Volume 03 Issue 12-2023
6
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
12
Pages:
6-13
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
This article analyzes both the practical and theoretical aspects of the formation of civil law relations as a result of the
decisions of the meeting and the need to adopt regulations governing them. In addition, the article defines the legal
nature of the decision of the meeting as a legal fact, a comprehensive study and analysis of various decisions of the
meeting, the study of the legal consequences of invalidity of the decisions of the meeting, the elements and conditions
of the decision. Also, in the article, the gap in the legislation regulating the adoption of meeting decisions and the legal
consequences they cause in citizens' self-governing bodies was also discussed in detail, and the author gave his
suggestions.
KEYWORDS
Meeting resolution, decisions of the Plenum of the Supreme Court, legal fact, corporate legal relations.
INTRODUCTION
In our country, in law enforcement agencies, state and
administrative bodies, local governments, self-
governing bodies, enterprises and organizations,
organize work, organize the implementation of
assigned tasks and consider important issues related to
the field at its meetings and make appropriate
decisions on the issues considered is important.
Article 82 of the Constitution of the Republic of
Uzbekistan clearly stipulates that decisions of the
Legislative Chamber and the Senate of the Oliy Majlis
of the Republic of Uzbekistan shall be adopted by a
majority vote of the total number of members of the
Legislative Chamber or the Senate. In particular, the
Legislative Chamber and the Senate of the Oliy Majlis
of the Republic of Uzbekistan make decisions on issues
within their jurisdiction .
Research Article
LEGAL PRINCIPLES OF REGULATION OF MEETING DECISIONS AND
RELATED ISSUES
Submission Date:
December 01, 2023,
Accepted Date:
December 05, 2023,
Published Date:
December 09, 2023
Crossref doi:
https://doi.org/10.37547/ijll/Volume03Issue12-02
Sarvinoz U. Khasanova
Independent Researcher At Tashkent State University Of Law, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijll
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 03 Issue 12-2023
7
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
12
Pages:
6-13
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
V.C. Mikhaylov said that it is not entirely clear which
organization's div the general meeting is, because
the concept of "management div" means that it
belongs to a certain organization and it is formed to
carry out the legal activities of a certain organization.
In the same way, the Plenum of the Supreme Court of
the Republic of Uzbekistan, which is the executive
div of the Supreme Court of the Republic of
Uzbekistan, works in the composition of the judges of
the Supreme Court of the Republic of Uzbekistan, the
chairpersons of the Court of the Republic of
Uzbekistan and the Administrative Court of the
Republic of Uzbekistan.
THE MAIN FINDINGS AND RESULTS
The chairman of the Constitutional Court of the
Republic of Uzbekistan, the chairman of the Supreme
Council of Judges, the Prosecutor General, the Minister
of Justice, the chairman of the Chamber of Advocates,
judges, as well as the members of the scientific
advisory council of the Supreme Court of the Republic
of Uzbekistan can participate in the sessions of the
Plenum of the Supreme Court of the Republic of
Uzbekistan.
The Plenum of the Supreme Court of the Republic of
Uzbekistan is convened as necessary, but at least once
every four months.
The Plenum of the Supreme Court of the Republic of
Uzbekistan is competent if at least two-thirds of the
members of the Plenum are present.
Plenum of the Supreme Court of the Republic of
Uzbekistan:
-
examines materials summarizing judicial practice
and provides explanations on issues of application
of legislation;
-
considers the issue of introducing draft laws
developed as part of the legislative initiative to the
Legislative Chamber of the Oliy Majlis of the
Republic of Uzbekistan;
-
Appeal to the Constitutional Court by the Chairman
of the Supreme Court regarding the issue of official
interpretation of the Constitution and laws, as well
as an appeal to the Constitutional Court regarding
the issues introduced by the courts on the
conformity of normative legal documents to the
Constitution of the Republic of Uzbekistan to be
applied in a specific case reviews its submission for
inclusion;
-
approves the composition of the scientific advisory
council under the Supreme Court of the Republic of
Uzbekistan according to the presentation of the
Chairman of the Supreme Court;
-
approves the composition of the Presidium of the
Supreme Court, the composition of judicial panels,
as well as the secretary of the Plenum of the
Supreme Court according to the submissions of the
Chairman of the Supreme Court;
-
hears information on the work of the Supreme
Court, as well as reports on the activity of the
judicial panels;
-
listens to the reports of the presidents of the
Military Court, the Court of the Republic of
Uzbekistan, regional and Tashkent city courts, the
administrative court of the Republic of Uzbekistan,
regional and Tashkent administrative courts on the
practice of applying legislation, as well as the
implementation of the explanations of the Plenum
of the Supreme Court of the Republic of
Uzbekistan on the application of legislation;
Volume 03 Issue 12-2023
8
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
12
Pages:
6-13
SJIF
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FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
(2023:
6.
