August 17, 2021
Judicial system in Uzbekistan
2. Competence and jurisdiction of the economic courts of the Republic of Uzbekistan
3. The Supreme Court of the Republic of Uzbekistan
4. The Court of the Republic of Karakalpakstan, regional and Tashkent city courts
5. Interdistrict, district, city Economic Court
6. Procedure for filing a claim
7.The size of the state duty rates from those submitted to the economic courts
8.1. Proceedings in the court of first instance
8.2. Proceedings in the appellate instance
8.3. Proceedings in the court of cassation instance
- The Economic Procedural Code of the Republic of Uzbekistan (hereinafter-the “EPC“);
- The Law of the Republic of Uzbekistan “On state duty”;
- The Law of the Republic of Uzbekistan “On Courts”
If a dispute arises, the party intending to file a lawsuit has questions about which court to file an application for consideration of the case, the process, the terms, the state fee, as well as alternative dispute resolution mechanisms. In this memorandum, we will briefly consider the above mentioned issues.
2. Competence and jurisdiction of the economic courts of the Republic of Uzbekistan
Article 25 of the EPC defines the jurisdiction of cases to the economic court. Jurisdiction under Article 25 of the EPC is determined by the nature of disputes that are considered by the economic court, as well as the subject matter of the dispute. In other words, the EPC has established that the economic court considers disputes between the following persons:
(1) legal entities and
(2) citizens engaged in entrepreneurial activity without forming a legal entity and having the status of an individual entrepreneur acquired in accordance with the procedure established by law,
(3) as well as citizens who are parties to the consideration of cases on corporate disputes.
regarding the following categories of disputes:
(1) cases on disputes arising in the economic sphere from civil, administrative and other legal relations;
(2) cases on the establishment of facts that are relevant for the emergence, modification or termination of rights;
(3) bankruptcy cases;
(4) cases related to arbitration proceedings;
(5) corporate disputes, except for labor disputes;
(6) investment dispute cases;
(7) competition cases;
(8) cases on the recognition and enforcement of decisions of foreign courts and arbitral tribunals.
To determine where to submit an application, it is necessary to determine the jurisdiction, i.e. to decide which level of the judicial system and in which place a particular dispute will be considered.
Inter-district, district (city) economic courts consider all cases, with the exception of cases under the jurisdiction of the Supreme Court of the Republic of Uzbekistan and the Court of the Republic of Karakalpakstan, regional and Tashkent city courts.
The Court of the Republic of Karakalpakstan, regional and Tashkent city courts consider cases:
(1) in which one of the parties is a foreign person-a non-resident of the Republic of Uzbekistan;
(2) on the recognition and enforcement of decisions of foreign courts and arbitration courts.
Disputes arising from economic agreements between State administration bodies and local State authorities are considered by the Supreme Court of the Republic of Uzbekistan.
At the request of a major investor, cases of this category are considered directly by the Supreme Court of the Republic of Uzbekistan on investment disputes of the parties in competition cases, while other investment disputes are considered by the Court of the Republic of Karakalpakstan, regional and Tashkent city courts as a court of first instance at the request of the investor.
Claims against legal entities are brought to the court at the place of their state registration. Claims against legal entities arising from the activities of their separate divisions are filed with the court at the place of state registration of the separate divisions.
3. The Supreme Court of the Republic of Uzbekistan
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The Plenum of the Supreme Court of the Republic of Uzbekistan is the highest body of the Supreme Court of the Republic of Uzbekistan, which is a meeting of all judges of the Supreme Court of the Republic of Uzbekistan, the chairmen of the Court of the Republic of Karakalpakstan and the Administrative Court of the Republic of Karakalpakstan
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The Presidium of the Supreme Court of the Republic of Uzbekistan is formed from among the judges of the Supreme Court of the Republic of Uzbekistan in the number determined by the Plenum of the Supreme Court of the Republic of Uzbekistan.
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| Judicial Board for Administrative Cases
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Judicial Board for Civil Cases | Judicial Board for Criminal Cases | Judicial Board for Economic Affairs |
4. The Court of the Republic of Karakalpakstan, regional and Tashkent city courts
| Presidium of the Court of the Republic of Karakalpakstan, regional, Tashkent City Court
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Judicial Board for Civil Cases
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Judicial Board for Criminal Cases | Judicial Board for Economic Affairs |
5. Interdistrict, district, city Economic Court
The interdistrict, district, and city economic court consists of a chairman and judges.
