PROCEDURE AND BASIS FOR APPLICATION OF PROCEDURAL COERCIVE MEASURES

This article analyzes the types of coercive measures used in civil proceedings, including coercion, warning, expulsion from the courtroom, and court fines. The article also discusses the grounds, procedure and timing of the application of coercive measures, the need for coercive measures and the practical problems arising in the process of litigation, the experience of international countries in this area, as well as the application of coercive measures in society. The role and significance of coercive procedural measures in the judicial system, its application, procedure, scope, restrictions and exceptions in the using of coercive measures, including compulsory attendance, the bodies authorized to apply these measures, their rights and obligations established by the law, relations between judicial bodies and bodies authorized to implement coercive procedural measures, comparative analysis of national and foreign civil procedural legislation on applying of coercive measures in civil court proceedings, similarities and different aspects, making suggestions and recommendations on improving procedural coercive measures in civil proceedings are analyzed.

VOLUME 3 ISSUE №1 E-ISSN: 2181-1024 A P R Volume I L1 (2022) 3, Issue 2022 TSUL Legal Report 1

12.00.02 – CONSTITUTIONAL LAW. ADMINISTRATIVE LAW. FINANCE AND CUSTOMS LAW

TSUL LEGAL REPORT INTERNATIONAL ELECTRONIC SCIENTIFIC JOURNAL

Rustambekov Islambek Rustambekovich Deputy Rector on Academic Affairs, Tashkent State University of Law, Doctor of Law, Professor

Salaev Nodirbek Saparbaevich Deputy Rector on Research and Innovations, Tashkent State University of Law, Doctor of Law, Professor

Latipov Samir Ildusovich Director of the Center for Legal Initiatives and Innovations, Tashkent State University of Law

Nematov Jasur Aminjonovich Professor of the Tashkent branch of the Russian University of Economics named after GV Plekhanov

Umarkhanova Dildora Sharipkhanovna Dean of the Faculty of International Law and Comparative Legislation, Tashkent State University of Law, Doctor of Law, Associate Professor

Abzalova Khurshida Mirziyatovna Acting Professor of the Department of Criminal Law, Criminology and Anti-corruption, Tashkent State University of Law, Doctor of Law

Nematov Jurabek Nematulloyevich Acting Professor of the Department of Administrative and Financial Law, Tashkent State University of Law, Doctor of Law

Akhmedova Guzalkhon Utkurovna Associate Professor of Criminalistics and Forensic Examination Department of Tashkent State University of Law, Doctor of Law

Ergashev Ikrom Abdurasulovich Head of Scientific Department, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law.

Yusupov Sardorbek Bahadirovich Head of the Department of Administrative and Financial Law, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

Gafurova Nozimakhon Eldarovna Head of the Department of International Law and Human Rights, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

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Khujaev Shokhjakhon Akmaljon ugli Head of Intellectual Property Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Uzakova Guzal Sharipovna Head of Environmental Law Department, Tashkent State University of Law, Associate Professor, Doctor of Philosophy in Law

Turdiev Khayitjon Usmonkul ugli Acting Associate Professor of the Department of Theory of State and Law, Tashkent State University of Law, Doctor of Philosophy in Law

Ramazonova Nargiza Abdirashidovna Head of the International Relations Department, Intellectual Property Agency under the Ministry of Justice of the Republic of Uzbekistan, Doctor of Philosophy in Law

Kurbanov Maruf Mamadaminovich Acting Associate Professor of the Department of Criminal Law, Criminology and Anti-corruption, Tashkent State University of Law, Doctor of Philosophy in Law

Narziev Otabek Sadievich Acting Professor of International Private Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Pirmatov Otabek Shavkatovich Acting Associate Professor of the Department of Civil Procedural and Economic Procedural Law, Tashkent State University of Law, Doctor of Philosophy in Law

Yakubova Iroda Bakhramovna Acting Associate Professor of Intellectual Property Law Department, Tashkent State University of Law, Doctor of Philosophy in Law

