Volume 02 Issue 11-2022
6
International Journal Of History And Political Sciences
(ISSN
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2771-2222)
VOLUME
02
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Pages:
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5.
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OCLC
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1121105677
METADATA
IF
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5.458
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
The article deals with the issues of subjects of civil procedural legal relations, their civil procedural legal capacity and
personality, persons and parties involved in labor disputes on the reinstatement, their procedural and legal status and
ways to improve this institution, current trends, problems in legislation and ways of addressing them.
KEYWORDS
Labor dispute, reinstatement, persons involved in the case, procedural legal capacity, legal personality, parties,
current trends, national legislation, problems and ways of addressing them.
INTRODUCTION
Civil procedural legal relations are relations between
the court and the persons participating in the case,
which arise as a result of the consideration of a specific
civil case and are regulated by the rules of civil
procedural law.
In the theory of civil procedural law, various opinions
are also put forward on the division of subjects of civil
procedural legal relations into groups. In particular,
according to Professor E. Egamberdiev, the subjects of
civil procedural legal relations are divided into the
following three groups: court, judge; persons involved
in the case; persons facilitating the administration of
justice [1, p 64] M. K. Treushnikov, expressing his
opinion on the division of subjects of civil procedural
legal relations into three groups, as above, includes in
the first group, i.e. a group of persons resolving civil
Research Article
PERSONS IN LABOR DISPUTES ON THE REINSTATEMENT AND THEIR
PROCEDURAL AND LEGAL STATUS
Submission Date:
October 25, 2022,
Accepted Date:
October 30, 2022,
Published Date:
November 08, 2022
Crossref doi:
https://doi.org/10.37547/ijhps/Volume02Issue11-02
Kakhramon Kh. Mirsagatov
Researcher Academy Of The General Prosecutor’s Office Of The Republic Of Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijhps
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 11-2022
7
International Journal Of History And Political Sciences
(ISSN
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2771-2222)
VOLUME
02
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11
Pages:
06-16
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Publisher:
Oscar Publishing Services
Servi
cases, along with the court, the bodies for the
execution of judgments [2, p. 37]. Unlike the scientists
mentioned above, M.S. Shakaryan divides all subjects
of civil law relations into the following two groups:
1) courts: a judge considering cases in a single and
collegiate composition;
2) participants in the process: persons participating in
the case; justice facilit
ators [3, сp. 46].
Analyzing the above opinions, we can conclude that
since the execution of judgments is not vested with the
authority to administer justice in civil cases, such as the
courts, it would be wrong to classify the enforcement
bodies of judgments in the first group as a mandatory
subject of civil procedural legal relations.
Also, agreeing with the opinion of the lawyer S.A.
Yakubov, who conducted a special study of the parties
in a civil process, it would be wrong to include courts
and judges in the composition of the subjects of civil
procedural legal relations. According to S.A. Yakubova,
the Code of Civil Procedure divides the subjects of civil
procedural legal relations into two groups: persons
participating in the case and persons assisting in the
administration of justice [4, p. 6].
THE MAIN FINDINGS AND RESULTS
In our opinion, the court is an obligatory subject of civil
procedural legal relations, as an important div of
state power, the court administers justice, presides
over the trial, conducts the trial. In addition, a civil case
is initiated only if the judge accepts a statement of
claim, procedural actions are taken to consider and
resolve the case in court, and a final decision on the
case is made. In addition, Chapter 6 of the current Code
of Civil Procedure is entitled “Participants in civil
proceedings” and the legislation does not include
judges in the list of participants in civil proceedings.
At the same time, the composition of the subjects of
civil procedural legal relations is changing, and, as
Professor Sh.Sh. Shorakhmetov, the circle of subjects
of civil procedural relations is determined by the goals
and objectives of their participation in the process [5,
p. 49]. In addition, Professor M.M. Mamasiddikov
noted that the change in the circle of subjects depends
on the stages of the process and the implementation
of procedural actions leading to the involvement of a
particular person, as well as on the nature of the legal
relationship and its subjective composition [6, p. 102].
However, the above features do not apply to the judge,
who has the authority to consider and resolve the case
in court. Because the judge in any case will be present
at the consideration of the civil case, and without his
participation there will be no civil process itself.
Thus, the subjects of civil procedural legal relations are
divided into the following two groups: persons
participating in the case and persons contributing to
the administration of justice.
Persons participating in disputes on reinstatement may
be: parties, third parties, their representatives, the
prosecutor, public authorities, organizations and
persons involved in protecting the rights and legally
protected interests of other persons in the case
(Article 39 of the Code of Civil Procedure).
