Сode of the Republic of Uzbekistan on Administrative proceedings

Chapter 1. Basic Provisions#

Article 1. Legislation on Administrative Proceedings#

Legislation on administrative proceedings shall consist of this Code and other acts of legislation.

Where an international treaty of the Republic of Uzbekistan establishes rules other than those provided for by the legislation of the Republic of Uzbekistan on administrative proceedings, then the rules of the international treaty shall apply.

Article 2. Tasks of Administrative Proceedings#

The tasks of administrative proceedings shall be:

respect for the rule of law, rights and legitimate interests of citizens, as well as enterprises, institutions, organizations (hereinafter referred to as legal entities) in their relations with administrative bodies;

protection of violated or disputed rights, freedoms and legitimate interests of citizens and legal entities in the field of administrative and other public legal relations;

assistance in strengthening the rule of law and prevention of violations in the field of administrative and other public legal relations;

formation of a respectful attitude towards the law and the court.

Article 3. Scope of this Code#

This Code shall apply to the procedure for carrying out administrative proceedings in the course of consideration and resolving administrative cases on the protection of violated or disputed rights, freedoms and legal interests of citizens and legal entities.

This Code shall not apply to proceedings with regard to cases on administrative offenses.

Article 4. Access to Court#

Any interested person shall have the right to apply to an administrative court (court) for the protection of his/her violated or disputed rights or interests, which are protected by law.

In cases stipulated by legislation, the prosecutor, state bodies and other persons shall have the right to apply to the court.

Waiver of the right to apply to court shall be invalid.

Article 5. Form of Application to the Court#

An appeal to the court shall be carried out in the form of:

application statement (complaint) and petition — in administrative cases on the protection of violated or disputed rights, freedoms and legal interests of citizens and legal entities, as well as in other cases provided for by this Code;

complaint (protest) — when applying to the courts of appeal or cassation, as well as in other cases provided for by this Code and other laws.

The appeal and the documents attached to it may be sent to the court in the form of an electronic document.

Article 6. Administrative Case#

An administrative case shall be formed on the basis of documents submitted to the court by persons participating in the case and other participants in administrative proceedings, or requested by the court, as well as judicial and other acts drawn up on paper.

An administrative file can be formed electronically.

When forming an administrative case in electronic form, the persons participating in the case and other participants in the administrative proceedings shall have the right to submit documents to the court in electronic form, confirmed by their electronic digital signature. Documents in written which are submitted to the court by persons participating in the case and other participants in administrative proceedings shall be attached to the case in electronic form, and after the documents in written shall be returned to the persons who submitted them.

In the case of the formation of an administrative case in electronic form, judicial acts shall be confirmed by the electronic digital signature of the judge (judges), and the minutes of court sessions and individual procedural actions shall be confirmed by the electronic digital signature of the presiding judge and the secretary of the court session.

The transfer of an administrative case in electronic form to another administrative court or other body shall be carried out through the information system.

An administrative case which is formed in electronic form may have a copy on paper.

Article 7. Judicial Acts#

The court shall adopt judicial acts in the form of a decision, determination, order.

A decision or order shall be adopted in the court of first instance, based on the results of the consideration of the case on the merits.

Based on the results of the consideration of appeals, cassation, and supervisory complaints (protests), decisions shall be adopted by the courts of the appellate, cassation, and supervisory instances.

Court acts that do not resolve the case on the merits shall be issued in the form of determination.

Chapter 2. Principles of Administrative Judicial Proceedings#

Article 8. Administration of Justice by Court Only#

Justice with regard to administrative cases shall be administered only by a court in accordance with the rules established by this Code.

Article 9. Equality before the Law and the Court#

Administrative justice shall be administered on the basis of equality before the law and the court, regardless of individualsʼ gender, race, nationality, language, religion, beliefs, social origin, social status, and regardless of the form of ownership or location of legal entities, as well as other circumstances.

Article 10. Independence of Judges and their Subordination only to the Law#

In administering justice, judges shall be independent and subject only to the law.

Any interference in the activities of judges in the administration of justice shall be unacceptable and entails liability under the law.

The guarantees of the independence of judges shall be established by law.

Article 11. Active role of the court#

Administrative proceedings are carried out on the basis of the active role of the court.

The court, not limiting itself to explanations, statements, petitions of persons participating in the case, evidence presented by them and other materials of the case, comprehensively, completely and objectively examines all factual circumstances relevant for the correct resolution of the administrative case.

The court, on its own initiative or at the request of the persons participating in the case, collects additional evidence, as well as performs other actions aimed at solving the tasks of administrative proceedings.

The persons participating in the case are obliged to assist the court in investigating the factual circumstances of the case and in collecting evidence.

Article 12. Language of Administrative Proceedings#

Administrative proceedings shall be conducted in the Uzbek, Karakalpak languages or in the language of the majority of the population of the area.

Participants in a court proceeding who do not speak the language in which the administrative proceedings are conducted shall be guaranteed the right to familiarize themselves with the case materials, participate in court proceedings through an interpreter and the right to speak in court in their native language or freely chosen language of communication.

Judicial acts adopted in the course of the trial shall be drawn up in the same language in which the court session was held.

Article 13. Publicity of Court Proceedings#

Proceedings in courts shall be open.

Hearing of a case in a closed court session shall be allowed when it is necessary to preserve state secrets or other secrets protected by law. Hearing of a case in a closed court session via videoconferencing shall not be allowed, and audio and video recording of such a session shall not be carried out.

When holding a hearing in a closed court session, formation of a case in electronic form shall not be allowed.

On the hearing of the case in a closed court session, a determination shall be adopted.

The decision of the court in all cases shall be announced publicly.

Article 14. Immediacy of the Court Proceedings#

When considering an administrative case, the court shall be obliged to directly examine all the evidences in the case.

Article 15. Resolution of Administrative Cases on the basis of Legislation#

The court shall resolve administrative 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.

The court, having established the discrepancy between the act of the administrative body and the law when considering an administrative case, including its adoption with excess of authority, shall adopt a decision in accordance with the law.

In the absence of legal norms regulating the disputed relationship, the court shall apply the legal norms regulating similar relations, and in the absence of such norms, shall resolve the dispute based on the general principles and meaning of the laws.

When considering administrative cases, all irreparable contradictions and ambiguities of the legislation shall be interpreted in favor of citizens and legal entities.

Article 16. Binding Nature of Judicial Acts#

Judicial acts that have entered into legal force shall be obligatory for all state bodies, self-government bodies of citizens, public associations, enterprises, institutions, organizations, officials and citizens and shall be subject to execution throughout the territory of the Republic of Uzbekistan.

Failure to comply with judicial acts shall entail liability established by this Code and other laws.

Chapter 3. Composition of the Court#

Article 17. Single and Collegial Consideration of Cases#

Administrative cases (hereinafter referred to as “the case”) at first instance in the interdistrict administrative court, the Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent shall be considered by a single judge, cases in the Supreme Court of the Republic of Uzbekistan shall be considered at first instance collegially in the composition of three judges.

Review of cases in appellate, cassation, and supervisory proceedings shall be carried out by a panel consisting of three judges.

The review of a case in supervisory proceedings by the Presidium of the Supreme Court of the Republic of Uzbekistan shall be carried out by a panel with the participation of the majority of the members of the Presidium of the Supreme Court of the Republic of Uzbekistan.

In the collegial consideration of the case, one of the judges shall preside over the court session.

All judges shall enjoy equal rights when considering a case.

In the event that this Code gives the judge the right to solely consider the case and resolve individual issues, he shall act on behalf of the court.

Article 18. Formation of the Composition of the Court#

The composition of the court for the consideration of a specific case shall be formed taking into account the workload and specialization of judges in a manner that excludes the influence of persons interested in the outcome of the proceedings on its formation, with using an automated information system.

The case, the consideration of which was started by one judge or the composition of the court, should be considered by the same judge or the composition of the court.

Replacement of a judge or one of the judges shall be possible in the case of:

self-recusal or recusal of a judge declared and satisfied in the manner prescribed by this Code;

impossibility of considering the case due to the absence of a judge.

After the replacement of the judge, the consideration of the case shall begin anew.

Article 19. Procedure for Resolving Issues by a Collegial Court Composition#

Issues, which arise during the consideration of a case by a collegial court, shall be resolved by judges by a majority vote. None of the judges shall have the right to abstain from voting. The judge presiding at the court session shall vote last.

A judge who disagrees with the majority opinion shall be obliged to sign the judicial act and shall have the right to state in writing his dissenting opinion, which is attached to the case in a sealed envelope, but not announced. The persons participating in the case shall not be familiarized with the dissenting opinion of the judge.

The higher court shall have the right to familiarize with the dissenting opinion of the judge.

Article 20. Prohibition of repeated participation of a judge in the consideration of a case#

A judge who participated in the consideration of a case in a court of first instance may not participate in the reconsideration of the same case in the court of first instance if the judgment of the court was annulled by an appellate, cassation, or supervisory instance, except in cases where the case is being reviewed due to newly discovered circumstances.

A judge who participated in the consideration of a case in the court of first instance may not participate in the consideration of the same case in the appellate, cassation, or supervisory instance.

A judge who participated in the consideration of a case in the appellate instance may not participate in the consideration of the same case in the first instance, cassation, or supervisory instance.

A judge who participated in the consideration of a case in the cassation instance may not participate in the consideration of the same case in the first instance, appellate, or supervisory instance.

A judge who participated in the consideration of a case in the supervisory instance may not participate in the consideration of the same case in the first instance, appellate, or cassation instance, nor in the re-consideration of the case in supervisory proceedings by a higher court.

Chapter 4. Recusal of a Judge and other Participants in Administrative Proceedings#

Article 21 Recusal of a Judge#

A judge cannot participate in the consideration of a case and is subject to recusal if he:

1) participated in the previous consideration of this case as a judge and his repeated participation in the consideration of the case is unacceptable in accordance with the requirements of this Code;

2) participated in the previous consideration of this case as a prosecutor, expert, specialist, translator, court secretary, representative or witness;

3) is a relative of the persons participating in the case, or their representatives;

4) is personally, directly or indirectly interested in the outcome of the case, or there are other circumstances that raise doubts with regard to his impartiality;

5) is a relative of a judge who is a member of the collegial court composition considering the case.

Article 22. Recusal of a Prosecutor, Expert, Specialist, Translator and Secretary of the Court Session#

A prosecutor, expert, specialist, translator and secretary of the court session cannot participate in the consideration of the case and shall be subject to recusal if he:

1) is a relative of the persons participating in the case, or their representatives;

2) is personally, directly or indirectly interested in the outcome of the case, or there are other circumstances that raise doubts with regard to his impartiality.

Grounds for challenging an expert and a specialist shall be also:

1) his official or other dependence on the persons participating in the case, or their representatives at the time of the proceedings or in the past;

2) the production by him of an audit, the materials of which served as the basis or reason for applying to court or are used in the consideration of the case.

Article 23. Applications for Recusal#

In case there are grounds specified in articles 21 and 22 of this Code, the judge, prosecutor, expert, specialist, court secretary and translator shall be obliged to declare self-recusation. They may be challenged by the persons participating in the case on the same grounds. A challenge to a prosecutor, expert, specialist, court secretary, translator may also be considered on the initiative of the court.

Self-recusation or recusal must be motivated and declared before the start of the consideration of the case on the merits.

Applying self-recusation or recusal in the course of the consideration of the case shall be allowed only if the grounds for self-recusation or recusal became known to the person declaring self-recusation or recusal after the start of the consideration of the case on the merits.

A repeated recusal on the same grounds cannot be declared by the same person. In the event of an application for a repeated recusal, it shall not be considered.

Article 24. Procedure for Resolving a Declared Recusal#

In case of a recusal, the court shall hear the opinion of the persons participating in the case, as well as the person with regard to whom the recusal is filed, if the challenged wants to give explanations.

The issue of recusal of a judge who is considering a case solely shall be resolved by the chairman of the court.

The issue of recusal of a judge who is considering a case in a collegial court composition shall be resolved by the same composition of the court by a majority vote in the absence of the judge to whom the recusal has been filed. If the number of votes cast for the recusal and against the recusal is equal, the judge shall be considered recused.

The issue of recusal of several judges or to the entire composition of the court considering the case shall be resolved by the same composition by a simple majority of votes.

The issue of self-recusation or recusal of a prosecutor, expert, specialist, court secretary and translator shall be resolved by the court considering the case.

The issue of self-recusation of a judge shall be resolved by the court in the manner prescribed by this article.

Based on the results of consideration of the issue of recusal, a determination shall be adopted.

Article 25. Consequences of Satisfying the Application for Recusal#

In case of satisfaction of the application for self-recusal or recusal of a judge, or several judges, or the entire composition of the court, the case shall be considered in the same court, but with a different composition of judges.

If, as a result of the satisfaction of the self-recusal and recusal, it is impossible to form a new composition of the court to consider the case in the same court, it must be transferred to another court.

§ 1. Responsibility#

Article 26. Responsibility for Cases#

The Administrative Court shall have the responsibility over cases on the protection of violated or disputed rights, freedoms and legal interests of citizens and legal entities arising from administrative and other public legal relations, with the exception of cases referred to the responsibility of the Constitutional Court of the Republic of Uzbekistan, civil courts, economic courts and military courts.

Other cases may also be referred to the responsibility of the administrative court by law.

The Administrative Court shall consider cases under its responsibility with the participation of citizens, legal entities and administrative bodies, as well as foreign legal entities, international organizations, foreign citizens, persons without citizenship which are operating in the territory of the Republic of Uzbekistan, unless otherwise provided by an international treaty of the Republic of Uzbekistan.

It is not allowed to combine several related claims, some of which are subordinate to an administrative court, and others to an economic court or a civil court.

Article 27. Cases Adjudicated by the Court#

The court shall adjudicate cases:

1) on challenging departmental normative legal acts;

2) on challenging decisions, actions (inaction) of government bodies, other organizations authorized to carry out administrative and legal activities (hereinafter referred to as administrative bodies), self-government bodies of citizens and their officials which do not comply with the legislation and violate the rights and interests of citizens or legal entities protected by law;

3) on challenging the actions (decisions) of election commissions;

4) on challenging the refusal to perform a notarial act, registration of civil status records or actions (inaction) of a notary or an official of the civil status register;

5) on appealing against the refusal of state registration or evasion of state registration within the prescribed period;

6) on investment disputes specified in article 27² of this Code;

7) on the competition specified in article 27² of this Code;

8) on appealing an executive or other document, according to which collection is carried out in an indisputable manner, according to requirements arising from administrative and other public legal relations.

The court shall also adjudicate other cases on the protection of violated or disputed rights, freedoms and legal interests of citizens and legal entities arising from administrative and other public legal relations, attributed by law to its competence.

The applicant has the right to submit, along with the statement (complaint) specified in this article, also a claim for compensation for losses that are in a cause-and-effect relationship with these claims.

Claims for damages claimed separately from the claims specified in this article are subject to consideration in a civil court or an economic court under jurisdiction.

Article 27¹. Cases on Investment Disputes#

Investment disputes shall include cases between investors and administrative bodies, self-government bodies of citizens on decisions, actions (inaction) of their officials related to compliance with the terms of the investment agreement.

Article 27². Cases on Competition#

Cases on competition shall be deemed to be disputes which are within the jurisdiction of an administrative court, between legal entities, including foreign ones, economic management bodies, individual entrepreneurs and the antimonopoly body arising from relations in the field of competition in the commodity and financial markets.

Article 27³. Transfer of case materials from the administrative court to another court under jurisdiction#

If a claim is submitted to an administrative court in violation of the rules of jurisdiction, the application (complaint) is submitted for consideration to the civil court or economic court within the jurisdiction.

If, during the consideration of the case, it is revealed that the application (complaint) was accepted for proceedings in violation of the rules of jurisdiction, the administrative court issues a ruling to transfer the case materials to the civil court or economic court of jurisdiction and terminate the administrative proceedings.

A ruling to transfer an application (complaint) or case materials from an administrative court to another court within its jurisdiction may be appealed (protested).

An application (complaint), case materials transferred from an administrative court to another court under jurisdiction must be accepted by the court to which they were transferred.

Disputes about jurisdiction between courts in the Republic of Uzbekistan are not allowed.

§ 2. Jurisdiction#

Article 28. Jurisdiction of Cases#

Cases subject to the jurisdiction of the court shall be considered by inter-district administrative courts, with the exception of cases which are within the jurisdiction of the Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent, as well as the Supreme Court of the Republic of Uzbekistan.

At the request of a major investor in investment disputes, parties in competition cases, cases of this category shall be considered directly by the Supreme Court of the Republic of Uzbekistan, and other investment disputes, at the request of the investor, shall be considered by the Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent as a court of first instance.

Article 29. Cases within the Jurisdiction of the Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent#

The Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent shall consider cases related to state secrets as a court of first instance.

The Administrative Court of the Republic of Karakalpakstan, the administrative courts of the regions and the city of Tashkentshall have the right to withdraw any case from the interdistrict administrative court and accept it for its proceedings at first instance, depending on special circumstances, or transfer the case from one court to another.

Article 30. Cases within Jurisdiction of the Supreme Court of the Republic of Uzbekistan#

Supreme Court of the Republic of Uzbekistan shall consider as a court of first instance cases:

1) on challenging departmental normative-legal acts;

2) on challenging the actions (decisions) of the Central Election Commission of the Republic of Uzbekistan.

The Supreme Court of the Republic of Uzbekistan shall consider other cases as well referred by law to its competence as a court of first instance.

The Supreme Court of the Republic of Uzbekistan shall have the right to withdraw any case from any administrative court and to accept it for its proceedings at first instance, depending on special circumstances, or to transfer the case from one court to another.

In the cases of a cancellation of a court decision, a court resolution upon re-examination of the case in cassation and sending it for a new consideration to the court of first instance, the Supreme Court of the Republic of Uzbekistan shall have the right to accept the case for its proceedings as a court of first instance.

Article 31. Cases within Jurisdiction of Military Courts#

Military courts of the Republic of Uzbekistan shall consider administrative cases assigned by law to their competence.

Article 32. General Rules of Jurisdiction#

An application (complaint) of a citizen or legal entity shall be submitted to the court at the location of the administrative body or at the place of work of the official whose decisions, actions (inaction) are appealed.

Article 33. Jurisdiction at the Choice of the Applicant#

An application (complaint) with regard to several defendants which located in different places shall be submitted to the court at the choice of the applicant at the location of one of the defendants.

Claims (complaints) related to the investment activities of an investor who is not a major investor may be brought to the interdistrict administrative court or the Administrative Court of the Republic of Karakalpakstan, the administrative courts of the regions and the city of Tashkent at the location of the defendant.

Claims (complaints) related to the investment activities of a major investor, as well as claims those arising from relations in the field of competition in commodity and financial markets, may be brought to the interdistrict administrative court or the Supreme Court of the Republic of Uzbekistan.

Article 34. Transfer of a Case from one Administrative Court to another#

A case which is accepted by the court for its proceedings in compliance with the rules of jurisdiction, must be examined by it on the merits, even if in the future it became jurisdictional to another administrative court.

The court shall refer the case to another administrative court if:

1) during the consideration of the case in this court it was revealed that it was accepted for proceedings in violation of the rules of jurisdiction;

2) after the recursal of one or several judges, their replacement in this court becomes impossible, as well as in other cases when it is impossible to consider the case in this court.

A determination of court shall be issued on the transfer of the case to another administrative court.

A case which is sent from one court to another must be accepted for consideration by the court to which it was sent.

Disputes with regard to jurisdiction between administrative courts shall be not allowed.

§ 1. Administrative Procedural Legal Capacity and Dispositive Capacity#

Article 35. Administrative Procedural Legal Capacity#

The ability to command administrative procedural rights and obligations (administrative procedural legal capacity) shall be recognized for all citizens and legal entities equally.

Article 36. Administrative Procedural Dispositive Capacity#

The ability to exercise rights and obligations in court shall belong to citizens who have reached the age of majority and to legal entities.

A minor may personally exercise his procedural rights and perform procedural duties in court from the time of marriage in the event that the law allows marriage before reaching eighteen years of age, as well as in the event that he is declared fully dispositive capable in the manner prescribed by law (emancipation).

The rights, freedoms and legally protected interests of a minor between the ages of fourteen and eighteen, as well as a citizen recognized as having limited dispositive capacity, shall be protected in court by their legal representatives (parents, adoptive parents, trustees, an administration of educational, medical institutions or other similar institutions). However, the court shall have the right to involve the minor himself or a citizen recognized as having limited dispositive capacity to participate in such cases.

In the events stipulated by law with regard to cases arising from administrative legal relations, a minor shall have the right to personally defend his rights and interests protected by law in court. However, the court shall have the right to involve the legal representatives of the minor in such cases.

The rights, freedoms and legally protected interests of a minor under the age of fourteen, as well as a citizen recognized as incapacitated due to a mental disorder (mental illness or dementia), shall be protected in court by their legal representatives.

§ 2. Composition, Rights and Obligations of Participants in Administrative Proceedings#

Article 37. Composition of Participants in Administrative Proceedings#

Participants in administrative proceedings shall be deemed to be persons participating in the case and persons facilitating the administration of justice.

Article 38. Persons Participating in the Case#

The persons participating in the case shall be deemed the parties, third parties, the prosecutor, state bodies and other persons, by virtue of the powers assigned to them.

Article 39. Rights and Obligations of Persons Participating in the Case#

Persons who participate in the case shall have the right to familiarize themselves with the case materials, make extracts from them, make copies, declare recusals, present evidence, participate in the examination of evidence, ask questions, make petitions, make statements, give oral and written explanations to the court, present their arguments, conclusions on all issues arising in the course of the consideration of the case, object to the motions, arguments of other persons participating in the case, appeal (protest) judicial acts and enjoy other procedural rights granted to them by this Code.

The persons participating in the case shall bear the procedural obligations provided for by this Code and must conscientiously use all procedural rights belonging to them.

Article 40. Parties#

Parties in administrative proceedings shall be deemed an applicant and a defendant.

Applicants shall be deemed citizens and legal entities who have made a claim to protect their rights and legally protected interests or in whose interests the claim is made.

The defendants shall be deemed the administrative bodies, self-government bodies of citizens and their officials against whom the claim is made.

The parties shall enjoy equal procedural rights.

Article 41. Participation in the Case of Several Applicants and Defendants#

A claim may be brought jointly by several applicants or against several defendants.

Each of the applicants and defendants shall act independently in the proceedings in relation to the other party.

Procedural partners may entrust the conduct of the case to one of the partners.

If it is impossible to consider the case without the participation of another defendant, the court of first instance, prior to making a decision with the consent of the applicant, shall involve this defendant in the case.

If the legislation provides for the mandatory participation in the case of another defendant, the court shall involve this defendant in the case on its own initiative.

The court shall have the right to involve another defendant in the case at the request of the applicant too. A determination shall be issued on the involvement or refusal to involve another defendant in the case.

Where another defendant brought to participate in the case, the case shall be considered from the beginning.

Article 42. Replacement of the Inappropriate Defendant#

The court, having established that the claim has been brought against the person who should not defend to the application (complaint), prior to making a decision, with the consent of the applicant, may allow the replacement of the inappropriate defendant by the proper defendant.

If the applicant does not agree to the replacement of the defendant by another person, the court may, with the consent of the applicant, involve this person as a second defendant.

A determination shall be issued on the replacement of the inappropriate defendant.

After replacement of the inappropriate defendant, the case shall be considered from the beginning.

Article 43. Procedural Succession#

In the event of the withdrawal of one of the parties in a disputed or legal relationship established by a judicial act (reorganization of a legal entity, death of a citizen and other cases of change of persons in obligations), the court shall replace this party with its successor.

Succession shall be possible at any stage of administrative proceedings.

A determination shall be issued on the replacement of a party by a legal successor.

The determination on the replacement of a party by a legal successor may be appealed (protested).

After the replacement of the party by the legal successor, the administrative proceedings shall continue at the same stage in which the replacement was made.

For the legal successor, all actions performed in the judicial process prior to his entry into the case shall be obligatory to the extent that they would be obligatory for the person who was replaced by the legal successor.

Article 44. Third Parties Making Independent Claims regarding the Subject of the Dispute#

Third parties making independent claims regarding the subject of the dispute may enter before the court of first instance makes a decision. They shall enjoy all the rights and bear all the obligations of the applicant.

In the event that a third party, making independent claims regarding the subject of the dispute, entered the case after the start of the trial, the case shall be considered from the beginning.

Article 45. Third Parties who do not Make Independent Claims regarding the Subject of the Dispute#

Third parties who do not make independent claims regarding the subject of the dispute may enter the case on the side of the applicant or the defendant before the decision of the first instance court is made, if it can affect their rights or obligations regarding relation to one of the parties. They can also be involved in the case at the request of a party or at the initiative of the court.

Third parties who do not make independent claims regarding the subject of the stated claim enjoy procedural rights and bear procedural responsibilities of the party, with the exception of the right to change the basis or subject of the stated claim, waiver of the claim, recognition of the claim or conclusion of a settlement agreement, demand for the forced execution of a judicial act.

A determination shall be issued on the involvement of a third party who does not make independent claims regarding the subject of the dispute to participate in the case or to refuse to do so.

In the event that a third party, who does not make independent claims regarding the subject of the dispute, entered the case after the start of the trial, the case shall be considered from the beginning.

Article 46. Participation of the Prosecutor in the Case#

A prosecutor shall have the right to participate in the court session in all cases.

The prosecutor shall have the right to apply to the court with an application in defense of the rights and legally protected interests of citizens and legal entities, as well as society and the state.

Prosecutors of the Republic of Karakalpakstan, regions, the city of Tashkent, districts (cities) and equivalent prosecutors or their deputies shall submit an application to the inter-district administrative courts, and prosecutors of the Republic of Karakalpakstan, regions, and the city of Tashkent or their deputies shall submit an application to the Administrative Court of the Republic of Karakalpakstan, administrative courts of regions and the city of Tashkent.

