of February 3, 2006 No. 3
About some questions arising in court practice in connection with application of the Land code
The main objectives of the land legislation as it is determined by the Land code of the Republic of Uzbekistan, consist in regulation of land relations for the purpose of providing for the benefit of these and future generations of evidence-based, rational use and protection of lands, reproduction and increase in fertility of soils, preserving and improvement of the environment, creation of conditions for equal development of all forms of managing, protection of the rights of legal entities and physical persons to the parcels of land, and also strengthening of legality in this sphere.
Generalization of practice of consideration by courts of cases on land disputes showed that courts generally correctly apply regulations of the Land code of the Republic of Uzbekistan. At the same time mistakes in case of cognizance determination are in some cases made, in case of the dispute resolution about the right to the parcel of land and its termination, determination of procedure for use of the parcel of land.
For the purpose of elimination of the shortcomings stated above, and also ensuring the correct application by courts of provisions of the Land code of the Republic of Uzbekistan in case of permission of land disputes, being guided by article 17 of the Law "About Courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:
1. Draw the attention of courts that the correct permission of the cases connected using the Land code of the Republic of Uzbekistan is important for protection of the rights and the interests of legal entities and physical persons protected by the law.
2. Subland legal relationship it is necessary to understand the legal relationship on use and protection of the earth connected with management of land resources, provision of the parcels of land to legal entities and physical persons, implementation and protection of right of possession and use of the parcels of land and other corporeal rights.
3. Draw the attention of courts that claims to the decisions and actions (failure to act) of state bodies, administrative authorities and their officials violating the rights of citizens in the field of land legal relationship are subordinated to administrative courts.
6. According to the procedure of claim production the next disputes following from land legal relationship are considered:
about recognition invalid acts of the competent authorities of withdrawal of the parcel of land and collection caused with respect thereto losses;
about claiming damages in connection with withdrawal, the redemption of the parcel of land for the state or social needs;
about withdrawal of the parcel of land used not for designated purpose or with violation of the land legislation;
about establishment or the termination of the servitude;
about elimination of the violations which are not connected with right to use or ownerships of the parcel of land;
about determination of procedure for use and the Section of the parcel of land of joint tenancy or use;
about withdrawal of the parcel of land from others adverse possession;
about the termination of the rights to the parcels of land;
about indemnification to owners, users, lessees and owners of the parcels of land in the cases provided by Articles 86 and 87 of the Land code of the Republic of Uzbekistan;
connected with lease agreements of the parcel of land and others.
7. Ceased to be valid.
8. 8. In stage of preparation for legal proceedings of cases on land disputes, the judge according to Articles 201, 204 GPK, shall request the necessary documents relating to matter in issue, to determine the group of people, subject to attraction to participation in case.
9. The parties on the cases connected with ownership and use of legal entities and physical persons of the parcel of land shall submit to court documents on the right to the parcel of land.
The document certifying the right to the parcel of land is the certificate on state registration of the right to the parcel of land.
the documents specified in appendix N1 to the Instruction "About procedure for state registration of the rights to the parcels of land in the Republic of Uzbekistan", the Republic of Uzbekistan registered by the Ministry of Justice on May 27, 1999.
10. Courts should mean that according to requirements of part 5 of Article 10 and Article 21 of the Land code of the Republic of Uzbekistan, in case of impossibility of the Section of the parcel of land, he is recognized the parcel of land of joint tenancy or use of several legal entities and physical person that he is reflected in the state register of the rights to the real estate and transactions with them.
11. In case of the dispute resolution about the Section and determination of procedure for use of the parcel of land of joint tenancy or use, and also delimitation of the parcel of land, the court, according to part four of Article 22 of the Land code of the Republic of Uzbekistan, shall proceed from the conclusion of the state land cadastre or land examination about possibility of the Section of the parcel of land or determination of procedure for use is pro rata to shares. In the absence of possibility of differentiation of the parcel of land of joint tenancy or use it is pro rata to the shares in the property right to housing construction belonging to the parties, the court proceeds from the developed procedure for use of the parcel of land.
Owing to requirements of part 4 of Article 62 of the Land code of the Republic of Uzbekistan, the Section of the parcel of land in case of which this or that part of the site or the structure which is on it lose public service (lighting, the sewerage, the pipeline, irrigating devices, etc.), and their owners or users - independent pass or journey is not allowed.
12. In case of the dispute resolution about right of possession or determination of procedure for use of the parcel of land of joint tenancy or the use which arose after the procedure for use of the parcel of land was determined between co-owners earlier courts should mean that:
increase by one of co-owners of the share in common property at the apartment house by extension, superstructure or reorganization in itself is not the basis for change of the sizes of the parcel of land of joint tenancy or use;
in case of alienation of part of the apartment house by one of owners to another, including, transition of its part as a result of inheritance, donation and otherwise, the procedure for use can be determined again if at the same time the rights of other co-owners are not infringed;
if one of owners of the apartment house made alienation of the part of structure belonging to it for benefit of the third party, then earlier established procedure of use of the parcel of land will be obligatory also for the new owner.
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