The correct determination of the procedural status of
the parties, i.e. the plaintiff and the defendant, who
have a special status among the persons involved in the
case, is an important factor in the correct and timely
consideration and resolution of cases in the courts for
reinstatement.
The peculiarity of the parties to a labor dispute is that
its parties are the parties to the employment contract.
Therefore, in the legal literature there is an opinion that
in this category of cases third parties who do not file
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independent claims should not be involved, and the
participation of third parties who do not file
independent claims should be limited [7, p. 203].
In the legal literature, there are various disputes about
the compatibility of the concepts
of “subjects of labor
relations” and “parties of labor disputes” or about the
existence of a clear boundary between them. In
particular, according to the legal scholar L.Yu.
Rakhimkulova, the concept of the subject of labor
relations has a much broader meaning, and the term
“parties” is used more within the framework of civil
procedural law [8, p. 39].
One of the brightest representatives of labor law, legal
scholar A.A. Inoyatov, in his scientific works, analyzing
the characteristics of labor disputes, widely used the
term subjects of labor disputes [9, p. 351].
Indeed, in the field of substantive law, it is customary
to call the participants in legal relations “subjects”. In
particular, the title of Chapter II of the Labor Code is
“Subjects of labor relations”. Chapter 6 of the Code of
Civil Procedure of our country is entitled “Participants
in civil proceedings.” Chapter 6 of the EPC of the
Republic of Uzbekistan is also called “Participants in
economic legal proceedings”[10], etc.
At this point, we will analyze the correlation and
similarity of the terms “subjects” and “parties” in labor
law and civil procedural law.
For example, the right of an employee to work is a
material right, i.e. a labor right under which a citizen
enters into an employment relationship with the
employer to exercise this right, enjoys other rights,
such as compensation for harm caused to health or
property in connection with work, in employment
conditions. All this is the realization of the employee’s
own material right.
However, if the employer violates the law in the
exercise of labor rights, that is, terminates the
employment contract with the employee in violation of
the law or issues an order to transfer the employee to
another job, requires the employee to perform work
not specified in the employment contract, then the
employee has the right to apply to the court with a
statement about reinstatement.
In turn, unlike substantive law, a different procedure
for considering and resolving an employee’s claim in
court has been established. That is, civil procedural
legal relations are conducted under the guidance and
guidance of a judge in the manner prescribed by
procedural legislation: a claim is filed, the requirements
and objections of the parties are identified, evidence is
presented, a case is prepared and appointed, the case
is heard in court, a decision is made, etc. This indicates
the presence of significant differences in the
implementation of their rights by participants in
procedural and labor legal relations, its specific
features, the nature of the relationship between the
parties, the specifics of a set of actions to ensure
compliance with the law. All this reflects the essence of
the difference between substantive and procedural
law.
In a word, the substantive legal norm includes the
norms of behavior that form the rights and obligations
of subjects, their legal status, as well as their
obligations.
At this stage, analyzing the terms “subjects” and
“parties’ in labor law and civil procedural law, agreeing
with the opinion
that “subject” is a broader concept
than the concept of “sides” in legal literature, the
parties to legal relations always have the status
subject, but not all subjects entering into legal relations
cannot have the legal status of the parties [11, p. 57],
we present the following evidence.
Volume 02 Issue 11-2022
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International Journal Of History And Political Sciences
(ISSN
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Publisher:
Oscar Publishing Services
Servi
According to the second part of Article 33 of the Code
of Civil Procedure of the Republic of Uzbekistan,
applications regarding organizations are submitted to
the court at the place of their registration. This means
that claims for reinstatement at work will be filed with
the court at the place of registration of the employer.
In this case, the correct question arises, if the dismissal
order is issued by a separate division of the
organization that has the right to hire, which court
should the employee apply to: the court at the place of
registration of the employer or the court at the place
of registration of a separate division of the
organization that has the right to hire?
At this point, it is also important to clearly determine
which court to apply to the court at the location in
order to correctly identify the defendant in the case.
After all, according to paragraph 3 of the first part of
Article 195 of the Code of Civil Procedure, if the case is
not under the jurisdiction of this court, the judge
returns the application and the documents attached to
it to the plaintiff.
In this case, issuing an order to dismiss an employee by
a separate structural unit of an organization that has
the right to hire is not enough for him to become a
party to civil proceedings. This situation may, in some
cases, lead to the involvement of the wrong defendant
in reinstatement disputes. It should be noted that the
resolution of a dispute involving the wrong defendant
will eventually lead to the annulment of the judgment.
