PARTICIPANTS IN ENFORCEMENT PROCEEDINGS: THEORETICAL PROVISIONS AND ANALYTICAL RESULTS

International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 1 PARTICIPANTS IN ENFORCEMENT PROCEEDINGS: THEORETICAL PROVISIONS AND ANALYTICAL RESULTS Esanova Zamira Normurotovna Professor of Tashkent State University of Law [email protected] Abstract: This article examines the interrelationship between civil procedural law and enforcement proceedings, the parties involved in enforcement proceedings, their powers, the specific characteristics of the enforcement stage, some problems in the field of ensuring the execution of court documents and their solutions, as well as a comparative analysis of national and foreign experience. Keywords: court, judge, state executor, other persons participating in enforcement proceedings, enforcement stage, court documents and their types, enforcement proceedings documents, writ of execution, ruling, decree, explanation of a court document, termination of enforcement proceedings. Introduction. As a general rule, ensuring the execution of acts issued by the court and other bodies is completed through enforcement proceedings. An important aspect of this stage is that as a result of its activities, public trust in the court will increase, the resulting dispute will be resolved, the violated right will be restored, and the list of such grounds can be extended. In most scientific works 1 the stage of enforcement proceedings is indicated as one of the necessary stages of civil proceedings, studied within the framework of the subject of civil procedural law. As proof of this, the issues of execution are covered in a separate chapter of the Civil Procedure Code of the Republic of Uzbekistan. In a number of educational and scientific literature reflecting the content of "civil procedural law," the stage of enforcement proceedings and the procedural actions performed in it are specifically described. According to scientific analysis, the task of completing the activities of judicial systems in all areas, ensuring the execution of judicial acts issued by them, is carried out and completed through the stage of enforcement proceedings. However, in practice, the authority to carry out enforcement actions and ensure their compulsory execution was 1 Civil Procedural Law. Textbook. - Tashkent: Tashkent State University of Law, 2019. Gureev V.A., Gushin V.V. Enforcement Proceedings: Textbook (4th edition, revised and supplemented). Galperin, M. L. Executive Production: Textbook for Bachelor's and Master's Degrees / M. L. Galperin. - 4th ed., revised and supplemented. - Moscow: Yurayt Publishing House, 2018. - 498 p. (Bachelor's and Master's degree. Academic Course).- ISBN 978-5-534-08131-2. Text: electronic // EBS Yurayt [website]. URL: https://urait.ru/bcode/424299 (accessed: 24.04.2020). International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 2 transferred to the Bureau of Compulsory Enforcement and its territorial bodies, created on the basis of the Resolution of the President of the Republic of Uzbekistan dated May 30, 2017 No. PP-3016 "On the Organization of the Activities of the Bureau of Compulsory Enforcement under the Prosecutor General's Office of the Republic of Uzbekistan." It can be said that this body has separate regulatory legal acts, in particular, its Charter, record-keeping mechanism, and various categories of employees, which at the same time justify itself in the practice of the national legal system. It should be noted that in recent years, within the framework of judicial and legal reforms being implemented in our country, special attention has been paid to the system of compulsory enforcement of court decisions and decisions of other bodies. Over the past years, a number of legal documents regulating the system of enforcement proceedings have been adopted. In particular, with the adoption of the Resolution 2 of the President of the Republic of Uzbekistan "On the Organization of the Activities of the Bureau of Compulsory Enforcement under the Prosecutor General's Office of the Republic of Uzbekistan" dated May 30, 2017, the Resolution 3 of the President of the Republic of Uzbekistan "On Measures to Further Enhance the Effectiveness of the Execution of Court Decisions and Acts of Other Bodies" dated March 12, 2019, the organizational structure of the Bureau of Compulsory Enforcement was fundamentally updated, and subsequently, some enforcement actions and deadlines were simplified. At the same time, the activities of the Bureau of Compulsory Enforcement are aimed at the execution of decisions of economic, civil, criminal, administrative courts, as well as notaries, commissions for labor disputes, arbitration courts, some decisions of the prosecutor, and acts of other bodies. During the coverage of the topic, ensuring the execution of court decisions in civil cases, studying the legal status of participants in enforcement proceedings, their classification, powers and duties, analyzing problems in this area and drawing scientifically based conclusions based on the information received, developing theoretically and practically important proposals and recommendations, and most importantly, interpreting the norms of Article 6 "Judicial Acts," Section 5 "Execution of Judicial Acts" of the newly adopted Civil Procedure Code of the Republic of Uzbekistan from a new perspective, as well as improving the norms of the Law "On the Execution of Judicial Acts and Acts of Other Bodies" (in particular, Articles 3, 5, 7 of the Law, Chapter 2). Persons participating in enforcement proceedings) is of current importance. Analysis of foreign experience. In world practice, each state has its own organizational and legal form, mechanism, and method of conducting enforcement 2 Collection of Legislation of the Republic of Uzbekistan, 2017, No. 22, Art. 425, No. 25, Art. 531; As amended by the Resolution of the President of the Republic of Uzbekistan dated May 7, 2018 No. PP-3699. // National Database of Legislation, May 11, 2018, No. 07/18/3699/1184. 