997
)
OCLC
–
1121105677
Publisher:
Oscar Publishing Services
Servi
-
approves the head of the staff of the Supreme
Court based on the presentation of the Chairman
of the Supreme Court and listens to his reports on
the activities of the Supreme Court of the Republic
of Uzbekistan;
-
The Supreme Court approves the composition of
the editorial board of the press div;
-
Approves the regulations of the Plenum and
Presidium of the Supreme Court of the Republic of
Uzbekistan.
The Plenum of the Supreme Court makes decisions on
issues within its jurisdiction.
The decision of the Plenum of the Supreme Court is
adopted by open voting with the majority of the
members of the Plenum of the Supreme Court of the
Republic of Uzbekistan participating in the meeting .
In particular, in Article 19 of the Law of the
Republic of Uzbekistan "On the Prosecutor's Office", a
commission is formed in the General Prosecutor's
Office of the Republic of Uzbekistan under the
chairmanship of the Prosecutor General, his first
deputy, deputies, prosecutor of the Republic of
Uzbekistan, and other employees of the prosecutor's
office. The composition of the committee is approved
by the President of the Republic of Uzbekistan .
The commissions established in the Prosecutor
General's Office of the Republic of Uzbekistan, the
Prosecutor's Office of the Republic of Uzbekistan,
regional
prosecutor's
offices,
Tashkent
city
prosecutor's offices and similar prosecutor's offices
are advisory bodies, and at the meetings of the
commission, they deal with the legality and crime
situation, the activities of prosecutor's offices, the
execution of orders and instructions of the Prosecutor
General, the selection and placement of personnel. and
other issues, listens to the reports of the heads of the
structural divisions of the prosecutor's office and other
employees.
Based on the board's decisions, the relevant
prosecutors can issue orders.
Also, in joint-stock companies, the general
meeting, the supervisory board and the executive div
are the governing bodies of the company according to
the Law "On protection of the rights of joint-stock
companies and shareholders" It is defined in Article 57.
Among the legal facts available in our
jurisprudence, meeting decisions are one of the least
studied. Naturally, the reason for this is the lack of a
concrete legal definition of the decisions of the
meeting, the lack of sufficient norms regulating it.
Meetings, decisions of meetings are considered as
factors of civil-legal importance.
Summarizing the existing scientific views, it can be
noted that the decision to meet in corporate legal
relations is always a legal fact. The corporate nature
itself implies the following decisions made within the
framework of legal relations:
-
on establishing or reorganizing a legal entity;
-
making a decision on approval of the annual report
in the joint-stock company;
-
appointment of the general director and others are
included.
Article 58 of the Law "On Joint Stock Companies and
Protection of Shareholders' Rights" stipulates that the
general meeting of shareholders is the highest
management div of the company.
Volume 03 Issue 12-2023
9
International Journal Of Literature And Languages
(ISSN
–
2771-2834)
VOLUME
03
ISSUE
12
Pages:
6-13
SJIF
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FACTOR
(2021:
5.
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)
(2022:
5.
705
)
(2023:
6.
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)
OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
"The society must hold a general meeting of
shareholders every year. The annual general meeting
of shareholders shall be held within the terms
established by the company's charter, but no later than
six months after the end of the financial year. At the
annual general meeting of shareholders, on the
possibility of extending the term of the contract
concluded with the company's supervisory board and
audit commission (inspector), the executive div of
the company based on sole leadership, the members
of the collegial executive div (hereinafter referred to
as management), and the trustee issues will be
resolved".
Decisions on issues put to the vote at the general
meeting of shareholders are adopted by the general
meeting of shareholders by a three-fourths majority
vote of the shareholders who are the owners of voting
shares participating in the general meeting of
shareholders.
The procedure for decision-making by the general
meeting of shareholders on the procedure for
conducting the general meeting of shareholders shall
be established in the charter of the company or in
other documents approved by the decision of the
general meeting of shareholders.
The Resolution of the Plenum of the Supreme Court of
the Republic of Uzbekistan dated 24.12.2019 No. 24 "On
the judicial practice of considering appeals against the
decisions, actions (inaction) of administrative bodies
and their officials" was adopted.
1. According to Article 44 of the Constitution of the
Republic of Uzbekistan, Article 4 of the Code of
Administrative Court Proceedings of the Republic of
Uzbekistan, an interested person, and in the cases
provided for by law, the prosecutor, as well as certain
citizens and state bodies authorized to protect the
rights and interests of other persons, may challenge
the decision of the administrative div. invalid and
with an application (complaint) to declare the action
(inaction) of its official as illegal, provided that this
decision, due to the action (inaction) of his:
rights and interests protected by law are violated;
an obstacle was created in the realization of rights,
freedoms and realization of legal interests;
any obligation imposed on him in violation of the law;
he has the right to apply to the court if he believes that
another obstacle has been created to carry out his
activities in this or that field.
