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

of March 15, 1996 No. 9

About court practice on cases on crimes and other offenses in the field of trade

Development in the country of the civilized market relations is seriously interfered by abuses, antitrust violations, the facts of requisitions and racketing, and also other illegal actions assumed in the field of trade that causes serious damage to national economy, interests and the rights of citizens.

There is no unity in understanding of separate regulations of the criminal and administrative right about responsibility for abuses of regulations of trade, the antitrust law. In investigative practice, the facts of the wrong application of the specified laws are widespread in activities of tax authorities.

In court practice cases of purpose of unreasonably mild pinishments to the racketeers and other persons interfering open entry of goods on the market, to representatives of administration of the markets which are engaged in requisitions, plunders and other abuses, the wrong qualification of crimes are allowed. Often the reasons and conditions promoting trade abuses of regulations are not established, legal procedures on this category of cases are not given to wide publicity.

For the purpose of strengthening of legality, the correct and uniform application of the legislation, ensuring protection of the rights and interests of citizens the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts, investigating and tax authorities to need of the most strict respect for the principle of inevitability of responsibility for offenses in the field of trade, meaning their increased public danger to society.

Provide application of stiff punishments to racketeers, employees of administration of the markets, the malls which are engaged in plunders, requisitions from the citizens abusing the official position, to the dealers who are violating rules of trade, artificially maintaining excess prices, the producers of products driving out of the markets.

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