3 National Database of Legislation, March 13, 2019, No. 07/19/4236/2762. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 3 proceedings and improving this sphere. These include the Bureau of Compulsory Enforcement, the Federal Service of the Bailiff, the Marshal's Service, the Territorial and National Chambers, the Agency, the Department, and others. In the experience of foreign countries 4 , there are state and non-state enforcement structures, such as registrars at the court in Germany, the enforcement service at the magistrate court in Israel, the Marshal's service at law enforcement agencies in the USA, the Office of Court Enforcement in France, Belgium, Luxembourg, which are carried out by bailiffs and private individuals (executives) who have a special license. In France, the Netherlands, Luxembourg, Slovenia, Italy, Poland, Romania, Slovakia, Estonia, Latvia, Lithuania, enforcement proceedings are not carried out by civil servants, but are carried out independently by private bailiffs on the basis of a license issued by the authorized body of the state (justice), and in their activities they are subordinate to the territorial and national chambers endowed with the authority for self-government. In China, this activity is carried out by bailiffs, enforcement actions are carried out in accordance with the requirements of the Chinese Civil Procedure Code (Section 3. Enforcement Proceedings (Chapter 21). 217-231 of the Republic of Uzbekistan). In Russia 5 , the Federal Service of the Bailiff is carried out by bailiffs. In Kazakhstan, on April 2, 2010, the Law "On Enforcement Proceedings and the Status of Bailiffs" was adopted, Article 131 of which contains special norms "Requirements for State Bailiffs" and Article 140 "Private Bailiffs in the Republic of Kazakhstan." In Armenia 6 a Compulsory Enforcement Service under the Ministry of Justice has been established, and enforcement actions are carried out by bailiffs. Of course, through the above information, it will be possible to compare the experience of national and foreign countries, to comment on reforms in the field of judicial and enforcement proceedings in Uzbekistan, and to widely inform the population about this, to create new scientific developments. It is no secret that large-scale reforms are currently being carried out in Uzbekistan in the field of enforcement proceedings. It is no exaggeration to say that over the past years, the structure carrying out enforcement activities, regardless of which body it is subordinate to, in particular, the Ministry of Justice, the Supreme Court, the Prosecutor's Office, has been able to successfully engage in enforcement proceedings. 4 Usmanova D.R., Fatkullin B.Kh. Features of Executive Production in Foreign Countries. // Bulletin of the Ufa Legal Institute of the Ministry of Internal Affairs of Russia. 2014. No 2. - Б. 40-44. Batichko V.T. Executive Production in Foreign Countries. //Section 2. Legal Techniques and Technologies. - С. 99-105. 5 Federal Service of Bailiffs of Russia (FSSP). //pristav. 6 Information from the Press Center of the Service for the Enforcement of Judicial Acts (SPISA) of Armenia. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 4 In the legislation of practically all states (national and foreign states), the organizational and legal structure and name of the body of enforcement may be different, but the composition of the participants in enforcement proceedings is the same, their rights and obligations are almost identical, but there are some differences within the framework of the participating subjects. Theoretical provisions. The activities and actions of participants in enforcement proceedings play a leading role in ensuring the execution of judicial acts and acts of other bodies. Another reason in this regard is that the issue of private contractors was not raised without reason in the measures of state programs of previous years. Legislation does not specify the stages of enforcement proceedings and is not divided into stages; only actions such as initiation, termination, and termination of enforcement proceedings are indicated. However, regarding the participants in enforcement proceedings, Chapter 2 of the Law 7 "On Persons Participating in Enforcement Proceedings" provides for several articles (Article 9). Scientific observations. In a number of literature sources 8 , various opinions are expressed regarding the classification of participants in enforcement proceedings. In some of them 9 , the participants in enforcement proceedings are divided into two groups: 1) persons carrying out claims under the writ of execution; 2) other persons assisting in enforcement proceedings. In other studies 10 , the subjects of enforcement proceedings are divided into two groups: Main participants in enforcement proceedings (state executor, claimant, debtor, their representatives, etc.); Participants assisting (cooperating) in enforcement proceedings (judge, prosecutor, internal affairs, bank, tax, mahalla, etc.). In some studies, relations in the field of enforcement proceedings are divided into several types, for example, A.V.Rego 11 in his research classified relations arising in the field of enforcement proceedings into four groups: Legal relations for the implementation of compulsory enforcement; 7 Law of the Republic of Uzbekistan "On the Execution of Judicial Acts and Acts of Other Bodies." Note: In the text, this law is abbreviated as "Qonun.". 