Shamsutdinov Behruz Sadriddin ugli Head of the Department of Commercialization of Scientific and Innovative Projects, Tashkent State University of Law

Saydakhmedov Umid Murodovich Judge for Economic Affairs, Tashkent Regional Court, Doctor of Philosophy in Law, Associate Professor

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Contacts Editorial office address: Tashkent, st. Sayilgoh, 35. Index 100047. Principal Contact Tel.: ([phone number hidden] Fax: ([phone number hidden] E-mail: info@legalreport.tsul.uz

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IKHTIYORJON TURABOEV, IKROM ERGASHEV Tax monitoring in Uzbekistan: problems and issues ............................................................8

DILMURODJON RAKHIMOV Organizational and legal issues of gender equality in the civil service .............................. 15

NOILA NURMAMATOVA Mechanism of appeal to the Constitutional Court .............................................................. 23

ILHOM NOROV Problems of public service in the Republic of Uzbekistan: further improvement of the public service system .............................................................................................. 30

12.00.03 – CIVIL LAW. BUSINESS LAW. FAMILY LAW. INTERNATIONAL PRIVATE LAW

BEGALI XOLMIROV The concept, importance and characteristics of electronic currency ................................. 37

MUHAMMAD ALI RAMAZONOV The concept and essence of cryptocurrency ..................................................................... 44

PARIZODABEGIM MUKHAMATKULOVA Some issues of regulation of cybersport and business activities in IT .............................. 51

12.00.04 – CIVIL PROCEDURES LAW. ECONOMIC PROCEDURES LAW. ARBITRATION PROCESS AND MEDIATION

ABDUMURAD KHAKBERDIEV Types of arbitration courts and their classification ............................................................. 57

DONIYORBEK DАVRONOV Procedure and basis for application of procedural coercive measures ............................. 68

12.00.08 – CRIMINAL LAW, CRIME PREVENTION. CRIMINOLOGY. PENAL LAW

BUNYOD ISLOMOV Mitigating factors and criminal defenses in criminal legislation of the Kingdom of Norway (comparative analysis) ...................................................................... 78

JALOLIDDIN HAYDAROV Qualification of crimes of torture and other cruel, inhuman or degrading treatment ......... 88

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12.00.09 – CRIMINAL PROCEDURE. CRIMINOLOGY, OPERATION SEARCH LAW AND FORENSIC EXAMINATION

SARBON URALOV Specific aspects of proof ................................................................................................... 96

KHAYDARALI YUNUSOV Contributions of Central Asian scholars to the development of islamic sciences: Sarakhsi – founder-father of international law ................................................................ 103

DJAMALIDDIN MUSAEV Principles of international cooperation in the field of preventing illicit trafficking in narcotic drugs, psychotropic substances and precursors . ........................................... 111

SHAHNOZA ALMOSOVA The essence of parallel import and problems of its regulation in the Republic of Uzbekistan . .................................................................................................. 121

USMON ALIEV Problems of reforming the UN security council and improving its effectiveness ............. 127

DALER VALIJONOV International legal cooperation of the prosecutors bodies against corruption ................. 134

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PROCEDURE AND BASIS FOR APPLICATION OF PROCEDURAL COERCIVE MEASURES

Keywords: coercive meаsures, court fine, removal from the courtroom, coercion, compulsory attendance, warning, ruling, court protocol, court order

Dаvronov Doniyorbek Аbdullo ugli, Lecturer, the Department of Civil Procedural and Economic Procedural Law Tashkent State University of Law e-mаil: doniyorbekdаvronov98@gmаil.com ORCID: 0000-0003-1786-8095

This article analyzes the types of coercive measures used in civil proceedings, including coercion, warning, expulsion from the courtroom, and court fines. The article also discusses the grounds, procedure and timing of the application of coercive measures, the need for coercive measures and the practical problems arising in the process of litigation, the experience of international countries in this area, as well as the application of coercive measures in society. The role and significance of coercive procedural measures in the judicial system, its application, procedure, scope, restrictions and exceptions in the using of coercive measures, including compulsory attendance, the bodies authorized to apply these measures, their rights and obligations established by the law, relations between judicial bodies and bodies authorized to implement coercive procedural measures, comparative analysis of national and foreign civil procedural legislation on applying of coercive measures in civil court proceedings, similarities and different aspects, making suggestions and recommendations on improving procedural coercive measures in civil proceedings are analyzed.

