On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan in Connection with the Adoption of Additional Measures to Ensure Effective Protection of the Rights of Citizens and Business Entities in Relations with State Bodies

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09.00.00.00 Entrepreneurship and Economic Activity / 09.01.00.00 Legislation on Entrepreneurship / 09.01.09.00 State Support for Entrepreneurs and Protection of Their Rights;
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Civil Legislation. Entrepreneurship / State Support for Entrepreneurial Activity]

Law of the Republic of Uzbekistan

On Amendments and Additions to Certain Legislative Acts of the Republic of Uzbekistan in Connection with the Adoption of Additional Measures to Ensure Effective Protection of the Rights of Citizens and Business Entities in Relations with State Bodies

Adopted by the Legislative Chamber on September 27, 2022 Approved by the Senate on March 2, 2023

Consistent reforms are being implemented in our country to establish effective judicial control over the activities of state bodies and officials, as well as to increase the level of access of citizens and business entities to fair trial, and to ensure the activities of republican executive power bodies and local executive power bodies, and officials in accordance with the Constitution and laws of the Republic of Uzbekistan.

At the same time, the Development Strategy of New Uzbekistan provides for expanding the scope of application of judicial control by improving the system for considering complaints against decisions of officials in administrative courts, ensuring strict compliance with the procedure of placing the burden of proving the legality of a decision, action (inaction) of an official who adopted it on the shoulders of that official, and also introducing effective mechanisms for enforcing court decisions and documents of other bodies.

Currently, in the proceedings of administrative cases, the applicant is in an unequal position with respect to the administrative body possessing executive powers, its official — the respondent. No effective control mechanism is envisaged for ensuring the voluntary enforcement of court decisions issued in disputes arising from public-law relations by state bodies or officials. As a result, court decisions issued in the interests of citizens or legal entities are often left unenforced by state bodies or officials.

In addition, there is a need to establish a prohibition on courts refusing to accept a statement of claim (application), complaint, or case for proceedings on the grounds that they are not within the jurisdiction of the court to which they were submitted, or terminating proceedings in the case.

In light of the above, this Law establishes procedural rules providing for the introduction of the "single window" principle in the judicial system to accept applications regardless of their jurisdiction and forward them to the competent court, as well as to ensure the resolution of all legal consequences within a specific case scope; the conduct of administrative court proceedings on the basis of the principle of "active participation of the court"; the consideration by the administrative court of claims for compensation for damages causally linked to disputes arising from public-law relations; the granting of the right to parties to conclude settlement agreements in cases arising from public-law relations; and the application of court fines to officials of administrative bodies, bodies of self-government of citizens and other bodies, and organizations if court decisions are not enforced by them.

To ensure uniform judicial practice and eliminate gaps in legislation, this Law also provides for procedural rules regarding the private ruling of the cassation instance court in criminal proceedings, the refusal to consider a cassation complaint (protest) in civil proceedings, and the termination of proceedings on a cassation complaint (protest).

This Law serves to ensure the effective protection of the rights of citizens and business entities in relations with state bodies, to establish effective judicial control over the activities of state bodies and officials, to improve the conduct of administrative court proceedings in accordance with international standards, and to further increase public confidence in the courts.

Article 1.
The Criminal Procedure Code of the Republic of Uzbekistan, approved by Law No. 2013-XII of September 22, 1994 of the Republic of Uzbekistan (Bulletin of the Supreme Council of the Republic of Uzbekistan, 1995, No. 2, Article 5; Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1995, No. 12, Article 269; 1997, No. 2, Article 56, No. 9, Article 241; 1998, No. 5-6, Article 102, No. 9, Article 181; 1999, No. 1, Article 20, No. 5, Article 124, No. 9, Article 229; 2000, No. 5-6, Article 153, No. 7-8, Article 217; 2001, No. 1-2, Articles 11, 23, No. 9-10, Articles 165, 182; 2002, No. 9, Article 165; 2003, No. 5, Article 67; 2004, No. 1-2, Article 18, No. 9, Article 171; Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2005, No. 12, Article 418; 2006, No. 6, Article 261; 2007, No. 4, Article 166, No. 6, Articles 248, 249, No. 9, Article 422, No. 12, Articles 594, 595, 607; 2008, No. 4, Articles 177, 187, No. 9, Articles 482, 484, 487, No. 12, Articles 636, 641; 2009, No. 1, Article 1, No. 4, Article 136, No. 9, Article 335, No. 12, Articles 469, 470; 2010, No. 6, Article 231, No. 9, Articles 334, 336, 337, 342, No. 12, Article 477; 2011, No. 4, Articles 103, 104, No. 9, Article 252, No. 12/2, Article 363; 2012, No. 1, Article 3, No. 9/2, Article 244, No. 12, Article 336; 2014, No. 9, Article 244; 2015, No. 8, Articles 310, 312, No. 12, Article 452; 2016, No. 4, Article 125, No. 9, Article 276, No. 12, Article 385; 2017, No. 3, Article 47, No. 6, Article 300, No. 9, Articles 506, 510, No. 10, Article 605; 2018, No. 1, Articles 1, 5, No. 4, Articles 218, 224, No. 7, Articles 430, 431, No. 10, Article 679; 2019, No. 1, Articles 3, 5, No. 2, Article 47, No. 3, Article 161, No. 5, Articles 259, 267, No. 7, Article 386, No. 8, Article 469, No. 9, Articles 589, 592, No. 10, Article 671, No. 11, Articles 787, 791, No. 12, Articles 880, 881, 891; 2020, No. 3, Article 204, No. 5, Article 296, No. 12, Article 689; 2021, No. 1, Articles 5, 11, 13, 14, No. 2, Articles 142, 144, Addendum to No. 4, No. 8, Articles 800, 803, No. 9, Article 903, No. 10, Article 973, No. 12, Article 1193; 2022, No. 2, Article 81, No. 3, Article 216, No. 4, Article 337, No. 6, Article 575), shall be supplemented with Article 509¹⁴ of the following content:

"Article 509¹⁴. Private Ruling of the Cassation Instance Court

The cassation instance court issues a private ruling if there are grounds provided for in Articles 298 and 300 of this Code, as well as if it is necessary to draw the attention of relevant officials to shortcomings committed during the investigation, preliminary investigation, and court trial."

Article 2.
In Article 167 of the Criminal Execution Code of the Republic of Uzbekistan, approved by Law No. 409-I of April 25, 1997 of the Republic of Uzbekistan (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 1997, No. 6, Article 175; 2003, No. 9-10, Article 149; 2004, No. 1-2, Article 18; Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2007, No. 6, Article 248, No. 9, Article 422, No. 12, Article 595; 2008, No. 4, Article 187, No. 12, Articles 636, 641; 2009, No. 4, Article 136, No. 12, Article 470; 2010, No. 9, Article 334; 2012, No. 9/1, Article 238; 2014, No. 9, Article 244; 2015, No. 8, Article 310; 2017, No. 3, Article 47, No. 10, Article 605; 2019, No. 3, Article 165, No. 5, Article 267, No. 8, Article 469, No. 9, Articles 588, 592, No. 12, Article 880; 2020, No. 6, Article 337; 2021, Addendum to No. 4, No. 11, Article 1061, No. 12, Article 1193; 2022, No. 5, Article 464), the words "in the supervisory procedure" in the fifth paragraph shall be replaced with the words "in the cassation procedure".

Article 3.
The following amendments shall be made to the Law of the Republic of Uzbekistan No. 258-II of August 29, 2001 "On Enforcement of Court Decisions and Documents of Other Bodies" (Bulletin of the Oliy Majlis of the Republic of Uzbekistan, 2001, No. 9-10, Article 169; Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2007, No. 8, Article 367, No. 12, Article 598; 2008, No. 4, Articles 184, 187; 2009, No. 1, Article 1; 2010, No. 9, Articles 337, 340; 2012, No. 12, Article 336; 2014, No. 5, Article 130; 2015, No. 8, Article 312, No. 12, Article 452; 2016, No. 9, Article 276; 2017, No. 9, Article 510; 2018, No. 1, Articles 1, 4, 5; 2019, No. 2, Article 47, No. 5, Article 267, No. 7, Article 389, No. 8, Article 469, No. 10, Article 671, No. 12, Article 880; 2021, Addendum to No. 4, No. 8, Articles 800, 803; 2022, No. 4, Article 337, No. 6, Article 570):

1) In paragraph 1 of Article 5, the words "of courts on civil cases and economic disputes" shall be replaced with the words "of courts on civil cases, economic and administrative courts";

2) Paragraph 1 of Part One of Article 27 shall be stated in the following edition:

"1) enforcement sheets issued on the basis of court decisions — within three years";

3) Article 38:

Parts One and Two shall be stated in the following edition:

"Suspension and termination of enforcement proceedings initiated on the basis of an enforcement document issued by the court shall be carried out by the court at the location of that court or the state bailiff.

Suspension and termination of enforcement proceedings for enforcement documents not provided for in Part One of this Article shall be carried out by the court on civil cases at the location of the state bailiff";

In Part Three, the words "in the Civil Procedure, Economic Procedure or Criminal Procedure Codes of the Republic of Uzbekistan" shall be replaced with the words "in the Civil Procedure, Economic Procedure or Criminal Procedure Codes of the Republic of Uzbekistan or in the Code of the Republic of Uzbekistan on the Procedure for Conducting Administrative Court Proceedings";

4) Article 86¹ shall be stated in the following edition:

"Article 86¹. Filing a Complaint and Protest Against Decisions of a State Bailiff. Filing a Complaint Against the Action (Inaction) of a State Bailiff

A complaint against a decision, action (inaction) of a state bailiff shall be filed with the administrative court at the place where the state bailiff is located or with a higher body in the chain of command, or an official, within ten days from the date of notification of the issuance of the decision or from the moment the interested person became aware that their rights, freedoms, and lawful interests were violated.

A protest against a decision of a state bailiff may be filed by a prosecutor in the manner prescribed by law."