The Prosecutor General of the Republic of Uzbekistan or his deputy shall have the right to submit an application to all administrative courts of the Republic of Uzbekistan.

The refusal of the prosecutor from the application submitted by him shall not deprive the applicant of the right to demand the examination of the case on the merits.

The refusal of the applicant from the claim, which was made in defense of his rights by the prosecutor, shall entail dismissing the application.

In cases provided for by law or where the court deems the participation of the prosecutor necessary, the prosecutor's participation shall be mandatory in cases related to legal relations concerning land, as well as in cases initiated on the basis of the prosecutorʼs application.

The prosecutor participating in the case shall express his opinion on the merits of the case, except for cases initiated at his request in defense of the rights and protected interests of other persons.

The prosecutor who filed an application in the interests of a citizen, legal entity, society and the state enjoys the rights and bears the responsibilities of the applicant, with the exception of the right to conclude a settlement agreement.

Article 47. Participation in the Case of State Bodies and other Persons#

In cases stipulated by legislation, state bodies and other persons may submit an application in defense of the rights and interests of citizens and legal entities protected by law. The indicated bodies and persons who submitted the application shall enjoy all the rights and bear the obligations of the applicant.

The refusal of the state body and other person from the application submitted by it shall not deprive the applicant of the right to demand that the case be considered on the merits.

The refusal of the applicant from the claim, which was made in defense of his rights by a state body and other person, shall entail dismissing the application.

Article 48. Persons Facilitating the Administration of Justice#

Along with the persons participating in the case, persons facilitating the administration of justice may participate in administrative proceedings, such as witnesses, experts, specialists and translators.

Article 49. Secretary of the Court Session#

During the court session, the assistant (senior assistant) of the judge shall perform the functions of the secretary of the court session.

The secretary of the court session shall take the actions necessary to prepare administrative cases for the trial, notify the persons participating in the case about the time and place of the trial and check their appearance in court, find out the reasons for their failure to appear and report this to the judge, keep a record of the procedural actions, carry out other orders of the judge related to the preparation and conduct of the court session, and sending of the judicial act for execution.

Article 50. Witness#

Any person who is aware of any circumstances relevant to the case may be a witness.

The following cannot be summoned and interrogated as witnesses:

representatives in a civil, economic, administrative case or defense lawyers in a criminal case, lawyers in a case of an administrative offense with regard to the circumstances that became known to them in connection with the performance of the duties of a representative, defense lawyer or lawyer;

persons who, due to their physical disabilities or mental disorders, are unable to correctly perceive facts or give correct testimony about them.

Article 51. Rights and Obligations of a Witness#

Witness shall have the right to use the legal assistance of a lawyer, to testify in his native language if he does not command or command insufficiently the language in which the administrative proceedings are conducted, and in this case to use the services of an interpreter, to state his testimony by himself, and to use written notes and documents when giving testimony.

A witness shall be obliged to appear when summoned by the court, to give truthful testimony about the information and circumstances known to him in the case, to answer questions of the judge and persons participating in the case, to maintain order during the court session.

A witness shall be criminally liable for giving deliberately false testimony, which is warned by the court against writ receipt.

No one shall be obliged to testify against himself and his close relatives.

The obligation to testify shall not apply to persons who, in accordance with the law, have the right to refuse to testify on the basis of information and circumstances that have become known to them by virtue of their professional duty.

Article 52. Expert#

A physical person who has special knowledge in the field of science, technology, art or craft necessary for giving an opinion may be appointed as an expert.

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.

Persons recognized legally as incapacitated or partially incapacitated, as well as persons with an outstanding or unexpunged conviction for deliberate crimes, cannot be involved as an expert.

Article 53. Rights and Obligations of an Expert#

Expert: to examine the case materials related to the subject of the expert examination, to take necessary information from them or make copies; to participate in on-site inspection and file motions for the submission of additional materials and objects necessary for conducting the expert examination; to participate in the judicial examination of evidence related to the subject of the expert examination and, with the permission of the court, ask questions to the parties and witnesses; to examine physical, written, and digital evidence and documents; to state in their conclusion not only opinions on the questions posed but also on other issues related to the subject of the expert examination and relevant to the case; to make statements for inclusion in the court session record in case their conclusion or testimony is misinterpreted by parties or witnesses; if the expert does not know or does not sufficiently know the language of the administrative proceedings, to submit the conclusion and provide testimony in their native language and, in such cases, to use interpreter services; if the court's rulings or the actions (inaction) of the judge violate the expertʼs rights and freedoms, to appeal such rulings or actions (inaction) in accordance with the procedure established by law.

The expert shall be obliged: if there are grounds provided for by Articles 21 and 22 of this Code, immediately recuse himself; conduct a comprehensive and complete study of the objects of research presented to him, give a reasoned and objective written opinion on the questions posed to him; appear when summoned by 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 production of the examination; to ensure the safety of the presented objects of research and case materials; keep order during the trial.

The expert shall bear criminal liability for giving a deliberately false conclusion.

Where the expert is convinced that the questions posed cannot be resolved on the basis of his special knowledge or the objects of research or materials presented to him are unsuitable or insufficient for giving an opinion and cannot be filled in, or the state of science and forensic practice does not allow answering the questions posed, he shall draw up a motivated act on the impossibility of giving an opinion and send it to the court that appointed the expert examination.

Article 54. Specialist#

To participate in a court session or procedural actions in order to assist in the collection, research and assessment of evidence by giving advice (explanations) and assistance in the use of scientific and technical means, the court may involve an adult who is not interested in the outcome of the case in the capacity of a specialist with specialized knowledge and skills in the field of science, technology, art or craft.

A determination shall be issues on the involvement of a specialist to participate in the court session.

A court request to call a specialist shall be mandatory for his employer.

The court shall have the right to involve a specialist at the request of a party. The persons participating in the case can file a petition with the court for the involvement of a specific person with special knowledge and skills as a specialist.

Article 55. Rights and Obligations of a Specialist#

A person summoned as a specialist shall have the right: to know the purpose of calling him; refuse to participate in the proceedings if he does not have the appropriate special knowledge and skills; with the permission of the court, to ask questions to the participants in the procedural action; to draw the attention of the participants in the procedural action to the circumstances associated with his actions in assisting in the collection, research and assessment of evidence, in the use of scientific and technical means, in the preparation of materials for the appointment of an examination; to get acquainted with the protocol of the procedural action in which he took part, as well as in the relevant part with the protocol of the court session and make statements and comments to be entered into the protocol regarding the completeness and correctness of recording the course and results of the actions carried out with his participation; receive reimbursement of expenses incurred by him in connection with participation in the production of procedural actions, and remuneration for the work performed, if participation in the proceedings on the case is not included in the scope of his official duties.

The person involved as a specialist shall be obliged to: appear when summoned by the court; to participate in the production of procedural actions and in court proceedings, using special knowledge, skills and scientific and technical means; give advice and explanations about the actions he performs.

If a specialist does not appear when summoned by the court for reasons recognized by the court as disrespectful, as well as for unreasonable refusal to give advice (explanations), he may be fined in the manner prescribed by this Code.

The imposition of a fine shall not relieve a specialist from the obligation to appear and give advice (explanations).

Article 56. Interpreter#

An interpreter is a person who speaks languages, knowledge of which is necessary for translation, and appointed by the court in the cases provided for by this Code.

Other participants in administrative proceedings shall not be entitled to assume the duties of an interpreter, although they know the languages necessary for translation.

Article 57. Rights and Obligations of an Interpreter#

An interpreter shall have the right: to ask questions to the participants of the court session in order to clarify the translation; refusal to participate in court proceedings if he does not have the appropriate knowledge for translation; get acquainted with the protocol of the court session; submit objections to the correctness of the translation.

The Interpreter shall be obliged: to appear when summoned by the court; accurately, fully and correctly translate; keep order during the court session.

The translator shall be criminally liable for knowingly incorrect translation, about which he is warned by the court against receipt.

§ 3. Representation in Court#

Article 58. Conducting Cases through Representatives#

Cases with regard to legal entities in court shall be conducted by their bodies, acting within the powers granted to them by legislation or by constituent documents, and (or) their representatives.

Citizens shall have the right to conduct their cases in court personally and (or) through representatives. Personal participation in the case of a citizen shall not deprive him of the right to have a representative in the case.

Article 59. Legal Representation#

Rights and legally protected interests of incapacitated or partially dispositive capable persons shall be protected in court by their legal representatives (parents, adoptive parents, guardians, trustees).

In a case in which a citizen recognized as missing in the established manner must participate, the person appointed to guard and manage the property of the missing person shall act as his representative.

In a case in which the heir of a person who has died or is declared dead in accordance with the established procedure must participate, if the inheritance has not yet been accepted by anyone, the guardian or custodian appointed to protect and manage the inherited property shall act as the representative of the heir.

A legal representative shall have the right to entrust the conduct of a case in court to another person chosen by him as a representative.

The legal representative of a minor under the age of fourteen, of a person recognized as incapacitated or missing, shall perform all procedural actions in the interests of the represented person when considering cases concerning the rights and legally protected interests of the person he represents.

The legal representative of a minor from fourteen to eighteen years of age, a person recognized as having limited legal capacity, shall perform all procedural actions in the interests of this person when considering cases within the scope of limited rights.

Legal representatives and representatives shall not be entitled to perform procedural actions in their own interests or contrary to the interests of the person they represent.

Article 60. Contractual (Voluntary) Representation#

Under contractual (voluntary) representation, the principal shall instructs the representative to conduct a case in court in defense of his rights and interests protected by law.

Contractual (voluntary) representatives can be:

1) bars;

2) relatives in the direct ascending and descending or lateral line, as well as the husband (wife) or his (her) relatives;

3) employees of legal entities — on the cases of these legal entities;

4) authorized representatives of non-commercial organizations — on the cases of members of these organizations;

5) authorized representatives of non-commercial organizations, who are authorized by law to protect the rights and interests of other persons;

6) one of the procedural accomplices on behalf of other accomplices;

7) persons admitted by the court considering the case as representatives of physical persons.

Only lawyers can be involved in professional activities in the conduct of cases in court as a representative.

At the request of the applicant, the court shall take measures to ensure the participation of a lawyer providing legal assistance at the expense of the state in accordance with the Law of the Republic of Uzbekistan "On Providing Legal Assistance at the Expense of the State".

Until the involvement of a lawyer providing legal assistance at the expense of the state, the court shall postpone the hearing of the case. When involving such a lawyer, the lawyer must be given at least four hours to prepare for the case from the moment their participation is confirmed.

Article 61. Formalization of the Powers of the Representative#

The powers of the representative must be indicated in the power of attorney issued and registered in accordance with the legislation.

Powers of attorney issued by citizens shall be certified by notaries or other officials who have the right to perform notarial acts.

Representatives of public administration bodies, or an official shall act on the basis of a power of attorney issued with the signature of the head of the relevant body or official.

A power of attorney on behalf of a legal entity shall be issued with the signature of the head of a legal entity, certified by the seal of the legal entity (if there is a seal).

The heads of legal entities shall present to the court documents certifying their official position or powers.

The powers of a lawyer shall be certified in the manner prescribed by legislation.

Article 62. Powers of a Representative#

Powers to conduct a case in court shall grant the right to a representative to perform all procedural actions on behalf of the person represented, with the exception of the right to conclude a settlement agreement.

The powers of the contractual representative to make a full or partial refusal, change the basis or subject of the claim, recognition of the applicant's claims, transfer of authority to another person (transfer of trust), appeal against a judicial act, signing an application for revision of a judicial act due to newly discovered circumstances, requiring for the enforcement of a judicial act must be in each case specially stipulated in the power of attorney issued by the represented.

Article 63. Verification of the Powers of the Persons Participating in the Case and their Representatives#

The court shall be obliged to verify the powers of the persons participating in the case and their representatives.

The court shall resolve the issue of recognizing the powers of the persons participating in the case and their representatives and allowing them to participate in the court session on the basis of a study of the documents presented by these persons to the court. Information about the documents confirming the powers of the persons participating in the case and their representatives shall be entered into the minutes of the court session, and, if necessary, their copies shall be attached to the case.

In the event the person participating in the case, his representative fails to provide the necessary documents in confirmation of powers or submission of documents that do not meet the requirements of the legislation, the court shall refuse to recognize the powers of the relevant person to participate in the case, what shall be indicated in the minutes of the court session.

Article 64. Persons Who Cannot Be Representatives in Court#

Representatives in court may not be persons:

1) who have not reached the age of majority, except for cases established by legislation;

2) who are under guardianship and trusteeship;

3) who are judges, prosecutors, investigators, interrogators, employees of the court apparatus, except for cases when they act as legal representatives (parents, adoptive parents, guardians, trustees), as well as representatives of the relevant court, prosecutor's office, inquiry body and investigative body;

4) those who have provided or have previously provided legal assistance to persons whose interests contradict the interests of the person they represent;

5) those in kinship with a judge, prosecutor, court secretary, expert, specialist, interpreter.

Chapter 7. Evidence and Proof#

Article 65. Concept and Types of Evidence#

Evidence in the case consists of information about facts obtained in accordance with the procedure provided for in this Code and other laws, on the basis of which the court determines the existence or absence of circumstances substantiating the claims and objections of the persons participating in the case, as well as other circumstances relevant to the correct resolution of the dispute. Such information is established through physical, written, and digital evidence, expert conclusions, specialist consultations (explanations), witness testimonies, and explanations of the persons participating in the case.

The use of evidence obtained in violation of the law shall not be allowed.

Article 66. Proof#

Proof shall consist of the collection, verification and assessment of evidence in order to establish the circumstances that are important for the consideration of the case on the merits.

Article 67. Obligation to Prove#

The persons participating in the case must prove the factual circumstances to which they refer as the grounds for their claims or objections, unless another procedure for the distribution of evidentiary duties in administrative cases is provided for by this Code.

The applicant, to the extent possible, is obliged to participate in the collection of evidence. The applicant is obliged to prove the amount of damage caused to him.

The burden of proof rests with administrative bodies and officials whose decisions, actions (inactions) are being challenged. Administrative bodies and officials are also required to confirm the facts to which they refer as the basis for their objections. These persons can only refer to the grounds that guided them when making a decision or taking an action.

If a party retains 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 is assumed that the information contained in it is directed against the interests of this party and is considered recognized by it.

Article 68. Presentation and Request of Evidence#

The parties are obliged to submit to the court all the evidence at their disposal with which they substantiate their claims or objections. The administrative body is also obliged to submit all the materials of the administrative proceedings.

If the evidence presented is insufficient for the correct resolution of the case, the court will request additional evidence on its own initiative or at the request of the persons participating in the case.

The persons participating in the case have no right to destroy or conceal any evidence or otherwise interfere with its investigation and evaluation, making it impossible or difficult to obtain evidence. In such a case, the court may impose the burden of proof on the obstructing party, regardless of the rules established by this Code.

A person participating in a case who is unable to independently obtain the necessary evidence from a person participating or not participating in the case, shall have the right to apply to the court with a petition to demand this evidence. The petition must indicate what circumstances relevant to the case can be established by this evidence, indicate the evidence and indicate its location.

The court shall issue a determination on the demand for evidence, which specifies the time limit and procedure for presenting this evidence.

A copy of the determination shall be sent to the persons participating in the case, as well as to the person who possess the evidence requested by the court.

The person who possess the evidence requested by the court shall send it directly to the court or hand it to the person who submitted the relevant determination, for transferring to the court.

If the person from whom the court is demanding evidence is unable to present it or unable to present within the time limit established by the court, he shall be obliged to notify the court about this, indicating the reasons within this time limit.

In case of failure to fulfill the obligation to present the requested evidence for reasons recognized by the court as disrespectful, a fine shall be imposed on the person who possess the evidence in the manner prescribed by this Code.

The imposition of a fine shall not relieve the person in possession of the required evidence from the obligation to present it to the court.

Article 69. Inspection and Examination of Evidence at the Place of its Location#

The court may inspect and study evidence at the place of its location in case of impossibility or difficulty of delivery to the court, as well as material evidence subject to rapid damage.

A determination shall be issued on inspection and examination of evidence at the place of its location.

If necessary, persons facilitating the administration of justice may be summoned to participate in the inspection and examination of evidence.

Material evidence, subject to rapid damage, can be inspected and examined immediately by the court without notifying the persons participating in the case.

A record shall be drawn up by the court in accordance with the procedure established by Article 175 of this Code during the direct inspection and examination of physical, written, and digital evidence at the location where such evidence is situated.

Along with drawing up a protocol, audio, video recording, photographing, making copies, plans, diagrams and other methods of displaying information can be used to consolidate evidence. The application of this method of securing evidence shall be reflected in the protocol, materials reflecting the information shall be attached to the protocol.

Article 70. Relevance of Evidence#

The court shall accept only evidence that is relevant to the case.

If, in the opinion of the court, the evidence presented does not relate to the case under consideration, they shall not be attached to the case file; their rejection as evidence shall be recorded in the judicial act.

Article 71. Admissibility of Evidence#

Circumstances of the case, which, according to the legislation, must be confirmed by certain evidence, cannot be confirmed by other evidence.

Article 72. Grounds for Exemption from Proof#

Circumstances of the case, which are recognized by the administrative court as generally known, shall not need proof.

The circumstances established by the decision of the administrative court on a previously considered case, which entered into legal force, shall not be proven again, where the court is considering another case in which the same persons are participating.

A decision of a civil court or an economic court that has entered into legal force shall be binding for an administrative court which considers another case on issues about circumstances established by a decision of a civil court or an economic court and related to the persons participating in the case.

The verdict of the criminal court, which has entered into legal force, shall be binding for the administrative court on the issues of whether certain actions took place and by whom they were committed.

Article 73. Assessment of Evidence#

The court shall assess the evidence according to its inner conviction based on a comprehensive, full and impartial consideration in the court session of all the circumstances of the case in their totality, and guided by the law.

Each of the evidence shall be subject to assessment from the point of view of relevance, admissibility and reliability, and the totality of evidence from the point of view of their sufficiency.

Evidence shall be considered reliable if, as a result of verification, it is established that it corresponds to reality.

No evidence shall have a predetermined effect on the court.

The court is not bound by a party's statement on the admissibility of evidence, which is allowed when making a decision.

The court cannot consider as 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 transferred to the court, and the copies of this document presented by each of the disputing parties are not identical, and it is impossible to establish the true content of the document using other evidence.

Article 74. Written Evidence#

Written evidence shall be deemed acts, contracts, certificates, business correspondence, other documents and materials, including those obtained by facsimile, electronic or other communication or in another way that allows you to establish the reliability of document, which contain information about the circumstances important for the case.

Written evidence shall be presented in the original or in a duly certified copy. If only part of the document is relevant to the case under consideration, a certified extract from it may be submitted.

Original documents shall be submitted when the circumstances of the case are subject to confirmation only by such documents, according to the legislation, as well as in other necessary cases at the request of the court.

Written evidence submitted to the court and drawn up in whole or in part in a foreign language, shall be accompanied by their duly certified translations.

A document received in a foreign state shall be recognized in court as written evidence if it is legalized in the manner prescribed by legislation.

A document received in a foreign state shall be recognized in court as written evidence without its legalization in cases stipulated by an international treaty of the Republic of Uzbekistan.

Article 75. Return of Original Documents#

Original documents considered in the case, can be returned to the persons who presented them at their request, after the entry into force of the court decision or before that, during the proceedings on the case, if the court comes to the conclusion that the return will not prejudice the correct resolution of the dispute. Simultaneously with the petition, the said persons shall submit a duly certified copy of the original document or shall file a petition for the court to certify the fidelity of the copy remaining in the case.

Article 75¹. Electronic Data#

Electronic data refers to information that is created, processed, and stored using electronic devices, information systems, and information technologies.

Parties to the case, witnesses, and other persons are entitled to submit electronic data by copying it from one electronic medium to another that contains the same electronic data.

The court shall accept the submitted electronic data with the participation of a specialist and inspect the primary electronic medium that contains such data.

Electronic media containing data that is not relevant to the case shall be returned to their owners immediately.

Article 75². Digital Evidence#

Digital evidence refers to electronic data that contains information about circumstances relevant to the case, including electronic files, audio and video recordings, information stored on the Internet, and other forms of electronic data.

Copies may be made of digital evidence, provided its integrity and exact duplication are preserved.

The possibility of making a copy of digital evidence must be ensured by the availability of the original from which the copy is made, except for digital evidence certified by a notary. Parties to the case, witnesses, and other persons have the right to submit printed versions of digital evidence. However, the paper version of the digital evidence may not be considered written evidence, except for digital evidence certified by a notary.

Audio and video recordings created in electronic form and attached to procedural records during the court process are also considered digital evidence.

Copies of digital evidence shall be kept together with the case materials.

Article 76. Material Evidence#

Material evidence shall be deemed objects that, by their appearance, internal properties and content, their location or other signs, can serve as a means of establishing circumstances relevant to the case.

Article 77. Storage of Material Evidence#

Material evidence shall be stored in court.

Material evidence that cannot be brought to court shall be stored at the place of their location. They must be described in detail, and, if necessary, sealed, photographed or videotaped.

The court and the custodian of material evidence shall take measures to preserve them unchanged.

The expenses for the storage of material evidence shall be distributed between the parties in accordance with the rules established by Article 115 of this Code.

Article 78. Return of Material Evidence#

After the court decision comes into legal force, material evidence shall be returned to the persons from whom it was received, or transferred to the persons for whom the court has recognized the right to these items, or shall be disposed in a different manner determined by the court.

In some cases, material evidence, after being inspected and examined by the court, may be returned in the course of the proceedings to the persons from whom they were obtained, if the latter apply for this and the satisfaction of such a request does not prejudice the correct resolution of the dispute.

The court shall issue a determination on the return of material evidence.

Items that, according to the law, cannot be in the possession of individuals, shall be transferred to the relevant organizations.

Article 79. Expertise#

In order to clarify the issues arising during the consideration of the case, requiring special knowledge in the field of science, technology, art or craft, the court shall appoint an expert examination at the request of the person participating in the case, or with the consent of the persons participating in the case. In the event that the appointment of an examination is prescribed by law or provided for by an agreement, or it is necessary to verify an application for falsification of the evidence presented, or an additional examination is required, the court may appoint an examination on its own initiative.

The scope and content of the questions on which the examination should be carried out shall be determined by the court. The persons participating in the case shall have the right to submit questions to the court that must be clarified during the examination. The court shall be obliged to motivate the rejection of the questions presented by the persons participating in the case.

The persons participating in the case shall have the right: to apply for the involvement of the persons indicated by them as experts or to conduct an examination in a specific expert institution, to declare a recusal to the expert; to apply for inclusion in the court determination on the appointment of an expert examination of additional questions posed to the expert; give explanations to an expert; to get acquainted with the expert's opinion or a message about the impossibility to give an opinion; to apply for an additional or repeated examination.

A determination shall be issued on the appointment of an expert examination or on the refusal to satisfy the application for the appointment of an expert examination.

The determination on the appointment of an examination shall indicate: the grounds for the appointment of an examination; surname, name and patronymic of the expert or the name of the expert institution in which the examination is to be carried out; questions posed to the expert; materials and documents made available to the expert; the time limit during which the examination must be carried out and the conclusion submitted to the court.

If a party avoids participating in the examination, fails to provide the experts with the necessary materials and documents for research, and in other cases, if due to the circumstances of the case and without the participation of this party, the examination cannot be carried out, the court, depending on which party evades the examination, and also which it matters, shall have the right to recognize the fact, for the clarification of which the examination was appointed, as established or refuted.

A lawyer, with the consent of the principal, may send a lawyer's request to state forensic expert institutions and non-state forensic expert organizations to conduct an examination on a contractual basis.

Article 80. Procedure for Conducting Examination#

An examination shall be carried out in a court session or outside a court session, if it is necessary due to the nature of the study or if it is impossible to deliver the objects of research to the court session. The persons participating in the case shall have the right to be present during the examination, except for cases when such presence can interfere with the normal work of the expert.

Article 81. Additional and Repeated Expert Examinations#

Additional expert examinations shall be appointed to fill the gaps in the conclusion of an expert (expert commission) and shall be carried out by the same or another expert (expert commission).

A repeated examination shall be appointed when the conclusion of an expert (commission of experts) is unreasonable or its correctness raises doubts, or the evidence on which it is based is recognized as unreliable, or the procedural rules of the examination have been substantially violated.

When appointing a repeated examination, an expert (commission of experts) may be asked about the scientific validity of previously applied research methods.

The determination on the appointment of a repeated examination must contain the reasons for the disagreement of the court that ordered the repeated examination with the conclusion of the first (previous) examination.

The repeated examination shall be entrusted to another expert (expert commission). The expert (expert commission) who performed the first (previous) examination may be present during the re-examination and give explanations, but does not participate in the study and drawing up a conclusion.

Article 82. Conduct of Expert Examination by Commission of Experts#

An expert examination may be carried out by several experts of one (commission expert examination) or different forensic expert specialties (complex expert examination).

The conduct of an expert examination by a commission of experts shall be determined by the court that appointed the examination, or the head of the state forensic expert institution, non-governmental forensic expert organization or other enterprise, institution, organization organizing the production of this examination.

The expert commission, which is entrusted with the conduct of the examination, shall agree on the goals, sequence and scope of the upcoming studies based on the need to resolve the questions put before it.

Each expert shall independently and autonomously conduct research, evaluate the results obtained by him personally and other members of the commission and draw conclusions on the questions posed within the limits of his special knowledge as a member of a commission of experts, which is entrusted with the conduct of an examination.

Conduct of research in whole or in part by persons who are not included in the composition of the expert commission shall not be allowed.