Here is an example.
A. filed a claim with the Interdistrict Civil Court of Mirzo
Ulugbek District against the regional branch of
Engilsanoatinvest for reinstatement and recovery of
wages for the period of forced unemployment against
the company's management. The court granted his
request. The decision of the court was canceled by the
court of appeal, the case was sent for a new trial. The
decision of the court of appeal was canceled by the
decision of the Supreme Court, the decision of the
court of first instance was left unchanged. After a
second cassation appeal, the Judicial Collegium for Civil
Cases of the Supreme Court of the Republic of
Uzbekistan dated February 15, 2022 canceled the
decision of the Court of Cassation and upheld the
decision of the Court of Appeal on the following
grounds.
In accordance with Article 51 of the Charter of the
Financial and Investment Company “Legprominvest”,
approved by the Decree of the Cabinet of Ministers of
the Republic of Uzbekistan No. 179 “On the main
directions of denationalization and privatization of
enterprises of the Uzbek state association for the
production of light industry goods (“Uzbeklegprom”)”
dated April 4, 1994, the chairman of the board of the
company hires and dismisses directors of departments
[12].
Claimant A. Despite the fact that he was dismissed by
order of the head of the Uzbeklegprom branch, the
court of first instance brought the chairman of the
board of Legprominvest JSC as a defendant. His
representative was present at the court on behalf of
the chairman of the board of the company. According
to Article 51 of the Charter of the Engilsanoatinvest
Uzbekistan Financial and Investment Company, the
court did not take into account the hiring and dismissal
of the heads of departments by the chairman of the
board of the company, the dismissal of employees of
the branch of the company by order of the heads of the
branch, thereby violating Article 3993. He made a
mistake that served as the basis for the annulment of
the decision referred to in paragraph 4, and,
accordingly, the cassation instance canceled this
decision and came to a legal opinion [13].
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This shows how important it is to fix the list of persons
who can act as employers in the Labor Code of the
Republic of Uzbekistan, and not in local documents or
by-laws of labor legislation.
It is known that according to the second part of Article
72 of the Labor Code, the employee and the employer
are parties to the employment contract. Therefore, in
labor disputes, the employee is recognized as the
plaintiff, and the employer as the defendant.
It should be noted that in the current Labor Code,
Chapter II is called “Subjects of labor relations”, but
this chapter does not define the subjects of labor
relations, the status of the employee and the employer
as a subject of labor relations, their characteristics, in
which cases individuals can be employers, and
questions related to the legal capacity and capacity of
these persons are not reflected in full.
Therefore, in our opinion, it is necessary in the new
edition of the Labor Code of the Republic of
Uzbekistan to regulate in detail the legal status of
employees and employers as subjects of labor
relations, that employees and employers are subjects
of
individual
labor
relations,
to
recognize
organizations, individual divisions of organizations and
individuals who have the right employment, regardless
of the form of ownership and departmental affiliation,
by persons who may act as employers.
In turn, it must be established that individuals, if they
are registered as individual entrepreneurs, carrying out
entrepreneurial activities without forming a legal
entity; if they hire domestic workers to serve them and
help with household chores; if, in cases provided for by
law, their professional activities are subject to
registration and (or) licensing, and they have entered
into labor relations with employees in order to carry
out this activity, then they may be employers.
It is known that one of the important requirements for
the subject of civil procedural legal relations is the
presence of legal capacity and legal capacity. Article 41
of the Code of Civil Procedure provides for the norm of
civil procedural legal capacity, according to which the
ability (legal capacity) of all citizens and organizations
to have civil procedural rights and obligations is
recognized equally [14].
The terms for the emergence of civil procedural
capacity for individuals and legal entities differ. For
legal entities, legal capacity and legal capacity arise
simultaneously and coincide with the moment of their
state registration (Articles 41, 44 of the Civil Code).
In civil law, the ability of a citizen to acquire and
exercise civil rights by his actions, to create and fulfill
civil obligations for himself (capacity) is fully formed
upon reaching the age of eighteen. Academician Kh.R.
Rakhmonkulov noted that having civil capacity creates
an opportunity for a citizen to exercise his subjective
rights, indicating that a citizen can perform certain
actions [15, p. 24].
Article 42 of the Code of Civil Procedure establishes the
norms of civil procedural capacity, according to which
the opportunity to exercise their rights and obligations
in court belongs to adult citizens and organizations.