Article 4.
The following amendments and additions shall be made to the Civil Procedure Code of the Republic of Uzbekistan, approved by Law No. URQ-460 of January 22, 2018 of the Republic of Uzbekistan (Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2018, Addendum to No. 1, No. 10, Article 672; 2019, No. 3, Article 166, No. 5, Article 261, No. 9, Article 592, No. 10, Article 671, No. 11, Articles 791, 792, No. 12, Article 880; 2020, No. 1, Articles 1, 3, No. 3, Articles 198, 199; 2021, No. 1, Article 8, Addendum to No. 4, No. 8, Article 803, No. 9, Article 903; 2022, No. 3, Article 216, No. 8, Article 787):

1) Part Two of Article 27 shall be stated in the following edition:

"It is not permitted to join several claims, some of which fall under the jurisdiction of courts on civil cases, and others under the jurisdiction of administrative courts";

2) It shall be supplemented with Article 31¹ of the following content:

"Article 31¹. Transfer of Case Materials from a Court on Civil Cases to Another Court According to Jurisdiction

If a claim is submitted to a court on civil cases in violation of jurisdiction rules, the statement of claim (application) shall be transferred for consideration to an economic court or an administrative court according to jurisdiction.

If it is established during the consideration of the case that the statement of claim (application) was accepted for proceedings in violation of jurisdiction rules, the court on civil cases shall issue a ruling to transfer the case materials to an economic court or an administrative court for consideration according to jurisdiction and to terminate the proceedings in the civil case.

A private complaint (protest) may be filed against the ruling of the court on civil cases on the transfer of the statement of claim (application), case materials to another court according to jurisdiction.

The statement of claim (application), case materials transferred from a court on civil cases to another court according to jurisdiction shall be accepted by the court to which they were transferred.

Disputes regarding jurisdiction between courts in the Republic of Uzbekistan shall not be permitted";

3) Part Three of Article 75 shall be stated in the following edition:

"The legally effective resolution of an economic or administrative court is mandatory for a court considering another case regarding issues of circumstances established by the resolution of an economic or administrative court and relevant to the persons participating in the case";

4) Paragraph 1 of Article 124 shall be stated in the following edition:

"1) if the case does not fall under the jurisdiction of a court on civil cases, an economic court, or an administrative court";

5) The text of Article 192 shall be stated in the following edition:

"The judge shall individually resolve the issue of accepting the application for proceedings, refusing or returning the acceptance, or transferring it to another court according to jurisdiction, no later than ten days from the date the application was received by the court. A ruling is issued on accepting the application for proceedings, refusing or returning the acceptance, or transferring the application to another court according to jurisdiction. A copy of the ruling on refusing or returning the acceptance of the application for proceedings, as well as on transferring the application to another court according to jurisdiction, shall be sent to the applicant together with the application and attached documents without delay on the day following the issuance of the ruling.

If an application or case materials are received from an economic or administrative court according to jurisdiction, and the judge establishes that the application does not meet the requirements specified in Articles 189, 190, and 191 of this Code, the judge shall notify the plaintiff (applicant) of the need to eliminate the shortcomings within ten days from the date the application was received by the court and grant them a period not exceeding ten days for this purpose";

6) Article 194:

Paragraph 1 of Part One shall be stated in the following edition:

"1) if the claim being filed does not fall under the jurisdiction of a court on civil cases, an economic court, or an administrative court";

In Part Three, the words "if the claim is not within the jurisdiction of the court and" shall be deleted;

7) Part One of Article 195 shall be supplemented with paragraph 4¹ of the following content:

"4¹) if the plaintiff (applicant) fails to comply with the instruction of the judge specified in Part Two of Article 192 of this Code within the established period";

8) Part Two of Article 387 shall be stated in the following edition:

"A copy of the appeal of the party, which served as the basis for filing this protest, shall be attached to the appeal protest regarding a case considered without the participation of a prosecutor";

9) Article 399:

In the Uzbek text of paragraph 4, the word "rightful" shall be deleted;

It shall be supplemented with paragraph 5 of the following content:

"5) if the case was considered in violation of jurisdiction rules, to be entitled to cancel the resolution and send the case materials to another court according to jurisdiction";

10) Article 402:

In the Uzbek text of paragraph 3, the word "rightful" shall be deleted;

It shall be supplemented with paragraph 4 of the following content:

"4) to be entitled to cancel the ruling and send the statement of claim (application), case materials to another court according to jurisdiction for consideration";

11) It shall be supplemented with Articles 407⁸ and 407⁹ of the following content:

"Article 407⁸. Refusal to Consider a Cassation Complaint (Protest)

If it is established that the cassation complaint (protest) was not signed or was signed by a person who did not have the right to sign it or whose official position was not indicated after the cassation complaint (protest) was accepted for proceedings, the cassation instance court shall refuse to consider the cassation complaint (protest).

The court issues a ruling on refusing to consider the cassation complaint (protest).

After the circumstances serving as the basis for refusing to consider the cassation complaint (protest) are eliminated, the cassation complaint (protest) may be submitted to the court again in the manner prescribed by this Code.

Article 407⁹. Termination of Proceedings on a Cassation Complaint (Protest)

The cassation instance court terminates proceedings on a cassation complaint (protest) if:

1) the cassation complaint (protest) was filed against a court decision that was not considered in the appeal procedure or against which a complaint (protest) is not subject to filing in the cassation procedure according to this Code, and it was accepted for proceedings by mistake;

2) the cassation complaint (protest) was filed against a court decision that was considered in the cassation procedure, and it was accepted for proceedings by mistake;

3) the cassation complaint (protest) was filed by a person who does not have the right to file a complaint (protest) against a court decision;

4) an application for withdrawal of the cassation complaint was received from the person who filed the cassation complaint after the cassation complaint was accepted for proceedings;

5) an application for withdrawal of the protest was received from the prosecutor who filed the protest or a higher prosecutor after the cassation protest was accepted for proceedings;

6) a legal entity that was a party to the case was liquidated before the court decision on the cassation complaint (protest) was adopted;

7) a citizen who was a party to the case died before the court decision on the cassation complaint (protest) was adopted, and the disputed legal relationship does not allow for legal succession.

