RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of May 14, 2022 No. 9

About modification and amendments in some resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan

Due to the modification and amendments in the legislation, and also for the purpose of uniform application of regulations of substantive and procedural law, based on article 22 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

Make changes and additions to the following resolutions of the Plenum of the Supreme Court of the Republic of Uzbekistan:

1. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of February 27, 1996 No. 3 "About court practice on cases on adverse possession by weapon":

state Item 2 in the following edition:

"2. Explain that according to the Law of the Republic of Uzbekistan "About weapon" of July 29, 2019:

it is necessary to understand the weapon intended for mechanical defeat of the purpose at distance by the shell receiving directed movement due to energy of powder or other charge as firearms;

it is necessary to understand as the main parts of firearms - trunk, lock, shop (drum), frame, receiver;

ammunition are understood as the objects of arms and metayemy equipment to weapon intended for defeat of live or other purpose and containing explosive, powder, throwing, pyrotechnic or vyshibny charges or their combination;

it is necessary to understand gunpowder, dynamite, trotyl, nitroglycerine and other chemicals and mixes having capability to explosion without air oxygen access as explosives;

it is necessary to understand such devices assembled equipped with explosive and intended for explosion production as destructive devices.

Pneumatic guns, flare, starting, gas guns or gas sprays, flare pistols and other imitating and pyrotechnic and lighting means do not belong to firearms";

in Item 3 after words of "law-enforcement bodies" to add with words ", territorial administrations of National guard";

in paragraph three of Item 5 of the text in Uzbek to replace the word "yikish" with the word "yigish";

in paragraph four of Item 8 of the word "according to Art. 221 of the Code about the administrative responsibility of the Republic of Uzbekistan" shall be replaced with words "under article 221 of the Code of the Republic of Uzbekistan about the administrative responsibility";

state Item 14 in the following edition:

"14. To court of the Republic of Karakalpakstan, regional, Tashkent city by hearing of cases in appeal procedure to provide to courts, Military court of the Republic of Uzbekistan due supervision of quality of hearing of cases of the specified categories and to take necessary measures to timely correction of miscarriages of justice".

2. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of March 15, 1996 No. 9 "About court practice on cases on crimes and other offenses in the field of trade":

in paragraph one of Item 1 of the word "and punishments" to exclude;

state Item 5 in the following edition:

"5. Explain that according to the current legislation on occupation separate types of activity special permission (license) is required. Lack of such permission attracts responsibility under Articles 165, 176-3 Codes about the administrative responsibility. If occupation is integrated by such activities to income acquisition in especially large size, actions of the guilty person are subject to qualification on part five of article 190 of the Criminal code or on the Items "and", "b" of part six of article 190 of the Criminal code.

In cases of implementation by person of business activity which occupation according to the current legislation requires special permission (license) without state registration with receipt of the uncontrollable income in especially large size, its actions should be qualified under article 188 of the Criminal code and additional qualification under article 190 of the Criminal code it is not required";

the paragraph one of Item 11 to state in the following edition:

"According to article 4 of the Code of the Republic of Uzbekistan about administrative legal proceedings any citizen has the right to appeal decisions or actions of tax authorities or any other official in court";

in Item 13 of the word of "administrative cases" shall be replaced with words "cases on administrative offenses";

in Item 13-1:

word in paragraph one to "Bodies of pretrial investigation" shall be replaced with words to "Bodies of inquiry, pretrial investigation";

in subparagraph one of paragraph two of the word", supervising" to exclude;

exclude Item 13-2;

exclude Item 13-3;

in Item 14 of the word "To chairmen of justices of the Republic of Karakalpakstan on criminal cases, regional, Tashkent city to criminal court judges, and also Military court of the Republic of Uzbekistan" shall be replaced with words "To court of the Republic of Karakalpakstan, regional and Tashkent city to courts, and also Military court of the Republic of Uzbekistan".

3. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan of December 20, 1996 No. 1/60 "About judicial authority":

in Item 6 of the word "Article 10" shall be replaced with words "Article 16";

in Item 10 of the word "Article 11" shall be replaced with words "Article 91";

in Item 12 of the word "The Judge Can Not Be Brought to Trial or Is Detained without the Consent of the Plenum of the Supreme Court of the Republic of Uzbekistan" shall be replaced with words "The judge cannot be brought to trial, is taken into custody without receipt of the conclusion of the Supreme judicial council of the Republic of Uzbekistan and without the consent of the Plenum of the Supreme Court of the Republic of Uzbekistan";

Item 14 in paragraph five to replace the word "punishments" with the word of "responsibility".

4. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of December 20, 1996 No. 36 "About court practice on cases on crimes and other offenses in the field of environmental protection and environmental management":

in paragraph one of Item 6 of the text in word Uzbek "Ўзбекистон Respublikasi "the Ecologician examination of t¸grisid" ги Konunning of 12-moddasig мувофик "shall be replaced with words" Ўзбекистон Respublikasi "the Ecologician examination of t¸grisid" ги Konunining of 13-moddasig мувофик";

state Item 7 in the following edition:

"7. According to article 245 of the Code of the Republic of Uzbekistan about the administrative responsibility cases on administrative offenses in the field of ecology, environmental protection and environmental management, responsibility for which is provided by Articles 66, of 67, part two of Article 70-1, part two of Article 70-2, Article 76 (regarding damage of water management constructions), parts three and the fourth Article 77, Article part two 79, parts two, third, fourth Article 90, Article 90-1, part four of Article 91-1, article 94 of this Code, are subordinated to criminal court judges";

in Item 8:

in paragraph one of the word "according to the licenses granted by the State committee of the Republic of Uzbekistan on ecology and environmental protection" shall be replaced with words "on the permissions issued by the state committee of the Republic of Uzbekistan on ecology and environmental protection and Academy of Sciences of the Republic of Uzbekistan";

in paragraph three of the word "Responsibility according to the Item "and" of Part 2 of Article 202 of the Criminal Code" shall be replaced with words "Responsibility on the Item of part 3 of article 202 of the Criminal code";

in Item 17 of the word "To court of the Republic of Karakalpakstan on criminal cases, regional, Tashkent city to criminal court judges" shall be replaced with words "To court of the Republic of Karakalpakstan, regional, Tashkent city to courts";

5. In Item 7 of the resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of December 20, 1996 No. 37 "About court practice about stealing of vehicles of" the word "To court of the Republic of Karakalpakstan on criminal cases, regional, Tashkent city to criminal court judges" shall be replaced with words "To court of the Republic of Karakalpakstan, regional and Tashkent city to courts".

6. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of December 20, 1996 No. 39 "About application by courts of the legislation providing the right to justifiable defense from socially dangerous encroachments":

in Item 1 of the text in word Uzbek "rukhiya касаллик" shall be replaced with words "akl норасолик";

in Item 15 of the word "To court of the Republic of Karakalpakstan on criminal cases, regional, Tashkent city to criminal court judges" shall be replaced with words "To court of the Republic of Karakalpakstan, regional and Tashkent city to courts".

7. The resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan of April 17, 1998 No. 11 "About some questions which arose in court practice on cases on crimes in the field of economy":

in paragraph one of item 4 of the word "does not require additional qualification under article 205 UK" shall be replaced with words "does not require additional qualification under articles 192-11, 205 UK";

in paragraph one of Item 6 of the word "the applications of administrative punishment made later for the same actions" shall be replaced with words "the execution of the administrative punishment applied for the same actions made within one year from the date of the termination (and in cases of non-execution of administrative punishment - from the date of the termination of term of its execution)";

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