The procedure for resolving disputes arising in the economic sphere, in particular arising from entrepreneurial or other economic activities, and protecting the rights of persons engaged in the above-mentioned activities, as well as other persons whose dispute is related to the economic sphere, are considered by different courts in different countries, and Namely, the names of these courts differ significantly.

In many countries, economic cases are resolved by arbitration courts, in particular in the Russian Federation, disputes arising from business or other activities in the economic sphere are considered by the Federal Arbitration Courts, which means that the process itself is called “arbitration proceedings”. In the Republic of Uzbekistan, these disputes are considered by economic courts, and this process is called “economic legal proceedings”^[1].

It is also worth mentioning that until 2021, economic courts did not exist. Before the period we indicated, the above-mentioned disputes were considered in courts, which were called “economic courts”^[2].

For a full disclosure and comprehensive analysis of the history of the development of economic justice in the Republic of Uzbekistan, as well as the reasons, the procedure for reforming the judicial system related to the resolution of economic disputes, we will begin to consider the step-by-step formation of these types of courts in the territory of our country, as well as the procedure for reforming the above-mentioned courts in post-Soviet countries states.

In order to make it more understandable and plausible, we will begin to describe the history of the development of economic legal proceedings after the declaration of independence of the Republic of Uzbekistan, and then the procedure that was used in other countries^[3].

As we all know, with the acquisition of independence by our country, many regulations, public administration systems and other systems began to lose their power, could not exercise their powers, in connection with the complete reform of the state, and needed innovation, change or destruction (if they could no longer carry out their activities due to changes in conditions)^[4]. One of such systems that needed reform was arbitration activities and the procedure for resolving economic disputes, which did not fully comply with the conditions and did not meet the requirements of the post-Soviet period, due to the fact that, after gaining independence and acquiring the status of a “Republic” “our country chose the path of a market economy, and this area was new for our state, and, in addition, there were no special rules, referring to which, it was possible to regulate certain issues, which followed the fact that the role of the courts and authorities, considering and resolving disputes arising from economic spheres has increased significantly, which also led to an expansion of powers and sphere of influence.

The first stage of development of economic justice in the Republic of Uzbekistan after gaining independence begins from the day the Supreme Council of the Republic of Uzbekistan adopted the Law “On the Arbitration Court and the Procedure for Resolving Economic Disputes”^[5]. The law we have indicated deals with the status of these courts, reveals their tasks, as well as the very procedure for resolving the procedure for resolving, to use the words that were used at that time, economic disputes, today referred to as “economic disputes.” Another key point of this Law is that, previously referred to as “arbitration bodies or commissions”, state bodies that to some extent had subordination to the state, then by this law they were transformed into independent jurisdictional bodies that ensured the protection of rights and legitimate interests of business entities, and were renamed “arbitration courts”^[6]. Then, in the same year, “arbitration courts” were renamed economic courts, and their status was enshrined in the Constitution of the Republic of Uzbekistan of December 8, 1992, which was specified in Article 107 of the first edition of the Constitution. In addition to the fact that economic courts were enshrined in the Constitution, they are also in the Law “On the Courts”, and in the Economic Procedural Code (currently the Economic Procedural Code)^[7].

Despite the fact that the names of these courts were included in the laws we mentioned above, the economic courts of the Republic of Uzbekistan themselves, and not derivatives of arbitration bodies, were created in 1996 by the Decree of the President of the Republic of Uzbekistan “On improving the system of economic courts of the Republic of Uzbekistan”, namely, the economic city of Tashkent was introduced, and the structures of economic courts and their number were approved.

Along with these reforms, a decree was received on the development and adoption of a new Economic Procedural Code, which, after development, the bill was approved on August 30, 1997, and the Resolution of the Oliy Majlis adopted the Economic Procedural Code on January 1, 1998.

Having analyzed the first stages of the formation of economic courts, namely, having studied both the arbitration body and commissions that existed in Soviet times, these courts were reorganized based on the established conditions in the post-Soviet period, and they were also called arbitration courts, which shows that they have already become independent bodies of state power, the procedure for the formation of their system and its further transformation into economic courts and the adoption by Decree of the President of a new Economic Procedural Code, it is now worth moving on to the analysis of the next stage of the formation of these courts already in the period of “New Uzbekistan”.

