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

of May 21, 2004 No. 5

About practice of consideration of civil cases in appeal procedure

Studying and generalization of appeal practice on civil cases showed that, considering petitions for appeal and protests, courts check legality and justification of decisions and determinations of Trial Courts, correct the mistakes made by them, promoting the correct administration of law and strengthening of legality in civil legal relationship.

At the same time, in activity of the courts of appellate instance there are certain shortcomings. In some cases it is not checked whether there correspond conclusions of Trial Court to the facts of the case and the law, whether the rules of procedural law are respected. Quite often when leaving the decision without change in determinations only the facts of the case established by Trial Court are stated, but motives for which arguments of the claim or protest are acknowledged wrong or not being the basis to cancellation of the decision are not specified.

Mistakes in application of the regulations determining powers of Appeal Court are made the facts of the unreasonable direction of cases on new trial take place, the term of hearing of cases provided by the Art. 331 GPK is broken.

The specified mistakes reduce influence of Appeal Courts on quality of consideration of civil cases by Trial Courts, generate red tape that has an adverse effect on efficiency of justice.

For the purpose of ensuring single practice of consideration of civil cases in appeal procedure, the Plenum of the Supreme Court, being guided by article 17 of the Law of the Republic of Uzbekistan "About courts",

DECIDES:

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