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I. Introduction By establishing various legal measures against those who violated the rules of procedure of the judicial process in the course of judicial proceedings, the courts, in addition to maintaining court order, ensuring the timely and quality of court proceedings, also serves to strengthen confidence in the judiciary, justice. There are a number of scientific and theoretical views on the necessity, importance and significance of this institute, and the debate continues. In particular, the Honored Lawyer of Uzbekistan, Ph.D., Professor Z.N. Esanova cites the following as necessary for the introduction of this institute: • ensures that the parties to the case adhere to the procedural rules; • promotes timely and quality court proceedings; • serves to increase the prestige of the institute of procedural coercive measures; • saves procedural time; • strengthens procedural obligation and discipline in court[16]. In the practice of civil proceedings, there are cases of violation of judicial order, failure to appear in court. In fact, it takes 2-3 months to resolve a case in civil proceedings, even if all the procedural rules are followed. This period may be further extended if the procedure is violated, or if the parties do not come to court process. The procedural coercive measures provide to follow court order and rules, as well as help to avoid violation court process. Also, according to Fiona Simpson, a well-known British lawyer, civil disrespect to the court is not a crime, but an act punishable by the court to ensure the execution of court decisions. Intentional disobedience to a court order or breach of an obligation assumed in the course of a trial is a common example of acts of civil disrespect[21]. If the claim of contempt is well-founded, unquestionable, the court has the power to punish civil contempt by imposing a sentence of up to two years’ imprisonment, a fine, or confiscation of property.

The practical problems that have arisen in the conduct of civil proceedings, the existing “white spots” in our civil law, have made it necessary to adhere to the rules of procedure in civil proceedings. Therefore, our civil procedure legislation has been amended and a new chapter, “Procedural coercive measures”, has been introduced to ensure strict adherence to procedural rules. Procedural coercive measures, as defined in Chapter 14 of the Code of Civil Procedure of the Republic of Uzbekistan, include: The following shall relate to measures of procedural coercion 1) Attachment, in cases stipulated by this Code; 2) Caution; 3) Expelling from the courtroom; 4) Court fine[18]. Application of measures of procedural coercion to the person shall not exempt him/her from executing relevant obligations established by this Code or the court. First of all, it is expedient to dwell on coercive procedural measures. II. Research result and discussion Attachment Article 144 of the Code of Civil Procedure of the Republic of Uzbekistan stipulates that a person who, in accordance with Article 313 of this Code, is obliged to attend a court hearing or is required by a court to appear in court in accordance with Article 313 of this Code. If he / she fails to appear for reasons or fails to state the reasons for his / her absence, the court may issue a ruling on his / her compulsory summons. Article 313 of the Code of Civil Procedure of the Republic of Uzbekistan provides for the consideration of civil cases. According to him, the court will consider the case of incapacity of a citizen in the presence of the prosecutor and a representative of the guardianship and trusteeship authority. A citizen whose case is being considered will be summoned to court if his health condition allows. In accordance with the established article, the restriction of civil capacity and the

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person declared incapable must participate in the court session.

It is known that a citizen who, due to mental illness or mental retardation, does not understand the significance of his actions or is unable to control them, may be declared incompetent by a court in accordance with the law, and such a citizen shall be granted guardianship. A person’s participation in the court session may be excluded if the person’s state of health, mental state is temporarily impaired or otherwise prevents the person from attending the court session. In other cases, the person must attend the trial.