A ruling is issued on the termination of proceedings on a cassation complaint (protest), in which the issue of distribution of court costs between the parties may be resolved.

If proceedings on a cassation complaint (protest) are terminated, repeated submission of a cassation complaint (protest) by the same person on the same grounds to the court is not permitted";

12) Article 419 shall be supplemented with paragraph 7 of the following content:

"7) if the case was considered in violation of jurisdiction rules, to cancel the resolution, ruling, and send the case materials to another court according to jurisdiction".

Article 5.
The following amendments and additions shall be made to the Economic Procedure Code of the Republic of Uzbekistan, approved by Law No. URQ-461 of January 24, 2018 of the Republic of Uzbekistan (Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2018, Addendum to No. 2, No. 7, Article 433, No. 10, Article 672; 2019, No. 3, Article 166, No. 5, Articles 261, 266, No. 9, Article 592, No. 10, Article 671, No. 11, Article 791, No. 12, Article 880; 2020, No. 1, Article 1, No. 3, Article 198, No. 10, Article 593; 2021, No. 1, Article 10, Addendum to No. 4, No. 8, Article 803, No. 9, Article 903; 2022, No. 3, Article 216, No. 5, Article 463, No. 6, Article 577, No. 8, Article 787):

1) Paragraph 12 of Part One of Article 26 shall be stated in the following edition:

"12) on finding that an enforcement document or other document subject to unconditional (without acceptance) enforcement cannot be enforced, except for an enforcement document or other document based on a claim arising from administrative and other public-law relations";

2) It shall be supplemented with Article 31¹ of the following content:

"Article 31¹. Transfer of Case Materials from an Economic Court to Another Court According to Jurisdiction

If a claim is submitted to an economic court in violation of jurisdiction rules, the statement of claim (application) shall be transferred for consideration to a court on civil cases or an administrative court according to jurisdiction.

If it is established during the consideration of the case that the statement of claim (application) was accepted for proceedings in violation of jurisdiction rules, the economic court shall issue a ruling to transfer the case materials to a court on civil cases or an administrative court for consideration according to jurisdiction and to terminate the proceedings in the economic court case.

A complaint (protest) may be filed against the ruling on the transfer of the statement of claim (application), case materials from an economic court to another court according to jurisdiction.

The statement of claim (application), case materials transferred from an economic court to another court according to jurisdiction shall be accepted by the court to which they were transferred.

Disputes regarding jurisdiction between courts in the Republic of Uzbekistan shall not be permitted";

3) Paragraph 1 of Article 110 shall be stated in the following edition:

"1) if the case does not fall under the jurisdiction of an economic court, a court on civil cases, or an administrative court";

4) The text of Article 152 shall be stated in the following edition:

"The judge shall individually resolve the issue of accepting the statement of claim for proceedings, refusing or returning the acceptance, or transferring it to another court according to jurisdiction, no later than five days from the date the statement of claim was received by the court.

A ruling is issued on accepting the statement of claim for proceedings, refusing or returning the acceptance, or transferring the statement of claim to another court according to jurisdiction, and copies of the ruling shall be sent to the persons participating in the case without delay on the day following the issuance of the ruling.

If a statement of claim (application) or case materials are received from a court on civil cases or an administrative court according to jurisdiction, and the judge establishes that the statement of claim (application) does not meet the requirements specified in Articles 149, 150, and 151 of this Code, the judge shall notify the plaintiff (applicant) of the need to eliminate the shortcomings within five days from the date the application (complaint) was received by the court and grant them a period not exceeding ten days for this purpose";

5) Paragraph 1 of Part One of Article 154 shall be stated in the following edition:

"1) if the case does not fall under the jurisdiction of an economic court, a court on civil cases, or an administrative court";

6) Part One of Article 155 shall be supplemented with paragraph 1¹ of the following content:

"1¹) if the plaintiff fails to comply with the instruction of the judge specified in Part Three of Article 152 of this Code within the established period";

7) Article 278:

In the Uzbek text of paragraph 5, the word "rightful" shall be deleted;

It shall be supplemented with paragraph 6 of the following content:

"6) if there are grounds provided for in paragraph 9 of Part Four of Article 279 of this Code, to be entitled to cancel the resolution and send the case materials to another court according to jurisdiction";

8) Paragraph 9 of Part Four of Article 279 shall be stated in the following content:

"9) if the case was considered in violation of jurisdiction rules";

9) Part Three of Article 281:

In the Uzbek text of paragraph 3, the word "rightful" shall be deleted;

It shall be supplemented with paragraph 4 of the following content:

"4) to be entitled to cancel the ruling and send the statement of claim (application), case materials to another court according to jurisdiction for consideration";

10) Article 301:

In the Uzbek text of paragraph 6, the word "rightful" shall be deleted;

It shall be supplemented with paragraph 7 of the following content:

"7) if there are grounds provided for in paragraph 9 of Part Four of Article 302 of this Code, to be entitled to cancel the resolution, decision, and send the case materials to another court according to jurisdiction";

11) Paragraph 9 of Part Four of Article 302 shall be stated in the following content:

...

