The Constitution of Uzbekistan (December 8, 1992) guarantees ownership rights, freedom of economic activities and legal protection of all form of ownership. The property owners can possess, use, and dispose their assets at their own will without harming the environmental and infringing the rights and interests of others protected by law (Articles 36, 53 and 54). The land, its minerals, waters, fauna and flora and other natural resources are the national wealth. The state shall protect and ensure their rational use (Article 55).
Land Code (April 30 1998) regulates land administration, allocation and transfer of land plots and land use right.s aMong other norms it defines i) responsibilities of authorities (Cabinet of Ministers and regional, district and cities authorities) in management of land resources, ii) rights and obligations of land users, iii) categories of land and iv) conditions for termination of land use rights including acquisition of lands for the state and public needs based on the creed of the authorities (district, cities, regional Hokimiyats) or the Cabinet of Ministers and in agreement with the land users. In case of dispute, the Court will decide (article 37). The natural and legal persons can appeal the decree to the Court (article 36). The legal land users shall receive full compensation for all losses including lost profits and land plots of equal value (articles 39 and 41).
Land Code further specifies the provisions for compensations including for lost projects (Article 86) in case of i) acquisition, redemption or temporary occupation of lands, ii) restrictions to the land use in connection with establishment of water protection zones, coastal strips, sanitary protection zones of water bodies, zones of formation of surface and underground waters, resold areas, public areas of biosphere reserves, protected zones around national parks, game reserves, national nature monuments, cultural heritage, discharges, roads, pipelines, communication and power lines.
Civil Code (August 29, 1996) among other norms, i) defines the legal status of all participants of civil relations, ii) contractural obligations iii) procedure of enforcement of property rights including for intellectual property and personal non-property relations, and iii) provides rules of termination of property rights and compensation. As such, it envisages full compensation of all damages for APs, unless the law or the agreements provide otherwise. As per article 14, the person who loses property rights has right for compensation of all lost items and lost profit:
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costs of the AHs have incurred or shall incur to restore the property rights
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loss of or damage to property (real damage)
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incomes the AHs would have received under normal conditions of civil turnover if his/her property rights have not been affected (lost profits)
According to the Civil Code, if the international treaty or agreement signed by Uzbekistan stipulates other rules than those stipulated by civil legislation, rules of the international treaty or agreement shall prevail (article 7). As per article 8, Clause 3, the rights to the property which are subject to state registration arises upon the state registration of such rights, unless otherwise provided by law.
Article 84, Clause 1 provides that the ownership rights to the immovable properties are subject to state registration. This means that without undergoing state registration the land users can not establish property rights. It is important to understand and apply this requirement in the land acquisition and resettlement process including in the demolition of buildings.
Tax Code (25 Dec 2007) along with other tax issues, envisages tax reduction and exemption for property, income and taxable incomes for vulnerable people.
Labour Code (21 Dec 1995) regulates labour relations of all forms of employment relations and mandatory for all employers and employees including the Uzbekistan nationals, foreign nationals, stateless persons and employees of the foreign international organisations and legal entities. Among other norms, the Code has provisions about i) protection of the interests and occupational health and safety of employees, and ii) indemnity compensation for the loss of employment to be paid by the employers. In involuntary resettlement cases, the project proponents pay compensation. This does not guarantee compensation to informal employees and therefore does not guarantee that all APs lose jobs receive compensation.
Law About Valuation Activities (2009) as amended to date). The Law envisages that valuation is a licensed activity and the valuators should be licensed and independent (article 4). It envisages the events when valuation is mandatory including in case of acquisition of assts (article 11). The law does not provide detailed methodologies for valuation activities but refers to valuation standards and other regulations related to different industries. In case of dispute if necessary, to verify the reliability of the evaluation report, an examination of the conducted valuation report can be undertaken by another valuator (article 181).
Decree of the President of the Republic of Uzbekistan #5495 (1 August 2018) ‘On measures on cardinal improvement of the investment climate in the Republic of Uzbekistan’ provides acquisition of lands for state and public needs shall take place through discussions with the APs and assessment of costs an benefits. Land acquisition and demolition of immovable properties (residential, industrial and other forms of structures) can take place after full compensation of owners and users at the market value of the lost property and other relevant costs. The Decree provides that land acquisition may take place by the approval of the Republican Centralised Fund (RCF), discussed below.