In addition, in cases provided for in Article 186 of the Code of Civil Procedure of the Republic of Uzbekistan, ie in cases related to the recovery of alimony against a minor, the court may consider the participation of the defendant in the court session mandatory and in the absence of the defendant. In this case, the issue of the rights of the child, his financial support until the age of majority is resolved in civil proceedings. Therefore, it can be found that the party seeking alimony is obliged to appear in court.

Not only the defendant, but also other participants who may influence the decision of the court, may be subject to coercive procedural measures. Article 222 of the Code of Civil Procedure of the Republic of Uzbekistan states that “If a witness, expert, specialist, translator fails to appear in court, the court may hears and decides whether to continue the trial or postpone the trial. If a summoned witness, expert, specialist, interpreter fails to appear in court for reasons that the court finds unexcused, they may be subject to procedural coercive measures provided for in this Code. If the summoned witness does not appear in court on the second summons, he / she may be compulsorily summoned by a court ruling”. According to this article, if third parties present at the trial are not present at the trial, the court shall consider whether it is possible to hold the trial without their participation. If it is not possible to hear the case without the participation of an interpreter, specialist, witness, expert, the court hearing shall be adjourned.

If there are circumstances that exclude the participation of the person in the trial and he has given reasons to the court in the appropriate order, the court finds that the reasons are justified; the application of coercive procedural measures may not be applied.

Importantly, according to Article 144 of the Code of Civil Procedure, a coercive procedural measure is enforceable only if the person has been duly notified of the time and place of the court session, his participation in the trial is required by law, or the court can be applied if required by According to our civil law, it is not allowed to apply a procedural coercive measure to forcibly bring a person who has not been duly notified. In that case - in what order will the participant be warned?

According to the Code of Civil Procedure of the Republic of Uzbekistan, a person required to participate in civil proceedings is considered duly notified of the place and time of the trial in the following cases: • Receipt of a subpoena or other notice from the relevant court in person or by an adult family member or other person residing at the specified address; • Also, if the court sent a text message by e-mail and there is information confirming that it was sent; • A subpoena or other notice shall be deemed to have been delivered even if the summonser refuses to receive it, if such a refusal is made; • Receipt of a report confirming the delivery of the notice using other means of communication; If it is not proved that such notification was not received or was received later, the persons involved in the case shall be deemed to have been duly notified.

In case of failure of any of the duly notified persons to appear in court (according to Article 220 of the Code of Civil Procedure), the trial shall be postponed. If the participants

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in the trial who received the court notice do not appear in court for the second time and the court finds that the case cannot be resolved without their participation, the court may impose a coercive measure of restraint.

According to the general principles, the following documents are the basis for the compulsory presentation of a person and must be executed within the time limits specified in these documents, ie the decision or ruling:

Report of Investigator’s the inquiry Attachment decision officer

The ruling on compulsory summons issued by the court must contain the following: • Time and place of the ruling; • Name of the court, surname, name and patronymic of the judge, clerk of the court session; • Persons involved in the case; • The subject of the dispute and the nature of the issue to be resolved by the ruling; • Grounds that led to the court’s conclusion and references to applicable laws and other legislation; • Court opinion on the case; • Procedure and deadline for appealing (protesting) against the ruling.

In addition to the information provided for in the ruling on compulsory extradition, the date, time and place of the compulsory extradition, as well as to which territorial body of internal affairs the compulsory extradition was submitted shall be indicated[18].

In practice, the number of cases of non-appearance in court during inquiries and investigations, as well as the need to apply coercive procedural measures has increased. Therefore, in order to regulate this relationship, the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan No. 1024 was accepted on December 15, 2018, about “Regulations on In the Republic of Uzbekistan, the issue of compulsory citation in court proceedings and investigations is regulated only by the Regulations” approved by the Resolution of the Cabinet of Ministers. This Regulation establishes the procedure for the execution of instructions on the compulsory summoning of persons who refuse to appear in the inquiry, preliminary investigation bodies or the court for unjustified reasons[15].

