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

of June 27, 2002

The Supreme Economic Court of the Republic of Uzbekistan, in connection with the questions of jurisdiction of cases on administrative offenses arising in practice without economic dispute in case of causing property damage to business entity owing to non-execution or improper execution of agreements of contracting, considers necessary to inform economic courts on the following.

1. Article 245-2 of the Code of the Republic of Uzbekistan about the administrative responsibility determines that officials of judicial authorities in case of damnification factual determination to business entity owing to non-execution or improper execution of agreements of contracting on cotton raw purchase, constitute the protocol on administrative offense which goes them for consideration to economic court.

According to Art. 245-1 of the Code of the Republic of Uzbekistan about the administrative responsibility of case on the administrative offenses connected with causing property harm to business entities owing to non-execution or improper execution of contractual commitments (Article 176-1) are subordinated to economic courts. Therefore, cases on the administrative offenses following from damnification to business entity owing to non-execution or improper execution of the agreement of contracting on cotton raw purchase are also subordinated to economic courts.

2. Economic court, accepting the protocol of the official of judicial authority, initiates proceedings.

3. In case of receipt of similar protocols it must be kept in mind that economic courts can consider separately from economic dispute questions of the administrative responsibility of officials only when property harm is done owing to non-execution or improper execution of the agreement of contracting on cotton raw purchase. In all other cases economic courts consider questions of the administrative responsibility during permission of economic disputes.

4. Courts should consider cases on administrative offenses without economic dispute according to the procedure, the established HPK RUZ.

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