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

of May 25, 2012 No. 7

About determinations of court of nisi prius

Due to the questions which arose in court practice on application of regulations of the procedural legislation regulating questions of removal of determinations by consideration of civil cases on the first instance, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that observance of regulations of the procedural legislation regulating questions of removal of determinations by consideration of civil cases on the first instance is the most important condition of ensuring proper preparation of case for legal proceedings, comprehensive, complete and objective clarification of the valid facts of the case, rights and obligations of participants of process, and also removal in the matter of the legal, reasoned and fair decision.

2. Explain that determinations of Trial Court, unlike the determinations which are taken out by results of consideration of the case in appeal, cassation procedure are court resolution by which case is not allowed on being (Article part one 237 GPK).

Determinations of Trial Court can be decided by court at stage of preparation of case for legal proceedings, legal proceedings or execution of judgments, as in the form of the separate procedural document (by removal to the certain room (the consultative room), and by entering of the text of determination in the protocol of judicial session (without removal to the certain room (the consultative room).

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