Article 83. Commission Expert Examination#

When carrying out a commission expert examination, each of the experts shall conduct research in full and they jointly analyze the results. Having come to a common opinion, the experts shall draw up and sign a joint opinion or an act on the impossibility of giving an opinion.

In the event of a disagreement between the experts, each of them shall give a separate opinion on all or some of the issues that caused the disagreement.

Article 84. Comprehensive Expert Examination#

A comprehensive expert examination shall be appointed in cases where the establishment of circumstances relevant to the case is possible only by conducting several studies with using different branches of special knowledge.

When carrying out a comprehensive examination, each of the experts shall conduct research within his competence. The conclusion of the comprehensive expert examination shall indicate what research and to what extent each of the experts conducted, what facts he personally established and what conclusions he came to. Each of the experts shall sign that part of the opinion, which contains his studies, and he shall be responsible for it.

The general conclusion (conclusions) shall be made by experts competent in assessing the results obtained and formulating this conclusion (conclusions). If the basis for the final conclusion of the commission of experts or its part are the facts established by one of the experts (individual experts), then this should be indicated in the conclusion.

In the event of a disagreement between the experts, each of them shall give a separate opinion on all or some of the issues that caused the disagreement.

If the production of a comprehensive experts 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.

Article 85. Conclusion of Expert or Commission of Experts#

After carrying out studies, an expert or a commission of experts shall draw up a conclusion, which is certified by the signature of an expert or each expert, who is a member of the commission of experts, respectively.

The conclusion should reflect: the date and place of the examination; the basis for the examination; information about the court that ordered the examination; information about the expert (surname, first name, patronymic, education, specialty, work experience, academic degree, academic title, position held) and the organization that is entrusted with the examination; warning an expert about criminal liability for giving a knowingly false opinion; questions posed to the expert; objects of research and case materials presented to the expert; information about the persons who were present during the examination; the content and results of research with an indication of the methods used, as well as by whom these studies were carried out, if a commission of experts worked; evaluation of research results; reasoned answers to the questions posed; circumstances relevant to the case and established on the initiative of the expert.

Materials illustrating the conclusion and its results shall be attached to this conclusion and serve as its integral part. 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 shall be presented for attachment to the case.

The conclusion must contain a justification for refusing to answer some of the questions posed if the insufficiency of the presented objects of research, materials or special knowledge of the expert is revealed in the course of the research.

Upon completion of the study, the conclusion, the objects of the study and the materials of the case shall be sent to the court that appointed the expert examination.

The conclusion shall be examined in the court session and evaluated along with other evidence.

Article 86. Consultation (Explanation) of Specialist#

A specialist shall provide the court with consultation (explanation) orally or in writing.

The consultation (explanation) of a specialist, given in writing, shall be read out, examined in the court session and attached to the case. Oral consultation (explanation) shall be recorded directly in the minutes of the court session (procedural action).

In order to clarify and supplement the consultation (explanation), the specialist may be asked questions.

Article 87. Testimony of Witness#

At the request (petition) of a person participating in the case, the court may summon a witness to testify at the court session.

A person requesting to summon a witness shall be obliged to indicate which circumstances relevant to the case can be confirmed by the witness and to inform the court of his last name, first name, patronymic and place of residence.

A witness shall provide the court with information and circumstances known to him in the case orally. Upon the proposal of the court, the witness may state his testimony in writing.

The information provided by the witness shall not be deemed evidence if he cannot indicate the source of his knowledge.

Article 88. Explanations of Persons Participating in the Case#

The explanations of the persons participating in the case about the circumstances known to them that are important for the case shall be subject to verification and assessment along with other evidence. At the proposal of the court, the person participating in the case may state his explanations in writing.

The recognition by the person participating in the case of the facts on which the other person bases his claims or objections, shall not be obligatory for the court.

The court may consider a recognized fact as established if it has no doubts that the recognition corresponds to the circumstances of the case and was not made under the influence of deception, violence, threat, delusion or with the aim of concealing the truth.

Article 89. Securing Evidence#

Persons who have reason to believe that the submission of the necessary evidence will become impossible or difficult may petition the court that has accepted the case for its consideration to secure this evidence.

The application for securing evidence must indicate the evidence that must be secured, the circumstances for the confirmation of which this evidence is needed, the reasons that prompted the applicant to apply for securing it.

The issue of securing evidence shall be resolved in accordance with the procedure provided for in Article 95 of this Code.

Article 90. Court Orders#

The court considering the case, in the event it is necessary to obtain evidence in the territory of another district or city, shall have the right to instruct the relevant court to carry out certain procedural actions.

The determination on the letter of order shall summarize the essence of the case under consideration, indicate the circumstances to be clarified, the evidence that must be collected by the court carrying out the order.

The determination on the letter of order shall be mandatory for the court to which the order was sent, and must be completed within fifteen days from the date of receipt of the determination.

Article 91. Procedure of Execution of the Letter of Order#

The letter of order shall be carried out in a court session according to the rules established by this Code. The persons participating in the case shall be notified of the time and place of the court session. However, their failure to appear in court shall not be an obstacle to the holding of the court session.

A determination shall be issued on the execution of the letter of order, which, with all the materials, shall be immediately sent to the court considering the case.

Persons participating in the case, witnesses who have given explanations or testimonies to the court executing the letter of order, in the event of their participation in the session of the court considering the case, shall give explanations and testimonies in the general manner.

Chapter 8. Measures of Preliminary Protection in Administrative Proceedings#

Article 92. Grounds for Adoption of Measures of Preliminary Protection#

At the request of a person participating in the case, or on its own initiative, the court may take preliminary protection measures if:

1) before the adoption of a judicial act, which ends the consideration of an administrative case, there is a clear risk of violation of the rights, freedoms and legitimate interests of the applicant or the person in whose interests the application is filed;

2) the protection of the rights, freedoms and legitimate interests of the applicant will be impossible or difficult without taking such measures.

When considering a claim for compensation for damages caused to a citizen or legal entity as a result of decisions, actions (inaction) of an administrative body, a self-government body of citizens and their officials that do not comply with the law and violate the rights and legally protected interests of citizens or legal entities, the court, upon application of the applicant, is obliged to take preliminary protection measures.

The adoption of preliminary protection measures is allowed at any stage of administrative proceedings.

Article 93. Measures of Preliminary Protection#

Measures of preliminary protection may be:

1) prohibition of the defendant to perform certain actions;

2) prohibition of other persons to perform certain actions concerning the subject of the dispute;

3) suspension of the sale of property;

4) suspension of the execution of the contested act of the administrative body, self-government body of citizens in whole or in part.

5) seizure of property or funds of the defendant.

Several measures of preliminary protection can be taken simultaneously by the court.

The preliminary protection measures must be compatible with the stated claim.

Article 94. Application for the Adoption of Measures of Preliminary Protection#

An application for the adoption of measures of preliminary protection may be submitted to the court simultaneously with the application (complaint) or in the course of proceedings on the case.

An application for the adoption of measures of preliminary protection must indicate:

1) the name of the court to which the application is submitted;

2) the names (surname, name and patronymic) of the parties, their location (postal address) or residence;

3) the subject of the claim;

4) justification of the need to adopt a preliminary protection measure;

5) the type of preliminary protection measure that the applicant asks to adopt;

6) a list of the attached documents.

Other information may be indicated in the application.

The application for the adoption of measures of preliminary protection shall be signed by the applicant or his representative.

A power of attorney or other document confirming his authority to sign the application shall be attached to the application signed by the representative.

A request for preliminary protection measures can be set out in a statement (complaint).

In the event that an application for the adoption of measures of preliminary protection is set out in a statement (complaint), it must contain the information provided for in paragraphs 4 and 5 of part two of this Article.

Article 95. Consideration of an Application for Adoption of Measures of Preliminary Protection#

An application for adoption of measures of preliminary protection, set out with an application (complaint), shall be considered by the court simultaneously with the resolution of the issue of accepting the application (complaint) for proceedings and initiating a case, without notifying the persons participating in the case.

If an application for the adoption of measures of preliminary protection is filed during a court session, it must be considered at the same session.

If an application for the adoption of measures of preliminary protection is filed in the course of the proceedings, it shall be considered no later than the next day after its receipt.

Based on the results of consideration of the application for the adoption of measures of preliminary protection, a determination shall be issued, a copy of which shall be sent to the persons participating in the case.

The determination on the adoption of measures of preliminary protection or refusal to take measures of preliminary protection may be appealed (protested). Filing a complaint (protest) shall not suspend the execution of the determination.

Article 96. Replacement of one Type of Preliminary Protection with Another#

Replacement of one type of preliminary protection with another shall be allowed.

Replacement of the type of measures of preliminary protection can be made at the request of the person participating in the case, by the court considering the case.

The issue of replacement of the type of preliminary protection measures shall be resolved at a court session. The persons participating in the case shall be notified of the time and place of the court session in the manner prescribed by Article 124 of this Code. However, their failure to appear shall not be an obstacle to considering the issue of replacement of the type of preliminary protection measures.

Based on the results of considering the issue of replacement of the type of preliminary protection measures, a determination shall be issued.

The determination to replace or refuse to replace the type of preliminary protection measures may be appealed (protested).

Filing a complaint (lodging a protest) shall not suspend the execution of the determination.

Article 97. Execution of the Determination on the Adoption of Measures of Preliminary Protection#

The determination on the adoption of measures of preliminary protection shall be executed immediately in accordance with the procedure established for the execution of judicial acts.

For failure to comply with the determination on the adoption of measures of preliminary protection, a person who is imposed by the court to carry out the measures adopted shall be subject to a court fine in the manner prescribed by this Code.

Article 98. Cancellation of Measures of Preliminary Protection#

Measures of preliminary protection may be canceled by the court considering the case at the request of the person participating in the case.

The issue of cancellation of measures of preliminary protection shall be resolved in a court session. The persons participating in the case shall be notified of the time and place of the session, in the manner prescribed by Article 124 of this Code. However, their failure to appear shall not be an obstacle to considering the issue of canceling preliminary protection measures.

Based on the results of considering the issue of canceling the measures of preliminary protection, a determination shall be issued.

A copy of the determination shall be sent to the persons participating in the case no later than the next day after the day of its issuance.

If the application (complaint) is satisfied, the measures of preliminary protection shall remain in effect until the actual execution of the judicial act.

In cases of refusal to satisfy the application (complaint), dismissing the application (complaint), termination of the proceedings, the preliminary protection measures shall remain in effect until the relevant judicial act enters into legal force. However, the court may, simultaneously with the adoption of these acts or after their adoption, issue a determination on the cancellation of measures of preliminary protection.

The determination on the cancellation of measures of preliminary protection can be appealed (protested).

Chapter 9. Suspension of Proceedings on a Case#

Article 99. Obligation of the Court to Suspend Proceedings on a Case#

The court shall be obliged to suspend proceedings on a case in the following cases:

1) where it is impossible to consider this case until a decision is made on another case or issue considered by the Constitutional Court of the Republic of Uzbekistan, by a civil court , by a criminal court, an administrative court or an economic court, as well as on which investigative actions are carried out;

2) death of a citizen who is a person participating in the case, if the disputed legal relationship allows for legal succession;

3) incapacitation of a citizen who is a person participating in the case.

Article 100. Right of the Court to Suspend the Proceedings on the Case#

The court shall have the right to suspend the proceedings on the case in the following cases:

1) court has appointed an expert examination;

2) reorganization of a legal entity that is a person participating in the case;

3) involving a citizen, who is an applicant, to fulfill a state obligation.

Article 101. Time Limits for Suspension of Proceedings on a Case#

Proceedings on a case shall be suspended in the cases provided for:

1) paragraph 1 of Article 99 of this Code — until the entry into force of a judicial act of the relevant court or until the completion of investigative actions;

2) paragraphs 2 and 3 of Article 99 and paragraph 2 of Article 100 of this Code — until the determination of the legal successor of the person participating in the case, the appointment of a representative to the incapacitated person, before the state registration of the newly formed legal entity;

3) paragraph 1 of Article 100 of this Code — until the court receives the expert conclusion;

4) paragraph 3 of Article 100 of this Code — until the elimination of the circumstance that served as the basis for the suspension of the proceedings.

Article 102. Legal Consequences of Suspension of Proceedings on a Case#

When the proceedings on a case are suspended, the time limits established by this Code or other laws or appointed by the court shall be suspended.

Until the resumption of the proceedings, the court shall not be entitled to perform any procedural actions, with the exception of actions aimed at adoption of measures of preliminary protection and securing evidence.

Article 103. Resumption of Proceedings on a Case#

Proceedings on a case shall be resumed after the elimination of the circumstances that caused its suspension.

Article 104. Procedure for Suspension and Resumption of Proceedings on a Case#

On the suspension of proceedings on a case, its resumption or on refusal to resume, the court shall issue a determination.

A copy of the determination shall be sent to the persons participating in the case.

The determination of the court on the suspension of the proceedings on the case, on the refusal to resume the proceedings on the case may be appealed (protested).

Chapter 10. Dismissing an Application (Complaint)#

Article 105. Grounds for Dismissing an Application (Complaint)#

The court shall dismiss the application (complaint) if:

1) in the proceedings of a civil court, an administrative court there is a case on a dispute between the same persons about the same subject and on the same grounds;

2) application (complaint) is not 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;

3) applicant did not appear at the first session of the court and did not declare about the consideration of the case without his participation;

4) applicant, in whose interests the claim was made by the prosecutor, state body and other person, refused the declared claim.

5) the application (complaint) was filed by a person declared incompetent by the court.

Article 106. Procedure for Dismissing an Application (Complaint)#

The court shall issue a determination on dismissing an application (complaint).

In the determination of the court, issues about the distribution of court costs between the persons participating in the case, about the return of the state duty from the budget may be resolved.

A copy of the determination shall be sent to the persons participating in the case.

The determination to dismiss the application (complaint) may be appealed (protested).

Article 107. Consequences of Dismissing an Application (Complaint)#

After elimination of the circumstances that served as the basis for dismissing the application (complaint), the applicant shall have the right to apply to the court again with an application (complaint) in a general manner.

Chapter 11. Termination of Proceedings in a Case#

Article 108. Grounds for Termination of Proceedings in a Case#

A court shall terminate proceedings in a case if:

1) the case is not within the jurisdiction of the administrative court, civil court or economic court;

2) there is a court decision that has entered into legal force on a dispute between the same persons, on the same subject and on the same grounds;

3) the legal entity which is the applicant has been liquidated;

4) after the death of a citizen who is a party to the case, the disputed legal relationship does not allow legal succession;

5) the applicant refused the claim and the refusal was accepted by the court;

6) when considering an application (complaint) about the refusal of state registration or evasion of it, it is established that a dispute has arisen about the right;

7) collected materials are insufficient to restore the lost judicial or enforcement proceedings.

8) a settlement agreement has been concluded and it is approved by the court.

Article 109. Procedure and Consequences of Termination of Proceedings#

A court shall issue a determination on the termination of proceedings in a case.

In the determination, the court shall indicate the grounds for terminating the proceedings on the case, as well as the distribution of court costs between the parties and shall resolve issues on the return of the state duty from the budget in cases provided for by legislation.

A copy of the determination shall be sent to the persons participating in the case.

The determination of the court on the termination of the proceedings on the case may be appealed (protested).

In the event of termination of the proceedings on the case, repeated appeal to the court with regard to a dispute between the same persons, about the same subject and on the same grounds shall not be allowed.

Chapter 12. Court Expenses#

Article 110. Types of Court Expenses#

Court expenses shall consist of state fee and court costs associated with the consideration of the case.

Article 111. State Fee#

The grounds, amount and procedure for the payment of the state fee, the procedure for submitting a deferral or payment by installments, exemption from payment, and the procedure for returning the state fee shall be established by law.

Article 112. Return of the State Fee#

State duty shall be subject to return in the cases established by legislation.

The judicial act shall specify the circumstances that are the basis for the full or partial return of the state fee.

State duty paid for applications (complaints) that have not been submitted to the court or have been returned by the court, as well as for appellate, cassation, and supervisory complaints, and for court documents providing for full or partial refund of the duty, shall be refunded on the basis of a certificate issued by the court.

Article 113. Court Costs#

Court costs shall consist of the postage expenditures associated with the sending of court notices and court acts, the amounts to be paid for the expert examination appointed by the court, the summoning of the witness, the examination of evidence on the spot, the costs associated with holding the court session via videoconferencing, as well as other costs related to the consideration of the case.

The amount of postage 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 submitted the application (complaint).

Expenses related to holding the court session in videoconferencing mode, shall be determined by the court and recovered from the persons participating in the case, based on the results of the consideration of the case in accordance with Article 115 of this Code.

Article 114. Payment of Sums Due to Experts, Specialists, Witnesses and Translators#

Experts, specialists, witnesses and translators shall be reimbursed the expenses incurred by them for their appearance in court, associated with travel, renting premises, and per diems shall be paid.

Experts, specialists and translators shall receive remuneration for work performed by them by court order, if this work is not part of their official duties.

The person participating in the case, who has filed the corresponding petition, shall deposit into the deposit account of the court the sums to be paid to experts, specialists, translators and witnesses in advance. If the petition comes from both parties, the required amounts shall be deposited by them in equal parts. If the expert examination is ordered on the initiative of the court, the amount shall be payable to the expert by the court from the deposit account. These amounts shall be recovered from the persons participating in the case, in accordance with Article 115 of this Code, and credited to the court's deposit account. The sums due to experts, specialists, witnesses, translators shall be paid by the court upon the performance of their duties.

The procedure for payment and the size of the amounts to be paid shall be established by legislation.

Article 115. Distribution of Court Costs#

Court costs shall be attributed to the persons participating in the case in proportion to the amount of the satisfied claims.

Court costs shall be attributed to the persons participating in the case in proportion to the amount of the satisfied claims.

The state fee, from which the applicant was exempted in accordance with the established procedure, shall be collected from the defendant to the income of the republican budget in proportion to the size of the satisfied requirements, if the defendant is not exempted from paying the fee.

If the defendant voluntarily satisfies the applicant's claims after the latter applies to the court, the court costs shall be borne by the defendant.

In case of refusal to satisfy or partial satisfaction of claims declared by state bodies and other persons exempted from payment of the state fee in the interests of legal entities and citizens, the state fee shall be collected from the persons in whose interests the claim is declared, in proportion to the unsatisfied part of the declared claims.

If the parties to the case agree on the distribution of court costs, the court shall adopt a decision in accordance with this agreement.

Court expenses incurred by persons participating in the case in connection with the filing of an appeal, cassation, or supervisory complaint shall be distributed in accordance with the rules set forth in this article.

Chapter 13. Procedural Time Limits#

Article 116. Establishment and Calculation of Procedural Time Limits#

Procedural actions shall be performed within the time limits established by this Code or other laws, and in cases where procedural time limits have not been established, they are appointed by the court.

The time limit for the performance of procedural actions shall be determined by a calendar date, with an indication of an event that must necessarily occur, or a period of time during which the action can be performed.

Procedural time limits shall be calculated in years, months and days.

The course of the procedural period, calculated in years, months or days, begins on the next day after the calendar date or the occurrence of the event that determined its beginning.

Article 117. End of Procedural Time Limits#

A procedural time limit, calculated in years, shall expire in the corresponding month and day of the last year of the established time limit.

A procedural time limit, calculated in months, shall expire on the corresponding date of the last month of the established time limit.

If the end of the procedural time limit, calculated in months, falls on a month that does not have a corresponding date, then the time limit shall expire on the last day of this month.

The procedural time limit, calculated in days, shall expire on the last day of the established time limit.

In cases where the last day of the procedural time limit falls on a non-working day, the first working day following it shall be considered the day of the end of the time limit.

The procedural action can be performed before twenty four oʼclock of the last day of the established time limit.

If the application (complaint) and other documents were submitted by mail, sent in the form of an electronic document, transferred to the appropriate body, or to a person authorized to accept them before twenty four oʼclock on the last day of the procedural time limit, the deadline shall be not considered to be missed.

If the procedural action must be performed directly in a court or other organization, the time limit shall expire at the hour when the working day ends in this court or this organization or the corresponding operations are terminated.

Article 118. Consequences of Missing Procedural Time Limits#

Persons participating in the case shall lose the right to perform procedural actions with the expiration of the procedural time limits established by this Code and other laws, or a time limit appointed by the court. The expiration of the procedural time limits in this case shall not relieve the specified persons from the performance of the duties assigned to them.

Applications, complaints and other documents filed after the expiration of the procedural time limits, shall be returned to the persons who submitted them if there is no request to restore the missed time limits or the request is refused.

Article 119. Suspension of Procedural Time Limits#

With the suspension of proceedings on a case, the course of all unexpired procedural time limits shall be suspended. From the day of the resumption of the proceedings on the case, the course of procedural time limits shall continue.

Article 120. Restoration of Missed Procedural Time Limits#

At the application of the person participating in the case, the court shall have the right to restore the missed procedural time limits established by this Code and other laws, if it recognizes the reasons for missing as respectful.

A determination shall be issued on the restoration or refusal to restore the missed procedural time limit.

A ruling on the restoration of a procedural time limit or on the refusal to restore it may be appealed (or protested).

Article 121. Extension of the Procedural Time Limits Appointed by the Court#

The procedural time limit appointed by the court may be extended by the same court at the request of the person participating in the case.

A determination shall be issued on the extension or refusal to extend the procedural time limit.

Chapter 14. Judicial Fines#

Article 122. Imposition of Judicial Fines#

Judicial fines shall be imposed by the court in the cases provided for by this Code.

The amount of a judicial fine imposed by a court cannot exceed five basic calculated amounts, except for the cases provided for in part three of this article.

In case of failure to comply with a judicial act by administrative bodies, self-government bodies of citizens and other bodies, as well as organizations, a court fine of up to five basic calculation amounts is imposed on their officials. In case of repeated failure to comply with a judicial act, a court fine is imposed in ten times the amount of the originally imposed fine.

In case of non-fulfillment of the court's ruling on approval of the settlement agreement, a judicial fine in the amount established by part three of this article is imposed.

Judicial fines imposed by the court on officials of state bodies, self-government bodies of citizens and other bodies, as well as organizations, shall be recovered from their personal funds.

Judicial fines shall be levied in the revenue of the republican budget.

Article 123. Procedure for Considering the Issue of Imposing a Court Fine#

An issue of imposing a court fine on a person present at a court session shall be resolved in the same court session.

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 124 of this Code. However, the failure of the properly notified person to appear shall not be an obstacle to considering the issue of imposing a court fine.

Based on the results of considering the issue of imposing a court fine, a determination shall be issued.

A copy of the determination on the imposition of a court fine shall be sent to the person who was fined.

The determination on the imposition of a fine may be appealed (protested).

Filing a complaint (protest) against a determination on the imposition of a court fine shall not suspend the execution of the determination.

Chapter 15. Court Notices and Summons#

Article 124. Procedure for Sending Court Notices and Summons#

Persons participating in the case shall be notified of the time and place of the court proceedings by a court determination, which shall be sent by registered mail with acknowledgment of receipt or handed over to them against receipt, or notified using means of communication, ensuring the fixation of the fact of the notification. Other participants in administrative proceedings shall be notified and summoned to court by a court determination, and, if necessary, by summons, telegrams, faxes, teletypes and other means of communication.

Court notices and summons shall be attached to the case file.

Article 125. Appropriate Notification#

A participant in administrative proceedings shall be deemed to have been duly notified if by the beginning of the court session the court has information about the receipt of a copy of the determination sent to him or about notifying him in another way provided for by this Code.

A participant in administrative proceedings shall be also deemed duly notified by the court if:

an addressee refused to receive a copy of the determination and this refusal was recorded;

a copy of the determination sent by the court to the last known location (postal address) of the legal entity, the place of residence of the citizen, was not delivered due to the absence of the addressee at the indicated address, about which the post office informed the court;

three days have elapsed from the day the court sent a copy of the determination by e-mail or using other means of communication that ensure the recording of the fact of the notification.

Article 126. Change of Address during Proceedings on an Administrative Case#

Persons participating in a case shall be obliged to inform the court of a change in their address during proceedings on a case. In the absence of such a message, a copy of the determination shall be sent to the last address known to the court and shall be considered delivered, even if the addressee no longer resides at this address or is not located.

If the persons participating in the case provided the court with telephone and fax numbers, e-mail addresses, they must inform the court of their change during the proceedings in writing, including in the form of an electronic document.

Chapter 15¹. Settlement agreement#

Article 126¹. Reconciliation of the parties#

The parties may settle the dispute in full or in part by concluding a settlement agreement at all stages of administrative proceedings and during the execution of a judicial act.

Reconciliation of the parties is carried out on the basis of the principles of voluntariness, cooperation and equality.

Reconciliation of the parties is allowed only if the defendant has administrative discretion (discretionary power).

Reconciliation of the parties can only concern their rights and obligations as subjects of controversial public legal relations and is possible if mutual concessions of the parties are admissible.

The settlement agreement is considered concluded after its approval by the court.

The conclusion of a settlement agreement is not allowed in cases provided for in paragraphs 1, 3, 4 and 5 of part one of Article 27 of this Code, as well as those providing for conditions that affect the rights and legitimate interests of third parties.

Article 126². The form and content of the settlement agreement#

The settlement agreement is concluded in writing and signed by the persons who concluded it.

The settlement agreement must meet the requirements of enforceability and contain provisions agreed upon by the parties on the conditions, procedure and deadlines for the fulfillment of obligations, as well as on the distribution of legal costs and other conditions that do not contradict the law.

The fulfillment of the obligations assumed by the parties under the terms of the settlement agreement cannot be made dependent on each other or on other events (actions).

A settlement agreement may also be concluded regarding the issue of the distribution of court costs.

