1.03.00.00.00 Civil legislation / 03.08.00.00 Ownership and other rights / 03.08.01.00 General provisions]
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Unofficial translation
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Law of the Republic of Uzbekistan
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On property in the Republic of Uzbekistan
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Property in the Republic of Uzbekistan is inviolable. Every person has the right to own property.
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Any form of ownership that ensures the effective functioning of the economy and contributes to the growth of the peopleʼs welfare shall be permitted in the Republic of Uzbekistan. The law guarantees the inviolability of all forms of ownership and the creation of equal conditions for their development.
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The Republic of Uzbekistan shall provide all necessary conditions for the preservation and multiplication of property belonging to owners.
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CHAPTER I. GENERAL PROVISIONS
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Article 1. Property Rights
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1. Property rights shall be recognized and protected by law in the Republic of Uzbekistan.
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2. The owner shall possess, use, and dispose of property belonging to him/her at his/her own discretion.
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The owner shall have the right to perform any actions with respect to his/her property that are not contrary to the law. The owner may use the property to engage in any economic or other activity not prohibited by legislative acts.
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3. Only the owner shall have the right to transfer the rights of possession, use, and disposal of his/her property to other persons. In cases provided for by the legislation of the Republic of Uzbekistan, the owner may be obliged to allow limited use of his/her property by other persons.
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4. The owner shall have the right, within the conditions and scope established by the legislative acts of the Republic of Uzbekistan, to conclude contracts with citizens on the use of their labor in exercising his/her property rights.
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Regardless of the form of property on the basis of which a citizenʼs labor is used, the citizen shall be guaranteed the socio-economic rights and guarantees stipulated in the Constitution of the Republic of Uzbekistan and other legislative acts.
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5. The exercise of property rights shall not cause damage to the environment, infringe upon the rights of natural persons, legal entities, and the State, nor prejudice the legally protected interests of others.
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Article 2. Legislation on Ownership
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1. Relations concerning ownership in the Republic of Uzbekistan shall be regulated by the Constitution of the Republic of Uzbekistan, this Law, and other legislative acts of the Republic of Uzbekistan.
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2. In the Republic of Karakalpakstan, relations concerning ownership shall also be regulated by the legislation of the Republic of Karakalpakstan.
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Article 3. Objects of Property Rights
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1. The following shall be objects of property:
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Land within the territory of the Republic of Uzbekistan, subsoil resources, internal waters, the air basin, flora and fauna, buildings and structures, products, residential houses and apartments, trademarks, industrial designs, inventions, utility models, integrated circuit topographies, plant varieties, service marks, equipment, objects of material and spiritual culture, money, securities, and other property; as well as a personʼs capacity to work.
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2. Relations concerning the creation and use of inventions, discoveries, works of science, literature and art, information, scientific ideas, technical developments, and other objects of intellectual creativity shall be regulated by special legislation of the Republic of Uzbekistan.
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3. The exercise of property rights with respect to historical and cultural monuments shall be determined by special legislation of the Republic of Uzbekistan.
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4. Unless otherwise provided by law or contract, the results of the use of property in economic activity (products and income) shall belong to the owner of such property.
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Article 4. Subjects of Property Rights
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Citizens of the Republic of Uzbekistan, collectives, their associations, public organizations and religious organizations, citizensʼ family and other associations, bodies of local self-government, Councils of Peopleʼs Deputies at all levels and state administration bodies authorized by them, other states, international organizations, legal entities and citizens of other states, as well as stateless persons shall be subjects of property rights.
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Various legal entities and citizens, as well as stateless persons, may be subjects of the same property.
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Article 5. Forms of Ownership
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1. Ownership in the Republic of Uzbekistan shall exist in the following forms:
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private ownership;
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collective (cooperative) ownership;
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state property consisting of the property of administrative-territorial units (municipal property);
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mixed ownership;
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ownership of legal entities and natural persons of other states as well as of international organizations.
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2. The Republic of Uzbekistan shall guarantee the equality of rights of all forms of ownership and their legal protection.
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Article 6. Levy of Execution on the Ownerʼs Property
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1. Recovery of debts under the obligations of a legal entity may be levied upon property belonging to it by the right of ownership, full economic management, or operational management. The owner shall not be liable for the obligations of legal entities established by him/her, and such legal entities shall not be liable for the obligations of the owner, unless otherwise provided by legislative acts of the Republic of Uzbekistan.
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2. Natural persons shall be liable for their obligations with property belonging to them on the basis of property rights.
