The enforcement of judicial acts is a key element of the rule of law and justice. A court decision itself has no practical value without an effective mechanism for its implementation. It is at the enforcement stage that the actual protection of violated rights takes place, and justice acquires its real meaning.
In the Republic of Uzbekistan, the legal regulation of the enforcement of judicial acts and acts of other bodies is provided by the Law “On Enforcement of Judicial Acts and Acts of Other Bodies” (hereinafter referred to as the Law).
This normative act systematizes provisions governing the procedure for enforcement, the rights and duties of participants, protection guarantees, and special procedures — particularly, the simplified enforcement procedure.
Legal Nature of Enforcement Proceedings
In legal doctrine, enforcement proceedings are traditionally regarded as the final stage of civil procedure. However, their nature is complex:
Thus, enforcement proceedings in Uzbekistan occupy an intermediate position between procedural and administrative law, giving this Law special importance in the legal system.
Normative Framework
The Law consists of four major sections:
Special attention is given to the simplified procedure, a legislative innovation designed to accelerate enforcement.
Types of Enforcement Documents
The following are subject to enforcement:
|
Type of Document |
Term for Submission |
Voluntary Compliance Period |
Key Features |
|
Enforcement Writ |
3 years |
15 days |
Universal document issued by courts |
|
Court Order |
3 years |
up to 5 days |
Subject to simplified procedure |
|
Notarial Executive Inscription |
3 years |
up to 5 days |
Enforced for undisputed obligations |
|
Labor Dispute Commission Certificates |
3 months |
15 days |
Social and legal nature |
|
Administrative Penalty Rulings |
3 months |
15 days |
Recovery of fines and fees |
General and Simplified Enforcement Procedures
1. General Procedure
2. Simplified Procedure
|
Criterion |
General Procedure |
Simplified Procedure |
|
Voluntary Compliance Period |
15 days |
up to 5 days |
|
Applicable Documents |
All judicial acts |
Court orders, notarial inscriptions, fines |
|
Judicial Supervision |
Possible |
Minimal |
|
Social Significance |
Universal |
High (e.g., alimony, wages) |
|
Objective |
Universal enforcement |
Quick execution of undisputed obligations |
Guarantees of the Parties’ Rights
Practical Challenges
Despite progressive innovations, enforcement practice reveals several challenges:
Development Prospects
The Law of the Republic of Uzbekistan “On Enforcement of Judicial Acts and Acts of Other Bodies” reflects the modern concept of a rule-of-law state: a court decision must not only be rendered but also effectively enforced.
The simplified enforcement procedure has become a significant innovation aimed at the prompt protection of socially important rights. However, its efficiency depends directly on the level of automation, professional competence of enforcement officers, and discipline of debtors.
Hence, further development of the enforcement system should focus on: