be separated from the conclusions on issues that are not covered by the arbitration agreement, only that part of the award of the court of arbitration that contains conclusions on issues that are not covered by the arbitration agreement may be canceled;
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3) the composition of the court of arbitration or the arbitration proceedings have not complied with the provisions of articles 14, 15, 16 and 25 of the Law of the Republic of Uzbekistan «On Courts of Arbitration»;
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4) the award of the court of arbitration has been adopted in violation of the requirements of parts one and three of article 10 of the Law of the Republic of Uzbekistan «On Courts of Arbitration»;
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5) the party to the arbitration proceedings against which the award of the court of arbitration has been adopted has not been properly informed on the selection (appointment) of the arbitrators or of the time and place of holding the session of the court of arbitration and therefore could not present its explanations to the court of arbitration.
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The award of the court of arbitration shall be subject to cancellation by the economic court if the dispute that has been considered by the court of arbitration cannot be the subject of arbitration in accordance with law, or the dispute has been considered by the court of arbitration formed in violation of the requirements of article 5 of the Law of the Republic of Uzbekistan «On Courts of Arbitration», or the court of arbitration has adopted the award on the rights and duties of the persons that has not been attracted to participation in the case.
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Article 227. Ruling on a case on cancellation of the award of a court of arbitration
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The economic court shall issue a ruling based on the results of consideration of the case on cancellation of the award of the court of arbitration in accordance with the rules provided by this Code for adoption of an award.
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A ruling of the economic court on cancellation of the award of the court of arbitration or on refusal to cancel the award of the court of arbitration shall also specify:
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1) data about the award being challenged and on the place of its adoption;
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2) data on the name and composition of the court of arbitration, which adopted the award being challenged;
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3) names (surnames, own names, patronymics) of the parties of the arbitration proceedings;
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4) indication to the cancellation of the award of the court of arbitration, in whole or in part, or to refusal to satisfy the demand of the complainant in whole or in part.
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The cancellation of the award of the court of arbitration shall not preclude a repeated address to the court of arbitration by the parties of the arbitration proceedings, in accordance with the arbitration agreement, if a possibility of addressing to the court of arbitration is not lost, or to the economic court under general rules established by the present Code.
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If the award of the court of arbitration has been cancelled by the economic court in full or in part because of invalidity of the arbitration agreement or if the award was adopted on the dispute which has not been provided for by the arbitration agreement or, if the award does not fall under conditions of the arbitration agreement, or if the award contains conclusions on the issues, which are not covered by the arbitration agreement, the parties of the arbitration proceedings may apply for settling the dispute to the economic court according to general rules established by this Code.
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A ruling of the economic court on a cases on cancellation of the award of a court of arbitration may be appealed against (protested) under the procedure established by this Code.
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Chapter 29. Proceedings on cases on issuance of writ of execution for enforcement of an award of the court of arbitration
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Article 228. General rules of issuance of writ of execution for enforcement of an award of the court of arbitration
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The rules established in this Chapter shall apply when the economic court considers statements of the parties in the arbitration proceedings on issuance of a writ of execution for enforcement of the awards of courts of arbitration.
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The issue of issuing a writ of execution for enforcement of the award of the court of arbitration shall be considered by the economic court upon the statement submitted by the party to the arbitration proceedings in whose favor the award of the court of arbitration has been issued.
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Article 229. Form and contents of statement on issuance of a writ of execution for enforcement of an award of the court of arbitration
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A statement on issuance of a writ of execution for enforcement of an award of the court of arbitration shall be submitted in writing and signed by the party to the arbitration proceedings, in favor of whom the award has been made, or his representative.
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A statement on issuance of a writ of execution for enforcement of an award of the court of arbitration shall specify:
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1) name of the economic court, to which the statement is being submitted;
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2) name, location and composition of the court of arbitration, which adopted the award;
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3) names (surnames, own names, patronymics) of the parties of the arbitration proceedings and the place of location (postal address) or residence thereof;
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4) date of the issuance of the award of the court of arbitration;
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5) date of receipt of the award of the court of arbitration by the party of the arbitration proceedings who has submitted the statement;
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6) demand for issuance of a writ of execution for enforcement of the award of the court of arbitration.
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A statement on issuance of a writ of execution for enforcement of an award of the court of arbitration may specify phone numbers, fax numbers, email addresses and other information.
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A statement on issuance of a writ of execution for enforcement of an award of the court of arbitration shall be accompanied by:
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1) a certified copy of the award of the court of arbitration. A copy of the award of the permanent court of arbitration shall be certified by the chairperson of this court of arbitration, the signature of the arbitrator on a copy of the award of the temporary court of arbitration shall be notarilly certified;
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2) a duly certified copy of the arbitration agreement;
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3) documents confirming payment of the state duty, if the complainant is not exempted from its payment, and postage in the prescribed order and amount;
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4) a notice of service or other document confirming the fact of sending of a copy of the statement on issuance of the writ of execution for enforcement of the award of the court of arbitration to the other party of the arbitration.
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If the statement on issuance of the writ of execution for enforcement of the award of the court of arbitration has been submitted by a representative of the party to the arbitration proceedings, the statement shall be accompanied by a power of attorney confirming his powers to sign the statement.
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A statement for issuance of the writ of execution for enforcement of the award of the court of arbitration may be submitted within six months from the date of termination of the term of voluntary execution of the award of the court of arbitration. If the specified time limit has been missed for reasons recognized by the economic court as valid, it may be restored.
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In case of non-compliance with the requirements of part two of article 228 of this Code, as well as in case of refusal to restore the missed time limit provided for in part six of this article, the statement for issuance of the writ of execution for enforcement of the award of the court of arbitration shall be refused according to the rules provided in article 154 of this Code.
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In case of failure to comply with the requirements provided in part four of article 37 of this Code, parts one, two, four and five of this article, as well as in the case of submitting the statement after the expiration of a six-month period and in case of absence of a petition for restoration of the missed time limit, the statement for issuance of the writ of execution for enforcement of the award of the court of arbitration shall be returned to the person who submitted it in accordance with the rules established by article 155 of this Code.
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Article 230. Order of consideration of statement on issuance of a writ of execution for enforcement of the award of the court of arbitration
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A statement for issuance of a writ of execution for enforcement of the award of a court of arbitration shall be considered by a single judge, in accordance with the rules established by this Code.
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At preparation of the case for court proceedings, on a petition of a party to the arbitration proceedings, the judge is entitled to request from the court of arbitration the materials of the case on which the writ of execution is being requested, according to the rules established by this Code for requesting evidence.
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The economic court shall properly notify the parties of the arbitration proceedings on the time and place of holding the court session. Nonappearance of the said persons properly notified on the time and place of holding the court session shall not preclude the consideration of the case.
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When considering the case in the court session, the economic court shall establish the presence or absence of the grounds to issue the writ of execution for enforcement of the award of the court of arbitration, provided by article 231 of this Code, through examination of the evidence of substantiation of the stated demands and objections, submitted to the economic court.
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When considering the case at the court session, the economic court shall not be entitled to examine the circumstances established by the court of arbitration, or to reconsider the award of the court of arbitration on the merits.
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If in the proceedings of the economic court specified in part three of article 37 of this Code, there is a statement on cancellation of the award of the court of arbitration, the economic court which considers the statement for issuance of the writ of execution for enforcement of this award, on a petition of the debtor, may adjourn the consideration of the statement for issuance of the writ of execution for enforcement of the award of the court of arbitration.
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Article 231. Grounds for refusal to issue a writ of execution for enforcement of the award of a court of arbitration
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The economic court shall refuse to issue a writ of execution for enforcement of the award of a court of arbitration, only if the party of the arbitration proceedings, against whom the award of the court of arbitration has been adopted, presents the evidence that:
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1) arbitration agreement is invalid on the grounds provided by the law;
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2) the award of the court of arbitration has been adopted on the dispute, which is not provided for by the arbitration agreement or which does not fall under its conditions, or contains conclusions on the issues, exceeding the bounds of the arbitration agreement. If in the award of the court of arbitration, conclusions on the issues covered by the arbitration agreement may be separated from those not covered by such an agreement, the economic court shall issue a writ of execution only on that part of the award of the court of arbitration, which contains conclusions on the issues covered by the arbitration agreement;
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3) composition of the court of arbitration or the procedure of the arbitration did not comply with the provisions of articles 14, 15, 16 and 25 of the Law of the Republic of Uzbekistan «On Courts of Arbitration»;
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4) award of the court of arbitration has been adopted in violation of the requirements of parts one and three of article 10 of the Law of the Republic of Uzbekistan «On Courts of Arbitration»;
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5) the party to the arbitration proceedings, against whom the award was adopted, has not been properly notified on the selection (appointment) of arbitrators or about the time and place of holding the session of the court of arbitration and therefore could not present his explanations to the court of arbitration;
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6) the award of the court of arbitration has not yet become binding for the parties of the arbitration proceedings or has been cancelled, or its execution has been suspended by the economic court or civil court.
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The economic court shall refuse to issue a writ of execution for enforcement of an award of the court of arbitration if the dispute that has been considered by the court of arbitration cannot be a subject to an arbitration proceedings in accordance with law, or the dispute has been considered by the court of arbitration formed in violation of the requirements of article 5 of the Law of the Republic of Uzbekistan «On Courts of Arbitration», or the court of arbitration has adopted the award on the rights and duties of the persons not attracted to participation in the case.
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Article 232. Ruling on the case on issuance of a writ of execution for enforcement of the award of a court of arbitration
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The economic court shall make a ruling based on the results of consideration of the case on issuance of a writ of execution for enforcement of the award of the court of arbitration, in accordance with the rules established by this Code for adoption of awards.
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The ruling of the economic court on issuance of a writ of execution for enforcement of the award of the court of arbitration or on refusal thereof shall also specify:
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1) name and composition of the court of arbitration, which has adopted the award;
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2) names (surnames, own names, patronymics) of the parties of the arbitration proceedings;
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3) data about the award of the court of arbitration for the issuance of a writ of execution for enforcement of which the complainant is petitioning;
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4) an instruction to issue a writ of execution or to refuse to issue a writ of execution for the enforcement of the decision of the arbitral tribunal.
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Refusal to issue a writ of execution for enforcement of the award of the court of arbitration shall not preclude a repeated appeal by the parties to the arbitration proceedings, in accordance with the arbitration agreement, to the court of arbitration, if the opportunity of such appeal is not lost, or to the economic court according to the rules established by this Code.
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If the issuance of a writ of execution for enforcement of the award of the court of arbitration, in whole or in part, has been refused by the economic court because of invalidity of the arbitration agreement or if the award was adopted on the dispute which has not been provided for by the arbitration agreement or, if the award does not fall under conditions of the arbitration agreement or, if the award contains conclusions on the issues, which are not covered by the arbitration agreement or, if the dispute cannot be a subject to an arbitration proceedings, the parties of the arbitration proceedings may apply for settling the dispute to the economic court, according to the rules established by this Code.
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A ruling of the economic court on issuance of a writ of execution for enforcement of the award of a court of arbitration shall be complied with immediately.
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A ruling of the economic court adopted in accordance with part one of this article may be appealed against (protested) in accordance with the procedure established by this Code.
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Chapter 291. Proceedings in cases related to arbitration proceedings
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§ 1. Proceedings in cases related to the provision of assistance to arbitration proceedings
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Article 2321. General rules for the consideration of cases related to the provision of assistance to arbitration proceedings
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The rules established in this chapter are applied when the economic court considers the applications of the parties to the arbitration proceedings for the appointment of an arbitrator, satisfaction of the arbitrator's challenge, making a decision on the termination of the arbitrator's powers, making decisions on the jurisdiction of the arbitration court, recognition and enforcement of interim measures, taking interim measures, assistance in obtaining evidence.
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Article 2322. Form and content of the application
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The applications specified in Article 2321 of this Code are submitted in writing and must be signed by the party to the arbitration proceedings or its representative, and the application for assistance in obtaining evidence filed by the arbitration court must be signed by the presiding arbitrator.
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The application must indicate:
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1) the name of the economic court to which the application is submitted;
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2) the name of the arbitration court, the place of arbitration and its composition;
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3) names (last names, first names, patronymics) of the parties to the arbitration proceedings, their location (postal address) or place of residence;
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4) the circumstances on which the claim is based;
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5) evidence confirming the grounds of the claim;
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6) list of attached documents.
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The application for assistance in obtaining evidence must also indicate what circumstances relevant to the case can be established by this evidence, identify the evidence and indicate its location.
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The application may indicate telephone numbers, fax numbers, email addresses and other information of the parties.
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If the application is submitted by a representative of a party to the arbitration proceeding, then a power of attorney confirming his authority to sign the application is attached to the application.
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An application for the appointment of an arbitrator, satisfaction of the arbitrator's challenge, and making decisions on the jurisdiction of the arbitration court may be filed within the period specified in articles 16, 18 and 21 of the Law of the Republic of Uzbekistan "On International Commercial Arbitration". If the specified deadline is missed for reasons recognized by the economic court as valid, the missed deadline may be restored.
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In case of non-compliance with the requirements provided for in Article 2323 of this Code, parts one, two, three and five of this Article, the application is returned to the applicant according to the rules provided for in Article 155 of this Code.
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Article 2323. Documents attached to the application
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The followings are attached to the applications specified in Article 2321 of this Code:
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1) the original of the arbitration agreement or its duly certified copy;
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2) documents confirming payment of postal expenses in the prescribed manner and amount;
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3) notification of delivery or other document confirming the sending of a copy of the application to the other party to the arbitration proceedings.
