The Yakkasaroy Interdistrict Civil Court has dismissed a complaint filed by public activist Rasul Kusherbayev against Las and Group LLC, one of Tashkent's gas stations. A reporter from Gazeta attended the court session on June 3.
According to a presidential decree, Uzbekistan banned cash payments for a number of goods and services starting April 1, including at gas stations. The measure continues to provoke controversy, which has now reached the courtroom.
The lawsuit states that on May 9 at around 10:30 p.m., Kusherbayev refueled his car with 10 liters of gasoline at a station on Shota Rustaveli Street. The cashier requested online payment, but Kusherbayev insisted on paying in cash. Station management refused, citing the presidential decree.
Kusherbayev argued that the Constitution and current laws grant him the right to pay in cash. After being refused, he contacted the police. Officers arrived, took written explanations from both sides, and informed him of his right to file a civil lawsuit. The former deputy subsequently sued the gas station.
At the second hearing on May 26, a representative of Las and Group stated that the online payment system was not introduced on their initiative but was strictly required by higher authorities, who also obtained consent letters.
The representative also noted that the cash register system for accepting cash had been blocked by the Tax Committee, making it impossible for the business to accept cash even if it wanted to.
The final hearing on June 3, presided over by Judge Shakhnoza Ibragimova, included lawyers from Uzenergoinspektsiya, the Tax Committee, the business ombudsman, and the Committee for Competition Development and Consumer Protection. Representatives of the authorized bodies gave their opinions.
The court rejected Kusherbayev's claims to declare the refusal to accept cash illegal, to impose an obligation to accept cash, and to recover moral damages. Additionally, Kusherbayev was ordered to pay 824,000 soums in state fees.
The judge explained that the right to settle in the national currency, the soum, and the method of payment are different matters. The court concluded that requiring non-cash payment does not contradict current legislation.
The ruling states that Article 20 of the Law 'On Payments and Payment Systems' provides for the development of non-cash payments, therefore the claims were found groundless and rejected.
The judge reminded the parties that they have the right to appeal the decision within one month and to file a cassation appeal within six months.
After the hearing, former deputy Kusherbayev gave an interview. He said the inability to pay 109,000 soums in cash is not the core issue. 'I could have paid by card, but the issue is not about payment. It's about how constitutionally guaranteed rights are actually ensured,' he said.
Kusherbayev emphasized that citizens have the right to settle in the national currency. In his view, the refusal to accept cash raises questions about the implementation of rights enshrined in the Constitution. 'The problem is not my actions, but my trust in the Constitution. In school, we were taught that the Constitution is the supreme law and must be obeyed. Today, when you demand these rights, the question arises: how well are they protected?' he said.
He expressed dissatisfaction with the first-instance decision and intends to appeal, going as far as the Constitutional Court if necessary. 'I hope citizens' rights will be recognized. If needed, we will appeal to international bodies to restore constitutional rights,' Kusherbayev added.
According to him, the case is not just about cash payments but also about trust in judicial independence and the supremacy of the Constitution. 'Today's decision further undermined my confidence in the independence of the court. The issue itself is secondary. The main question is: does the law prevail, or the will of certain individuals?' he stated.
Kusherbayev said he will publish the full text of the ruling so that citizens can independently assess the grounds on which the court rejected his claims based on the Constitution and laws.
Source: www.gazeta.uz