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LAW OF THE REPUBLIC OF UZBEKISTAN

of December 27, 2010 No. ZRU-276

About burial and funeral case

Accepted by Legislative house on November 18, 2010

Approved by the Senate on December 3, 2010

(as amended on 29-10-2021)

Chapter 1. General provisions

Article 1. Purpose and main objectives of this Law

The purpose of this Law is regulation of the relations in the field of burial and funeral case.

The main objectives of this Law are:

establishment of guarantees of burial of the dead taking into account declaration of will of person about the worthy relation to his body (remains) after death (daleevoleizjyavleniye of the dead);

establishment of guarantees of provision of benefit for burial and rendering financial and other support;

ensuring accomplishment of environmental standards, sanitary, town-planning and other standards and rules in case of the choice and content of places of burial;

determination of bases of the organization of funeral case.

Article 2. Legislation on burial and funeral case

The legislation on burial and funeral case consists of this Law and other acts of the legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which are stipulated by the legislation the Republic of Uzbekistan about burial and funeral case then are applied rules of the international treaty.

Article 3. Burial

Burial is ceremonial action for burial of body (remains) of the dead taking into account its declaration of will according to the customs and traditions which are not contradicting sanitary and other standards and rules.

Burial is performed by burial of body (remains) of the dead to the earth (in grave or crypt).

Burial can be performed also by different ways according to the legislation.

Article 4. Places of burial

Places of burial are the parcels of land which are taken away according to environmental standards, sanitary, town-planning and other standards and rules for the device of graves, crypts, and also other buildings and constructions intended for burial implementation. Places of burial can belong to objects of material cultural heritage.

Places of burial are under direct authority of public authorities of the area, city.

Creation new and reconstruction of the operating places of burial are performed in the presence of the conclusion of environmental assessment and the sanitary and hygienic conclusion taking into account offers of self-government institutions of citizens and the religious organizations according to the procedure, established by the legislation.

Places of burial are not subject to demolition and can be transferred in accordance with the established procedure only according to the decision of public authorities of the area, city in case of threat of permanent flooding, landslides and other natural disasters.

Use of the territories where earlier places of burial were located, is allowed after twenty years from the moment of their transfer. In this case these territories can be used only under landing of decorative green plantings. The construction of buildings and constructions in these territories is forbidden.

On places of burial ritual and prayful constructions according to the procedure, determined by the Cabinet of Ministers of the Republic of Uzbekistan can be built.

Installation of gravestones can be performed according to the procedure, determined by the legislation.

Article 5. Declaration of will of the dead

Declaration of will of the dead - the wish expressed in oral (in the presence of witnesses) or written form, about consent or disagreement to be subjected to pathoanatomical opening, about consent or disagreement to removal of organs and (or) fabrics from his body (remains), to be buried in that or other place, on these or those customs and traditions, near these or those earlier died persons, on trust to perform the declaration of will to that or other person.

Actions on the worthy relation to body (remains) of the dead shall be performed in full accordance with its declaration of will if there were no circumstances under which execution of declaration of will is impossible, or other is not established by the legislation.

In case of lack of declaration of will of the dead the spouse (spouse), parents, children and other relatives or the legal representative of the dead have the right to permission of the actions specified in part one of this Article, and in the absence of those - the other person who undertook obligation to perform burial.

Article 6. Contractors of declaration of will of the dead

Contractors of declaration of will of the dead are persons specified in it.

In case of absence in declaration of will of the dead of specifying on contractors or in case of their refusal of execution of declaration of will of the dead it is performed by the spouse (spouse), parents, children and other relatives or the legal representative of the dead, and also can be performed by the other person who undertook obligation to perform burial.

Chapter 2. Burial implementation guarantees

Article 7. Execution of declaration of will of the dead

In the territory of the Republic of Uzbekistan burial of body (remains) according to this Law taking into account declaration of will of the dead and free provision of the place for burial is guaranteed to each person after his death.

Execution of declaration of will of the dead about burial of his body (remains) near earlier died is provided in the presence of empty seat for burial or grave of earlier died close relative.

Execution of declaration of will of the dead about burial of his body (remains) in case of death in other settlement or in the territory of foreign state is guaranteed regarding assistance to person who undertook obligation to perform burial and to pay the expenses connected with burial, in the obtaining according to the procedure established by the legislation, certificates (certificate) of death, authorities for the move of body (remains) of the dead, travel documents including documents for crossing of Frontier of the Republic of Uzbekistan.

Public authorities on places, and also other legal entities rendering necessary services in such cases by the nature of the activities shall render the specified assistance.

Article 8. Guarantees when implementing burial

To the spouse (spouse), parents, children and other relatives or the legal representative of the dead, and in the absence of those - to the other person who undertook obligation to perform burial, it is guaranteed:

immediate issue of the documents necessary for burial of the dead, from the moment of establishment of cause of death. In cases if for establishment of cause of death there were bases for the room of body (remains) of the dead in morgue, issue of body (remains) of the dead upon the demand of the spouse (spouse), parents, children and other relatives or the legal representative of the dead, and in the absence of those - the other person who undertook obligation to perform burial, cannot be detained for the term of more than one days;

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