2.1 Introduction
Since the beginning of his presidential tenure in 2016, Shavkat Mirziyoyev has
initiated an ambitious plan to modernise the administrative and commercial
infrastructure of Uzbekistan, in order to generate economic growth through
expanded private sector activity. The specific political vision of the Mirziyoyev
government has been badged ‘New Uzbekistan’, a term designed to distinguish
its governance approach from the rule of its predecessor, the Karimov regime.
This political strategy articulates the government’s ambition to turn Uzbekistan
into a thriving and open economic centre in Central Asia, one typified by
entrepreneurialism, cosmopolitanism and innovation.7 It has also involved
an explicit commitment to the professionalisation of the public service,
streamlining bureaucratic processes, upholding the rule of law and property
protections, and the rooting out of corruption at an administrative level.
To implement this programme of economic transformation, one asset class
in particular has been critical and especially contentious: landed property,
also known as ‘real property’. Real property references property rights over
land and built developments that are stationed on the land. In order to
rapidly construct residential, commercial, touristic, industrial and agricultural
infrastructure that can cement the president’s vision, there has been a largescale transfer of real property over the past eight years from urban residents
and farmers to private corporate developers.
In principle, there is nothing improper about the transfer of real property
from owners to private developers, providing it is a voluntary transaction
entered into through a free market mechanism and safeguarding other human
rights. In this regard, Uzbekistan has constitutional and legal protections to
ensure real property owners enjoy secure title. Compulsory acquisition of real
property can take place in Uzbekistan, but only in a strictly enumerated set
of circumstances, with added legal stipulations designed to ensure property
owners are compensated for any loss. Compulsory acquisition denotes a
process whereby the state seizes private property without requiring the
consent of property owners.
In the next section, the constitutional, legal and regulatory framework
governing real property rights in Uzbekistan and compulsory acquisition will
be presented. This summary was produced during March–April 2023 and
reflects the law and decrees applicable at the time. In section 2.3, five case
studies will be presented that illustrate how these rights are violated by the state,
the enabling role played by the courts and the significant impact on victims.
10 A False Sense of Legality