The system of Economic Courts included the Supreme Economic Court and lower courts. By Presidential Decree of February 22, 2017 “On measures to radically improve the structure and increase the efficiency of the judicial system of the Republic of Uzbekistan”^[8], it was indicated that judicial practice is unified and indivisible, and the presence of two highest bodies of judicial power — the Supreme Court and the Supreme Economic Court of the Republic of Uzbekistan leads to duplication of functions of managing the judicial system, does not ensure a unified judicial practice, and in order to prevent violations of the principle of unified judicial practice, as well as eliminating the adoption of various decisions on similar issues, the above Decree, namely under paragraph 8, stated that from June 1, 2017, the Supreme Court and the Supreme Economic Court of the Republic of Uzbekistan should be merged into a single supreme body of state power, which will include itself in the sphere of civil, criminal, administrative and economic proceedings, and will operate under the name “Supreme Court of the Republic of Uzbekistan”^[9]. Also, the same paragraph states that the economic courts of the Republic of Karakalpakstan, regions and the city of Tashkent will be transformed into economic courts of the Republic of Karakalpakstan, regions and the city of Tashkent; 71 interdistrict, district (city) economic courts will be created, which are responsible for considering cases in the first instance, taking into account the growth of business entities, as well as providing them with conditions for appealing not to courts remote from their places of residence, but in their region.

One of the important questions we are asking is what will happen to judges and employees of economic courts if the Supreme Economic Court is merged and the rest of the economic courts are transformed. The answer to this question can be found in the above-mentioned Presidential Decree, which states that current judges of economic courts continue to function as judges of the Supreme Court and relevant economic courts of the Republic of Karakalpakstan, regions and the city of Tashkent until the end of their term of office.

Based on the fact that the judicial system of economic courts has changed, their regulatory framework should be changed accordingly. In particular, the Law of the Republic of Uzbekistan dated January 24, 2018 “On approval of the Economic Procedural Code of the Republic of Uzbekistan” approved the Economic Procedural Code, which entered into force on April 1, 2018, in connection with which the Economic Procedural Code was abolished, and also included a number of norms, which were absent from the Economic Procedural Code. To these additions we may include a number of principles; detailing the principle of independence of judges and the language of legal proceedings^[10].

Having analyzed the history of the formation of the economic justice system of the Republic of Uzbekistan, we will consider the issue of reforming the system for resolving economic (economic) disputes in the post-Soviet period in the Russian Federation.

Before the collapse of the Soviet Union, in the Russian Federation, and not only there, but also in other countries that were part of this Union, economic courts were called arbitration bodies and commissions; they, just like in our country, were renamed arbitration courts in 1991. In contrast to our method of reform and the time of reform of this system, the Russian Federation began to make changes and reform the system of arbitration courts only 2 years after it was renamed into arbitration courts, and the system of modern arbitration courts of the Russian Federation was finally formed from the moment the Arbitration Procedural Code was adopted in 2002.

According to the Arbitration Procedural Code of the Russian Federation, which was approved in 2002, the system of arbitration courts consists of courts of first instance, appeal, cassation and supervisory authority. The supervisory authority in the Russian Federation is the Presidium of the Supreme Arbitration Court of the Russian Federation.

This system was not final and was changed several times. For example, we previously indicated that the system of arbitration courts was finally formed in 2002, but its changes continued in 2014, during the period when decisions were made to reform the judicial system, in particular the system of arbitration courts. One of the important decisions in this area was that the judicial system in the Russian Federation began to be headed by 2 judicial bodies — the Constitutional and Supreme Court, and the Supreme Arbitration Court was abolished^[11].

After 2014, the system of arbitration courts in the Russian Federation looked something like this: arbitration courts, appellate arbitration courts, district arbitration courts, courts for intellectual disputes, which began operating in 2013, on the initiative of the Supreme Arbitration Court, and included in the arbitration court system , and the Supreme Court of the Russian Federation^[12].