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The list of property of natural persons that cannot be seized in satisfaction of creditorsʼ claims shall be determined by legislative acts of the Republic of Uzbekistan.
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CHAPTER II. PRIVATE OWNERSHIP
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Article 7. Private Ownership
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1. Private ownership consists of the right to possess, use, and dispose of oneʼs property in a private manner. Private ownership may be based on the ownerʼs personal direct participation in the production process and/or the use of hired labor.
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2. Private ownership, like other forms of ownership, is inviolable and under state protection. The owner may be deprived of his/her property only in cases and in the manner provided for by law.
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3. Private ownership of citizens arises and increases from income derived from employment, entrepreneurial activity, deposits in credit institutions, income from shares and other securities, inheritance, as well as other grounds not prohibited by applicable legislative acts. Citizensʼ private property may also be formed as a result of their participation in the privatization of state property.
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4. A citizen shall have the absolute right to dispose of his/her ability to work — labor power. He/she shall exercise this right independently or on the basis of a contract (agreement).
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5. A member of a housing cooperative, housing construction, summer house, garage cooperative, or another cooperative shall acquire property rights with respect to the apartment, summer house, garage, or other building or structure allocated for use, after full payment of the share contribution.
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The holder of bonds of the “Toshuyjoyjamgʻarmabank” shall acquire rights to the apartment upon full repayment of the preferential loan or full payment of the cost of the apartment being purchased.
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A tenant of a dwelling from the state or departmental housing fund and members of his/her family shall have the right to purchase the corresponding apartment or house (or part thereof) from the owner.
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After acquiring the property into ownership, the citizen shall have the right to dispose of it at his/her own discretion — to sell, bequeath, lease, pledge, or conclude other transactions with respect thereto that are not contrary to the law.
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6. Private ownership may arise from investing oneʼs property as capital, purchasing state, cooperative, or other enterprisesʼ property, purchasing leased property, acquiring property at auction, or on other grounds permitted by law.
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7. Objects that may not be privately owned shall be determined by the legislation of the Republic of Uzbekistan.
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8. Land plots not designated for agricultural purposes may, under conditions and in the manner established by legislation, be granted into private ownership of legal and natural persons.
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CHAPTER III. COLLECTIVE (COMMUNAL) OWNERSHIP
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Article 8. General Provisions
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1. Collective (communal) ownership includes family property, neighborhood (mahalla) property, as well as the property of cooperatives, lease enterprises, collective enterprises, public organizations and religious organizations, various economic associations and partnerships, associations, and other unions recognized as legal entities.
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2. The formation and growth of collective ownership is ensured by granting labor collectives the opportunity to use the income received to purchase state property, as well as by the voluntary pooling of property of citizens and legal entities for the establishment of cooperatives, other economic associations, and partnerships.
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3. The list of property that may not be transferred into different forms of collective ownership shall be determined by the Oliy Majlis of the Republic of Uzbekistan.
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Article 9. Family Property
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Family membersʼ property is considered family property. This property may include production means and consumer goods permitted by law, as well as products created for the purpose of meeting family needs, managing household and subsidiary farms, and generating income from other lawful activities.
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The right of family property may also consist of private ownership belonging specifically to each of its subjects.
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Article 10. Mahalla Property
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1. The property possessed, used, and disposed of by mahallas — the primary units of social self-governance — shall consist of property created from the joint labor activities or common income of the mahalla residents, as well as revenues derived from the use of such property for economic purposes, voluntary contributions from legal and natural persons, material and charitable assistance, and material and financial resources allocated by local Soviets of Peopleʼs Deputies.
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2. The residents of the mahalla are the subjects of mahalla property. The bodies elected by them shall own, use, and dispose of mahalla property on the basis of full economic management.
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Article 11. Cooperative Property
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1. Property jointly owned by citizens who voluntarily unite on a membership basis to conduct joint economic activity or other activity is cooperative property.
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2. Cooperative property is formed and expanded through contributions in money or other property made by its members, income from the products they produce and sell, as well as income from other activities provided for by the cooperativeʼs charter.
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3. In the event of the liquidation of a cooperative, after settlements with the budget, banks, and other creditors, the remaining property shall be distributed among its members in the manner provided for by the charter.
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Article 12. Property of Leased Enterprises
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Products manufactured, income received, and other property acquired at the expense of the funds of a leased enterprise are the property of that enterpriseʼs collective.
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The procedure and conditions for the participation of members of the labor collective of a leased enterprise in managing collective activities and distributing profits (income) shall be determined in accordance with the legislation of the Republic of Uzbekistan on lease.