8 Morozova I.B. Subjects of enforcement proceedings: Diss.... Cand. Jurid. Sciences. 12.00.01, 12.00.03. Moscow, 1999.- 225 p. RGB OD, 61:99-12/444-7. Valeev D.Kh. Procedural Status of Persons Participating in Enforcement Proceedings. Diss.... Cand. Jurid. Sciences: 12.00.03: Kazan, 1999.- 166 p. RGB OD, 61:00-12/165-X.. 9 Morozova I.B., Treushnikov A.M. Executive Proceedings. Training and Practical Guide. 3rd ed., revised and supplemented.- Moscow: Gorodes, 2004.- 528 p. 10 Argunov V.V., Borisova E.A., Salogubova E.V., Skripnikov I.A., Treushnikov A.M., Edited by: Treushnikov M.K.: Civil Procedure. Reader. Study Guide. 2nd ed., revised and supplemented. - Moscow: Gorodes, 2005.- 896 p.. 11 Rego A.V. Legal Relations in Enforcement Proceedings: Dis.... Cand. Jurid. Sciences. 12.00.15. Moscow, 2004. 191 p. RGB OD, 61:05-12/375. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 5 legal relations carried out by higher bodies of the Bureau of Compulsory Enforcement (city, region, republic); Legal relations related to the implementation of judicial control at the enforcement stage; Legal relations related to the execution of acts of other bodies. Judicial and enforcement proceedings. In scientific research 12 there is another question for consideration: "Can a judge be a participant in enforcement proceedings?," "Or is enforcement proceedings independent of judicial activity?." In our view, the procedural status of the court and the judge at the stage of enforcement proceedings depends on their function in the proceedings. In our opinion, since the laws of the Republic of Uzbekistan "On the Execution of Judicial Acts and Acts of Other Bodies" and similar laws of other states clearly define a number of actions (powers) of a judge at the stage of enforcement proceedings, it is natural that the court itself is also the subject of this stage. It is also appropriate to substantiate the procedural status of the court (judge) at the stage of execution through the following. The judge plays a key role in the performance of a number of important procedural actions in enforcement proceedings; - Among the enforcement documents received for enforcement proceedings, a significant place is occupied by judicial acts; - The outcome of judicial activity is related to enforcement proceedings. V.M. Sherstyuk 13 divides the powers of the court at the enforcement stage into four groups: 1) authority related to the issuance of enforcement documents; 2) powers related to the initiation of enforcement proceedings (suspension, termination, etc.) 14 ; 3) powers related to the interpretation of decisions; 4) powers related to the supervision of enforcement activities. Judicial and enforcement practice confirms that in enforcement proceedings, the above-mentioned actions are considered actions performed by the judge, and this is directly indicated in the Law 15 (for example, sending a writ of execution, clarification of 12 Valeev D.Kh. Persons Participating in Enforcement Proceedings. Kazan. 2000; Morozova I.B. Subjects of Enforcement Proceedings. Dnss.... Cand. Jurid. Sciences. - M., 1999. Isayenkova O.V., Balashov A.N., Balashova I.N. Executive Production in the Russian Federation. Course of lectures. 2008. - 192 p.;Rego A.V. Legal Relations in Enforcement Proceedings: Dis.... Cand. Jurid. Sciences. 12.00.15. Moscow, 2004. 191 p. RGB OD, 61:05-12/375. Ilchenko A.G. Interaction of the Court and Compulsory Enforcement Bodies in the Russian Federation: theoretical and legal analysis: dissertation... candidate of legal sciences: 12.00.01 Nizhny Novgorod, 2007 154 p. 13 Executive Production in the Russian Federation. In Questions and Answers / Andreeva T.K., Sherstyuk V.M. - M.: Gorodes, 2000. - 112 p. 14 Note: it is precisely the opinions related to this authority that are reflected in the Civil Procedure Law. Textbook. /Edited by M.K. Treushnikov. - M., 2003.- P.554. 15 Law of the Republic of Uzbekistan "On the Execution of Judicial Acts and Acts of Other Bodies.. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 6 the enforcement document, suspension of enforcement proceedings, termination of enforcement proceedings, etc.). However, the Law does not include the court among the main and/or other subjects. In our opinion, it is correct to understand that the court's "authority related to the supervision of enforcement activities" should be within the framework of the judicial act issued by it and sent for execution, and from the point of view of the effectiveness of the execution of judicial acts. The judicial body does not have the right and authority to direct other actions of the state executor and influence his actions. Although this body is part of the Court in terms of its organizational structure, its involvement in the activities of enforcement proceedings is illegal. Analysis shows that some of the powers of the court (judge) in enforcement proceedings (in particular, the analysis of the materials of the Law 16 on Court and enforcement proceedings shows that the courts mainly issue rulings on the suspension of enforcement proceedings, termination of enforcement proceedings, clarification of the enforcement document. 