If a settlement agreement is approved by the appellate, cassation, or relevant supervisory instance court, a ruling shall be issued, all previously adopted court decisions in the case shall be annulled by this ruling, and the proceedings shall be terminated. When considering the matter of approving the settlement agreement, the appellate, cassation, or relevant supervisory instance court shall not examine the legality and validity of the respective court decision.

The settlement agreement is drawn up and signed in a number of copies exceeding by one copy the number of persons who concluded it. One of these copies is attached to the case materials.

Article 126³. Consideration of the issue of approval of a settlement agreement#

The issue of approving a settlement agreement is considered at a court hearing by the court in which the case is being conducted, with the mandatory participation of the parties. The persons participating in the case shall be notified of the time and place of the court session in accordance with the procedure provided for in Article 124 of this Code.

In case of non-appearance at the court session of persons who have concluded a settlement agreement and are duly notified of the time and place of the court session, the issue of approving the settlement agreement is not considered by the court.

When considering the issue of approving a settlement agreement, the court examines the factual circumstances of the case, the arguments and evidence presented by the persons involved in the case, gives them an assessment to check whether the agreement complies with the requirements of the law, as well as the rights and legitimate interests of third parties.

On approval of the settlement agreement, the court issues a ruling indicating the termination of the proceedings in whole or in part.

In case of approval of the settlement agreement by the court of appeal, cassation instance, a ruling is issued, which cancels all judicial acts previously adopted in the case and stops the proceedings. When considering the issue of approving a settlement agreement by the court of appeal, cassation instance, the legality and validity of the relevant judicial act are not checked.

In the case of a settlement agreement at the stage of execution of a judicial act, it is submitted for approval to the court of first instance that reviewed the case.

The issue of approval of a settlement agreement concluded at the execution stage is considered within fifteen days from the date of its submission to the court according to the rules provided for in part one of this article.

The court has no right to approve the settlement agreement in part, to change or exclude from it any conditions agreed by the parties. The court has the right to propose to the parties to exclude from this agreement certain conditions that contradict the law or affect the rights and legitimate interests of others.

Article 126⁴. The court's ruling on the approval of the settlement agreement#

The court's ruling on the approval of a settlement agreement, except as provided for in Article 169 of this Code, must also contain:

1) terms of the settlement agreement;

2) conclusion on the approval of the settlement agreement;

3) distribution of court costs;

4) information about the termination of proceedings in the case.

In the ruling of the appellate, cassation, or supervisory instance court on the approval of the settlement agreement, in addition to the information specified in the first part of this article, there must be an instruction on the annulment of all previously adopted court decisions in the case.

The court's ruling on the approval of the settlement agreement concluded at the stage of execution of the judicial act must contain the terms of the settlement agreement and the conclusion on the approval of the settlement agreement, as well as the conditions that the judicial act is not subject to execution.

Judicial acts approving a settlement agreement may be appealed (protested).

The settlement agreement is executed by the persons who concluded it voluntarily in the manner and within the time limits provided for by this agreement.

A settlement agreement approved by the court, not executed voluntarily within the time limits provided for by this agreement, is subject to execution according to the rules provided for by this Code.

Article 126⁵. Refusal to approve a settlement agreement#

The court refuses to approve the settlement agreement if:

1) its terms contradict the law;

2) its terms affect the rights and legitimate interests of third parties;

3) its terms are not related to the subject of the dispute (case) under consideration;

4) there is no administrative discretion (discretionary authority) of the defendant;

5) it is concluded under the condition.

A ruling is issued regarding the refusal to approve the settlement agreement. In this case, the trial is carried out in accordance with the general procedure.

The ruling to refuse approval of the settlement agreement may be appealed (protested).

Chapter 16. Initiation of a Case#

Article 127. Grounds for Initiation of a Case#

The court shall initiate a case on the basis of applications (complaints) of:

1) interested persons;

2) a prosecutor;

3) state bodies and other persons in cases where, according to the law, they have the right to apply to the court in defense of the rights and legally protected interests of citizens and legal entities, society and the state.

Article 128. Form and Content of an Application (Complaint)#

An application (complaint) shall be submitted to the court in writing. It shall be signed by the applicant or his representative.

The application (complaint) must indicate:

1) the name of the court to which the application (complaint) is submitted;

2) the name (surname, name, patronymic) of the persons participating in the case, their location (postal addresses) or residence;

3) the circumstances on which the declared claims are based (if any);

4) evidence confirming the grounds for the declared claims;

5) claims of the applicant with reference to the legislation, and if a claim is made against several defendants, then the claims against each of them;

6) a list of attached documents.

An application (complaint) may contain telephone numbers, fax numbers, e-mail address of the applicant or his representative.

Other information shall be also indicated in the application (complaint), if they are necessary for the correct resolution of the dispute, as well as the petitions the applicant made.

The applicant shall have the right to combine in one application (complaint) several related claims, if these claims are under responsibility of the administrative court.

Article 129. Sending a Copy of the Application (Complaint) and Documents attached#

An applicant, when submitting the application (complaint), shall be obliged to send the defendant and third parties copies of the application (complaint) and the documents attached thereto that they do not have.

Article 130. Documents Attached to the Application (Complaint)#

The application (complaint) shall be accompanied by documents confirming:

1) payment of the state fee in the prescribed manner and in the amount provided by law for this category of cases;

1¹) payment of postage in the prescribed manner and in the amount;

2) sending a copy of the application to the defendant and third parties (complaints) and documents attached thereto;

3) circumstances on which the stated claims are based;

4) authority to sign the application (complaint) if it is signed by a representative.

Article 131. Procedure and Time Limits for Resolving the Issue of Accepting an Application (Complaint) for Proceedings#

Unless otherwise provided by this Code, the judge alone, no later than five days from the date of receipt of the application (complaint) to the court, resolves the issue of its acceptance for production, refusal to accept, return or transfer to another court under jurisdiction.

A ruling is issued on acceptance, refusal to accept an application (complaint) for production, return of an application (complaint) or transfer of an application (complaint) to another court under its jurisdiction, a copy of which is sent to the persons participating in the case no later than the next day from the date of its issuance.

Upon receipt of an application (complaint) or case materials from a civil court or an economic court under jurisdiction, the judge, having established that the application (complaint) does not meet the requirements specified in Articles 128, 129 and 130 of this Code, no later than five days from the date of receipt of the application (complaint) to the court, notifies the applicant of the need eliminate deficiencies and provide him with a period for this, which may not exceed ten days.

Article 132. Acceptance of an Application (Complaint) for Proceedings and Initiation of a Case#

A judge shall be obliged to accept for proceedings an application (complaint) submitted in compliance with the requirements provided for by this Code and initiate a case.

The judge shall have the right to accept for proceeding an application filed in violation of the requirements provided for in paragraphs 1 and 3 of Article 130 of this Code, and initiate a case if the statement of claim is accompanied by petitions for a deferral, payment by installments of the state fee or for the reclamation of evidence that the applicant lacks, and these petitions were satisfied.

The conclusion of the judge on the satisfaction of the petition for the acceptance for proceedings of the application filed in violation of the requirements provided for in paragraphs 1 and 3 of Article 130 of this Code must be motivated in the determination on the acceptance of the statement of claim for proceedings.

Article 133. Refusal to Accept an Application (Complaint) for Proceeding#

A judge shall refuse to accept an application (complaint) for proceeding if:

1) the case is not within the jurisdiction of the administrative court, civil court or economic court;

2) there is a decision or court ruling on the termination of proceedings in the case or a ruling on the approval of a settlement agreement that has entered into force in a dispute between the same persons, on the same subject and on the same grounds;

3) there is a case in the proceedings of the court on a dispute between the same persons, on the same subject and on the same grounds.

The determination on refusal to accept the application (complaint) may be appealed (protested).

In case of cancellation of the determination, the application (complaint) shall be deemed to have been submitted on the day of the initial appeal to the court.

Article 134. Return of the Application (Complaint)#

Judge shall return the application (complaint) and the documents attached to it, if:

1) form and content of the application (complaint) established in Article 128 of this Code are not observed;

1¹) the applicant did not comply with the judge's instruction provided for in part three of Article 131 of this Code within the prescribed period;

2) several related claims have been combined, some of which are subordinate to the administrative court, and others — to the civil court or the economic court;

3) application (complaint) is not 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;

4) case is outside the jurisdiction of the given court;

5) evidence of sending a copy of the application (complaint) and the documents attached to it to the defendant and third parties has not been provided;

6) documents confirming the payment of the state fee and postage in the prescribed manner and in the amount have not been submitted, and in cases where the law provides for the possibility of deferral payment, payment by installments of the state fee, there is no petition for this or the petitions is rejected;

7) in one application (complaint) several claims are connected to one or more defendants, when these claims are not related to each other;

8) prior to the issuance of a determination on the acceptance of the application (complaint) for proceedings, an application was received from the applicant for the return of the application (complaint).

9) the application (complaint) was filed by a person declared incompetent by the court.

The determination on the return of the application (complaint) may be appealed (protested).

In case of cancellation of the determination, the application (complaint) shall be deemed to have been submitted on the day of the initial appeal to the court.

The return of the application (complaint) shall not prevent it from being re-applied to the court in a general manner after the elimination of the violations.

Article 135. Response to an Application (Complaint)#

A person participating in the case shall have the right to send a response to the application (complaint) to the court with the attachment of documents confirming objections to the stated claim, within a time limit ensuring receipt of the response by the day of the consideration of the case, and proof of sending to other persons participating in the case, copies of the response and documents that they do not have.

In the response to the application (complaint), the location (postal address) and place of residence, telephone and fax numbers, e-mail address (if any) of the person participating in the case or his representative shall be indicated.

The response to the application (complaint) shall be signed by the person participating in the case, or his representative. A power of attorney shall be attached to the response signed by the representative, confirming his authority to conduct the case.

Article 136. Changing the Basis or Subject of the Application (Complaint), Refusal of the Application (Complaint)#

In the course of considering the case in the court of first instance, before the adoption of the judicial act, which ends the consideration of the case on the merits, the applicant shall have the right to change the basis or subject of the application (complaint).

When considering a case in a court of any instance, before the adoption of a judicial act, which ends the consideration of the case in a court of the appropriate instance, the applicant shall have right to refuse the application (complaint) in whole or in part.

The court shall not accept a simultaneous change in the basis and subject of the application (complaint). The court shall also not accept the refusal of the application (complaint) if it contradicts the legislation or violates the rights and legally protected interests of other persons. In these cases, the court shall consider the case on the merits.

A determination shall be issued on acceptance or refusal to accept changes in the basis or subject of the application (complaint), full or partial refusal of the applicant from the application (complaint).

Article 137. Consolidation of Cases into one Proceeding#

The court of first instance shall have the right to consolidate several similar cases, in which the same persons are involved, into one proceeding.

Consolidation of cases shall be allowed until the adoption of a judicial act, which ends the consideration of the case. When joining cases, the period for considering the case on them shall be established with regard to the case appointed later.

A determination shall be issued on the joining of cases into one proceeding.

Article 138. Separation of a Part of Claims in a Separate Proceeding#

The court shall have the right to separate one or several combined claims into a separate proceeding, if it finds it expedient to consider the claims separately.

The separation of part of the claims into separate proceedings shall be allowed before the adoption of the judicial act, which ends the consideration of the case, or simultaneously with its adoption.

A determination shall be issued on the separation of part of the claims into a separate proceeding.

The time limit for considering a case on a separate claim shall be calculated from the day the determination is issued.

Chapter 17. Preparation of a Case for Trial#

Article 139. Determination on Preparation of a Case for Trial#

The judge shall issue a determination on the preparation of the case for trial, which specifies the actions to be performed by him and the persons participating in the case, the time limits during which these actions must be performed, the time and place of the trial.

The actions of the judge to prepare the case for trial can be set forth in the determination on the acceptance of the application (complaint) for the proceedings and initiation of the case.

Article 140. Actions of a Judge on Preparation of a Case for Trial#

Upon preparation of a case for trial, a judge, no later than five days from the date of receipt of an application (complaint), shall take the following actions:

1) consider the issue of involving another defendant or a third person in the case;

2) notify interested persons about the proceedings on the case;

3) notify the persons participating in the case of their right to participate in the court session via videoconference;

4) invites the persons participating in the case, other organizations, their officials to perform certain actions, including submitting documents and information relevant for resolving the dispute;

5) summon witnesses;

6) consider the issue of appointing an expert examination;

7) assists the parties in obtaining the necessary evidence, requests them at the request of the parties;

8) at the request of the parties, resolve issues on the adoption of measures of preliminary protection and securing the evidence;

9) considers issues on the entry into the case of other persons, the consolidation of cases into one proceeding or the separation of the declared claims into a separate proceeding, the holding of an exit court session.

10) explains to the persons participating in the case their procedural rights and obligations;

11) takes measures to reconcile the parties.

The judge shall take also other actions aimed at ensuring the correct and timely resolution of the dispute.

Chapter 18. Trial#

Article 141. Time Limits of Trial#

Unless otherwise provided by this Code, the trial must be completed within a time limit not exceeding one month from the date of the determination on the preparation of the case for trial.

In exceptional cases, the time limit of the trial may be extended by the chair of the court, but for no more than one month.

Article 142. Time Limit and Procedure for Considering Complaints against Actions (Decisions) of Election Commissions#

A complaint against actions (decisions) of an election commission must be considered by a court no later than three days from the date of its submission, and if less than six days are left before election day, immediately.

The complaint shall be considered by the court with the summons of the applicant and the representative of the relevant election commission, as well as the prosecutor, and in the case when the complaint concerns not the applicant, but another citizen, then this person. The absence of the indicated persons shall not be an obstacle to the consideration of the case.

The decision of the court shall be handed over to the relevant election commission and the applicant immediately after it has been issued.

Article 143. Court Session#

A trial of the case shall be carried out at the session of the court. The court session can be held in the videoconference mode.

At the initiative of the court or at the request of the participants in administrative proceedings, audio or video recording of the court session may be conducted.

The judge presiding at the session shall:

1) open the session of the court and announces which case is subject to consideration;

2) check the appearance of the participants in the administrative proceedings at the session, their powers, whether the persons who did not appear at the session were duly notified, and what information is available about the reasons for their failure to appear;

3) announce the composition of the court, announce who is participating as a prosecutor, expert, specialist, court secretary, translator and explain to the persons participating in the case their right to declare recusals;

4) remove witnesses who have appeared from the courtroom before the start of their interrogation;

5) explain to the participants in the trial their procedural rights and obligations;

6) warn the translator about criminal liability for knowingly incorrect translation, an expert for giving a knowingly false conclusion, a witness for giving knowingly false testimony;

7) determine the procedure for examining evidence;

8) lead the session, ensuring the clarification of the circumstances that are important for the case;

9) take measures to ensure proper order in the session.

Participants in administrative proceedings and those present in the courtroom shall have the right to make written notes, keep a transcript and sound recording. Photographing, video recording, as well as broadcasting of the court session on radio and television shall be allowed with the permission of the court considering the case.

Article 144. Participation in a Court Session via Video Conferencing#

Persons participating in the case and persons assisting in the administration of justice shall have the right to participate in the court session via videoconferencing.

The right of persons to participate in the court session via videoconferencing shall be indicated in the determination on the preparation of the case for the trial, which 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 they can participate in such a session.

In order to ensure the participation of the persons involved in the case in the court hearing via videoconferencing, the videoconferencing systems of the relevant courts at the place of residence, location, or stay of the specified persons, or the mobile videoconferencing system of the court examining the case, shall be used.

The court, assisting in the conduct of the court session in the mode of videoconferencing, shall ensure the sending of powers of attorney certifying the powers of representatives of the persons participating in the case and persons assisting in the administration of justice, as well as the evidence presented at the session, to the court considering the case.

The fact that witnesses, experts, specialists, and interpreters participating in the court hearing via videoconferencing were informed of their rights, obligations, and liability using the videoconferencing system shall be recorded through audio and video and indicated in the court hearing transcript.

The right of persons participating in the case and of persons assisting in the administration of justice to take part in a court hearing via videoconference may be exercised during court sessions of the first instance, appellate, cassation, and supervisory instance courts.

Article 145. Order in a Court Session#

Upon entrance of judges into the courtroom and when they are leaving the courtroom, all those present in the room shall stand up.

The participants in the trial shall address the court with the words: "Dear court!" They shall give their explanations and testimonies to the court, answers to questions while standing up. Deviation from this rule can be allowed only with the permission of the presiding judge.

The court session shall be held in conditions that ensure the normal operation of the court and the safety of the participants in the trial. The actions of the persons present in the courtroom and carrying out photography, video recording, broadcasting of the court session on radio and television with permission of the court, should not interfere with the order in the court session. These actions may be limited in time by the court.

In the event of a 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 said person may be removed from the courtroom by order of the presiding judge.

All persons in the courtroom shall listen to the decision of the court while standing up.

Article 146. Examination of Evidence#

During the court hearing, the court examines the evidence in the case: it hears the explanations of the parties involved, the testimonies of witnesses, the conclusions of experts, and the opinions (clarifications) of specialists; it reviews material, written, and digital evidence; inspects physical evidence; and reads aloud the written explanations, testimonies, and conclusions submitted in the case.

The reproduction of audio and video recordings shall be carried out in the courtroom or in another room specially equipped for this purpose. The fact of reproduction of audio and video recordings shall be reflected in the protocol of the court session.

Article 147. Resolution by the Court of Applications and Petitions of Persons Participating in the Case#

Applications and petitions of persons participating in the case to request new evidence and on all other issues related to the proceedings shall be resolved by the court after hearing the opinions of other persons participating in the case.

Based on the results of consideration of applications and petitions of persons participating in the case, the court shall issue a determination.

The conclusions of the court on the satisfaction or rejection of the applications and petitions of the persons participating in the case may be set forth in a judicial act issued upon the results of the consideration of the case.

Article 148. Consequences of Failure to Submit a Response to an Application (Complaint), Additional Evidence, as well as Failure to Appear in Court of Persons Participating in the Case#

Failure to submit a response to the application (complaint) or additional evidence that the court proposed to submit to persons participating in the case shall not be an obstacle to consideration of the case on the basis of the available materials.

If the applicant, duly notified of the time and place of the proceedings, fails to appear at the court session, the stated claim may be resolved in his absence if there is an application for the consideration of the case in his absence.

If the defendant and other participants in the case, having been duly notified of the time and place of the hearing, fail to appear at the court session, the case may be considered in their absence.

Article 149. Postponement of the Trial#

The court shall have the right to postpone the trial:

if the person participating in the case, duly notified of the time and place of the trial, filed a petition to postpone the trial with justification of the reason for failure to appear at the trial, if the consideration of the case without participation of this person is impossible;

at the request of a person participating in the case, in connection with the failure of his representative to appear at the hearing for a respectful reason;

if any of the participants in the trial fails to appear, if the court considers it impossible to consider the case without the participation of this person;

at the request of a party to postpone the trial due to the need to provide additional evidence;

in case of impossibility of establishing video conferencing during the court session in the video conferencing mode.

at the request of the party, in case of its request for assistance to the court for the peaceful settlement of the dispute.

The court shall have the right to postpone the trial in other cases when it is impossible to consider the case in the court session.

The trial may be postponed for the time necessary to eliminate the circumstances that served as the basis for the postponement, within the time limit of the trial provided for by this Code.

A determination shall be issued on the postponement of the trial.

If the parties are present at the court session, the court shall have the right to interrogate the witnesses who have appeared before the postponement of the trial. The testimonies of these witnesses shall be announced at the next court session. The repeated summons of these witnesses to a new court session shall be made only in cases of necessity.

The persons participating in the case, but who did not appear at the court session, shall be notified of the time and place of the new court session in the manner prescribed by Article 124 of this Code. The persons participating in the case, who have appeared at the court session, shall be notified against a receipt attached to the case file.

After the postponement, the trial shall continue.

If necessary, the trial of the case shall begin over again after its postponement.

Article 150. Break in the Court Session#

The court, at the request of the person participating in the case, or on its own initiative, may announce a break in the court session.

A break in the court session may be announced for a period not exceeding three days. The break shall be indicated in the minutes of the court session.

After the end of the break, the court session shall continue, of which the presiding judge shall announce at the court session. Re-examination of the evidence examined before the break shall not be carried out, including when the representatives of the persons participating in the case are replaced.

The persons participating in the case shall be considered to be duly notified of the time and place of the court session, regardless of their presence in the courtroom before the break is announced, and their failure to appear at the court session after the end of the break shall not prevent its continuation.

Article 151. Judicial Pleadings#

After completing the examination of all the evidence, the presiding judge of the court session shall ask the persons participating in the case whether they have additional materials on the case. In the absence of such materials, the court shall proceed to judicial pleadings.

The judicial pleadings shall consist of oral statements of the persons participating in the case. In the pleading, they substantiate their position on the case.

In the judicial pleadings, the applicant shall plead the first, then the third person, who makes independent claims regarding the subject of the dispute, and the defendant. A third party, who does not make independent claims regarding the subject of the dispute, shall speak after the applicant or after the defendant, on whose side he participates in the case.

The prosecutor, as well as representatives of state bodies and other persons who have applied to the court in defense of the rights and legally protected interests of others, shall be the first to plead in the court trial.

The participants in the judicial pleadings shall not have the right to refer to circumstances that were not clarified by the court, and to evidence that was not investigated in the court session or was declared inadmissible by the court.

The prosecutor participating in the case shall state his opinion on the merits of the dispute in the judicial pleadings last, with the exception of the cases provided for by part four of this Article.

Article 152. Resumption of the Examination of Evidence#

If the court, during or after the judicial pleadings, finds it necessary to clarify additional circumstances or examine new evidence, it shall resume the examination of evidence, what shall be indicated in the minutes of the court session.

After the completion of the additional examination of evidence, the judicial pleadings shall be held in the manner prescribed by this Code.

Article 153. Retirement of the Court to a Separate Room (Deliberation Room) for the Adoption of a Judicial Act#

Upon completion of the examination of the evidence in the case and the judicial pleadings, the court shall retire to a separate room (deliberation room) for the adoption of the judicial act.

§ 1. General Rules for Adoption of Decision#

Article 154. Adoption of Decision#

Based on the results of the consideration of the case on the merits, the court shall adopt a decision.

The court shall adopt a decision in the name of the Republic of Uzbekistan.

The court decision shall be adopted after the end of the trial.

The court's decision must be lawful and well-founded. It can only be based on the evidence that was examined at the court session.

Article 155. Secrecy of Adoption of a Decision#

A court decision shall be adopted in a separate room (deliberation room).

In case of a collegial consideration of a case, the decision shall be adopted by the judges participating in the court session, by a majority vote, under conditions that ensure the secrecy of the deliberations of the judges.

In the deliberation room, in which the court adopts a decision, only judges who are part of the court considering the case can be present. Access to this room of other persons, as well as other methods of communication with persons who are not part of the court, shall be prohibited.

Judges shall have no right to disclose to anyone information about the content of the discussion when adopting a decision, about the position of individual judges who were part of the court, and otherwise disclose the secret of the deliberations of judges.

Article 156. Issues Resolved upon Adoption of a Decision#

Upon adoption of a decision, the court shall:

1) evaluate the evidence and arguments provided by the persons participating in the case in support of their claims and objections;

2) determine which circumstances relevant to the case have been established and which have not been established;

3) decide which legislative acts referred to by the persons participating in the case should not be applied in this case;

4) determine which acts of legislation should be applied in this case;

5) establish what are the rights and obligations of the persons participating in the case;

6) decide whether the claim is subject to satisfaction.

If necessary, the court shall also resolve other issues related to maintaining or revoking interim protective measures, ensuring the enforcement of the decision, the procedure and time frame for enforcing the decision, the further handling of evidence, and the allocation of court expenses.

The court, in the course pf adoption of a decision, having found it necessary to further examine the evidence or to continue to clarify the circumstances relevant to the case, shall resume the proceedings, and shall issue a determination on that. In this case, the trial shall be conducted exclusively within the circumstances that require additional examination.

Article 157. Drawing up a Decision#

The decision shall be drawn up in the form of a separate document in writing by the presiding judge of the court session or another judge of the composition of the court considering the case.

The decision shall be signed by the judge, and in the case of a collegial consideration of the case — by all judges who participated in the decision-making, including the judge with a dissenting opinion.

The decision shall be drawn up in one copy and attached to the case.

Article 158. Content of a Decision#

Decision of the court shall consist of introductory, descriptive, reasoning and resume parts.

The introductory part of the decision shall indicate the name of the court that adopted the decision; the composition of the court, the secretary of the court session; case number, date and place of the adoption of decision; subject of the claim; persons participating in the case, as well as their representatives and other participants in the trial.

The descriptive part of the decision must contain a summary of the stated claims and objections, explanations, statements and petitions of the persons participating in the case.

The reasoning part of the decision must indicate:

factual circumstances of the case, established by the court;

evidence on which the conclusions of the court about the circumstances of the case are based;

grounds on which the court rejected certain evidence, accepted or rejected the arguments of the persons participating in the case;

acts of legislation, which were guided by the court when adopting a decision, and the grounds on which the court did not apply the acts of legislation to which the persons participating in the case referred.

The reasoning part of the decision may contain references to the Resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan.

The resume part of the decision must contain conclusions on the satisfaction or refusal to satisfy in full or in part of each of the stated claims.

In case of satisfaction of the claim for damages, the operative part of the decision indicates the amount to be reimbursed.

If the court established the procedure for the execution of the decision or took measures to ensure its execution, this shall be indicated in the resume part of the decision.

The resume part of the decision shall specify the distribution of court costs between the persons participating in the case, the time limit and procedure for appealing (protesting) the decision.

§ 2. Actions of the Court after a Decision has been Adopted#

Article 159. Announcement of Decision#

The decision of the court shall be announced by the presiding judge at the same court session in which the court proceedings were completed.

At the court session, in which the trial was completed, only the resume part of the adopted decision shall be announced.

The announced resume part of the decision must be signed by all judges who participated in the adoption of a decision and attached to the case.

