The institution of simplified enforcement proceedings represents a special procedure for the execution of certain categories of enforcement documents, ensuring speed, cost reduction, and minimal involvement of the parties. This procedure is an important element of the modernization of the enforcement legislation of the Republic of Uzbekistan, enshrined in the Law “On Enforcement of Judicial Acts and Acts of Other Bodies” (2001).
It is aimed at improving the efficiency of the enforcement of judicial and other decisions, reducing the workload of enforcement authorities, and accelerating the satisfaction of creditors’ claims.
1. Concept and Legal Basis of Simplified Enforcement Proceedings
Simplified enforcement proceedings are a form of enforcement under which certain types of enforcement documents are executed without initiating full enforcement proceedings or with limited participation of state executors.
The legal basis includes:
2. Categories of Enforcement Documents Executed in a Simplified Manner
They include:
3. Features of the Simplified Procedure
4. Tables
Table 1. Comparison of General and Simplified Enforcement Proceedings
|
Criterion |
General Proceedings |
Simplified Proceedings |
|
Enforcement body |
State executor |
Banks, employers, state bodies |
|
Procedural acts |
Decision to initiate proceedings, property arrest, valuation, sale |
Direct submission of document to bank/authority |
|
Deadlines |
From 15 days and longer |
1–15 days depending on the document |
|
Coercive measures |
Arrest, inventory, sale of property, travel restriction, etc. |
Withholding from income or account debit |
|
Participation of parties |
Active: both creditor and debtor participate |
Minimal |
|
Examples |
Recovery of large debts, property enforcement |
Alimony, utility debts, fines |
Table 2. Types of Enforcement Documents Subject to Simplified Execution
|
Type of Document |
Issued By |
Brief Description of Execution |
|
Notarized agreement on payment of alimony |
Notary |
Sent to employer; withholding from salary is carried out immediately |
|
Decisions on recovery of utility payments |
Courts/supplier companies |
Executed through presentation to a bank or energy supplier |
|
Decisions imposing fines |
Internal affairs or tax authorities, etc. |
Payment made through banks or online systems |
|
Writs of execution for recovery from bank accounts |
Courts |
Sent to the bank; automatic debit is performed |
|
Tax debt recovery demands |
Tax authorities |
Executed through a direct debit order on the debtor’s accounts |
5. Advantages and Disadvantages of the Simplified Procedure
Advantages:
Disadvantages:
6. Analysis and Practical Challenges
Practical implementation of simplified proceedings has revealed several issues:
Proposals for improvement:
Simplified enforcement proceedings are an important mechanism within Uzbekistan’s enforcement system. They facilitate the recovery of minor and routine obligations, enhance the efficiency of law enforcement, and reinforce the principle of inevitability of execution of judicial decisions.
However, further improvement of this institution requires digitalization, expansion of simplified procedures, and strengthening of monitoring mechanisms.
Table 3. Classification of Enforcement Documents by Type of Execution
|
Category |
Examples of Enforcement Documents |
Execution Procedure |
Key Features |
|
Executed exclusively under general procedure |
– Recovery of large monetary amounts; – Enforcement on real estate; – Sale of movable property; – Recovery of corporate rights (shares, interests); – Non-property claims (reinstatement, child transfer, removal of obstacles, etc.) |
General enforcement proceedings |
Full cycle: initiation, arrest, valuation, auction, fund distribution. Simplified form not allowed. |
|
Executed under simplified procedure |
– Notarized alimony agreements; – Collection of utility debts (electricity, gas, water); – Administrative or tax fines; – Monetary recovery from bank accounts; – Tax debit orders |
Simplified enforcement proceedings |
No full case initiation: documents are sent directly to banks, employers, or organizations. Period — 1–15 days. |
|
Executed under mixed procedure (depending on conditions) |
– Minor property disputes (up to a certain amount); – Recovery of periodic payments (alimony, fines, membership fees); – Administrative decisions on minor sums |
Either simplified procedure via direct execution (bank/employer) or general procedure if the debtor evades payment |
Enables flexible and accelerated mechanisms; if evasion occurs, full enforcement cycle applies. |
In conclusion, general enforcement proceedings apply to complex and high-value property claims as well as all non-property disputes, while simplified proceedings are effective for the collection of regular or small-amount monetary obligations.