The rights and legally protected interests of minors,
that is, citizens aged fourteen to eighteen years, as well
as citizens recognized as having limited legal capacity,
are protected in court by their parents, adoptive
parents or guardians. However, this does not deprive
minors and citizens with limited legal capacity of the
right to personally participate in these cases.
However, procedural legislation provides that minors
also have the right to personally defend their rights and
legally protected interests in court in cases arising from
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labor relations and agreements related to the disposal
of wages or other income received. The issue of
involving their parents, adoptive parents or guardians
to provide assistance to minors in such cases is decided
by the court [16].
The Civil Procedure Law grants minors the right to
participate in legal proceedings by protecting their
rights and legally protected interests in court in cases
arising from labor relations and agreements related to
the disposal of wages or other income received.
However, an analysis of law enforcement practice
shows that these persons are almost never involved in
cases in which the rights and legally protected interests
of these persons are protected. This, in turn, is
explained by the fact that their parents, adoptive
parents or guardians are involved in the process, as
well as the absence i
n the country’s civil procedure
legislation of the norm that the court should involve
minors in the process. After all, minors are considered
plaintiffs or defendants in the case, even though their
rights and legally protected interests are protected by
other persons in the process, and, of course,
participation in the court case is mandatory.
The Code of Civil Procedure of most of the studied CIS
countries establishes norms on the mandatory
participation of minors in court proceedings. For
example, Article 37 of the Civil Procedure Code of the
Russian Federation [17, p. 97], Article 59 of the Code of
Civil Procedure of the Republic of Belarus[18], Article
29 of the Code of Civil Procedure of Ukraine [19], Article
45 of the Code of Civil Procedure of Kazakhstan[20].
According to paragraph 8 of Article 2 of the Code of
Civil Procedure of the Republic of Armenia, minors can
independently express their interests in court. In cases
provided for by law, they have the right to be heard in
court on matters affecting their interests [21].
However, the analysis of legal literature shows that
some scientists, for example, O.N. Zodrok, believes
that establishing the mandatory participation of
minors in the trial may in some cases affect the
psychological state of the minor, so the question of
their involvement in the process should be left to the
court. Whereas D.Yu. Ionova proposes to establish the
right not to involve minors in courts [22, p. 29].
According to another jurist, N.V. Letov, in order for a
child to exercise his rights in court to protect his
violated rights and legally protected interests, he must
have equal procedural rights and legal capacity with
other participants in the process [23].
In our opinion, minors are considered plaintiffs or
defendants in a case, although their rights and legally
protected interests are protected by other persons in
the process. Therefore, they should be taken to court.
In our opinion, in order to ensure the full protection of
the labor rights of minors in courts, it is necessary to
establish in the civil procedural legislation the need for
the court to involve minors in personal participation in
such cases. If necessary, the court should have the
right not to involve these persons in the case.
Therefore, in order to ensure full protection of the
rights and legitimate interests of minors in courts, as
well as taking into account the opinion of legislative
practice and the legal literature of the CIS member
states, it is proposed to state Article 42 of the Code of
Civil Procedure in the following wording:
“The rights and legally protected interests of minors,
that is, citizens aged fourteen to eighteen years old, as
well as citizens recognized as having limited legal
capacity, are protected in court by their parents,
adoptive parents or guardians. However, in cases
stipulated by law, minors, as well as citizens recognized
as having limited legal capacity, have the right to be
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heard in court on issues affecting their interests.
Therefore, the court must involve minors and citizens
recognized as having limited legal capacity to
participate in such cases personally. If necessary, the
court has the right not to involve these persons in the
case”.
It is known that, in accordance with Article 39 of the
Code of Civil Procedure of the Republic of Uzbekistan,
parties, third parties, their representatives, applicants
and other interested persons in special judicial
proceedings,
prosecutors,
government
bodies,
organizations and some persons involved in protecting
the rights and legally protected interests of others are
recognized process participants [24].
Not all participants in the process provided for in
Article 39 of the Code of Civil Procedure of the Republic
of Uzbekistan participate in the dispute on
reinstatement. The main reason for this is the dispute
over reinstatement cases, which are considered in
lawsuit proceedings. Therefore, parties, third parties,
their representatives, the prosecutor, government
bodies and organizations involved in protecting the
rights and legally protected interests of other persons
in the case are involved in this category of cases.