Resolution of the Cabinet of Ministers #1047 (26 Dec 2018) ‘On the procedure for the formation and use of centralised funds for the compensation to affected individuals and legal entities due to land acquisition for the state or public needs’. It defines sources of compensation payments based on the type of projects. The Supervisory Board of RCF decides on the allocation of funds for compensation.
Resolution of the Cabinet of Ministers #3857 (16 July 2018). The resolution ‘On measures to improve the effectiveness of training and realising projects with participation of international financial institutions and foreign government financial organisations’ specifies about payment of compensation for the land acquisition, demolition of houses/structures and trees for the projects financed by IFIs if such covenants are specified thereto, and will be carried out by authorised bodies as per the requirements of IFIs or Foreign Governmental Finance Organisations (FGFOs).
Resolution of Cabinet of Ministers #911 (16 November 2019). The resolution envisages procedures for acquisition of lands for state and public needs that belong to individuals (individual entrepreneur, citizen of the Republic of Uzbekistan, foreign citizen and stateless persons) and legal entities (business entities, NGOs) on the basis of ownership, permanent use or temporary use, as well as in the framework of investment projects and compensation for property owners including for the properties located on impacted lands.
According to the Chapter 3 (General procedure for providing compensation to owners due to demolition of properties), Article 11 of the resolution, compensations are paid as follows:
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market value of real estate located on the seized land, and the market value of the right to the seized land
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expenses associated with the temporary acquisition of properties, including relocation
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loss of profits of individuals and legal entities and other expenses and losses stipulated by law or agreement
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the cost of self-constructed housing, industrial and other buildings and structures should also be covered
Types of compensation provided:
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cash
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provision of land plot or another property for the acquired land and property
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other form of compensation as per agreement of parties
By agreement of the parties, the owner may be provided with several types of compensation, considering the estimated value of the property. The term for the provision of a new property instead of demolished property should not exceed 24 months from the date of provision of another property for temporary use. If a new property is not issued within the indicated period, the entrepreneur pays the owners a fine of 0.01 percent of each day of delay. In this case, the size of the fine should not exceed 50 percent to the value of the violated property. An agreement providing for the provision of property as compensation is subject to state registration in cases provided for by law.
In case of acquiring the land for state and public needs, compensation shall be paid by the Council of Ministers of the Republic of NAME OF REGION, Hokimiyats, regions and district from the funds of the corresponding centralised fund and other sources not prohibited by law.
In case of acquiring the land for investment projects, the investor pays compensation and compensation can also be paid fro mother sources not prohibited by law, through:
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transferring funds to the appropriate bank (deposit) account of the affected owner
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in case of acquiring an apartment building the affected owner shall be given apartment for ownership in the same area or another area based on the agreement of parties
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a new apartment can be given from an apartment building (or houses) which are being built on the acquired land plot, as wished by the affected owner. In this case the owner will be provided with temporary housing for rent paid by the investor, until he/she receives a new apartment in the housing buildings which is being built
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in case of acquiring lands occupied by non-residential buildings, as agreed by parties, the affected owner shall be given a non-residential building within the same district (city and not less than the total area of the acquired non-residential building
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if non-residential building to be given as compensation from the buildings being built at the acquired land, the affected owner shall be given a temporary non-residential building for rent at the expense of the investor until he/she will receive the compensated non-residential building
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in case of acquiring a land plot occupied by an individual residential premise (including construction in progress, but registered) - by an agreement of the parties, the owner shall be compensated with an individual residential premise within the district
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in case of acquiring a land plot the affected owner shall be given another land plot, the type and area of which is equal to the previous one
If the market value of the right to the seized land exceeds the market value of the right to the land plot provided as compensation, the difference shall be compensated to the right holder of the land plot.
If the market value of the right to the affected land is lower than the market value of the right to the land granted as compensation, the affected land holder will not be required to pay the difference.