"9) the case was considered in violation of the rules of jurisdiction of the court";

12) Part 3 of Article 305
is supplemented with paragraph 5 of the following content:

"5) to cancel the ruling of the court of first instance, the decision of the appellate instance court, and to send the claim (application), case materials to another court according to its jurisdiction for consideration."

Article 6.
The Code of Administrative Judicial Procedure of the Republic of Uzbekistan, approved by Law No. ORQ-462 of the Republic of Uzbekistan dated January 25, 2018 (Information Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2018, No. 1, Appendix No. 3, Article No. 10, 672; 2019, No. 5, Article No. 261, No. 9, Article No. 592, No. 11, Article No. 791, No. 12, Article No. 880; 2020, No. 1, Article No. 1, No. 3, Article No. 198; 2021, No. 1, Article No. 9, Appendix to No. 4, Articles No. 800, 803, Article No. 903; 2022, No. 8, Article No. 787) shall be amended and supplemented as follows:

1)
Article 11
shall be stated in the following edition:

"Article 11. Active participation of the court

Administrative judicial proceedings are carried out on the basis of the active participation of the court.

The court, without being limited to the explanations, applications, requests of the persons participating in the case, the evidence submitted by them and other materials of the case, examines all the true circumstances of the administrative case that are important for its correct resolution in a comprehensive, full and impartial manner.

The court collects additional evidence on its own initiative or upon the request of the persons participating in the case, and also performs other actions aimed at resolving the tasks of administrative judicial proceedings.

Persons participating in the case are obliged to assist the court in examining the true circumstances of the case and collecting evidence";

2)
Article 26
:

Part 4
is deleted;

Part 5
is considered as Part 4;

Part 4
is supplemented with the words "or to the court for civil cases" after the words "economic court";

3)
Article 27
:

Part 1
:

Paragraph 7 the words "resolves cases" in the Uzbek text are deleted;

is supplemented with paragraph 8 of the following content:

"8) resolves cases regarding complaints against enforcement documents or other documents whose enforcement is carried out in a non-contentious procedure in accordance with claims arising from administrative and other public legal relations";

is supplemented with Parts 3 and 4 of the following content:

"The applicant has the right to submit a claim for compensation for damages causally related to the claims specified in this article together with the application (complaint) specified in this article.

A claim for compensation for damages submitted separately from the claims specified in this article shall be considered by a court for civil cases or an economic court according to its jurisdiction";

4) is supplemented with Article 27
3 of the following content:

"Article 27
3
. Transfer of case materials from an administrative court to another court according to jurisdiction

If a claim is submitted to an administrative court in violation of the rules of jurisdiction, the application (complaint) is transferred for consideration to a court for civil cases or an economic court according to its jurisdiction.

If it is found during the consideration of the case that the application (complaint) was accepted for proceedings in violation of the rules of jurisdiction, the administrative court issues a ruling on transferring the case materials to a court for civil cases or an economic court according to its jurisdiction for consideration and terminating the administrative judicial proceedings.

A ruling on transferring the application (complaint), case materials from an administrative court to another court according to jurisdiction may be appealed (protested).

The application (complaint), case materials transferred from an administrative court to another court according to jurisdiction must be accepted by the court to which they are transferred.

Disputes between courts regarding jurisdiction in the Republic of Uzbekistan are not allowed";

5) Part 2 of Article 45
is supplemented with the words "or concluding a settlement agreement" after the words "recognize the claimed claim";

6) Part 9 of Article 46
is supplemented with the words "except for the right to conclude a settlement agreement" after the words "and assumes its obligations";

7) Part 1 of Article 62
shall be stated in the following edition:

"The powers of conducting proceedings in court granted to a representative give the right to perform all procedural actions on behalf of the person granting the power, except for the right to conclude a settlement agreement";

8) the text of Article 67
shall be stated in the following content:

"Unless otherwise provided by this Code for the distribution of the burden of proof in administrative cases, persons participating in the case must prove the true circumstances they rely on as the basis for their claims or objections.

The applicant must participate in collecting evidence within the limits of his capabilities. The applicant must prove the amount of damage caused to him.

The burden of proof regarding decisions, actions (inaction) of administrative bodies and officials involved in a dispute is placed on administrative bodies and officials. Administrative bodies and officials must also confirm the facts they rely on as the basis for their objections. These persons may only cite the grounds on which they relied when making decisions or performing actions.

If a party holds evidence requested by the court and fails to submit it to the court upon request within the period specified by the court, the information contained therein is presumed to be directed against the interests of this party and is considered as acknowledged by this party";

9)
Article 68
:

Parts 1 and
Part 2
are replaced with Parts 1, 2 and 3 of the following content:

"If parties base their claims or objections on certain evidence, they must submit all such evidence in their possession to the court. The administrative body must also submit all materials of the administrative judicial proceedings.

If the submitted evidence is insufficient for the correct resolution of the case, the court demands additional evidence on its own initiative or upon the request of the persons participating in the case.

