PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of August 24, 2022 No. UP-198

About measures for reliable protection of immunity of the property right, non-admission of unreasonable intervention in the property relations, increase in level of capitalization of private property

For the purpose of creation of reliable protection of the property rights determined within open dialogue of the President of the Republic of Uzbekistan with entrepreneurs who took place on August 22, 2022, ensuring accomplishment of tasks on elimination of the reasons limiting these rights and also according to the Strategy of development for New Uzbekistan for 2022 - 2026:

1. Cancel since September 1, 2022 the following procedures, requirements and restrictions providing the direct or indirect restriction of right of possession, use and the order with private property interfering complete implementation of the principles of market economy in the property relations:

a) in the sphere of use of the right to the parcels of land:

the termination of the right to the parcel of land by cancellation of the acts which were the basis for emergence of the right to the parcel of land including acts of the Cabinet of Ministers, public authorities on places the same or higher bodies and officials, in particular based on the prosecutor's protest, except as specified cancellations or recognitions invalid these acts court;

registration of the termination of the right to the parcel of land in case of voluntary refusal of it the decision of the Cabinet of Ministers, public authorities on places. At the same time availability of notarially certified statement for voluntary refusal of the parcel of land is the basis for the termination of the rights to this parcel of land;

the termination of the right to the parcel of land in connection with liquidation of the legal entity (except for lands of agricultural purpose). At the same time these rights are transferred to founders (participants) of the legal entity in proportion to their share (contribution) in the legal entity if other is not stipulated by the legislation, by constituent documents or the agreement between founders;

provision in property of other real estate unit which is in state-owned property as compensation in case of seizure of land for social needs, except for the residential objects which are in the apartment house;

b) in the sphere of realization of property rights on premises:

receipt of consent to cancellation of permanent registration in premises at persons which do not have property rights on it or family relations with the owner of these premises, except as specified the conclusions of other arrangement between the parties;

reclamation in premises nature at the physical person recognized by court the fair acquirer if from the date of state registration of the property right to these premises on his name there passed three years;

c) in the sphere of use of buildings and constructions, the vehicles belonging to physical persons and legal entities on the basis of the property right - the termination of the rights by cancellation of the administrative acts which were the basis for emergence of property rights, either the higher administrative authorities or officials which accepted them, in particular based on the prosecutor's protest, except as specified cancellations or recognitions invalid these acts court;

d) in the sphere of the corporate relations:

practice of adoption by state bodies of regulatory legal acts or other form of the administrative acts providing the order property of the companies with the state participation. At the same time the state bodies owning the state share (shares) in authorized capital (capital) of economic society can approve with higher state body decision making (vote) as the participant (shareholder) in writing;

to the practician of the order the pledged share (contribution) in authorized fund (capital) of the legal entity without the consent of the pledger. At the same time non receipt of such consent is the basis for refusal in state registration of the changes made to constituent documents, except as specified, provided by the law.

2. Determine since January 1, 2023 the Integration information system of the inventory and registration (further - the UZKAD system) unified information system by maintaining the state register of the rights to real estate units and data on them which authenticity and reliability is guaranteed by the state.

At the same time:

integration into the UZKAD system of the Mortgage register, the Automated information system "Notary", the Unified register of addresses of real estate units, the Unified state register of subjects of entrepreneurship, the Unified register of taxpayers of the Republic of Uzbekistan, the information system "Davlat of Mulka", the Register of non-state non-profit organizations and their divisions, registers of licenses, documents of allowing nature and notifications, all other state information systems on maintaining data on real estate units is carried out, and also online data exchange in real time takes root;

in case of identification in the course of online data exchange of registration of the right to the real estate unit in paper form or in other information system, and also absence for this reason of data on registration of this right in the UZKAD system registration of the right to the real estate unit in the UZKAD system and submission of the relevant data are performed within three days without collection of payment and reclamation of the statement;

registration and state registration of the transactions connected with real estate are performed on the basis of data of the UZKAD system, reclamation of other data on real estate which are not placed in the specified system is not allowed, at the same time reliability of the provided data is guaranteed by the state, except as specified, provided by the law;

during the calculating of taxes, registration of notarial actions, rendering the state, banking, municipal, insurance and other mass services to physical persons and legal entities all data on real estate turn out the relevant state bodies and the serving persons from the UZKAD system;

the records entered in the State register of the rights to real estate units and information on "property history" on real estate units are open for physical persons and legal entities, access to them is provided by means of the Single portal of interactive state services on paid basis, except for the data which are the state secret, and also provided by the Law of the Republic of Uzbekistan "About personal data".

To the agency according to the inventory under the State Tax Committee to place in full in the UZKAD system of the data on the rights to real estate units which underwent state registration in paper form or in other information systems with step-by-step identification of each real estate unit.

3. Rename:

Centralized fund for indemnification to physical persons and legal entities in connection with withdrawal of the parcels of land at them for social needs under the Cabinet of Ministers of the Republic of Uzbekistan in the Republican trust fund on compensation of the property harm done to physical persons and legal entities under the Cabinet of Ministers of the Republic of Uzbekistan (further - republican compensatory fund);

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