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THE RIGHT TO PROPERTY IS A CONSTITUTIONAL RIGHT
Hakimov Sunnat
Teacher of the Constitutional Law Department of Tashkent State Law University
E-mail: sunnat98hakimov@gmail.com
https://doi.org/10.5281/zenodo.13368389
The Constitution is followed in the adoption and implementation of
adopted regulatory legal instruments and property rights changes. The
protection of property rights and owner rights is the goal of several provisions
in our Constitution, which is regarded as the supreme law of the land. In
particular, Article 41 of the Constitution guarantees everyone the right to
possess property. This constitutional norm states that a citizen's age, legal
competence, or rights are irrelevant when determining ownership. Stated
differently, a citizen is deemed to possess property by birth, and the law offers
ample avenues for this to occur.
The establishment of a layer of owners, the expropriation of state-owned
property, and the acceleration of the privatization process received a lot of
attention as a result of the changes carried out in Uzbekistan and the adoption of
several legal instruments. The manifestation of private property's benefits, the
growth of the private owner class, and the practice of supply and demand
competition—which is regarded as the fundamental law of market relations—at
the foundation of private property have all contributed to a significant shift in
the status of private property under market conditions.
Each person develops a sense of ownership through the state's protection
of their rights, the guarantee of their right to possess property, and the
enrichment of their conceptions of ownership. One could argue that the Republic
of Uzbekistan's Constitution has strengthened property rights even more with
the revision to Article 68, Part 2.
Both individuals and legal companies may privatize land in our nation.
Plots: Individuals or groups may privatize land plots in accordance with the Law
"On Privatization of Land Plots Not Intended for Agriculture."
A citizen who owns private property on land is entitled to the following: 1)
land sales by private land owners; 2) land donations; 3) land exchanges; 4)
pledges; and 5) inheritances.
Most significantly, only with the owner's permission and in a contract at
market value may the state repurchase such land for public purposes. In other
words, land does not belong in "snos" and can only be alienated if the state
purchases it for a predetermined sum.
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In addition, the constitutional requirements outlined in the article
guarantee the proper use of privatized land and its preservation for future
generations, acknowledging that land is a valuable national asset and a
significant economic resource that must not be treated as landless.
Each person's ownership of property indicates that they all have an equal
right to do so. According to Article 19 of our Constitution, regardless of gender,
race, nationality, language, religion, social background, faith, or personal or
social standing, all citizens of the Republic of Uzbekistan enjoy the same rights
and freedoms and are treated equally before the law. No matter how much or
how little property there is, our current legal system guarantees that everyone
has equal rights and that no owner's rights are more valuable than those of
other owners.
Article 5 of the Law of the Republic of Uzbekistan, "On Expropriation and
Privatization," states that the following parties may be the subjects of public
property purchases as well as the privatization of state property objects: citizens
of the Republic of Uzbekistan, other nations, stateless individuals, non-state legal
entities, and foreign legal entities. captured. Each person has many options to
become an owner under our legislation, which also ensures that their rights will
be protected.
Ensuring the inviolability of all types of property under market conditions
is seen as crucial for the successful implementation of economic changes.
"Economic Foundations of Society" is the title of Chapter XII of the Constitution.
Article 65, first part, states that "the basis of the economy of Uzbekistan, aimed
at increasing the welfare of citizens, is the property of various forms." The state
prioritizes the rights of consumers while establishing the framework for the
growth of market relations and fair competition. It also ensures the freedom of
labor, entrepreneurship, and economic activity.
This constitutional provision does not restrict the amount of property;
rather, it expresses the possibility of various forms of property.
Two types of property are defined by Article 167 of the Republic of Uzbekistan's
Civil Code:
There are two types of property:
1) private;
2) public.
The state assures the protection of property and upholds the equality of
rights required for the emergence of various forms of property. Property's legal
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status and regime are intrinsically tied to the separation of property into several
types.
The topics of "demolition of housing" and "snos" were settled at the level of legal
documents prior to the new constitution's approval. The idea that this matter
would be decided at the level of the Constitution seemed like a pipe dream to
many owners. Given the gravity of the situation, the President of the Republic of
Uzbekistan stressed during his inauguration in 2021 that private property
privacy must be regulated first. The recently amended constitution states that
the nation owes itself a great deal. He is making an effort to complete the
important duty of sheltering the populace.
The head of state personally introduced these articles, which were then debated
at the commission on constitutional change meeting as a proposal pertaining to
the question of housing inviolability and damages to housing recompense.
This standard demonstrates unequivocally that Uzbekistan is becoming the
social state envisioned in the Constitution's first article.
In the event that they broke the law, citizens might now employ legal protection
or obtain compensation thanks to this new rule.
Refrence:
1.
Hakimov, S. (2023). SPORT KONTRAKTLARIDA MAJBURIYATLAR
BAJARILISHINI TA’MINLASHNING AHAMIYATI. Talqin va tadqiqotlar, 1(14);
2.
Hakimov, S. (2023). SPORT KONTRAKTLARIDA NEUSTOYKANING QO
‘LLANILISHI. Talqin va tadqiqotlar, 1(26);
3.
Muhammadjon Otabek Ogli Tursunov (2023). O‘ZBEKISTONDA OLIY
TA’LIMNI RAQAMLASHTIRISH: YUTUQLAR VA MUAMMOLAR. Scientific
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4.
Tursunov, Mukhammadjon Otabek Ugli (2022). APPLICATION OF
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