By agreement of the parties, the size, and types of the land plot unit for compensation may be reduced by providing additional land plot as compensation.
In case of acquiring the land plot for hosing construction, the investor provides the affected owner and his/her family with temporary rent housing unit the completion of construction and transferring the housing unit to the affected owner. In this case, the construction period should not exceed two years from the date of conclusion of the agreement.
Resolution of the Cabinet of Ministers #146 (25 May 2011) provides i) procedures for allocating lands for urban development and other non-agricultural purposes considering architectural planning of towns and efficient use of lands based on the norms of the Land Code and the City Planning Code and ii) methodology for valuation and compensation for loss of lands, plants, agricultural and forestry products, incomes as well as land development costs.
The Resolution provides that in case of land acquisition the valuation for compensation of lost plants, agricultural and forestry production shall be carried out following the methodology and formulas described in the Annex 4 of this Resolution. The ‘Uzdaverloyiha’ State Scientific-Design Institute and its territorial divisions, branches of state-owned land management enterprises and real estate cadaster of the respective districts, will define amount of compensation with involvement of valuation companies. The valuation and defined compensation will be reviewed by commissions under respective districts, Hokimiyats and approved by the Hokimiyats. In the case of dispute of AHs, the Court has its own procedure for engaging a valuation commission to the value of losses for compensation. The resolution envisages compensation for all losses (e.g. lands, costs of land development, structures, utilities, crops, trees, and fruits and the lost income) to AHs with formal rights, but no compensation to AHs with no legal rights.
Compensation in form of replacement land shall be made with lands of equal value, productivity, and irrigation services in a comparable location. If such land is not available, another land plot shall be given plus land development cost to improve the land quality and productivity, and irrigation supply, plus transitional allowance for loss of income from crops based on the tax reported average annual net income for the last three years multiplied by four (four years during thwack the land will be selected and developed, or the irrigation system of the existing lands will be improved). Local Hokimiyats will pay all transition costs and registration fees for the replacement land. Local Hokimiyats will pay the land development costs to the local authorities to use for land development. If the remaining part of the affected land becomes non viable, the whole land plot shall be acquired and compensated.
Decree of the President of the Republic of Uzbekistan №5495 (1 August 2018)
The Decree “On measures on cardinal improvement of investment climate in the republic of Uzbekistan" partly provides that the adoption of decisions on the seizure of land for state and public needs is allowed only after an open discussion with interested parties whose land plots are planned to be seized, as well as assessing the benefits and costs; demolition of residential, industrial premises, other structures and structures belonging to individuals and legal entities, with the withdrawal of land plots is allowed after full compensation of the market value of immovable property and losses caused to owners in connection with such withdrawal.
Resolution of Cabinet of Ministers № 911 (16 November 2019)
This resolution regulates compensation for losses to individuals and legal entities due to the seizure of land plots for state and public needs. This regulation is mainly dealing with land plots, houses, building and structures of individuals and legal entities.
The resolution determines the procedure for seizure of land or part thereof, as well as the procedure for calculating the amount of compensation to individuals and legal entities for the demolished residential, industrial and other buildings, structures and plantings in due to seizure of land for state and public needs. This Resolution does not apply to land plots owned by individuals and legal entities on the basis of ownership. The Resolution contains:
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Procedure for calculating the amount of compensation to individuals and legal entities for the demolishing houses (apartments, buildings, structures and plantings) due to seizure of land plots for state and public needs;
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Procedure and conditions for providing residential premises for owners of demolishing houses;
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Procedure and conditions for providing land plots to individuals for individual housing construction instead of the demolishing residential house (apartment);
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Procedure of losses compensation to legal entities due to seizure of land plots for state and public needs;
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Procedure and calculation terms for transfer and reinstatement at the new place of dwelling houses, buildings and structures to be demolished; and
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Procedure and calculation terms of in case of construction in a new place of dwelling houses, buildings for individuals and legal entities, houses (apartments) of which are to be demolished.
The land acquisition is carried out in agreement with the owner in the format of an open discussion. An open discussion is carried out by the initiator of the seizure of the land plot. After an open discussion, the minutes of the meeting are signed between the initiator and the owner (Section 5, Chapter 2 of the Resolution).
