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Features of Simplified Enforcement Proceedings

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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:

  • The Law of the Republic of Uzbekistan “On Enforcement of Judicial Acts and Acts of Other Bodies”;
  • Procedural codes (Civil Procedure Code, Economic Procedure Code, Code of Administrative Offenses);
  • Subordinate acts regulating electronic forms of enforcement.

2. Categories of Enforcement Documents Executed in a Simplified Manner

They include:

  • Recovery of monetary amounts from the debtor’s bank accounts under writs of execution;
  • Collection of debts for utilities, electricity, gas, and water;
  • Enforcement of decisions to recover alimony under a notarized agreement;
  • Administrative fines imposed by internal affairs bodies and other authorities;
  • Execution of some decisions concerning minor property claims.

3. Features of the Simplified Procedure

  • Absence of lengthy procedures — documents are sent directly to a bank, employer, or other authority.
  • Shortened execution deadlines — for example, recovery through a bank must be carried out within the next working day after receiving the enforcement document.
  • Use of electronic systems — documents may be executed electronically using a digital signature.
  • Minimal participation of the state executor — enforcement is entrusted to credit organizations, employers, and state bodies.
  • Limited use of coercive measures — for example, arrest and sale of property are not applied under 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:

  • Speed and efficiency of enforcement;
  • Reduction of workload on the Bureau of Compulsory Enforcement;
  • Digitalization and minimization of paperwork;
  • Reduction of creditor’s costs.

Disadvantages:

  • Limited range of applicable documents;
  • Impossibility of forced seizure of property;
  • Risk of abuse due to insufficient oversight.

6. Analysis and Practical Challenges

Practical implementation of simplified proceedings has revealed several issues:

  • Insufficient digitalization and failures in electronic systems;
  • Resistance from debtors (changing jobs, closing accounts);
  • Limited scope of documents, not always meeting enforcement needs.

Proposals for improvement:

  • Expanding the list of documents subject to simplified execution;
  • Strengthening electronic interaction between courts, banks, employers, and executors;
  • Creating a unified electronic portal for monitoring enforcement activities.

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.

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