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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of September 24, 2004 No. 14

About court practice on the disputes connected with the property right to the apartment house of individual construction

(as amended on 20-04-2021)

According to Art. 53 of the Constitution of the Republic of Uzbekistan the private property is inviolable and is protected by the state.

Individual housing construction serves satisfaction of need of citizens for housing, and the state in every possible way helps individual construction of houses by withdrawal of the parcels of land, provision of loans and the credits.

The correct application of the legislation by consideration by courts of cases on disputes on the property right to the apartment house is important in ensuring protection of constitutional right of citizens on private property.

Generalization of court practice on this category of cases showed that cases are permitted by courts generally correctly. At the same time, courts make mistakes in case of the dispute resolution about share apportionment (the Section of houses), about the determination of procedure for use and other disputes connected with the property right to the apartment house. By preparation of cases for legal proceedings the relevant documents are not always requested, construction technical expertize is not appointed in necessary cases.

For the purpose of elimination of noted shortcomings and ensuring the correct application of the legislation in case of permission courts of the specified cases, according to article 17 of the Law of the Republic of Uzbekistan "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 cases on the disputes connected with the property right to the apartment house is important in ensuring strict observance of established procedure of individual construction, protection of interests and the rights of citizens.

2. It must be kept in mind that the disputes connected with the property right to the apartment house, in particular are subordinated to courts:

a) about recognition of the property right to the apartment house or its part (share);

b) about share apportionment from the apartment house (the Section of the house) belonging on the right of common ownership to several persons or on the right of common joint property to spouses;

c) about superstructure, extension or reorganization of the apartment house and subsidiary structures if there is permission of khokimiyat, but other participants of common ownership object to it;

d) about determination of procedure for use of the apartment house;

e) about change of the size of shares of the apartment house which is in common ownership;

e) about the right of preferential purchase of share in common ownership to the apartment house;

g) about recognition invalid purchase and sale agreements, exchange, donation of the apartment house, etc.;

h) about recognition of the property right to the apartment house which is unauthorized construction in the cases provided by the law.

3. Claims for recognition of the property right to the unauthorized construction built on the parcel of land which is taken away in accordance with the established procedure, including, connected with its purchase and sale, donation, exchange, inheritance, and also the Section are not subordinated to courts irrespective of whether they are shown by person which performed unauthorized construction or other interested person.

In case of presentation of such claims the court refuses adoption of the statement based on Item of 1 part one of Article 194 of the Code of civil procedure of the Republic of Uzbekistan (further – the GPK), in case of excitement of civil case, stops proceeedings based on Item 1 of Article 124 GPK with explanation to person which imposed such requirement, the right of the appeal to the relevant state body.

At the same time, it must be kept in mind that the law does not exclude consideration by courts of the claim of person who self-willedally built the apartment house and other interested person, under condition if the requirement is not connected with the property right, in particular, about recognition of the right to construction materials, about installation, about determination of procedure for use of the apartment house.

4. For the purpose of ensuring bystry and correct permission of cases on the disputes connected with the property right to the apartment house, to courts in the course of preparation of cases for legal proceedings, it is necessary to specify subject and the basis of the claim, to determine nature of disputable legal relationship and the law which is subject to application to disputable legal relationship.

The court shall suggest the parties to provide or request on the initiative the necessary proofs confirming the property right to the apartment house (state registration of the property right to the built apartment house, the purchase and sale agreement, donations, etc.), the plan of the house and the parcel of land. According to the item 7 parts one of Article 204 GPK in case of need, for permission of the questions concerning share apportionment from the apartment house (the Section of the house), its reorganization, etc., court taking into account opinion of the parties, resolve question of purpose of construction technical expertize and involvement of the specialist.

To participation in case on disputes on the property right to the apartment house, in necessary cases, according to Article 49 GPK shall be attracted as the third party who is not declaring independent requirements, khokimiyat.

5. Courts should mean that the property right to again built apartment house on the parcel of land which is taken away in accordance with the established procedure, arises according to Art. 210 of group of companies, from the moment of state registration.

Before the termination of construction and state registration the apartment house cannot be aloof to other person without the permission of regional authorities.

The court has the right to make the Section unfinished construction of the apartment house in the claim of the spouses, members of the family of the builder jointly building the apartment house and also heirs if, considering degree of its readiness, it is possible to determine separate, subject to apportionment, part with the subsequent technical capability of finishing construction of the house by up to the end specified persons.

In case of impossibility of the Section unfinished construction of the apartment house the court can recognize the right to construction materials and structural elements of the house for specified persons.

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