(extraction)
of June 30, 2005 No. 45
Violation or the wrong application of regulations of procedural law is the basis to cancellation of the decision or court order
JSC B appealed to economic court with the action for declaration to the Tashkent regional territorial administration of the State committee of the Republic of Uzbekistan on demonopolization and development of the competition (further territorial administration) about recognition of the decision of May 19, 2003 invalid regarding the collection of income amount received from realization of vapor, and penalty in the same size.
Claims are satisfied by the decision of economic court partially, the decision of May 19, 2003 is nullified regarding application of the sanction on pricing of technological vapor.
The judgment is left by the resolution of appellate instance without change.
The decision and the court order are left by the resolution of judicial board of the Supreme Economic Court without change.
In protest the question of cancellation of judgments of court of the first, appeal and cassation instances with the direction of case on new trial is put.
Presidium, having discussed protest arguments, finds it subject to satisfaction on the following bases.
As it is seen from case papers, based on the order of prosecutor's office of the Tashkent region the staff of territorial administration performed financial and economic activities of JSC B regarding observance of requirements of the antitrust law. By results of check the statement of May 12, 2003 is drawn up, and also the instruction of May 19, 2003 about voluntary payment is sent to the claimant to the budget and into the special account of the defendant of unreasonably gained income in the amount of 54285766 bags. Besides, the decision of territorial administration of May 19, 2003 to the claimant applies the financial sanction in the same size.
The Trial Court by consideration of dispute allowed violation of procedural rules, and courts of appeal and cassation instances did not pay attention to the allowed violations.
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