ON MEASURES TO ENSURE EQUALITY AND TRANSPARENCY IN LAND RELATIONS, RELIABLE PROTECTION OF LAND RIGHTS AND THEIR TRANSFORMATION INTO MARKET ASSETS<\/span><\/strong><\/p>\n

In order to introduce a transparent, market-based and equal for all procedure for the allocation of land plots, to ensure stability in property and legal relations in the sphere of land use, land protection, to guarantee the property rights of landowners, as well as to introduce them into free circulation as an object of civil law relations by determining the economic value of land:<\/span><\/p>\n

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1.<\/span>To a<\/span>pprove <\/span>the proposals<\/span> land legislation developed by the Ministry of Justice, the General Prosecutor’s Office, the Supreme Court, the <\/span>Cadaster<\/span> Agency under the State Tax Committee, and the Ministry of Agriculture with the participation of representatives of the public.<\/span><\/div>\n<\/div>\n
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2.<\/span>To implement the procedure, according to which, starting from August 1, 2021:<\/span><\/div>\n
land plots are allocated to the private sector – on the basis of the right of ownership and lease, to state bodies, institutions, enterprises, self-governing bodies of citizens (hereinafter – state organizations) – on the basis of the right of permanent use;<\/span> the procedure for allocation of lands with the right of lifetime inheritance, permanent possession, temporary use is canceled, while such rights to previously allocated land plots are retained by their owners in the current order;<\/span><\/p>\n
the procedure for allocation of land plots on the basis of the right of lifetime inherited ownership, permanent ownership, temporary use is canceled, while these rights to previously allocated land plots are retained by their owners in the current order;<\/span><\/p>\n
in the event of transfer of the title to an immovable property object built in accordance with the procedure established by legislation on the land plot received on lease to another person, together with the title to the object, the new owner shall also acquire the lease right to the land plot on which it is located;<\/span><\/p>\n
agricultural<\/span> land is allocated only on the basis of the right to lease based on the results of electronic online auctions, in which producers of all types of agricultural goods can participate;<\/span><\/p>\n
non-agricultural<\/span> land is realized through electronic online auctions on the basis of ownership and lease rights;<\/span><\/p>\n
State organizations are allocated land plots for public needs by decision of the Council of Ministers of the Republic of <\/span>Karakalpakstan<\/span>, regional <\/span>khokims<\/span> and the city of Tashkent on the right of permanent use<\/span>;<\/span><\/p>\n
in all cases, land plots shall be allocated exclusively from free and reserve lands; withdrawal of land plots, their transfer to reserve lands, their allocation to other persons by one document or simultaneously shall be considered a violation of the procedure for allocation of lands and shall be a basis for bringing to responsibility in accordance with legislation;<\/span><\/p>\n
when implementing public-private partnership projects and projects aimed at achieving socially significant goals, land plots are allocated to a state organization on the right of permanent use, these land plots may be leased to a private partner, a non-governmental non-profit organization and other civil society institutions for the term of the agreement on public-private or social partnership;<\/span><\/p>\n
The land plot on which an apartment building is located, as well as the land plot adjacent to it, if it does not belong to the owners on the basis of other rights, is allocated to them for common use by decision of the Council of Ministers of the Republic of <\/span>Karakalpakstan<\/span>, <\/span>khokims<\/span> of regions and the city of Tashkent on the basis of the right of permanent use.<\/span><\/p>\n<\/div>\n
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3.<\/span>To establish that from August 1, 2021, by way of exception, the Cabinet of Ministers shall have the right to directly lease land plots only in the following cases:<\/span><\/div>\n