17 For example, by a court ruling, enforcement actions in a civil case on the decision of the court dated October 14, 2022, in which the plaintiff R.A. filed a claim against the defendant A.B. for the recovery of the debt amount and the state duty, were temporarily suspended until the consideration of the cassation protest on the merits. Another example: by court order, the application of the Yashnabad District Department of the Bureau of Compulsory Enforcement of the city of Tashkent on the termination of enforcement proceedings under the court decision of July 8, 2021, was considered, the application was satisfied, and the enforcement proceedings under the court decision in a civil case were terminated in the interests of the plaintiff, the minor S.S., of the guardianship and trusteeship body under the Department for Methodological Support and Organization of the Activities of Public Education Institutions of the Yashnabad District Department, on a statement of claim for deprivation of parental rights and recovery of alimony against the defendant S.A. Stages of enforcement proceedings. When carrying out enforcement actions, it is important to distinguish the stages of enforcement proceedings. In scientific and educational literature, the stages of enforcement proceedings are interpreted differently. In particular, in the works of I.M. Zaitsev 18 this stage is classified as follows:  initiation of enforcement proceedings;  Application of the specified measures of procedural coercion to the debtor;  Termination of enforcement proceedings. 16 Law of the Republic of Uzbekistan "On the Execution of Judicial Acts and Acts of Other Bodies." 17 In the examples given in the article, the parties' FISHes, names of courts and organizations, numbers and numbers of court documents have been conditionally changed. 18 Зайцев И.М. Процессуальные функции гражданского судопроизводства./ И.М.Зайцев. - Саратов, 1990. International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 7 In other studies, enforcement proceedings are divided into stages of initiation, application of compulsory measures, suspension, termination, and completion. The completion of the work was carried out in two ways: termination (prekrashenie) and completion (okonchaniye). In some literature, the stages of initiating enforcement proceedings, applying enforcement measures, and concluding enforcement proceedings are indicated. In the works of I.V. Reshetnikova 19 , such stages as initiation and preparation for enforcement; implementation of enforcement, completion of enforcement proceedings are indicated. Based on the analysis of the above opinions, it will be correct to choose the most optimal option. In our opinion, since enforcement proceedings are also an important process, a mandatory stage, it is correct and reasonable to agree with the classification that the stages of enforcement proceedings consist of three stages: initiation of enforcement proceedings; application of enforcement measures; completion of enforcement proceedings. Participants in enforcement proceedings. The enforcement of judicial acts and acts of other bodies is entrusted to state enforcement officers of the bodies of the Bureau of Compulsory Enforcement under the Prosecutor General's Office of the Republic of Uzbekistan 20 . Tax authorities, banks, and other credit institutions are not enforcement agencies 21 . In our opinion, relations related to enforcement proceedings are understood as the range of relations carried out by the state executor with the claimant and the debtor in order to ensure the execution of enforcement documents, as well as, if necessary, by involving other persons in the manner prescribed by law. These relations can be implemented on a narrow and broad scale depending on the circle of participants. A citizen of the Republic of Uzbekistan with secondary specialized (legal) or higher (legal) education, and in exceptional cases, persons with higher education in another specialty, may be a state executor. As a rule, a citizen of the Republic of Uzbekistan with a higher legal education can be a senior state executor. The parties to enforcement proceedings are the claimant and the debtor. The claimant is a person whose benefit and interests are envisioned in the enforcement document. Debtor - a person who is obliged to transfer funds or other property provided for in the enforcement document to the claimant or to perform certain actions or refrain from performing them. Several claimants or debtors may participate in enforcement proceedings. The rights of minors in enforcement proceedings are exercised by their legal representatives - parents, adoptive parents, guardians, or trustees. Also, 19 Reshetnikova I.V. Enforcement Proceedings / Reshetnikova I.V., Zakarlyuka A.V., Kulikova M.A.; Edited by Reshetnikova I.V., - 3rd ed., revised and supplemented. - Moscow: Yur.Norma, NIS INFRA-M, 2015. - 240 p. 20 Hereinafter referred to as the "Forced Execution Bureau." 