The decision of the inquiry officer, investigator, prosecutor and the ruling of the court on criminal, administrative or civil cases shall be the basis for the performance of the coercive procedural action.

As there is no other normative legal act on compulsory extradition in our national legislation, the above regulation applies to both civil proceedings and inquiries and

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investigations. Compulsory summons shall be applied to ensure that the suspect, accused, defendant, victim, or witness participates in criminal proceedings or court proceedings, if it is established that they refused to appear for unjustified reasons.

According to Article 313 of the Code of Civil Procedure of the Republic of Uzbekistan, a person who is obliged to participate in court proceedings or is required by a court to appear in court in cases provided for in the Code of Civil Procedure, fails to appear in court for unjustified reasons. If he does not state the reasons for his absence, the court may issue a ruling on his compulsory summons. In addition, in accordance with Article 144 of the Code of Civil Procedure of the Republic of Uzbekistan, compulsory summons does not apply to minors, pregnant women, persons who are unable to appear in court due to illness, age or other valid reasons. Their parents or guardians carry out compulsory extradition of juveniles in criminal cases. The law enforcement officer shall acquaint the parents of the juvenile or their substitutes with the decision (ruling) on​​ the forcible extradition and sign it.

In civil proceedings, it can be applied if one of the duly notified parties fails to appear in court, if he is hiding from the court or does not have a clear place of residence.

According to this regulation, the decision of the court on compulsory summons must be executed within the period specified in this ruling. If there are deficiencies in the ruling on enforcement, the decision on enforcement will be sent immediately to the court that issued the ruling with a letter of redress to rectify the deficiencies without execution.

Compulsory citation is carried out in the following order. The ruling on the application of coercive procedural measures shall be registered by the secretariat of the internal affairs body on the day of its receipt and shall be duly entered in a special working journal and handed over to the executor by the head of the body or his temporary manager should be done. Accordingly, the executor may be a prophylactic (senior) inspector or a criminal investigation officer.

It is strictly forbidden to hand over the ruling to enforcement (senior) inspectors in order to leave the attached territory when it is necessary to travel to another district or province in order to enforce the ruling on forced eviction.

The law enforcement officer shall take measures to transport the person to be summoned at the time and place specified in the order on compulsory extradition. It shall take all necessary measures prescribed by law to enforce the ruling.

A law enforcement officer must comply with the rights and legitimate interests of the person, respect his honor and dignity, and explain his rights and obligations to the person being extradited.

If the person to be deported is studying or working, the deportation order shall be notified to the administration of the place of study or work and instructions shall be given to provide practical assistance in ensuring its execution. In case of resistance to legal requirements during the execution of a coercive order, a police officer shall have the right to use physical force, special means and weapons against the person who objected in accordance with the Law of the Republic of Uzbekistan “On Internal Affairs”.

In this case, a report shall be drawn up stating the nature, time and place of the offense and the measures taken against the person. A report on the use of physical force and special means shall be submitted to the head of the internal affairs body within two days and a report on the use of firearms within 24 hours. The court that issued the ruling will be notified[15].

Any case of damage to life, health or property of individuals, as well as property of legal entities as a result of the use of physical force and special means, as well as all cases of use of firearms. The prosecutor shall be notified immediately.

When a person is brought to court, he / she shall sign and certify a copy of the certificate of acceptance.