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In addition to the documents specified in part one of this article, the following must be attached to the application:
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1) on the appointment of an arbitrator — evidence of filing a claim with the arbitration court; evidence of the appointment of an arbitrator by the applicant (parties to the arbitration proceedings) or non-compliance with the procedure for appointing an arbitrator;
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2) on the satisfaction of the arbitrator's challenge — evidence of the filing of a claim to the arbitration court; a certified copy of the ruling of the arbitration court based on the results of consideration of the petition for the arbitrator's challenge. A copy of the ruling of a permanent arbitration institution is certified by the head of this arbitration institution, the signature of the arbitrator on the copy of the ruling of the arbitration court created to resolve a specific dispute must be notarized;
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3) on making a decision regarding the termination of the powers of an arbitrator — evidence of filing a claim with the arbitration court; evidence confirming the impossibility of the arbitrator to perform his functions, or evidence of the arbitratorʼs failure to perform his functions without unreasonable delay;
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4) on making decisions on the jurisdiction of the arbitration court — a certified copy of the arbitration court's ruling on its jurisdiction. A copy of the ruling of a permanent arbitration institution is certified by the head of this arbitration institution, the signature of the arbitrator on the copy of the ruling of the arbitration court created to resolve a specific dispute must be notarized;
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5) on the recognition and enforcement of interim measures — a certified copy of the ruling of the arbitration court on the adoption of interim measures. A copy of the ruling of a permanent arbitration institution is certified by the head of this arbitration institution, the signature of the arbitrator on the copy of the ruling of the arbitration court created to resolve a specific dispute must be notarized;
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6) on the adoption of interim measures — evidence of a claim to the arbitration court;
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7) on assistance in obtaining evidence - evidence of the existence of a dispute in the proceedings of the arbitration court, the resolution of which requires evidence, for assistance in obtaining which an application has been submitted.
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When submitted to an economic court, documents drawn up in a foreign language must be accompanied by a duly certified translation into the state language or into the language in which economic proceedings are conducted.
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Article 2324. Judicial proceedings in cases related to the provision of assistance to arbitration proceedings
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Cases on applications for recognition and enforcement of interim measures, on the adoption of interim measures are considered no later than the next day after the receipt of the application.
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Cases on applications for the appointment of an arbitrator, satisfaction of the arbitrator's challenge, making a decision on the termination of the arbitrator's powers, making decisions on the jurisdiction of the arbitration court, assistance in obtaining evidence are considered within twenty days from the date of the ruling on the preparation of the case for trial.
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Cases related to the provision of assistance to arbitration proceedings are considered by the judge alone according to the general rules of economic legal proceedings, taking into account the features specified in this Chapter.
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When considering the cases specified in part two of this article, the court may request data on the arbitrators included in the list of arbitrators of the permanent arbitration institution, as well as case materials that are related to the case being considered by the economic court. The arbitration institution is obliged to submit the requested documents to the economic court no later than the next day after receiving the request.
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Based on the results of the consideration of the case, the economic court issues a ruling.
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An economic court ruling issued based on the results of consideration of an application for recognition and enforcement of interim measures and for the adoption of interim measures may be appealed (protested) in the manner established by this Code.
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§ 2. Proceedings on cases of appeal of an arbitration award
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Article 2325. Appeal of an arbitration award
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An arbitration award may be appealed by a party to the arbitration proceedings by filing an application for annulment of the arbitration award to the economic court.
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The arbitration award may also be appealed by persons who were not involved in the case, on whose rights and obligations the arbitration award was made.
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An application for annulment of an arbitration award cannot be filed after three months, counting from the date on which the party filing the application received the arbitration award, and if a request was submitted in accordance with Article 49 of the Law of the Republic of Uzbekistan “On International Commercial Arbitration” - from the date the arbitration court made a decision on this request, or if a person who was not involved in the case, on whose rights and obligations the arbitration decision was made, became aware or should have become aware of the circumstances that are the basis for filing an application to cancel the arbitration award.
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In the event of an application for the annulment of an arbitration award, the economic court may, in appropriate cases and at the request of one of the parties, suspend the proceedings on the issue of annulment of the arbitral award for a period established by it in order to provide the arbitration court with the opportunity to resume the arbitration proceedings or take other actions that, in the opinion of the arbitration court, they will eliminate the grounds for canceling the arbitration award.
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Article 2326. Form and content of the application for annulment of the award
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An application to cancel an arbitration award is submitted in writing and signed by a party to the arbitration proceedings or a person not involved in the case on whose rights and obligations the arbitration award was made, or their representative.
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The application for annulment of the award must specify:
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1) the name of the economic court to which the application is submitted;
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2) the name of the arbitration court, the place of arbitration and its composition;
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3) names (last names, first names, patronymics) of the parties to the arbitration proceedings, their location (postal address) or place of residence;
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4) date of adoption of the arbitration award;
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5) the date of receipt of the appealed arbitration award by the party that filed an application to cancel the award;
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6) the requirement to cancel the arbitration award and the grounds on which it is being appealed.
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The application for annulment of the arbitration award may contain telephone numbers, fax numbers, e-mail address and other information of the parties.
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The application of the party to the arbitration proceedings for annulment of the award shall be accompanied by:
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1) a certified copy of the award. A copy of the arbitration award of a permanent arbitration institution is certified by the head of this arbitration institution, the signature of the arbitrator on the copy of the arbitration award of the arbitration court created to resolve a specific dispute must be notarized;
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2) the original of the arbitration agreement or its duly certified copy;
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3) documents submitted in support of the claim for annulment of the arbitral award;
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4) documents confirming payment of state duty and postal expenses in the prescribed manner and amount;
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5) a document confirming the sending of a copy of the application to cancel the arbitration award and the documents attached to it to the other party to the arbitration proceedings.
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Documents drawn up in a foreign language, when submitted to the economic court, must be accompanied by their duly certified translation into the state language or into the language in which economic proceedings are conducted.
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The documents specified in paragraphs 3, 4 and 5 of part four of this article shall be attached to the application for the cancellation of the arbitral award of a person not involved in the case on whose rights and obligations the arbitral award was made.
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If an application for the cancellation of an arbitration award is filed by a representative of a party to the arbitration proceedings or by a representative of a person not involved in the case on whose rights and obligations the arbitration decision was made, a power of attorney confirming the representative's authority to sign it is attached to the application.
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In case of non-compliance with the requirements provided for in parts one and two of Article 2325 of this Code, the application for cancellation of the arbitration award is subject to refusal according to the rules provided for in Article 154 of this Code.
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In case of non-compliance with the requirements provided for in part five of Article 37 of this Code, in parts one, two, four — seven of this article, the application for cancellation of the arbitration award is returned to the applicant according to the rules provided for in Article 155 of this Code.
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Article 2327. Consideration of an application for annulment of an arbitration award
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An application to cancel an arbitration award is considered by a judge alone according to the rules provided for in Chapter 28 of this Code.
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Article 2328. Grounds for annulment of the arbitration award
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An arbitration award is subject to cancellation by an economic court if a party or a person not involved in the case on whose rights and obligations the arbitration decision was made provides evidence that:
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1) the arbitration agreement is invalid under the legislation to which the parties have subjected this agreement, and in the absence of such legislation, under the legislation of the Republic of Uzbekistan;
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2) one of the parties to the arbitration agreement specified in Article 12 of the Law of the Republic of Uzbekistan “On International Commercial Arbitration” was in any way incapacitated;
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3) the party was not properly notified of the appointment of an arbitrator or of the arbitration proceedings, or for other reasons was unable to present its arguments;
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4) the arbitration award is made on a dispute that is not provided for resolution in arbitration or does not fall under the terms of applying to arbitration, or contains decisions on issues beyond the scope of the arbitration agreement. Moreover, if decisions on issues subject to arbitration can be separated from those that are not subject to arbitration, then only that part of the arbitration award that contains decisions on issues not subject to arbitration can be canceled;
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5) the composition of the arbitration court or the arbitration procedure did not comply with the agreement of the parties, unless such an agreement contradicts any provision of the Law of the Republic of Uzbekistan "On International Commercial Arbitration", from which the parties cannot deviate, or, in the absence of such an agreement, did not comply with the Law of the Republic of Uzbekistan "On International Commercial Arbitration".
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The arbitration award is subject to cancellation if the economic court determines that:
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1) the subject of the dispute is not subject to arbitration under the legislation of the Republic of Uzbekistan;
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2) the arbitration award contradicts the public policy of the Republic of Uzbekistan.
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Article 2329. Ruling in the case of annulment of the arbitral award
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Based on the results of the consideration of the case on the cancellation of the arbitration award, the economic court issues a ruling according to the rules provided for by this Code for making a decision.
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The ruling of the economic court on the cancellation of the arbitration award or on the refusal to cancel the arbitration award must also contain:
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1) information about the arbitration award being appealed and the place of its adoption;
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2) information on the name and composition of the arbitration court that adopted the appealed award;
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3) names (surnames, first names, patronymics) of the parties to the arbitration proceedings;
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4) an indication of the annulment of the arbitral award in whole or in part or the refusal to satisfy the applicant's claim in whole or in part.
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The cancellation of the arbitration award does not prevent the parties to the arbitration proceedings in accordance with the arbitration agreement from applying to arbitration again, if the possibility of applying to arbitration has not been lost, or to apply to the economic court according to the general rules provided for by this Code.
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If the arbitration award is annulled by the economic court in whole or in part due to the invalidity of the arbitration agreement, or the decision was made on a dispute not provided for by the arbitration agreement, or does not fall under its terms, or contains conclusions on issues not covered by the arbitration agreement, the parties to the arbitration proceedings may apply for resolution of such dispute to the economic court on the general rules provided for by this Code.
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The ruling of the economic court in the case of canceling an arbitration award may be appealed (protested) in the manner established by this Code.
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Chapter 29². Proceedings on Cases for the Issuance of a Writ of Execution for the Compulsory Enforcement of a Mediation Agreement
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Article 232¹⁰. General rules for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement
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The rules established in this Chapter shall apply during the consideration by an economic court of applications from parties who have concluded a mediation agreement for the issuance of a writ of execution for the compulsory enforcement of the mediation agreement.
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In the event of non-fulfillment of a mediation agreement by the parties on a voluntary basis, a case for the issuance of a writ of execution for the compulsory enforcement of the mediation agreement shall be considered by an economic court upon the application of an interested party that concluded the mediation agreement.
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Article 232¹¹. Form and content of an application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement
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An application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be submitted in writing or in the form of an electronic document and must be signed by the applicant or their representative.
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An application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement must indicate the following:
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1) the name of the economic court to which the application is being submitted;
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2) the name (surname, first name, patronymic), location (postal address), or place of residence of the parties that concluded the mediation agreement;
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3) the claim for the issuance of a writ of execution for the compulsory enforcement of the mediation agreement.
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Telephone and fax numbers, email addresses, and other information may be indicated in the application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement.
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The following shall be attached to the application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement:
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1) the original or a duly certified copy of the mediation agreement;
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2) documents confirming the payment of state duty and postal expenses in the prescribed manner and amount;
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3) a notification or other document confirming that a copy of the application for the issuance of a writ of execution for the compulsory enforcement of the mediation agreement has been delivered or sent to the other party of the mediation agreement.
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If the application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement is submitted by a representative of the interested party that concluded the mediation agreement, a power of attorney or another document confirming the authority of the representative must be attached to it.
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An application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement may be submitted no later than six months from the date of expiry of the period for the voluntary execution of the mediation agreement. If this period is missed for reasons deemed valid by the economic court, the missed period may be restored.
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In the event of a refusal to restore the missed period provided for in the sixth part of this Article, the acceptance of the application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be refused in accordance with the rules provided for in Article 154 of this Code.
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In the event of non-compliance with the requirements provided for in the sixth part of Article 37, and the first, second, fourth, and fifth parts of this Article, as well as if the application is submitted after the expiry of the six-month period and there is no motion to restore the missed period, the application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be returned to the applicant in accordance with the rules provided for in Article 155 of this Code.
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Article 232¹². Procedure for considering an application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement
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An application for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be considered by a judge individually, in accordance with the rules provided for in this Code.
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The economic court shall notify the parties that concluded the mediation agreement of the time and place of the court session. The failure of the said persons, duly notified of the time and place of the court session, to appear shall not be an obstacle to the consideration of the case.
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When considering the case in a court session, the economic court shall determine the existence or non-existence of the grounds provided for in Article 232¹³ of this Code for refusing to issue a writ of execution for the compulsory enforcement of the mediation agreement, and whether the demands stated and the obligations established in the mediation agreement have been fully fulfilled or unfulfilled.
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When considering the application in a court session, the economic court shall not be entitled to consider the merits of the dispute that led to the conclusion of the mediation agreement.
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Article 232¹³. Grounds for refusing to issue a writ of execution for the compulsory enforcement of a mediation agreement
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The issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be refused if:
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the mediation agreement is contrary to legislation;
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the terms of the mediation agreement, the enforcement of which is requested, have been amended or terminated;
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the obligations established in the mediation agreement have been fully fulfilled;
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the application for the issuance of a writ of execution for the compulsory enforcement of the mediation agreement was submitted after the expiry of six months from the date of termination of the period for the voluntary execution of the mediation agreement, except for cases where the missed period was deemed valid and restored by the court.
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If the issuance of a writ of execution for the compulsory enforcement of a mediation agreement is refused, the parties that concluded the mediation agreement may apply to the economic court for the resolution of such dispute in accordance with the rules provided for in this Code.
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Article 232¹⁴. Court ruling on a case for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement
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Based on the results of the consideration of the case for the issuance of a writ of execution for the compulsory enforcement of a mediation agreement, the economic court shall issue a ruling in accordance with the rules provided for in this Code for the adoption of a judgment.
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The ruling of the economic court on the issuance of a writ of execution for the compulsory enforcement of a mediation agreement or on the refusal to issue a writ of execution for the compulsory enforcement of a mediation agreement must also indicate the following:
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1) the name (surname, first name, patronymic) of the parties that concluded the mediation agreement;
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2) information regarding the mediation agreement;
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3) an instruction to issue a writ of execution or to refuse the issuance of a writ of execution for the compulsory enforcement of the mediation agreement.
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The ruling of the economic court on the issuance of a writ of execution for the compulsory enforcement of a mediation agreement shall be executed immediately.
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The ruling of the economic court may be appealed (subject to a protest) in the manner established by this Code.
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Chapter 30. Proceedings on cases on restoring lost court and enforcement proceedings
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Article 233. Order of restoring lost court or enforcement proceedings
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Lost court or enforcement proceedings on an economic case may be restored by the court at the statement of the persons who participated in the case, the public prosecutor, the state enforcement officer, as well as at the initiative of the court.
