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

of December 5, 2013 No. 254

About some questions of application by economic courts of regulations of the procedural legislation by hearing of cases on issue of the writ

For the purpose of ensuring the correct and uniform application of regulations of the Economic Procedure Code of the Republic of Uzbekistan by hearing of cases about issue of the writ, 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:

1. Draw the attention of economic courts to need of hearing of cases about issue of the writ based on the Civil code, the Tax code of the Republic of Uzbekistan (further - the Tax code) and other legal acts, in strict accordance with the rules established by the Economic Procedure Code of the Republic of Uzbekistan (further - EPK).

2. Courts should mean that the list of requirements provided in article 135 EPK according to which the writ is issued is exhaustive and is not subject to extensive interpretation.

2.1. In case of submission of demand about issue of the writ based on Item 1 of article 135 EPK, recognition by the debtor of tax debt is not required.

2.2. According to part one of article 133 of the Housing code of the Republic of Uzbekistan obligatory payments for utilities are payments for cold and hot water supply, removal of sewage, electric utility service, gas supply, heating (heat supply), for export of solid and liquid household waste (garbage).  

The application for debt collection on fee of communication can be considered by court by order only if the outstanding amount is determined based on indications of metering devices.

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