Approved by the resolution of Presidium of the Supreme Economic Court of the Republic of Uzbekistan of March 24, 2005 No. 21
About control of execution of court resolutions
Due to the questions arising in court practice connected with non-execution (improper execution) by legal executives of the court resolutions which took legal effect, the Supreme Economic Court of the Republic of Uzbekistan reports the following.
According to article 3 of the Law of the Republic of Uzbekistan of August 29, 2001 "About execution of court resolutions and acts of other bodies" forced execution of court resolutions is assigned to legal executives of district (city) departments of legal executives of territorial departments of Department of execution of judgments, to material and financial provision of activity of the courts under the Ministry of Justice of the Republic of Uzbekistan.
According to article 88 of the specified Law of action (failure to act) of the legal executive can be appealed in court. Thus, rejection by the legal executive of measures for execution of the court resolution which took legal effect or making of other wrongful acts can be object of judicial appeal.
Appeal is performed by filing of application (claim) with observance of the requirements provided by Chapter 15 of the Economic Procedure Code of the Republic of Uzbekistan.
Economic courts should mean that the specified statements (claims) are subject to consideration in the same procedure as arising from administrative legal relations with some features.
The question of cognizance of these statements should be resolved, proceeding from regulations of article 38 of the Law "About Execution of Court Resolutions and Acts of Other Bodies" where it is determined that the economic court which issued court resolution or economic court in the location of the legal executive can be the place of consideration.
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