RESOLUTION OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of October 18, 2004 No. 10-0320/3858

(extraction)

The customs applicant bears in full responsibility, stipulated by the legislation irrespective of whether he is person moving goods or the customs broker.

The claimant - SILK LAND LLC appealed to economic court with the action for declaration to JV KONTAKT about collection of 8417888 bags.

The Tashkent municipal government of justice for the benefit of JV KONTAKT appealed to economic court with the counter action for declaration to SILK LAND LLC about collection of 5179258 bags.

Determination of economic court of December 22, 2003 approves the voluntary settlement and proceeedings are stopped.

Determination of court is left by the resolution of appellate instance of February 12, 2004 without change.

Determination and the court order are cancelled by the resolution of cassation instance of May 11, 2004 and case is sent for new trial.

The claim is satisfied with the decision of economic court of June 22, 2004 partially. It is collected from the defendant of only 7725396 bags of 36 t. Other part of the claim and the counter action it is refused.

The decision is left by the resolution of appellate instance of August 23, 2004 without change.

The Tashkent municipal government of justice in the writ of appeal asks to cancel judgments, to satisfy the petition of the Tashkent municipal government of justice for replacement with the proper defendant and to stop proceeedings in connection with not jurisdiction of consideration of dispute to economic court.

Judicial board, having discussed arguments of the writ of appeal, having checked case papers, considers the writ of appeal subject to partial satisfaction on the following bases.

As it is seen from case papers, between the parties the agreement N10/104, according to which the claimant undertook to perform declaration of goods and loads was signed on April 10, 2003, to perform the works connected with declaring, to make transactions on customs clearance and to perform other mediatorial functions in the field of customs affairs, to render advisory and other additional services, and the defendant undertook to make payment of cost of the rendered services.

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