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LRU-336 24.09.2012
Unofficial translation
Law of the Republic of Uzbekistan
On protection of private property and guarantees of the owner’s rights
Adopted by the Legislative Chamber on July 19, 2012
Approved by the Senate on August 30, 2012
Chapter 1. General provisions
Article 1. Purpose of this Law
The purpose of this Law is to regulate relations in the field of protecting private property and guaranteeing the right of ownership.
Article 2. Right of private property
The right of private property is the right of a person to own, use and dispose of property acquired by him in accordance with the law.
The number and the value of property in private ownership shall not be limited.
Private property is inviolable and protected by the State.
The State creates all necessary conditions for ensuring safety of private property and its augmentation.
The owner may be divested of his property only in cases and in accordance with the procedure established by law.
Article 3. The Legislation on protection of Private Property and Guarantees of the Owner’s Rights
The legislation on the protection of property rights and guarantees of the owner’s rights consists of this Law and other acts of legislation.
If an international treaty of the Republic of Uzbekistan contains rules differing from the rules set out in the legislation of the Republic of Uzbekistan on the protection of property rights and guarantees of the owner’s rights, the rules provided in the international treaty shall apply.
Article 4. Exercise of the Right of Private Property
The owner uses and disposes of its property at its own convenience and for its own benefit. The owner has the right to perform any legitimate actions in respect of his property. He can use his property to carry out economic and other activities not prohibited by the law, transfer it free of charge or for payment to others' possession and (or) use. The use of property shall not violate the rights and legally protected interests of citizens, legal entities and the State, cause damage to the environment.
All owners shall exercise their rights under equal conditions.
Owners of exclusive rights to items of intellectual property and owners of commercial secrets shall enjoy the rights and guarantees established by this Law and other acts of legislation.
Article 5. Permanence of the Private Property Right
Private property right is permanent. Establishment of terms of ownership, use and disposal for the owner is not permissible.
Article 6. Restoration of the Violated Private Property Right
The State guaranties the restoration of the violated private property right and its judiciary protection.
Damage to the owner shall be fully compensated by the person who caused it in accordance with the legislation.
Article 7. Priority of the Owner’s Rights
The principle of priority of the owner’s rights shall apply to the relationships of the owner with the public bodies, in accordance with which all non-removable contradictions and ambiguities of the legislation arising in relation to exercising of private property rights are interpreted in favour of the owner.
Chapter 2. Protection of Private Property
Article 8. Private property right remedies
Private property rights shall be remedied through:
recognition of private property right;
restoration of the conditions that existed before the violation of the right of private property and the suppression of acts that violate the right of private property or create a threat of its violation;
the recognition of the transaction as invalid and the application of the consequences of its invalidity;
invalidation of the act of the state and other body or citizens’ self-government body;
self-help in protecting the right of private property;
judgment for specific performance of an obligation;
compensation of losses;
award of a penalty;
compensation for moral harm;
ensuring the sustainability of legislation in regulating private property rights;
non-application by the court of an act of a state and other body or citizens’ self-government body that is contrary to the law;
public registration of the creation, change and termination of the right of private ownership of each type of property.
The protection of the right of private property can also be carried out by other means in accordance with the law.
Article 9. Invalidation of an Act of a State and Other Body or Citizens’ Self-Government Body
Act of a state and other body or citizens’ self-government body that is not in compliance with the legislation and violates private property right can be found incompetent by the court.
Article 10. Self-help in Protecting Private Property Right
Self-protection of private property rights is permissible.
Means of self-help in private property right remedy shall be proportional to the violation and shall be contained within confines of actions necessary for its suppression.
Article 11. Equality in Protecting Private Property Right
The State shall ensure equal conditions to owners for protection of private property rights.
Article 12. Non-permissibility of Unlawful Interference of State and Other Bodies, Citizens’ Self-Government Bodies and their Officials with the Exercise of Private Property Rights
Unlawful interference of state and other bodies, bodies of citizens' self-government and their officials with the exercise of private property rights shall not be permitted.