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Lost court or enforcement proceedings shall be restored in full or in part, which must be restored in the opinion of the court. The judgment or ruling of the court on the termination of the proceedings on the case, if they have been issued, must be restored without fail.
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The complainant shall be exempted from payment of court expenses incurred by the court when considering the case on the restoration of the lost court or enforcement proceedings. In case of knowingly false statement, court expenses shall be recovered from the complainant.
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Article 234. Submission of statement for restoring the lost court or enforcement proceedings
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A statement for restoring of the lost court proceedings shall be submitted to the court in which the case has been considered, and the statement for restoring the lost enforcement proceedings shall be submitted to the court at the place of enforcement and considered by the corresponding court.
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The statement shall contain detailed data on the case. The statement shall be accompanied by the documents retained by the complainant and relevant to the case, or their copies, even if they are not certified in the prescribed manner.
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Article 235. Consideration of statement for restoring the lost court or enforcement proceedings
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When considering a case on the restoration of a lost court or enforcement procedure, the economic court shall use the remaining parts of the proceedings, documents released from the case file before the loss of the proceedings to legal persons and citizens, copies of these documents, as well as other documents related to the case.
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The court may interrogate as witnesses the persons who were present at the performance of the procedural actions, the persons who executed the court judgment, and, if necessary, the persons who were members of the court composition that considered the case on which the court or enforcement proceedings have been lost.
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Article 236. Judgment on statement for restoring a lost court of enforcement proceedings
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The judgment on the restoration of the lost court proceedings shall specify on the basis of which specific data presented to the court and examined in the court session with the participation of all participants of the court proceedings on the lost proceedings, the court considers the content of the documents being restored to be established.
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The resolutory part of the judgment on the case on the restoration of the lost court proceedings shall also indicate the conclusions of the court on the proof of what evidence was examined by the court and what procedural actions were performed in the lost court proceedings.
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The lost enforcement proceedings shall be restored if the execution of the judicial act has been carried out.
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The act on the execution of the execution document shall be restored by a court judgment with indication of the substance of the actions performed and reflected in the act by the state enforcement officer during the execution.
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In the event of the loss of enforcement proceedings prior to the execution, when a copy of a writ of execution can be issued, the court shall, by a reasoned ruling, refuse to initiate a case on the restoration of the lost enforcement proceedings.
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Article 237. Termination of proceedings on a case on restoring lost court or enforcement proceedings
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If the collected materials are insufficient to restore the lost court or enforcement proceedings, the court shall terminate the proceedings by a ruling. In this case, the complainant is entitled to submit a claim under general procedure.
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Consideration of a statement for restoration of a judicial act on a lost court proceeding shall not be limited by the period for its retaining. However, in the case of submission of a statement for restoring the lost court proceedings for the purpose of its execution, when the time limit for the presentation of the writ of execution for enforcement has expired and cannot be restored by the court, the court shall also terminate the proceedings on the case.
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Article 238. Appealing (protesting) judicial acts related to restoration of lost court or enforcement proceedings
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Judicial acts on cases on restoration of lost court or enforcement proceedings may be appealed against (protested).
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Section III. Proceedings on cases with participation of foreign persons
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Chapter 31. General rules of consideration of cases with participation of foreign persons
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Article 239. Competence of the economic courts of the Republic of Uzbekistan on cases with participation of foreign persons
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The economic courts of the Republic of Uzbekistan shall consider cases on economic disputes arising in economic sphere with participation of foreign organizations, international organizations, foreign citizens, stateless persons (herein after — foreign persons) if:
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1) respondent remains or resides in the territory of the Republic of Uzbekistan, or his property is in the territory of the Republic of Uzbekistan;
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2) branch or representative office of the foreign person is located in the territory of the Republic of Uzbekistan;
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3) dispute has arisen from a contract under which execution must take place or have taken place in the territory of the Republic of Uzbekistan;
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4) demand has arisen from damage caused to the property by a foreign person or another circumstance, which have taken place in the territory of the Republic of Uzbekistan, or upon occurrence of the damage in the territory of the Republic of Uzbekistan;
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5) dispute has arisen from unjustified enrichment which had place in the territory of the Republic of Uzbekistan;
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6) plaintiff on the case on protection of business reputation remains in the Republic of Uzbekistan;
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7) dispute has arisen from the relations connected with circulation of securities, emission of which took place in the territory of the Republic of Uzbekistan;
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8) complainant on the case on establishment of the fact having legal meaning indicates to the presence of this fact in the territory of the Republic of Uzbekistan;
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9) dispute has arisen from the relations connected to the state registration of names and other objects and rendering services in the international information networks of Internet in the territory of the Republic of Uzbekistan;
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10) there is an agreement on this between a legal person or a citizen of the Republic of Uzbekistan and a foreign person, concluded according to the rules established by article 241 of this Code.
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Economic courts of the Republic of Uzbekistan shall consider cases on disputes arising in economic sphere with participation of foreign persons and in other cases at the presence of a connection of the disputable legal relationship with the territory of the Republic of Uzbekistan.
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Economic courts of the Republic of Uzbekistan shall also consider other cases arising in economic sphere with participation of foreign persons and referred according to article 240 of this Code to their exclusive competence.
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The case accepted by the economic court for consideration with observance of the rules established by this article shall be considered by it on the merits even, if during the proceedings on the case, in connection with change of the location or residence of the persons participating in the case or other circumstances, it has begun referring to the competence of the foreign court.
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Article 240. Exclusive competence of the economic courts of the Republic of Uzbekistan on cases with participation of foreign persons
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Consideration of cases on the following disputes with participation of foreign persons shall refer to the exclusive competence of the economic courts of the Republic of Uzbekistan:
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1) in relation to property owned by the Republic of Uzbekistan, including in disputes related to the denationalization and privatization of state property and the seizure of property for public needs;
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2) the subject matter of which is immovable property if it is located in the territory of the Republic of Uzbekistan, or a right thereto.
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By the legislation of the Republic of Uzbekistan, other cases with participation of foreign persons may also be referred to the exclusive competence of the economic courts.
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Article 241. Agreement on determination of competence of economic courts of the Republic of Uzbekistan on cases with participation of foreign persons
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If the parties, at least one of which is a foreign person, have concluded an agreement, which has determined that the economic court of the Republic of Uzbekistan has the competence on consideration of a dispute, arisen or to be arisen, related to carrying out by them of activity in economic sphere, the economic court of the Republic of Uzbekistan shall have the exclusive competence on consideration of the given dispute provided that such agreement does not change the exclusive competence of the foreign court.
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The agreement on the determination of the powers of the economic courts of the Republic of Uzbekistan must be concluded in writing.
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Article 242. Judicial immunity
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Submitting a claim against a foreign state to the economic court of the Republic of Uzbekistan, its attraction to participation in the case as a third person, imposing arrest on the property belonging to a foreign state and located in the territory of the Republic of Uzbekistan, and taking in relation to it of other measures to secure the claim, levying recovery on such property by way of enforced execution of the judgment of the economic court of the Republic of Uzbekistan shall be allowed only with the consent of the competent authorities of the relevant state, unless otherwise provided by the legislation or international treaties of the Republic of Uzbekistan.
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The judicial immunity of international organizations is defined by laws and international treaties of the Republic of Uzbekistan.
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The judicial immunity of international organizations is defined by laws and international treaties of the Republic of Uzbekistan.
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Article 243. Procedural consequences of consideration by a foreign court of the case on the dispute between same persons, on same subject matter and on the same grounds
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The economic court of the Republic of Uzbekistan shall leave the statement of claim without consideration according to the rules established by chapter 10 of this Code if a foreign court is considering a case on the dispute between the same persons, on the same subject matter, and on the same grounds, provided that the consideration of the given case does not refer to the exclusive competence of the economic court of the Republic of Uzbekistan.
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The economic court of the Republic of Uzbekistan shall terminate the proceedings of the case according to the rules established by chapter 11 of this Code if there is a judgment of a foreign court, which has entered into legal force, adopted on the dispute between the same persons, on the same subject matter, and on the same grounds, provided that the consideration of the given case does not refer to the exclusive competence of the economic court of the Republic of Uzbekistan or the said judgment is subject to recognition and enforcement in accordance with article 248 of this Code.
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Chapter 32. Specific aspects of consideration of cases with participation of foreign persons
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Article 244. Peculiarities of consideration of cases with participation of foreign persons
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Cases with participation of foreign persons shall be considered by the economic court of the Republic of Uzbekistan according to the rules established by this Code, having regard to the peculiarities provided by this chapter, unless otherwise established by a treaty of the Republic o Uzbekistan.
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Cases with participation of foreign persons, if these persons or their affiliates, representative offices or their representatives, authorized to conduct the case, remain or reside in the territory of the Republic of Uzbekistan, shall be considered within the time limits established by this Code.
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In cases of notification of foreign persons participating in the case in the order established by a treaty of the Republic of Uzbekistan, the consideration of the case shall be extended for the time limit established by a treaty of the Republic of Uzbekistan for direction of court commissions, and in the absence of such time limit in the treaty or in the absence of the said treaty — for the time limit of not more than six months.
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Article 245. Procedural rights and duties of foreign persons
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Foreign persons have the right to apply to the economic courts of the Republic of Uzbekistan according to the rules of jurisdiction and competence established by this Code, with the aim to defend their violated or challenged rights and legally protected interests in economic sphere.
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Foreign persons shall enjoy procedural rights and bear procedural duties on equal terms with legal persons and citizens of the Republic of Uzbekistan.
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Foreign persons participating in the case must present to the economic court of the Republic of Uzbekistan the evidence confirming their legal status and the right to carry out activities in economic sphere.
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The legislation of the Republic of Uzbekistan may introduce reciprocal restrictions in relation to the legal persons and individuals of those countries in which there are special restrictions of the procedural rights of the legal persons and individuals of the Republic of Uzbekistan.
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Article 246. Requirements to documents of foreign origin
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Documents issued, made or certified according to the established form by institutions, organizations and citizens of foreign states outside the Republic of Uzbekistan according to the legislation of foreign states in relation to institutions, organizations and citizens of the Republic of Uzbekistan or foreign persons shall be accepted by the economic courts of the Republic of Uzbekistan only if there is their consular legalization or stamping with the apostille, unless otherwise established by the legislation or an international treaty of the Republic of Uzbekistan, participants of which are the Republic of Uzbekistan and the state, from the institutions and organizations of which these documents are outgoing.
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Documents drawn up in a foreign language, at presentation to the economic court of the Republic of Uzbekistan, shall be accompanied by a properly certified translation thereof into the state language or into the language in which the economic proceedings are being conducted.
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Article 247. Court commissions on fulfillment of certain procedural actions
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An economic court of the Republic of Uzbekistan shall execute commissions assigned to it by courts of foreign states (service of summonses and other documents, obtaining material, written, and digital evidence, conducting expert examinations, on-site inspections, etc.) for the performance of certain procedural actions in the manner prescribed by an international treaty or law of the Republic of Uzbekistan.
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The commission of a foreign court is not subject to execution if:
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1) execution of the commission contradicts the sovereignty of the Republic of Uzbekistan or threatens the security of the Republic of Uzbekistan;
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2) execution of the commission does not fall within the competence of the economic courts of the Republic of Uzbekistan;
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3) authenticity of the commission as a document on the basis of which execution of a certain procedural actions is requested has not been established.
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Execution by the economic courts of the Republic of Uzbekistan of court commissions on the fulfillment of certain procedural actions shall be carried out in the manner prescribed by this Code, unless otherwise provided by an international treaty of the Republic of Uzbekistan.
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The economic courts of the Republic of Uzbekistan may apply, in the order established by an international treaty or the legislation of the Republic of Uzbekistan, to foreign courts or competent bodies of foreign states with court commissions on performance of certain procedural actions.
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Chapter 33. Proceedings on cases on recognition and enforcement of judgments of foreign courts and foreign arbitral awards
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Article 248. Recognition and enforcement of judgments of foreign courts and foreign arbitral awards
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Judgments of foreign courts and foreign arbitral awards adopted on disputes and other cases arising in economic sphere are recognized and enforced by the economic courts of the Republic of Uzbekistan if the recognition and enforcement of such judgments (awards) are provided by the relevant international treaties and the legislation of the Republic of Uzbekistan.
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The issues of recognition and enforcement of a judgment of the foreign court or of a foreign arbitral award shall be resolved by the economic court upon a statement of the party of the dispute in whose favor the judgment or award has been made.
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For the purposes of this Code, a foreign court means a competent foreign state body resolving disputes between the parties, and a foreign arbitration means a foreign non-state organization acting on a permanent or temporary basis to resolve disputes between the parties.
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A judgment of a foreign court and a foreign arbitral award may be presented for recognition and enforcement within three years from the date of entry into legal force of the judgment or award, unless otherwise provided by an international treaty of the Republic of Uzbekistan.
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Issues of recognition and enforcement of an arbitration award, if the place of arbitration is located in the Republic of Uzbekistan, are resolved in the manner prescribed by this chapter, taking into account the specifics provided for by the Law of the Republic of Uzbekistan “On International Commercial Arbitration”.
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Article 249. Statement for recognition and enforcement of a judgment of a foreign court or foreign arbitral award
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The application for recognition and enforcement of the decision of a foreign court or arbitration shall be submitted by the applicant to the court of the Republic of Karakalpakstan, regional and Tashkent city courts on the debtor's place of residence or residence, or if the debtor's place of residence or residence is unknown. is given on.
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Article 250. Form and contents of statement for recognition and enforcement of a judgment of a foreign court or a foreign arbitral award
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Statements for recognition and enforcement of a judgment of a foreign court or of a foreign arbitral award shall be submitted in writing and shall be signed by the complainant or its representative.
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The statement shall specify:
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1) name of the economic court, to which the petition is being submitted;
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2) name and location of the foreign court or court of arbitration and composition thereof;
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3) names (surnames, own names, patronymics) of persons participating in the case, their location (postal address) or residence;
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4) data on the judgment of the foreign court or on the foreign arbitral award, on recognition and enforcement of which the complainant is petitioning;
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5) petition of the complainant on recognition and enforcement of a judgment of a foreign court or a foreign arbitration award;
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6) list of the attached documents.
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The statements may specify telephone numbers, fax numbers, e-mail addresses of the complainant or its representative.