Persons participating in the case are not entitled to destroy or conceal any evidence, or otherwise obstruct by making it impossible or difficult to obtain, examine and evaluate the evidence. In such cases, the court may impose the burden of proof on the obstructing party, regardless of the rules established by this Code";

Parts 3 to 9 are considered as Parts 4 to 10 respectively;

10)
Article 73
:

is supplemented with Part 5 of the following content:

"The court is not bound by the application of the party regarding the admissibility of evidence when making a decisive decision";

Part 5
is considered as Part 6;

11) the text of Article 92
shall be stated in the following edition:

"Upon the application of a person participating in the case or on its own initiative, the court may take preliminary protection measures if:

1) there is a clear danger of violation of the rights, freedoms and legitimate interests of the applicant or the person on whose behalf the application was filed before the court document is adopted concluding the consideration of the administrative case;

2) it is impossible or difficult to protect the rights, freedoms and legitimate interests of the applicant without taking such measures.

In considering a claim for compensation for damages caused to a citizen or legal entity as a result of illegal decisions, actions (inaction) of administrative bodies, bodies of local self-government and their officials that violate the legislation and the rights of citizens or legal entities and legitimate interests protected by law, the court must take preliminary protection measures upon the application of the applicant.

Preliminary protection measures may be taken at any stage of administrative judicial proceedings";

12) Part 1 of Article 93
is supplemented with paragraph 5 of the following content:

"5) seizure of the defendant's property or funds";

13)
Article 105
is supplemented with paragraph 5 of the following content:

"5) if the application (complaint) was submitted by a person recognized by the court as lacking legal capacity";

14)
Article 108
:

Paragraph 1 shall be stated in the following edition:

"1) if the case does not fall under the jurisdiction of an administrative court, a court for civil cases or an economic court";

is supplemented with paragraph 8 of the following content:

"8) if a settlement agreement has been concluded and approved by the court";

15) Part 2 of Article 122
:

Part 2
is replaced with Parts 2, 3 and 4 of the following content:

"The amount of the court fine imposed by the court must not exceed five times the base calculation amount, except for the cases provided for in Part 3 of this article.

In case of non-execution of a court document by administrative bodies, bodies of local self-government and other bodies, as well as organizations, a court fine of up to five times the base calculation amount is imposed on their officials. In case of repeated non-execution of a court document, a court fine is imposed in the amount of ten times the amount of the fine initially imposed.

In case of non-execution of the court ruling on approval of a settlement agreement, a court fine is imposed in the amount specified in Part 3 of this article";

Parts 3 and
Part 4
are considered as Parts 5 and 6 respectively;

16) is supplemented with Chapter 15
1 of the following content:

"Chapter 15
1
. Settlement Agreement

Article 126
1
. Agreement of the parties

Parties may fully or partially resolve a dispute by concluding a settlement agreement at all stages of administrative judicial proceedings and during the enforcement of a court document.

The agreement of the parties is carried out on the basis of the principles of voluntariness, cooperation and equal rights.

The agreement of the parties is allowed only when the defendant has administrative discretion (discretionary powers).

The agreement of the parties may be carried out only if it relates to the rights and obligations of the parties as subjects of disputed public legal relations, and only if mutual concessions by the parties are allowed.

A settlement agreement is considered concluded after it is approved by the court.

The conclusion of a settlement agreement is not allowed in cases provided for in paragraphs 1, 3, 4 and 5 of Part 1 of Article 27 of this Code, as well as in cases involving conditions relevant to the rights and legitimate interests of third parties.

Article 126
2
. Form and content of the settlement agreement

A settlement agreement is concluded in writing and signed by the persons who concluded it.

The settlement agreement must necessarily respond to claims for enforcement, and must contain rules on the agreed terms, procedures and deadlines for performing obligations by the parties, as well as conditions on the distribution of court costs and other conditions not contrary to law.

The performance of obligations accepted by the parties under the terms of the settlement agreement may not be made dependent on the parties to each other or on other events (actions).

A settlement agreement may also be concluded regarding the issue of distribution of court costs.

If the settlement agreement does not contain a condition on the distribution of court costs, the court resolves this issue at the time of approving the settlement agreement in the general order established by this Code.

A settlement agreement is concluded and signed in copies exceeding the number of persons who concluded it by one. One of these copies is attached to the case materials.

Article 126
3
. Consideration of the issue of approving the settlement agreement

The issue of approving the settlement agreement is considered by the court in whose proceedings the case is pending, in a court session with the mandatory participation of the parties. Persons participating in the case are notified of the time and place of the court session in the order provided for in Article 124 of this Code.

If the persons who concluded the settlement agreement, duly notified of the time and place of the court session, fail to appear at the court session, the issue of approving the settlement agreement is not considered by the court.

In considering the issue of approving the settlement agreement, the court examines and evaluates the true circumstances of the case, arguments and evidence submitted by the persons participating in the case to determine the compliance of the agreement with the requirements of legislation and its relevance to the rights and legitimate interests of third parties.

The court issues a ruling on approving the settlement agreement, indicating that the proceedings are terminated in full or in part.

If a settlement agreement is approved by the appellate or cassation instance court, a ruling is issued, all previous court documents adopted in the case are canceled by this ruling, and proceedings are terminated. In considering the issue of approving the settlement agreement by the appellate or cassation instance court, the legality and validity of the relevant court document are not examined.

If a settlement agreement is concluded at the stage of enforcement of a court document, the agreement is submitted for approval to the court of first instance that considered the case.

