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

of December 23, 2005 No. 136

About application of the economic Procedure Code of the Republic of Uzbekistan by hearing of cases in cassation instance

The plenum notes that development of the market relations in the republic, change of patterns of ownership, extension of contacts between business entities and foreign investors leads to increase in number of economic disputes.

Review of court resolutions in cassation procedure is one of methods of protection of the rights and interests of business entities and entrepreneurs.

The analysis of court practice shows that in case of execution of the writs of appeal and protests arriving on decisions, resolutions and determinations of courts, their acceptance to production, consideration and permission uniform application of regulations of procedural law is not always provided.

For the purpose of ensuring uniformity in practice of application of the Economic Procedure Code of the Republic of Uzbekistan (further HPK) by hearing of cases in cassation instance, being guided by article 47 of the Law "About Courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan decides:

1. Explain to economic courts that consideration of decisions, resolutions, the determinations of economic court which took legal effect in court of cassation instance is of great importance for the correct, uniform application of the law and error correction allowed by economic courts. Therefore it is necessary to draw the attention of court of cassation instance to strict observance of the procedure for hearing of cases established by the law, need of comprehensive check of arguments of the writ of appeal (protest) and compliance of conclusions of court to the established facts of the case and the law.

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