World Monitor Mag WM_June 2018 web - Page 64

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). * * * 60 world monitor 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.