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If, in accordance with Article 264 of the Code of Criminal Procedure of the Republic of Uzbekistan, the body of internal affairs finds that the person could not be forcibly brought due to escaping, vacation, business trip, serious illness or other reasons, draws up a report on the case and informs the inquiry officer, investigator, prosecutor or court who issued the decision or ruling[15]. The certificate shall detail the circumstances that prevented the forcible transfer of the person and shall be signed by the enforcement officer, the chairman of the mahalla citizens’ assembly, witnesses and other participants. If the person to be brought must report that he / she is unable to attend the summons due to a serious illness, his / her illness must be confirmed in the manner prescribed by the regional health institution. A medical certificate issued by a regional health facility must be attached to the certificate issued in connection with the impossibility of forcible return of the person. In cases when it is not possible to find the person to be deported from the place of residence or place of work and it takes time to determine the actual place of residence, the judge who issued the deportation order shall be notified within 5 days. A law enforcement officer must comply with the rights and legitimate interests of the person, respect his honor and dignity, and explain his rights and obligations to the person being extradited. Compulsory attendance will take place from 06:00 to 22:00. If a person is to be extradited, the law enforcement officer must present a warrant for his extradition, obtain a receipt and bring it to the court that issued the warrant. The ruling must be accompanied by the time and place where the person was found, the time of his extradition, as well as a certificate of application, complaint and request for his extradition. However, our civil procedure legislation provides for a number of exceptions, ie the following persons are not subject to coercive procedural measures[16, p10]:

minors pregnant women persons who are unable to appear in court due to illness, age or other valid reasons

The coercive procedural measure of enforcement must be enforced immediately. An appeal may be lodged against a court ruling on the application of a coercive procedural measure, but it shall not suspend the enforcement of the coercive measure. This means that in cases where it is not possible to hear the case without the participation of the parties and the court finds it necessary for the parties to participate in the trial, the court based on a ruling on citation. Another procedural coercive measure established by our civil procedure legislation is a warning and expelling from the courtroom. It is known that strict adherence to the rules of the court during the trial allows you to resolve the case in a quality and timely manner. However, in practice, there are also cases of violation of the established order of the court during the trial. Persons who violate the rules of procedure or do not comply with the rules of internal order may be subject to a court warning or expulsion from the courtroom. In the course of the proceedings, the court may warn participants, parties, specialists, interpreters, experts and other persons, and even prosecutors and lawyers who do not obey the orders of the chairperson of the court. If the warned person continues to violate the court order, or again violates the court order, the court may impose a procedural coercive measure of expulsion from the courtroom.

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According to Article 145 of the Code of Civil Procedure of the Republic of Uzbekistan, in case of violation of the order by one of the parties or third parties at the hearing, the court may suspend the proceedings for the entire period, if the person is not present at the trial. If he does not give it, or expels part of it from the assembly hall. When the temporarily expelled person is re-admitted to the courtroom, the presiding judge shall acquaint him with the procedural actions taken in his absence[16, p.13]. In this case, too, the court may extend the period of consideration of the case. If both parties and third parties violate the order at the hearing, the court may adjourn the hearing. The court may also postpone the hearing of the case in the event of a mass violation of the established procedure of the court by the citizens present at the court session. In addition to these cases, there are cases when the prosecutor or the lawyer does not obey the orders of the chairperson of the court. If a prosecutor or a lawyer does not obey the judge’s decisions during the trial, they may also be warned in the prescribed manner. If these persons do not comply with the order even after being duly notified by the court, they will be replaced. If this is not possible, the civil court may adjourn the proceedings by issuing a ruling on adjournment. It is established that a judge may issue a private ruling in accordance with the procedure established by his / her competence and send it to a higher prosecutor, as well as to qualification commissions established under the territorial department of the Chamber of Advocates of the Republic of Uzbekistan[13]. If the above circumstances occur in the course of the proceedings and the riots continue despite the court’s warning, the court shall adjourn the hearing on the grounds set forth in the first and second parts of Article 223 of the Code of Civil Procedure. In these cases, too, the protection of the rights of those who have applied to the court for protection of their violated interests is not ensured in a timely manner.

