The Kashkadarya regional sector of the Office of the Commissioner for the Protection of the Rights and Legitimate Interests of Business Entities considered the appeal of A.A. Boltaev, the head of the Samandar Nur farm operating in the Nishon district of the Kashkadarya region.

As it was established, the Nishan district department of the Bureau of Compulsory Enforcement made decisions to initiate 5 enforcement cases from 02/01/2022 to 10/23/2022 to recover a total of 35 million soums from the Samandar Nur farm.

However, without notification of the debtor by state executors about the initiation of enforcement proceedings against him, the tractor, which was under collateral, was seized and, without prior notice, taken from the farm field to auction.

Government officials ignored the farmer’s repeated statements about the incorrect calculation of the debt, as well as the need to clarify the issue and warn in advance, in which case the farmer would have paid the debt.

According to Article 23 of the Law “On the Execution of Judicial Acts and Acts of Other Bodies”, in the resolution on the initiation of enforcement proceedings, the state executor sets a period for the voluntary execution of the requirements contained in the executive document, which cannot exceed fifteen days from the date of initiation of enforcement proceedings, and notifies the debtor of the forced their execution after the expiration of the established period with the collection of an enforcement fee, fines imposed by the state executor on the debtor, as well as costs of execution. A copy of the resolution to initiate enforcement proceedings no later than the next day after its issuance is sent to the claimant, the debtor, as well as the court or other body whose act is subject to execution.

In addition, the collection of a debt of 35 million soums was focused on the disproportionate size of the property, that is, a tractor purchased on credit in the amount of 977.5 million soums was taken away.

Article 60 of the Law “On the Execution of Judicial Acts and Acts of Other Bodies” provides that the arrest and sale of property of a legal entity - the debtor in relation to property rights, real estate objects, as well as raw materials and materials directly used in the production of goods, performance of work or provision of services, machines, equipment, and other fixed assets intended for direct participation in production are carried out in third place.

Also, according to Article 47 of the Law, the debtor is not given the right to indicate the types of property or items that should be foreclosed in the first place.

In connection with the presence of violations in the actions of state executors in the cases specified in the appeal, the Commissioner for the Protection of the Rights and Legitimate Interests of Business Entities submitted a submission to the Compulsory Enforcement Bureau to eliminate the identified violations of the law, the causes and conditions that contributed to their manifestation.

Also, the application to recognize the actions of government officials as illegal and to impose an obligation to remove the seizure of the tractor in the interests of protecting the rights of the farmer, submitted by employees of the Ombudsman’s Office and submitted to the Karshi Interdistrict Administrative Court, was granted.

As a result, on December 7, 2022, the seizure of the tractor was lifted and handed over to Boltaev A., and his violated rights were partially restored. Why do we say that the rights were partially restored? Because the question of the damage caused during the 49 days of illegal detention of the tractor remained open.

After this, a claim was filed with the Karshi Interdistrict Economic Court for the recovery of 355 million soums of lost profits from the Nishan district branch of the Bureau of Compulsory Enforcement, which is responsible for the interests of the farm. However, by a court decision dated April 7, 2023, the claim was unreasonably rejected. The appeal against this court decision was also rejected by the court of Kashkadarya region on 08/03/2023.

However, the farmer, who wanted to restore his rights, turned to the Supreme Court for justice. By the decision of the cassation instance of the Supreme Court dated November 30, 2023, the cassation appeal filed in the interests of the economy was partially satisfied, the unfounded decisions of the lower courts were canceled and the case was sent to the Karshi Interdistrict Economic Court for consideration in the court of first instance.

The farmer took part in court hearings together with employees of the Commissioner’s Office and proved the validity of the claims.

That is, the total damage of 355 million soums for 49 days of illegal detention of the tractor (7,260,000 soums of lost profits per day) was fully proven by the signed agreement and other evidence.

Today, February 5, 2024, the case was considered by the Karshi Interdistrict Economic Court and a fair decision was made to recover 355 million soums from the Nishan district branch of the Bureau of Compulsory Enforcement in favor of the farmer.