The preparation and signing of the decision in full may be postponed for a period not exceeding five days.

The presiding judge of the court session, after the announcement of the decision, shall explain when the persons participating in the case can familiarize themselves with the reasoned decision, the procedure for sending it to the persons participating in the case, as well as the procedure for appealing (protesting) it.

Article 160. Immutability of a Court Decision#

After the announcement of the decision on the case, the court that adopted the decision shall not have the right to cancel or amend it itself, except for cases of revision of a judicial act that has entered into legal force due to newly discovered circumstances.

Article 161. Sending Copies of a Decision#

The court shall send a copy of the decision to the persons participating in the case within five days from the date of its adoption by registered mail with acknowledgment of receipt, or hands them over to them against receipt, and if they have an e-mail address, it can be sent to the email in the form of an electronic document.

In the cases and in the manner provided for by this Code, the court shall send a copy of the decision to other persons as well.

Article 162. Additional Decision#

A court that adopted the decision shall make an additional decision in cases where:

1) no decision has been adopted on any claim on which the persons participating in the case have presented evidence;

2) court, having resolved the issue of right, did not indicate the actions that the defendant is obliged to perform;

3) the issue of court costs has not been resolved.

The issue of adopting an additional decision may be raised before the decision enters into legal force.

An additional decision can be adopted at the request of the persons participating in the case, or at the initiative of the court.

The issue of the adoption by the court of an additional decision shall be resolved in the court session according to the rules established in this chapter. The persons participating in the case shall be notified of the time and place of the court session in the manner prescribed by Article 124 of this Code. However, the failure of the duly notified persons to appear shall not preclude the consideration of the issue of adopting an additional decision.

The additional decision shall enter into force together with the main decision.

The additional decision can be appealed (protested) together with the main decision.

In case of refusal to adopt an additional decision, a determination shall be issued.

Article 163. Explanation of Decision#

In case of ambiguity of the decision, the court, which resolved the case, shall have the right, upon the application of the persons participating in the case, as well as upon the application of the bodies entrusted with the execution of the court decision, and the state executor, to explain the decision without changing its content.

An application for clarification of the decision shall be considered in a court session with the notification of the persons participating in the case, the state executor or other bodies entrusted with the execution of the judicial act, in the manner prescribed by Article 124 of this Code. However, their failure to appear shall not be an obstacle to the consideration of the application.

An application for clarification of the decision shall be considered within ten days from the date of its submission.

A determination shall be issued on the explanation of the decision or on the refusal to clarify.

The determination can be appealed (protested).

Article 164. Correction of Clerical Errors and Arithmetic Errors#

The court that adopted the decision, at the request of the person participating in the case, the state executor, other bodies entrusted with the execution of the court decision, or on its own initiative, shall have the right to correct the clerical errors and arithmetic errors made in the decision without changing its content.

An application for correcting clerical errors or arithmetic errors shall be considered at a court session with the notification of the persons participating in the case, the state executor or other bodies entrusted with the execution of the court decision, in the manner prescribed by Article 124 of this Code. However, their failure to appear shall not be an obstacle to the consideration of the application.

An application for the correction of clerical errors or arithmetic errors shall be considered within twenty days from the date of its submission.

A determination shall be issued on the correction of clerical errors, arithmetic errors or refusal to correct them.

The determination on the correction of clerical errors, arithmetic errors or the refusal to correct them may be appealed (protested).

§ 3. Procedure for the Entry into Force of the Decision and its Enforcement#

Article 165. Entry into force of the Decision#

The court decision shall enter into legal force after one month from the date of its adoption, if it has not been appealed (protested) on appeal. In the case of filing an appeal (protest), the decision, if it is not canceled, shall enter into legal force from the date of the adoption of the decision of the court of appeal.

Article 166. Enforcement of the Decision#

Persons who have reason to believe that the execution of the decision will become impossible or difficult, may submit an application to the court that adopted the decision to ensure its enforcement.

The application must indicate the decision, the enforcement of which must be ensured, and the reasons that prompted the applicant to apply for its enforcement.

The issue of ensuring the execution of the decision shall be resolved in the manner prescribed by Article 95 of this Code.

Article 167. Execution of the Decision#

The decision of the court shall be executed after its entry into legal force.

Decisions on cases on challenging a departmental normative legal act and actions (decisions) of election commissions shall be subject to immediate execution.

Chapter 20. Determination and Order of the Court#

Article 168. Issuance of Determination#

The court shall issue determinations in the cases provided for by this Code.

The determination shall be issued in the form of a separate judicial act in cases where it is expressly provided for by this Code.

Where simple issues resolved, the court may issue a determination on the spot. Such a determination shall be entered into the minutes of the court session. The determinations shall be announced immediately after they are issued.

Article 169. Content of Determination#

In a determination issued in the form of a separate judicial act, the following shall be indicated:

1) the name of the court, the number of the case, the date of the determination issuance, the composition of the court, the secretary of the court session, the subject of the dispute;

2) the name (surname, name, patronymic) of the persons participating in the case;

3) the issue on which the determination is issued;

4) the reasons for which the court came to its conclusions, and a reference to laws and other acts of legislation, which the court was guided by;

5) conclusion on the issue under consideration;

6) the procedure and time limit for appealing (protesting) the determination, if provided by law.

Article 170. Announcement of Determination#

A determination issued at a court session shall be announced by the presiding judge at the same court session.

Article 171. Sending Copies of the Determination#

In the event that the court issues a determination in the form of a separate act, its copies shall be sent to the persons participating in the case and to other persons whom it concerns, within five days after issuance by registered mail with acknowledgment of receipt, or shall be handed to them under a receipt, and if they have e-mail addresses, the determination can be sent in the form of an electronic document.

Article 172. Execution of Determination#

The determination of the court shall be executed immediately, unless another time imit is established by law or by the court.

Article 173. Procedure and Time Limits for Appealing (Protesting) the Determination#

The determination of the court may be appealed (protested) separately from the decision of the court in the cases provided for by this Code, as well as if the determination hinders the further progress of the case.

The remaining determinations shall not be subject to an appeal (protest), but objections to these determinations may be included in an appeal (protest) against a court decision.

A complaint (protest) against a determination may be filed within a period not exceeding one month from the date of the determination issued, unless a different time limit is established by this Code.

Article 174. Special Determination#

A court shall have the right to issue a special determination in case of detection of violation of acts of legislation in the activities of a state or other body, legal entity, official or citizen, regardless of their participation in the case, in the course of consideration of cases.

By a special determination, the court may require the relevant body or official to consider the issue of bringing persons who are guilty of violating acts of legislation to account in accordance with their competence.

A special determination shall be sent to the relevant state and other bodies, legal entities, officials, who are obliged to inform the court about the measures taken within a month.

A special determination can be appealed (protested).

If, in the course of considering a dispute, the court discovers signs of a crime in the actions of persons, it shall inform the prosecutor about this in order to resolve the issue of initiating a criminal case with the attachment of relevant materials.

Chapter 21. Court Minutes (Protocol)#

Article 175. Contents of Minutes#

During the court session, as well as when performing a separate procedural action outside the courtroom, a minutes shall be recorded.

The minutes of the court session shall indicate:

1) year, month, date and place of the court session;

2) name of the court considering the case, the composition of the court and the secretary of the court session;

3) name and number of the case;

4) information about the appearance of the persons participating in the case and other participants in the trial;

5) information on the explanation by the court to the persons participating in the case and other participants in the trial of their procedural rights and obligations;

6) determinations issued by the court on the spot without retiring to a separate room (deliberation room);

7) oral statements and petitions of the persons participating in the case;

8) information on all physical, written, and digital evidence submitted to the court during the examination of the case, as well as the written expert opinions;

9) information on the explanations of the persons participating in the case, the testimonies of witnesses, the oral explanations of the experts regarding their conclusions, the consultations (explanations) of specialists, the inspection, seizure, diagramming, video and photo recording of physical, written, and digital evidence;

10) data obtained during the performance of separate procedural actions;

11) content of the judicial pleadings and the opinion of the prosecutor;

12) information about the announcement of the decision, determination or order of the court.

Other information may also be indicated in the minutes of the court session.

In the case of an audio or video recording of the court session, minutes of the court session shall record only the issues provided for in paragraphs 1 — 4 , 6 — 8 , 11 of part two of this article, the time of the beginning and end of the explanations of the persons participating in the case, the testimony of witnesses, oral explanations by experts of their conclusions, pleadings and opinions of the prosecutor, as well as a note on the use of technical means of recording the court session. Electronic or other carriers of audio or video recordings shall be attached to the minutes of the court session.

In the case of conduct of a court session in the videoconference mode, the minutes of the court session, in addition to those provided for in part two of this article, must also contain information:

on the conduct of a court session in the videoconference mode;

on the name of the court, assisting in the conduct of the court session in the mode of videoconferencing;

about the persons participating in the case and other participants in the trial who appeared in the court, assisting in the holding of the session in the mode of video conferencing;

on the information and communication technology staff of the court assisting in the conduct of the court session in the mode of videoconferencing, and of the court considering the case.

Article 176. Minutes Recording#

Minutes shall be recorded by the secretary of the court session in the court session itself or when performing a separate procedural action outside the courtroom.

Minutes shall be recorded by the secretary of the court session in the court session itself or when performing a separate procedural action outside the courtroom.

Article 177. Comments on Minutes#

Participants in the court trial shall have the right to familiarize themselves with the minutes of the court session and, within five days from the date of its signing, may submit written comments on the minutes, indicating the errors or incompleteness of information recorded in it.

Written comments on the minutes of the court session must be considered within five days after their submission, without summoning the participants in the trial.

The submitted written comments on the minutes of the court session shall be considered by the presiding judge and, if he agrees with them, he shall accept them, and if he disagrees, shall reject them.

A determination shall be issued on the acceptance or rejection of written comments on the minutes of the court session.

Written comments on the minutes of the court session, submitted to the court after the expiration of the five-day period, shall not be considered by the court and shall be attached to the case, what shall be communicated to the person who submitted the written comments.

The participants in the trial shall have the right to get acquainted with the audio or video recording of the court session.

A copy of the audio or video recording of the court session shall be released to the participants in the trial with the permission of the court that considered the case.

Chapter 22. Proceedings on Invalidation of a Departmental Normative Legal Act#

Article 178. Procedure for Considering Cases on Invalidation of Departmental Normative Legal Acts#

Cases on invalidation of normative legal acts adopted by ministries, departments (hereinafter referred to as the departmental normative legal acts) which affect the rights and legally protected interests of citizens or legal entities shall be considered according to the general rules provided for by this Code, with account taken of the special considerations established in this Chapter.

Article 179. Right to Apply to Court with an Application for Recognizing the Departmental Normative Legal Act as Invalid#

A citizen or legal entity which is subject to the departmental normative legal act, and which believes that it violates his rights and legitimate interests guaranteed by the Constitution and laws of the Republic of Uzbekistan , shall have the right to apply to the court to recognize this departmental normative legal act as invalid in whole or in part.

Article 180. Content of an Application for Recognizing a Departmental Normative Legal Act as Invalid#

An application for recognizing a departmental normative legal act as invalid must comply with the requirements provided for in Article 128 of this Code.

The application must also indicate:

1) name of the body that adopted the departmental normative legal act;

2) name, number, date of adoption, source of publication and other data on the departmental normative legal act;

3) rights and legally protected interests of the applicant, which, in his opinion, are violated by this departmental normative legal act or its separate parts;

4) name of an act of legislation that has a higher legal force, which, in the applicant's opinion, the departmental normative legal act or its individual parts contradict;

5) applicant's request to recognize the departmental normative legal act as invalid in whole or in part.

The application shall be accompanied by the documents specified in Article 130 of this Code, as well as the text of the contested normative legal act.

Filing an application for recognizing a departmental normative legal act as invalid to a court shall not suspend the contested act or its individual provisions.

Article 181. Special Considerations with Regard to Consideration of a Case on Recognizing a Departmental Normative Legal Act as Invalid#

A case on recognizing a departmental normative legal act as invalid shall be considered by a court in a collegial composition.

A case on recognizing a departmental normative legal act as invalid shall be considered with the obligatory participation of representatives of the body that adopted the contested act.

When considering a case on recognizing a departmental normative legal act as invalid, the court shall verify its compliance in whole or in part with an act of legislation that has a higher legal force, as well as the powers of the body that adopted the contested normative legal act and its state registration with the Ministry of Justice of the Republic of Uzbekistan.

Article 182. Court Decision in a Case on Invalidating a Departmental Normative Legal Act#

A decision on a case on recognizing a departmental normative legal act invalid shall be adopted by the court according to the rules established in Chapter 19 of this Code.

Based on the results of the consideration of a case on recognizing a departmental normative legal act as invalid, the court shall adopt a decision to satisfy the application or to refuse to satisfy it.

The resume part of the decision to satisfy the application for recognizing the departmental normative legal act as invalid must indicate:

1) the name of the body that adopted the departmental normative legal act, the name of act, number and date of its adoption;

2) recognition of the departmental normative legal act as invalid in whole or in part;

3) distribution of court costs.

The decision of the court, adopted as a result of the consideration of the case on the recognition of the departmental normative legal act as invalid, shall enter into force from the moment of its adoption.

The departmental normative legal act or its individual parts, recognized by the court as invalid, shall not be applied from the moment the court decision enters into legal force and must be brought into line by the body that adopted the act in accordance with the act of legislation which has a higher legal force.

Article 183. Publication of a Court Decision on a Case on Recognizing a Departmental Normative Legal Act as Invalid#

A decision on a case on recognizing a departmental normative legal act invalid shall be sent by the court to the official edition organs of state bodies in which the contested act was published, and shall be subject to immediate publication by the indicated editions.

Chapter 23. Proceedings on Appeals against Decisions, Actions (Inaction) of Administrative Bodies and Self-Government Bodies of Citizens, their Officials.#

Article 184. Procedure for Considering Cases on Appealing Decisions, Actions (Inaction) of Administrative Bodies and Self-Government Bodies of Citizens, their Officials#

Cases on appealing decisions, actions (inaction) of administrative bodies and self-government bodies of citizens, their officials shall be considered by the court in accordance with the general rules provided for this Code, with account taken of the special considerations established in this chapter.

Cases on appealing decisions, actions (inaction) of administrative bodies and self-government bodies of citizens, their officials shall be considered in court, if their consideration is not attributed to the competence of other state bodies by law.

Proceedings in cases of appeal against decisions, actions (inaction) of administrative bodies and self-government bodies of citizens, their officials shall be initiated on the basis of applications from citizens or legal entities (hereinafter referred to as the person interested).

Article 185. Right to Apply to Court with an Application (Complaint) against a Decision, Actions (Inaction) of an Administrative Body, a Self-Government Body of Citizens, their Officials#

An interested person shall have the right to apply to a court with an application (complaint) to invalidate a decision, illegal actions (inaction) of an administrative body, a self-government body of citizens, their officials, if it believes that by this decision, actions (inaction):

his rights and interests protected by law have been violated;

obstacles have been created to the exercise of his rights, freedoms and the realization of legitimate interests;

he has illegally assigned duties;

other obstacles have been created for the implementation of activities in a particular area.

Article 186. Time Limits for Filing an Application (Complaint) with a Court against a Decision, Actions (Inaction) of an Administrative Body, a Self-Government Body of Citizens, their Officials#

If this Code or other laws do not establish other time limits, an application (complaint) against a decision, actions (inaction) ) of an administrative body, a self-government body of citizens, their officials may be filed with a court within six months from the moment when the interested person became aware of the violation of his rights, freedoms and legitimate interests.

An application (complaint) on invalidation of a decision, illegal actions (inaction) of a state executor can be filed with the court within ten days from the moment when the interested person became aware of the violation of his rights, freedoms and legitimate interests.

A missed for a good reason deadline for filing an application (complaint) may be restored by the court.

Article 187. Form and Content of an Application (Complaint) on Invalidating a Decision, Recognizing Actions (Inaction) of an Administrative Body, a Self-government Body of Citizens, their Officials as Illegal#

Application (complaint) on invalidating a decision, illegal actions (inaction) of administrative bodies and self-government bodies of citizens, their officials must comply with the requirements provided for in Article 128 of this Code.

The application (complaint) must also indicate:

1) name of the administrative body, self-government body of citizens, the surname and initials of the official who adopted the contested decision or who committed the contested actions (inaction);

2) name, number, date of adoption of the contested decision, date and place of performance of the contested actions (inaction);

3) information about the rights, freedoms and legitimate interests of the applicant, which, in his opinion, are violated by the appealed decision, actions (inaction);

4) legislation, to which, in the applicant's opinion, to the contested decision, actions (inaction) is contrary;

5) applicant's request to invalidate the decision, recognize actions (inaction) as illegal.

An application (complaint) shall be accompanied by the documents specified in Article 130 of this Code, as well as the text of the contested decision.

Article 188. Special Considerations with Regard to Court Proceedings in Cases of Appeal against Decisions, Actions (Inaction) of an Administrative Body, a Self-Government Body of Citizens, their Officials#

The case of an appeal against decisions, actions (inaction) of administrative bodies, self-government bodies of citizens, their officials shall be considered with the participation of representatives of the body or an official who adopted the contested decision or committed the contested actions (inaction). However, the failure to appear of these persons, duly notified of the time and place of the court session, shall not be an obstacle to the consideration of the case.

The court may recognize the appearance at the court session of representatives of the administrative body, the self-government body of citizens, and the official who adopted the appealed decision or committed the appealed actions (inaction) as mandatory, and summon them to the court session to give explanations.

When considering a case on appealing decisions, actions (inaction) of administrative bodies, self-government bodies of citizens, their officials, the court shall verify the legality of the contested decision or its individual parts, actions (inaction), the powers of the body or official who adopted the contested decision or committed the contested actions ( inaction), and shall also establish whether the appealed decision or its individual parts or actions (inaction) violate the rights and legally protected interests of the applicant.

Article 189. Court Decision in a Case on Appealing a Decision, Actions (Inaction) of an Administrative Body, a Self-Government Body of Citizens, their Officials#

A decision on a case on appealing decisions, actions (inaction) of administrative bodies, self-government bodies of citizens, their officials shall be adopted by a court according to the rules established in chapter 19 of this Code.

The court, having established that the appealed decision or its individual parts or actions (inaction) contradict the legislation and violate the rights and interests of the applicant protected by law, shall adopt a decision to recognize the contested decision or its individual parts as invalid or actions (inaction) as illegal.

If the court establishes that the appealed decision or its individual parts or actions (inaction) comply with the legislation and do not violate the rights and interests of the applicant protected by law, it shall adopt a decision to refuse to satisfy the stated claim.

The resume part of the decision to satisfy the application for invalidating the decision, illegal actions (inaction) must indicate:

1) name of the body (official) that adopted the appealed decision or committed the action (inaction), name, number, date of the adoption of decision, date and the place where the contested actions (inaction) were committed;

2) recognition of the contested decision in whole or in part as invalid or actions (inaction) as illegal;

3) distribution of court costs.

If the decision is recognized as invalid, the actions (inaction) as illegal, the court shall oblige the relevant body or official:

to adopt a decision or perform certain actions in accordance with the law or otherwise eliminate the violations of the applicant's rights, freedoms and legitimate interests;

eliminate the violations and report the execution of the decision to the court and to the applicant within one month from the date of entry into force of the court decision, unless another period is established by the court.

The decision of the court, adopted based on the results of the consideration of the case, shall enter into legal force after one month from the date of its adoption, unless it is appealed (protested) on appeal instance.

Chapter 25. Restoration of Lost Judicial Proceedings#

Article 194. General Rules for Restoring Lost Judicial Proceedings#

Lost judicial proceedings in a case may be restored by the court at the request of the persons participating in the case, the prosecutor, as well as at the initiative of the court.

The lost judicial proceedings shall be restored in full or in part, which, in the opinion of the court, should be restored. A court decision or a determination on the termination of proceedings, if they were adopted in the case, must be reinstated without fail.

The applicant shall be exempted from paying court costs incurred by the court in the consideration of the case on the restoration of the lost judicial proceedings. In the event of a knowingly false statement, court costs shall be recovered from the applicant.

Article 195. Application for the Restoration of a Lost Judicial Proceeding#

An application for the restoration of a lost judicial proceeding shall be submitted to the court that considered the case.

The application must contain details of the case.

The application shall be accompanied by the documents retained by the applicant and relevant to the case or their copies, even if they are not certified in the prescribed manner.

Article 196. Consideration of an Application for Restoration of Lost Judicial Proceedings#

When considering a case on restoration of lost judicial proceedings, the court shall use the remaining parts of the proceedings, documents released to citizens and organizations from the case before the loss of proceedings, copies of these documents, as well as other documents related to the case.

The court may interrogate as witnesses the persons who were present at the performance of the procedural actions, the persons who executed the court decision, and, if necessary, the persons who were members of the court that considered the case in which the proceedings were lost.

Article 197. Court Decision on the Application for the Restoration of the Lost Judicial Proceedings#

The court decision on the restoration of the lost court decision or the determination on the termination of the proceedings on the case shall indicate on the basis of what specific data presented to the court and examined in the court session with the participation of all participants in the proceedings on the lost proceedings , the court considers the content of the restored judicial act as established.

Article 198. Termination of Proceedings on the Case on Restoration of Lost Judicial Proceedings#

If the collected materials are insufficient to accurately restore the lost judicial proceedings, the court shall terminate the proceedings on the case by a determination. In this case, the applicant shall have the right to submit an application (complaint) in accordance with the general procedure.

Article 199. Appealing (Protesting) Judicial Acts related to the Restoration of the Lost Judicial Proceeding#

Judicial acts on the cases on the restoration of the lost judicial proceeding may be appealed (protested).

Chapter 26. Proceedings in the Court of Appeal#

Article 200. Right of Appeal (Protest)#

Persons participating in the case, as well as persons not involved in the case, about whose rights and obligations the court has adopted a decision, shall have the right to file an appeal , and the prosecutor to file a protest against the decision of the court of first instance, which has not entered into legal force.

Persons participating in the case, as well as persons not involved in the case, about whose rights and obligations the court has adopted a decision, shall have the right to file an appeal , and the prosecutor to file a protest against the decision of the court of first instance, which has not entered into legal force.

The court decision can be appealed (protested) in full or in parts.

Article 201. Courts Reviewing Appellate Complaints (Protests)#

Appellate complaints (protests) shall be reviewed by:

the Administrative Court of the Republic of Karakalpakstan, regional administrative courts, and the Tashkent City Administrative Court — when the complaint (protest) is filed against judgments rendered by interdistrict administrative courts, as well as judgments rendered by the Administrative Court of the Republic of Karakalpakstan, regional and Tashkent City Administrative Courts acting as courts of first instance;

the Military Court of the Republic of Uzbekistan — when the complaint (protest) is filed against judgments rendered by territorial military courts, as well as judgments rendered by the Military Court of the Republic of Uzbekistan acting as a court of first instance;

The Administrative Chamber of the Supreme Court of the Republic of Uzbekistan — when the complaint (protest) is filed against judgments rendered by the Supreme Court of the Republic of Uzbekistan acting as a court of first instance.

Article 202. Procedure for Filing an Appeal (Protest)#

Appeal (Protest) shall be addressed to the court of appeal instance, but submitted to the court that adopted the contested decision.

The court that adopted the decision shall be obliged to send the appeal (protest) together with the case to the court of appeal within five days from the date of its receipt.

Article 203. Time Limit for Filing an Appeal (Protest)#

An appeal (protest) may be filed within one month from the date of adoption of the decision, unless another time limit is established by law.

The missed deadline for filing an appellate complaint (protest) may be restored by a judge of the appellate instance court upon the request of the person filing the complaint (protest), provided that the request is submitted no later than three months from the date the judgment was rendered and the reasons for missing the deadline are deemed valid.

Restoration of the missed deadline for filing an appeal (protest) shall be specified in the determination on the acceptance of the appeal (protest) for proceedings.

Refusal to restore the missed deadline for filing an appeal (protest) shall be indicated in the determination on refusal to accept an appeal (protest).

Article 204. Form and Content of an Appeal (Protest)#

An appeal (protest) shall be submitted to the court in writing and signed by the person filing the appeal (protest) or his representative.

The appeal (protest) must indicate:

1) name of the court to which the appeal (protest) is addressed;

2) name (surname, name and patronymic) of the person filing the appeal (protest);

3) name of the court that adopted the decision against which the appeal (protest) is filed, the number of the case and the date of adoption of the decision, the subject of the claim;

4) the requirements of the person filing the appeal (protest), and the grounds on which the person filing the appeal (protest) considers the decision to be wrong with reference to laws and other acts of legislation, circumstances of the case and evidence;

The appeal may contain telephone numbers, fax numbers, e-mail address of the person filing the appeal or his representative.

Article 205. Sending a Copy of the Appeal (Protest)#

The person submitting the appeal (protest) must send or hand over personally against receipt to other persons participating in the case, copies of the appeal (protest) and attached documents that they do not have.

Article 206. Documents to be Attached to the Appeal (Protest)#

An appeal shall be accompanied by:

1) a document confirming the payment of the state fee and postage;

2) document confirming the sending or delivery to other persons participating in the case, of copies of the appeal and the documents attached to it, which they do not have;

3) in the case of signing the appeal by the representative — a document confirming the authority to sign it.

A protest shall be accompanied by a document confirming the sending or delivery of copies of the protest and attached documents that they do not have to other persons participating in the case.

The appeal (protest) against the determination on the return of the application (complaint) or the refusal to accept the application (complaint) must also be accompanied by the returned application (complaint) and the documents attached to it when filing with the court.

Article 207. Procedure and Time Limit for Resolving the Issue of Accepting an Appeal (Protest) for Proceedings#

An issue of acceptance, refusal to accept an appeal (protest) for proceedings or return shall be resolved by a judge of the court of appeal solely no later than five days from the date of its receipt together with the case.

