Reform For Improvement Court Enforcement Proceedings

As the enforcement proceedings in Uzbekistan proved to be inefficient and protracted, the State takes a decision to improve and simplify the processes in this field. The state body that is responsible for the enforcement proceedings is the Bureau of Mandatory Enforcement under the General Prosecutor's Office of the Republic of Uzbekistan (the "Bureau"). The growing number of enforcement proceedings and excessive workload of court enforcement officers are the main contributors to the inadequate performance of the Bureau. Taking this into account, the Presidential Decree No. PP - 4236 dated 12.03.2019 "On Measures to Further Improve Effectiveness of Mandatory Execution of Judicial Decisions and Acts of Other Bodies" has been adopted.

The Decree introduces the initiatives that shall alleviate the workload on the enforcement officers and, as a result, accommodate improved performance of the enforcement proceedings. It is aimed at reducing the time required for the procedures and establishing the alternative forms of the enforcement mechanisms and means to resolve the conflict in the form of mediation. Another important measure is the introduction of the Code on Court Enforcement Proceedings that shall bring together all statutory regulations and guarantee their direct effect.

The Institution of Mediation

The possibility of mediation as a method of conflict resolution at the stage of enforcement proceedings shall be introduced as of April 1, 2019. Such an option shall allow the parties postponing the enforcement proceedings for a period not exceeding 15 (fifteen) days, within which they have a right to come to the consensus as to the terms and conditions of the execution of the judgment. The conclusion of the agreement as the result of the mediation terminates the enforcement proceedings. In all other cases, the postponed enforcement shall continue without the possibility to implement the second round of mediation proceedings. Even though, the commercial mediation relies on the consensual participation of the parties, the mediation agreement is binding and can be enforced, if necessary.

The mediation allows speeding up the execution of the judgment as the debtor who finds mutual understanding with the creditor will discharge his/her duties more willingly. The conclusion of the mediation agreement, in turn, will accelerate the creditor' satisfying its claim.

The Automation and Digitalization of Processes

Starting from October 1, 2019, the Bureau...