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Article 251. Documents to be attached to statement for recognition and enforcement of a judgment of a foreign court
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Unless otherwise established by an international treaty of the Republic of Uzbekistan, the statement on recognition and enforcement of the judgment of the foreign court shall be accompanied by:
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1) the judgment of the foreign court, the recognition and enforcement of which the complainant is requesting or its copy, certified by a competent body of the foreign state or the Republic of Uzbekistan;
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2) an official document confirming the entry into legal force of the judgment, unless it is specified in the text of the judgment;
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3) a document about the enforcement of the judgment in part if it has been enforced earlier in the territory of the relevant foreign state;
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4) a document confirming that the party, against which the judgment has been made and which has not participated in the court proceedings, has been in due time properly informed of the time and place of the consideration of the case;
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5) a power of attorney or another document, confirming the powers of the representative;
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6) a document confirming the direction to the debtor of a copy of the statement on recognition and enforcement of the judgment of the foreign court;
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7) documents confirming the payment of the state duty and postage in the prescribed order and amount, unless otherwise provided by an international treaty of the Republic of Uzbekistan;
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8) a properly certified translation of the documents specified in items 1 — 5 of this article into the state language, unless otherwise provided by an international treaty of the Republic of Uzbekistan.
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Article 252. Documents to be attached to statement for recognition and enforcement of a foreign arbitral award
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Unless otherwise established by an international treaty of the Republic of Uzbekistan, the statement on recognition and enforcement of the foreign arbitral award shall be accompanied by:
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1) the foreign arbitral award certified by a competent body of the foreign state or the Republic of Uzbekistan;
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2) an original agreement on arbitration proceedings or a copy thereof certified by a competent body of the foreign state or the Republic of Uzbekistan;
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3) a document about the enforcement of the award in part if it has been enforced earlier in the territory of the relevant foreign state;
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4) a document confirming that the party, against which the award has been made and which has not participated in the proceedings, has been in due time properly informed of the time and place of the consideration of the case;
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5) a power of attorney or another document, confirming the powers of the representative;
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6) a document confirming the direction to the debtor of a copy of the statement on recognition and enforcement of the foreign arbitral award;
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7) documents confirming the payment of the state duty and postage in the prescribed order and amount, unless otherwise provided by an international treaty of the Republic of Uzbekistan;
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8) a properly certified translation of the documents specified in items 1 — 5 of this article into the state language, unless otherwise provided by an international treaty of the Republic of Uzbekistan.
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Article 253. Return of statement for recognition and enforcement of a judgment of a foreign court or a foreign arbitral award
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The economic court of the Republic of Uzbekistan, having established at the resolving the issues of accepting to proceedings the statement for recognition and enforcement of a judgment of a foreign court or a foreign arbitral award that it was submitted in violation of the requirements of articles 249 — 252 of this Code, shall return the statement and the documents attached to it by its ruling.
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The ruling, the statement and the documents attached to it shall be sent to the complainant or its representative within five days from the day of the issuance of the ruling.
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After elimination of the circumstances that served as the grounds for the return of the statement, the interested person has the right to repeat appeal to the economic court of the Republic of Uzbekistan with the statement under general procedure.
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The ruling on the return of statement for recognition and enforcement of a judgment of a foreign court or a foreign arbitral award may be appealed against (protested). In case of cancellation of the ruling, the statement shall be considered submitted on the day of the initial submission to the economic court.
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Article 254. Order of consideration of statement for recognition and enforcement of a judgment of a foreign court or a foreign arbitral award
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A statements on recognition and enforcement of a judgment of a foreign court or a foreign arbitral award shall be considered at the court session within the time limit of not more than six months from the day of its receipt by the economic court, according to the rules established by this Code, having regard to the peculiarities established by this chapter, unless otherwise established by the relevant international treaties of the Republic of Uzbekistan.
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The persons participating in the case shall be notified on the time and place of holding the court session by the ruling of the economic court of the Republic of Uzbekistan in accordance to the procedure established article 127 of this Code. Non-appearance of the said persons properly informed on the time and place of holding the judicial session shall not preclude the consideration of the case.
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At consideration of the case, the economic court of the Republic of Uzbekistan shall establish the circumstances provided for by articles 255 and 256 of this Code by examination of evidence of substantiation of the stated demands and objections submitted to the economic court of the Republic of Uzbekistan.
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At consideration of the case, the economic court of the Republic of Uzbekistan is not entitled to reconsider the judgment of the foreign court or the foreign arbitral award on the merits.
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Article 255. Grounds for refusal to recognize and enforce a judgment of a foreign court
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The economic court of the Republic of Uzbekistan shall refuse to recognize and enforce the judgment of a foreign court in whole or in part if:
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1) the judgment, according to law of the state in the territory of which it has been adopted, has not entered into legal force, with the exception of cases when the judgment is subject to enforcement before its entry into legal force;
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2) the party against which the judgment has been adopted has not been in due time properly informed on the time and place of consideration of the case or for other reasons could not present his explanations to the court;
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3) consideration of the case, in accordance with an international treaty or the legislation of the Republic of Uzbekistan, refers to the exclusive competence of the court in the Republic of Uzbekistan;
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4) there is a judgment of the court in the Republic of Uzbekistan which has entered into legal force, adopted on the dispute between the same persons, on the same subject matter, and on the same grounds;
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5) a case is under consideration of the court in the Republic of Uzbekistan on the dispute between the same persons, on the same subject matter, and on the same grounds, proceedings on which has been initiated before the initiation of the proceedings on the case in a foreign court;
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6) the limitation period has expired on enforcement of the judgment of a foreign court, and this period was not restored by the court;
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7) a party presented evidence that the dispute has been resolved by an incompetent foreign court;
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7) a party presented evidence that the dispute has been resolved by an incompetent foreign court;
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9) the decision has been made by a court of a foreign state that is not a party to international treaties of the Republic of Uzbekistan related to the recognition and enforcement of judgments of foreign courts;
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10) enforcement of the judgment of a foreign court will be harmful to the sovereignty or security of the Republic of Uzbekistan or contradict the basic principles of the legislation of the Republic of Uzbekistan.
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The recognition and enforcement of the judgment of a foreign court may be refused also on other grounds provided by an international treaty of the Republic of Uzbekistan.
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Article 256. Grounds for refusal to recognize and enforce a foreign arbitral award
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The economic court of the Republic of Uzbekistan shall refuse to recognize and enforce a foreign arbitral award upon a statement of the party, against which it has been adapted, if this party presents evidence that:
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1) the parties to the arbitration agreement were in any way legally incapable under the law applicable to them or the arbitration agreement is invalid under the law to which the parties have subordinated this agreement, and in the absence of such indication — under the law of the country where the award has been made;
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2) the party against which the award has been made was not properly notified of the appointment of the arbitrator or of the arbitration proceedings, or due to other reasons could not provide its explanations;
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3) the arbitration award has been made on a dispute which is not provided for or does not fall under the terms of the arbitration agreement or arbitration clause in the agreement, or contains resolutions on the issues that extend beyond the scope of the arbitration agreement or the arbitration clause in the agreement, except for cases where resolutions on the issues covered by an arbitration agreement or a clause therein may be separated from those not covered by such an agreement or a clause;
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4) the composition of the arbitration body or the arbitration process has not complied with the agreement of the parties or, in the absence of such an agreement, with the law of the country where the arbitration took place;
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5) the award has not become final for the parties or its execution has been canceled or suspended by the competent authority of the state where it has been issued or the country whose law is being applied;
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6) the dispute was resolved by an incompetent foreign arbitration.
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The recognition and enforcement of a foreign arbitral award may also be refused if:
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1) the object of the dispute cannot be a subject of arbitration under the legislation of the Republic of Uzbekistan;
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2) recognition and enforcement of this award would be contrary to or would threaten the public order of the Republic of Uzbekistan;
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3) the statute of limitations has expired for enforcing a foreign arbitration award.
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Article 257. Ruling on case on recognition and enforcement of a judgment of a foreign court or a foreign arbitral award
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Based on the results of consideration of statements on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award, the economic court of the Republic of Uzbekistan shall issue a ruling according to the rules established in chapter 22 of this Code.
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Based on the results of consideration of statements on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award, the economic court of the Republic of Uzbekistan shall issue a ruling according to the rules established in chapter 22 of this Code.
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1) name and location of the foreign court or court of arbitration;
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2) names (surnames, own names, patronymics) of the complainant and the debtor;
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3) data on the judgment of the foreign court or on the foreign arbitral award, on recognition and enforcement of which the complainant is petitioning;
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4) indication to recognition and enforcement of the judgment of the foreign court or of the foreign arbitral award or to refusal to recognize and enforce it.
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Rulings on the cases on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award may be appealed against (protested) under the procedure and time limit established by this Code.
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Article 258. Enforcement of judgments of foreign courts and foreign arbitral awards
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Enforcement of the judgment of a foreign court or of a foreign arbitral award shall be made under the procedure established by the legislation of the Republic of Uzbekistan, on the basis of a writ of execution issued by the court, which has issued the ruling on recognition and enforcement of the judgment of a foreign court or of a foreign arbitral award.
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Section IV. Proceedings on review of judicial acts of economic courts
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Chapter 34. Proceedings of appellate instance
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Article 259. Right of appealing (protesting)
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Persons involved in the case, as well as persons who are not involved in the case, but have made a court decision on their rights and obligations, have the right to appeal against the decision of the court of first instance, which has not entered into force.
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The prosecutor, the superior prosecutor has the right to appeal against the decision of the court of first instance, which has not entered into force, only in the case considered in the presence of the prosecutor, as well as in the presence of the parties.
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The Commissioner for the Protection of the Rights and Legal Interests of Entrepreneurs under the President of the Republic of Uzbekistan has the right to appeal an invalid decision of the court of first instance, except for economic disputes between business entities, as well as disputes not related to entrepreneurial activity.
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The decision of the court may be appealed in whole or in part (protest).
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Article 260. The court that hears the appeal (protest)
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Appeals (protests):
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in case of issuance of decisions of relevant inter-district, district (city) economic courts - by the judicial board on economic cases of the court of the Republic of Karakalpakstan, regional and Tashkent city courts;
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decisions of the courts of the Republic of Karakalpakstan, regional and Tashkent city courts, in the case of decisions of the Supreme Court of the Republic of Uzbekistan - are considered by the Judicial Board for Economic Affairs of the Supreme Court of the Republic of Uzbekistan.
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Article 261. Order for submission of the complaint for appeal (protest)
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A complaint for appeal (protest) shall be addressed to the appellate instance court but submitted to the court that has adopted the judgment.
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The court that has adopted the judgment is obliged to send the complaint (protest) together with the case to the appellate instance court within five days from the date of its receipt.
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Article 262. Time limit for submission of the complaint for appeal (protest)
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Unless otherwise provided by law, an appeal (protest) may be filed by the court of first instance within one month from the date of the decision being appealed (protested).
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An appeal (protest) against the decision of the court on the application of the measure of legal effect in the simplified procedure shall be filed within ten days after the decision.
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Upon a petition of the person who is submitting the complaint (protest), the missed time limit for submission of the complaint for appeal (protest) may be restored by the court of appellate instance if the petition has been submitted not later than two months from the day of adoption of the judgment and the reasons for missing the time limit for submission of the complaint for appeal (protest) have been recognized by the court as valid.
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The restoration of the time limit for submission of the complaint for appeal (protest) shall be indicated in the ruling on acceptance of the complaint for appeal (protest) to proceedings.
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The refusal to restore the time limit for submission of the complaint for appeal (protest) shall be indicated in the ruling on refusal to accept the complaint for appeal (protest).
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The time limit for filing an appeal provided for in part one of this Article for persons not involved in the case, on whose rights and obligations the court made a decision, as well as persons participating in the case who were not properly notified of the time and place of the court hearing, is calculated from the day when they became aware of the decision.
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Article 263. Contents of the complaint for appeal (protest)
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The complaint for appeal (protest) must specify:
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1) name of the court to which the complaint for appeal (protest) is being submitted;
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2) Name (surname, own name, patronymic) of the person that submits the complaint (protest);
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3) name of the economic court, which has adopted the judgment on which the complaint (protest) is submitted; number of the case and date of adoption of the judgment; subject matter of the dispute;
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4) demands of the person who is submitting the complaint (protest) and grounds on which the person who is submitting the complaint (protest) considers the judgment to be wrong, with reference to the legislative and other normative-legal acts, circumstances of the case and evidence;
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5) list of the documents attached to the complaint (protest).
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Complaint for appeal may contain phone numbers, fax numbers, email address of the complainant or his representative.
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Article 264. Sending a copy of the complaint for appeal (protest)
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The person who is submitting the complaint for appeal (protest) is obliged to send or hand over personally against receipt to the other persons participating in the case copies of the complaint for appeal (protest) and enclosed documents which they do not have.
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Article 265. Documents to be attached to the complaint for appeal (protest)
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Complaint for appeal shall be accompanied by:
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1) documents confirming payment of the state duty and postage;
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2) documents confirming the fact of sending or handing over to the other persons participating in the case of copies of the complaint for appeal and enclosed documents which they do not have;
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3) if the complaint for appeal has been signed by the representative, the document confirming his powers to sign it.
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The appellate protest shall be accompanied by a document confirming that copies of the appellate protest and attached documents, which are not available to these persons, have been sent or handed over to other persons participating in the case, and a copy of the appeal of the party in the case without the prosecutor.
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The complaint for appeal (protest) on a ruling on returning the statement of claim or on refusal to accept the statement of claim shall also be accompanied by the returned statement of claim and documents, being attached thereto at submission to the court.
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Article 266. Order and time limit for resolving the issue on acceptance of the complaint for appeal (protest) to proceedings
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The issue on acceptance of the complaint for appeal (protest) or refusal thereof to the proceedings or on its return shall be resolved by a single judge not later than within five days from the day of its receipt togather with the case by the court.
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A ruling shall be made on the acceptance or on the refusal to accept the complaint for appeal (protest) to the proceedings, and its copy, not later than the day following the day of its adoption, shall be sent to the persons participating in the case, according to the procedure established by article 197 of this Code.
