of May 5, 2004 No. 10-0317/3936
(extraction)
Person to whom the power of attorney is issued shall make those actions on which it is authorized.
The Tashkent municipal government of justice addressed with the claim for the benefit of JV Rezvan Fajre Omid So. LTD Parranda-Invest LLC about collection 24920, of 45 US dollars.
Proceeedings are stopped by determination of Economic court of the city of Tashkent of December 23, 2003.
In appeal procedure case was not considered.
The prosecutor's office of Tashkent addressed with the prosecutor's appeal in which it asks determination to cancel and send case for new trial.
Judicial board, having discussed arguments of the prosecutor's appeal, having checked case papers, considers that the protest needs to be satisfied, determination to cancel, submit the case on new trial on the first instance.
As it is seen from case papers, the Tashkent municipal government of justice took a legal action with the claim for the benefit of JV Rezvan Fajre Omid Co. LTD to Parranda-Invest LLC about collection 24920, of 45 US dollars.
However, according to the statement of December 23, 2003, the representative of the Tashkent municipal government of justice (л.д. 32), refused the declared claim.
The Trial Court unreasonably accepts abandonment of claim and proceeedings are stopped.
According to Article 51 of the Economic Procedure Code RUZ of power of the representative shall be expressed in the power of attorney issued and which is drawn up according to the law.
According to Art. 52 of HPK RUZ the right of the representative about complete or partial refusal of claims shall be specially stipulated in the power of attorney issued represented.
As it is seen from the power of attorney the chief of the Tashkent municipal government of justice did not give to the representative authority on the right of complete or partial refusal of claims.
Therefore, the Trial Court when considering the case shall demand from it the proper power of attorney, and in case of impossibility to provide that, shall not accept abandonment of claim as declared by unauthorized person.
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