A ruling shall be issued on the acceptance of the appellate complaint (protest) for proceedings, refusal to accept it, or its return. A copy of this ruling shall be sent to the persons participating in the case no later than the day following its issuance, in the manner prescribed by Article 171 of this Code.

Article 208. Adoption of Appeal (Protest) for Proceedings#

An appeal (protest) filed in compliance with the requirements for its form and content established by this Code shall be accepted for proceedings by the court of appeal.

In the court determination on the acceptance of the appeal (protest) for proceedings, the time and place of the court session for the consideration of the appeal (protest) shall be indicated.

Article 209. Refusal to Accept an Appeal (Protest) for Proceedings#

A judge shall refuse to accept an appeal (protest) for proceedings, if:

1) appeal (protest) is filed by a person who does not have the right to appeal (protest) against the decision;

2) if the appellate complaint (protest) is filed against a court decision that, in accordance with the law, is not subject to appeal in the appellate procedure;

3) an appeal (protest) filed against a judicial act, which was considered on appeal;

4) the time limit for filing an appeal (protest) has been missed and the restoration of which was denied;

5) there is a determination on the termination of proceedings on the appeal (protest) due to the refusal (withdrawal) of the appeal (protest) by the same person.

In the determination on the refusal to accept the appeal (protest) for proceedings, the grounds for refusing to accept the appeal (protest) for proceedings shall be indicated, and the issue of refunding the state fee which was paid when the appeal was filed, shall be resolved.

A copy of the determination on refusal to accept the appeal (protest) shall be sent to the person who filed the appeal (protest), together with the appeal (protest) and attached documents in the manner prescribed by Article 171 of this Code.

A supervisory complaint (protest) may be filed against a ruling refusing to accept an appellate complaint (protest) for proceedings.

In case of cancellation of the determination on refusal to accept the appeal (protest) for proceedings, the appeal (protest) shall be deemed submitted on the day of the initial appeal to the court.

Article 210. Return of an Appeal (Protest)#

An appeal (protest) shall be returned by a judge if:

1) the appeal (protest) has not been signed or signed by a person who does not have the right to sign it, or a person whose official position or surname and initials are not indicated ;

2) evidence of sending copies of it to persons participating in the case is not attached to the appeal (protest);

3) a document confirming the payment of the state fee and postage in the prescribed manner and amount is not attached to the appeal, and in cases where the law provides for the possibility of deferral payment, payment by installments of the state fee, there is no petition for this or the respective petition is rejected;

4) an appeal (protest) has been sent bypassing the court that adopted the decision;

5) an appeal (protest) has been filed after the expiry of the established time limit and there is no petition for its restoration;

6) prior to the issuance of a determination on the acceptance of the appeal (protest) for proceedings, the person who filed the appeal (protest) submitted an application for its return (its withdrawal).

In the determination on the return of the appeal (protest), the grounds for returning the appeal (protest) shall be indicated, and the issue of the return of the state fee paid when filing the appeal shall be resolved.

A copy of the determination on the return of the appeal (protest) shall be sent to the person who filed the appeal (protest), together with the appeal (protest) and the documents attached to it in the manner prescribed by Article 171 of this Code.

A supervisory complaint (protest) may be filed against a ruling refusing to accept an appellate complaint (protest) for proceedings.

In case of cancellation of the determination on the return of the appeal (protest), the appeal (protest) shall be deemed submitted on the day of the initial appeal to the court.

After elimination of the circumstances specified in the first part of this article, the person who filed the appeal (protest) shall have the right to appeal to the court again with an appeal (protest) in accordance with the general procedure.

Article 211. Response to an Appeal (Protest)#

A person participating in the case, upon receipt of a copy of the appeal (protest), shall have the right to send a response to it to the court within the time limit ensuring the receipt of the response by the day of consideration of the appeal (protest), and evidence of sending copies of the response to other persons participating in the case.

A response to the appeal (protest) shall be signed by the person participating in the case, or his representative. A power of attorney shall be attached to the response signed by the representative, confirming his authority to conduct the case.

A response to the appeal (protest) may be accompanied by documents that have not been submitted earlier. In this case, evidence of sending to other persons participating in the case, of copies of those documents that they do not have, shall be attached to the withdrawal.

Article 212. Suspension of Execution of Decision by Court of Appeal#

If an appeal (protest) is filed with a missed deadline for filing it and the petition for the restoration of this time limit is satisfied, the court of the appellate instance shall have the right, at the request of the persons participating in the case, to suspend the execution of the decision.

The suspension of the execution of the decision or the refusal to suspend its execution shall be indicated in the determination on the acceptance of the appeal (protest) for proceedings.

The execution of the decision shall be suspended for a period until the court of the appellate instance adopts a judicial act based on the results of the consideration of the appeal (protest).

Article 213. Dismissing the Appeal (Protest)#

A court of the appellate instance shall dismiss the appeal (protest) if, after the acceptance of the appeal (protest) for proceedings, it establishes that the appeal (protest) is not signed or signed by a person who does not have the right sign it, either by a person whose official position or surname and initials are not indicated.

The court shall issue a determination on dismissing the appeal (protest), copies of which shall be sent to the persons participating in the case, in the manner prescribed by Article 171 of this Code.

A ruling to leave an appellate complaint (protest) without consideration may be appealed (protested) in the supervisory procedure.

After elimination of the circumstance that served as the basis for dismissing the appeal (protest), the appeal (protest) may be re-submitted to the court in the manner prescribed by this Code.

Article 214. Termination of Proceedings on an Appeal (Protest)#

A court of appeal shall terminate proceedings on an appeal (protest) if:

1) if an appellate complaint (protest) was filed against a judicial act that, in accordance with this Code, is not subject to appeal in the appellate procedure, and was mistakenly accepted for proceedings;

2) an appeal (protest) filed against a judicial act, which was considered on appeal before, and was mistakenly accepted by the court of appeal for proceedings;

3) an appeal is filed by a person who does not have the right to appeal against a judicial act;

4) after the acceptance of the appeal for proceedings, an application for refusal of the appeal was received from the person who filed the appeal, and the refusal was accepted by the court of appeal;

5) after the acceptance of the appeal for proceedings, a statement to withdraw the protest was received from the prosecutor who brought the protest or from a higher prosecutor;

6) the legal entity that was a party to the case had been liquidated before the adoption of the judicial act on the appeal (protest);

7) the citizen who was a party to the case had died before the adoption of the judicial act on the appeal (protest), and the disputed legal relationship does not allow legal succession.

If the appeal (protest) contains new claims that were not the subject of consideration in the court of first instance that adopted the appealed (contested) decision, the court of the appellate instance shall terminate the proceedings on the appeal (protest) regarding these claims.

The court shall issue a determination on the termination of proceedings on an appeal (protest), copies of which shall be sent to the persons participating in the case, in the manner prescribed by Article 171 of this Code.

A ruling to terminate proceedings on an appellate complaint (protest) may be appealed (protested) in the supervisory procedure.

In case of termination of proceedings on an appeal (protest), repeated appeal of the same person on the same grounds to the court with an appeal (protest) shall not be allowed.

Article 215. Procedure for Considering a Case by a Court of Appeal#

A court of appeal shall consider a case in a court session according to the rules for considering a case by a court of first instance, with account taken of the special considerations established by this Chapter.

In the appellate instance court, the rules regarding the consolidation of cases into a single proceeding, changes to the subject matter or grounds of the claim, and the involvement of third parties in the case, as well as other rules established by this Code for the hearing of cases in the court of first instance, do not apply. An exception is made when the case is reviewed in accordance with the procedural rules of the court of first instance.

The failure to appear at the court session of the court of appeal of the person who filed the appeal (protest) and other persons participating in the case, duly notified of the time and place of the trial, shall not prevent the consideration of the case in their absence, except for the failure of the prosecutor to appear in cases initiated in the interests of society or the state.

Article 216. Refusal from Appeal. Withdrawal of Appeal#

A person who has filed an appeal shall have the right to withdraw it before the issuance of a judicial act, which ends the consideration of the case.

The court shall have the right to reject the refusal of the appeal on the grounds provided for in part three of Article 136 of this Code and to consider the case on appeal.

The prosecutor who brought the protest, or a higher-ranking prosecutor, shall have the right to withdraw the protest before the judicial act is issued, which ends the consideration of the case.

Article 217. Scope of Consideration of a Case in a Court of Appeal#

When considering a case on an appeal, the court shall verify the legality and validity of the decision of the court of first instance. It can examine new evidence and establish new facts.

The appellate court shall be obliged to check the decision of the first instance court in full.

New claims, which were not the subject of consideration in the court of first instance, shall not be accepted and considered by the court of appeal.

Article 218. Time Limit for Consideration of an Appeal (Protest)#

The appellate instance court shall consider an appeal (protest) against the decision of the court of first instance within a time limit not exceeding one month from the date of acceptance of the appeal (protest) for proceedings.

In exceptional cases, the term for consideration of an appeal (protest) may be extended by the judicial board considering the case, but not more than one month.

Article 219. Powers of the Appellate Instance Court#

Based on the results of considering an appellate complaint (protest), the appellate instance court shall have the authority to:

1) leave the judgment unchanged;

2) annul the judgment in full or in part and adopt a new judgment;

3) modify the judgment;

4) annul the judgment in full or in part and terminate the proceedings, or leave the application (complaint) in full or in part without consideration;

5) if the ground specified in subparagraph 7 of the fifth part of Article 220 of this Code exists, annul the judgment and forward the case materials to another court according to jurisdiction.

If the grounds specified in subparagraphs 2, 3, and 6 of the fifth part of Article 220 of this Code are established, the appellate instance court shall review the case according to the procedural rules of the court of first instance. A ruling shall be issued on the transfer to consideration under the rules of the first instance court, indicating the actions to be performed.

Failure to resolve or incorrect resolution of the issue of the distribution of court costs shall not serve as a ground for annulling or modifying the judgment. In this case, the concluding part of the decision shall indicate the distribution of court costs in accordance with Article 115 of this Code.

Article 220. Grounds for Amending or Canceling a Decision#

The grounds for amending or canceling a decision shall be:

1) incomplete clarification of the circumstances relevant to the case;

2) lack of evidence of circumstances relevant to the case, which the court considered established;

3) inconsistency of the conclusions set out in the decision with the circumstances of the case;

4) violation or incorrect application of the norms of substantive and (or) procedural law.

Violation or misapplication of the norms of substantive law shall be deemed to be:

1) non-application of the law or other act of legislation that had to be applied;

2) application of a law or other act of legislation that is not subject to application;

3) misinterpretation of a law or other act of legislation.

Violation or incorrect application of the norms of procedural law shall be the basis for amending or canceling the decision of the court of first instance, if this has led or could have led to the adoption of an incorrect decision.

A court's judgment may be annulled in the following cases:

1) if the rule on the language of proceedings was violated during the hearing of the case;

2) if the court hearing transcript was not signed, or was signed by persons other than those specified in part two of Article 176 of this Code, or, in case the hearing was audio- or video-recorded, the electronic or other media containing the audio and video recordings were not attached to the court transcript;

3) if the rule on the confidentiality of judicial deliberation was violated.

The violation or incorrect application of the following procedural legal norms shall in any case be grounds for the annulment of a judgment of the court of first instance:

1) the case was considered by an unlawfully composed court;

2) the case was heard in the absence of any participant who had not been duly notified of the time and place of the court session;

3) a judgment was rendered affecting the rights and obligations of persons who were not involved in the case;

4) the judgment was not signed by the judge or, if the case was heard by a panel of judges, by one of the judges, or it was signed by judges other than those listed in the judgment;

5) there is no transcript of the court session in the case;

6) the court did not issue a judgment regarding a stated claim;

7) the case was heard in violation of the rules on court jurisdiction.

The court of appeal cancels the decision of the court of first instance if the parties have concluded a settlement agreement and it is approved by the court of appeal.

Article 221. Order of the Court of Appellate Instance#

Based on the results of consideration of an appeal (protest), the court of appeal shall adopt an order, which is signed by the judges who have considered the case.

The order of the court of appeal shall indicate:

1) name of the court of appeal, the composition of the court that adopted the order, the secretary of the court session;

2) number of the case, the date and place of the adoption of the order;

3) name (surname, name, patronymic) of the person who filed the appeal (protest), his procedural status;

4) names (surname, name, patronymic) of the persons participating in the case, as well as their representatives and other participants in the trial;

5) subject of the claim;

6) date of adoption of the decision by the court of first instance, the surname and initials of the judge who adopted it;

7) a summary of the content of the decision adopted on the case;

8) grounds on which the requirement to verify the legality and validity of the decision is stated in the appeal (protest);

9) arguments set out in the response to the appeal (protest);

10) explanations of the persons participating in the case and those present at the court session;

11) circumstances of the case established by the court of appeal; the evidence on which the court's conclusions about these circumstances are based; laws and other acts of legislation, which were guided by the court when adopting the decision; the reasons why the court rejected certain evidence and did not apply laws and other acts of legislation to which the persons participating in the case referred;

12) reasons why the court of appeal did not agree with the conclusions of the court of first instance, if its decision was amended or canceled in whole or in part;

13) actions to be performed by the court of first instance if the case is sent for a new trial;

14) conclusions on the results of consideration of the appeal (protest).

The order of the court of appeal shall indicate the distribution of court costs between the persons participating in the case.

When the judicial act is canceled with the referral of the case for a new trial, the issue of the distribution of court costs shall be resolved by the court re-considering the case.

Copies of the order of the court of appeal shall be sent to the persons participating in the case no later than five days from the date of its adoption, in the manner prescribed by Article 161 of this Code.

The order of the court of appeal shall come into legal force from the date of its adoption.

Article 222. Appeal (Protest) against the Order of the Court of First Instance#

An appeal (protest) against the order of the court of first instance, filed according to the rules established by this Code, shall be considered by the court of appeal in the manner prescribed by this chapter for considering an appeal (protest) against court decisions.

Article 223. Appellate complaint (protest) against the ruling of the court of first instance#

An appellate complaint (protest) may be filed in accordance with the procedure established by this Code against a ruling of the court of first instance in cases provided for by this Code.

An appellate complaint (protest) filed under the rules established by this Code against a ruling of the court of first instance shall be considered by the appellate instance court in the manner prescribed in this chapter for appellate complaints (protests) against court judgments.

Based on the results of reviewing the complaint (protest) against the ruling of the court of first instance, the appellate instance court shall have the right to:

1) leave the ruling unchanged and deny the complaint (protest);

2) partially or fully amend or annul the ruling and resolve the matter on its merits;

3) annul the ruling on rejection of the complaint or application, return of the complaint or application, suspension or termination of proceedings, or leaving the complaint or application without consideration, and refer the complaint, application, or case back to the court of first instance for review;

4) annul the ruling and transfer the complaint, application, or case to another competent court for consideration.

Chapter 27. Proceedings in the Court of Cassation#

Article 224. Right to file a cassation complaint (protest)#

Participants in the case, as well as persons who did not participate in the proceedings but whose rights and obligations were affected by the judgment of the court of first instance, have the right to file a cassation complaint against a judgment of the court of first instance that has entered into legal force and was not reviewed in appellate proceedings. The prosecutor has the right to file a cassation protest.

The Commissioner under the President of the Republic of Uzbekistan for the Protection of the Rights and Legitimate Interests of Business Entities has the right to file a cassation complaint against a judgment of the court of first instance that has entered into legal force and was not reviewed in appellate proceedings, except for disputes not related to entrepreneurial activity.

A judgment of the court of first instance may be appealed (protested) in whole or in part.

Article 225. Courts Reviewing Cassation Complaints (Protests)#

Cassation complaints (protests) shall be reviewed as follows:

when submitted against the decisions of inter-district administrative courts, as well as decisions of the administrative courts of the Republic of Karakalpakstan, the regions, and the city of Tashkent adopted in the first instance — by the administrative courts of the Republic of Karakalpakstan, the regions, and the city of Tashkent;

when submitted against the decisions of territorial military courts, as well as decisions of the Military Court of the Republic of Uzbekistan adopted in the first instance — by the Military Court of the Republic of Uzbekistan;

when submitted against the decisions of the Supreme Court of the Republic of Uzbekistan adopted in the first instance — by the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan.

Article 226. Procedure for Filing a Cassation Complaint (Protest)#

A cassation complaint (protest) shall be addressed to the cassation instance court but submitted to the court that issued the decision.

The court that issued the decision shall, within five days from the date of receipt of the complaint (protest), forward it along with the case file to the cassation instance court.

Article 227. Time Limit for Filing a Cassation Appeal (Protest)#

A cassation complaint (protest) may be filed within six months from the date the decision of the court of first instance enters into legal force.

At the petition of the person filing the appeal (protest), the missed deadline for filing a cassation appeal (protest) may be restored by a judge of the court of cassation, if the petition is filed no later than three months from the date of expiry of the deadline for filing a cassation appeal (protest), and the reasons for missing the deadline have been recognized respectful.

A determination shall be issued on the restoration of the missed deadline for filing a cassation appeal (protest) or on the refusal to restore it.

Article 228. Form and Content of Cassation Appeal (Protest)#

A cassation complaint (protest) shall be submitted to the court in written form and shall be signed by the person filing the complaint (protest) or by their representative.

The cassation appeal (protest) must indicate:

1) the name of the court to which the cassation appeal (protest) is addressed;

2) the name (surname, name, patronymic) of the person filing the appeal (protest);

3) the name of the court that adopted the decision against which the appeal (protest) is filed;

4) the number of the case, the date of adoption of the decision, the subject of the claim;

5) the requirements of the person filing the appeal (protest) and the grounds on which the person filing the appeal (protest) considers the judicial act to be incorrect with reference to laws or acts of legislation, circumstances of the case and evidence;

6) a list of documents attached to the appeal (protest).

A cassation appeal may contain telephone numbers, fax numbers, and the e-mail address of the person filing the appeal or his representative.

Article 229. Sending Copies of Cassation Appeal (Protest)#

The person submitting the cassation appeal (protest) must send or hand over personally against receipt to other persons participating in the case copies of the cassation appeal (protest) and the documents attached to it that they do not have.

Article 230. Documents to be attached to the Cassation Appeal (Protest)#

A cassation appeal shall accompanied by:

1) a document confirming the payment of the state fee and postage;

2) document confirming the sending or delivery to other persons participating in the case, copies of the cassation appeal and the documents attached thereto, which they do not have;

3) in the case of signing the cassation appeal by the representative — a document confirming the power to sign it.

A cassation protest shall be accompanied by a document confirming the sending or delivery to other persons participating in the case of a copy of the appeal and attached documents that they do not have.

A cassation complaint (protest) filed against a ruling on returning the application (complaint) or refusing to accept the application (complaint) must be accompanied by the returned application (complaint) itself and the documents that were attached when it was submitted to the court.

Article 230¹. Claiming Case#

The Prosecutor General of the Republic of Uzbekistan and his deputies, the prosecutors of the Republic of Karakalpakstan, regions, and the city of Tashkent, as well as their deputies, shall have the right to request a case from the relevant court in order to resolve the issue of filing a cassation protest in cases where an application has been submitted by the persons referred to in the first part of Article 224 of this Code, or where the case was considered with the participation of the prosecutor, or where the law provides for the participation of the prosecutor, but the case was considered without the prosecutor being duly notified of the time and place of the court hearing.

Article 231. Procedure and Timeframe for Deciding on the Acceptance of a Cassation Complaint (Protest) for Proceedings#

The issue of accepting a cassation complaint (protest) for proceedings, refusing to accept it, or returning it shall be decided by a judge of the cassation instance court individually, no later than five days from the date the complaint (protest) is received by the court.

A ruling shall be issued regarding the acceptance of the cassation complaint (protest) for proceedings, the refusal to accept it, or its return. A copy of this ruling shall be sent to the persons participating in the case no later than the day following its issuance, in the manner prescribed by Article 171 of this Code.

Article 232. Acceptance of a Cassation Appeal (Protest) for Proceedings#

Cassation appeal (protest) filed in compliance with the requirements for its form and content established by this Code shall be accepted for proceedings by the court of cassation.

The determination on the acceptance of the cassation appeal (protest) for proceedings must contain:

1) the date and place of the issuance of the determination;

2) the surname and initials of the judge who issued the determination;

3) the surname, name, patronymic (name) of the person who filed the appeal (protest), the official who brought the protest;

4) judicial acts against which a cassation appeal (protest) has been filed;

5) the time and place of the court session.

Article 233. Refusal to Accept a Cassation Appeal (Protest) for Proceedings#

The judge shall refuse to accept a cassation appeal (protest) for proceedings in the following cases, if:

1) the cassation appeal (protest) is submitted by a person who does not have the right to appeal (submit a protest) against the decision;

2) the cassation appeal (protest) is submitted against a court document that, according to the law, cannot be appealed (protested) under cassation procedure;

3) the cassation appeal (protest) is submitted against a court document already considered under cassation procedure;

4) the request to reinstate the missed deadline for filing the cassation appeal (protest) was denied;

5) there exists a ruling on termination of the proceedings on the cassation appeal (protest) due to the withdrawal (retraction) of the appeal (protest) by the person who submitted it.

The ruling refusing to accept a cassation appeal (protest) for proceedings shall indicate the grounds for such refusal and resolve the issue of refunding the state duty paid when submitting the cassation appeal.

A supervisory appeal (protest) may be filed against the ruling on refusal to accept the cassation appeal (protest) for proceedings.

If the ruling on refusal to accept the cassation appeal (protest) for proceedings is annulled, the cassation appeal (protest) shall be considered as filed on the date it was initially submitted to the court.

Article 234. Return of a Cassation Appeal (Protest)#

A cassation appeal (protest) shall be returned by the judge in the following cases, if:

1) the cassation appeal (protest) is unsigned, or signed by a person not authorized to sign it, or by a person whose official position or initials of the name and surname are not indicated;

2) the cassation appeal (protest) does not comply with the form and content requirements set forth in Article 228 of this Code, or the documents stipulated in the third part of Article 230 of this Code are not attached to the cassation appeal (protest);

3) there is no evidence attached to the cassation appeal (protest) confirming that its copies were sent to the participants of the case;

4) the cassation appeal is not accompanied by documents confirming the payment of state duty and postal expenses in the established manner and amount, or, in cases where the law allows for deferred or installment payment of the state duty, a relevant application is not submitted or has been denied;

5) the cassation appeal (protest) was submitted after the prescribed deadline and there is no application to reinstate the missed deadline;

6) an application for withdrawal (retraction) of the cassation appeal (protest) was submitted by the person who filed the appeal before the court issued a ruling accepting the cassation appeal (protest) for proceedings;

7) the appeal (protest) was sent bypassing the court that adopted the decision.

The ruling on returning the cassation appeal (protest) shall state the reasons for the return and address the issue of refunding the state duty paid at the time of filing the cassation appeal.

A copy of the ruling on returning the cassation appeal (protest) shall be sent to the person who filed the appeal (protest) along with the appeal (protest) and the attached documents.

A supervisory appeal (protest) may be filed against the ruling on returning the cassation appeal (protest).

If the ruling on returning the cassation appeal (protest) is annulled, the cassation appeal (protest) shall be considered submitted on the date it was initially filed with the court.

The person who filed the appeal (protest) shall have the right to re-submit the cassation appeal (protest) to the court in the general procedure once the circumstances specified in the first part of this Article are eliminated.

Article 235. Response to a Cassation Appeal (Protest)#

A person participating in the case, upon receipt of a copy of the cassation appeal (protest), shall have the right to send a response to it to the court within the time limit ensuring receipt of the response by the day of consideration of the cassation appeal (protest), and documents confirming the sending of copies of the response to other persons participating in the case.

A response to the cassation appeal (protest) shall be signed by the person participating in the case, or his representative. A power of attorney shall be attached to the response signed by the representative, confirming his authority to conduct the case.

Article 236. Suspension of the Execution of Court Documents#

At the request of persons participating in the case, the cassation instance court (judge) shall suspend the execution of the decision adopted by the court of first instance until the cassation proceedings are completed.

The ruling on accepting the cassation appeal (protest) for proceedings shall indicate the suspension of the execution of the court document.

Article 237. Dismissing a Cassation Appeal (Protest)#

If, after the cassation appeal (protest) has been accepted for proceedings, it is discovered that it is unsigned, or signed by a person not authorized to sign it, or by a person whose official position or initials are not indicated, the cassation instance court shall dismiss the cassation appeal (protest) without consideration.

The court shall issue a determination on dismissing the cassation appeal (protest).

A supervisory appeal (protest) may be filed against the court ruling on the dismissal of the cassation appeal (protest) without consideration.

After the elimination of the circumstance that served as the basis for dismissing the cassation appeal (protest), the appeal (protest) may be re-submitted to the court in the manner prescribed by this Code.

Article 238. Termination of Proceedings on a Cassation Appeal (Protest)#

The court of the cassation instance shall terminate proceedings on a cassation appeal (protest) if:

1) if the cassation appeal (protest) has been submitted against a court decision that, in accordance with this Code, is not subject to appeal (protest) in cassation procedure, and it was mistakenly accepted for proceedings;

2) a cassation appeal (protest) has been filed on a judicial act that was considered on cassation instance and was mistakenly accepted for proceedings by the court of cassation;

3) a cassation appeal (protest) is filed by a person who does not have the right to appeal (protest) the judicial act;

4) after the acceptance of the cassation appeal for proceedings, an application for refusal of the appeal was received from the person who filed the appeal and the refusal was accepted by the court of the cassation instance;

5) after the acceptance of the cassation appeal for proceedings, an application has been received to withdraw the protest from the prosecutor who brought the protest, or a higher prosecutor;

6) a legal entity that is a party to the case, has been liquidated before the adoption of the judicial act on the cassation appeal (protest);

7) a citizen who is a party to the case has died, before the adoption of the judicial act on the cassation appeal (protest), and the disputed legal relationship does not allow for succession.

