2.2 Real property rights in Uzbekistan Property rights in Uzbekistan are enshrined both in the constitution and in national legislation. Article 65 of the Constitution of the Republic of Uzbekistan states: ‘Private property, along with other types of property, shall be inviolable and protected by the state. An owner may be deprived of his property solely in the cases and procedure stipulated by law.’8 Additional legislative protections are in place for private property rights. Article 2 of the Law on Protection of Private Property and Guarantees of Owners’ Rights states: ‘The right of private property is the right of a person to own, use and dispose of property acquired by him in accordance with the law... Private property is inviolable and protected by the state. The state creates all the necessary conditions to ensure the safety of private property and its increase… The owner may be deprived of his property only in cases and in the manner prescribed by law.’9 Article 21 adds: ‘The owner may demand the elimination of any violations of his rights, although these violations were not related to deprivation of possession. State bodies are obliged to assist the owner in exercising this right.’10 The Law on Property reiterates the above protection, stating: ‘Private property, along with other forms of property, is inviolable and protected by the state. The owner may be deprived of it only in cases and in the manner prescribed by law.’11 Housing is protected by further specific legal protections stipulated in article 11 of the Housing Code, which declares: ‘Dwelling houses, apartments that are in private ownership cannot be withdrawn, the owner cannot be deprived of the right of ownership to a residential building, apartment, except in cases established by law. Compulsory withdrawal of a dwelling is allowed only on the basis of a court decision in the cases and in the manner prescribed by law.’12 Two observations can be made with regard to these legal and constitutional protections. First, private property rights in Uzbekistan have constitutional and legislative recognition. It is incumbent on the state, therefore, to protect and uphold property rights. Second, owners of private property can only be deprived of this property in a manner prescribed by law. Consideration will now be given to legislation and regulation that stipulates the conditions under which real property rights can be overridden by the state. The codes governing residential dwellings will also be analysed. Consideration will then be given to the legal governance of farms and agricultural land. A False Sense of Legality 11