6. Procedure for filing a claim
The interested person, the prosecutor, state bodies may file a lawsuit. The statement of claim is submitted in the form and content established by the EPC. The statement of claim is accompanied by documents confirming:
(1) payment of the state duty and postal expenses in accordance with the established procedure and in the established amount;
(2) sending a copy of the statement of claim and the documents attached to it to the respondent and third parties;
(3) compliance with the pre-trial (claim) procedure for settling a dispute with the defendant, when this is provided for by law for this category of disputes or by the contract;
(4) the circumstances on which the claims are based;
(5) state registration of the plaintiff as a legal entity or individual entrepreneur;
(6) the authority to sign the statement of claim, if it is signed by a representative.
After the documents are submitted, the judge alone resolves the issue of accepting it for production, refusing to accept it or returning it and notifies the parties to the dispute about it.
7.The size of the state duty rates from those submitted to the economic courts
| a) statements of claim of a property nature | – 2 percent of the claim price, but not less than 1 BCV[1] |
| b) statements of claim of a non-property nature | – 10x the size of the BCV |
| c) applications for declaring organizations and citizens bankrupt | – 3x the size of the BCV |
| d) statements of claim on disputes arising during the conclusion, modification or termination of business contracts | – 10x the size of the BCV |
| e) appeals, cassation and supervisory complaints | -50 percent of the rate payable when submitting applications for dispute consideration in the court of first instance
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8.1. Proceedings in the court of first instance
After the receipt of the statement of claim, a decision on the acceptance or refusal to accept the statement of claim is made within 5 days.
Making a ruling on the acceptance of the statement of claim for production. The trial must be completed within a period not exceeding one month from the date of the decision on the preparation of the case for trial. In exceptional cases, the term of the trial may be extended by the chairman of the court for no more than one month.
The first court session on the case must be held no later than twenty days from the date of the ruling on the preparation of the case for trial.
The judicial proceedings may be postponed for the period necessary to eliminate the circumstances that served as the basis for the postponement, within the period of the judicial proceedings provided for by this Code, but not more than ten days. The number of adjournments of the trial may not exceed three times.
After the completion of the trial, the court decision is drawn up and signed within five days.
The decision enters into legal force upon the expiration of a month from the date of its adoption, if it is not appealed (protested) on appeal. In case of filing an appeal (protest), the decision, if it is not canceled, enters into legal force from the date of adoption of the decision of the court of appeal.
8.2. Proceedings in the appellate instance
An appeal (protest) may be filed within a month from the date of adoption by the court of first instance of the appealed (protested) decision.
The following documents are attached to the appeal:
1) documents confirming the payment of state duty and postage;
2) a document confirming the sending or delivery to other persons participating in the case, a copy of the appeal and the documents attached to it, which they do not have;
3) if the appeal is signed by a representative, a document confirming the authority to sign it.
The issue of acceptance, refusal to accept an appeal (protest) for production or return is resolved by the judge alone no later than five days from the date of its receipt together with the case to the court and a ruling is adopted, a copy of which is sent to the persons participating in the case no later than the next day from the date of its issuance.
The first court session on the appeal (protest) must be held no later than twenty days from the date of the decision on the acceptance of the appeal (protest) for production.
The court of appeal considers the appeal (protest) against the decision of the court of first instance within a period not exceeding one month from the date of acceptance of the appeal (protest) for production.
After the completion of the trial, the appellate instance draws up a ruling within five days.
The definition enters into legal force upon the expiration of a month from the date of its adoption.
8.3. Proceedings in the court of cassation instance
A cassation appeal (protest) may be filed within one year from the date of adoption of the decision of the court of appeal.
The following documents are attached to the cassation appeal:
1) documents confirming the payment of state duty and postage;
2) a document confirming the sending or delivery to other persons participating in the case, a copy of the cassation appeal and the documents attached to it, which they do not have;
3) if the cassation appeal is signed by a representative, a document confirming the authority to sign it.
The first court session on a cassation complaint (protest) must be held no later than twenty days from the date of issuing a ruling on the appointment of a cassation complaint (protest) for consideration in court proceedings.
The cassation complaint (protest) is considered within a period not exceeding one month from the date of appointment of the cassation complaint (protest) for consideration in court proceedings.
Based on the results of consideration of the cassation appeal (protest) the court of cassation instance shall adopt a resolution, which is signed by the judges who re
[1] The basic calculated value is equal to 245,000 soums ( $24 as of the date 30.07.2021)