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Article 13. Property of a Collective Enterprise
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1. The property of a collective enterprise arises in cases where leased property is purchased or other methods of acquisition of property are provided for by law. The property of a collective enterprise, including manufactured products and income received, is the common property of the collective.
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2. Within the property of a collective enterprise, the contributions of its employees shall be allocated. Such contributions include the total value of property added by the employees to the leased enterprise that served as the basis for the establishment of the collective enterprise, as well as the shares contributed by employees to increase the property of the enterprise after its establishment.
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The amount of an employeeʼs share in increasing the property shall be determined according to his/her participation in the enterpriseʼs activity and, based on the results of economic activity, interest shall be allocated and paid in the amount determined by the labor collective.
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An employee who terminates labor relations with the enterprise, as well as the heirs of a deceased employee, shall be paid the value of their contributed share.
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In the event of the liquidation of the collective enterprise, the value of shares shall be paid to employees (or their heirs) from the remaining property after settlements with the budget, banks, and other creditors.
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Article 14. Property of Economic Societies and Partnerships
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1. The property of an economic society and partnership recognized as a legal entity shall consist of contributions made by its participants, property acquired as a result of economic activity, and other property acquired on grounds not prohibited by law.
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2. The contribution of a participant in an economic society and partnership may consist of fixed and informational funds, monetary assets and securities, other property, and proprietary rights.
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3. Legal entities and natural persons, as well as state administration bodies, may be participants of an economic society and partnership, unless otherwise provided by the legislation of the Republic of Uzbekistan.
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4. A joint-stock company shall own the property acquired from the sale of shares, as well as property acquired as a result of its economic activity and on other grounds not prohibited by law.
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Enterprises, institutions, organizations, state administration bodies, citizens of the Republic of Uzbekistan, as well as legal entities and natural persons of foreign states, may be shareholders, unless otherwise provided by the legislation of the Republic of Uzbekistan.
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Article 15. Property of Economic Associations (Unions)
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1. An association of enterprises and organisations (including a concern, sectoral, intersectoral or territorial association) shall own the property voluntarily transferred to it by enterprises and organisations, as well as the property acquired as a result of its own economic activities.
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2. An economic association shall not have the right of ownership over the property of the enterprises and organizations that are members of the association.
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3. After the termination of the activity of an economic association, the remaining property shall be distributed among the enterprises and organizations that were its members on the basis of agreement, taking into account their contributions (shares).
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Article 16. Property of Public Associations
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1. The property of public associations (political parties, mass movements including people's fronts, trade unions, womenʼs, veteransʼ, youth and childrenʼs organizations, voluntary societies, creative unions, foundations, associations, and other associations of citizens) may include buildings, structures, housing stock, equipment, property serving cultural, educational and health purposes, monetary funds, securities, and other property necessary for the material support of activities provided for in their statutes.
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The property of public associations may also include enterprises established in accordance with their statutes and financed from the funds of such associations.
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The monetary funds of public associations shall be formed from membership and admission fees, voluntary contributions, donations, proceeds from lotteries, income from economic, business and publishing activities, and other receipts not prohibited by law.
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The authority of associations and their constituent organizations regarding the use and disposal of property belonging to such associations shall be determined by their statutes.
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The legislation of the Republic of Uzbekistan may determine types of property that may not be owned by public associations in the interests of national security or in accordance with the international treaties of the Republic of Uzbekistan.
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Public associations may receive monetary funds and other property from foreign states in accordance with their statutes and the procedure established by legislation.
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Political parties and social movements pursuing political objectives shall not be entitled to receive financial or other material assistance from legal entities and natural persons of foreign states.
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2. After the dissolution of a public association, the remaining property shall be used for the purposes provided for in its statute.
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Article 17. Property of Religious Organizations
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1. The property of religious organizations may include buildings, items of religious significance, objects of production, social and charitable importance, monetary funds, and other property necessary for their activities.
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Religious organizations shall have the right to own property acquired at their own expense, constructed by them, donated by citizens or organizations, granted by the state, or otherwise acquired on grounds not prohibited by law.
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Religious organizations may own property located outside the borders of the Republic of Uzbekistan.
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The transfer of property for charitable purposes shall be permitted in the Republic of Uzbekistan.
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Religious organizations shall be entitled to request and receive voluntary financial and other donations.
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2. Financial and property donations received by religious organizations, as well as all types of monetary receipts from citizens, shall be exempt from taxation.