In accordance with Chapter 3 of the Resolution, compensation is calculated to include:
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The market value of real estate objects located on the withdrawn land plot;
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The market value of the right to the withdrawn land plot;
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Expenses related to relocation, including temporary acquisition of another immovable property;
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Lost profits of individuals and legal entities;
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Other costs and losses provided for by law or the Agreement.
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Independently constructed residential, industrial and other buildings and structures are also subject to compensation.
Types of compensation provided are either cash or the granting ownership of another real estate object.
According to the Clause 50, the evaluation of residential houses (apartments), buildings, structures, and determination of plantings costs, located at acquired land plots, shall be done by appraisal companies at the expense of an applicant. Property evaluation approaches vary from one executing agency to another but engaging independent appraisers (private companies) has become common practice. For the calculation of losses in the form of demolitions of buildings and structures, this is determined by their market value. Only evaluation of the losses of agricultural and forestry production is carried out by the self-financing State Enterprises for Land Surveying and Real Estate Cadastre subordinated to ‘Goscomzemgeodescadastre’. In case of land acquisition, the evaluation of losses of agricultural and forestry production is undertaken using the methodology described in the regulations approved by the governmental Resolution 13.
In case of a disagreement between the asset owner and the findings of the evaluation report, resolution takes place in a court. In contentious situations at the request of the judiciary, an Expert Commission can be created for the examination and final ruling.
Law of the Republic of Uzbekistan No. 552 (01 March 2020)
The law establishes the procedure for the privatization of non-agricultural land plots. The law stipulates the basic principles of land privatization, objects and subjects of privatization, state administration in the field of privatization, powers of state bodies, determines the legal status of land and other issues.
In accordance with Art. 10 privatisation covers:
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Land plots on which buildings and structures owned by legal entities or privatised by them are located, as well as industrial infrastructure facilities, as well as adjacent land plots in the amount necessary for carrying out production activities;
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Land plots provided to citizens of the Republic of Uzbekistan for individual housing construction and maintenance of a residential building;
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Free land plots; and
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Land plots provided to the Urbanization Development Fund under the Ministry of Economy and Industry of the Republic of Uzbekistan.
Privatisation of land plots is carried out in the form of: (1) redemption by legal entities and individuals of land plots that are on the right of permanent use (possession) or life-long inherited possession; or (2) sale of land plots through an electronic online auction (Article 13 of the Law).
Decree of the President of the Republic of Uzbekistan № 6243 (09 June 2021)
This Decree is aimed at introducing amendments to the land legislation of the Republic of Uzbekistan. So, in accordance with the Decree from August 1, 2021:
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Land plots are allocated to the private sector on the basis of ownership and lease rights, to state bodies, institutions, enterprises, citizens' self-government bodies on the basis of the right of permanent use;
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Agricultural land is allocated only on the basis of a lease right based on the results of open electronic tenders;
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Non-agricultural land is sold through electronic online auctions based on ownership and lease rights;
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Land plots are allocated to state organizations for state and public needs by the decision of the Council of Ministers of the Republic of Karakalpakstan, khokims of regions and the city of Tashkent on the basis of the right of permanent use;
The Cabinet of Ministers has the right to lease land plots directly to: (1) state research and educational institutions, (2) agro-industrial clusters, (3) for the implementation of a large investment project, determined by selecting the best offer, worth at least 10 million US dollars equivalent and (4) enterprises with the participation of foreign investments, international associations and organizations, foreign legal entities and individuals, with payment at market value for obtaining the right to lease (except for international associations and organisations). The decree also cancelled all procedures, benefits and exceptions established by legislation, providing for the allocation of land plots in a different manner than provided for by this Decree.
Decree of the President of the Republic of Uzbekistan № 6277 (11 August 2021)
The decree defines the procedure and amount of child allowances to low-income families and material assistance to single citizens, families without children, or low-income families whose children are over 18 years old.
