MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us The document submitted to the bank contains information about the collection order, the validity
of which should be suspended. When restoring the withdrawal of funds on a collection order, its
execution is carried out according to the queue group specified in this order and the calendar
order for receiving documents within the group.
Unfortunately, the legislation does not provide for the procedure for returning an enforcement
document related to the execution, withdrawal or rejection of a collection order.
In practice, the following procedure has been established, according to which the enforcement
document, not restored or partially restored, is returned by the executing bank to the issuing bank
for transfer to the debtor together with the collection order.
In cases of non-fulfillment or improper execution of a collection order due to the fault of the
bank, the bank that provides services to the payer of funds in accordance with the procedure
established by law is responsible. Previously, article 218 of the Economic Procedural Code of
the Republic of Uzbekistan provided for liability for non-fulfillment of the bank's collection
order. However, this article was repealed by the Law of the Republic of Uzbekistan of January
14, 2009.
To date, the bank is not liable to the recoverer for non-fulfillment of the collection order under
the executive document.
Although the Law "On the Execution of Court Documents and Documents of other Bodies"
provides for the following situation: a bank or other credit institution servicing the debtor's
accounts, within three days from the date of receipt of the enforcement document, must fulfill the
requirements for the recovery of funds specified in the enforcement document, makes a note of
the absence of funds on the debtor's accounts sufficient to satisfy claims of the claimant, or notes
that the specified requirements are not fulfilled in full or in part. Failure to comply with these
requirements is the basis for the imposition of a fine by the court on a bank or other credit
institution in the manner and amount provided for by law (parts 2-3 of article 4 of this Law).
However, the legislation does not provide for a fine for this offense against the bank.
Measures of responsibility against commercial banks for violating the requirements established
by the procedure for opening accounts, crediting funds to customer accounts and issuing funds,
issuing funds for wages and other needs provided for by the legislation of the Regulation on the
Procedure for Applying" the size of fines and their application to commercial banks, as well as
the procedure for their transfer in favor of clients whose rights and interests have been violated
as a result of illegal actions of commercial banks (paragraph 2 of this Regulation). Given that the
collector is not a customer of the debtor's bank, it is obvious that this provision does not protect
his rights and interests violated by the debtor's bank.
Therefore, there is a need to adopt an appropriate regulatory document in order to ensure the
correct execution of the Law of the Republic of Uzbekistan "On the execution of court
documents and documents of other bodies" by commercial banks.