of August 9, 1996 No. 59
About practice of check of legality and justification of decisions of economic courts of the republic
Having discussed practice of check of legality and justification of decisions of the Supreme Economic Court and economic courts of the republic, the Plenum of the Supreme Economic Court of the Republic of Uzbekistan notes that in general this issue is resolved according to requirements of the law. At the same time take place of mistake and shortcomings.
Supervising instances of economic courts of areas shall resolve correctly and legally economic disputes, timely give estimates to the mistakes made by Trial Courts. For the purpose of ensuring uniform court practice on specific cases moot cases by supervising instance of courts shall be checked in strict accordance with requirements of the law, with pronouncement of reasonable resolutions.
Though heads of economic courts of areas and members of judicial boards in most cases accept reasonable resolutions on cancellation or change of decisions, sometimes they make mistakes. For example, the chairman of economic court of the Jizzakh region M. Mallayev, having cancelled the legal decision of Trial Court, accepted the unreasonable resolution. In practice of such examples it is possible to give set.
Chairmen of economic court of the Republic of Karakalpakstan and areas check of legality and justification of the resolutions accepted by their deputies still continues.
By hearing of cases according to the procedure of supervision by judicial boards due assessment by removal of private determinations on the facts of violation of regulations of substantive and procedural law, failure to provide of comprehensive and objective hearing of cases, non-compliance with procedural terms and red tape allowed by judges of the first instance is not given.
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The document ceased to be valid according to the Resolution of the Plenum of the Supreme Economic Court of the Republic of Uzbekistan of December 22, 2006 No. 157