Article 13. Non-permissibility of Infringement of Private Property Ownership
Infringement of a private property shall not be permitted.
Actions, directly or indirectly aimed at unlawful restriction and (or) deprivation of private property rights, shall not be permitted.
Imposing unacceptable conditions on the owner, including baseless demand for the transfer of property, financial assets or other property rights, shall not be permitted.
Illegal interference with the economic activity of the owner that directed at or may result in the seizure of his property or forces him to renounce the right to his own property shall not be permitted.
The infringement of private property shall be prosecuted by the law.
Article 14. Compensation for Losses Caused by State and Other Bodies or Citizens’ Self-Government Bodies
Losses caused to the owner as a result of unlawful actions (inaction) of state and other bodies, citizens’ self-government bodies or their officials, including the issue of non-conforming act of state and other body or citizens’ self-governing body, shall be compensation by the state and other body or citizens’ self-governing body. By a court decision compensation of losses may be imposed on officials of state and other bodies, citizens’ self-governing bodies, due to the fault of which the losses were caused.
Article 15. Appeal of State and Other Bodies’ and Citizens’ Self-Government Bodies’ Decisions, Actions (Inaction) of their Officials
The owner has the right to appeal, at his own discretion, unlawful decisions of state and other bodies, citizens’ self-government bodies, actions (inaction) of their officials related to the exercise of private property rights to a higher authority in the order of subordination of the subject body or either to an official or to a court.
Submission of a complaint to a higher body in the order of subordination or an official shall not exclude the right to file a similar complaint with a court.
The owner shall be exempted from paying the state fee when appealing to the court the violation of his rights and legitimate interests related to the exercise of the right of private property by decisions of state and other bodies, citizens’ self-governing bodies, actions (inaction) of their officials.
Chapter 3. Guarantee of Owners’ Rights
Article 16. Guarantee of the Owner’s Rights in Case of Withdrawal of Property through Levy of Execution on It
In case of levy of execution on property under the owner’s liabilities its withdrawal shall only be permissible as provided for and in the procedure prescribed by the law.
Article 17. Guarantee of the Owner’s Rights in Cases of Nationalization, Confiscation and Requisition of Its Property
Privately owned property shall not be nationalized, confiscated or requisitioned unless otherwise provided by law.
The withdrawal of property, including privately owned land plot, in cases of nationalization and requisitioning, shall be carried out only on the condition of full compensation of its market value to the owner, as well as of all losses caused to the owner as a result of such withdrawal if not specified otherwise by the law.
The owner has the right to appeal through the courts against the decision on nationalization, confiscation and requisition of the property in private ownership.
Article 18. Guarantee of the Owner's Rights in Case of Termination of Ownership Rights to the Property that in Accordance with the Law may not Belong to Him
If the property of the owner is property that, according to the law, may not belong to him, the ownership right to this property is terminated by judicial means with compensation to the owner of the value of the withdrawn property.
Article 19. Guarantee of the Owner’s Rights in Case of Termination of Ownership Rights not Immediately Directed at Withdrawal of Its Property
The termination of the right of ownership as a consequence of a decision of a state body not immediately directed at withdrawal of a property from the owner, including a decision to withdraw the land plot underlying the house, other structures, facilities or plantations belonging to the owner, shall be permissible only in cases and in the procedure established by legislative acts with providing to the owner of an equivalent property and compensation for other losses incurred or compensation in full for the losses caused by termination of the right of ownership.
The termination of the right of ownership as a consequence of a decision of a state body that is not immediately directed at withdrawal of a property from the owner, including the decision to withdraw a land plot, shall be carried out upon consultation with owner by a decision of a khokim of a district, province, city, city of Tashkent, the Council of Ministers of the Republic of Karakalpakstan or the Cabinet of Ministers of the Republic of Uzbekistan respectively.
The decision to withdraw land and demolish a house, other structures, facilities or plantations shall be made in accordance with master plans, as well as detailed design and construction projects for residential areas and residential districts of settlements.
