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Chairman of the Supreme Court Kozimdjon Komilov Answered the Readers’ Questions

All the questions received by the Temporarily Available Project for the Chairman of the Supreme Court of the Republic of Uzbekistan, Kozimdjon Komilov, we gave to the addressee and he carefully acquainted with each of them. However, in view of the specifics of the subject matter and compliance with the norms on non-interference in the judicial process, as well as the need for detailed consideration of case materials, we decided not to publish issues on specific cases, leaving this for face-to-face consultations with lawyers and judges, the material included questions and answers only on appeals concerning general problematic issues of organizing the activities of the courts.

Leonid Khvan: As we know, at present the work is being undertaken on the implementation of software for publishing decisions of economic courts on the Internet. In view of the importance of this project, I would like to know when it will appear on the Supreme Court website the concept and functionality of this program? This is information from the category of ‘open data’ and it has an important research value. I would like to compare with certain issues of the concept of developers on the publication of judicial acts for the purpose of systemically reflecting the international experience of disclosure of information on the activities of the courts. In addition, it is proposed to hold an international scientific round table on this topic, since this issue is strategic for the judicial system and it is worth discussing all details of the publication of judicial acts.

Kozimdjon Komilov: “The publication of decisions of economic courts in the Internet will be carried out in accordance with the Regulation on the procedure for placing decisions of economic courts on the official website, approved by the Presidium of the Supreme Economic Court No. 30 of February 23, 2017.
In order to implement this project, the Chairman of the Supreme Economic Court of the Republic of Uzbekistan on May 16, 2017 approved the Terms of Reference for the development and implementation of software for publication of economic court decisions on the Internet, which received an expert opinion from the Ministry of Development of Information Technologies and Communications of the Republic of Uzbekistan No. EZ-18 -8/2835 dated May 10, 2017 and recommended for execution. The project is currently under development.

The software for publishing decisions of economic courts on the Internet (hereinafter - the ‘Publication of Decisions’ software) will interact automatically with the E-XSUD IP, which is used as an electronic court system and internal document circulation in economic courts.

The judicial act will be attached to E-XSUD IP by the receiving judge (reporter) within a period not exceeding 5 days from the date of its adoption, until the original of the judicial act is transferred to the office for sending it to the parties. After that, the document will automatically appear in the Unified Register of Economic Courts Decisions in the Publication of Decisions software and will be published on the official website.

In turn, the Publication of Decisions software is developed with the most convenient and user-friendly interface for the information, in particular, it will be possible to search for words and phrases (keywords) in the texts of judicial acts, etc.

The final judicial acts of the economic court of first instance will be placed on the website, which will resolve the dispute on the merits, that is, decisions, additional decisions, rulings, as well as decisions of courts of appeal, cassation, the Supreme Economic Court, Supreme Court Presidium.

Judicial acts that are not final (the determination of the preparation of the case for consideration, the adjournment of the consideration of the case, the suspension of proceedings in the case, the enforcement of the claim, the replacement of the inadequate party, etc.), and court orders will not be placed on the website.

Judicial acts adopted in the following categories of cases are also not subject to posting on the website:

• cases involving a state secret, commercial secret, bank secrecy or other secret protected by law;

• cases concerning national security;

• cases related to family and legal relations;

• cases on the establishment of facts of legal significance;

• cases on suspension of operations on accounts in banks;

• cases in which there are data on the location of the individual, passport data, taxpayer identification number, state registration number of the individual entrepreneur, state registration number of vehicles;

• cases in which there is information about estate property that do not relate to the subject of the dispute.

In the case the parties to the trial will provide the application (in writing or verbally) about the non-placement of the judicial act on the website, and if there will be sufficient grounds for this, the judicial act will not be placed on the website.
If such an application is filed after the posting of the judicial act on the website, it is excluded from the Unified Register of Economic Courts decisions by stating in E-XSUD IP the reasons for the non-placement of this judicial act on the website.”

Turabek Baymirzayev: Please answer, which court should apply a citizen of the Republic of Uzbekistan against unlawful actions (which may be committed) in the meetings, decisions or instructions of the heads of regions and cities?

