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Uzbekistan 18/06/2020 Pre-trial dispute resolution appeals councils set up in Uzbekistan
Pre-trial dispute resolution appeals councils set up in Uzbekistan

Tashkent, Uzbekistan (UzDaily.com) -- A resolution of the President “On measures to further improve the mechanisms for alternative dispute resolution” was adopted.

In accordance with the resolution, starting from 1 August 2020, as an experiment:

- Under the State Customs Committee, the State Committee on Land Resources, Geodesy, Cartography and the State Cadastre, the Extrabudgetary Pension Fund under the Ministry of Finance, as well as the khokimiyats of Namangan, Bukhara and Tashkent regions, Appeal councils for pre-trial settlement of disputes between individuals and legal entities and state bodies are created;

- complaints about violation of rights and freedoms, as well as the interests of individuals and legal entities protected by law as a result of illegal actions (decisions) or inaction of state bodies or officials, are considered by the Appeal Council.

This procedure does not exclude the right to appeal to individuals and legal entities in such cases directly to other authorized state bodies.

The resolution defines the main tasks of the Appeal Board.

One of the main tasks of the Appeal Board is to take measures to resolve disputes arising between individuals and legal entities and the state body, through pre-trial consideration and adoption of conclusions.

According to the resolution, the composition of the Appeal Board is approved by the decision of the head of the relevant state body for 2.5 years.

The composition of the Board of Appeal may consist of 7 to 11 members.

The Appeals Board on the issues under consideration adopts a recommendation of a recommendatory nature.

The opinion adopted by the Board of Appeal is sent to the head of the state body for consideration within 3 days, and for other information for other interested parties.

The head of the state body or his deputy, who accepted the opinion of the Board of Appeal, may consider or reject it in a written, justified form.

At the same time, the head of the state body or his deputy shall notify the Appeal Board and the parties of the decision in writing or electronically within 3 days.

The resolution approved the Regulation on the Board of Appeal for pre-trial settlement of disputes between individuals and legal entities and government bodies.

According to the decree, the creation and implementation of activities as a non-governmental non-profit organization is allowed:

Mediation Center, based on the association of professional mediators engaged in alternative methods of dispute resolution;

Alternative Dispute Resolution Center, based on the association of professional mediators, arbitration courts and international arbitrations.

One of the main tasks of the Center for Mediation and the Center for the Settlement of Disputes by alternative methods is to create conditions for the introduction of procedures for the resolution of disputes by alternative methods in mediation, the activities of arbitration courts and international arbitrations.

According to the resolution, the Tashkent mediation center will be established under the foundation of the Tashkent State Law University and the Center for Advanced Studies of Lawyers.

From 1 July 2020, as an experiment, separate premises will be allocated for the use of mediator services by conflicting citizens in the buildings of public services centers in Tashkent.

Based on the positive results of the experiment, until 1 April 2021, this practice will be extended to all buildings of public service centers.

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