to<\/span> state research and educational institutions for realization of scientific research and testing experiments in the sphere of agriculture – upon the proposal of the Ministry of Agriculture;<\/span><\/p>\n
for placement of investment projects in special economic zones, as well as for realization by domestic and foreign investors, including enterprises with participation of foreign investments, foreign legal entities and individuals of a large investment project worth the equivalent of at least USD 10 million (increased depending on the size of the land plot) – with the initial placement of funds equal to at least 5 percent of the project cost in a special settlement account, as well as with the condition of payment to G<\/span><\/p>\n
international<\/span> associations and organizations.<\/span><\/p>\n<\/div>\n
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4.<\/span>To abolish, effective August 1, 2021, the following powers of local public authorities relating to land relations and the right to make a decision, order or other type of document thereon:<\/span><\/div>\n
direct allocation of land plots, provision for use, reservation for subsequent allocation, consolidation, provision of lands for improvement or other disposal of land plots, except for the authority to allocate land plots for permanent use to state organizations, signing a lease agreement in accordance with this Decree;<\/span><\/p>\n
establishment<\/span>, recognition, change, cancellation of rights to land plots by local state authorities of the district and city;<\/span><\/p>\n
transfer<\/span> of irrigated lands to the category of non-irrigated lands or to another category of lands and transfer of non-irrigated agricultural lands to another category of lands;<\/span><\/p>\n
provision<\/span> of lands for collective gardening, viticulture and melon growing, as well as for subsidiary farming;<\/span><\/p>\n
establishment<\/span> of investment obligations in respect of privatized land plots or other obligations restricting the free disposal of private property.<\/span><\/p>\n<\/div>\n
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5.<\/span>Completely abolish, as of August 1, 2021, all procedures, benefits and exceptions established by legislation that provide for the allocation of land plots in a different manner than provided for by this Decree.<\/span><\/div>\n
Prohibit state authorities from initiating direct allocation of land plots or establishing benefits and exceptions in any other manner.<\/span><\/p>\n
The Ministry of Finance (T.A. <\/span>Ishmetov<\/span>) <\/span>shall within a month submit<\/span>,<\/span> to the Cabinet of Ministers a procedure providing for full or partial compensation of the costs of buying out land plots through an electronic online auction to persons subject to special social protection, as well as to persons whose land plots have been withdrawn for state and public needs.<\/span><\/p>\n<\/div>\n
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6.<\/span>The Cabinet of Ministers within a month to submit to the Legislative Chamber of <\/span>Oliy<\/span> Majlis<\/span> draft laws:<\/span><\/div>\n
\u201cOn introducing amendments and additions to the Land Code of the Republic of Uzbekistan in connection with improving the procedure for allocation and use of land plots\u201d;<\/span><\/p>\n
\u201cOn introducing amendments and additions to some legislative acts of the Republic of Uzbekistan in connection with the improvement of the system of keeping records of land and state <\/span>cadastres<\/span>\u201d;<\/span><\/p>\n
\u201cOn introducing amendments and additions to the Law of the Republic of Uzbekistan \u2018On privatization of non-agricultural land plots\u2019.<\/span><\/p>\n<\/div>\n
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7.<\/span>Ministry of Economic Development and Poverty Reduction (D.A. <\/span>Kuchkarov<\/span>) to submit to the Cabinet of Ministers:<\/span><\/div>\n
within a month draft regulations on the procedure for privatization of land plots provided on the basis of permanent use (ownership) or lifetime inherited ownership rights in accordance with the Law \u201cOn privatization of non-agricultural land plots\u201d;<\/span><\/p>\n