As noted in the legal literature, one of the features of
this category of disputes is that the composition of the
parties to labor disputes is strictly defined by the
employment contract and the law [25, p.38]. In
connection with the participation of the plaintiff-
employee and the defendant-employer in a labor
dispute, third parties who make independent claims in
this category of cases do not participate, and third
parties who do not make independent claims are
allowed in accordance with Article 184 of Art.
In disputes about the reinstatement at work, the
central place among the participants in the trial is
occupied by the parties, i.e. the plaintiff is the
employee and the defendant is the employer. As
Professor M.M. Mamasiddikov, it is the parties that are
the source of disputes arising from civil law relations,
civil cases are initiated on their initiative, it is the
conclusion of an amicable agreement between them
that entails the termination of the proceedings, and so
on. The parties play a central role not only in the civil
but also in the economic process. In particular, in his
studies K.S. Avezov puts forward the opinion that
among the persons participating in economic relations,
the parties occupy a separate and main place, because,
in the consideration of any cases in court, there must
be parties, a disputable relationship also arises
between them, they come into the legal field as two
opposite sides on the subject of the dispute [26, p.10].
According to Article 43 of the Code of Civil Procedure,
the plaintiff (applicant) and the defendant are parties
to the civil process. The plaintiff is a person who
applied to the court or filed a claim in order to protect
his violated or disputed rights or legally protected
interests. The defendant is the person against whom
the claim is brought.
As noted above, in labor disputes, the plaintiff - the
employee and the defendant - are the employer, and
the dispute between them arises over the application
of labor law, and the dispute refers to civil courts.
Whoever filed a claim for reinstatement (prosecutor,
trade union), the employee is recognized as the
plaintiff, and the employer as the defendant.
Lawyer D.A. Safina admits that even in cases of
dissatisfaction with the decision of the commission on
labor disputes, the employer initiates a case in court,
he will still be considered a defendant, the
consideration of labor disputes by the commission on
labor disputes and in court take place in a single
system, it turns out that the parties who have received
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the status of a plaintiff and the defendant at the
beginning of procedural legal relations, until the end of
the trial they retain their status [27, p. 194-195].
However, one cannot fully agree with this opinion of
the scientist. Because the employer is dissatisfied with
the decision of the commission on labor disputes, and
if a civil case is initiated as a result of filing a lawsuit, he
will receive the status of a plaintiff in the case, not a
liability. Indeed, according to Article 43 of the Code of
Civil Procedure, a plaintiff is a person who has applied
to the court for the protection of his violated or
disputed rights or legally protected interests, and in
this case, the plaintiff is the employer who has applied
to the court. In this case, the person against whom the
claim is brought, i.e. the employee, is liable. In addition,
the opinion of the legal scholar D.A. Safina does not
apply to reinstatement cases. This is due to the fact
that the labor dispute committee is not authorized to
consider disputes about reinstatement.
One of the important conditions for the exercise of the
right to apply to the court in order to protect violated
rights and legitimate interests in court is the presence
of procedural capacity.
The opportunity to exercise their rights and obligations
in court belongs to adult citizens and organizations.
The rights and legally protected interests of minors,
that is, citizens aged fourteen to eighteen years, as well
as citizens recognized as having limited legal capacity,
are protected in court by their parents, adoptive
parents or guardians. However, this does not deprive
minors and citizens recognized as having limited legal
capacity of the right to personally participate in such
cases (Article 42 of the Code of Civil Procedure).
One of the features of labor disputes is that, in addition
to the above rule, minors have the right to personally
defend their rights and legally protected interests in
court in cases arising from labor relations and
agreements related to the management of wages or
other income (part three of Article 42 GPC).
In addition, a minor may not have legal capacity in
cases arising from other categories of legal relations
(for example, civil, housing, etc.), but he has the right
to exercise his procedural rights and obligations in full
in labor cases [28. 14].
At the same time, in the legal literature on the case of
the restoration of minors to work, various opinions are
put forward about the age of the plaintiffs' procedural
capacity. In particular, according to the opinion of the
legal scholar M.M. Mamasiddikova, the procedural
capacity of minors in labor matters begins from the
moment of their employment, i.e. from the day they
realize their working capacity [29, p.38]. Another
group of scientists argues that the worker’s ability to
work follows from his procedural capacity [30, p.6]. At
first glance, the opinions expressed by the above-
named scientists may seem different, but a general
conclusion can be drawn from them. That is, the ability
of minor plaintiffs to exercise their rights and
obligations in court, that is, civil procedural capacity
begins from the moment they are hired in the manner
prescribed by law.
