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

of January 5, 1994 No. 22

About practice of the dispute resolution, connected with shortage and spoil of fruit and vegetable products by deliveries and rail haulings

For the purpose of ensuring uniformity of court practice being guided by article 47 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Economic Court of the Republic of Uzbekistan,

DECIDES:

Explain according to the procedure of judicial interpretation that:

1. In case of the dispute resolution, connected with shortage and spoil of potatoes and fruit and vegetable products / further products / by deliveries and rail haulings to economic courts it is necessary to be guided by the Civil code of the Republic of Uzbekistan, the laws of the Republic of Uzbekistan "About the contractual legal base of activities of business entities", "About rail transport", "The charter of the railroads of the Republic of Uzbekistan", Rules of transportation of goods in the part which is not contradicting the legislation of the Republic of Uzbekistan, the corresponding standards and specifications.

Economic courts should check observance by the consignor, carrier and the consignee of statutory rules of shipment, transportation and issue, product acceptance by quantity and quality for the purpose of establishment guilty of shortage and spoil of products. It is necessary comprehensively, fully and objectively to research the facts of the case, to estimate the evidence produced by the parties according to the Economic Procedure Code of the Republic of Uzbekistan and to pass decisions taking into account all circumstances and case papers.

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