jointly<\/span> with the Ministry of Justice and the Ministry of Agriculture within three months – proposals to increase the share of <\/span>dekhkan<\/span> farms in the cultivation of agricultural products.<\/span><\/p>\n<\/div>\n
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8.<\/span>From the date of official publication of this Decree until the introduction of relevant amendments and additions to the Land Code of the Republic of Uzbekistan to strictly suspend the allocation of land plots by the Council of Ministers of the Republic of <\/span>Karakalpakstan<\/span>, local representative and executive authorities of regions, the city of Tashkent, districts and cities in a different order than provided for by this Decree.<\/span><\/div>\n<\/div>\n
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9.<\/span>To establish and approve the compositions according to Annexes No. 1 and No. 2 of the Republican Council (hereinafter – the Republican Council) for early detection of violations of land legislation and coordination of activities aimed at their prevention, as well as the territorial council on the ground. <\/span><\/div>\n
The following <\/span>should be defined<\/span> as the main tasks of the Republican and regional councils:<\/span><\/p>\n
identify<\/span> and eliminate problems arising in the application of legal documents on land, including the development of a proposal to improve legislative documents;<\/span><\/p>\n
study<\/span> the best foreign experience in the sphere of rational land utilization and prepare proposals for its implementation taking into account national peculiarities;<\/span><\/p>\n
regularly<\/span> study the state of compliance with land legislation and form a unified practice of law enforcement in the field;<\/span><\/p>\n
study and coordinate the activities of state bodies responsible for the direct implementation of land legislation and state control, as well as listen to reports of the heads of these bodies and their substructures as necessary;<\/span><\/p>\n
identify<\/span> and take measures aimed at protecting land, especially agricultural land, as well as identify and prevent violations of legislation;<\/span><\/p>\n
organization of cooperation with the general public, mass media, international organizations to ensure enforcement of legislation on land and prevention of violations of the law;<\/span><\/p>\n
p<\/span>romote<\/span> the acceleration of digitalization processes on the ground through the widespread introduction of information and communication tools into land allocation and use processes;<\/span><\/p>\n
consider<\/span> other issues related to improving the enforcement of land-related legal instruments.<\/span><\/p>\n<\/div>\n
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10.<\/span>To take note that identification of cases of failure to carry out state registration of rights to land plots of all types regardless of land category, as well as to buildings and structures, taking measures to prevent unauthorized seizure of land plots and unauthorized changes in their boundaries, state control over the targeted use of land is carried out by the <\/span>Cadastre<\/span> Agency.<\/span><\/div>\n
Establish that employees of the <\/span>Cadastre<\/span> Agency are responsible for timely identification of cases of inappropriate use of land plots and taking appropriate measures.<\/span><\/p>\n
To authorize the bodies of the <\/span>Cadastre<\/span> Agency to apply directly to the court in case of revealing the facts of improper use of land plots with a claim to cancel the right to these land plots in accordance with Article 36 of the Land Code of the Republic of Uzbekistan, as well as the return of unauthorized land plots and\/or demolition of buildings illegally constructed on them.<\/span><\/p>\n
The <\/span>Cadastre<\/span> Agency, together with the Ministry of Justice, should organize broad explanatory work among executors and the public on the essence and significance of land legislation, including new legislative acts.<\/span><\/p>\n<\/div>\n
