of January 21, 2006 No. 8
About approval of the Regulations on procedure for identification, accounting and the address to state-owned property of ownerless premises
According to the Civil code of the Republic of Uzbekistan and in pursuance of the Resolution of the President of the Republic of Uzbekistan of February 11, 2005 "About measures for non-admission of unreasonable growth of rates and increase in responsibility of consumers for timely and complete calculations for utilities" the Cabinet of Ministers decides No. PP-5:
1. Approve Regulations on procedure for identification, accounting and the address to state-owned property of ownerless premises according to appendix.
2. To provide to the Ministry of Justice, the Ministry of Economics, the State Property Committee of the Republic of Uzbekistan together with the interested ministries and departments in two-month time reduction of departmental regulatory legal acts in compliance with this resolution.
3. To impose control over the implementation of this resolution on the Deputy prime minister of the Republic of Uzbekistan Hanov N. M.
Prime Minister of the Republic of Uzbekistan
to the Resolution of the Cabinet of Ministers of the Republic of Uzbekistan of January 21, 2006 No. 8
1. This Provision according to Article 191 of the Civil code of the Republic of Uzbekistan establishes procedure for identification, accounting and address to state-owned property of ownerless premises, and also interactions of public authorities on places, self-government institutions of citizens, partnerships of private homeowners and other organizations for identification of such rooms and their address to state-owned property.
2. Ownerless premises the room which has no owner is recognized or the owner of which is not known.
The premises recognized ownerless according to this Provision based on the judgment address to state-owned property.
3. For the purpose of recognition of premises ownerless and its addresses to state-owned property the fact of absence of the owner of premises or the fact that the owner is not known is established in the following procedure:
in case of identification of the premises having signs of ownerless measures for establishment of the location of the owner of these premises or its authorized representative are taken. The circumstances specified in item 4 of this provision can be signs of the fact that the premises are ownerless;
if as a result of the taken measures the location of the owner or his authorized representative, based on the statement of khokimiyats of the cities (areas) was not identified, the premises are registered in relevant organs of state registration of the rights to the real estate and transactions with it.
4. For the purposes of this provision and subject to registration the premises which throughout long time (more than 6 months) are empty can be ownerless, that is absence of the residents living in this room on legal causes therefore is established:
a) debt on payment of utilities and expenses on content of housing for this period is had. The specified circumstances, regarding absence of residents, are confirmed by relevant organ of self-government of citizens, and regarding availability of debt on payment of utilities and expenses on content of housing - partnership of private homeowners and the companies suppliers of utilities;
b) its safety and content are not ensured owing to what destruction of premises and infringement of it from the third parties are allowed. This circumstance is confirmed by the joint act of self-government institutions of citizens and partnerships of private homeowners with the assistance of the inspector of prevention of law-enforcement bodies.
These circumstances can be acknowledged sufficient for registration of ownerless premises in total with each other or separately.
5. Functions on work, the ownerless premises connected with identification, are assigned to the commissions on monitoring of content of housing stock (further - the Commission) created in the cities (areas) according to the Resolution of the President of the Republic of Uzbekistan of February 10, 2005 No. PP-3 "About additional measures for enhancement of activities of partnerships of private homeowners".
The Commissions are included representatives of cadastral, Tax, financial services, bodies of architectural and construction supervision, internal affairs, self-government of citizens, associations of partnerships of private homeowners. The staff of the commissions affirms hokimy the respective city (area).
The commission is headed by the deputy of hokim supervising questions of housing and communal services.
6. The commissions according to the tasks assigned to them perform the following functions:
carry out inventory count of premises based on information of self-government institutions of citizens, partnerships of private homeowners, other organizations, the companies suppliers of utilities and the interested legal entities and physical persons;
establish origins of ownerless premises and request in law-enforcement bodies, territorial authorities of the Agency on management of the state assets of the Republic of Uzbekistan, Goskomzemgeodezkadastra and other organizations of the data, necessary for refining of such premises this about owners and the characteristic of the surveyed premises;
based on the received data create materials (documents) for the revealed ownerless premises and transfer them to the relevant khokimiyat for decision making and registration in bodies of state registration of the rights to the real estate and transactions with it;
based on the judgments and public authorities on places carry out monitoring of timely execution of the made decisions on ownerless premises.
7. Bodies of state registration of the rights to the real estate and transactions with it at the request of the Commission according to data of the register book of buildings and constructions submit the information about owners of ownerless premises and other data on accessory and inventory assessment of premises within two weeks at the moment.
In case of lack of data on the revealed ownerless premises bodies of state registration of the rights to the real estate and transactions with it, together with representatives of law-enforcement bodies, self-government institutions of citizens and partnerships of private homeowners take measures for establishment of accessory, the main characteristics and estimated estimated value of such premises.
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