The minutes of the court session shall contain notes on the application of warning procedural coercive measures by the court to the persons who violated the court order. One of the procedural coercive measures established by our legislation is a court fine. In the course of civil proceedings, the participants in the proceedings and other persons present at the civil proceedings related to the civil proceedings may also be fined by the court. The main purpose of imposing fines by the court is to ensure the timely and correct consideration of civil cases in court, to maintain the established order in the court proceedings and to ensure the fulfillment of procedural duties by the persons involved in the case. Judicial fines are levied at the expense of the state and are intended to ensure discipline by the participants in the proceedings and other persons involved in the proceedings, thereby protecting the violated rights and legally protected interests of citizens and organizations. According to our civil procedure legislation, court fines are imposed by the relevant court. The amount of the fine imposed by the judge should not exceed the amount established by law, five times the amount of the basic calculation. The fined person may also request the court that imposed the fine to waive the fine or reduce the amount of the fine within five days after receiving a copy of the court ruling. The application will be considered in court, notifying the person fined[12]. The question naturally arises - who are the fines applied to? The previous version of the Code of Civil Procedure of the Republic of Uzbekistan did not provide for the application of coercive procedural measures against witnesses and experts. A witness shall be liable in accordance with Articles 238 and 240 of the Criminal Code of the Republic of Uzbekistan for knowingly giving false testimony, refusing to testify or refusing to testify for reasons that the court finds unjustified was marked. No coercive procedural measures were provided for the coercion of a witness.

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Although the testimony of a witness had a significant effect on the decision in the case, the previous version of the Code of Civil Procedure did not provide for the imposition of a coercive procedural sanction on a witness.

In this regard, Professor of Law of the Republic of Uzbekistan D.Yu. Khabibullayev noted that as a procedural coercive measure, court fines should be imposed on experts or specialists. For example, a system should be put in place to warn that if an expert fails to appear on a subpoena for reasons that the court finds unjustified, the court may impose a fine[12, p58].

In the new version of the Code of Civil Procedure, if a witness fails to appear for unjustified reasons or refuses to testify after being notified of the time and place of the court hearing, a fine under Article 146 of the Code of Civil Procedure shall be imposed on the witness.

In addition, court fines are levied on the following persons only in cases provided for in the Code of Civil Procedure. For example, in the cases specified in Articles 60,62,86,92,110 of the Code of Civil Procedure, the court specifies the grounds for imposing fines and their amount. In particular, organizations or citizens who do not participate in court proceedings may be fined under Article 146 of the Code of Civil Procedure if organizations or citizens do not provide the court with written or material evidence requested by the court or do not provide good reasons. Significantly, the imposition of a fine does not exempt a citizen or organization from fulfilling an obligation, that is, from providing written or material evidence. Judicial fines can also be imposed on experts or specialists. For example, if an expert fails to appear on a subpoena for reasons that the court finds unjustified, the court will impose a fine.

Penalties imposed on officials of organizations by the court are collected from their own funds. A fine shall be imposed and a copy shall be immediately sent to the person fined. A court decision on imposition of a fine may be appealed or protested within ten days[10].

III. Conclution According to Article 148 of the Code of Civil Procedure of the Republic of Uzbekistan, a petition for a reduction or full release of a fine imposed by a civil court may be filed within five days from the date of the court ruling and upon notification of the petition will be considered in court. In this case, it does not matter whether the applicant appears in court or not.

The Code of Civil Procedure of the Republic of Uzbekistan also stipulates that those who fail to provide written evidence may be fined. First, physical evidence is something that can serve as a means of determining the circumstances relevant to the case. Material evidence is examined by the court and provided to the persons involved in the case, representatives, if necessary - experts and witnesses. In cases where special knowledge in the field of science, art, technology or profession is required to determine the material evidence, the material evidence may be the subject of forensic examination[12]. Consequently, failure to provide the court or a person designated by the court with material evidence that is important for the correct and reasonable resolution of a civil case shall result in the imposition of a fine and the imposition of a fine shall not release the person from the obligation. It is also possible to impose a fine for non-compliance with the requirements of the lawsuit. The fines imposed by the court are intended to ensure discipline by the participants in the proceedings and other persons involved in the proceedings, thereby protecting the violated rights and legally protected interests of citizens and organizations.

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