2. It should be explained to the courts that the
decisions of the state bodies, the verification of which
is under the exclusive authority of the Constitutional
Court of the Republic of Uzbekistan, as well as the
decisions, actions (inaction) against which a different
procedure for filing an appeal to the court is provided
for in the legal documents, will not be considered in the
manner established in Chapter 23 of the Criminal Code
of the Republic of Uzbekistan.
In particular, the decisions, actions (inaction) of the
officials of the administrative bodies related to the
proceedings of the criminal case or the case of the
administrative offense shall be appealed in accordance
with the procedure established by the Code of Criminal
Procedure of the Republic of Uzbekistan and the Code
of Administrative Responsibility of the Republic of
Uzbekistan.
Volume 03 Issue 12-2023
10
International Journal Of Literature And Languages
(ISSN
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2771-2834)
VOLUME
03
ISSUE
12
Pages:
6-13
SJIF
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(2021:
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(2023:
6.
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
3. Courts should provide that complaints against
decisions, actions (inaction) of administrative bodies
related to the following shall be considered in
accordance with the procedure provided for in Chapter
23 of the Criminal Code of Uzbekistan:
agreement and permission to place, design, construct,
reconstruct, commission, use and demolish buildings,
structures and other objects;
refusal of state registration of public associations,
including political parties, religious organizations, as
well as evasion of such registration by a state div
within the specified period;
refusal of state registration of a mass media or refusal
of a state div to register it within the specified period,
finding the mass media registration certificate invalid,
suspending or stopping the release of a mass media;
implementation of citizens' right to information.
Explanations of the Plenum of the Supreme Court of
the Republic of Uzbekistan on issues of application of
legislation are mandatory for courts, state bodies and
other bodies, enterprises, institutions, organizations
and officials applying the legislation to which this
explanation was given (Article 25 of the Law of the
Republic of Uzbekistan on Courts).
The analysis of statistical data allows us to conclude
that there is a constant number of corporate disputes
and cases challenging the decisions of management
bodies, which are considered every year. This situation
indicates the instability of civil-legal relations and the
need to develop rules for balancing the interests of the
participants in civil transactions, which also serves the
socio-political stability of the legal state.
At the same time, the decisions of the meeting in civil
law have been studied in one way or another as part of
some issues of legal regulation, but they have not been
systematically considered as an object of independent
research. The purpose of studying the issues of civil-
legal regulation of meeting decisions is to determine
the legal essence of the meeting decision as a legal
fact, to comprehensively study and analyze various
decisions of the meetings, to study the legal
consequences of invalidity of the decisions of the
meetings, to determine the elements and conditions of
the composition of the meeting decision. To achieve
the set goal, the following tasks are required. In
particular, theoretical analysis of the decision of the
assembly as a legal fact, determination of its legal
nature and composition; review options for its defects,
determine consequences of defects and separate
classification; to study the controversial issues of the
invalidity of the decision of the meeting and the legal
consequences of the protection of the rights of third
parties from the point of view of the need to ensure
the stability of civil transactions and to observe the
principle of good faith; among them is the
development of proposals for the improvement of
legal documents.
Analyzing the characteristics of the meetings, it should
be noted that the legislation provides for the following
forms of decision-making by the general meeting:
- a meeting in which community members participate
together to discuss the agenda and make decisions;
- voted issues;
- meetings held in absentia in the form of voting by
exchanging documents through various types of
communication, which ensure the correctness of
Volume 03 Issue 12-2023
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(2023:
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OCLC
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1121105677
Publisher:
Oscar Publishing Services
Servi
transmitted and received messages and their
documentary confirmation, are included.
Voting at the meeting is directly determined by the
interest of the civil society member in making a specific
decision.
Authors such as A.V. Maifat, D.V. Lomakin, A.I. Kaminka
consider the right to participate in the meeting from
the point of view of including it in the element of legal
capacity (in particular, the capacity of corporate law
–
the ability to be a participant in corporate legal
relations) or considering it as a subjective right those
who came out.
V.A. Belov analyzes the rights of the participants and
their dependence on specific circumstances and legal
facts, and concludes that in such a situation, corporate
rights cannot be put in the form of legal relations, but
can be invested in a legal form.
Different meanings of the concept of "meeting"
actually reflect the same phenomenon
–
the way of
performing the management function expressed in the
activity of a legal entity div or in the activity of
persons who exercise management without forming
permanent management. Voting at the meeting is
directly determined by the interest of the civil society
member in making a specific decision. Also, if the
participants of the meeting are people who are not
interested in making a decision on the issue on the
agenda, the following practical problem should be paid
attention to. Paragraph 16 of the Decree of the
President of the Republic of Uzbekistan No. 5938,
adopted on February 18, 2020, "On measures to
improve the social and spiritual environment in society,
further support the neighborhood institution, and
bring the system of work with family and women to a
new level" in the seventh paragraph "Deputies of the
chairman of the citizens' meeting on family, women's
and social-spiritual issues, and on improvement, real
estate and entrepreneurship issues, as well as experts
on family and women's issues are approved by the
council of the citizens' meeting based on the
presentation of the chairman of the citizens' meeting
will be released" .
