Volume 02 Issue 12-2022
13
International Journal Of Law And Criminology
(ISSN
–
2771-2214)
VOLUME
02
I
SSUE
12
Pages:
13-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
ABSTRACT
In this article the author made an attempt to analyze a special form of ownership in Uzbekistan
–
the management of
state property, its role and significance in the life of the state and society, and for the ongoing reforms. The author
approaches the issues of state property management both from a theoretical and practical point of view, paying
special attention to the aspects specific to Uzbekistan, and puts forward his own proposals as an expert in this field.
KEYWORDS
State, state property, state property management (management), civil law, privatization, expropriation of state
properties, market economy, republican (commom) properties, municipal properties, inviolability of property
INTRODUCTION
As its widely known among scholars-legal scientists,
the right to property, as one of the key concepts and
institutions of civil law, occupies a special place in the
system of socio-economic relations. Indeed, in
accordance with the legal regulation of property and
material goods, who owns property and how it is
distributed among members of society, economic
relations are formed and the future development of
each country is determined.
It is generally accepted fact that in recent years, a large
part of the state property objects in Uzbekistan were
Research Article
THE ISSUES OF LEGAL REGULATION OF STATE PROPERTIES IN
UZBEKISTAN: CURRENT STATE AND PROSPECTS
Submission Date:
December 08, 2022,
Accepted Date:
December 13, 2022,
Published Date:
December 19, 2022
Crossref doi:
https://doi.org/10.37547/ijlc/Volume02Issue12-04
Mirodil Kh. Baratov
Head, Department Of Civil Law And International Law Sciences, And International Organizations Doctor Of
Sciences In Law, Professor, Uzbekistan
Journal
Website:
https://theusajournals.
com/index.php/ijlc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
Volume 02 Issue 12-2022
14
International Journal Of Law And Criminology
(ISSN
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2771-2214)
VOLUME
02
I
SSUE
12
Pages:
13-19
SJIF
I
MPACT
FACTOR
(2021:
5.
705
)
(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
taken out of state control and privatized. This situation
has become one of the main factors in determining the
status of the state as a subject of property rights. After
all, the state property, which was considered the sole
and only powerful owner in the society, was handed
over to the owners in accordance with the market
laws, and this, in turn, led to the application of the most
important laws of the market economy, such as
demand and supply, competition.
At the same time, privatization and decentralization of
properties led to the end of the state monopoly in
many areas of social life and the formation of healthy
competition, as well as a radical change in the
ownership position of the state. For example: the
privatization of many organizations and assets in the
fields of services such as communications, medical
services, legal services created the basis for the rapid
development of these sectors. That is, the dominance
of state property was ended. These circumstances
mean that the status of the state as a subject of
property rights is becoming equal to the ownership
status of other subjects of civil law. After all, as experts
say, the distribution and redistribution of funds and
reserves (resources) in the conditions of market
relations is the leading factor in the proper
organization of the economy.
THE MAIN FINDINGS AND RESULTS
Here our opinion is evidenced and proven by the rapid
pace of privatization and expropriation and the
expansion of objects that citizens and legal entities
(companies and organisations) can own.
Besides, in order to effectively use and dispose of
state-owned objects, state-owned objects that have
recently been vacant through public auction, sale to
foreign investors, competitive sale at “zero” sale price
based on the acceptance of the conditions of
investment
obligations,
state
bodies
and
organizations, in order to more effectively use the
assets given to them on the basis of the right of
operational management, the practice of transferring
them to free use is being carried out.
It can be seen that the implementation of such
measures in the field of privatization has the main goal
of directing the ownership status of the state to certain
sectors. In this case, the state is not the sole owner of
the country as previously, but represents the needs of
the state and society, owns, uses and disposes of
property in order to manage the country and ensure
the well-being of the people.
It should be underlined that since the beginning of
market economy relations in modern Uzbekistan, the
ownership position of the state has changed
significantly. Now, the monopoly right of the state over
all property in the country is slowly disappearing. For
example, 82 percent of the gross domestic product is
contributed by the non-state sector, 95 percent of new
jobs are created by private enterprises. Of course, such
a situation is closely related to the economic factors of
the Uzbekistan’s deve
lopment.
