of November 19, 1991 No. 427-XII
About lease
Lease represents the urgent paid ownership based on the agreement and use of the earth, other natural resources, and also the property necessary for the lessee for independent implementation of economic and other activity.
Lease can be applied in all fields of activity to property of all forms and types of property which are not forbidden by legal acts of the Republic of Uzbekistan.
The rent relations are governed by this Law and other acts of the legislation of the Republic of Uzbekistan.
Can be objects of the rent relations:
companies, separate productions, shops, farms, other divisions, organizations;
certain buildings, constructions, equipment, vehicles, stock, tool, other material values;
the earth (the earth of agricultural purpose are leased only for production of agricultural products) and other natural resources.
Legal acts of the Republic of Uzbekistan establish types (groups) of the companies, organizations, types of property and natural resources which delivery in lease is not allowed.
Subjects of the rent relations are the lessor and the lessee.
Lessor which possesses the right of leasing is the owner of property or the body authorized by it, including foreign legal entities and physical persons. Legal entities and physical persons, including joint businesses, international associations and the organizations, with participation of the Soviet and foreign legal entities, and also foreign states, the international organizations can be lessees.
Participation of foreign legal entities and physical persons in lease of state-owned property is regulated by the legislation of the Republic of Uzbekistan.
The basis of emergence of the rent relations is the lease agreement which consists on the basis of voluntariness and complete equality of participants for certain term. At the same time lease of land for agricultural use, other natural resources shall have long-term character - at least 5 years.
The lease agreement can be signed on competitive basis. Are provided in the lease agreement:
structure and property value, transferred lease, procedure for its transfer;
lease terms;
conditions and amount of the rent, terms of its introduction;
condition of property in which the lessor shall present him to the lessee;
conditions of use of property by the lessee;
condition and procedure for return of property to the lessor after termination of the contract;
obligations of the Parties on recovery and repair of leased property;
conditions of further accessory of property after its complete depreciation;
conditions, procedure and terms of the redemption of leased property if it is transferred with the subsequent redemption;
conditions, procedure and possibility of delivery of leased property in the sublease;
amount of information and terms of its representation to the lessor;
responsibility of the parties.
The land lease agreement and other natural resources joins also the provisions providing obligations of the lessee on rational use of natural object according to its purpose.
In the lease agreement the objects of property of the lessor relating to the non-productive sphere and their cost are separately allocated, obligations of the parties concerning these objects (their preserving and content) are specified.
The lease agreement can join also other conditions.
The cost of the state-owned property leased is determined according to the legislation of the Republic of Uzbekistan.
The cost of the non-state property leased is determined by the owner.
The lessor shall lease property to the lessee in the condition corresponding to purpose of property or provided by the agreement.
The lessor is responsible for shortcomings including for not revealed, in case of the conclusion of the agreement of the leased property, interfering use of it.
If the lessor timely did not give the leased property to use to the lessee, the lessee has the right to request it from this property and to demand the indemnification caused by execution delay or to refuse the agreement and to claim the damages caused to it by non-execution of the agreement.
The lessee has the right to hand over leased property with the permission of the lessor in the sublease, except for lands and other natural resources if the legislation of the Republic of Uzbekistan and the lease agreement do not provide other. At the same time responsible for the agreement before the lessor is lessee.
Property leasing does not attract transfer of property on this property. Products made with use of leased property and income gained at the same time, and also the property acquired by profit (income) received from leased property belong to the lessee if the legislation of the Republic of Uzbekistan does not provide other.
The right of the lessee to build at the expense of own and borrowed funds on the leased parcel of land necessary rooms of production and non-productive appointment, including housing, with observance of general rules of building, shall be provided in the agreement. At the same time accessory of these buildings and constructions after cancellation of the lease agreement shall be stipulated.
The buildings built at the expense of the lessee with the permission of the lessor in the leased territory and constructions which cannot be moved belong to the lessor if the agreement does not provide other. After the term of the agreement or in case of termination his lessee has the right to compensation by the lessor of their cost.
The buildings built at the expense of the lessee without the permission of the lessor in the leased territory and constructions which cannot be moved belong to the lessor. If the lessor demands their demolition, the lessee shall bear them at own expense or refund the expenses connected with their demolition.
In the property which is in property of the rent company, on conditions and according to the procedure, provided by its charter, the sizes of deposits of members of its labor collective to creation of this property through their personal labor participation, and also money and other property contributions are determined.
On the cost of contribution of the member of labor collective to property of the rent company according to its charter securities can be issued. On the specified securities dividends in the sizes determined by labor collective proceeding from resulting effects of production and tasks of development of the company are paid. The actual cost of securities is paid to holders in the cases provided by the charter of the company.
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