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Uzbekistan 29/05/2021 The decision of the Denau district Kengash of People’s Deputies was found to be contrary to the law and canceled
The decision of the Denau district Kengash of People’s Deputies was found to be contrary to the law and canceled

Tashkent, Uzbekistan (UzDaily.com) -- At the fifteenth plenary meeting of the Senate of the Oliy Majlis, the issue of the legality of the decision of the Denau district Kengash of people’s deputies of Surkhandarya region was considered.

In particular, on the basis of appeals received by the Senate of the Oliy Majlis of the Republic of Uzbekistan, the Senate Committee on Agrarian, Water Management and Ecology considered the results of the study of the decision of the Denau District Kengash of People’s Deputies of Surkhandarya Region dated November 19, 2020 No. 123 / 25-06 "On Consideration of Activities farms, which do not fulfill their contractual obligations in the region, make a partial amendment to the land lease agreement, newly created and receive additional land areas."

By the decision, 114.23 hectares of land of DENOV AGRO-PILLA LLC in Khazarbag, Okhunbobaev, Pobeda, Uzbekistan districts were returned to the reserve of the regional khokimiyat.

In particular, paragraph 2 of the decision envisaged the termination of a long-term land lease agreement concluded between 9 farms of the region of cotton-growing and grain directions and the khokimiyat of the district, paragraph 5 - approval of the number of farms, in land lease agreements, which are amended with a number of farms.

However, in accordance with the current legislation, local Kengashes of people’s deputies do not have the authority to interfere in contractual legal relations between farms, agricultural enterprises and other business entities, as well as khokimiyats.

In addition, according to Article 382 of the Civil Code, amendment and termination of the contract is possible by agreement of the parties, unless otherwise provided by the Civil Code, other laws or contract.

It was noted that in accordance with Article 24 of the Land Code and Article 13 of the Law "On Farming", early termination of a land lease agreement is made by agreement of the parties, and if such an agreement is not reached, by a court decision.

Based on the information provided on this issue, the Senate of the Oliy Majlis recognized the decision of the Denau District Kengash of People’s Deputies of Surkhandarya Region dated 19 November 2020 No. 123 / 25-06 "On consideration of the activities of farms that do not fulfill their contractual obligations in the region, making a partial change in an agreement on the lease of land, newly created and receiving additional land areas "contrary to the law and decided to cancel it.

 

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