LAW OF THE REPUBLIC OF UZBEKISTAN

of September 16, 2021 No. ZRU-716

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with creation of more favorable conditions for appeal to the court and implementation of procedure for the simplified production in civil process

Accepted by Legislative house on July 24, 2021

Approved by the Senate on August 27, 2021

Article 1. Bring in the Code of penal procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2013-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Art. 5; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Art. 269; 1997, No. 2, Art. 56, No. 9, Art. 241; 1998, Art. No. 5-6, 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, No. 1-2, of the Art. of the Art. 11, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 9, Art. 165; 2003, No. 5, Art. 67; 2004, Art. No. 1-2, 18, No. 9, Art. 171; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Art. 418; 2006, No. 6, Art. 261; 2007, No. 4, Art. 166, No. 6, Art. of the Art. 248, 249, No. 9, Art. 422, No. 12, Art. of the Art. 594, 595, 607; 2008, No. 4, Art. of the Art. 177, 187, No. 9, Art. of the Art. 482, 484, 487, No. 12, Art. of the Art. 636, 641; 2009, No. 1, Art. 1, No. 4, Art. 136, No. 9, Art. 335, No. 12, Art. of the Art. 469, 470; 2010, No. 6, Art. 231, No. 9, Art. of the Art. 334, 336, 337, 342, No. 12, Art. 477; 2011, No. 4, Art. of the Art. 103, 104, No. 9, Art. 252, No. 12/2, Art. 363; 2012, No. 1, Art. 3, No. 9/2, Art. 244, No. 12, Art. 336; 2014, No. 9, Art. 244; 2015, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. 385; 2017, No. 3, Art. 47, No. 6, Art. 300, No. 9, Art. of the Art. 506, 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 5, No. 4, Art. of the Art. 218, 224, No. 7, Art. of the Art. 430, 431, No. 10, Art. 679; 2019, No. 1, Art. of the Art. 3, 5, No. 2, Art. 47, No. 3, Art. 161, No. 5, Art. of the Art. 259, 267, No. 7, Art. 386, No. 8, Art. 469, No. 9, Art. of the Art. 589, 592, No. 10, Art. 671, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 881, 891; 2020, No. 3, Art. 204, No. 5, Art. 296, No. 12, Art. 689; 2021, No. 1, Art. of the Art. 5, 11, 13, 14, No. 2, Art. of the Art. 142, 144, appendix to No. 4), following changes and amendments:

Item 1 of Article 397 to state 1) in the following edition:

"1) number of legal case, time and place of removal of determination";

Item 1 of Article 405-4 to state 2) in the following edition:

"1) number of legal case, time and place of removal of determination";

3) in part three of Article 426 of the word "the place and date of meeting with designation of time of its beginning and the termination" shall be replaced with words "number of legal case; the place and date of meeting with designation of time of its beginning and the termination";

Item 1 of Article 466 to state 4) in the following edition:

"1) number of legal case, time and place of the resolution of sentence";

Item 3 parts one of Article 497-8 after the words "the name of the court which pronounced sentence" to add 5) with the words "number of legal case";

Item of 1 part two of Article 497-31 to state 6) in the following edition:

"1) number of legal case, date and place of removal of determination";

Item 3 of Article 501 to state 7) in the following edition:

"3) number of legal case, date of adjudgement, determination about which the complaint, protest, the name of court of the first and appellate instance is made";

8) in Article 502:

2 parts one to exclude Item;

in part two of the word "in Items 1 and 2" shall be replaced with words "in Item 1";

Item 1 of Article 508 to state 9) in the following edition:

"1) number of legal case, time, place of removal of determination";

Item of 1 part one of Article 509 to state 10) in the following edition:

"1) number of legal case, time, place of removal of determination";

Item of 1 part one of Article 509-10 to state 11) in the following edition:

"1) number of legal case, date and place of removal of determination";

Part the second Article 577 to state 12) in the following edition:

"In the prolog of determination the court specifies number of legal case, name, middle name, surname of person about which case, day, month, year and the place of its birth, the residence, place of employment, occupation, education and other information about the personality which matter for case is considered";

Item of 1 part two of Article 586 to state 13) in the following edition:

"1) number of legal case, time and place of removal of determination";

Item of 1 part one of Article 591 to state 14) in the following edition:

"1) number of legal case, time and place of removal of determination".

