Shortly after this judgement, an action was initiated
by Dilorom Rozikova and other residents in the
Samarkand Administrative Court, seeking to invalidate
the Samarkand city mayoral decree no. 1217-K. Their
case was rejected on the grounds that the court could
not invalidate a prior Civil Court decision.116 The court
argued that mayoral decree 1217-K merely changed
the wording of the prior Samarkand city decree 1510-K,
replacing Samarkand Agro Export Service with Silk
Voyage LLC. Decree no. 1510-K, the court argued, was
declared valid with regard to buildings 43 and 49, as
residents consented to the eviction, referencing the
Samarkand city Civil Court judgement of 21 December
2017. It was argued: ‘Pursuant to Article 72 (3) of the
Code of Administrative Procedure of the Republic of
Uzbekistan, an enforceable judgement of a civil or
economic court is binding on an administrative court
hearing another case on the circumstances established
by a civil or economic court judgement and relevant to
the persons involved in the case.’
Article 72 is entitled ‘grounds for exemption from
proof’ and stipulates conditions when facts do and do
not need to be proven again. One instance is where
they have been proven in a previous Civil or Economic
Court hearing.117 This article does not prevent the
Administrative Court from hearing or deliberating
on a distinctive new legal question relating to those
established facts.
The Administrative Court argued in this case that the
question before it had been considered by the Civil
Court in its judgement dated 21 December 2017, where
the original decree no. 1510-K was said to apply only
to buildings 43 and 49 – complexes in which it was held
that all residents had consented. This conclusion of
the Administrative Court was reached despite the fact
that the 21 December case only considered whether
a subsequent decree, no. 1755-K, violated the rights
of the then developer, not whether decree 1510-K and
updates made by 1217-K violated the property rights
of residents. Furthermore, in the 2017 case, residents
from apartment block 49 had not been able to appear,
while on appeal the courts recognised lack of consent
from residents in apartment block 49.
Nevertheless, it appears that a provision in the
Administrative Code, which permits the Administrative
Courts to accept conclusions on fact reached in
preceding Civil and Economic Court judgements,
was used by the court in this case to justify accepting
certain statements of fact from the 21 December 2017
Civil Court judgement, despite the fact that they were
subsequently disputed and overruled, and despite the
fact that the case was deciding whether the developer’s
rights had been violated by decree no. 1755-K. By
accepting certain facts as having been established in
the 2017 hearing, i.e., that consent had been given,
the Administrative Court ruled that no resident rights
were violated by decree nos. 1510-K and 1217-K. This
appears to be a selective and problematic reading of
the Administrative Code, which denied residents a fair
and substantive hearing in the Administrative Court.
Alongside the administrative court action, an appeal
was also submitted to the Civil Court of appeal by the
Rozikova sisters, in an attempt to quash the eviction
order.118 The Appellant Court, which featured two of
the judges who had initially rejected the developer’s
request for eviction, did not deliberate on whether
there were lawful grounds for public acquisition,
including both with respect to a master plan and
property owner consent. Despite the lack of consent,
the court left the original decision of the Civil Court
untouched, with one amendment, that Silk Voyage LLC
was ordered to pay Shakhnoza Rozikova an additional
1,991,862 UZS. This represents the difference in value
between her current apartment and the apartment
offered by Silk Voyage.
A False Sense of Legality 41