The issue of approving a settlement agreement concluded at the enforcement stage is considered within fifteen days from the date the agreement is submitted to the court, according to the rules provided for in Part 1 of this article.

The court is not entitled to partially approve the settlement agreement, amend it, or delete any agreed condition by the parties from it. The court is entitled to propose to the parties to delete certain conditions from this agreement that are contrary to law or relevant to the rights and legitimate interests of third parties.

Article 126
4
. Court ruling on approving the settlement agreement

In addition to what is provided for in Article 169 of this Code, the court ruling on approving the settlement agreement must indicate the following:

1) the terms of the settlement agreement;

2) the conclusion on approving the settlement agreement;

3) the distribution of court costs;

4) information on the termination of proceedings.

The ruling of the appellate or cassation instance court on approving the settlement agreement must contain an instruction on canceling all previous court documents adopted in the case, in addition to the information provided for in Part 1 of this article.

The court ruling on approving a settlement agreement concluded at the stage of enforcement of a court document must indicate the terms of the settlement agreement, the conclusion on approving the settlement agreement, as well as the conditions regarding the non-execution of the court document.

Appeals (protests) may be filed (submitted) against court documents on approving the settlement agreement.

Persons who concluded the settlement agreement voluntarily perform it in the order and deadlines provided for in this agreement.

If a settlement agreement approved by the court is not voluntarily performed within the deadlines provided for in this agreement, the agreement must be performed in accordance with the rules provided for in this Code.

Article 126
5
. Refusal to approve the settlement agreement

The court refuses to approve the settlement agreement if:

1) its terms are contrary to legislation;

2) its terms are relevant to the rights and legitimate interests of third parties;

3) its terms are not related to the subject of the dispute (case) being considered;

4) the defendant does not have administrative discretion (discretionary powers);

5) the agreement is concluded on a conditional basis.

A ruling is issued on refusing to approve the settlement agreement. In this case, the court discussion is held in the general order.

An appeal (protest) may be filed (submitted) against the ruling on refusing to approve the settlement agreement";

17) the text of Article 131
shall be stated in the following edition:

"Unless otherwise provided by this Code, the judge resolves the issue of accepting the application (complaint) for proceedings, refusing acceptance, returning it or transferring it to another court according to jurisdiction in a single order without delaying more than five days from the date the application (complaint) arrives at the court.

A ruling is issued on accepting the application (complaint) for proceedings, refusing acceptance, returning it or transferring it to another court according to jurisdiction, and a copy of the ruling is sent to the persons participating in the case without delay from the day following the issuance of the ruling.

Upon receipt of an application (complaint) or case materials from a court for civil cases or an economic court according to jurisdiction, if the judge finds that the application (complaint) does not meet the requirements specified in Articles 128, 129 and 130 of this Code, the judge notifies the applicant of the need to eliminate deficiencies without delaying more than five days from the date the application (complaint) arrives at the court and grants a period not exceeding ten days for this";

18) Paragraphs 1
and
2 of Part 1 of Article 133 shall be stated in the following edition:

"1) if the case does not fall under the jurisdiction of an administrative court, a court for civil cases or an economic court;

2) if there is a final binding decisive decision of the administrative court on a dispute between the same persons, on the same subject and on the same grounds, or a ruling on terminating proceedings, or a ruling on approving a settlement agreement";

19) Part 1 of Article 134
:

is supplemented with paragraph 1
1 of the following content:

"1
1
) if the applicant fails to comply with the instruction of the judge provided for in Part 3 of Article 131 of this Code within the specified period";

is supplemented with paragraph 9 of the following content:

"9) if the application (complaint) was submitted by a person recognized by the court as lacking legal capacity";

20) Part 1 of Article 140
is supplemented with paragraphs 10 and 11 of the following content:

"10) explains to persons participating in the case their procedural rights and obligations;

11) takes measures to reconcile the parties";

21) Part 1 of Article 149
is supplemented with the seventh bullet point of the following content:

"if the party requests the court's assistance in resolving the dispute through settlement";

22)
Article 158
:

is supplemented with Part 7 of the following content:

"If the claim for compensation for damages is satisfied, the amount to be recovered is indicated in the concluding part of the decisive decision";

Parts 7 and
Part 8
are considered as Parts 8 and 9 respectively;

23) the words "president of the court" in Part 2 of Article 218
are replaced with the words "judicial panel considering the case";

24)
Article 219
:

the word "has the right" in the Uzbek text of paragraph 5 is deleted;

is supplemented with paragraph 6 of the following content:

"6) if there is a ground provided for in paragraph 9 of Part 4 of Article 220 of this Code, has the right to cancel the decisive decision and send the case materials to another court according to its jurisdiction";

25)
Article 220
:

Part 4
is supplemented with paragraph 9 of the following content:

"9) the case was considered in violation of the rules of jurisdiction of the court";

is supplemented with Part 5 of the following content:

"The appellate instance court cancels the decisive decision of the court of first instance if a settlement agreement has been concluded between the parties and approved by the appellate instance court";

26)
Article 223
shall be stated in the following edition:

"Article 223. Appeal complaint (protest) against the ruling, decision of the court of first instance

A ruling, decision of the court of first instance may be appealed (protested) in the cases provided for by this Code.

An appeal complaint (protest) submitted against a ruling, decision of the court of first instance in accordance with the rules established by this Code is considered by the appellate instance court in the order provided for in this chapter for considering an appeal complaint (protest) against decisive decisions of the court.