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11.<\/span>To establish that:<\/span><\/div>\n
General Prosecutor’s Office, Prosecutor’s Offices of the Republic of <\/span>Karakalpakstan<\/span>, regions and Tashkent city are the working body of the Republican and territorial councils respectively<\/span>;<\/span><\/p>\n
meetings<\/span> of the Republican and territorial councils shall be held at least once a quarter; heads of state bodies, as well as representatives of public organizations and mass media may be invited to the meetings of the Republican and territorial councils;<\/span><\/p>\n
territorial<\/span> councils shall report on their work to the Republican Council every quarter.<\/span><\/p>\n<\/div>\n<\/div>\n
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12.<\/span>Chairmen of the <\/span>Jokargy<\/span> Kenes<\/span> and the Council of Ministers of the Republic of <\/span>Karakalpakstan<\/span>, <\/span>khokims<\/span> of regions, Tashkent city, districts and cities within a month to approve a single list of all acts adopted from January 1, 2019 to date by the relevant local representative and executive authorities related to the provision and withdrawal of land plots, summarize them in the context of the Republic of <\/span>Karakalpakstan<\/span>, regions, Tashkent city and submit them to the General Prosecutor’s Office and the Ministry of Justice.<\/span><\/div>\n
To establish that Prosecutor General N.T. <\/span>Yuldashev<\/span> is responsible for ensuring effective organization of the activities of the Republican and territorial councils, establishing strict prosecutorial supervision to prevent violations of norms of legislation on land, including falsification of acts related to the provision and withdrawal of land plots, as well as ensuring the inevitability of criminal responsibility against guilty persons.<\/span><\/p>\n<\/div>\n
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13.<\/span>To determine that:<\/span><\/div>\n
in all processes related to the selection of land plots for the electronic online auction and open tender, coordination, acceptance of applications for participation in the auction and tender, conducting the auction and tender, registration of its results, without exception, to be used only through electronic document flow using electronic information systems;<\/span><\/p>\n
all decisions of local government bodies on land relations are made automatically through the Unified Electronic System for the development, coordination and registration of decisions made by local executive authorities “E-<\/span>qaror<\/span>“, and the formation of geographical data and maps on the land plot – through the “Integrated Information System of <\/span>Cadastre<\/span> and Registration”;<\/span><\/p>\n
the<\/span> result of a positive opinion and legal expertise of territorial bodies is a prerequisite for the adoption of documents on land relatio<\/span>ns by local public authorities.<\/span><\/p>\n
The Ministry of Information Technologies and Communications Development (<\/span>Sh.M<\/span>. <\/span>Sadikov<\/span>), the Ministry of Justice (R.K. <\/span>Davletov<\/span>), the State Assets Management Agency (A.J. <\/span>Artykov<\/span>), the <\/span>Cadastre<\/span> Agency under the State Tax Committee (F.K. <\/span>Umarov<\/span>) shall take measures to improve the respective information systems and their mutual integration based on the requirements of this paragraph within a month.<\/span><\/p>\n<\/div>\n
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14.<\/span> The Cabinet of Ministers shall approve within two months:<\/span><\/div>\n
Administrative regulations on granting lands for agricultural purposes on lease;<\/span><\/p>\n
Administrative regulations on the provision of lands for state and public needs for permanent use;<\/span><\/p>\n
Administrative regulations for the selection of the best proposal for the implementation of a major investment project.<\/span><\/p>\n<\/div>\n
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15.<\/span>To make changes and additions to some acts of the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan from August 1, 2021 according to Appendix #3.<\/span><\/div>\n<\/div>\n