Demolition of a house, other structures, facilities or plantations located on the plot of land subject to withdrawal shall not be permissible unless prior and complete compensation of losses at market value is provided.
The state bodies shall notify the owner of the house, other structures, facilities or plantations about the reached decision in writing (under signed receipt) no less than six months before the commencement of demolition with copies of a decision of the Council of Ministers of the Republic of Karakalpakstan, khokim of the province and city of Tashkent, respectively, attached to the notification.
The appraisal of a house, other structures, facilities or plantations located on the land plots being withdrawn shall be carried out by appraisal companies in accordance with the established procedure. Specifically, the value of the property being withdrawn upon termination of the right of private property shall be determined by an appraisal company as of the time immediately preceding the withdrawal of this property, or the time when the news of the forthcoming withdrawal affected the value of the property.
Terms and procedure for compensation to the owner for the property demolished in connection with the withdrawal of the land plot, provision of a housing to the owner of the demolished house, provision to a citizen of a land plot for individual housing construction in lieu of the demolished house, compensation to the owner for the losses caused in connection with the withdrawal of the land plot and other property shall be established by the legislation.
In case of the owner’s disagreement, the decision resulting in the termination of the right on the private property shall not be executed until the dispute is settled by the court. During the settlement the issues related to compensation to the owner for caused losses shall be also solved.
Article 20. Reclamation of Property from Another’s Adverse Possession
The owner has the right to reclaim his property from another’s adverse possession. State bodies shall assist the owner in exercising this right.
Article 21. Defence of Owner’s Rights Against Violations Not Involving Termination of Ownership
The owner has the right to demand remediation of any violation of his rights, even when such violations did not involve termination of ownership. State bodies shall assist the owner in exercising this right.
Article 22. Effects of Termination of Private Property Right by Force of Law
In the event of adoption of a law that terminates the right to private property, the losses caused to the owner as a result of the adoption of this law, including the market value of the property, shall be fully compensated by the state. Disputes related to the damages shall be settled by the court.
Article 23. Guarantees in Case of Adoption of Acts of Legislation Regulating Private Property Relations
Act of legislation regulating private property relations shall not have retroactive effect if it impairs legal position of the owner or imposes additional obligations onto him.
Article 24. Inadmissibility of Revision and Annulment of Results of Property Privatization
Private property emerged as a result of privatization of state property shall be inviolable. Results of privatization shall not be revised or annulled.
Movable and real property shall be deemed to be the property of privatized enterprises (with the exception of objects not subject to privatization in accordance with Law):
if it is not identified during privatization of state property in privatized enterprises;
if it is located in the territory of the enterprise, transferred at the time of privatization for use without right of disposal.
Initiation of revision and annulment of results of privatization, including results of items’ value appraisals, by state bodies, including oversight authorities and law enforcement bodies and courts, shall not be allowed.
Article 25. Guarantee of Ownership Right of Foreign Citizens and Persons without Citizenship in the Territory of the Republic of Uzbekistan
Foreign citizens and persons without citizenship shall enjoy in the territory of the Republic of Uzbekistan the same property rights as the citizens of the Republic of Uzbekistan, if not specified otherwise by the laws and international treaties of the republic of Uzbekistan.
Chapter 4. Concluding provisions
Article 26. Dispute Resolution
Disputes arising in the sphere of private property protection and guarantee of owners’ rights shall be resolved in the accordance with the procedure established by legislation.
Article 27. Responsibility for Violation of the Legislation on Protection of Private Property and Guarantee of Owners’ Rights
Persons guilty of violating the legislation on protection of private property and guarantee of owners’ rights shall bear responsibility under the established procedure.
Article 28. Bringing Legislation into Line with this Law
The Cabinet of Ministers of the Republic of Uzbekistan is:
to bring decisions of the government into line with this law;
to ensure that the bodies of public administration review and annul their regulatory legal acts in conflict with this law.
Article 29. Coming into Force of this Law
This Law shall come into effect on the day of its official publication.
President of the Republic of Uzbekistan I. KARIMOV
Tashkent city,
September 24, 2012,
No. LRU-336
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