New Decree: Now Uzbek authorities can’t use eminent domain without a court order
Uzbek President signed the decree "On measures to reliably protect the immunity of property rights, prevent unreasonable interference in property relations, and increase the level of capitalization of private property", Daryo reports.
The new decision strongly protects property rights and increases the level of capitalization of private property. Including:
- the right to property cannot be terminated by cancelling the document. If the document is received illegally, it can be declared invalid only by the court's decision.
- Voluntary relinquishment of land is carried out based on the notarized application of the owner. Now it does not require the decision of the mayor.
- when a legal entity is liquidated, its rights to a plot of land not intended for agriculture are not cancelled and the land is not returned to the state reserve. These lands will be transferred to the founders of the liquidated legal entity.
- Within the framework of the "Habeas Corpus" institution, the procedure for court review of the decisions of the investigator and investigator related to the seizure of property was introduced.
Circumstances that are grounds for administrative and criminal prosecution for violation of private property rights are defined. Including, now, measures up to criminal liability can be applied for entering private property and the area where it is located without the permission of the owner.
Now the owner or his representative will have the right to independently protect his property from any encroachment in proportion to the violation of the right and within the framework of the necessary actions to prevent the violation of the right.
In order to permanently deregister persons who are not related to the owner of the residence, their consent is not required.
From January 1, 2023, the "Integrated Information System of Cadastre and Real Estate Registration" (UZKAD) is the only real estate information base. In this case, the authenticity and reliability of the information in the system is guaranteed by the state. If the residence was purchased based on incorrect information in the UZKAD system, after 3 years it is not possible to claim this house from the buyer (honest owner). Damage caused to the original owner is compensated by the state and then recovered from the culprit.
The "snos" funds of the government and regional khokims have been transformed into republican and regional special purpose funds (compensation funds) for compensation of property damage caused to individuals and legal entities.
The following damages caused to residents and entrepreneurs will be paid from compensation funds:
- damage caused to the owner as a result of illegal actions of the state body, official, in particular, investigator, investigator, prosecutor and the court, determined by the court decision;
- damage caused to persons acting in reliance on it as a result of entering illegal or untrue information into the state register of rights to real estate objects;
- damage caused to its real owner as a result of non-claiming of the residence from the honest owner.
The number of state bodies exempted from paying state duty when filing property claims against citizens in courts will be reduced, and citizens will be exempted from state duty in their claims for claiming their property from the illegal possession of others.
The Ministry of Justice is tasked with developing a new version of the Law "On the Protection of Private Property and Guarantees of Owners' Rights", which provides for the new procedures mentioned above.