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Article 267. Acceptance of the complaint for appeal (protest) to proceedings
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Complaint for appeal (protest) submitted with observance of the requirements to its form and contents, established by this Code, shall be accepted to proceedings by the court of appellate instance.
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A ruling on the acceptance of the complaint for appeal (protest) to proceedings shall specify the time and place of holding the court session on consideration of the complaint for appeal (protest).
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Article 268. Refusal to accept the complaint for appeal (protest) to proceedings
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The judge shall refuse to accept the complaint for appeal (protest) to proceedings if:
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1) the complaint for appeal (protest) has been submitted by the person who does not have the right to appeal (protest) the judgment;
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2) the complaint for appeal (protest) has been submitted against the judicial act, which, according to the legislation, may not be appealed (protested) under appellate procedure;
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3) the complaint for appeal (protest) has been submitted against the judicial act, which has been considered under appellate procedure;
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4) the time limit for submission of the complaint for appeal (protest) had been missed, the restoration of which was refused;
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5) there is a ruling on the termination of proceedings on the complaint for appeal (protest) due to the abandonment (withdrawal) of the complaint for (protest) by the same person.
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The ruling on the refusal to accept the complaint for appeal (protest) to proceedings shall indicate the grounds for refusing to accept the complaint for appeal (protest) to proceedings, and shall resolve the issue of refunding the state duty paid at the submission of the complaint for appeal.
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A copy of the ruling on the refusal to accept the complaint for appeal (protest) shall be sent to the person who has submitted the complaint (protest), together with the complaint (protest) and the enclosed documents in the order established by article 197 of this Code.
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A cassation complaint (protest) may be submitted against a ruling on refusal to accept the complaint for appeal (protest).
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In case of cancellation of the ruling on the refusal to accept the complaint for appeal (protest) to proceedings, the complaint for appeal (protest) shall be deemed to be submitted on the day of the initial appeal to the court.
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Article 269. Return of the complaint for appeal (protest)
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The complaint for appeal (protest) shall be returned by the judge if:
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1) complaint for appeal (protest) has not been signed of signed by a person who does not have the right to sign it or by a person whose official position or surname and initials have not been indicated;
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11) the form and content of the appeal (protest) do not meet the requirements set forth in Article 263 of this Code or the documents provided for in paragraph 3 of Article 265 of this Code or a copy of the party's appeal are not attached to the protest;
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2) complaint for appeal (protest) has not been accompanied by evidence of sending its copies to the persons participating in the case;
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3) complaint for appeal (protest) has not been accompanied by documents confirming payment of the state duty and postage in the prescribed order and amount, and, in cases where the legislation provides for deferral and installment plan for payment of state duty, there is no petition for it or the petition has been rejected;
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4) complaint for appeal (protest) has been sent bypassing the economic court that made the judgment;
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5) complaint for appeal (protest) has been submitted after expiration of the established time limit and there is no petition on its restoration;
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6) before the ruling on the acceptance of the complaint for appeal (protest) to proceedings has been adopted, the person who submitted the complaint has submitted a statement on its return (withdrawal).
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A ruling on the return of the complaint of appeal (protest) shall indicate the grounds for the return of the complaint for appeal (protest), and shall resolve the issue of refunding the state duty paid at the submission of the complaint for appeal.
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A copy of the ruling on the return of the complaint for appeal (protest) shall be sent to the person who has submitted the complaint (protest) together with the complaint (protest) and the enclosed documents, in accordance with the procedure established by article 197 of this Code.
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A cassation complaint (protest) may be submitted against the ruling on the return of the complaint for appeal (protest).
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In the event of cancellation of the ruling of the court on return of the complaint for appeal (protest), the complaint for appeal (protest) is deemed to be submitted on the day of the initial recourse to the court.
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After elimination of the circumstances specified in part one of this article, the person who has submitted the complaint for appeal (protest) shall be entitled to submit to the court the complaint for appeal (protest) under general procedure.
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Article 270. Response to the complaint for appeal (protest)
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A person participating in the case, when receiving a copy of the complaint for appeal (protest), is entitled to direct a response to it to the court not later than twenty days from the day of the issuance of the ruling on the acceptance of the complaint for appeal (protest) to proceedings, ensuring arrival of the response by the day of consideration of the complaint for appeal (protest), and send copies of the response to other persons participating in the case.
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The response to the complaint for appeal (protest) shall be signed by the person participating in the case or his representative. The response signed by the representative shall be accompanied by a power of attorney confirming his powers to conduct the case.
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The response to the complaint for appeal (protest) may be accompanied by the documents that have been submitted earlier. In this case, the response shall be accompanied by evidence of sending to the other persons participating in the case of copies of those documents that they don't have.
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Article 271. Suspension of execution of judgment by the appeals instance court
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In case of submission of the complaint for appeal (protest) after the expiration of the time limit for submission and the consequent satisfaction of the petition for its restoration, the court of the appellate instance has the right to, at the petition of the persons participating in the case, suspend the execution of the judgment adopted by the court of first instance.
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The suspension of the execution of the judgment or the refusal to suspend its execution shall be indicated in the ruling on the acceptance of the complaint for appeal (protest) to proceedings.
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The execution of the judgment shall be suspended for a period until the court of the appellate instance adopts a judicial act based on the results of consideration of the complaint (protest).
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Article 272. Leaving the complaint for appeal (protest) without consideration
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The court of appellate instance shall leave a complaint for appeal (protest) without consideration if after the acceptance of the complaint for appeal (protest) to proceedings it has discovered that the complaint for appeal (protest) has not been signed or signed by a person who does not have the right to sign it or by a person whose official position or surname have not been indicated.
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The court shall issue a ruling on leaving the complaint for appeal (protest) without consideration, copies of which shall be sent to the persons participating in the case, in the manner prescribed by article 197 of this Code.
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The decision to dismiss the appeal (protest) may be appealed (protested) in cassation.
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After elimination of the circumstances which have served as the ground for leaving the complaint for appeal (protest) without consideration, the complaint for appeal (protest) may be submitted again to the court under the procedure established by this Code.
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Article 273. Termination of proceedings on the complaint for appeal (protest)
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The court of appellate instance shall terminate the proceedings on the complaint for appeal (protest) if:
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1) complaint for appeal (protest) has been submitted on a judgment which according to this Code may not be appealed against in the appellate order, and has been wrongly accepted by the court of appellate instance to proceedings;
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2) complaint for appeal (protest) has been submitted on a judicial act which has been considered in the appellate order, and has been wrongly accepted by the court of appellate instance to proceedings;
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3) complaint for appeal (protest) has been submitted by a person who did not have the right to appeal against the judicial act;
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4) after the acceptance of the appeal for consideration, the applicant received an application to withdraw the appeal;
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5) after acceptance of the complaint of protest to proceedings, the public prosecutor who submitted the protest or a higher-level prosecutor has submitted a statement on withdrawal of the protest;
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6) before the adoption of a judicial act on the complaint for appeal (protest), a legal person that was a party to the case has been liquidated;
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7) before the adoption of a judicial act on the complaint for appeal (protest), a citizen who was a party to the case has died, and the dispute legal relationship does not allow legal succession.
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If the complaint for appeal (protest) states new demands that have not been the subject of consideration in the court of first instance that adopted the appealed (protested) judgment, the court of the appellate instance shall terminate the proceedings on the complaint for appeal (protest) in the part related to these demands.
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The court shall issue a ruling on the termination of proceedings on the complaint for appeal (protest), copies of which shall be sent to the persons participating in the case, under the procedure established by article 197 of this Code.
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The decision to terminate the proceedings on the appeal (protest) may be appealed (protested) in cassation.
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In the event of termination of the proceedings on the complaint for appeal (protest), repeated submission of the complaint for appeal (protest) by the same person on the same grounds to the court shall not be allowed.
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Article 274. Order of consideration of the case by the court of appellate instance
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The court of appellate instance shall consider the case at the court session according to the rules of consideration of the case by the court of first instance having regard to the peculiarities established by this chapter.
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The first court session on the complaint of appeal (protest) must be held not later than twenty days from the date of the ruling on the acceptance of the complaint of appeal (protest) to proceedings.
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The court of appellate instance shall not apply the rules on integration of cases; on change of the subject matter or the ground of the claim, the amount of the stated claims; on presentation of the counterclaim; on attraction to the case of third persons; and also other rules established by this Code only for consideration of the case at the court of first instance.
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The absence of the appellant and other persons involved in the case, who have been duly notified of the time and place of the hearing by the court of appellate instance, shall not preclude the hearing of the case without their participation.
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The hearing in the appellate court shall begin with a report by the presiding judge or one of the judges.
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The speaker shall state the circumstances of the case, the content of the decision of the court of first instance, the arguments of the appeal (protest) and the written opinion on it.
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After the report, the court hears the explanations of the persons involved in the case who came to the court session, who also have the right to make arguments not provided for in the appeal (protest) and to provide additional materials.
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The person who initially filed the appeal, or his representative, or, if the case is being heard on protest, the prosecutor shall speak. If the decision is appealed by both parties, the plaintiff is the first to speak.
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In the manner prescribed by Article 50 of this Code, the state bodies and other persons involved in the case shall speak after the parties and third parties, unless they have appealed against the decision of the court.
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After hearing the explanations of the persons involved in the case, the appellate court enters the deliberation room to make a decision.
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Upon completion of the trial, the concluding part of the decision shall be announced and attached to the case file.
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The decision will be drawn up and signed in full within five days.
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After the announcement of the concluding part of the decision, the chairperson shall explain to the persons involved in the case the timeliness of the decision in full and its sending to them, as well as the procedure for appealing the decision.
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Article 275. Abandonment of the complaint for appeal. Withdrawal of the complaint for appeal
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The person who has submitted the complaint for appeal has the right to abandon it before the issuance of the judicial act, which ends the consideration of the case.
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The prosecutor who brought the protest complaint or a higher-level prosecutor, has the right to withdraw the protest before the issuance of the judicial act, which ends the consideration of the case.
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Article 276. Limits of consideration of the case by the court of appellate instance
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At the consideration of the case in the order of appeal the court shall check the legality and justification of the adopted judgment of the court of first instance. It may examine new evidence and establish new facts.
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The court of appellate instance is obliged to check the judgment of the court of first instance in whole.
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New demands which have not been the subject of consideration at the court of first instance shall not be accepted and considered by the court of appellate instance.
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Article 277. Time limit for consideration of the complaint for appeal (protest)
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Complaint for appeal (protest) on the judgment of the court of first instance shall be considered by the court of appellate instance within the time limit of not more than one month from the date of the receipt of the complaint for appeal (protest) to proceedings.
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An appeal (protest) against a decision of a court on the application of a measure of legal effect, considered in a simplified procedure, shall be considered within fifteen days from the date of its receipt by the court.
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In exceptional cases, the period for consideration of the appeal (protest) may be extended by the panel of judges hearing the case for a maximum of one month.
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Article 278. Powers of the court of appellate instance
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Based on the results of consideration of the complaint for appeal (protest), the court of appellate instance is entitled:
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1) to leave the judgment without change;
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2) to cancel the judgment in whole or in part and adopt new judgment;
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3) to change the judgment;
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4) to cancel the judgment in whole or in part and terminate the proceedings on the case or leave the claim without consideration in whole or in part;
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5) to cancel the judgment and direct the case for new consideration if there are grounds provided for by item 4 of part four of article 279 of this Code.
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6) cancel the decision and send the case materials to another court under jurisdiction if there is a reason provided for in paragraph 9 of part four of Article 279 of this Code.
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Article 279. Grounds for change or cancellation of the judgment of the court of first instance
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The grounds to change or cancel the judgment of the court of first instance are:
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1) incomplete clarification of the circumstances important for the case;
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2) failure to prove the circumstances important for the case which the court has considered to be established;
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3) lack of conformity of conclusions stated in the judgment to the circumstances of the case;
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4) violation or wrong application of the norms of the substantive and (or) procedural law.
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Violations or wrong application of the norms of the substantive law are:
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1) failure to apply an act of the legislation subject to application;
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2) application of an act of the legislation not subject to application;
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3) incorrect interpretation of an act of the legislation.
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Violation or wrong application of the norms of the procedural law constitutes the grounds for change or cancellation of the judgment of the court of first instance if it has resulted or could have resulted in adoption of a wrong judgment.
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The grounds for cancellation of the judgment of the court of first instance due to violation or wrong application of norms of the procedural law shall be in any case:
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1) consideration of the case by the court in illegal composition;
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2) consideration of the case in the absence of someone from the persons participating in the case and not being properly informed on the time and place of holding the court session;
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3) violation of the rules on the language of court proceedings during the consideration of the case;
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4) adoption by the court of a judgment on the rights and duties of the persons who have not been attracted for participation in the case;
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5) the decision has not been signed by the judge or signed by a judge other than specified in the decision;
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6) there is no record of the court session in the case, it has not been signed or signed by other persons than indicated in the second part of Article 202 of this Code, or if audio or video recordings were made at the court session, electronic or other carriers of audio and video recordings are not attached;
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7) the court has not adopted a judgment on the stated demand;
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8) violation of the secrecy of judges' conference.
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9) consideration of the case in violation of the rules of jurisdiction.
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The court of appellate instance shall cancel the judgment of the court of first instance if the parties have concluded an amicable agreement and it has been approved by the court of appellate instance.
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Article 280. Resolution of the court of appellate instance
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The court of appellate instance shall adopt a resolution based on the results of consideration of the complaint for appeal (protest), which shall be signed by the judges, which have considered the case.
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The resolution of the court of appellate instance shall specify:
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1) name of the court of appellate instance and the composition of the court which has adopted the resolution; the secretary of the court session;
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2) number of the case, date and place of the adoption of resolution;
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3) name (surname, own name, patronymic) of the person that has submitted the complaint for appeal (protest), his procedural status;
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4) names (surname, first name, patronymic) of the persons participating in the case, as well as their representatives and other participants of the court proceedings;
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5) subject matter of the dispute;
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6) date of adoption of the resolution by the court of first instance, surname and initials of the judge who has adopted it;
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7) summary of the judgment that has been adopted on the case;
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8) grounds on which the complaint for appeal (protest) has raised the issue on checking the legality and reasonability of the judgment;
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9) reasons stated in the response to the complaint for appeal (protest);
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10) explanations of the persons participating in the case and the persons who were present at the court session;
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11) circumstances of the case established by the court of appellate instance; evidence on which the conclusions of the court about these circumstances were based; laws and other normative-legal acts, by which the court was guided when adopting the resolution; reasons on which the court has rejected this or that evidence and has not applied the laws and other normative-legal acts to which the persons participating in the case referred;
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12) motives according to which the court of appellate instance has disagreed with the conclusions of the court of first instance, if its judgment has been changed or cancelled in whole or in part;
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13) actions to be performed by the court of first instance if the case is being sent for a new consideration;
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14) conclusions on the results of consideration of the complaint for appeal (protest).