The appellate instance court, based on the results of considering an appeal (protest) against a ruling, decision of the court of first instance, has the right:

1) to leave the ruling, decision unchanged;

2) to amend or cancel the ruling, decision;

3) to cancel the ruling on refusing to accept the application (complaint), returning the application (complaint), suspending proceedings, and to send the application (complaint) to the court of first instance for consideration;

4) to cancel the ruling and send the application (complaint), case for consideration to another court according to its jurisdiction";

27)
Article 243
is supplemented with paragraph 7 of the following content:

"7) if there is a ground provided for in paragraph 9 of Part 4 of Article 244 of this Code, has the right to cancel the decisive decision, decision and send the case materials to another court according to its jurisdiction";

28) Part 4 of Article 244
is supplemented with paragraph 9 of the following content:

"9) the case was considered in violation of the rules of jurisdiction of the court";

29)
Article 247
shall be stated in the following edition:

"Article 247. Cassation complaint (protest) against the ruling, decision

A ruling, decision of the court of first instance considered by the appellate instance court, and a ruling, decision of the appellate instance court may be appealed (protested) in cassation order in the cases provided for by this Code.

A cassation complaint (protest) submitted against a ruling, decision is considered by the cassation instance court in the order provided for in this chapter for considering a cassation complaint (protest) against decisive decisions of the court.

The cassation instance court, based on the results of considering a complaint (protest) against a ruling, decision, has the right:

1) to leave the ruling, decision unchanged, leaving the cassation complaint (protest) ungranted;

2) to amend or cancel the ruling, decision and adopt a new decision without sending the case for new consideration;

3) to cancel the ruling, decision and send the application, case for consideration to the court of first instance;

4) to cancel the ruling on refusing to accept the cassation complaint (protest), returning the cassation complaint (protest), leaving the cassation complaint (protest) unconsidered, terminating proceedings on the cassation complaint (protest), suspending proceedings on the case in the appellate instance court, and to send the cassation complaint (protest), case for consideration to the appellate instance court;

5) to cancel certain court documents and leave in force one of the previous court documents adopted in the case;

6) to cancel the ruling, decision and send the application (complaint), case for consideration to another court according to its jurisdiction.

A cassation complaint (protest) submitted against a decision of the court of first instance in accordance with the rules established by this Code is considered by the cassation instance court in the order provided for in this chapter for considering a cassation complaint (protest) against decisive decisions of the court";

30)
Article 276
is supplemented with Parts 3 and 4 of the following content:

"Enforced court documents, unless a different period is specified by the court, must be executed by administrative bodies, bodies of local self-government and other bodies, organizations, as well as officials within one month from the day they enter into legal force. Administrative bodies, bodies of local self-government and other bodies, organizations, as well as officials are obliged to notify the court about the execution of the court document.

---

In the event that a court decision is not enforced, a court fine shall be imposed by the court of first instance in the manner and amount specified in Chapter 14 of this Code, and a one-time extension for enforcing the court decision shall be granted for a period not exceeding one month.

Article 7.
Amendments and additions shall be made to the Law of the Republic of Uzbekistan No. ORQ-600 "On State Duty" adopted on January 6, 2020 (Information Bulletin of the Chambers of the Oliy Majlis of the Republic of Uzbekistan, 2020, No. 1, Article 1, No. 3, Article 201, No. 5, Article 298, No. 10, Article 593, No. 12, Article 691; 2021, No. 1, Article 13, Addition to No. 4, No. 7, Article 661, No. 8, Articles 800, 803, No. 10, Article 968; 2022, No. 2, Article 76, No. 3, Articles 214, 216, No. 4, Article 340, No. 5, Articles 463, 464, 467):

1) Clause 3 of Article 5 shall be worded as follows:

"3) applications (complaints) related to claims for compensation of damages filed in administrative courts regarding disputes over departmental normative legal acts, decisions, actions (inaction) of republican executive bodies, other bodies authorized to carry out administrative and legal activities, bodies of self-government of citizens and their officials, disputes regarding actions (decisions) of election commissions, disputes regarding refusal to perform a notarial act or record entries in civil status act registers, or disputes regarding actions (inaction) of a notary or an official of a body for recording civil status act registers, appeals and cassation complaints filed against rulings of administrative courts on compensation of damages, on termination of proceedings, on leaving a claim without consideration, on imposition of court fines, as well as for issuing duplicates and copies of documents by administrative courts";

2) Clause 3 of the Appendix shall be supplemented with sub-clause 1-b as follows:

"1-b) for applications (complaints) regarding compensation of damages

in the amount of 2 percent of the sum of the claim for compensation of damages, but not less than the amount of one basic calculation amount (BCA)".

Article 8.
The Cabinet of Ministers of the Republic of Uzbekistan:

aligns government resolutions with this Law;

ensures that republican executive bodies review and abolish their normative legal documents that contradict this Law;

ensures the implementation of this Law, its delivery to executors, and the explanation of its essence and importance among the population.

Article 9.
This Law enters into force from the date of its official publication.

President of the Republic of Uzbekistan Sh. MIRZIYOYEV

Tashkent city,

April 26, 2023,

No. ORQ-833
(, dated 27.04.2023, No. 03/23/833/0236)