Proceedings for Establishing Facts of Legal Significance in Economic Court Procedure

The establishment of facts having legal significance represents a special category of cases considered by economic courts. These cases are not aimed at resolving a dispute over a right but at confirming the existence or absence of a legal fact upon which the emergence, alteration, or termination of rights and obligations of entities engaged in economic relations depends. This legal mechanism plays an important role in ensuring legal certainty and creating the conditions necessary for subsequent substantive legal regulation.

Concept and Subject of Fact-Finding

According to the Economic Procedural Code of the Republic of Uzbekistan, the jurisdiction of economic courts includes cases on establishing facts that are significant for the emergence, modification, or termination of the rights of legal entities and individual entrepreneurs in the economic sphere.

A legal fact is a circumstance with which the law associates the emergence, modification, or termination of subjective rights and obligations.

In entrepreneurial practice, the need to establish a fact arises when:

• proper documents are absent (for example, they are lost or destroyed);
• confirmation is required for the registration of rights with state authorities;
• it is necessary to prevent the possibility of double submission of claims;
• it is necessary to overcome legal uncertainty in corporate relations.

Such cases differ from claim-based proceedings in that there is no dispute between parties: the court does not resolve a conflict of interests but records a fact that is relevant for the future application of substantive law.

Examples of such facts include:

• the fact of state registration of a legal entity or entrepreneur;
• the fact of possession or use of property;
• the fact that certain property is owned by a specific person;
• the fact of death of a founder of a legal entity for the purposes of succession in corporate relations;
• the fact of the presence or absence of indebtedness under economic obligations.

Jurisdiction of Fact-Finding Cases

The legislation establishes special jurisdiction rules:

• cases are considered at the place of state registration of the applicant;
• if the fact concerns rights to immovable property, the case is subject to the court at the location of the property.

These rules aim to facilitate access to justice and reduce procedural costs for applicants.

Procedural Features

• Form of application – a petition (not a statement of claim).
• Participants – the applicant and interested parties who may confirm or contest the establishment of the fact.
• Burden of proof – placed on the applicant, who must provide reliable evidence to the court (written, electronic, physical, or witness testimony).
• Judicial act – issued in the form of a decision that has prejudicial effect.
• Procedural guarantees – openness of proceedings, equality of parties, and the ability to present digital evidence (Art. 762 EPC).

Distinctive Features of Proceedings for Establishing Facts

Criterion	Fact-Finding Proceedings	Claim Proceedings
Existence of a dispute over a right	Absent	Present
Form of application	Petition	Statement of claim
Participants	Applicant and interested parties	Plaintiff and defendant
Purpose	Establishment of a legal fact	Protection of a violated right
Judicial act	Decision establishing the fact	Decision resolving the dispute
Evidence	Written, electronic, witness statements	All admissible types of evidence
Future application	Basis for the emergence, modification, or termination of rights	Immediate resolution of the dispute

Specific Features of Fact-Finding Cases

Because such cases belong to the category of special proceedings (not involving disputes over rights or conflicts of interest), they are considered within shortened time limits.

The court generally limits itself to examining the evidence submitted by the applicant and interested parties.

The process usually takes less time than claim-based disputes (20–30 days).

Time Limits for Consideration of Fact-Finding Cases

Stage	Timeframe	Legal Basis (EPC of Uzbekistan)
Acceptance of the petition	Up to 5 days	Art. 126
Preparation of the case for hearing	Within one month	Art. 134
Consideration and issuance of decision	Up to 1 month (max. 2 months if extended)	Art. 134
Appeal of decision	20 days	Art. 190
Entry of decision into legal force	Upon expiration of appeal period (if no appeal filed)	Art. 191

Conclusion

Proceedings for establishing facts of legal significance are an important element of economic court procedure in the Republic of Uzbekistan. Their specificity lies in the absence of a conflict of interests and in their purpose of confirming legal reality. Proper application of this legal institution ensures the stability of civil turnover, strengthens trust in the judicial system, and promotes the development of entrepreneurial activity.