Kozimdjon Komilov: “Any citizen of the Republic of Uzbekistan has the right to apply to the administrative court for an invalidation (in whole or in part) of an act of a state body or self-governing body of citizens, illegal actions (inaction) of their officials if he/she believes that the impugned act is fully or in part does not comply with the law, violates his/her rights and interests protected by law, and also unlawfully lays on him/her any obligation or creates other obstacles to perform his/her entrepreneurial activities.”

Vohid Mukhitdinov: Dear Kozimdjon Fozilovich, I appeal to you about the corruption and conspiracy of judges in the Civil Courts of the judicial system of Uzbekistan. I am an entrepreneur Vohid Mukhitdinov for 5 years can not prove my rightness and legality of buying through the property exchange an object sold by the decision of the Economic Court of Namangan region for debts to taxes, budget and other economic entities of the Republic of Uzbekistan. This enterprise is 100% state and illegally involved the Chamber of Commerce and Industry of Namangan region for trial without paying a fee of about 100 million soums. The Namangan regional CCI had no rights for this. The Chamber of Entrepreneurs was created to protect the rights of entrepreneurs and not to evade the state enterprise from the state duty for the trial, taking into its ranks the state enterprise!!!

The Constitutional Court of the Republic of Uzbekistan gave a clear explanation in written form of the illegality of this unprecedented case, I presented this letter to the Ferghana Regional Civil Court, but the court ignored this argument, in addition, all my substantiated arguments based on Uzbekistan legislation were ignored, in addition all court sessions were held with violation, not taking into account our arguments, moreover, all our written arguments about the illegality of the filing of the claim and the acceptance by the judges of illegal solutions were destroyed! I am tired of proving to the judges that I, as a diligent buyer of Art. 229 of the Civil Code of Uzbekistan, am the undisputed owner of the object I bought. This object was bought for 428.0 million soums and fulfilled all obligations without violation, after purchase, invested about 2 billion soums in this facility and employed more than 50-60 people.

The Economic Court made a decision in 2012 about the illegality of filing a claim, and it is valid, but the Civil Court, disregarding the decision of the Economic Court, accepted this claim with the assistance of the Chamber of Entrepreneurs of Namangan region. And is the decision of the Economic Court of the Republic of Uzbekistan has no legal effect???!

I ask you to consider this situation, to block this corrupt phenomenon performed by the Civil Court and the above-mentioned employees of your department.

Kozimdjon Komilov: “The appeal indicates that the civil courts are considering the dispute, despite the decision of the economic court of 2012 on the illegality of filing a lawsuit, does not agree with the actions of the Chamber of Commerce and Industry of Namangan region to assist the company in filing an action without payment by the state duties in the amount of about 100 million soums, as well as disagree with the actions of the judges (accusing them in corruption).
In accordance with Article 1 of the CCP of the Republic of Uzbekistan, everyone is guaranteed judicial protection of his rights and protected laws of interest. The Law of the Republic of Uzbekistan ‘On the Chamber of Commerce and Industry’ territorial units of the TTP has the right to appeal to the court in the interests of the members of the Chamber.

The current civil procedural law does not contain such grounds for refusing to accept the statement of claim as having a valid economic court decision.

Thus, both the CCI and the court did not make any violation of the law.

In addition, the correctness and validity of judicial decisions was the subject of study and letter of the Supreme Court No. 12-365-17 of July 13, 2017, the applicant was given an appropriate response.

Evidence of conspiracy and corruption by the applicant was not provided.”

Rahmat Rakhimov: Despite the evidence presented and the evidence of the witnesses the court denied me the satisfaction of my right by law to inherit in the apartment left after death by my mother. Because of the mistake made in the registry office in 1946, it turned out that I have different surnames with my parents. Now I do not want to go into details, but there were interested people who, by court order, inherited the apartment. The most insulting thing for me in this case is that in fact the court recognized that my biological parents are not mine, and me as a dishonest person who forged the documents. I am 75 and I want justice!

Kozimdjon Komilov: “The appeal states that because of the different spelling of the surname in the documents, the applicant lost the court. According to the current legislation, the main document containing the data on the person is the birth record. On the basis of this record, identity documents are issued - a birth certificate, a passport, and later all other documents are drawn up on the basis of identity documents. In this connection, Rahmat Rakhimov is recommended to apply to the registry office for the correction of errors in writing his name, and then bring all the other documents in line.

As for the court’s decision, you must now appeal to higher instances. I am sure that justice will prevail!”

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