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

of April 16, 1993 No. 13

About application of the legislation by consideration by courts of cases on release of property from arrest (exception of the inventory)

Consideration by courts of claims for release of property from arrest (exception of the inventory) is important guarantee of protection of interests of citizens and the states, property rights of the companies, organizations, the organizations.

Courts, generally correctly, according to the current legislation resolve cases of this category.

At the same time cases when courts it is incomplete take place research proofs, without the bases, sufficient to that, refuse claims for protection of the rights to the property constituting common joint property of spouses or members of personal subsidiary farm of citizens. There are facts of unreasonable release of property of the debtor from arrest that leads to violation of the rights of claimants, has an adverse effect on compensation of the damage caused by crimes and other offenses reduces efficiency of application of such measure of punishment as confiscation of property.

Courts not always react to the violations allowed in case of property attachment. In some cases persons which spent the property transferred to them to storage are not made responsible.

For the purpose of elimination of noted shortcomings and ensuring the correct application of the legislation in case of permission by courts of the specified cases the Plenum of the Supreme Court of the Republic of Uzbekistan DECIDES:

1. Draw the attention of courts that put about release of property from arrest (exception of the inventory), are subject to consideration by rules of claim production irrespective of whether it is seized according to the procedure of application of measures of providing the claim, the address of claim to property of the debtor for ensuring execution of the decision or the court verdict, or the inventory by the notary as measure of protection of heritable property and in others, the cases provided by the law is made.

Instruction in sentence about confiscation of specific property as crime instruments, is not obstacle for consideration according to the procedure of civil legal proceedings of dispute on accessory of this property to other persons and about release it from arrest.

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