of July 27, 1995
The overview of court practice on some disputes connected with privatization and privatization
Presidium of the Supreme Economic Court of the Republic of Uzbekistan, having considered the Overview of court practice on the disputes connected with privatization and privatization prepared by scientific and advisory council under the Supreme Economic Court and department of instructing, generalization of court practice and codification of the legislation
1. To take the overview of court practice on the disputes connected with privatization and privatization prepared by scientific and advisory council under the Supreme Economic Court of the Republic of Uzbekistan and department of instructing, generalization of court practice and codification of the legislation into consideration.
2. Charge to department of instructing, generalization of court practice and codification of the legislation:
2.1. Distribute the above-named Overview to economic court of the Republic of Karakalpakstan, economic courts of areas;
2.2. Prepare based on the Overview information on the allowed violations by bodies of the State Property Committee revealed during consideration of the economic disputes connected with privatization and privatization and to send for data and acceptance of necessary measures to the State Property Committee of the Republic of Uzbekistan.
Supreme Economic Court
Republic of Uzbekistan
Secretary of Presidium,
judge of the Supreme Economic Court
Republic of Uzbekistan
The department of instructing, generalization of court practice and codification of the legislation of the Supreme Economic Court of the Republic of Uzbekistan together with scientific and advisory council under the Supreme Economic Court of the Republic of Uzbekistan submitted for discussion of Presidium the Overview of court practice on the disputes considered by economic courts in the first half of the year 1995, connected with privatization and privatization of objects.
During preparation of the Overview 32 cases of the above-named category considered by economic courts of the republic including 4 cases - Fergana, 5 - Namangan, 3 Samarkand, 5 - Bukhara, 3 - Kashkadarya, 3 - the Navoiy, 5 Tashkent regional courts and 3 cases - economic court of the Republic of Karakalpakstan were in total analyzed.
By results of the carried-out studying informs that regional managements of the State Property Committee of the Republic of Uzbekistan and management of the State Property Committee on the city of Tashkent allowed violations of requirements of the Law of the Republic of Uzbekistan "About privatization and privatization" and other regulations. So, there were violations in case of document creation and orders. In particular, the property right to property and objects was not established that generated disputes, not made complete description of property that promoted the facts of abuses. For example, the industrial practice plant of society of blind people with the claim to the public company "Chupon-ata", Chilanzar joint-stock company and the State Property Committee for the city of Tashkent for recognition invalid orders of N002611 of May 18, 1994 about eviction from premises of the shop leased by the public company "Chupon-ata" appealed to economic court of the Tashkent region. The economic court recognized the order illegal regarding sale of shop building on the ground that in case of document creation on privatization the State Property Committee, without having checked the property right of the company, included the building in the valuation sheet though it was constructed in 1995 at the expense of society of blind people. The plant is owner of all building, and for the purpose of providing workers-visually impaired persons with food near work and the residence handed over part of the room under shop, having signed the lease agreement that did not deprive of it the property right.
Or other example. By consideration of the claim by court by Abdulaziz private firm to the Tashkent city production association "Tashgorfoto" about eviction from the occupied room it was determined that in one building the photographer's studio and hairdressing salon was placed. The city department on the same room issues two orders - to Abdulaziz and photo salon of N36. In case there is letter of N1-626 of November 3, 1994 of Management of privatization is proud signed by the chief A.F.Fayzullayev that the Abdulaziz private firm privatized only hairdressing salon N24 Ploshchad 67,6 of sq.m. At the same time in the letter of N1-317 of March 22, 1994 signed by the same A.F.Fayzullayev it is noted that "the order of N206 of September 14, 1993 is issued on the property right to Yunusov (the owner of Abdulaziz), the claims "Tashgorfoto" regarding abnormality of carrying out privatization of the building are considered unreasonable since the building has total area of 236,2 of sq.m., according to inventory case of PZhI S-Rakhimovskogo of the district".
Similar violations are established by consideration of disputes by other economic courts of areas. So, the joint-stock company "Sogl авлод учун" to Kuvvat private firm about eviction from two rooms occupied by the defendant appealed to economic court of the Namangan region with the claim. The order of N2143 of November 22, 1994 on the property right to the building on Ulitsa U. Nasyr, 5 in Namangan formed the basis. The economic court makes the decision on refusal in eviction as in the two-storeyed building the second interhospital drugstore belonging Namangan regional ON "Pharmacy" was located at the specified address. Two rooms with a total area of 76.9 sq.m. on the first floor according to the solution of hokim of Namangan and according to the order ON "Pharmacy" of March 23 and 31, 1994 are transferred to shop of sanitary hygiene N5. This shop on the property rights was drawn up on Yusupov Yu. (the director of Kuvat private firm), the order of N2112 of October 28, 1994, i.e. was issued to it earlier, than the order is issued to joint-stock company. From this it follows that the State Property Committee, without having checked availability of the second owner, issued the warrant for the property right to all building to joint-stock company.
In the Fergana region the economic court considers the claim of the Fergana regional directorate of objects under construction of national education to the Fergana regional management of the State Property Committee about recognition invalid orders of N3886 of July 1, 1994. The order is nullified by the judgment.
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