Having studied the history of the development and formation of economic litigation in the post-Soviet period in the Republic of Uzbekistan and the Russian Federation, we can draw a general conclusion that the names of the courts considering economic disputes in the Republic of Uzbekistan have changed several times. Initially, they were called arbitration courts, then economic courts, and already in the new period of the history of Uzbekistan — economic courts, while in the Russian Federation the final name of such courts was established once in 1993, with the adoption of the Constitution of the Russian Federation. Then, one of the important changes in the history of economic justice is the reform of the highest body of judicial power, namely, in the Russian Federation in 2014 it was formed that the judicial system will be headed by 2 judicial bodies: the Constitutional Court and the Supreme Court of the Russian Federation, and the previously existing time, the highest judicial body of arbitration proceedings — the Supreme Arbitration Court was abolished, and its powers were assigned to the Supreme Court of the Russian Federation, while in the Republic of Uzbekistan such a reform was carried out, regarding not the abolition of the Supreme Economic Court, but its merger with the Supreme Court, which tells us that the Supreme Economic Court has not disappeared, but continues its activities as part of the Supreme Court in its capacity for economic disputes.

[1] Мадримов Х. К. ЎЗБЕКИСТОН РЕСПУБЛИКАСИДА ТАДБИРКОРЛИК СУБЪЕКТЛАРИНИНГ ҲУҚУҚЛАРИ ВА ҚОНУНИЙ МАНФААТЛАРИНИ ҲИМОЯ ҚИЛИШ БИЛАН БОҒЛИҚ МАЪМУРИЙ НИЗОЛАРНИНГ ТУРЛАРИ ВА МОҲИЯТИ //Conferencea. – 2023. – С. 48-56.

[2] Юлдашев М. СУДЬЯЛАР МУСТАҚИЛЛИГИНИНГ ҲУҚУҚИЙ КАФОЛАТЛАРИ //Евразийский журнал академических исследований. – 2023. – Т. 3. – №. 7. – С. 160-165.

[3] Гулямов С. Ўзбекистоннинг рақамли иқтисодиёти ривожланиши шароитида иқтисодий суд ишларини юритишни рақамлаштириш ва виртуаллаштириш //Гулямов Саид Саидахрарович. – 2020. – №. 1.

[4] Ибратова Ф. ТЕРМИНЫ ГРАЖДАНСКОГО ПРАВА И ИХ ПРИМЕНЕНИЕ В ПРАВОВОЙ ЗАЩИТЕ ГРАЖДАН В РЕСПУБЛИКЕ УЗБЕКИСТАН.

[5] Ibratova F., Xodjaeva D. IQTISODIY SUD ISHLARINI YURITISHDA TAFTISH TARTIBIDA QAYTA KO ‘RISH: NAZARIYA VA AMALIYOT //Theoretical aspects in the formation of pedagogical sciences. – 2024. – Т. 3. – №. 3. – С. 93-102.

[6] Усманова К. К. ОДИЛ СУДЛОВ-ИНСОН МАНФААТЛАРИ ҲИМОЯСИНИНГ ГАРОВИДИР! //Лучшие интеллектуальные исследования. – 2023. – Т. 11. – №. 5. – С. 133-140.

[7] Babakulovna I. F., Yashinbek I. Legal issues of the participation of the prosecutor in the economic process: a comparative analysis with the legislation of the Republic of Uzbekistan and the Russian Federation. – 2023.

[8] https://president.uz/ru/lists/view/261

[9] Ибратова Ф., Миркамилова М., Каршиева Ф. ЗНАЧЕНИЕ, РОЛЬ И СУЩНОСТЬ МЕДИАЦИИ В ЭКОНОМИЧЕСКИХ СПОРАХ //International journal of professional science. – 2022. – №. 4. – С. 11-17.

[10] Babakulovna I. F., Yashinbek I. Legal issues of the participation of the prosecutor in the economic process: a comparative analysis with the legislation of the Republic of Uzbekistan and the Russian Federation. – 2023.

[11] Federal Constitutional Law of 02/05/2014 N 3-FKZ (as amended on 07/14/2022) “On the Supreme Court of the Russian Federation”.

[12]  Federal Constitutional Law “On Arbitration Courts in the Russian Federation” in connection with the creation of the Court for Intellectual Rights in the system of arbitration courts».