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16.<\/span>To recognize some acts of the President of the Republic of Uzbekistan and the Government of the Republic of Uzbekistan as invalid from August 1, 2021, according to Appendix #4.<\/span><\/div>\n<\/div>\n
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17.<\/span>The Ministry of Justice together with the interested ministries and departments shall within two months<\/span>,<\/span> submit to the Cabinet of Ministers proposals on amendments and additions to legislative acts arising from this Decree.<\/span><\/div>\n<\/div>\n
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18.<\/span>To assign personal responsibility for effective organization of implementation of this Decree to the Deputy Prime Ministers of the Republic of Uzbekistan <\/span>Sh.M<\/span>. <\/span>Ganiev<\/span> and D.A. <\/span>Kuchkarov<\/span>, General Prosecutor of the Republic of Uzbekistan N.T. <\/span>Yuldashev<\/span>.<\/span><\/div>\n
The Prime Minister of the Republic of Uzbekistan A.N. <\/span>Aripov<\/span> and the Head of the Administration of the President of the Republic of Uzbekistan <\/span>Z.Sh<\/span>. <\/span>Nizomiddinov<\/span> shall be entrusted<\/span> with quarterly discussion of the implementation of this Decree, coordination and control over the activities of agencies responsible for its implementation.<\/span><\/p>\n
Inform the President of the Republic of Uzbekistan on the effectiveness of the measures implemented until October 1, 2021 and further – quarterly.<\/span><\/p>\n
President of the Republic of Uzbekistan Sh. MIRZIYOEV<\/span><\/p>\n
.<\/span><\/span><\/p>\n
ANNEX NO. 1<\/span><\/p>\n
To<\/span> Decree of the President <\/span>of the Republic of Uzbekistan #<\/span>. <\/span><\/p>\n
D<\/span>P-6243 dated June 8, 2021<\/span><\/p>\n
.<\/span><\/span><\/p>\n
CONSTITUTION<\/span><\/p>\n
Republican Council on early detection of violations of the legislation on land and coordination of activities aimed at their prevention<\/span><\/p>\n
N.T. <\/span>Yuldoshev<\/span> –<\/span> Prosecutor General, Chairman of the Republican Council<\/span><\/p>\n
Sh.M<\/span>. <\/span>Ganiev<\/span> –<\/span> Deputy Prime Minister, Deputy Chairman of the Republican Council<\/span><\/p>\n
R.K. <\/span>Davletov<\/span> – <\/span>Minister of Justice, Deputy Chairman of the Republican Council<\/span><\/p>\n
K.F. <\/span>Kamilov<\/span> – Chairman of the Supreme Court<\/span><\/p>\n
E.F. <\/span>Gadoev<\/span> –<\/span> Chairman of the Senate Committee of the <\/span>Oliy<\/span> Majlis<\/span><\/p>\n
B.S. <\/span>Tadjiev<\/span> –<\/span> Chairman of the Committee of the Senate of <\/span>Oliy<\/span> Majlis<\/span><\/p>\n
Sh.H<\/span>. <\/span>Nazarov<\/span> – <\/span>Chairman of the Committee of the Legislative Chamber of <\/span>Oliy<\/span> Majlis<\/span><\/p>\n
R.A. <\/span>Mamutov<\/span> –<\/span> Chairman of the Committee of the Legislative Chamber of <\/span>Oliy<\/span> Majlis<\/span><\/p>\n
P.R. <\/span>Bobojonov<\/span> – <\/span>Minister of Internal Affairs<\/span><\/p>\n
B.E. <\/span>Zokirov<\/span> – <\/span>Minister of Construction<\/span><\/p>\n
J.A. <\/span>Khodjaev<\/span> – <\/span>Minister of Agriculture<\/span><\/p>\n
Sh.J<\/span>. <\/span>Rakhimov<\/span> – <\/span>Deputy Prosecutor General<\/span><\/p>\n
G.H. <\/span>Yoziev<\/span> – <\/span>Deputy Chairman of the State Security Service<\/span><\/p>\n
S.S. <\/span>Saidkarimov<\/span> – <\/span>Deputy Chairman of the Accounts Chamber<\/span><\/p>\n
A.E. <\/span>Burkhanov<\/span> – <\/span>Director of the Agency for Combating Corruption<\/span><\/p>\n
N.J. <\/span>Bakirov<\/span> – <\/span>Chairman of the State Forestry Committee<\/span><\/p>\n
Sh.D<\/span>. <\/span>Kudbiev<\/span> – <\/span>Chairman of the State Tax Committee<\/span><\/p>\n
B.K. <\/span>Sharipov<\/span> –<\/span> Chairman of the Committee for development of silk and wool industry<\/span><\/p>\n
A.J. <\/span>Vakhobov<\/span> – <\/span>Head of the Inspection for control over agro-industrial complex<\/span><\/p>\n
F.K. <\/span>Umarov<\/span> –<\/span> Director of the <\/span>Cadastre<\/span> Agency under the State Tax Committee<\/span><\/p>\n
