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

of October 25, 2002 No. 26

About some questions of court practice on the criminal cases and cases on administrative offenses connected with business activity

The analysis of court practice shows that cases of unreasonable accountability of persons who are engaged in business activity, purposes of unfair measures of punishment by it, in particular, in case of absence in the matter of need deprivation of their certain rights, application to them corrective works in accordance with general practice that deprives of entrepreneurs of opportunity to be engaged in activities, so useful to society in the conditions of market economy, are allowed.

For the purpose of ensuring the correct application by courts of the laws directed to protection of the rights and protected by the law of interests of subjects of entrepreneurship according to article 17 of the Law "About Courts" Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Explain that by consideration of criminal cases and cases on the administrative offenses connected with business activity, courts shall fulfill strictly requirements of the legislation on guarantees of the rights and freedoms of subjects of business activity.

2. In sense of the Law "About Guarantees of Freedom of Business Activity" entrepreneurship - the initiative activities of appropriate subjects performed according to the legislation and directed to income acquisition (profits) on the risk and under the property responsibility.

Subjects of business activity are the physical persons and legal entities registered in accordance with the established procedure and performing business activity.

The subject of entrepreneurship has the right to gain income (profit) in the unrestricted size as a result of the activities, to own, use and dispose of the property, and also independently to choose suppliers and consumers of products.

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