In instances where the underpinning land has
been acquired by the owner as private property or
alternatively has been converted into private property
under the law on privatisation of non-agricultural
land passed in 2021, it appears to offer a greater
level of protection. Article 36 of the latter law states
that redemption of privately owned land for public
purposes ‘is carried out only with the written consent
of the land plot owner’ and based on the sales-andpurchase agreement between the state and the
property owner.23 At the same time, the last paragraph
of the article notes that disagreements on the conclusion
of the agreement is ‘subject to resolution in court’.
The provision conflicts with the civil law principle of
the ‘freedom of contracts’ enshrined in article 354 of
the Uzbek Civil Code, where parties are free to enter
into agreements. The provision appears to provide
a “loophole” for a government to enter into the
agreement through the courts.
14 A False Sense of Legality
A common thread throughout the legal reform
process in Uzbekistan is that privately owned homes
can only be compulsorily acquired by the state for
a prescribed number of public purposes. And in
those circumscribed cases a set of procedures must
be followed. Additionally, it is clear that there are no
legal grounds in which privately owned homes can be
compulsorily acquired by the state for the benefit of
a private party, such as a property developer.
It is important to note that housing rights are also
protected in international human rights law, which
places an obligation on the state as the legitimate
public authority to ensure these rights are upheld.
These obligations are summarised in Table 1, which
features an extract taken from the UN Basic Principles
and Guidelines on Development-Based Evictions
and Displacement.