Law on Farming
Additional grounds for cancelling a lease for farms
are set out in article 32 of the law On Farming, which
states that the farm may be liquidated only under
specific circumstances. These include voluntary refusal
from the lease rights, irrational use of land, seizure of
land in a prescribed manner, failure to restore farming
activity within three years after the transfer, voluntary
termination of the land lease, bankruptcy, or death of
the leaseholder etc. In addition, a land lease may be
terminated if the land plot is required for state and
public needs and if mandatory membership of the
Council of Farmers, Dehkan Farms and Owners of
Farmstead Lands of Uzbekistan is terminated.28
Presidential decree no. PF-6243
The presidential decree no. PF-6243, dated 8 June
2021, states that from 1 August 2021, the authority to
‘establish, recognise, change, and cancel the rights
to land plots by local state authorities of districts and
cities’ is cancelled.29 This decree is significant in that it
prohibits the right of hokims of cities and districts to
revoke the allocation or cancel land lease agreements
as of 1 August 2021. Nevertheless, there are numerous
cases where farmers who have not fulfilled their cotton
quotas have been forced by district and city hokims to
submit a “voluntary” application to terminate their land
lease under threat of penalty.
Government decree no. 14
Government decree no. 14, of 9 January 2019, is
the third in the last ten years and expands the list
of conditions under which land allocated to farms
and other agricultural enterprises can be optimised
and ultimately seized.30 The decree also significantly
expands the scope through which hokims can cancel
land leases, and effectively removes the requirement
of a court order.
However, this decree contradicts the Land Code and
the law On Farming. Based on this decree, hokims have
allegedly secured so-called “voluntary” applications
from farmers under threat of penalty to return their
land to the state, which has resulted in thousands
of farmers “agreeing” to give up their land and
livelihoods.
Despite legislation, decisions made by government
officials on an arbitrary and illegal basis persist.
On 29 January 2024, Khairulla Bozorov, the hokim
of Ferghana region, allocated land to a recently
established company. It has been two-and-a-half years
since the authority of hokims to allocate land was
terminated. Nevertheless, Bozorov allocated the ‘Youth
Lake’ site under the guise of ‘buildings and structures’,
incorrectly citing a presidential decree. The decision
was cancelled after publication in the media, but no
legal action was taken against the hokim.31
In January 2024, the hokim of Kasan district in
Kashkadarya region, Asrol Boykoraev, adopted an
order to reallocate the land plots of 48 farms to the
state reserve, arbitrarily terminating the land leases
of the affected farmers.32 The action violates national
legislation and two presidential decrees, and although
the order was cancelled a few days later, following
widespread media coverage, it demonstrates the
vulnerability of farmers to the abuse of power by
local officials.
A False Sense of Legality 17