EXPERT OPINION
courts can use this as a ground for
refusal to recognize and enforce
foreign judgments if a local court
disagrees with the conclusions
of a foreign court on the merits
of a dispute. That said, in this
case, local courts could state that
recognition and enforcement of a
foreign judgment conflicts with the
principles of Uzbek legislation.
In that regard, we believe that
it would be reasonable for the
Supreme Court of Uzbekistan to
clarify the application of the above
provisions of the CEP in order to
avoid the risk of their misuse by
local courts.
Disputes with state
bodies and officials
According to the CAP, the following,
among other things, is reserved for
the competence of administrative
courts: cases challenging decisions
and actions/inaction of government
bodies and other institutions in
charge of administrative and legal
activities and self-government
bodies and their officers that
conflict the law and violate rights
and law-protected interests of
citizens or legal entities.
Such cases include disputes
relating to challenging decisions
of tax, customs and other state
agencies on collection of taxes and
other mandatory payments.
Unless otherwise provided by
international treaties to which
the Republic of Uzbekistan is a
party, disputes with participation
of national and foreign companies
and citizens that carry out
activities in the territory of
Uzbekistan are reserved for the
competence of administrative
courts. In general, the adoption of the
Codes can be regarded as a
positive step aimed at improving
the judicial system of the Republic
of Uzbekistan.
Representation in
courts However, as stated above, a
number of provisions of the
Codes introduce certain features
of examination of cases with
participation of foreign persons.
Provisions of the Codes establish
certain restrictions on conducting
cases through representatives
in courts of the Republic of
Uzbekistan.
Thus, in accordance with the
Codes, only advocates who are
citizens of Uzbekistan are entitled
to act as representatives in
economic courts.
In addition to advocates,
interests of companies and
non- profit organizations can be
represented by their employees
and representatives of non-profit
organizations. The CCP provides
for the possibility of a person
acting as a representative if such
person is admitted directly by the
court.
This provision actually imposes
a restriction on the participation
in the proceedings of foreign
lawyers who, by virtue of the
current legislation of Uzbekistan,
are not entitled to the status of an
advocate.
However, the level of local
advocates’ services does not
always correspond to the level
prevailing in the legal environment
of certain jurisdictions (for
example, the USA, Great Britain,
Germany, France).
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Also, the application of certain
provisions of the Codes will require
further clarification in judicial
practice.
Authors: Alexander Korobeinikov,
Counsel, Baker McKenzie,
Igor Zakharov, Attorney at law,
CENTIL Law Firm
The Code of Civil Procedure of the Republic
of Uzbekistan of 22 January 2018.
1
The Code of Economic Procedure of the
Republic of Uzbekistan of 24 January 2018.
2
The Code of Administrative Procedure of the
Republic of Uzbekistan of 25 January 2018.
3
The Code of Civil Procedure of the Republic
of Uzbekistan approved by Law No. 477-I
of the Republic of Uzbekistan of 30 August
1997.
4
The Code of Economic Procedure of the
Republic of Uzbekistan approved by Law No.
478-I of the Republic of Uzbekistan of 30
August 1997.
5
6
Uzbekistan is a party to the Convention on
the Recognition and Enforcement of Foreign
Arbitral Awards executed on 10 June 1958
in New York (hereinafter referred to as the
“New York Conven-tion”), the Agreement on
the Procedure for the Resolution of Disputes
Related to the Implementa-tion of Economic
Activities executed on 20 March 1992 in
Kiev, the Convention on Legal Assistance and
Legal Relations in Civil, Family and Criminal
Matters, executed on 22 January 1993 in
Minsk and a number of bilateral and multilat-
eral agree-ments on enforcement of foreign
judgments. At the same time, in the case of
most economically developed countries, such
agreements are not available.