As of November 11, 2021, the following amounts of child allowances and payments of material assistance to low-income families are in effect:
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a) monthly amount of child allowance:
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250,000 som [23 USD] - for one child aged 3 to 18 years, 325,000 som [30 USD] - for one youngest child under 3 years old;
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150,000 som [14 USD] - additionally for the second child of the family;
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100,000 som [9 USD] - for the third and each next child of the family;
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b) the monthly amount of material assistance for low-income families - 380,000 som [35 USD].
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It is important to state that the above definition is not linked to a land acquisition or resettlement planning process and is provided broadly across the country to families in need who are identified as being ‘vulnerable’.
Resolution of the Cabinet of Ministers No 122 (05 March 2021)
Resolution of the Cabinet of Ministers No 122 “On measures for the further improvement of the system of social protection of the population and widely introduction of modern ICT in the industry” passed this recent legislation on 05 March 2021 to cover the entitlement for people who are vulnerable.
The Ministry of Mahalla and Family Support of the Republic of Uzbekistan, the Ministry of Development of Information Technologies and Communications, the Cadastral Agency under the State Tax Committee, the Ministry of Employment and Labor Relations and other relevant ministries, are obliged to develop and implement a single electronic database with the specified territorial boundaries and ensure its integration into an IT "Unified register".
The legislation aims to ensure that the information system of the Public Services Agency under the Ministry of Justice "Unified Electronic Archive of the Public Service Agency" provides information on guardians and trustees through electronic information exchange between departments; state and non-state documents, documents and other official documents and documents, from the beginning to the end of enrolment (admission, transfer from class to class, transfer, graduation, etc.).
The Minister of Finance together with the Ministry of Economic Development and Poverty Reduction, are obliged to conduct a regular analysis of the socio-economic situation of families receiving social benefits and material assistance through the Unified Register. Based on the analysis of the socio-economic situation of families receiving social pensions and material assistance, budget allocations for social pensions and material assistance shall be distributed among the local budgets of districts and districts (cities).
The Law on the Citizens’ Appeals No 444 (11 September 2017)
The purpose of this Law is to regulate the appeals of individuals and legal entities (hereinafter referred to as ‘appeals’) to state bodies and state institutions (hereinafter referred to as ‘state bodies’), as well as to their officials. Appeals can be oral, written, or electronic. Appeals, regardless of their form and type, are of equal importance.
A people's ‘Reception Office’ is created under the Virtual Reception Office of the President of the Republic of Uzbekistan, and is tasked with:
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Organising a direct dialogue with the population, ensuring the functioning of an effective system of appeals aimed at the full protection of their rights, freedoms, and legitimate interests;
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Using modern information and communication technologies through the introduction and maintenance of an electronic information system for entering, summarising, systematising, monitoring, and controlling the consideration of appeals received; and
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Real-time consultation through information exchange between consultants, individuals and legal entities who wish to receive prompt information on the issue of interest.
An application or complaint is considered within fifteen days from the date of receipt by the state body, organisation or their official, who are obliged to resolve the issue. Where additional study and/or verification is required, the request for additional documentation must be made and completed within a period of 1 month from the date of the original request.
The various types of land tenure may co-exist in several combinations:
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Tamorka is the private subsidiary plot, usually adjacent to the house, to which all citizens are entitled for their own use.
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A household land plot is a land plot provided for running a subsidiary farm for the purpose of growing agricultural products or individual housing construction and home improvement. Allocation of land depends on availability, as these plots are usually taken from land reserves of collective farms, based on transactions between the collective and the head of the household.
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Shirkats, the former state farms, have been restructured as collective joint stock enterprises and occupy the bulk of agricultural land, accounting for about 50 percent of the value of all crops. The Shirkat consists of fields, agricultural installations and settlements that form almost small towns. The Shirkat contracts annually fields to farmers with conditions on crop types and production levels. The Shirkat, as a community, possess the land through the lifelong inheritable possession. In some areas farmers have been cultivating the same land parcels for years.
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Dekhkan farms can receive land ranging from 0.6 ha to 1 ha of land. Dehkan farms have land on the basis of lifetime inheritance or lease.
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Farms are provided with land plots on the basis of an open tender for rent for a period of up to fifty years, but not less than thirty years.