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CHAPTER IV. STATE PROPERTY
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Article 18. General Provisions
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1. State property of the Republic of Uzbekistan includes the property of administrative-territorial units (municipal property). The disposal and administration of state property shall be carried out, on behalf of the people (the population of the administrative-territorial unit), by the relevant Councils of Peopleʼs Deputies and the state administration bodies authorised by them.
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2. Property created or acquired using funds from the budget or other funds of the Republic of Uzbekistan or an administrative-territorial unit, or using funds of enterprises, organisations and institutions under their authority, shall respectively constitute the property of the Republic of Uzbekistan or the property of the relevant administrative-territorial unit.
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3. The Republic of Uzbekistan shall not be liable for the obligations of its administrative-territorial units. Likewise, an administrative-territorial unit shall not be liable for the obligations of the Republic of Uzbekistan.
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4. The Republic of Uzbekistan may create property jointly with other states and hold ownership rights over the results of economic activity on the basis of the share belonging to each state.
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The use of water resources, airspace, and other types of property of interstate significance shall be regulated in accordance with agreements between the states.
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Article 19. Objects of State Property
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1. The exclusive property of the Republic of Uzbekistan shall include:
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land (except land transferred into ownership under the procedure and conditions established by law), subsoil resources, internal waters, the airspace within the territory of the Republic, flora and fauna;
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property of the state authorities and administration bodies of the Republic of Uzbekistan;
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the cultural and historical heritage of the peoples of the Republic;
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funds of the republican budget, republican and state banks, insurance, reserve and other state funds;
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state-owned enterprises of national significance, state higher educational institutions, social and cultural facilities, and other property ensuring the independence and economic sovereignty of the Republic.
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2. The procedure for transferring land plots and other natural resources and facilities by the Republic of Karakalpakstan to meet state needs shall be determined by an agreement between the Republic of Karakalpakstan and the Republic of Uzbekistan.
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Article 20. Subject of State Property
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The people of the Republic of Uzbekistan shall be the subject of state property. Property rights shall be exercised on behalf of the people by the Supreme Council of the Republic of Uzbekistan, the President of the Republic of Uzbekistan, and state administration bodies authorized by them.
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Article 21. Property of the Republic of Uzbekistan Located Outside the Borders of the Republic
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Ownership, use, and disposal of state property of the Republic of Uzbekistan located outside the borders of the Republic shall be regulated by the legislation of the Republic of Uzbekistan, the laws of the state in which the property is located, and norms of international law.
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Article 22. Objects of Property of an Administrative-Territorial Unit (Municipal Property)
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Property created or acquired at the expense of the local budget, as well as property transferred from state ownership and having local significance, shall constitute the property of a region, district, city or other administrative-territorial unit. Objects belonging to the exclusive ownership of the State shall not constitute municipal property.
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Article 23. Subjects of Property of an Administrative-Territorial Unit (Municipal Property)
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The population of the relevant administrative-territorial unit shall be the subject of municipal property. The exercise of ownership rights shall be carried out by the local Councils of Peopleʼs Deputies of the Republic of Uzbekistan.
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Article 26. Property of a State Institution
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1. State-owned property assigned by the owner to a state institution (organization) maintained by the state budget shall be under the operational management of that institution (organization).
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2. State institutions (organizations) maintained by the state budget, in cases provided for by the legislation of the Republic of Uzbekistan, may engage in economic activity and shall have the right to independently dispose of the income from such activity and the property acquired at the expense of such income.
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3. A state institution (organization) shall be liable for its obligations with the monetary funds at its disposal. If the funds of the state institution (organization) are insufficient, the owner of the relevant property shall bear liability for its obligations.
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CHAPTER V. MIXED PROPERTY
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Article 27. Right of Mixed Property
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Mixed forms of property shall be created by combining the material and monetary means of property owners. Ownership of mixed property may be exercised on the basis of the principle of proportional participation, as well as by distributing income among property owners according to their contributed share, and also on the basis of an agreement among the parties.
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Mixed property may exist in various forms, depending on the status of the property owners who combine their funds. The combination of property belonging to the Republic of Uzbekistan and other states, various legal entities and natural persons shall be permitted.
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Article 271. Privatization of State Property
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State real estate objects, state shares (stocks) and state institutions that are the property of the Republic of Uzbekistan or of administrative-territorial units (municipal property) may, in whole or in part, be transferred into private ownership and sold to individuals and non-state legal entities in accordance with the procedure and conditions established by the legislation on the privatisation of state property, except for state property that is not subject to privatisation under the legislation on the management of state property.