Citizens' self-government bodies independently
dispose of their financial funds in bank accounts in
accordance with the procedure established by law. The
funds of citizens' self-government bodies cannot be
withdrawn.
The Council of the Citizens' Assembly reports quarterly
to the Citizens' Assembly on the use of financial
resources.
However, it is not planned to allocate funds from the
budget to citizens' self-government bodies in addition
to the established estimate.
In addition, the issue of recovery of the damages
caused by the procedure established by the labor
legislation in the recourse procedure, that is, from the
guilty persons, remains open, because the current
Labor Code Article 188 states that "In all cases where
an employee is illegally deprived of the opportunity to
work, the employer is obliged to pay him the wages he
has not received." Such an obligation, if the
employment contract was illegally refused, the
employment contract was illegally terminated, or the
employee was illegally transferred to another job, and
the decision of the div dealing with labor disputes
was not implemented on time, the issuance of the
employment record was delayed, in any way as a result
of disseminating information that tarnishes the honor
Volume 03 Issue 12-2023
12
International Journal Of Literature And Languages
(ISSN
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2771-2834)
VOLUME
03
ISSUE
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Pages:
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SJIF
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OCLC
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Publisher:
Oscar Publishing Services
Servi
of the employee, if this information is untrue, as well as
if it was not obtained in other cases .
In the above-mentioned practical example, the plaintiff
D.S. He was dismissed from his position by the decision
of a meeting of 17 members of the Council working on
a public basis. In this situation, the court's execution
document indicates that the defendant is the of Furqat
district, in such a situation, it is not possible to
determine the scope of the defendants based on the
execution document. For this reason, it remains
unclear who should pay for the material and moral
damage caused to the plaintiff.
Also, according to Article 14 of the Law of the Republic
of Uzbekistan "On Self-Governing Bodies of Citizens",
it is established that the Chairman of the Citizens'
Assembly can make a proposal to the council on the
appointment or dismissal of responsible employees in
self-governing bodies of citizens.
Based on the above, we would like to propose the
following,
Firstly, articles regulating the civil-law regulation of
meeting decisions should be included in the Civil Code
of the Republic of Uzbekistan;
Secondly, the issue of appointment and dismissal of
the responsible employees in the citizens' self-
governing bodies should be included in the powers of
the chairman (elder) of the citizens' assembly, not by
the decisions of the meeting of the members of the
Council working on a public basis, but in accordance
with Article 14 of the Law "On Citizens' Self-
Government Bodies".
. Continuous media coverage of decisions of the
meeting and its implementation, which are important
for individuals and legal entities;
Thirdly, paying attention to proposals made by
individuals and legal entities regarding the issues
discussed at the meetings.
It can be seen from the above that the meeting and the
decisions taken at the end of it are important legal
documents.
CONCLUSION
In conclusion, we can say that, based on the fact that
the resolutions of the meeting are an important civil-
legal document and many legal relations may arise as a
result of it, it is necessary to study the scientific
research of many foreign scientists who have
conducted research in this field and the existing norms
of international law and introduce it into our national
legislation. We believe that it is necessary to make
proposals.
REFERENCES
1.
Constitution of the Republic of Uzbekistan.
–
Tashkent: Uzbekistan, 2023.
–
P.8-9.
2.
Civil Code of the Republic of Uzbekistan. -Tashkent:
Adolat, 2018. 85-p.
3.
Law of the Republic of Uzbekistan on Courts//
Collection of legal documents of the Republic of
Uzbekistan, 28.07.2021.
4.
Decision of the Plenum of the Supreme Court of
the Republic of Uzbekistan // Collection of legal
documents of the Republic of Uzbekistan,
24.12.2019.
5.
Law of the Republic of Uzbekistan "On
Prosecutor's Office" // Collection of legal
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SJIF
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705
)
(2023:
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Publisher:
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Servi
documents of the Republic of Uzbekistan,
29.08.2001. No. 257-II.
6.
Law of the Republic of Uzbekistan "On protection
of joint-stock companies and shareholders' rights"
// Collection of legal documents of the Republic of
Uzbekistan, 05.06.2014. O'RQ-370 number.
7.
The Law of the Republic of Uzbekistan "On Self-
Governing Bodies of Citizens"// Collection of legal
documents of the Republic of Uzbekistan,
22.04.2013.
8.
Temur tuzuklari.
–
Tashkent: "Sharq" publishing
house, 2005.
–
P.12-15.
