PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of July 28, 2023 No. UP-119

About social support of the population of the Republic of Karakalpakstan and recognition of the rights to housing built by physical persons

According to article 47 of the Constitution of the Republic of Uzbekistan for the purpose of creation of conditions for realization of the rights to housing of inhabitants of the Republic of Karakalpakstan, social support of the population by recognition of the rights to the real estate units built by physical persons:

1. Take into consideration that in the territory of the Republic of Karakalpakstan:

according to the resolution of the Cabinet of Ministers of the Republic of Uzbekistan of August 3, 2016 No. 251 "About carrying out continuous inventory count of the real estate units belonging to physical persons and legal entities during 2016-2017" acknowledged the rights to 71 987 premises without documents of title;

according to the Presidential decree of the Republic of Uzbekistan of April 20, 2018 No. UP-5421 "About Additional Measures for Social Support of Citizens and Carrying Out the Single Nation-wide Action for Recognition of the Property Right to Self-willedally Built Premises" are acknowledged the rights to 50 361 premises without documents of title;

according to Council of Ministers of the Republic of Karakalpakstan, 43 432 premises, the right to which is not recognized within above-stated the resolution and the Decree, are had in addition.

2. Support the offer of the Jokargi Kenes of the Republic of Karakalpakstan on recognition in the territory of the Republic of Karakalpakstan of the right of lease to the parcel of land on which housing of citizens built without documents of title, the property right to the buildings and constructions located on it is located. At the same time to take into account that:

a) for recognition of the right of lease to the parcel of land and the property right to buildings and constructions:

the citizen shall use this housing as own - it is fair, open and continuous since the period till May 1, 2018 that shall be confirmed with processing of space pictures, and also payment of the land tax and property tax for the last five years;

recognition of the right shall not violate the rights and interests of other persons protected by the law;

the parcel of land shall not be empty, housing built on it shall be intended for accommodation and not create threat of life and to health of citizens;

the parcel of land shall not belong to the category of the irrigated lands, the protected natural territories, lands of historical and cultural value, lands intended for communication, the transport and defensive purposes, the lands polluted by chemical or radioactive materials shall not be located in sanitary protection zones of water objects, in zones of forming of surface and underground water;

b) the lease rights to the parcels of land occupied till April 30, 1998 shall be recognized in the amount of - to 0,24 of hectare, for the lands occupied from May 1, 1998 to May 1, 2018 - to 0,06 of hectare;

c) the conclusion of the lease agreement of the parcel of land between homeowners and hokimy the area (city) is not required;

d) the parcels of land which are not falling under action of this Item or exceeding certain size return to reserve, their provision (realization) is performed according to the procedure, established by the Land code.

3. Determine that recognition of the rights according to this Decree is drawn up by the resolution of the Jokargi Kenes of the Republic of Karakalpakstan according to the list of premises approved by decisions district (city) Kengasha of People's Deputies. At the same time:

in case of dispute between applicants and (or) owners of the adjacent parcels of land decisions district (city) Kengasha of People's Deputies are made after the dispute resolution;

acceptance deadline district (city) Kengashami of People's Deputies of decisions based on this Item and introduction of changes in them and amendments - on August 1, 2024;

decisions district (city) Kengasha of People's Deputies and the Jokargi Kenes of the Republic of Karakalpakstan, provided by this Item, are accepted after conducting legal examination in relevant organ of justice and become effective after official publication.

4. Following to provide to Council of Ministers of the Republic of Karakalpakstan:

To the agency according to the inventory - in week time the list of the premises included in its electronic database by areas and the cities;

To the Uzbekkosmos agency - according to the schedule approved with Council of Ministers of the Republic of Karakalpakstan the data obtained as a result of processing of space pictures of the territories on condition till May 1, 2018;

To the Tax Committee - in two-month time data on premises for which the land tax and the property tax for the last five years, from among the premises included in the electronic database of the Agency on the inventory was paid;

to the ministries, departments and the organizations responsible for maintaining the state inventories, - in two-month time information on the premises which are in the territory assigned to them which are not subject to recognition of the property right according to the subitem "an" of Item 2 of this Decree.

5. Provide to the Jokargi Kenes of the Republic of Karakalpakstan of power by determination of organizational actions for implementation of this Decree, including:

to creation of working groups on the Republic of Karakalpakstan, areas and cities;

to introduction of the onetime charge for recognition of the right, to determination of referrals of expenditure of the means got from it;

to the direction of means from the republican budget of the Republic of Karakalpakstan, budgets of areas and the cities, and also the onetime charges, on selling expenses of this Decree, in particular, on assistance to the citizens registered in the information system "Unified Register of Social Protection", processing of space pictures.

6. To Council of Ministers of the Republic of Karakalpakstan till August 1, 2024 by results of implementation of this Decree in accordance with the established procedure to make offers on transfer of category of land fund of not irrigated lands of agricultural purpose and lands of forest fund to category of lands of settlements (the cities, settlements and rural settlements).

7. To the Prosecutor General's Office to establish close supervision behind law enforcement in the organization of execution of the Decree.

8. Assign to the Chairman of the board of Ministers of the Republic of Karakalpakstan F. U. Ermanov the personal responsibility for the effective organization of execution of this Decree.

9. To impose control of execution of this Decree on the Prime Minister of the Republic of Uzbekistan A. N. Aripov.

To inform the President of the Republic of Uzbekistan till September 1, 2024 on the done work.

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