MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us However, since the person interested in fulfilling the payment request is only the recipient of the
funds, the problem arises, how to determine whether the rules for returning the payment request
to the executive banks have been properly fulfilled by him? There is no special provision in the
legislation regarding the solution of this problem. In this regard, it can be concluded that the
rights of the recipient of funds are not secured in many cases.
In the absence of funds on the payer's depot account, settlement documents are placed on the
"Late settlement documents" account (card file No. 2).
A collection order is a settlement document on the basis of which funds are debited from the
payer's account in a non-acceptance manner.
A collection order is used in the following cases:
1)
when it is provided for the recovery of funds of state bodies in a non-acceptance manner in
accordance with the law;
2)
for the recovery of enforcement documents.
It should be noted that before issuing a debt collection order, state bodies must comply with
certain rules set out in the Tax Code. Otherwise, it may be declared invalid by the court.
The procedure for collecting enforcement documents may be established by bailiffs, as well as
by recoverers. The persons who are debtors and the persons in whose favor the enforcement
document should be recovered are recognized.
In accordance with article 7 of the Law of the Republic of Uzbekistan dated August 29, 2001 No.
258-II "On the execution of judicial documents and documents of other bodies", executive
documents are considered to be:
1)
writ of execution issued by courts on the basis of court documents accepted by them;
2)
writ of execution issued by the courts in connection with the enforcement of decisions of the
arbitration court;
3)
writ of execution issued by the courts of the Republic of Uzbekistan on the basis of decisions
of foreign courts and arbitrations;
4)
court orders;
5)
notarized alimony payment agreements;
6)
executive lists of notaries;
7)
certificates issued by labor dispute commissions on the basis of their decisions;
8)
resolutions of bodies (officials) authorized to consider cases of administrative offenses;
9)
decisions of prosecutors on the administrative relocation of persons who voluntarily occupied
housing or living in houses recognized as emergency;
10)
decisions of bailiffs;
11)
documents of other bodies in cases stipulated by law.
Bailiffs have the right to issue a resolution on debt collection only on the basis of these executive
documents. The action of the bailiff is considered illegal in the absence of an enforcement
document, suspension or termination of the case on it.
Banks stopped withdrawing funds without acceptance in the following cases:
at the written request of the authority that issued the debt collection order;
if there is a judicial act on the suspension of collection;
on other grounds provided for by law.