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The resolution of the court of appellate instance shall specify distribution of the court expenses among the persons participating in the case.
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In case of cancellation of a the judgment of the court and sending the case for a new consideration, the issue of distribution of court expenses shall be resolved by the court re-considering the case.
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Copies of the resolution of the court of appellate instance shall be sent to the persons participating in the case not later than within five days from the day of its adoption, in the order prescribed by article 188 of this Code.
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The resolution of the court of appellate instance shall enter into legal force from the date of its adoption.
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Article 281. Complaint for appeal (protest) on resolution, ruling of a court of first instance
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Rulings of a court of first instance may be appealed against (protested) in the cases provided for by this Code.
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A complaint for appeal (protest) on a resolution, ruling of court of first instance submitted in the order established by this Code shall be considered by the court of appellate instance in the order prescribed by this chapter for consideration of complaints for appeal (protest) on court judgments.
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The court of appellate instance, based on the results of consideration of the complaint for appeal (protest) on a resolution, ruling of a court of first instance, is entitled to:
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1) leave the resolution, ruling without change;
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2) change or cancel the resolution, ruling;
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3) refuse to accept the statement of claim, return the statement of claim, leave the statement of claim without consideration, terminate the proceedings, suspend the proceedings and send the statement of claim for consideration of the case in the court of first instance.
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4) cancel the ruling and send the statement of claim (application), the case materials for consideration to another court under jurisdiction.
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Chapter 35. Proceedings at the court of cassation instance
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Article 282. Right of cassation appealing (protesting)
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Persons participating in the case, as well as persons who are not involved in the case but have made a court decision on their rights and obligations, have the right to appeal the decision of the court of first instance, the decision of the appellate court.
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The procurator shall have the right to file a cassation appeal against the decision of the court of first instance which has entered into force, the decision of the appellate court and the decision of the court of appellate instance, if the procurator was present in the case, as well as in the presence of the parties.
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The Commissioner for the Protection of the Rights and Legal Interests of Entrepreneurs under the President of the Republic of Uzbekistan has the right to appeal against the decision of the court of first instance, the decision of the court of appeal and the decision of the court of appeal. except for disputes not related to.
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The decision of the court of first instance and the decision of the court of appellate instance may be appealed in full or in part in cassation (protest).
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Article 283. The court hearing the cassation appeal (protest)
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The decision of the court of first instance on appeal and the cassation appeal (protest) against the decision of the court of appellate instance shall be considered by the Judicial Board for Economic Affairs of the Supreme Court of the Republic of Uzbekistan.
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Article 284. Order of submission of a cassation appeal (protest)
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The cassation appeal (protest) shall be submitted to the Judicial Board for Economic Affairs of the Supreme Court of the Republic of Uzbekistan.
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Article 285. Time limit for submission of a cassation appeal (protest)
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A cassation appeal (protest) may be filed within one year from the date of the decision of the court of appellate instance.
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Missed deadline for filing a cassation appeal (protest) by the court of cassation at the request of the person who filed the complaint (protest) can be restored if found to be excused by.
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A ruling on the acceptance of the cassation appeal (protest) to proceedings shall indicate the restoration of the missed time limit for submission of the cassation appeal (protest).
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A ruling on the refusal to accept the cassation appeal (protest) shall indicate the refusal to restore the time limit for submission of the cassation appeal (protest).
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Article 286. Contents of a cassation appeal (protest)
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The cassation appeal (protest) must specify:
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1) name of the court to which the cassation appeal (protest) is being submitted;
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2) name (surname, own name, patronymic) of the person who is submitting the appeal (protest);
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3) the decision on which the appeal (protest) is filed, the name of the court that made the decision;
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4) the number of the case, the decision, the date of the decision, the subject of the dispute;
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5) demands of the person who is submitting the appeal (protest) and the grounds on which the person submitting the appeal (protest) thinks that the judicial act was incorrect, with reference to the laws and other normative-legal acts, circumstances of the case and evidence;
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6) list of the documents attached to the appeal (protest).
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The cassation appeal may contain phone numbers, fax numbers, email address of the person submitting the appeal or his representative.
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Article 287. Sending copies of a cassation appeal (protest)
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The person who is submitting the cassation appeal (protest) is obliged to send or personally hand over against the receipt to the other persons participating in the case copies of the cassation appeal (protest) and enclosed documents which they do not have.
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Article 288. Documents to be attached to a cassation appeal (protest)
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A cassation appeal shall be accompanied by:
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1) documents confirming payment of the state duty and postage;
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2) document confirming the fact of sending to other persons participating in the case of copies of the cassation appeal and the documents which they do not have;
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3) in case of signing the cassation appeal by a representative, document confirming the powers to sign it.
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The cassation protest shall be accompanied by a cassation protest to other persons participating in the case and a document confirming that copies of the attached documents, which are not available to these persons, have been sent or handed over, a copy of the appeal of the party in the case without the prosecutor.
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The cassation appeal (protest) against the decision to return the appeal (protest) and the decision to refuse to accept the appeal (protest) must be accompanied by the returned appeal (protest) and the documents attached to it when submitting it to the court.
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Article 2881 Getting a job
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A judge of the Supreme Court of the Republic of Uzbekistan shall have the right to request a case from the relevant economic court on a cassation appeal (protest).
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The Chairman of the Supreme Court of the Republic of Uzbekistan, the Prosecutor General of the Republic of Uzbekistan and their deputies, prosecutors of the Republic of Karakalpakstan, regions and the city of Tashkent have the right to request a case from the relevant economic court to resolve the issue of cassation protest.
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Article 289. Study of the cassation complaint (protest)
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A judge of the Supreme Court of the Republic of Uzbekistan shall examine a cassation appeal (protest) within a period not exceeding five days.
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Based on the results of the examination of the cassation appeal (protest), the judge shall make one of the following rulings:
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1) on acceptance of the cassation complaint (protest) in the proceedings and request for work;
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2) on refusal to accept the cassation complaint (protest);
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3) on return of the cassation complaint (protest).
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A copy of the ruling on the results of the examination of the cassation complaint (protest) shall be sent to the persons participating in the case no later than the day following the day of the ruling in the manner provided for in Article 197 of this Code.
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Article 290. Acceptance of a cassation appeal (protest) to proceedings
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Cassation appeal (protest) submitted with observance of the requirements to its form and contents, established by this Code, shall be accepted to proceedings by the court of cassation instance.
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The ruling on the admission of the cassation appeal (protest) to the proceedings must specify the following:
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1) date and place of the ruling;
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2) surname, initials of the judge who issued the ruling;
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3) name (surname, name, patronymic) of the person who filed the complaint (protest);
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4) court documents being appealed (protested);
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5) conclusion on withdrawal of the case from the relevant court.
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Article 291. Refusal to accept a cassation appeal (protest) to proceedings
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A judge of the Supreme Court of the Republic of Uzbekistan shall refuse to accept a cassation appeal (protest) for consideration in the following cases:
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1) the cassation appeal (protest) is filed by a person who does not have the right to appeal (protest) against the decision;
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2) the cassation appeal (protest) is filed against a court document that has not entered into legal force or cannot be appealed (protested) in accordance with the legislation or has not been considered in the appellate procedure;
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3) the cassation complaint (protest) is filed against a court document considered in the cassation procedure;
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4) refusal to restore the missed deadline for filing a cassation complaint (protest);
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5) there is a ruling on termination of the proceedings on the cassation complaint (protest) due to the refusal (recall) of the person who filed the cassation complaint (protest).
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The ruling on refusal to accept the cassation complaint (protest) in the proceedings shall specify the grounds for refusal to accept the cassation complaint (protest) in the proceedings, and resolve the issue of refund of the state duty paid in the cassation appeal.
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In case of annulment of the ruling on refusal to accept the cassation complaint (protest) in the proceedings, the cassation appeal (protest) shall be considered filed on the day of its initial appeal to the court.
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Article 292. Return of a cassation appeal (protest)
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A cassation appeal (protest) shall be returned by a judge of the Supreme Court of the Republic of Uzbekistan in the following cases:
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1) cassation appeal (protest) has not been signed or signed by a person who does not have the right to sign it or by a person whose official position or surname and initials are not indicated;
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2) the requirements set forth in Article 286 of this Code have not been complied with in respect of the form and content of the cassation complaint (protest) or a copy of the parties' appeal has not been attached to the cassation complaint (protest);
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3) cassation appeal (protest) has not been accompanied by the evidence of sending its copies to the persons participating in the case;
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4) documents confirming the payment of state duty and postage in the prescribed manner and amount are not attached to the cassation appeal, in cases where the law provides for the possibility of deferral of payment of state duty in installments, in the absence of a petition or rejection of the petition;
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5) the cassation appeal (protest) was filed after the expiration of the established period and there is no petition to restore the missed term;
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6) prior to adoption of the ruling on accepting the cassation appeal (protest) to proceedings, a statement was received from the person who has submitted the appeal (protest) to return (withdraw) it.
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The ruling on return of the cassation appeal (protest) shall specify the grounds for returning the cassation appeal (protest) and resolve the issue of refunding the state duty paid at the submission of the cassation appeal.
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A copy of the ruling on returning the cassation appeal (protest) shall be sent to the person who has submitted the cassation appeal (protest) together with the appeal (protest) and enclosed documents.
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In case of cancellation of the ruling on returning the cassation appeal (protest), the cassation appeal (protest) shall be deemed submitted on the day of the initial recourse to the court.
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After elimination of the circumstances specified in part one of this article, the person who has submitted the appeal (protest), is entitled to submit again the cassation appeal (protest) to the court under general procedure.
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Article 293. Response to a cassation appeal (protest)
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A person participating in the case after receiving a copy of the cassation appeal (protest) shall be entitled to send his response to it to the court not later than twenty days from the day of issuance of the ruling on the acceptance of the cassation appeal (protest) to proceedings, ensuring the receipt of the response by the day of consideration of the cassation appeal (protest), and the documents confirming the fact of sending copies of the response to other persons participating in the case.
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Response to a cassation appeal (protest) shall be signed by the person participating in the case or his representative. The response signed by the representative shall be accompanied by a power of attorney confirming his powers to conduct the case.
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Article 294. Suspension of execution of judgment by a court of cassation instance
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At the request of the parties, the court of cassation (judge) has the right to suspend the execution of the decision of the court of first instance, the decision of the court of appellate instance until the completion of the proceedings in the cassation instance.
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The judge shall indicate in the ruling on acceptance of the cassation appeal (protest) for suspension of execution of the court document or refusal to suspend its execution.
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Article 2941 Appointment of a cassation appeal (protest) for consideration in court and notification of persons involved in the case
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The issue of appointment of the cassation appeal (protest) for consideration in court shall be resolved no later than five days from the date of receipt of the case in court.
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The ruling on appointment of the cassation appeal (protest) for consideration in court shall indicate the time and place of the court session.
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A copy of the ruling on the appointment of the cassation appeal (protest) for consideration in court shall be sent to the persons participating in the case no later than the day following the day of the ruling in the manner provided for in Article 197 of this Code.
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Article 295. Leaving a cassation appeal (protest) without consideration
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If after acceptance of the cassation appeal (protest) it is established that it was not signed or signed by a person who did not have the right to sign it or whose position or surname, name, patronymic was not specified, the court of cassation shall dismiss the cassation appeal (protest).
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The court shall issue a ruling on dismissal of the cassation appeal (protest).
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An appeal (protest) may be re-submitted to the court in accordance with the procedure established by this Code, once the grounds for dismissal of the cassation appeal (protest) have been eliminated.
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Article 296. Termination of proceedings on the cassation appeal (protest)
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The court of cassation instance shall terminate the proceedings on the cassation appeal (protest) if:
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1) a cassation appeal (protest) has been filed against a court document that has not been considered in the appellate procedure or not appealed in the cassation procedure in accordance with this Code, and it was accepted by the court of cassation in error;
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2) cassation appeal (protest) has been submitted on the judicial act which was considered in cassation order and was wrongly accepted by the court of cassation instance to proceedings;
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3) cassation appeal (protest) has been submitted by a person who is not entitled to appeal (protest) against the judicial act;
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4) after the acceptance of the cassation appeal in the proceedings, the applicant received an application to withdraw the appeal;
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5) after the acceptance of the cassation protest to proceedings, a statement on withdrawal of the protest has been received from the prosecutor who had submitted the protest or from higher-level prosecutor;
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6) prior to the adoption of the judicial act on the cassation appeal (protest), a legal person who is the party in the case has been liquidated;
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7) prior to the adoption of the judicial act on the cassation appeal (protest), a citizen who is the party in the case has died, and the legal relationship in dispute does not allow legal succession.
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If the cassation appeal (protest) states new demands which have not been the subject of the consideration at the court of first instance that adopted the appealed (protested) judgment, the court of cassation instance shall terminate the proceedings on the cassation appeal (protest) in the part as related to these demands.
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A ruling shall be issued on termination of proceedings on the cassation appeal (protest), in which the issues of distribution of the court expenses among the parties may be resolved.
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In the event of termination of the proceedings on the cassation appeal (protest), no repeated submission of the cassation appeal (protest) to the court by the same person on the same grounds is allowed.
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Article 297. Order of consideration of a case by a court of cassation instance
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The court of cassation will hear the case in court.
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The first hearing on the cassation appeal (protest) shall be held no later than twenty days from the date of the ruling on the appointment of the cassation appeal (protest) for consideration in court.
