At the regular meeting of the Plenum of the Supreme Court held on June 23, the Plenum of the Supreme Court adopted the decisions “On some issues of direct application of the norms of the Constitution of the Republic of Uzbekistan in the administration of justice”, “On judicial practice in cases related to fraud”, “Compensation of damage caused to a rehabilitated person and his other “On some issues of judicial practice on compensation of damage caused to a rehabilitated person and restoration of his other rights” and “On some issues of consideration of intellectual property cases”.
It is noted that among the crimes related to property encroachment, fraud is being committed in various new ways, and cases of fraud using information and communication technologies are increasing. This shows that it is necessary to identify the factors that lead to the commission of a crime and to develop the necessary measures for their elimination through the constant analysis of cases of this category.
“Besides, there is no unified judicial practice in making a legal and reasonable assessment of a person’s actions in dealing with cases related to fraud, in the correct qualification of the act, and in determining the difference between the composition of the crime and the civil-legal relationship. That’s why, the decision of the Plenum of the Supreme Court on October 11, 2017 “On judicial practice in cases of fraud” was required to be critically reviewed,” the press service of the Supreme Court said.
There are misunderstandings in handling criminal cases related to fraud, especially in distinguishing disputes arising from civil-legal relations from fraud crimes, in order to ensure the uniform and correct application of legal norms, the decision of the Plenum on “Court practice in fraud cases” was adopted in a new version.
Rehabilitation is the restoration of violated rights and freedoms of a person subjected to unjustified criminal prosecution. In recent years, during the reforms implemented in our country, thousands of people were rehabilitated and court decisions were issued to restore their violated rights. However, since there have been misunderstandings not only in the courts, but also in the authorities regarding this issue in compensating the damages caused to the rehabilitated persons and restoring their other rights for years. A draft of a new Plenum decision “On some issues of judicial practice on compensation of damage caused to a rehabilitated person and restoration of his other rights” was developed and adopted. In it, for the first time, exactly who is considered as a rehabilitated person, in which cases the property damage caused will be compensated in full, and other important explanations have been given.
Along with ensuring the protection of intellectual property objects, establishing and implementing mechanisms for their effective protection, as well as improving practice in this direction, is the demand of the times. For this purpose, there is a need to prevent different approaches and unify judicial practice in the consideration of lawsuits, petitions and complaints by the courts. The Plenum of the Supreme Court is required to give an explanation on the application of the law. The elaborated decision of the Plenum of the Supreme Court “On some issues of consideration of cases related to intellectual property” contained explanations on the formation of a uniform judicial practice in the consideration of cases in this regard.
