Enforcement Proceedings for Non-Property Disputes

The enforcement of court decisions and other executive documents in non-property disputes is an important area of enforcement proceedings. Unlike property recoveries (money or assets), non-property obligations are connected with the debtor’s duty to perform or refrain from certain actions.

This category includes cases such as reinstatement at work, provision of housing, elimination of obstacles to the use of property, transfer of a child to a parent, cessation of unlawful acts, etc. Their peculiarity lies in the fact that the creditor does not receive a monetary equivalent but exercises a personal or organizational right.

1. Legal Basis of Enforcement

The enforcement of such documents is regulated by the Law of the Republic of Uzbekistan “On the Procedure for Execution of Judicial Acts and Acts of Other Bodies” (2001) and relevant procedural codes.

Executive documents in non-property disputes include:

• Court decisions on reinstatement at work;
• Court acts on removing obstacles to the use of property;
• Decisions on transferring a child;
• Decisions requiring certain actions (e.g., registration of rights in the cadastre);
• Decisions prohibiting certain actions (e.g., stopping illegal construction).

2. Features of Enforcing Non-Property Obligations

Unlike property recoveries, the enforcement here depends on the debtor’s personal behavior.

• Direct obligation of the debtor – to perform the act personally (e.g., reinstate an employee, transfer a child).
• Impossibility of substitution by monetary compensation – enforcement must be performed in kind.
• Participation of parties – the creditor is often directly involved in the process (e.g., during the transfer of a child).
• Urgency of enforcement – such documents are executed within shorter timeframes (some immediately).
• Application of coercive measures – fines, involvement of internal affairs bodies, restriction of the debtor’s right to leave the country.

3. Tables

Table 1. Types of Non-Property Enforcement Documents and Their Features

Type of Obligation	Example	Method of Enforcement	Timeframe	Special Measures
Reinstatement at work	Court found dismissal unlawful	Employer issues an order and allows employee to resume work	Immediately	Fine to employer, liability of officials
Transfer of a child	Child transferred to mother/father	Personal participation of bailiff and guardianship authorities	Immediately, considering the child’s interests	Psychologist and police involvement
Provision of housing	Allocation of an apartment under an agreement	Handing over keys, preparing documents	Within a reasonable time	Forcible eviction of illegal occupants
Removal of obstacles	Neighbor removes illegal fence	Debtor obliged to eliminate violation	Set by court	Fine or execution at debtor’s expense
Prohibition of actions	Termination of illegal construction	Stopping construction works	Immediately	Involvement of supervisory and police authorities

Table 2. Comparison Between Enforcement of Property and Non-Property Obligations

Criterion	Property Obligations	Non-Property Obligations
Subject of enforcement	Money, property, property rights	Acts or omissions
Possibility of substitution	Monetary compensation allowed	Not allowed – must be in kind
Timeframe	Depends on property, may be lengthy	Usually urgent, sometimes immediate
Role of debtor	May be passive (property sold compulsorily)	Active obligation to perform
Coercive measures	Seizure, sale of property	Fines, police involvement, personal coercion
Examples	Debt recovery, sale of property	Reinstatement at work, transfer of child

 

4. Analysis and Practical Issues

The enforcement of decisions in non-property disputes faces several challenges:

• Psychological and social factors (e.g., resistance during transfer of a child);
• Employers’ evasion of reinstating employees;
• Difficulties with prohibitions affecting business activities;
• Need for inter-agency cooperation (guardianship, police, local authorities).

Proposals for improvement:

• Expanding the use of electronic monitoring of enforcement;
• Increasing sanctions for evading non-property obligations;
• Developing mediation and psychological support in family-related enforcement;
• Implementing mechanisms for enforcement “at the debtor’s expense” (e.g., removal of obstacles by third parties).

Enforcement of executive documents in non-property disputes is more complex and sensitive than property recoveries. It requires an integrated approach, the involvement of various government bodies, and consideration of citizens’ personal rights. Improving this institution involves enhancing coercive measures, developing socio-psychological support, and advancing digitalization of enforcement proceedings.

Table 3. Coercive Measures in Enforcing Non-Property Obligations

Type of Obligation	Example of Dispute	Possible Coercive Measures	Comment
Reinstatement at work	Illegally dismissed employee seeks reinstatement	– Fine to employer; – Administrative liability of officials; – Obligation to pay average salary for forced absence	Fines and compensation motivate quick compliance
Transfer of a child	Parental dispute over child’s residence	– Involvement of guardianship authorities; – Enforcement with police assistance; – Psychological support for the child	Priority is the protection of the child’s interests
Removal of obstacles to property use	Demolition of illegal fence or structure	– Fine to debtor; – Enforcement by state agencies at debtor’s expense; – Confiscation of materials	If debtor evades, work done by third parties with cost recovery
Termination of certain actions	Stopping illegal construction, noisy works	– Immediate intervention of authorities; – Suspension of activities; – Administrative arrest of equipment	In case of resistance, police measures apply
Performing certain actions	Registration of ownership rights, entry into register	– Fines to officials avoiding execution; – Obligation to act under threat of disqualification	Coordination with public agencies (cadastre, tax, etc.) is essential
Obligation to refrain from actions	Prohibition to violate copyright or use brand	– Judicial fines for each violation; – Blocking illegal actions (e.g., through internet providers)	Violation may entail new sanctions and criminal liability