Tashkent, Uzbekistan (UzDaily.com) -- During the ninth plenary meeting of the Senate of the Oliy Majlis, the Law of the Republic of Uzbekistan “On amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the further strengthening of guarantees of the rights and legitimate interests of owners” was discussed.
In recent years, a number of normative legal acts have been adopted aimed at protecting private property and ensuring the inviolability of the rights of owners, guaranteed by the Constitution.
However, in practice, sometimes these regulations are not enforced. This is evidenced by an almost twofold increase in the number of applications received by the Senate in this direction.
In particular, in 2019, the administrative courts of the Republic of Uzbekistan considered a total of about 3 thousand cases on invalidating the decisions of local khokimiyats, of which 42% were satisfied.
Therefore, the Law introduces amendments to the laws of the Republic of Uzbekistan "On denationalization and privatization", "On state power in the localities", "On the protection of private property and guarantees of the rights of owners" and the Land Code.
This is primarily aimed at establishing a ban on the seizure of a land plot or part of it by khokims for state and public needs.
In turn, according to the introduced norm, the seizure of a land plot or part of it for state and public needs is carried out with the consent of its owner or in agreement with the land user and the tenant by the decision of the regional and Tashkent city Kengash of people’s deputies, respectively, or by the decision of the Cabinet of Ministers.
In addition, now, unlike the current regulations, the right to own or use a land plot or part of it, as well as the termination of the right to lease a land plot, in most cases is carried out by a court. In the Law, such cases define the use of a land plot for other purposes, irrational use of a land plot, systematic non-payment of land tax within the period established by law.
In turn, the decision of the khokims of the district, city, region or the decree of the Cabinet of Ministers stipulates that the right to own or use a land plot can be terminated only in four cases. That is, in case of voluntary refusal of a land plot, upon expiration of the term for granting a land plot, liquidation of a legal entity, termination of labor relations, which were the basis for providing land for official use.
In addition, the Law envisages an amendment providing for the inadmissibility of revising and canceling the results of denationalization and privatization of enterprises and organizations, as well as property.
The implementation of this Law in practice will strengthen the rights of owners, guarantee their protection from unjustified deprivation of property rights to their property. In addition, the state fully compensates for the damage caused to owners in connection with the seizure of land.
The law was approved by the senators.