21 Article 3 of the Law of the Republic of Uzbekistan "On the Execution of Judicial Acts and Acts of Other Bodies." International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 8 representatives, witnesses, interpreters, specialists, and other partner bodies participate in the enforcement process. Representative. Individuals may participate in enforcement proceedings independently or through their representatives. The debtor or the claimant is not entitled to act through their representative in the execution of an enforcement document, if it imposes obligations on the debtor that they can only personally execute, as well as in cases where the nature of the enforcement document requires the personal participation of the claimant. According to the conducted surveys 22 , at the stage of enforcement proceedings, the participation of lawyers was observed in 23% of cases, and legal representatives in 9% of cases. Translator. When performing enforcement actions, persons who do not speak the language in which the enforcement proceedings are conducted are granted the right to use the services of an interpreter, who is appointed by decision of the state executor. According to the analysis of the questionnaire, applications for the participation of an interpreter were submitted only in 3% of cases at the stage of enforcement proceedings. Impartial. The participation of witnesses is mandatory in the performance of enforcement actions related to the opening of premises and warehouses, inspection, seizure, seizure and transfer of the debtor's property. In other cases, witnesses (no less than two) are summoned at the discretion of the state executor. According to the analysis of the questionnaire, the participation of witnesses was ensured in almost 78% of cases at the stage of enforcement proceedings. Specialist. To clarify issues arising during the performance of enforcement actions, requiring special knowledge, the state executor, on his own initiative or at the request of the parties, may appoint a specialist by his decision, and this written opinion must be submitted within fifteen working days from the date of familiarization with the decision of the state executor. According to the analysis of the questionnaire, the participation of a specialist in 17% of cases was observed at the stage of enforcement proceedings. Partner organizations. In order to ensure the compulsory execution of judicial acts and acts of other bodies, internal affairs bodies (road patrol service, etc.), bodies of the State Committee for Land Resources, Geodesy, Cartography and State Cadastre, banks, deposit and other credit organizations, state tax service bodies, treasury bodies, 22 From the results of a survey conducted with the participation of employees of district departments of the Bureau of Compulsory Enforcement on the topic "Issues of Further Improvement of the Mechanism of Enforcement of Court Decisions (on the example of civil, economic, administrative, and criminal cases)." (January-March 2020). International Law, Business and Political Science Journal ISSN-L 3235-9799 E-ISSN 3235-9799 IF(Impact Factor) 13.24 https://journallaw.totalh.net/ Volume: 11. Issue 12 November 2025 9 state border protection bodies, mahalla, medical, fire fighting societies, public education bodies. CONCLUSION 1. It is advisable to provide theoretical concepts in scientific and educational literature that define the scope of relations related to enforcement proceedings. Therefore, it is proposed to state that "relations related to enforcement proceedings are understood as the scope of relations carried out by the state executor with the claimant and the debtor in order to ensure the execution of enforcement documents, as well as, if necessary, by involving other persons in the manner prescribed by law." 2. Legislation and scientific developments do not specify the stages of enforcement proceedings separately and do not divide them into stages, only actions such as initiation, termination, and termination of enforcement proceedings are indicated. However, regarding the participants in enforcement proceedings, Chapter 2 of the Law26 allocates several articles to "Persons participating in enforcement proceedings." In our opinion, it is assumed that the stage of enforcement proceedings consists of three stages: initiation of enforcement proceedings; application of enforcement measures; completion of enforcement proceedings. 3. The law does not include the court in the composition of other main and/or auxiliary entities. It is advisable to include the court in Chapter 2 of the Law "Persons participating in enforcement proceedings," but to transfer to the state executor some powers of the court (judge) in enforcement proceedings (in particular, the nonmandatory grounds for suspending enforcement proceedings in Article 35 of the Law: when the debtor or the claimant applies to the relevant court or other body that issued the enforcement document with an application for a deferral or installment plan for the execution of the enforcement document, changing the method and procedure for its execution; when the debtor is on a long-term business trip; when the debtor is undergoing treatment in a hospital; upon the request of the claimant). LIST OF USED LITERATURE 1. Shorakhmetov Sh.Sh. In accordance with Civil Procedural Law. Textbook. - Tashkent: Adolat, 2001.- 512 p. 2. Shorahmetov Sh.Sh. Civil Procedural Law of the Republic of Uzbekistan. Textbook. - Tashkent: Adolat, 2007. - 539 p.