If in the cassation appeal (protest) new claims are stated that were not the subject of consideration in the court of first instance that adopted the appealed (contested) decision, the court of the cassation instance shall terminate the proceedings on the cassation appeal (protest) regarding these claims.

A ruling on the termination of proceedings regarding the cassation appeal (protest) shall be issued, and a copy of this ruling shall be sent to the persons participating in the case in the manner prescribed by Article 171 of this Code.

A supervisory appeal (protest) may be filed against the ruling on the termination of proceedings regarding the cassation appeal (protest).

In the event of termination of the cassation appeal (protest), repeated appeal of the same person on the same grounds to the court with a cassation appeal (protest) shall not be allowed.

Article 239. Procedure for the examination of a case by the court of cassation instance#

The court of cassation instance shall consider the case in a court session following the rules for examination in the court of first instance, taking into account the specific features provided for in this chapter.

In the court of cassation instance, the rules regarding the consolidation of cases into a single proceeding, changes to the subject matter or grounds of the claim, and the involvement of third parties in the case, as well as other rules established in this Code for hearing the case in the court of first instance, do not apply, except in cases when the case is heard under the procedural rules of the first instance court.

The failure of the person who filed the cassation appeal (protest) or other persons participating in the case to appear at the court session of the cassation instance court, provided they were duly notified of the time and place of the hearing, shall not prevent the case from being considered in their absence.

Article 240. Refusal from the Cassation appeal. Withdrawal of the Cassation Appeal#

A person who has filed a cassation appeal shall have the right to withdraw it before the issuance of a judicial act, which ends the consideration of the case.

A court shall have the right to reject the refusal of the appeal on the grounds provided for in part three of Article 136 of this Code, and to consider the case in cassation.

The prosecutor who brought the protest, or a higher-ranking prosecutor, shall also have the right to withdraw the protest before the judicial act is issued, which ends the consideration of the case.

If proceedings on a cassation appeal (protest) are terminated due to the withdrawal of the cassation appeal or protest, this does not preclude the court from examining the cassation appeal submitted by other persons regarding the same court decision.

Article 241. Scope of Consideration of the Case in the Court of Cassation#

While reviewing a case in the cassation instance, the court shall examine the lawfulness and validity of the decision rendered by the court of first instance. The court may also verify new evidence and establish new facts.

The court of the cassation instance shall be obliged to examine the decision of the court of first instance in full.

New claims that were not the subject of consideration in court of first instance, shall be not accepted and not considered by the court of cassation.

Article 242. Time Limit for Reviewing a Case in the Cassation Instance Court#

The cassation instance court shall review the cassation complaint (protest) filed against the decision of the court of first instance within a period not exceeding one month from the date of issuance of the ruling on the acceptance of the complaint (protest) for consideration.

In exceptional cases, the time limit for consideration of a cassation appeal (protest) may be extended by the judicial collegium considering the case, but for no more than one month.

Article 243. Powers of the Cassation Instance Court#

Based on the results of reviewing a cassation complaint (protest), the cassation instance court shall have the authority to:

1) leave the decision unchanged;

2) annul the decision in whole or in part and adopt a new decision;

3) amend the decision;

4) annul the decision in whole or in part and terminate the proceedings or leave the application (complaint) wholly or partially without consideration;

5) if the grounds provided for in subparagraph 7 of the fifth part of Article 244 of this Code are present, annul the decision and refer the case materials to another court based on jurisdiction.

If the grounds specified in subparagraphs 2, 3, and 6 of the fifth part of Article 244 of this Code are identified, the cassation instance court shall review the case according to the rules of proceedings in the court of first instance. A ruling shall be issued on the transition to proceedings according to the rules of the first instance, indicating the actions to be performed.

Failure to resolve or incorrect resolution of the issue regarding the allocation of court costs shall not serve as a ground for annulment or amendment of the court decision. In such case, the operative part of the decision shall specify the distribution of court costs in accordance with the procedure provided in Article 115 of this Code.

Article 244. Grounds for Amending or Annulment of the Decision of the Court of First Instance#

The following shall serve as grounds for amending or annulling the decision of the court of first instance:

1) failure to fully establish facts significant to the case;

2) lack of proof of facts considered by the court as established and significant to the case;

3) conclusions stated in the decision do not correspond to the facts of the case;

4) violation or incorrect application of substantive and/or procedural legal norms.

Violation or incorrect application of substantive legal norms includes:

1) failure to apply a law or another legal act that should have been applied;

2) application of a law or legal act that should not have been applied;

3) misinterpretation of a law or legal act.

Violation or incorrect application of procedural legal norms shall be grounds for amending or annulling the decision of the court of first instance if such violations resulted or could have resulted in an incorrect decision.

A court decision may be annulled in the following cases:

1) if the rules on the language of proceedings were violated during the hearing;

2) if the court session record was not signed or was signed by persons other than those indicated in part two of Article 176 of this Code, or if the audio or video recording (if conducted) was not attached to the session record;

3) if the confidentiality of judgesʼ deliberations was breached.

In any case, the following shall constitute grounds for annulment of the decision of the court of first instance:

1) if the case was reviewed by a court formed in violation of the law;

2) if the case was considered in the absence of a party who was not duly informed of the time and place of the court session;

3) if a decision was rendered on the rights and obligations of persons who were not involved in the case;

4) if the decision was not signed by the judge or, in the case of a panel, not signed by one of the judges, or was signed by judges other than those listed in the decision;

5) if the record of the court session is missing;

6) if the court failed to adopt a decision on the claim submitted;

7) if the case was heard in violation of jurisdiction rules.

If the parties have concluded a settlement agreement and it is approved by the cassation instance court, the decision of the court of first instance shall be annulled.

Article 245. Order of the Court of Cassation#

Based on the results of consideration of the cassation appeal (protest) the court of cassation shall adopt an order, which is signed by the judges who have considered the case.

The order of the court of the cassation instance shall indicate:

1) name of the court of the cassation instance, the composition of the court that adopted the order, the secretary of the court session;

2) number of the case, the date and place of the adoption of the order;

3) name (surname, name, patronymic) of the person who filed the cassation appeal (protest), his procedural status;

4) names (surname, name, patronymic) of the persons participating in the case, as well as their representatives and other participants in the trial;

5) subject of the claim;

6) date of the decision, the names and initials of the judges who adopted it;

7) summary of the content of the decision adopted on the case;

8) grounds on which the requirements for verification of the legality and validity of the decision are stated in the cassation appeal (protest);

9) arguments set out in the response to the cassation appeal (protest);

10) explanations of the persons participating in the case and presented at the court session;

11) circumstances of the case, established by the court of the cassation instance; the evidence on which the court's conclusions about these circumstances are based; laws and other acts of legislation, which were guided by the court when adopting the decision; the reasons why the court rejected certain evidence and did not apply laws and other acts of legislation to which the persons participating in the case referred;

12) reasons why the court of cassation did not agree with the conclusions of the court of first instance, if its decision was canceled in whole or in part;

13) conclusions based on the results of consideration of the cassation appeal (protest);

14) actions that must be performed by the court if the case is sent for a new trial.

An order of the court of the cassation instance shall indicate the distribution of court costs between the persons participating in the case.

In case of cancellation of a judicial act with the sending of the case for a new consideration, the issue of the distribution of court costs shall be resolved by the court re-considering the case.

Copies of the order of the court of the cassation instance shall be sent to the persons participating in the case no later than five days from the date of its adoption, in the manner prescribed by Article 161 of this Code.

The order of the court of the cassation instance shall come into legal force from the date of its adoption.

Article 246. Obligation of the Instruction of the Court of the Cassation Instance#

Instructions of the court of the cassation instance, set out in the order, shall be binding for the court re-examining the case.

The court of cassation shall not have the right to prejudge questions about the reliability or unreliability of this or that evidence, about the advantage of some evidence over others, about what decision should be adopted in a new trial.

Article 247. Cassation Appeal (Protest) Against a Ruling or Decision of the Court of First Instance#

A ruling or decision of the court of first instance that has not been reviewed by the appellate instance may be appealed (protested) in cassation in cases provided for by this Code.

A cassation appeal (protest) filed under the rules established by this Code against a ruling or decision of the court of first instance shall be reviewed by the cassation instance court in the manner provided in this chapter for cassation appeals (protests) against court decisions.

Based on the results of reviewing a cassation appeal (protest) against a ruling or decision of the court of first instance, the cassation instance court shall be entitled to:

1) leave the ruling or decision unchanged and the appeal (protest) unsatisfied;

2) amend or annul the ruling or decision in full or in part and resolve the matter on its merits;

3) annul the ruling on rejection of the application (complaint), return of the application (complaint), suspension or termination of proceedings, or leaving the application (complaint) without consideration, and refer the application (complaint) or the case back to the court of first instance for consideration;

4) annul the ruling and refer the application (complaint) or the case to another court according to jurisdiction.

Article 248. Appeal (Protest) Against the Ruling of the Cassation Instance Court#

Rulings of the cassation instance court that are subject to appeal (protest) under this Code may be challenged by way of supervisory review (protest).

Chapter 28. Proceedings for Review of Judicial Documents in the Supervisory Procedure#

Article 249. Right to Appeal (Submit a Protest) in the Supervisory Procedure#

Final and binding decisions, rulings, and resolutions of inter-district administrative courts, territorial military courts, as well as decisions and rulings of appellate or cassation instance courts in cases reviewed under appellate or cassation procedure may be appealed (or protested) in the supervisory procedure to the Administrative Court of the Republic of Karakalpakstan, regional and Tashkent city administrative courts, or the Military Court of the Republic of Uzbekistan by the following persons:

persons participating in the case, as well as individuals who were not involved in the proceedings but whose rights and obligations have been determined by the court decision;

the Commissioner for the Protection of Rights and Legitimate Interests of Business Entities under the President of the Republic of Uzbekistan, except for disputes not related to business activities;

the Prosecutor General of the Republic of Uzbekistan and their deputies, as well as prosecutors of the Republic of Karakalpakstan, regions, the city of Tashkent and their deputies.

Court documents in cases reviewed under the supervisory procedure by the Administrative Court of the Republic of Karakalpakstan, regional and Tashkent city administrative courts, and the Military Court of the Republic of Uzbekistan, as well as court documents issued by these courts in the supervisory instance, and court documents adopted by these courts as courts of first instance or reviewed in appellate or cassation proceedings, and also court documents adopted by the Supreme Court of the Republic of Uzbekistan as a court of first instance or reviewed in appellate or cassation proceedings, may be appealed (or protested) in the supervisory procedure to the Judicial Panel for Administrative Cases of the Supreme Court of the Republic of Uzbekistan by the following persons:

persons indicated in the second and third paragraphs of the first part of this Article;

the Prosecutor General of the Republic of Uzbekistan and their deputies.

Court documents issued in the supervisory procedure by the Judicial Panel for Administrative Cases of the Supreme Court of the Republic of Uzbekistan, as well as court documents adopted under the supervisory procedure, may be protested in the supervisory procedure to the Presidium of the Supreme Court of the Republic of Uzbekistan by the following person:

the Chairperson of the Supreme Court of the Republic of Uzbekistan — based on applications from persons indicated in the second and third paragraphs of the first part of this Article;

the Prosecutor General of the Republic of Uzbekistan — in cases considered with the participation of the prosecutor or in cases where the law provides for the participation of the prosecutor but the case was considered without properly notifying the prosecutor of the time and place of the court hearing, as well as in other cases where an application has been submitted by the persons referred to in the second paragraph of the first part of this article.

Article 250. Courts Reviewing Complaints (Protests) in the Supervisory Procedure#

A complaint (protest) in the supervisory procedure:

against the judicial documents specified in part one of Article 249 of this Code shall be reviewed by the Administrative Court of the Republic of Karakalpakstan, regional and Tashkent city administrative courts, or the Military Court of the Republic of Uzbekistan;

against the judicial documents specified in part two of Article 249 of this Code shall be reviewed by the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan.

A protest submitted by the Chairperson of the Supreme Court of the Republic of Uzbekistan or the Prosecutor General against the judicial documents specified in part three of Article 249 of this Code shall be reviewed by the Presidium of the Supreme Court of the Republic of Uzbekistan.

Article 251. Procedure for Filing a Complaint (Protest) in the Supervisory Procedure#

A complaint (protest) in the supervisory procedure shall be addressed to the Administrative Court of the Republic of Karakalpakstan, regional and Tashkent city administrative courts, or the Military Court of the Republic of Uzbekistan which will consider the case in the supervisory procedure, but must be submitted to the court that issued the ruling.

The court that issued the ruling must send the complaint (protest) along with the case to the court reviewing it in the supervisory procedure within five days from the date of receipt.

A complaint (protest) in the supervisory procedure against the judicial documents specified in parts two and three of Article 249 of this Code shall be submitted directly to the Supreme Court of the Republic of Uzbekistan.

Article 252. Time Limit for Filing a Complaint (Protest) in the Supervisory Procedure#

A complaint (protest) in the supervisory procedure against a decision, ruling, or resolution of the court of first instance may be filed within one year from the date it enters into legal force.

If the time limit for filing a complaint (protest) with the Administrative Court of the Republic of Karakalpakstan, regional or Tashkent city administrative courts, or the Military Court of the Republic of Uzbekistan has expired before a decision is made by the cassation instance, the complaint (protest) in the supervisory procedure may be filed within three months from the date the cassation instance court issues its decision.

If the time limit for filing a complaint (protest) with the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan has expired before a decision is made in the supervisory procedure by the Administrative Court of the Republic of Karakalpakstan, the regional or Tashkent city administrative courts, or the Military Court of the Republic of Uzbekistan, the complaint (protest) may be filed within three months from the date such a decision is made.

A protest by the Chairperson of the Supreme Court of the Republic of Uzbekistan or the Prosecutor General to the Presidium of the Supreme Court of the Republic of Uzbekistan must be submitted within three months from the date a request is received from the persons listed in the second and third paragraphs of part one of Article 249 of this Code, but no later than six months from the date the Administrative Judicial Panel of the Supreme Court issues its decision as a result of reviewing the case in the supervisory procedure.

The missed deadline for filing a complaint (protest) in the supervisory procedure may be restored by the court upon the request of the person filing the complaint (protest), provided the request is submitted within three months from the date the time limit expired, and the court considers the reasons for the delay to be valid.

A complaint (protest) in the supervisory procedure filed after the time limit specified in part five of this Article shall not be considered.

Article 253. Content of the Complaint (Protest) in the Supervisory Procedure#

The complaint (protest) in the supervisory procedure must include:

1) the name of the supervisory instance court to which the complaint (protest) is addressed;

2) the name (surname, first name, patronymic), and address (postal address or place of residence) of the person filing the complaint (protest);

3) the name of the court that issued the decision being appealed (protested);

4) the case number, and the date the decision was made;

5) the demands of the complainant (protest initiator) and the reasons why they consider the judicial document unlawful, referring to legislation, the circumstances of the case, and evidence;

6) a list of documents attached to the complaint (protest).

If the complainant did not participate in the proceedings, the complaint must indicate how the final judicial document that has entered into legal force violated their rights, freedoms, or lawful interests.

The complaint (protest) may include the phone numbers, fax numbers, and email address of the complainant or their representative.

The complaint must be signed by the complainant or their representative. A protest must be signed by the official submitting it.

Article 254. Sending Copies of the Complaint (Protest) in the Supervisory Procedure#

The person submitting a complaint (protest) in the supervisory procedure must send or personally deliver copies of the complaint (protest) and any attached documents not available to other participants in the case to those participants or obtain a written acknowledgment of receipt.

Article 255. Documents Attached to the Complaint (Protest) in the Supervisory Procedure#

The following documents must be attached to the complaint in the supervisory procedure:

1) documents confirming payment of state duty and postal expenses;

2) documents confirming that copies of the complaint and the attached documents not available to other participants have been sent or delivered to them;

3) if the complaint is signed by a representative, a document confirming their authority to sign it.

If a protest is submitted, documents confirming that the protest and the attached documents not available to other participants have been sent or delivered to them must be attached.

If the complaint (protest) in the supervisory procedure is filed against a ruling refusing to accept or return an appeal or cassation complaint (protest), the rejected or returned appeal or protest and the documents originally submitted with it must also be attached.

If a complaint (protest) is submitted to the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan against a ruling of the Administrative Court of the Republic of Karakalpakstan, regional or Tashkent city administrative courts, or the Military Court of the Republic of Uzbekistan refusing to accept or returning a supervisory complaint (protest), the rejected or returned complaint (protest) and documents originally submitted with it must also be attached.

Article 256. Refusal to Accept a Complaint (Protest) in the Supervisory Procedure for Consideration#

A judge of the supervisory instance court refuses to accept a complaint (protest) in the supervisory procedure for consideration if:

1) the complaint (protest) is filed by a person who does not have the right to appeal (protest) the judicial document;

2) the complaint (protest) is filed against a judicial document that has not entered into legal force or that cannot be appealed (protested) in the supervisory procedure according to the law;

3) the complaint (protest) is filed with the Administrative Court of the Republic of Karakalpakstan, regional or Tashkent city administrative courts, or the Military Court of Uzbekistan against a judicial document that has not been reviewed in the appellate or cassation procedure;

4) the complaint (protest) is filed with the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan against a judicial document that has not been reviewed in the appellate, cassation, or supervisory procedures by the lower courts;

5) the complaint (protest) is filed against a judicial document that has already been reviewed in the supervisory procedure by the same court;

6) the time limit for filing the complaint (protest) has expired and a motion to restore the missed deadline has been denied;

7) a ruling has already been issued to terminate the proceedings based on the withdrawal of the complaint or protest, except when a complaint (protest) is filed with the Administrative Judicial Panel of the Supreme Court of Uzbekistan against the ruling of the Administrative Court of the Republic of Karakalpakstan, regional or Tashkent city administrative courts, or the Military Court of Uzbekistan regarding the termination of supervisory proceedings due to withdrawal.

The ruling refusing to accept the complaint (protest) for consideration must state the grounds for refusal and address the issue of refunding the state duty paid when the complaint was filed.

If the ruling refusing to accept the complaint (protest) is overturned, the complaint (protest) is considered submitted on the date it was initially filed with the court.

Article 257. Return of the Complaint (Protest) in the Supervisory Procedure#

A judge of the supervisory instance court returns the complaint (protest) in the following cases:

1) the complaint (protest) is unsigned or signed by a person not authorized to do so or who failed to indicate their official capacity or initials;

2) the complaint (protest) does not meet the requirements of Article 253 or lacks the documents specified in parts three and four of Article 255;

3) documents confirming payment of state duty and postal expenses in the prescribed manner and amount are not attached, and there is no motion to defer or pay in installments, or such motion was denied;

4) the complaint (protest) is filed after the deadline and there is no motion to restore the missed time limit;

5) a withdrawal request was submitted before a ruling was issued to accept the complaint (protest) for consideration;

6) the complaint (protest) was not submitted through the court that issued the judgment, contrary to the procedure outlined in part one of Article 251.

The ruling on the return of the complaint (protest) must indicate the grounds for return and address the issue of refunding the state duty paid at the time of filing.

A copy of the ruling on return is sent to the complainant along with the returned complaint (protest) and attached documents.

If the ruling on the return of the complaint (protest) is overturned, the complaint (protest) is considered submitted on the date it was initially filed.

After correcting the deficiencies specified in part one of this article, the person who filed the complaint (protest) may resubmit it to the court in accordance with the general procedure.

Article 258. Procedure and Time Limit for Resolving the Issue of Accepting a Supervisory Complaint (Protest) for Proceedings by the Administrative Court of the Republic of Karakalpakstan, Regional and Tashkent City Administrative Courts, and the Military Court of the Republic of Uzbekistan#

The issue of accepting a supervisory complaint (protest) for proceedings, refusing to accept it, or returning it shall be resolved by a judge individually within five days from the day the complaint (protest) is received by the court.

A ruling is issued regarding the acceptance of the supervisory complaint (protest) for proceedings, its refusal, or its return, and a copy of this ruling shall be sent to the parties involved in the case no later than the day after it is issued, in accordance with the procedure set forth in Article 171 of this Code.

Article 259. Acceptance of a Supervisory Complaint (Protest) for Proceedings by the Administrative Court of the Republic of Karakalpakstan, Regional and Tashkent City Administrative Courts, and the Military Court of the Republic of Uzbekistan#

A supervisory complaint (protest) submitted in compliance with the formal and substantive requirements set forth in this Code shall be accepted for proceedings and scheduled for court hearing.

The ruling on acceptance of the supervisory complaint (protest) for proceedings shall include:

1) the date and place of the ruling;

2) the initials of the judge issuing the ruling;

3) the name (surname, first name, patronymic) of the person who filed the complaint (protest);

4) the judicial documents being appealed (protested);

5) the time and place of the court session.

Article 260. Requesting the Case#

The Chairperson of the Supreme Court of the Republic of Uzbekistan and their deputies, as well as judges of the Supreme Court, have the right to request a case from the relevant court for the purpose of resolving a supervisory complaint (protest).

The Prosecutor General of the Republic of Uzbekistan and their deputies, the prosecutors of the Republic of Karakalpakstan, regions, and the city of Tashkent, as well as their deputies, have the right — within the scope of their authority — to request a case from the relevant court in order to resolve the issue of filing a protest in supervisory procedure, if an application has been submitted by the persons indicated in the second paragraph of part one of Article 249 of this Code, or in cases considered with the participation of the prosecutor, or where the law provides for the participation of the prosecutor but the case was considered without properly notifying them of the time and place of the court hearing.

Article 261. Review of a Supervisory Complaint (Protest) by a Judge of the Supreme Court of the Republic of Uzbekistan#

A supervisory complaint (protest) submitted in accordance with the provisions of Articles 249–255 of this Code shall be reviewed by a judge of the Supreme Court of the Republic of Uzbekistan.

The judge reviews the supervisory complaint (protest) together with the attached materials, and if necessary, the case file itself.

Based on the results of the review, the judge may issue one of the following rulings:

1) to refuse acceptance of the supervisory complaint (protest) for proceedings on the grounds specified in Article 256 of this Code;

2) to return the supervisory complaint (protest) on the grounds specified in paragraphs 1–6 of part one of Article 257 of this Code;

3) to refuse to forward the supervisory complaint to the Administrative Judicial Panel of the Supreme Court if no grounds for supervisory review are found;

4) to accept the supervisory complaint (protest) for proceedings and forward it, along with the case file, to the Administrative Judicial Panel of the Supreme Court for consideration.

The judge shall issue a ruling on refusal to accept or to return the complaint (protest) within five days. A ruling on refusal to forward the complaint (protest) for consideration or on acceptance and forwarding of the complaint (protest) together with the case to the Administrative Judicial Panel shall be issued within one month from the day the complaint (protest) is received by the Supreme Court.

A copy of the ruling shall be sent to the complainant (protest filer) and the parties involved in the case no later than the day after the ruling is issued, in accordance with Article 171 of this Code.

Article 262. Ruling on Refusal to Transfer a Supervisory Complaint to the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan for Review#

The ruling by a judge of the Supreme Court of the Republic of Uzbekistan on the refusal to transfer a supervisory complaint to the Administrative Judicial Panel of the Supreme Court for review must include the following:

1) the date and place the ruling was issued;

2) the initials of the judge who issued the ruling;

3) the name (surname, first name, patronymic) of the complainant;

4) the judicial acts subject to the supervisory complaint;

5) a brief summary of the case on which the judicial acts were issued;

6) the grounds for refusing to transfer the supervisory complaint to the Administrative Judicial Panel for review.

When such a ruling is issued, the complaint and the documents attached to it remain with the Supreme Court of the Republic of Uzbekistan.

The Chairperson of the Supreme Court or their deputy has the right not to agree with this ruling and, based on the complainantʼs request, may issue a ruling to annul the refusal and transfer the complaint along with the case to the Administrative Judicial Panel of the Supreme Court for review.

An application to annul the ruling on refusal to transfer the complaint may be submitted within the time limit established for filing a supervisory complaint.

Applications submitted after the expiration of the time limit specified in part four of this article will not be considered.

Article 263. Ruling on Acceptance of a Supervisory Complaint (Protest) for Proceedings and Transfer to the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan for Review#

The ruling by a judge of the Supreme Court of the Republic of Uzbekistan on the acceptance of a supervisory complaint (protest) for proceedings and its transfer to the Administrative Judicial Panel of the Supreme Court for review must include the following:

1) the date and place of the ruling;

2) the initials of the judge who issued the ruling;

3) the name (surname, first name, patronymic) of the person filing the complaint (protest);

4) the judicial acts subject to the supervisory complaint (protest);

5) a brief summary of the case on which the judicial acts were issued;

6) a substantiated statement of the grounds for transferring the complaint (protest) to the Administrative Judicial Panel for review;

7) the date and place of the court hearing.

Article 264. Submission of a Written Opinion on the Supervisory Complaint (Protest)#

After receiving copies of the supervisory complaint (protest), a party involved in the case has the right to send their written opinion on the matter to the court within a time frame that ensures it reaches the court before the date of the hearing. This opinion must include proof that copies of the opinion have been sent to other parties involved in the case.

The written opinion must be signed by the party or their representative. If signed by a representative, a power of attorney confirming their authority must be attached.

Article 265. Suspension of Execution of Judicial Acts Based on a Supervisory Complaint (Protest)#

The court (judge) reviewing the case in supervisory proceedings may, upon request of a party involved in the case, suspend the execution of the judicial act until the completion of the supervisory proceedings.

The judge shall indicate in the ruling on acceptance of the supervisory complaint (protest) whether execution of the judicial act is suspended or not.

Article 266. Notification of Persons Participating in the Case#

A person who has filed a supervisory complaint (protest), as well as other persons participating in the case, shall be notified of the time and place of the hearing in the manner prescribed by Article 124 of this Code. Failure of duly notified persons to appear shall not impede the consideration of the case in the supervisory procedure.