Article 2. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, 5, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, 432, No. 10, Art. of the Art. 671, 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5, No. 2, Art. 47, No. 3, Art. of the Art. 161, 165, 166, No. 5, Art. of the Art. 259, 261, 267, 268, No. 7, Art. 386, No. 8, Art. of the Art. 469, 471, No. 9, Art. of the Art. 591, 592, No. 10, Art. of the Art. 674, 676, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 891; 2020, No. 1, Art. 4, No. 3, Art. of the Art. 203, 204, No. 7, Art. 449, No. 9, Art. of the Art. 539, 540, No. 10, Art. of the Art. 593, 596, No. 11, Art. 651, No. 12, Art. 691; 2021, No. 1, Art. of the Art. 5, 7, 12, 13, 14, No. 2, Art. 142, No. 3, Art. 217, No. 4, Art. of the Art. 290, 293, appendix to No. 4), following changes and amendments:

Item of 1 part one of Article 308 to state 1) in the following edition:

"1) number of legal case, date and place of meeting";

2) in part two of Article 309 of the word "date of consideration of the case" shall be replaced with words "number of legal case; date of consideration of the case";

3) in Article 324-13:

to add item 4 of part one with the words "and number of legal case";

third to exclude part;

4) in Article 324-14:

3 parts one to exclude Item;

in part two of the word "in Items 1 - 3" shall be replaced with words "in Items 1 and 2";

Item of 1 part one of Article 324-18 to state 5) in the following edition:

"1) number of legal case, time and place of removal of determination";

Item 2 parts one of Article 324-24 to state 6) in the following edition:

"2) number of legal case, date and place of acceptance of determination";

Item 2 parts three of Article 324-31 to exclude 7).

Article 3. Bring in the Code of civil procedure of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of January 22, 2018 No. ZRU-460 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, appendix 1 to No. 1, No. 10, Art. 672; 2019, No. 3, Art. 166, No. 5, Art. 261, No. 9, Art. 592, No. 10, Art. 671, No. 11, Art. of the Art. 791, 792, No. 12, Art. 880; 2020, No. 1, Art. of the Art. 1, 3, No. 3, Art. of the Art. 198, 199; 2021, No. 1, Art. 8, appendix to No. 4), following changes and amendments:

Part the fourth Article 51 to state 1) in the following edition:

"The refusal of the claimant of the claim which was made in protection of its rights by the prosecutor attracts leaving of the action for declaration (statement) without consideration if the rights, freedoms and legitimate interests of the third parties are not affected";

Article 53 to add 2) with part two of the following content:

"The refusal of the claimant (applicant) of the action for declaration (statement) which was shown in protection of its rights by state body, the organization and the other person attracts leaving of the action for declaration (statement) without consideration if the rights, freedoms and legitimate interests of the third parties are not affected";

Article 122 to add 3) with Item 9-1 of the following content:

"9-1) claimant for the benefit of whom the prosecutor, by state body, the organization and the other person makes the claim refused the claim and at the same time the rights, freedoms and legitimate interests of the third parties are not affected";

4) in Article 123:

to add part one after figure "10" with figure "10-1";

in word part two "Items 1, 3 and 4" shall be replaced with words "Items 1, of 3, 4 and 10-3";

in part three of the word "in Items 5, 6 and 7" shall be replaced with words "in Items 5, of 6, 7 and 10-2";

The text of Article 125 to state 5) in the following edition:

"Proceeedings stop determination of court. If production is stopped owing to not jurisdiction of case to court and the dispute resolution is within the competence of other state body, the court shall specify to what body the applicant should address";

Item of 1 part one of Article 178 to state 6) in the following edition:

"1) file number and date of issue of the order";

Part third of article 194 after the words "if requirement not subordinated court" to add 7) with the words "and the dispute resolution is within the competence of other state body";

To state the text of Article 270 in the following edition:

"The copy of court resolution goes to the parties and other persons participating in case no later than five days from the date of its removal by the registered mail with the assurance of receipt or is handed on receipt, and in the presence at them e-mail addresses it can be directed in the form of the electronic document.

