Constitutional-legal reforms in Uzbekistan - guarantee for inviolability of private property

In Uzbekistan more than 300 regulatory documents aimed at protecting property rights from illegal encroachments and ensuring the rights of owners have been adopted. At the same time, a number of organizational measures were implemented to improve the foundations of ensuring the privacy of private property.

First of all, the continuation of institutional and structural reforms aimed at protecting the right of private property and further strengthening its priority position was defined as one of the priority directions for the development and liberalization of the country's economy in the Strategy of actions for the five priority directions of the development of the Republic of Uzbekistan in 2017-2021;

Secondly, the legal basis for bringing the state policy to a new level in the field of private ownership and entrepreneurship development, practical support for business entities, as well as increasing the efficiency of the use of state property on the basis of privatized state property was created in our country;

Thirdly, guarantees of protection of private property and rights of owners have been strengthened, a system of organizing work to support business initiatives has been created, as well as opportunities for business entities have been expanded;

Fourthly, on the basis of the Decree of the President of the Uzbekistan dated on January 10, 2019 "On measures to fundamentally improve urbanization processes", legal entities and individuals will acquire land plots that belong to them on the basis of the rights of permanent use (ownership), lease or lifetime ownership in accordance with the law opportunities for privatization have been created;

Fifthly, on the basis of the decision of the President of the Republic of Uzbekistan dated on March 18, 2022 "On additional measures to further reduce state participation in the economy and accelerate privatization", additional conditions were created for the privatization of state-owned properties, hence, the reduction of state participation in the economy and the development of the private sector is being enabled;

Sixthly, in order to reliably protect the inviolability of property rights and achieve the goal of limiting illegal interference of state bodies in property relations defined in the Development Strategy of New Uzbekistan for 2022-2026, the measures are being taken to strengthen the guarantees of privacy and protection of private property, unconditionally ensure the rights to property, including land, establish the priority of private property as the main principle, introduce a system of protection of the rights of the person who buys property relying on the official information of the state office;

Seventhly, the right to own, use and dispose of private property or the procedures, requirements and restrictions that prevent the full implementation of market economy principles in property relations is thoroughly cancelled on the basis of the decree of the President of the Republic of Uzbekistan dated on August 24, 2022 "On measures to reliably protect the inviolability of property rights, prevent unjustified interference in property relations, and increase the level of capitalization of private property".

Information technologies are being introduced to ensure the transparency of the system as part of the reforms in this area. In particular, from January 1, 2023, the state register of rights to real estate objects and the single "UZKAD" integrated information system aimed at the registration of cadastre and real estate, where information about real estate objects is kept, the authenticity and reliability of the data are guaranteed by the state, have been launched. All other state information systems where data on real estate objects are kept are integrated into the system, real-time online exchange of information, formalization of transactions related to real estate and state registration have been introduced.

It is known from international experience that the Article 17 of the Universal Declaration of Human Rights states that "Everyone has the right to own property individually and jointly with others. No one can be deprived of his property by violence". France's 1789 "Declaration of the Rights and Liberties of Man and the Citizen" is considered the first document of constitutional importance to define the guarantees of private property, and it states that private property is a natural and inalienable, sacred and inviolable right of man. The property and inheritance rights are guaranteed, their content and limits are regulated by law in the German Constitution, the private property is inviolable, no one can be forced to give up their property, except in cases where it is required for the public good in Denmark, everyone has the right to own private property and such property cannot be unjustly seized by any party in Indonesia, and it is prohibited to abrogate the common right to private property in Georgia.

The system "person - society - state" was strengthened with constitutional foundations that provide for completely new mechanisms for the protection of human rights and freedoms as a result of the constitutional reforms initiated by the head of our state, in the new version of the Constitution of the Republic of Uzbekistan, adopted on April 30, 2023. In particular, the inviolability of private property, the fact that the owner cannot be deprived of his property except in the cases and procedures stipulated by the law and not based on the decision of the court, is guaranteed at the level of the constitutional norm. It is determined that the owner who was deprived of his home will be compensated for the value of the home and the damages he suffered in advance and in an equal amount. In addition, it is established at the constitutional level that land is private property pursuit to the second part of Article 68 of our Constitution.

It is worth noting that preventive measures are of great importance in ensuring and protecting the integrity of private property and preventing violations of the rights and interests of owners protected by law.

In this regard, it is expedient to regularly increase the legal knowledge of the population regarding property relations, to increase the legal culture of representatives of local state authorities on the provision of property rights, to form an uncompromising attitude of law enforcement agencies to the situation of property rights violations, to strengthen preventive measures in this regard, to protect the property of individuals and legal entities and it is important to strengthen their confidence in judicial protection from encroachments on their property, other rights and freedoms. After all, only the joint efforts of all state bodies to ensure constitutional legitimacy guarantee the implementation of the universal principles that human, his life, freedom, honor, dignity and other inviolable rights are the highest value in the country.

President Shavkat Mirziyoev emphasized that "we will continue our reforms that meet international standards in order to ensure guarantees of property rights of individuals and legal entities". Ensuring the inviolability of private property, protecting it from various obstacles, creating all the necessary conditions for maintaining and increasing private property, supporting owners, and further strengthening the guarantees of protecting the rights of independent ownership, use and disposal of their own property - this is remains an important criterion for the development of a legal democratic state and civil society. In this regard, the conceptual norms defined in our updated Constitution serve as a legal foundation for the gradual improvement of all spheres of social, economic, and political life.

Rustam Khatamov,

Head of the Academy of MIA of the Republic of Uzbekistan,

doctor of philosophy (PhD) in law sciences, associate professor