During the meeting, which was attended by Deputy Head of the State Tax Administration of Syrdarya region D.Sarkayev, employees of the State Tax Administration and the State Tax Inspectorate of Gulistan, Judge of the Gulistan Interdistrict Economic Court N.Abdullayev and Assistant Judge B.Bobojonova The content of the Law of the Republic of Kazakhstan "On Bankruptcy" was widely explained. First, the chairman, Deputy Head of the State Tax Administration of Syrdarya region D. Sarkayev, introduced the participants of the meeting with the issues on the agenda. After that, the speaker gave the floor to the speaker of the Gulistan inter-district economic court Abdullayev Nurulla Abdulla oglu to elaborate on the issue on the agenda.

Judge of Gulistan inter-district economic court N.Abdullayev began his report by explaining to the participants of the meeting the basic concepts of the Law of the Republic of Uzbekistan "On Bankruptcy" and declared the debtor bankrupt in accordance with Article 45 of the Law. The judge decides on the acceptance of the application and the initiation of bankruptcy proceedings or the refusal to accept or return the application no later than five days from the date of receipt of the application, the judge declares the debtor bankrupt In accordance with the requirements of the Code of Economic Procedure of the Republic of Uzbekistan and this Law, the judge shall declare the debtor bankrupt if the condition provided for in the second part of Article 5 of the Law is violated. Refusal to accept the application for bankruptcy, if the application for bankruptcy of the debtor is in accordance with the requirements of Articles 37-41 of this Law Otherwise, the judge must return the application, only the application is mandatory for the head of the debtor and the application is not accompanied by the documents provided for in Article 38 of this Law. Chapter XI of the Law "On Simplified Bankruptcy Processes", in accordance with this chapter, simplified bankruptcy proceedings are divided into two types, the specifics of the bankruptcy of the liquidated legal entity and the bankruptcy of the non-existent debtor. , that the applications submitted to the court by the regional tax administration and district, city tax inspectorates on the basis of simplified bankruptcy procedures do not indicate the above two types, the bulk of the applications submitted to the court are specific to the bankruptcy of the debtor, Paragraph 35 of the Resolution of the Plenum of the Supreme Economic Court of the Republic of Uzbekistan No. 142 of January 27, 2006 "On some issues of application of the legislation on bankruptcy by economic courts" The amount of accounts payable does not matter when accepting an application for recovery (liquidated or non-existent debtor). When filing an application to declare a non-existent debtor bankrupt, evidence must be submitted to the economic court confirming the absence of the debtor - the sole proprietor or the head of the legal entity, as well as the inability to determine their whereabouts.

Such evidences include a certificate issued by the address information bureau stating that the person has deregistered and moved to another area, in the presence of representatives of the citizens 'self-government body, the homeowners' association, that the person does not live at the registered address. Understand that the deed may contain documents confirming the death or imprisonment of the person, as the absence of the debtor is not only the absence of its head, but also the absence of property of the business entity should.

In this case, the debtor is an act of citizens 'self-government body at the location of the legal entity (postal address), a homeowners' association, representatives of the owner of the dwelling or uninhabited place and (or) a court administrator. - concluded that the application for revocation of the writ of execution may be approved by the decision of the state executor on the non-execution of the writ of execution due to lack of property, the candidate for liquidation manager shall be nominated by the applicant in the application for bankruptcy of the liquidated legal entity.

In this regard, the speaker N.Abdullaev gave detailed explanations to the questions asked by the staff of the State Tax Administration of Syrdarya region and the State Tax Inspectorate of Gulistan.

Nurulla Abdullayev,

Judge of Gulistan inter-district economic court