of December 12, 2008 No. 24
About some questions arising in court practice in connection with appointment, production of judicial examination and assessment of the expert opinion on civil cases
Having discussed practice of appointment and production of examination by courts, and also expert opinion estimates on civil cases, the Plenum of the Supreme Court of the Republic of Uzbekistan notes that examination gains ground in civil process.
Courts generally correctly apply regulations of the procedural law in case of purpose of examination.
Sometimes cases of permission of cases without examination production when it is obligatory based on the circumstances of a matter meet. On the other hand, in certain cases courts appoint examination for clarification of questions which permission does not require special knowledge, or put legal and other issues, answers to which go beyond their competence, before experts.
For the purpose of enhancement of court practice to destination, to examination production, and also expert opinion assessment on civil cases, being guided by article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts to need of the correct and most complete use of achievements of science, art, the equipment or craft for the purpose of comprehensive and objective investigation of circumstances of civil case, by production of examination in all cases when for permission of the questions which arose in case of legal proceedings special knowledge of these areas are required.
2. Judicial examination is understood as the legal proceeding of court consisting in carrying out researches and making the conclusion on questions which permission requires special knowledge.
Judicial and expert activities - the system of the actions performed by representatives on that bodies, consisting in the organization and production of examination.
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