Termination of Enforcement Proceedings

Publication date: 18.08.2025

Enforcement proceedings represent the final stage of the administration of justice, during which state bailiffs ensure the actual implementation of court judgments and other enforceable documents. However, legislation provides for cases when enforcement proceedings cannot or should not continue. These situations form the legal institution of the termination of enforcement proceedings.

Termination of enforcement proceedings serves as a guarantee of compliance with the principle of legality and the protection of the rights of participants, excluding the unjustified application of coercive measures.

The rules on termination of enforcement proceedings are established in:

The Law of the Republic of Uzbekistan “On Enforcement of Judicial Acts and Acts of Other Bodies” (2001);
The Civil Procedure Code of the Republic of Uzbekistan;
The Economic Procedure Code of the Republic of Uzbekistan;
Subordinate regulations of the Ministry of Justice and the Bureau of Compulsory Enforcement (BPI).

Grounds for Termination of Enforcement Proceedings

Actual fulfillment of obligations — the debtor has voluntarily or compulsorily fulfilled the obligation.
Termination of the obligation on other grounds (novation, set-off, debt forgiveness, etc.).
Death of the debtor (individual), if the obligation cannot be transferred to heirs.
Liquidation of a legal entity-debtor where there is no legal successor.
Waiver of enforcement by the claimant, if such refusal does not infringe the rights of third parties.
Revocation of the court decision or enforcement document.
Conclusion of an amicable agreement between the parties and its approval by the court.
Other cases expressly provided by law.

Legal Consequences of Termination

The enforcement proceedings are considered completed.
All coercive measures are lifted (arrests, prohibitions, restrictions).
The enforcement documents must be returned to the court or authority that issued them.
The parties retain the right to seek protection of their rights again if new grounds arise.

Tables

Table 1. Grounds for Termination of Enforcement Proceedings

№	Ground	Example	Legal Significance
1	Fulfillment of obligations	The debtor paid the debt in full	The proceedings lose their subject matter
2	Termination of obligation by other means	Set-off of mutual claims	No need for further enforcement
3	Death of debtor	Individual debtor dies and obligation is personal in nature	Proceedings cannot be continued
4	Liquidation of legal entity	The debtor company is liquidated without successor	No subject for enforcement
5	Waiver by claimant	The claimant withdraws the claim or enforcement demand	Proceedings are terminated
6	Revocation of court decision	The court annulled the decision underlying the enforcement	Legal basis is eliminated
7	Amicable agreement	The debtor and claimant agreed on installment or partial payment	Court confirms termination
8	Other cases	Loss of enforcement document	Enforcement becomes impossible

Table 2. Difference Between Termination and Suspension of Proceedings

Criterion	Termination	Suspension
Nature	Final completion of proceedings	Temporary pause
Basis	Absence of subject matter or possibility of enforcement	Circumstances temporarily preventing enforcement
Consequences	All enforcement measures are lifted	Measures may remain in place
Right of re-application	Permitted if new grounds arise	Proceedings resume once obstacles are removed

Table 3. Practical Examples and Consequences

Situation	Type of Termination	Consequence
The debtor repaid the full amount of debt	Termination due to performance	Proceedings closed, arrest lifted
Court overturned the first-instance decision	Termination due to lack of legal basis	Claimant may file a new lawsuit
Claimant withdrew the claim	Termination upon claimant’s request	Proceedings closed, but third-party rights preserved
Debtor company liquidated	Termination due to lack of subject	Claimant may file in bankruptcy proceedings
Death of debtor (individual)	Termination of personal obligation	Proceedings closed without succession

Analysis and Practical Issues

In practice, termination of enforcement proceedings raises several issues:

It is often used as a means of abuse of rights (e.g., fictitious liquidation of a legal entity).
Untimely lifting of arrests violates the rights of debtors.
Difficulties in returning enforcement documents.

Proposals for improvement:

Strengthening control over the legality of liquidation of debtor legal entities.
Digitalization of the termination process (automatic lifting of arrests).
Introduction of an expedited procedure for returning enforcement documents.
Establishing personal liability of bailiffs for unjustified delays in termination.