INFORMATION LETTER OF PRESIDIUM OF THE SUPREME ECONOMIC COURT OF THE REPUBLIC OF UZBEKISTAN

of March 27, 2003

About the questions arising in case of presentation of the executive document to execution

According to the court practice which developed now consideration of the applications of claimants about the address of claim to property of the debtor happens in judicial session to the notice of persons participating in case, removal of determination and issue of new writ of execution. This writ of execution forms the basis for excitement of enforcement proceeding on case. At the same time collection according to the collection order of the claimant exposed on the settlement account of the debtor based on writ of execution (writ) issued by economic court after the introduction of court resolution in legal force continues.

From coming into force of the Law of the Republic of Uzbekistan "About execution of court resolutions and acts of other bodies" the existing court practice began to contradict regulations of it normative - the legal act.

According to Art. 47 of the above-stated Law the address of claim to property of the debtor consists in arrest (inventory), withdrawal and forced realization of property of the debtor. Collection according to executive documents from legal entities addresses first of all on money of the debtor in bags and foreign currency and other values including which are in banks and other credit institutions. In case of absence at the debtor of the money sufficient for satisfaction of requirements of the claimant, collection addresses on another, belonging to the debtor, property, except for property on which according to the law collection cannot be turned. The priority of the address of collection on these or those types of property of the debtor is determined by the legal executive taking into account likvidost of this property.

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