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In the court of cassation: on the consolidation of cases into a single proceedings; on changing the subject or basis of the claim, the amount of the claim; on filing a counterclaim; the rules on the involvement of third parties in the case, as well as other rules established by this Code only for the consideration of the case in the court of first instance, shall not apply.
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The absence of the person who filed the cassation complaint (protest) and other persons involved in the case, who was duly notified of the time and place of the hearing by the court of cassation, shall not preclude the hearing of the case without their participation.
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Consideration of the case in the court of cassation shall begin with the report of the presiding judge or one of the judges.
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The speaker shall state the circumstances of the case, the content of the decision of the court of first instance, the decision of the court of appellate instance, the arguments of the cassation appeal (protest) and the written opinion received on it. The court shall then hear the explanations of the persons present in the case present at the hearing, who shall also have the right to make arguments not provided for in the cassation appeal (protest) and to provide additional evidence.
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The person who initially filed the cassation appeal, or his representative, or, if the case is being heard on protest, the prosecutor shall speak. If the decision is appealed by both parties, the plaintiff is the first to speak.
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In the manner prescribed by Article 50 of this Code, the state bodies and other persons involved in the case shall speak after the parties and third parties, unless they have appealed against the decision.
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After hearing the explanations of the persons involved in the case, the court of cassation enters the deliberation room to make a decision.
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Upon completion of the trial, the concluding part of the decision shall be announced and attached to the case file.
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The decision will be drawn up and signed in full within five days.
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After the announcement of the concluding part of the decision, the chairperson shall explain to the persons involved in the case the timeliness of the decision in full and its sending to them.
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Article 298. Abandonment of a cassation appeal. Withdrawal of a cassation protest
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The person who has submitted a cassation appeal has the right to abandon it before the issuance of the judicial act which ends the consideration of the case.
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The person who filed the protest or a higher official has the right to withdraw the protest until the court issues a document on the outcome of the case.
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Article 299. Limits of consideration of a case in a court of cassation instance
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In considering the case in cassation, the court shall verify on the basis of the case materials that the rules of substantive law have been correctly applied by the court of first instance and the court of appellate instance and that the requirements of procedural law have been observed.
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The court of cassation has no right to examine new evidence and establish new facts.
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New demands which have not been the subject of the consideration at the court of first instance shall not be accepted and considered by the court of cassation instance.
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Article 300. Time limit for consideration of a cassation appeal (protest)
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A cassation appeal (protest) shall be considered within a period not exceeding one month from the date of its appointment for consideration in court.
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In exceptional cases, the period for consideration of a cassation appeal (protest) may be extended by the court hearing the case for a maximum of one month.
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Article 301. Powers of a court of cassation instance
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Based on the results of consideration of the cassation appeal (protest) by the court of cassation instance:
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1) leave the decision, the decision unchanged, and the cassation appeal (protest) unsatisfied;
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2) to change or cancel the decision, the decision and to make a new decision without sending the case for reconsideration;
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3) if there are grounds provided for in paragraph 1 of part 1 and paragraphs 4 and 7 of part 4 of Article 302 of this Code, to annul the decision, decision and send the case to a court of higher jurisdiction for reconsideration;
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4) change the decision, the decision;
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5) annul in full or in part the decision and terminate the proceedings or leave the claim in full or in part;
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6) annul some court documents and keep in force one of the previously adopted court documents on the case.
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7) cancel the decision, resolution and send the case materials to another court under jurisdiction if there is a reason provided for in paragraph 9 of part four of Article 302 of this Code.
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Article 302. Grounds for change or cancellation of a judgment of a court of first instance
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The grounds for changing or revoking the decision of the court of first instance, the decision of the court of appellate instance shall be:
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1) incomplete identification of circumstances relevant to the case;
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2) failure to prove the facts that are relevant to the case, which the court considers to have been established;
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3) inconsistency of the conclusions stated in the decision with the circumstances of the case;
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4) violation or misapplication of substantive and (or) procedural law.
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Violation or misapplication of substantive law includes:
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1) non-application of the legislation to be applied;
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2) application of the legislation which cannot be applied;
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3) misinterpretation of the legislation.
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Violation or misapplication of the rules of procedural law, if this has led or may lead to the adoption of a wrongful decision, shall be grounds for modifying or revoking the decision of the court of first instance, the decision of the court of appellate instance.
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The grounds for annulment of the decision of the court of first instance, the decision of the court of appellate instance in any case are:
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1) the court considered the case in an illegal manner;
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2) consideration of the case in the absence of a person involved in any case who was not duly notified of the time and place of the court session;
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3) violation of the rules on the language of the proceedings in the course of the proceedings;
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4) the court has made a decision on the rights and obligations of persons not involved in the case;
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5) the decision, the decision has not been signed by a judge or, if the case was considered by a panel of judges, by one of the judges or by other judges than indicated in the decision, the decision;
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6) there is no record of the court session in the case, it has not been signed or signed by other persons than indicated in the second part of Article 202 of this Code, or if audio or video recording of the court session has been made, electronic or other sources of audio and video recording have not been attached ;
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7) failure of the court to make a decision on the request;
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8) violation of the rule on confidentiality of judicial advice.
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9) consideration of the case in violation of the rules of jurisdiction.
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The court of cassation shall annul the decision of the court of first instance, the decision of the court of appellate instance, if an agreement between the parties has been concluded and it has been approved by the court of cassation.
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Article 303. Resolution of a court of cassation instance
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The court of cassation instance shall adopt a resolution based on the results of consideration of the cassation appeal (protest), which shall be signed by the judges, which have considered the case.
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The resolution of the court of cassation instance shall specify:
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1) name of the court of cassation instance, composition of the court which has adopted the resolution, the secretary of the court session;
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2) number of the case, date and place of adoption of the resolution;
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3) name (surname, own name, patronymic) of the person that has submitted the cassation appeal (protest), his procedural status;
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4) name (surname, own name, patronymic) of the persons participating in the case and also their representatives and other participants of the court proceedings;
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5) subject matter of the dispute;
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6) the decision, the date of the decision, the names of the judges who made it, the initials of the name;
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7) the decision on the case, a summary of the content of the decision;
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8) the grounds for the request to verify the legality and validity of the decision, the decision, presented in the cassation appeal (protest);
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9) reasons stated in the response to the cassation appeal (protest);
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10) explanations of the persons participating in the case and who were present at the court session;
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11) circumstances of the case established by the court of cassation instance; evidence on which the conclusions of the court about these circumstances were based; laws and other normative-legal acts, by which the court was guided when adopting the resolution; reasons on which the court has rejected this or that evidence and has not applied the laws and other normative-legal acts to which the persons participating in the case referred;
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12) the reasons for non-inclusion of the court of cassation in its conclusions, if the decision of the court of first instance, the decision of the court of appellate instance was annulled in full or in part;
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13) conclusions on the results of consideration of the cassation appeal (protest);
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14) actions which shall be executed by the court, if the case is transferred to a new consideration.
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The resolution of the court of cassation instance shall specify the distribution of the court expenses among the persons participating in the case.
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In the event that the decision is overturned and the case is remanded for reconsideration, the issue of the distribution of court costs shall be decided by the court reviewing the case.
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Copies of the resolution of the court of cassation instance shall be sent to the persons participating in the case not later than within five days from the day of its adoption, in the order prescribed by article 188 of this Code.
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The resolution of the court of cassation instance enters into legal force from the day of its adoption.
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Article 304. Obligatoriness of instructions of a court of cassation instance
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Instructions of the court of cassation instance stated in the resolution are mandatory for the court re-considering the case.
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The court of cassation instance is not entitled to predetermine the issues of authenticity or falsity of this or that evidence, of advantage of this or that evidence, and which judgment shall be adopted upon a new consideration of the case.
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Article 305. Cassation appeal against the decision
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The decision of the court may be appealed (protested) in the cassation procedure in the cases provided for by this Code.
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The decision of the court of appellate instance, the cassation appeal (protest) against the decision submitted in accordance with the rules established by this Code shall be considered by the court of cassation in the manner prescribed for the consideration of cassation complaints (protests) in this chapter.
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The court of cassation has the right to:
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1) leave the ruling, decision of the court of first instance, the decision of the court of appellate instance unchanged, and the cassation appeal (protest) unsatisfied;
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2) to change or annul the ruling, decision of the court of first instance, the decision of the court of appellate instance or to uphold one of the previously adopted court documents;
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3) to annul the decision of the court of appellate instance on refusal to accept the statement of claim, return of the statement of claim, dismissal of the statement of claim, termination of the proceedings, suspension of the proceedings, and to uphold the statement of claim and the first instance to send to court;
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4) on refusal of the court of appellate instance to accept the appellate complaint (protest), on return of the appellate complaint (protest), dismissal of the appellate complaint (protest), termination of the proceedings on appellate complaint (protest), suspension of proceedings in the court of appellate instance. to annul the ruling on stay and to send the appeal (protest) to the court of appellate instance for consideration of the case.
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5) cancel the ruling of the court of first instance, the decision of the court of appeal and send the statement of claim (application), the case materials for consideration to another court under jurisdiction.
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Article 3051 Repeat the case in cassation
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The persons specified in Article 282 of this Code have the right to submit an application to the Chairman of the Supreme Court of the Republic of Uzbekistan, the Prosecutor General or their deputies to file a protest against the retrial of the case in cassation.
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An application for re-examination of the case in the cassation procedure may be filed within the period for filing a cassation appeal (protest), and in case of missed this period, within one month from the date of the decision.
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An application submitted after the expiration of the periods provided for in the second part of this Article shall not be considered.
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In the presence of the grounds provided for in paragraph 4 of the first part of Article 302 of this Code, the Chairman of the Supreme Court of the Republic of Uzbekistan, the Prosecutor General or their deputies have the right to protest against the retrial in cassation.
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Re-examination of the case in the cassation procedure is carried out on general grounds.
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Article 306. Appeal against the decision of the court of cassation
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The decision of the judge of the court of cassation to refuse to accept the cassation complaint (protest), to return the cassation complaint (protest) may be revoked by the Chairman of the Supreme Court of the Republic of Uzbekistan or his deputy at the request of the person who filed the cassation appeal (protest).
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The ruling on dismissal of the cassation appeal (protest), termination of the proceedings on the cassation appeal (protest) may be reconsidered in the cassation procedure on the basis of the protest of the Chairman of the Supreme Court of the Republic of Uzbekistan, the Prosecutor General or their deputies.
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Application of the judge of the court of cassation on refusal in acceptance of the cassation complaint (protest), return of the cassation complaint (protest), dismissal of the court of cassation on consideration of the cassation complaint (protest), cancellation of the decision of the cassation appeal (protest) within the period for filing a complaint (protest), and in cases where this period is missed, within one month from the date of the ruling.
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An application submitted after the expiration of the period specified in the third part of this Article shall not be considered.
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Chapter 37. Proceedings on revision of judicial acts entered into legal force in view of newly discovered circumstances
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Article 325. Right of the court to revise a judicial act entered into legal force in view of newly discovered circumstances
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The court may revise the judicial act, adopted by it and entered into legal force, in view of newly discovered circumstances on the grounds and in the order provided for in this chapter.
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Article 326. Courts revising judicial acts entered into legal force in view of newly discovered circumstances
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A judgment or ruling that entered into legal force and was adopted by a court of first instance, shall be revised in view of newly discovered circumstances by the court that adopted this judgment or ruling.
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In the case of newly discovered cases, the decisions or rulings of the appellate or cassation instance shall be reviewed by the instance that changed the judicial document or adopted a new judicial document, if the court document was changed or a new judicial document was adopted.
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Article 327. Grounds for revision of judicial acts entered into legal force in view of newly discovered circumstances
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The grounds for the revision of judicial acts, which have entered into legal force, in view of newly discovered circumstances shall be:
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1) circumstances important for the case that existed at the time of adoption of the judicial act, but were not and could not be known to the complainant;
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2) established by a court verdict, which has entered into legal force, knowingly false expert opinion, knowingly false testimony of a witness, knowingly incorrect translation that had entailed the adoption of an illegal or invalid judicial act on this case;
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3) criminal acts of a person participating in the case or his representative that were established by a verdict, that had entered into legal force, or a court ruling, or criminal acts of a judge committed during the consideration of this case;
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4) cancellation of a judicial act of an economic court, a civil court, a criminal court or an administrative court, or an act of another body that has served as the grounds for the adoption of the judicial act on this case.
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Article 328. Order and time limit for submission of statement for revision of a judicial act entered into legal force in view of newly discovered circumstances
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An application for reconsideration of a court document that has entered into force on newly discovered facts shall be submitted by the persons participating in the case to the court that adopted the judicial document no later than one month from the date of opening the grounds for reconsideration of the court document.
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The statement shall be accompanied by documents confirming the direction of copies of the statement and enclosed documents to other persons participating in the case.
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At the petition from the person who has submitted the statement, the missed time limit for submission of the statement may be restored by the court, provided that the petition is submitted not later than six months from the date of discovery of the circumstances that are the grounds for the revision and the court recognizes the reasons for missing the time limit as valid.
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Applications submitted after three years from the date of entry into force of the court document shall not be considered, except for applications submitted on the grounds provided for in paragraphs 2 to 4 of Article 327 of this Code.
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Article 329. Form and contents of statement for revision of a judicial act entered into legal force in view of newly discovered circumstances
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A statement for revision of a judicial act, which has entered into legal force, in view of newly discovered circumstances shall be submitted to the court in writing. The statement shall be signed by the person who is submitting it or his representative.
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The statement shall specify:
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1) name of the court to which the statement is being submitted;
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2) names (surname, own name, patronymic) of the persons participating in the case, their location (postal address) or residence;
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3) name of the court that has adopted the judicial act, revision of which in view of newly discovered circumstances is requested by the complainant, number of the case, date of the adoption of the judicial act, subject matter of the dispute;
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4) newly discovered circumstance which, in the opinion of the complainant, is the grounds for revision of the judicial act, with reference to documents;
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5) demand of the person who has submitted the statement;
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6) list of the attached documents.
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The statement shall be accompanied by:
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1) copy of documents confirming the newly discovered circumstances;
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3) document confirming the fact of sending to other persons participating in the case of copies of the statement and the documents;
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4) if the statement for revision of the judicial act in view of newly discovered circumstances has been signed by the representative, the document confirming his powers to sign it.
