LAW OF THE REPUBLIC OF UZBEKISTAN

of December 25, 2023 No. ZRU-888

About modification and amendments in the economic Procedure Code of the Republic of Uzbekistan in connection with enhancement of procedure for test of legality and justification of judgments

Accepted by Legislative house on August 1, 2023

Approved by the Senate on October 27, 2023

In recent years for further expansion of access of the population to justice within the principle "New Uzbekistan - new court" the important reforms aimed at providing priority of human dignity are performed.

In particular, in our country consecutive works on further enhancement of judicial system of law, strengthening of measures of reliable protection of the rights and legitimate interests of citizens and entrepreneurs, effective ensuring justice are carried out. As a result of the carried-out work the level of protection of the rights and legitimate interests of persons in the course of administration of law moved to new level.

At the same time today the analysis of institute of review of judgments, shows need of review of the operating procedure by enhancement of this institute.

This Law makes the changes and additions in the Economic Procedure Code of the Republic of Uzbekistan providing review of the cases considered by interdistrict, district, city courts in Trial Court in the regional and equated to them courts in appeal or cassation procedure considered by the regional and equated to them courts in appeal or cassation procedure, in the same courts in auditing procedure considered by the regional and equated to them courts in auditing procedure in Judicial board on economic cases of the Supreme Court of the Republic of Uzbekistan in auditing procedure, in exceptional cases review of the cases considered by Judicial board on economic cases of the Supreme Court of the Republic of Uzbekistan in Presidium of the Supreme Court of the Republic of Uzbekistan in auditing procedure also cancellation of procedure for the direction by courts of appeal and cassation instances of cases on new trial in Trial Courts and assignment on them of responsibility for removal of the final decision on case.

This Law will serve further improvement of quality of justice and the access level of citizens to justice, reliable ensuring protection of the violated rights and freedoms, and also legitimate interests of citizens by further enhancement of the mechanism of check of legality and justification of judgments and implementation of new procedure for review of judgments.

Article 1. 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 St 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, No. 8, Art. 803, No. 9, Art. 903; 2022, No. 3, Art. 216, No. 5, Art. 463, No. 6, Art. 577, No. 8, Art. 787; 2023, No. 4, Art. 269), following changes and amendments:

In paragraph four of part four of Article 3 of the word of "appeal and cassation instances" shall be replaced with words 1) "appeal or cassation, corresponding auditing instances";

Part third of Article 5 to state 2) in the following edition:

"By results of consideration of claims (protests) in appeal, cassation and auditing procedure resolutions are accepted by courts of appeal, cassation, auditing instances";

3) in Article 16:

in word part two "appeal and cassation" shall be replaced with words "appeal, cassation and auditing";

third to state part in the following edition:

"Consideration of the case in Presidium of the Supreme Court of the Republic of Uzbekistan in auditing procedure is performed jointly with the assistance of most of members of Presidium";

4) in Article 19:

"court appeal or cassation" to add part one after words with the words "or auditing";

the second after the words "in court appeal or cassation" to add part with the words "or auditing";

third after the words "in court of the first or cassation" to add part with the words "or auditing";

in part four of the word "in court of the first or appellate instance or in court of cassation instance in case of de novo review of this case according to Article 305-1 of this Code" shall be replaced with words "in court of the first or appeal or auditing instance";

add with part five of the following content:

"The judge who was involved in consideration of the case in court of auditing instance cannot participate in consideration of this case in court of the first, appeal or cassation instance, and also in case of reconsideration of the case in auditing procedure in court of higher instance";

"District (city)" shall be replaced with words 5) in part one of Article 32 of the word "district, city";

And the sixth Article 34 of the word "interdistrict, district (city)" shall be replaced with words 6) in parts five "interdistrict, district, city";

Part one of Article 49 to state 7) in the following edition:

"The action for declaration (statement) in interdistrict, district, city economic courts prosecutors of the Republic of Karakalpakstan, areas, the city of Tashkent, areas (cities) and prosecutors or their deputies equated to them, and in Court of the Republic of Karakalpakstan, regional and Tashkent city show courts - prosecutors of the Republic of Karakalpakstan, areas, the city of Tashkent or their deputies";

8) in part three of Article 115 of the word "appeal or to writs of appeal" shall be replaced with words to "appeal, cassation and auditing claims";

9) in part nine of Article 118 of the word "appeal, the writ of appeal" shall be replaced with words "the appeal, cassation and auditing claim";

Part the seventh articles 133 after words "appeal or cassation" to add 10) with the words "or auditing";

Shall be replaced with words 11) in part four of Article 166 of the word of "the first, appeal and cassation instances" "courts of the first, appeal, cassation and auditing instances";

12) in Article 259 part two the word of "parties" shall be replaced with words "persons specified in part one of this Article";

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