In the cases provided by this Code, the court directs the copy of court resolution and to other persons";

Item of 1 part one of Article 272 to state 9) in the following edition:

"1) file number, time and place of removal of determination";

To add 10) with Chapter 25-1 of the following content:

"Chapter 25-1. The simplified production

Article 279-1. Consideration of the case according to the procedure of the simplified production

Case according to the procedure of the simplified production is considered by court by the general rules of claim production provided by this Code taking into account the features established by this Chapter.

Article 279-2. The cases considered according to the procedure of the simplified production

According to the procedure of the simplified production are subject to consideration of the case on actions for declaration if the claim price concerning legal entities does not exceed twenty, concerning individual entrepreneurs - ten, and concerning physical persons - five basic settlement sizes.

According to the petition of the claimant in case of the consent of the defendant according to the procedure of the simplified production also other cases can be considered if there are no circumstances specified in parts three and the fifth this Article.

The court takes out determination about consideration of the case on general rules of claim production if during consideration of the case according to the procedure of the simplified production the following circumstances are established:

Consideration of the case according to the procedure of the simplified production can lead 1) to disclosure of the state secret, the commercial or protected by the law other secret;

2) it is necessary to find out additional circumstances or to research corroborating evidences, and also to perform inspection and research of proofs on the place of their stay, to appoint examination or to hear the testimony;

3) the declared requirement is connected with other requirements, including concerns the third parties, or the rights and interests of the third parties protected by the law can be violated by the court resolution adopted on this case;

4) during consideration of the case according to the procedure of the simplified production the counter action which is not subject to consideration by the rules established by this Chapter is submitted.

In determination about transition to consideration of the case on general rules of claim production the bases for transition to general procedure are specified. After determination removal consideration of the case is made at first.

If several requirements connected among themselves, one of which treats the requirements specified in part one of this Article, and others, are declared - do not concern to them, all requirements are subject to consideration by the general rules of claim production established by this Code.

The term of consideration of the case is estimated from the date of removal of determination about consideration of the case on general rules of claim production.

Article 279-3. Requirements to the action for declaration on the case considered according to the procedure of the simplified production

The action for declaration on the case considered according to the procedure of the simplified production shall conform to requirements, stipulated in Article the 189th of this Code.

Documents, stipulated in Article 191 of this Code are attached to the action for declaration on the case considered according to the procedure of the simplified production.

Article 279-4. Features of consideration of the case according to the procedure of the simplified production

About adoption of the statement to production and initiation of proceedings the court takes out determination in which specifies consideration of the case according to the procedure of the simplified production and date of consideration of the case.

The court in determination about adoption of the statement to production and initiation of proceedings specifies to the defendant about need of provision of written opinion in the action for declaration before decision making.

Along with determination the court immediately sends to the defendant the copy of the action for declaration (statement) and the copy of the documents attached to it by mail or in the form of the electronic document through information system.

The defendant has the right to provide to court written opinion on the action for declaration with application of documents and proofs by which he locates.

The document confirming the direction of its copy to the claimant is attached to written opinion. The written opinion on the action for declaration is signed by the defendant or his representative. The power of attorney or other document certifying its powers is attached to the written opinion signed by the representative.

Non-presentation of written opinion on the action for declaration by the defendant does not interfere with consideration of the action for declaration according to the procedure of the simplified production.

The case considered according to the procedure of the simplified production is considered by the judge solely in time, not exceeding twenty days from the date of removal of determination about adoption of the statement to production and initiation of proceedings.

The term of consideration of the case according to the procedure of the simplified production is not subject to prolongation.

The court considers case according to the procedure of the simplified production without carrying out legal proceedings, challenge of the parties and hearing of their explanations.

The court researches stated in the documents of explanation, objection submitted by the parties and (or) arguments, gets acquainted with proofs and makes the decision.

Article 279-5. The decision on the case considered according to the procedure of the simplified production

The decision on the case considered according to the procedure of the simplified production is accepted by court by the general rules provided in Chapter 23 of this Code taking into account the features established by this Chapter.

The decision on the case considered according to the procedure of the simplified production takes legal effect after ten days after its acceptance if the petition for appeal (protest) is not made.