If the case is being considered by the Plenum of the Supreme Court of the Republic of Uzbekistan under the supervisory procedure, the persons involved in the case may be summoned to provide explanations. In such case, they shall be notified of the time and place of the court session in accordance with Article 124 of this Code. Failure of duly notified persons to appear shall not impede the consideration of the case.

Article 266¹. Leaving a Supervisory Complaint (Protest) Without Consideration#

If, after a supervisory complaint (protest) is accepted for proceedings, it is found to be unsigned or signed by a person not authorized to sign it or without indication of official capacity or initials, the court examining the case under the supervisory procedure shall leave the complaint (protest) without consideration.

The court shall issue a ruling on leaving the supervisory complaint (protest) without consideration.

After the elimination of the circumstances that served as the basis for leaving the complaint (protest) without consideration, the complaint (protest) may be resubmitted to the court in the manner prescribed by this Code.

Article 266². Termination of Proceedings on a Supervisory Complaint (Protest)#

The court examining the case under the supervisory procedure shall terminate proceedings in the following cases:

1) the complaint (protest) is filed by a person not entitled to appeal the court act (to lodge a protest);

2) the complaint (protest) is filed against a court act not reviewed in the appeal or cassation procedure by the relevant administrative courts or military court, or filed mistakenly to the Supreme Court when it was not reviewed in supervisory procedure by lower courts or not subject to such review under this Code;

3) the complaint (protest) is filed against a court act that has already been reviewed under supervisory procedure by the same court, and was mistakenly accepted;

4) a request for withdrawal of the complaint is submitted after acceptance, and the withdrawal is accepted by the supervisory court;

5) a request for withdrawal of the protest is submitted by the prosecutor or a higher prosecutor after the protest is accepted;

6) the legal entity that is a party to the case is dissolved before the court decision is made on the complaint (protest);

7) the individual party to the case dies before the decision on the complaint (protest), and the disputed legal relationship does not allow legal succession.

A ruling shall be issued to terminate the supervisory proceedings, and its copy shall be sent to persons participating in the case as prescribed by Article 171 of this Code.

If proceedings are terminated, the same person may not refile a supervisory complaint (protest) on the same grounds.

Article 266³. Time Limits for Reviewing a Supervisory Complaint (Protest)#

Supervisory complaints (protests) shall be reviewed by the Republic of Karakalpakstan administrative court, regional and Tashkent city administrative courts, and the Military Court of the Republic of Uzbekistan within no more than one month from the date of issuance of the ruling to accept the complaint (protest) for proceedings.

Supervisory complaints (protests) shall be reviewed by the Administrative Judicial Panel of the Supreme Court of the Republic of Uzbekistan within no more than one month from the date they are transferred for review.

In exceptional cases, the review period may be extended by no more than one month by the judicial panel examining the case.

A protest filed with the Plenum of the Supreme Court shall be reviewed within no more than two months from the date of its submission.

Article 266⁴. Procedure for Reviewing a Case in the Supervisory Court#

A case shall be reviewed under the supervisory procedure in accordance with the general rules established by this Code, taking into account the specific features provided in this chapter.

The review begins with a report by the presiding judge or one of the judges.

The reporting judge summarizes the case facts, the content of the court acts adopted in the case, the arguments of the supervisory complaint (protest), and the written opinions submitted. Then, the explanations of persons present at the court session are heard.

The complainant or their representative explains first. If the case is being reviewed based on a protest by the prosecutor, the prosecutor speaks first. If both parties have filed complaints, the applicant speaks first.

In accordance with Article 47 of this Code, government agencies and other persons involved in the case who have not filed a complaint shall speak after the parties and third parties.

After hearing all explanations, the supervisory court retires for deliberation.

The decision is adopted immediately after completion of the hearing.

In exceptional cases, the reasoned decision may be prepared within five days, but the operative part must be announced in the same session.

The judgesʼ deliberation, decision-making, and pronouncement shall be carried out in accordance with the procedure prescribed by this Code.

Article 266⁵. Withdrawal of a supervisory complaint. Withdrawal of a supervisory protest#

A person who has filed a supervisory complaint shall have the right to withdraw it before the issuance of a court decision upon completion of the case hearing.

The person who has lodged a protest or a higher-ranking official shall have the right to withdraw the protest before the issuance of a court decision upon completion of the case hearing.

Article 266⁶. Scope of review by the supervisory instance court#

In reviewing a case under the supervisory procedure, the court shall examine, based on the case materials, whether the lower instance courts have correctly applied the substantive law norms and observed the requirements of procedural law.

The supervisory instance court shall not accept or consider new claims that were not subject to review by the first instance court.

The following provisions shall not apply in the supervisory instance court: on joinder of cases into one proceeding; on changing the subject or grounds of a claim; on involving third parties in the case; as well as other rules stipulated in this Code solely for trial in the first instance court.

Article 266⁷. Powers of the supervisory instance court#

Based on the results of consideration of a complaint (protest) in the supervisory procedure, the court shall have the right to:

1) leave the decision, ruling unchanged;

2) annul the decision, ruling wholly or partially and adopt a new decision;

3) annul the decision based on grounds provided in subparagraphs 3 and 6 of part five of Article 244 of this Code and remit the case for new consideration to the appellate or cassation instance court whose decision has been annulled;

4) amend the decision, ruling;

5) annul the decision, ruling wholly or partially and terminate the proceedings or leave the application (complaint) wholly or partially unconsidered;

6) annul individual judicial documents and leave one of the previously adopted judicial acts in force;

7) annul the decision, ruling and remit the case materials to another court with subject-matter jurisdiction, provided the grounds under subparagraph 7 of part five of Article 244 of this Code are present.

Failure to resolve or incorrect resolution of the issue regarding the distribution of court costs shall not constitute grounds for annulling or amending the decision. In this case, the conclusion section of the decision shall indicate the distribution of court costs in accordance with Article 115 of this Code.

Article 266⁸. Grounds for amending or annulling a judicial document#

Illegality or groundlessness of a judicial document shall constitute grounds for amending or annulling a decision, ruling, or order under the supervisory procedure.

A substantively correct decision, ruling, or order of the court may not be annulled solely on superficial grounds.

Article 266⁹. Decision of the supervisory instance court#

Following the consideration of a supervisory complaint (protest), the court shall issue a decision, which shall be signed by the judges who heard the case.

The decision of the court that reviewed the case under the supervisory procedure shall contain:

1) the name and composition of the court that adopted the decision, and the name of the court session secretary;

2) the case number, the date and place of the decision;

3) the name (surname, first name, patronymic) and procedural status of the person who filed the complaint (protest);

4) names (surname, first name, patronymic) of the persons participating in the case, their representatives, and other participants in the court process;

5) a summary of the content of the judicial documents being appealed (contested);

6) grounds that led to the filing of the complaint (protest) regarding the legality and validity of the judicial documents;

7) the arguments stated in the written opinion regarding the complaint (protest);

8) the explanations of persons participating in the case and present at the court session;

9) the facts of the case established by the court;

10) the reasons for the conclusions of the court and references to the laws and other legal acts applied;

11) conclusions of the court based on the results of the complaint (protest) review;

12) actions to be taken by the court if the case is remitted for new consideration.

The decision of the Plenum of the Supreme Court of the Republic of Uzbekistan shall be signed by the presiding officer of the meeting of the Plenum of the Supreme Court of the Republic of Uzbekistan.

The decision of the court that considered the case under the supervisory procedure shall enter into legal force from the date of its adoption.

The decision of the Plenum of the Supreme Court of the Republic of Uzbekistan shall be final and not subject to appeal (protest).

Article 266¹⁰. Binding nature of instructions of the supervisory instance court#

The instructions stated in the decision of the court that reviewed the case under the supervisory procedure shall be binding on the court re-examining the case.

The court hearing the case under the supervisory procedure shall not be entitled to pre-determine issues regarding facts not established or rejected in the decision or ruling, or whether any evidence is credible or not, or which evidence prevails, or what decision should be adopted during the new review.

Article 266¹¹. Supervisory complaint (protest) against a court ruling or decision#

In the cases provided for by this Code, a supervisory complaint (protest) may be filed against a court ruling or decision.

A supervisory complaint (protest) filed under the rules established by this Code against a ruling or decision referred to in Article 249 of this Code shall be reviewed by the supervisory instance court in accordance with the procedure provided for in this chapter for the review of supervisory complaints (protests).

Based on the results of reviewing a complaint (protest) against a ruling or decision, the supervisory instance court has the right to:

1) leave the ruling or decision unchanged;

2) amend or annul the ruling or decision in whole or in part and resolve the issue on the merits, or leave one of the previously adopted judicial documents in force;

3) annul the ruling or decision and refer the application (complaint), or the case, for substantive consideration to the competent instance court;

4) annul the ruling and refer the application (complaint), or case materials, to another court with jurisdiction over the case.

Article 266¹². Appeal (protest) against rulings of the supervisory instance court#

Rulings of the Karakalpakstan Republic Administrative Court, the regional and Tashkent city administrative courts, and the Military Court of the Republic of Uzbekistan — on refusal to accept a supervisory complaint (protest) for proceedings, return of the complaint (protest), termination of supervisory proceedings, or leaving the supervisory complaint (protest) unconsidered — may be appealed (protested) to the Administrative Chamber of the Supreme Court of the Republic of Uzbekistan within the period established by this Code for filing a supervisory complaint (protest) against a judicial document.

A ruling of a judge of the Administrative Chamber of the Supreme Court of the Republic of Uzbekistan on refusal to accept a supervisory complaint for proceedings or return of a supervisory complaint may be cancelled by the Chairperson of the Supreme Court of the Republic of Uzbekistan or their deputy, upon a motion submitted by the complainant within the time limit established for filing a supervisory complaint.

A ruling of a judge of the Administrative Chamber of the Supreme Court of the Republic of Uzbekistan on refusal to accept a supervisory protest for proceedings or return of the supervisory protest may be protested by the Prosecutor General of the Republic of Uzbekistan to the Plenum of the Supreme Court of the Republic of Uzbekistan within the time limit established by this Code for filing a supervisory protest against a judicial document.

A ruling on termination of supervisory proceedings, or on leaving a supervisory complaint (protest) unconsidered, as well as other rulings of the Administrative Chamber of the Supreme Court of the Republic of Uzbekistan for which the right to file a complaint (protest) is provided by this Code, may be protested to the Plenum of the Supreme Court of the Republic of Uzbekistan by the Chairperson of the Supreme Court or the Prosecutor General of the Republic of Uzbekistan within the period established by this Code for filing a supervisory complaint (protest) against a judicial document.

Chapter 29. Proceedings pertaining to the review of court documents that have entered into legal force based on newly discovered circumstances#

Article 267. Right of the Court to Revise a Judicial Act that has entered into Legal Force Due to Newly Discovered Circumstances#

The court may revise a judicial act adopted by it and entered into legal force on the basis of newly discovered circumstances on the grounds and in the manner provided for in this chapter.

Article 268. Courts Revising Judicial Acts that have entered into Legal Force on the basis of Newly Discovered Circumstances#

A decision, a determination which are effected and adopted by a court of first instance shall be reviewed by a court that adopted this decision or determination on the basis of newly discovered circumstances.

Review of rulings and decisions of the appellate, cassation, or supervisory instance courts that have been amended or replaced with a new judicial document due to newly discovered circumstances shall be carried out by the same instance that amended the judicial document or adopted the new judicial document.

Article 269. Grounds for Revising Judicial Acts on Newly Discovered Circumstances#

The grounds for revising judicial acts that have entered into legal force on newly discovered circumstances shall be:

1) circumstances significant for the case that occurred at the time of the adoption of the judicial act, but were not and could not be known to the applicant;

2) the deliberately false expert opinion, deliberately false testimony of a witness, deliberately incorrect translation, which entailed the adoption of an illegal or unjustified judicial act in this case, and which is established by a criminal court verdict that entered into legal force;

3) the criminal acts of the person participating in the case, or his representative, or the criminal acts of the judge, committed during the consideration of the case, which are established by a criminal court verdict, a court determination that has entered into legal force;

4) cancellation of a judicial act of an administrative court or a civil court, a criminal court or an economic court, or an act of another body that served as the basis for the adoption of a judicial act in this case.

Article 270. Procedure and Time Limit for Filing an Application for Revising a Judicial Act that has entered into Legal Force Due to Newly Discovered Circumstances#

An application for revising a judicial act that has entered into legal force due to newly discovered circumstances shall be submitted to the court that adopted this judicial act by the persons participating in the case, or by the prosecutor not later than one month from the date of discovering of the circumstances that are the basis for the revision of the judicial act.

The application shall be accompanied by documents confirming the sending of copies of the application and the documents attached thereto to other persons participating in the case.

At the request of the person who applied with the application, the missed deadline for filing the application may be restored by the court, provided that the application is filed no later than six months from the date of discovery of the circumstances that are the basis for the revision, and the court recognizes the reasons for missing the deadline as valid.

Article 271. Form and Content of an Application for Revising a Judicial Act that has entered into Legal Force Due to Newly Discovered Circumstances#

An application for revising a judicial act that has entered into legal force due to newly discovered circumstances shall be submitted to the court in writing. The application shall be signed by the person submitting it or his representative.

The application must indicate:

1) the name of the court to which the application is submitted;

2) the names (surname, name, patronymic) of the persons participating in the case, their location (postal address) or residence;

3) the name of the court that adopted the judicial act, the revision of which due to newly discovered circumstances is required by the applicant, the number of the case, the date of the adoption of the judicial act, the subject of the claim;

4) a newly discovered circumstance, which, in the applicant's opinion, is the basis for revising the judicial act, with reference to the documents;

5) the request of the person submitting the application;

6) a list of the attached documents.

The application must be accompanied by:

1) copies of documents confirming newly discovered circumstances;

3) a document confirming the sending of copies of the application and documents to other persons participating in the case;

4) if the application is signed by a representative — a document confirming the authority to sign it.

Article 272. Acceptance of an Application for Revising a Judicial Act that has entered into Legal Force Due to Newly Discovered Circumstances for Proceedings#

An application for revising a judicial act that has entered into legal force due to newly discovered circumstances, filed in compliance with the requirements of this Code to its form and content, shall be accepted for proceeding of the relevant court.

The question of accepting an application for court proceedings shall be decided by the judge solely no later than five days from the date of its receipt by the court.

A determination shall be issued on the acceptance of an application for proceedings.

A copy of the determination shall be sent to the persons participating in the case in the manner prescribed by Article 124 of this Code.

Article 273. Return of an Application for Revising a Judicial Act that has entered into Legal Force Due to Newly Discovered Circumstances#

The court shall return an application for revising a judicial act that has entered into legal force due to newly discovered circumstances, if:

1) the application was filed in violation of the rules established by Articles 270 and 271 of this Code ;

2) the application was submitted after the expiry of the established time limit and there is no petition for its restoration;

3) the reasons for missing the deadline are disrespectful, and therefore there is no reason to restore the missed deadline for filing an application.

A determination shall be issued on the return of the application.

The determination of the court on the return of the application may be appealed (protested).

After elimination of the circumstances specified in clauses 1 and 2 of the first part of this article, the person who submitted the application shall have the right to apply to the court again with the application.

Article 274. Procedure and Time Limit for Considering an Application for Revising a Judicial Act that has entered Into Legal Force Due to Newly Discovered Circumstances#

An application for revising a judicial act that has entered into legal force due to 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 involved in the case. However, the failure to appear of persons duly notified of the time and place of the court session shall not be an obstacle to the consideration of the application.

Article 275. Determination Issued by the Court based on the Results of Consideration of an Application for the Revision of a Judicial Act that has entered into Legal Force Due to Newly Discovered Circumstances#

Based on the results of consideration of an application for the revision of a judicial act that has entered into legal force, due to newly discovered circumstances, the court shall issue a determination to satisfy the application and cancel the previously adopted by it a judicial act or a refusal to satisfy the application.

A copy of the determination issued upon the results of consideration of an application for revising a judicial act that has entered into legal force due to newly discovered circumstances shall be sent to the persons participating in the case.

A determination issued upon the results of consideration of an application for revising a judicial act that has entered into legal force due to newly discovered circumstances may be appealed (protested).

In case of cancellation of a judicial act due to newly discovered circumstances, the case shall be considered by the same court that canceled the earlier adopted judicial act, in the general procedure established by this Code.

SECTION IV. EXECUTION OF JUDICIAL ACTS#

Article 276. Enforcement for Execution of Judicial Acts#

Judicial acts shall be enforced after their entry into legal force, except for cases of immediate execution, in the manner prescribed by legislation.

The execution of a judicial act shall be carried out on the basis of a decision (order), and the compulsory execution of a judicial act on the collection of monetary funds — on the basis of a writ of execution issued by a court.

Judicial acts that have entered into legal force are subject to execution by administrative bodies, self-government bodies of citizens and other bodies, organizations, as well as officials within one month from the date of their entry into legal force, unless another period is established by the court. Administrative bodies, citizens' self-government bodies and other bodies, organizations, as well as officials are obliged to notify the court of the execution of a judicial act.

In case of non-execution of a judicial act, a judicial fine is imposed by the court of first instance in the manner and amount established by Chapter 14 of this Code, and provides a repeated period for the execution of the judicial act, which may not exceed one month.

Article 277. Writ of Execution#

A writ of execution shall be a document issued by a court that certifies the right of a claimant to enforce a judicial act.

Article 278. Issuance of a Writ of Execution#

One writ of execution shall be issued for execution of a judicial act, with the exception of the cases provided for by this Code.

If the execution of the judicial act must be carried out in different places or in favor of several claimants, the court, at the request of the claimants, shall issue several writs of execution indicating the place of execution or that part of the judicial act, which is subject to execution under this writ of execution.

The writs of execution shall be issued by the court that adopted the judicial act.

The writ of execution shall be issued to the claimant or, at his request, shall be sent for execution to the state executor within five days after the entry into force of the judicial act.

The writ of execution shall be sent to individual claimants in the form of an electronic document via their personal account on the Single Interactive State Services Portal of the Republic of Uzbekistan — if available, and to legal entity claimants via the taxpayer's personal account.

If the individual 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.

A writ of execution for the collection of monetary funds to the budget shall be sent to the state executor at the location of the debtor within five days after the entry into force of the judicial act.

The writ of execution can be sent in the form of an electronic document.

Article 279. Content of a Writ of Execution#

The writ of execution must indicate:

1) the name of the court that issued the writ of execution;

2) the case for which the writ of execution was issued and its number;

3) the date of adoption of the enforceable judicial act;

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 who are individuals (or details of other identity documents for individuals who are not citizens of the Republic of Uzbekistan), as well as the taxpayer identification number of the claimant and the debtor who are legal entities;

5) the resume part of the judicial act;

6) the date of entry into force of the judicial act;

7) the date of issue of the writ of execution and the time limit for presenting it for execution.

The writ of execution issued on the basis of a court document shall be executed using the judgeʼs electronic digital signature and certified with a QR code (matrix barcode). In this case, if the writ of execution issued on the basis of a court document is to be enforced outside the Republic of Uzbekistan or, upon the request of the claimant, it may be issued (sent, provided) in paper form certified by the courtʼs seal and the judgeʼs signature.

Article 280. Time Limit for Presenting a Writ of Execution for Execution#

A writ of execution may be presented for execution within three years from the date of entry into force of a judicial act or from the next day after the adoption of a judicial act subject to immediate execution.

In the event that the execution of the judicial act was suspended, the time for which the execution was suspended shall not be counted in the time limit established for the presentation of the writ of execution for execution.

Article 281. Interruption of the Time Limit for Presenting a Writ of Execution for Execution#

Time limit for presenting a writ of execution for execution shall be interrupted by:

presentation of a writ of execution for execution;

partial execution of the writ of execution by the debtor.

After a break in the time limit for presenting a writ of execution for execution, the course of the time limit shall be resumed. The time elapsed before the interruption of the time limit shall not be included in the new time limit.

In the event that the writ of execution is returned to the claimant due to the impossibility of its full or partial execution, a new time limit for presenting the writ of execution for execution after the interruption shall be calculated from the day the writ of execution is returned to the claimant.

Article 282. Restoration of the Missed Deadline for Presenting a Writ of Execution for Execution#

A claimant who has missed the deadline for presenting a writ of execution for execution shall have the right to apply for the restoration of the missed time limit to the court that issued the writ of execution, or to the court at the place of its execution.

If the reasons for missing the deadline are recognized by the court as valid, the missed deadline may be restored.

The claimant's application for the restoration of the missed deadline for the presentation of the writ of execution for execution shall be considered in the court session within twenty days from the date of its receipt by the court.

The claimant, the debtor shall be notified of the time and place of the court session by a court determination issued no later than five days from the date of receipt of the application, in the manner prescribed by Article 124 of this Code. However, the failure to appear of persons duly notified of the time and place of the court session shall not be an obstacle to the consideration of the application.

Based on the results of consideration of the application, a determination shall be issued, a copy of which shall be sent to the claimant and the debtor.

The determination can be appealed (protested).

Article 283. Issuance of a Duplicate of a Writ of Execution#

In case of loss of a writ of execution, the court that issued it may issue a duplicate of the writ of execution at the request of the claimant.

An application for the issue of a duplicate of a writ of execution may be filed before the expiration of the time limit established for the presentation of a writ of execution for execution, except in cases where the writ of execution was lost by the state executor or another person carrying out the execution and the claimant became aware of this after the expiration of the time limit established for the presentation a writ of execution for execution. In these cases, an application for the issuance of a duplicate of the writ of execution may be submitted within a month from the day when the claimant became aware of the loss of the writ of execution.

An application for the issue of a duplicate of a writ of execution shall be considered in a court session within twenty days from the date of receipt of the application by the court.

The claimant, the debtor shall be notified of the time and place of the court session by a court determination issued no later than five days from the date of receipt of the application, in the manner prescribed by Article 124 of this Code. However, the failure to appear of persons duly notified of the time and place of the court session shall not be an obstacle to the consideration of the application.

Based on the results of consideration of the application, a determination shall be issued, a copy of which shall be sent to the claimant and the debtor.

The determination can be appealed (protested).

Article 284. Reversal of the Execution of a Judicial Act#

If an enforced judicial act is changed or canceled and a new judicial act is adopted on full or partial refusal to satisfy the declared claim, or the proceedings on the case are terminated, or the application (complaint) is dismissed, the defendant shall be returned all that what was recovered from him in favor of the applicant under a judicial act canceled or amended in the relevant part.

If an unexecuted judicial act is canceled or amended and a new judicial act has been adopted on full or partial refusal to satisfy the declared claim, or the proceedings on the case are terminated or the application (complaint) is dismissed, the court shall adopt a judicial act on the full or partial termination of the collection on the canceled or a judicial act amended in the relevant part.

Article 285. Resolution of the Issue of Reversal of the Execution of a Judicial Act#

An issue of reversal of the execution of a judicial act shall be resolved by the court that adopted a new judicial act, which canceled or amended the previously adopted judicial act.

If the order to cancel or amend the judicial act does not indicate a reversal of its execution, the defendant shall have the right to submit a corresponding application to the court of first instance.

An application for the reversal of the execution of a judicial act shall be considered by the court within twenty days from the date of receipt of the application by the court without summoning the parties and court proceedings.

The application shall be accompanied by a document confirming the execution of a previously adopted judicial act.

Based on the results of consideration of the application for the reversal of the execution of the judicial act, a determination shall be issued.

The determination can be appealed (protested).

In case of satisfaction of the application for the reversal of the execution of the judicial act, the court shall issue a writ of execution for the return of the collected monetary funds.

Article 286. Suspension and Termination of Enforcement Proceedings#

The court, upon the application of a claimant, debtor, or state executor, may suspend or terminate enforcement proceedings initiated by the state executor on the basis of a writ of execution issued by the court, in cases stipulated by law.

Suspension and termination of enforcement proceedings initiated on the basis of a writ of execution issued by an administrative court shall be carried out by the same court or an administrative court at the location of the state executor.

An application for the suspension or termination of enforcement proceedings shall be considered by the court within twenty days from the date of receipt without summoning the parties and court proceedings.

Based on the results of consideration of the application for suspension or termination, a determination shall be issued, a copy of which shall be sent to the claimant, the debtor, as well as the state executor.

The determination may be appealed (protested) within ten days from the date of its adoption.

Article 287. Resumption of Enforcement Proceedings#

Enforcement proceedings shall be resumed at the request of a claimant, a state executor by the court that suspended the enforcement proceedings, after the reasons or circumstances that served as the grounds for its suspension have been eliminated.

An application for the resumption of enforcement proceedings shall be considered by the court within ten days from the date of receipt without summoning the parties and court proceedings.

Based on the results of consideration of the application, a determination shall be issued, a copy of which shall be sent to the claimant, the debtor, and also the state executor.

The determination on the refusal to resume enforcement proceedings may be appealed (protested).

Article 288. Revocation of a Writ of Execution and Issuance of a New Writ of Execution#

The court, upon the application of the claimant, the debtor, the state executor or on its own initiative, without summoning the parties and court proceedings, shall have the right to revoke the writ of execution issued by it with misprints, typos, arithmetic errors, as well as issued on the basis of amended (canceled) judicial act and issue a new writ of execution instead.

Based on the results of considering an application for revoking a writ of execution and issuing a new writ of execution, a determination shall be issued, a copy of which shall be sent to the claimant, the debtor, as well as the state executor, if the execution of the judicial act is in the proceedings of the state executor.

A writ of execution issued with misprints, typos, arithmetic errors or issued on the basis of an amended (canceled) judicial act shall be returned by a claimant or a state executor without execution to the court that issued it.

The determination on the revocation of the writ of execution and the issuance of a new writ of execution may be appealed (protested).