A.M. <\/span>Turaev<\/span> –<\/span> Director General of the National Center for Knowledge and Innovation in Agriculture<\/span><\/p>\n
A.A. <\/span>Khaitov<\/span> –<\/span> Head of the Council of Farmers, <\/span>Dekhkan<\/span> Farms and Owners of Homestead Lands<\/span><\/p>\n
Sh.M<\/span>. <\/span>Bobomurodov<\/span> –<\/span> Director of the Institute of Soil Science and Agrochemical Research<\/span><\/p>\n
.<\/span><\/span><\/p>\n
Note: When the members of the Republican Council move to another job, the persons newly appointed to these positions or the persons entrusted with the performance of the relevant functions shall be included in its composition.<\/span><\/p>\n
ANNEX NO. 2<\/span><\/p>\n
to<\/span> the Decree of the President of the Republic of Uzbekistan<\/span><\/p>\n
#<\/span>UP-6243 dated June 8, 2021<\/span><\/p>\n
TYPICAL CONSTITUTION<\/span><\/p>\n
territorial<\/span> council on early detection of violations of land legislation and coordination of activities aimed at their prevention<\/span><\/p>\n
.<\/span><\/span><\/p>\n
Ex officio<\/span> –<\/span> khokim<\/span> of the region (Chairman of the Council of Ministers of the Republic of <\/span>Karakalpakstan<\/span>), Chairman of the territorial council<\/span><\/p>\n
Ex officio<\/span> –<\/span> Prosecutor of the region (Republic of <\/span>Karakalpakstan<\/span>), deputy chairman of the council<\/span><\/p>\n
Ex officio<\/span> –<\/span> Chairman of the regional court (<\/span>Karakalpakstan<\/span>)<\/span><\/p>\n
Ex officio<\/span> –<\/span> Ex-officio Head of the State Security Service Department<\/span><\/p>\n
Ex officio<\/span> –<\/span> Head of the Justice Department<\/span><\/p>\n
Ex-officio<\/span> –<\/span> Head of the Department of Internal Affairs<\/span><\/p>\n
Ex-officio<\/span> –<\/span> Head of Construction<\/span><\/p>\n
Ex-officio<\/span> –<\/span> Head of the Department of Agriculture<\/span><\/p>\n
Ex-officio<\/span> –<\/span> Head of Forestry Department<\/span><\/p>\n
Ex-officio<\/span> –<\/span> Head of the Department for the Development of Silk and Wool Industry<\/span><\/p>\n
Ex-officio<\/span> –<\/span> Head of the Regional State Tax Administration<\/span><\/p>\n
Ex officio<\/span> –<\/span> Head of the territorial department of the Inspectorate for Control of Agro-Industrial Complex<\/span><\/p>\n
Ex officio<\/span> –<\/span> Deputy Regional Prosecutor by Sector<\/span><\/p>\n
Ex officio<\/span> – <\/span>Head of the Territorial Department of the <\/span>Cadastre<\/span> Agency<\/span><\/p>\n
Ex officio<\/span> –<\/span> Head of the Regional Council of Farmers, <\/span>Dekhkan<\/span> Farms and Owners of Homestead Lands<\/span><\/p>\n
.<\/span><\/span><\/p>\n
.<\/span><\/span><\/p>\n<\/div>\n<\/div>\n
The document presented from the database of the law firm \u201cS VERENIN\u2019S LEGAL GROUP\u201d.<\/em><\/span><\/p>\n
The document presented in an unofficial translation from the database of the law firm \u201cS VERENIN\u2019S LEGAL GROUP\u201d.<\/em><\/span><\/p>\n
The document presented as of _______2024\u0433.<\/em><\/span><\/p>","protected":false},"excerpt":{"rendered":"
DECREE OF THE PRESIDENT OF THE REPUBLIC OF UZBEKISTAN JUNE 8, 2021 y. DP \u2116 – 6243 . ON MEASURES TO ENSURE EQUALITY AND TRANSPARENCY IN LAND RELATIONS, RELIABLE PROTECTION…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15,70],"tags":[],"class_list":["post-12211","post","type-post","status-publish","format-standard","hentry","category-zakonodatelstvo","category-zemelnoe-pravo"],"acf":[],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/12211","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/comments?post=12211"}],"version-history":[{"count":7,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/12211\/revisions"}],"predecessor-version":[{"id":12218,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/posts\/12211\/revisions\/12218"}],"wp:attachment":[{"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/media?parent=12211"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/categories?post=12211"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/invest-in-uzbekistan.org\/en\/wp-json\/wp\/v2\/tags?post=12211"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}