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CHAPTER. PROPERTY OF FOREIGN CITIZENS, ORGANIZATIONS AND STATES
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Article 29. Property of Foreign Citizens
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Foreign citizens shall have the right of ownership to property located in the territory of the Republic of Uzbekistan. The State shall guarantee the inviolability of such property and its free transfer to other states.
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Article 30. Property of Foreign Legal Entities
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Foreign legal entities shall have the right to own property necessary for carrying out economic activity and other activity not prohibited by the legislation of the Republic of Uzbekistan within its territory. The property of foreign legal entities shall be protected by the State. The increase of such property and its transfer to other states shall be ensured by law.
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Article 31. Property of Foreign States and International Organizations
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Foreign states and international organizations shall be entitled, in cases and according to procedures established by international treaties and legislative acts of the Republic of Uzbekistan, to own property necessary for conducting diplomatic, consular, social, cultural, charitable and other international relations in the territory of the Republic of Uzbekistan. The preservation, increase and transfer of their property to other states shall be guaranteed.
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CHAPTER VII. GUARANTEE AND PROTECTION OF PROPERTY RIGHTS
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Article 32. Guarantee of Property Rights
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1. The Republic of Uzbekistan shall guarantee the exercise of property rights and shall secure the constitutional rights of the property owner. Except in cases provided for by the legislation of the Republic of Uzbekistan, restrictions on the increase of property and its compulsory seizure shall not be permitted.
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2. The Republic of Uzbekistan shall provide equal conditions for the protection of property rights of legal entities and natural persons of both the Republic of Uzbekistan and other states.
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Article 33. Protection of Property Rights
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1. The property owner shall have the right to reclaim his or her property from unlawful possession by another person in accordance with the civil legislation of the Republic of Uzbekistan.
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2. The property owner may demand the elimination of any violation of his or her rights, even if such violations are not connected with deprivation of ownership.
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3. Protection of property rights shall be exercised by the court.
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4. The rights provided for in this Article shall also apply to persons who possess property under the right of operational management, the right of hereditary lifetime ownership, or in other cases provided for by law or contract, even if they are not the owner. Such persons shall have the right to protect their possession against the owner as well.
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Article 34. Protection of the Interests of the Owner in Case of Lawful Termination of His Right
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Termination of the rights of an owner due to a decision on the withdrawal of a land plot on which a house, other buildings, structures, or plantings are located, or due to another decision of a state body not directly aimed at withdrawal of the ownerʼs property, shall only be permitted in cases and under procedures established by the legislative acts of the Republic of Uzbekistan. In such cases, the damage caused by the termination of property rights shall be fully compensated to the owner.
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If the owner disagrees, the decision leading to the termination of ownership rights shall not be enforced until the dispute is resolved by the court. All matters relating to compensation for damages caused to the owner shall also be resolved in the course of the dispute.
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Seizure of the ownerʼs property by the State in order to recover debts may only be permitted in cases and under procedures established by the legislative acts of the Republic of Uzbekistan, and only when such recovery is directed at that property, as well as in cases of requisition and confiscation.
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In the event of natural disasters, catastrophes, epidemics, epizootics, or other extraordinary circumstances, property may be compulsorily seized from the owner for the benefit of society by decision of the state authority, under the procedure and conditions established by the legislative acts of the Republic of Uzbekistan, with compensation of its value.
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In cases provided for by the legislative acts of the Republic of Uzbekistan, property may be confiscated by decision of the court.
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Article 35. Invalidity of Documents Violating the Rights of Property Owners
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If, as a result of the adoption of a document by a state administration body or a local state authority contrary to the law, the rights of the property owner or other persons to possess, use or dispose of their property are violated, such document shall, upon the claim of the property owner or of the person whose right has been violated, be declared invalid by the court.
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The damage caused to citizens, organizations or other persons as a consequence of the issuance of such documents shall be fully compensated from the funds at the disposal of the respective authority or administrative body.
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Article 36. Liability of State Bodies for Interference with the Exercise of the Rights of the Property Owner
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State bodies shall not be entitled to impose additional obligations or restrictions not provided for in the legislative acts of the Republic of Uzbekistan upon the property owner or upon persons possessing property by virtue of the right of direct management, or on other grounds provided for by law or by contract.
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For damage caused as a result of unlawful interference by state bodies in the exercise by the property owner, as well as by the persons referred to in the first part of this Article, of their rights to possess, use and dispose of their property, such state bodies shall bear property liability in the amount provided for in Article 35 of this Law.
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President of the Republic of Uzbekistan I. KARIMOV
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Tashkent,
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October 31, 1990,
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