According to article 77 of the Labor Code of the
Republic of Uzbekistan, employment is allowed from
the age of sixteen. In order to prepare young people
for work, it is allowed to hire students from general
education schools, secondary specialized, vocational
educational institutions to perform light work that
does not harm their health and moral development,
does not violate the learning process, in their free time
from study - upon reaching the age of fifteen from
written consent of one of the parents or one of the
persons replacing parents [31].
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However, the question arises as to whether a minor
worker can be incompetent in other categories of
cases in court arising from labor relations.
When answering such questions, one should take into
account the specifics of a labor dispute, especially the
features of the legal capacity and capacity of the
parties to this category of disputes. Therefore, it is
advisable to fix the features of labor legal capacity and
legal capacity in a separate article of the Labor Code of
the country. According to it, the ability to have labor
rights and obligations (working capacity) and the
ability of a citizen (individual) to acquire and exercise
labor rights, take on and fulfill labor duties (working
capacity)) of all citizens should be equally recognized
in the Republic of Uzbekistan as foreign citizens,
persons without citizenship, unless otherwise
provided by the legislation of the Republic of
Uzbekistan or international treaties, it is proposed to
determine the simultaneous occurrence of the ability
to work and legal capacity of a citizen (individual) from
the age of sixteen. This indicates that the minor has
procedural capacity in court in other categories of
cases arising from labor relations, and eliminates
disputes on this issue.
Here we will pay attention to another controversial
issue related to the composition of persons
participating in labor disputes.
It is known that the new Code of Civil Procedure of the
Republic of Uzbekistan, which entered into force on
April 1, 2018, includes Chapter 6 entitled “Participants
in civil proceedings”. Previously, the Code of Civil
Procedure of August 30, 1997 contained Chapter 5,
entitled "Participants in Proceedings", which included
the parties, third parties, their representatives, the
prosecutor, government bodies, organizations and
persons involved in protecting the rights and legally
protected interests of other persons [ 32]. Unlike this
norm, although in Chapter 6 of the new Code of Civil
Procedure
the
parties,
third
parties,
their
representatives, applicants and other interested
persons in special proceedings, the prosecutor, other
persons participating in the protection of rights and
legally protected interests are recognized as persons,
the norms relating to “representation in court”, are
placed in a separate chapter 7. It is difficult to
understand whether the legislator intended to show
that representation in court has a separate legal status
from
participants
in
civil
proceedings,
or
representation in court does not belong to the
category of persons participating in the case.
In our opinion, the legislator took into account the
experience of the civil procedural legislation of foreign
countries in terms of the division of representation in
court. Consequently, the issues of representation in
court in the Code of Civil Procedure of the Russian
Federation are provided for in Chapter 5, separate
from Chapter
4 of the Code, entitled “Persons
participating in the case and other participants in the
process.” There are specific reasons for this. Because,
according to Article 34 of the Code of Civil Procedure
of the Russian Federation, representatives of the court
are not part of the persons participating in the case.
Parties, third parties, prosecutors, persons who have
applied to the court for the protection of the rights,
freedoms and legitimate interests of other persons
provided for in Articles 4, 46 and 47 of this Code, or
participating in giving an opinion, applicants in a special
proceeding and other interested persons who are
persons involved in the case [33].
CONCLUSION
Thus, based on the fact that representatives in court
are not included in the list of persons participating in
the case, they are defined in a separate chapter.
However, Article 39 of the Code of Civil Procedure of
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the Republic of Uzbekistan, entitled “Persons
participating in the case”, recognized the parties and
representatives of third parties as participating in the
case, so there was no need to establish representation
in court in a separate section. In addition, although
representation in court is defined in a separate
chapter, it is natural to conclude that a separate
chapter should be allocated to other persons
participating in the case independently (for example,
the prosecutor).
The situation is similar in the Code of Civil Procedure of
the Republic of Kazakhstan. That is, according to
Article 43 of the Code of Civil Procedure of the Republic
of Kazakhstan, representation in court is not included
in the list of persons participating in the case, and
Chapter 7, separate from Chapter 5 “Persons
participating in the case”, provides for representation
in court. Chapter 6 is entitled “Othe
r Persons Involved
in the Case” and establishes rules related to the
consultant, court clerk, bailiff and interpreter, as
opposed to persons participating in the case [34].
Based on the foregoing, it can be concluded that there
are insufficient grounds for singling out judicial
representation in Chapter 7 of the Code of Civil
Procedure of the Republic of Uzbekistan and the
inappropriateness of separating it into a separate
chapter, since judicial representatives are also involved
in the case (Article 39).
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