The decision on the case considered according to the procedure of the simplified production is subject to execution based on the writ of execution issued by court by rules of the Section V of this Code.

In case of submission of the petition for appeal (protest) the decision if it is not cancelled, takes legal effect from the date of adoption of the court order of appellate instance.

The decision on the case considered according to the procedure of the simplified production can be reviewed in appeal and cassation procedure, including repeatedly in court of cassation instance, and also on newly discovered facts, based on the rules provided by the Section IV of this Code";

The text of Article 284 to state 11) in the following edition:

"To the parties the copy of the correspondence decision no later than five days from the date of its removal goes the registered mail with the assurance of receipt or is handed on receipt, and in the presence at them e-mail addresses it can be directed in the form of the electronic document";

12) in Article 385-1:

add with part two of the following content:

"The petition for appeal (protest) on the judgment on the case considered according to the procedure of the simplified production can be submitted within ten days after its acceptance";

parts the second, third and fourth to consider respectively parts three, the fourth and fifth;

Item 3 parts one of Article 386 to state 13) in the following edition:

"3) the file number, specifying for date of decision, determination, the resolution which is appealed (is protested), and the court which decided these court resolutions";

The paragraph the fourth parts one of Article 387 to exclude 14);

15) in Article 395:

add with part two of the following content:

"The petition for appeal (protest) on the judgment on the case considered according to the procedure of the simplified production is considered within fifteen days from the date of its receipt in court";

the second to consider part part three;

Item of 1 part one of Article 399-4 to state 16) in the following edition:

"1) file number, date and place of removal of determination";

Item 3 parts one of Article 406 to state 17) in the following edition:

"3) the file number, specifying for date of decision, determination, the resolution which is appealed (is protested), and the court which decided this court resolution";

18) in Article 407:

third to exclude part;

the fourth to consider part part three;

Item 2 parts one of Article 407-4 to exclude 19);

Item of 1 part one of Article 419-1 to state 20) in the following edition:

"1) file number, date and place of removal of determination";

Item 2 parts three of Article 441 to exclude 21).

Article 4. Bring in the Economic Procedure Code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of January 24, 2018 No. ZRU-461 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, appendix 2 to No. 1, No. 7, the Art. 433, No. 10, Art. 672; 2019, No. 3, Art. 166, No. 5, Art. of the Art. 261, 266, No. 9, Art. 592, No. 10, Art. 671, No. 11, Art. 791, No. 12, Art. 880; 2020, No. 1, Art. 1, No. 3, Art. 198, No. 10, Art. 593; 2021, No. 1, Art. 10, appendix to No. 4), following changes:

5 parts one of Article 155 of the word "and on the cases considered according to the procedure of the simplified production-deliveries to the defendant of copies of the action for declaration and the documents attached to it" to exclude 1) from Item;

To exclude 2) from part two of Article 203-3 of the word "and also proofs about delivery to the defendant of the copy of the action for declaration and the documents attached to it";

Shall be replaced with words 3) in part two of Article 203-4 of the word "from the moment of delivery to it copy of the action for declaration" "from the date of removal of determination about adoption of the action for declaration to production and initiation of proceedings";

4) in Article 203-5:

the second to exclude part;

speak rapidly the third, fourth and fifth to consider respectively parts two, the third and fourth;

the fourth to state part in the following edition:

"The decision on the case considered according to the procedure of the simplified production is subject to forced execution by rules of the Section V of this Code based on the writ of execution issued by court";

Item 2 parts three of Article 329 to exclude 5);

To exclude 6) from part two of Article 334 of the word "and also decisions on the cases considered according to the procedure of the simplified production".

Article 5. Item 2 parts three of article 271 of the Code of the Republic of Uzbekistan about administrative legal proceedings approved by the Law of the Republic of Uzbekistan of January 25, 2018 No. ZRU-462 (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, appendix 3 to No. 1, No. 10, Art. 672; 2019, No. 5, Art. 261, No. 9, Art. 592, No. 11, Art. 791, No. 12, Art. 880; 2020, No. 1, Art. 1, No. 3, Art. 198; 2021, No. 1, the Art. 662, appendix to No. 4) to exclude.

Article 6. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 7. This Law becomes effective from the date of its official publication.

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