2
2.3.2 Case study two: Navoishoh Avenue
Samarkand is one of Uzbekistan’s most unique and
historic cities. Its centre is UNESCO heritage listed.
Samarkand is also among the country’s most popular
tourist destinations.
As an important cultural and historical urban centre,
Samarkand has been targeted for medium- and largescale property developments, activity that has been
pump-primed by the government’s strategic ambition
to rapidly grow international tourism.
One such example has taken place on Navoishoh
Avenue, beginning in 2017, in circumstances that are
notably similar to the Niyozbek Yuli case. And like
the latter, these improper actions by city authorities
prompted a campaign of resistance by residents.
This case formally began on 15 August 2017, when the
then hokim of Samarkand, Vokhid Rahimov, issued a
decree, no. 1510-K. The decree notes: ‘Limited Liability
Company “Samarqand Agro Eksport Servis” applied
to the city Hokimiyat with a petition to demolish the
existing buildings of 2-storey unattractive residential
buildings located at 44, 45, 47 and 49, Navoishoh
Avenue, Samarkand, and issue a permission for the
construction of multi-storey housing on the basis of
modern architectural and design documentation.’96
The decree also acknowledges a proposal, reportedly
made by the city’s Department of Architecture and
Construction, to relocate, in accordance with legislative
procedure, buildings situated in central streets of
the city that ‘do not meet the requirements of the
current urban planning architecture, sanitation and
fire safety, and to build in their place multi-storey
residential buildings’.97
The decree then declares that 60 apartments in
buildings at numbers 43, 45, 47 and 49 Navoishoh
Avenue do not meet ‘the current requirements of
urban planning’, although no assessment from relevant
authorities or experts was attached to the decree.
It orders that the apartments be demolished and
replaced by a four-storey residential building. The
company Samarqand Agro Eksport Servis is granted
permission in the decree to develop the proposed
residential building on the allotted land, providing that
it gets the necessary permits and approvals, and also
providing that it relocates existing residents from its
own funds.
When the corporate extract for Samarkand Agro
Eksport Servis was first checked on 19 May 2020,
its area of declared business was the wholesale
of fruits and vegetables.98 Its shares were held by
‘Martirosov Artyom Arturovich’. It had a founding
capital of approximately. $46,000. The company was
incorporated on 17 May 2016.
The Samarkand mayoral decree also claims that
affected residents had consented to the proposal.
This apparent inaccurate statement precipitated
protest from homeowners affected by the decree.
The reaction of Navoishoh Avenue residents to the
order is captured in a subsequent letter of complaint
written by retired teacher Svetlana Smolyakova,99
a homeowner in building 49. The letter is addressed
to the Prosecutor General’s Office and Ombudsman.
It states: ‘In September 2017, I was forced to go
to my daughters for treatment in St. Petersburg
(Russia). While I was in rehabilitation (I had two spinal
surgeries), I found out that the demolition and gradual
resettlement of the residents of our 18-apartment
building had begun. Some of the tenants signed an
agreement with the developer, some of the tenants
did not agree. I repeatedly expressed my categorical
disagreement in writing. I didn’t sign any documents.
I was against the demolition of a solid, completely
non-emergency house (the developer had, according
to court records, alleged the houses were in an
‘emergency’ condition).’100
99.
Letter from Svetlana Smolyakova to the Prosecutor General’s Office
and Ombudsman of the Republic of Uzbekistan, 3 March 2020.
A False Sense of Legality 35