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

of December 18, 2009 No. 204

About some questions of application by economic courts of regulations of the procedural legislation in case of approval of the voluntary settlement

For the purpose of ensuring the correct and uniform application by economic courts of regulations of the Economic Procedure Code of the Republic of Uzbekistan in case of approval of the voluntary settlement, being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan, decides:

1. Draw the attention of economic courts (further - courts) that questions of the conclusion of the voluntary settlement participants of economic legal proceedings are regulated by regulations of the Economic Procedure Code of the Republic of Uzbekistan (further - EPK) and the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies".

2. Courts should mean that the voluntary settlement is understood as the written agreement of the parties about dispute settlement directed to achievement of definiteness concerning claim (requirements) on the basis of reciprocal concessions.

Person who is not participating in case cannot participate in the dispute resolution the voluntary settlement, except for the voluntary settlements signed by the creditor and the debtor by hearing of cases about insolvency.

4. According to Item 8 parts one of article 163 EPK, by preparation of case for legal proceedings, take measures to conciliation of the parties. With respect thereto, determination about adoption of the action for declaration and preparation of case for legal proceedings shall contain the offer of court to the parties to settle dispute peacefully.

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