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Article 330. Acceptance of statement for revision of a judicial act entered into legal force in view of newly discovered circumstances to proceedings
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A statement for revision of a judicial act, which has entered into legal force, in view of newly discovered circumstances submitted in compliance with the requirements of this Code to its form and contents, shall be accepted to proceedings by the relevant court.
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The issue of accepting the statement to proceedings of the court shall be resolved by a single judge not later than five days from the day of its receipt by the court.
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A ruling shall be issued on the acceptance of the statement to proceedings.
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A copy of the ruling shall be sent to the persons participating in the case, in the order prescribed by article 127 of this Code.
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Article 331. Return of statement for revision of a judicial act entered into legal force in view of newly discovered circumstances
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The court shall return a statement for revision of a judicial act, which has entered into legal force, in view of newly discovered circumstances if:
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1) the statement has been submitted with violations of rules established by articles 328 and 329 of this Code;
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2) the statement has been submitted after expiration of the established time limit and there is no petition for its restoration;
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3) reasons for missing the time limit are not valid, because of which there is no grounds for restoration of the missed time limit for submission of the statement.
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A ruling shall be issued on the return of the statement.
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A ruling of the court on the return of the statement may be appealed against (protested).
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After elimination of the circumstances specified in items 1 and 2 of part one of this article, the person who has submitted the statement shall have the right to recourse again to the court with the statement.
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Article 332. Order and time limit of consideration of the statement for revision of a judicial act entered into legal force in view of newly discovered evidence
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A statement for revision of a judicial act, which has entered into legal force, in view of newly discovered circumstances shall be considered in a court session within a period not exceeding one month from the date of its receipt by the court, with the notification of the persons participating in the case. Failure to appear of the persons duly notified of the time and place of holding the court session shall not preclude the consideration of the statement.
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The first court session on the statement for revision of a judicial act, which has entered into legal force, in view of newly discovered circumstances shall be held not later than twenty days from the date of the issuance of the ruling and the acceptance of the statement to proceedings.
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Article 333. Ruling issued based on the results of consideration of a statement for revising a judicial act entered into legal force in view of newly discovered circumstances
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Based on the results of consideration of a statement for revising a judicial act, which has entered into legal force, in view of newly discovered circumstances, the court shall issue a ruling on satisfaction of the statement and cancellation of the previously adopted by it judicial act or on refusing to satisfy the statement.
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A copy of the ruling issued based on the results of consideration of the statement for revising the judicial act, which has entered into legal force, in view of newly discovered circumstances shall be sent to the persons participating in the case.
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A ruling issued based on the results of consideration of the statement for revising the judicial act, which has entered into legal force, in view of newly discovered circumstances may be appealed against (protested).
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In case of cancellation of a judicial act in view of newly discovered circumstances, the case shall be considered by the same court that canceled the previously adopted by it judicial act, under general procedure established by this Code.
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Section V. Execution of judicial acts of economic courts
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Article 334. Ordering judicial acts for execution
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Judicial acts shall be ordered for execution after their entering into legal force, except for cases of immediate execution in the manner prescribed by law.
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Rulings on taking measures to secure a claim, approving a settlement agreement, issuing a writ of execution for the enforcement of an arbitration court decision, recognizing and enforcing a foreign court decision, arbitration are subject to immediate execution.
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A judicial act shall be executed based on a writ of execution issued by a court, unless otherwise provided by this Code.
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Article 335. Writ of execution
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Writ of execution is a document issued by a court certifying the right of the recoverer to enforce the judicial act.
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Article 336. Issuance of a writ of execution
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One writ of execution shall be issued on a judicial act, except for the cases provided for by this Code.
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If the execution of a judicial act must be carried out in different places or in favor of several recoverers, the court, at the request of the recoverers, shall issue several writs of execution with specified place of execution or part of the judicial act, which is subject to execution under a given writ of execution.
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Based on a judicial act on the recovery of money from several respondents, several writs of execution corresponding to the number of respondents shall be issued. In this case, if recovery is envisaged from consolidated respondents, each writ of execution must indicate the total amount of the recovered amount and list all respondents, indicating their consolidated obligation.
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A writ of execution shall be issued by the court which has adopted the judicial act.
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A writ of execution shall be issued to the recoverer or, upon his petition, sent for execution to the state enforcement official within five days from the day of entry of the judicial act into legal force.
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If the physical person who is the claimant does not have a personal account on the Single Interactive State Services Portal of the Republic of Uzbekistan, the writ of execution shall be issued to them in paper form.
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A writ of execution on recovery of the funds to the budget shall be sent to the state enforcement officer at the location of the debtor within five days from the day of entry of the judicial act into legal force.
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A writ of execution may be sent as an electronic document.
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Article 337. Contents of a writ of execution
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A writ of execution shall specify:
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1) name of the court which has issued the writ of execution;
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2) case on which the writ of execution has been issued and its number;
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3) date of the adoption of the judicial act subject to execution;
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4) the name (surname, first name, patronymic) of the claimant and the debtor, their location (postal address) or place of residence, the personal identification number of the claimant and the debtor physical person (details of other identity documents for physical persons who are not citizens of the Republic of Uzbekistan), as well as the taxpayer identification number of the claimant and the debtor legal entity;
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5) resolutory part of the judicial act;
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6) order and method of execution of the writ of execution, if specified in the judicial act;
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7) date of entry into legal force of the judicial act;
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8) date of the issuance of the writ of execution and the time limit for its presenting for execution.
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A writ of execution issued on the basis of a court document shall be drawn up using the electronic digital signature of the judge and shall be verified by a QR code (matrix barcode). In this case, if the writ of execution issued on the basis of the court document is to be executed outside the Republic of Uzbekistan, it may be issued (sent, submitted) in paper form verified by the seal of the court and the signature of the judge.
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Article 338. Time limit for presenting a writ of execution for execution
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A writ of execution may be presented for execution within three years from the day of entry into legal force of the judicial act or from the day of ending of the time limit in case of deferral or installment plan for the judicial act.
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In case of the suspension of the execution of a judicial act, the time for which the execution has been suspended shall not be counted towards the time limit established for presenting the writ of execution for execution.
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Article 339. Interruption of time limit for presenting a writ of execution for execution
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Time limit for presenting a writ of execution for execution shall be interrupted:
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by the submission of the writ of execution for execution;
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by the execution of the writ of execution by the debtor in part.
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After the interruption of the time limit for presenting the writ of execution for execution the running of the time limit shall be restored. The time that has elapsed before the interruption shall not be counted towards the new time limit.
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In the event that a writ of execution has been returned to a recoverer due to the impossibility of its execution in whole or in part, the new time limit for presenting the writ of execution for execution after the interruption shall be calculated from the day of the return of the writ of execution to the recoverer.
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Article 340. Restoration of the missed time limit for presenting a writ of execution for execution
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The recoverer which has missed the time limit for presenting a writ of execution for execution is entitled to submit a statement for restoration of the missed time limit to the court that issued the writ of execution or to the court at the location of its execution.
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If the reasons for missing the time limit are deemed to be valid by the court, the missed time limit may be restored.
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A statement of the recoverer for restoration of the missed time limit for presenting a writ of execution for execution shall be considered in a court session within one month from the day of its receipt by the court.
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The recoverer and debtor shall be notified of the time and place of holding the court session by the ruling of the court issued not later than five days from the day of the receipt of the statement, in the order prescribed by article 127 of this Code. Non-appearance of the mentioned persons properly notified of the time and place of holding the court session shall not preclude the consideration of the statement.
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A ruling shall be issued based on the results of consideration of the statement, a copy of which shall be sent to the recoverer and the debtor.
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The ruling may be appealed against (protested).
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Article 341. Issuance of a duplicate of a writ of execution (court order)
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In case of loss of a writ of execution (court order), the court that has issued it may, at the statement of the recoverer, issue a duplicate of the writ of execution (court order).
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A statement for issuance of a duplicate of a writ of execution (court order) may be submitted prior to the expiration of the time limit established for presenting the writ of execution (court order) for execution, with the exception of cases when the writ of execution (court order) had been lost by a state enforcement officer or by other executing person and the recoverer learned about this fact after the expiration of the time limit established for presenting the writ of execution (court order) for execution. In this case, the statement for issuance of a duplicate of the writ of execution (court order) may be submitted within one month from the day when the recoverer has learned about the loss of the writ of execution (court order).
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A statement for issuance of a duplicate of a writ of execution (court order) shall be considered at the court session within one month from the day of the receipt of the statement by the court.
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The recoverer and the debtor shall be notified of the time and place of holding the court session by a court ruling issued not later than five days from the day of the receipt of the statement, in the order prescribed by article 127 of this Code. Non-appearance of the mentioned persons properly informed of the time and place of holding the court session shall not preclude the consideration of the statement.
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Based on the results of consideration of the statement a ruling shall be issued, a copy of which shall be sent to the recoverer and the debtor.
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The ruling may be appealed against (protested).
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Article 342. Deferral or installment plan of execution of a judicial act, change of the method and order of its execution
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If there are objective circumstances that prevent the performance of execution actions, the court, at the statement of the state enforcement officer, the recoverer or the debtor, has the right to defer or grant an installment plan of the execution of the judicial act or change the method and order for its execution.
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Deferral or installment plan of the execution of the judicial act may be provided for a term not exceeding one year, unless otherwise provided for by the decision of the authorized state body or the agreement between the parties.
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By granting to the debtor a deferral or installment plan of the execution, the court may take measures to ensure the execution of the judicial act according to the procedure prescribed by chapter 8 of this Code.
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A statement for deferral or installment plan for the execution of a judicial act, for change in the method and order of its execution shall be considered by the court at the court session within twenty days from the day of receipt of the statement by the court.
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If the execution of the judicial act is handled by the state enforcement officer, the recoverer, the debtor and the state enforcement officer shall be notified of the time and place of holding the court proceedings by a court ruling issued no later than five days from the date of receipt of the statement, according to the procedure prescribed by article 127 of this Code. Failure to appear of the mentioned persons, duly notified of the time and place of holding the court session, shall not preclude the consideration of the statement.
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A ruling shall be issued based on the results of consideration of the statement, a copy of which shall be sent to the recoverer, the debtor, as well as the state enforcement officer if the execution of the judicial act is handled by the state enforcement officer.
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The ruling may be appealed against (protested).
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Article 343. Reverse of execution of a judicial act
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In the instances when the executed judicial act has been changed or cancelled, and a new judicial act has been adopted on a complete or partial refusal of the claim, or the proceedings of the case have been terminated, or the claim has been left without consideration, the debtor shall be returned everything that has been recovered from him in favor of the plaintiff under the judicial act that was changed or cancelled in the corresponding part.
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If a judicial act, which was not executed, has been changed or cancelled, and a new judicial act has been adopted on a complete or partial refusal of the claim, or the proceedings of the case have been terminated, or the claim has been left without consideration, the court shall adopt a judicial act about a complete or partial termination of recovery under the corresponding part of the judicial act which was changed or cancelled.
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Article 344. Deciding on the issue on reverse of execution of a judicial act
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The issue of reverse of execution of a judicial act shall be decided by the court, which has adopted a new judicial act that cancelled or changed the previously adopted judicial act.
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If the resolution about a change or cancellation of the judicial act has no indication to the reverse of its execution, the respondent is entitled to submit a respective statement to the court of first instance.
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A statement on the reverse of execution of a judicial act shall be considered at the court session within twenty days from the day of receipt of the statement by the court without summoning the parties and court proceedings.
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A statement on reverse of execution of a judicial act shall be accompanied by documents confirming the execution of the previously adopted judicial act.
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A ruling shall be issued based on the results of consideration of the statement on the reverse of execution of a judicial act.
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The ruling may be appealed against (protested).
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In case of satisfaction of the statement on reverse of execution of a judicial act, the court shall issue a writ of execution for return of the recovered monetary means, property or its value.
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Article 345. Suspension or termination of executive proceedings
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The court, upon the statement of the recoverer, the debtor, or the state enforcement officer may suspend or terminate the execution proceedings initiated by the state enforcement officer on the basis of a writ of execution issued by the court, in cases provided by law.
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Executive proceedings initiated under a writ of execution issued by an economic court shall be suspended or terminated by the same court or by a court at the location of the state enforcement officer.
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A statement on suspension or termination of the execution proceedings shall be considered by the court within twenty days from the day of receipt of the statement by the court without summoning the parties and court proceedings.
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A ruling shall be issued based on the results of consideration of the statement on suspension or termination of the execution proceedings, a copy of which shall be sent to the recoverer, the debtor and also the state enforcement officer.
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The ruling may be appealed against (protested) within ten days from the day of its issuance.
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Article 346. Resumption of executive proceedings
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Executive proceedings shall be resumed on a statement from the recoverer or state enforcement officer by the court that has suspended the executive proceedings, after elimination of reasons or circumstances that have served as the grounds for its suspension.
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A statement on resumption of the executive proceedings shall be considered by the court within ten days from the day of its receipt without summoning the parties and court proceedings.
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A ruling shall be issued based on the results of consideration of the statement, a copy of which shall be sent to the recoverer, the debtor and also the state enforcement officer.
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The ruling on the refusal to resume the executive proceedings may be appealed against (protested).
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Article 347. Revocation of a writ of execution and issuance of a new writ of execution
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The court has the right to, upon the statement of the recoverer, the debtor, the state enforcement officer or on its own initiative, without summoning the parties and court proceedings, revoke a writ of execution, issued by it with misprints, typing errors and arithmetic mistakes, as well as issued on the basis of the changed (canceled) judicial act, and issue a new writ of execution instead of it.
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A ruling shall be issued based on the results of consideration of the statement on revocation of the writ of execution and issuance of a new writ of execution, a copy of which shall be sent to the recoverer, the debtor, and also to the state enforcement officer, if the execution of the court resolution is handled by the state enforcement officer.
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A writ of execution issued with misprints, typing errors and arithmetic mistakes, as well as issued on the basis of the changed (canceled) judicial act, shall be returned by the recoverer or the state enforcement officer to the court, which has issued it, without execution.
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A ruling on revocation of the writ of execution and issuance of a new writ of execution may be appealed against (protested).