In fact, in the conditions of market relations, state
property as a form of property is equally and legally
protected as other forms of property (the Constitution
of the Republic of Uzbekistan, Article no.53).
In the conditions of market relations, the past situation
in relation to state property has ended (dominance of
state property, tax collection or debts are not directed
to state property, etc.), the following is manifested:
-
state property is one of the forms of property and
does not have any priority;
Volume 02 Issue 12-2022
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International Journal Of Law And Criminology
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VOLUME
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SJIF
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705
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OCLC
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1121105677
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Publisher:
Oscar Publishing Services
Servi
-
the state - the main reformer, exercises its
management powers not by directly influencing
other participants of the economic transaction in
the operative-command method, but by the means
provided for in the legal documents [1];
-
expropriation and privatization lead to changes in
the amount and size of state property. This, in turn,
ensures a change in the direction of the state's
economic activity and the end of the monopoly of
state property in a certain area. For example, in the
early periods of independence, education was
considered only the state’s activity, but now the
emergence of private educational institutions has
led to the end of the monopoly of state property in
this field;
-
in the conditions of the market economy, state
property is not subject to civil legal liability as
before and is not “absolutely inviolable” property,
but has become an object subject to civil legal
liability like other forms of property;
-
unlike before, when the state puts its property into
economic circulation, it mainly uses contractual
means, and in this state bodies try not to violate
the principle of freedom of contracts, one of the
most basic rules of the market economy;
-
the non-compliance of operational management
and business management methods, which are the
main methods of managing state property and its
economic circulation, with the laws of market
conditions, requires the change of these methods,
which means that the status of state property
should be fundamentally “modernized” and be
resistant to the criteria of market demand and
supply, healthy competition provides;
-
previously single and indivisible state property,
which has now been put into economic circulation
(property given to the management or use of state
bodies and legal entities), kept in reserve and not
put into economic circulation for a certain period
of time (recovered from state bodies and legal
entities and assets not yet included in economic
circulation) were distributed to state property
funds;
-
the change of legal status in relation to land, which
is considered the most basic and important source
of state property, means that the types of objects
of state property are not absolute and fixed, and
this situation is one of the factors of economic
development in the conditions of market relations;
-
due to the conditions of market relations, the
emergence of the need to define a clear border
between two types of state property (republic and
municipal property) serves to increase the role and
role of administrative-territorial structures in
economic development, and is considered one of
the most important factors in determining the
status of state property;
-
in determining the legal status of state property,
the acquisition of a new content of the principles
and nature of state property management in the
conditions of market relations is also important.
Currently, the main attention in the management
of state property is focused on the development of
expropriation and privatization, support of
entrepreneurship,
implementation
of
entrepreneurship on the basis of state property,
and not to harm the rights and interests of other
persons.
The analysis of the study of legal regulation of state
properties in Uzbekistan. In general, it is explained that
state property objects are national wealth. At all times,
the primary and main object of any state's property is
the land area, natural resources, mines engaged in the
extraction of various minerals and precious stones,
rivers flowing through the territory of this state, flora
and fauna, and a in other words, natural resources are
counted.
Volume 02 Issue 12-2022
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International Journal Of Law And Criminology
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VOLUME
02
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12
Pages:
13-19
SJIF
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FACTOR
(2021:
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(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
From the aforesaid ideas, it should be mentioned that
the state is a specific subject of property right, like
other subjects of civil law. As mentioned in the sources,
however, the extent of state ownership and
entrepreneurship will be limited in a market economy.
It mainly serves to create opportunities for the
effective development of any country’s economy.
Of course, it is natural for each political organization to
have its own property in the process of being
recognized as a state. In Article no.7 of the
Constitutional Law “On the Basis of State
Independence of the Republic of Uzbekistan”, it is
stated that “the material basis of the state
independence of the Republic of Uzbekistan is its
property” is a pr
oof for our opinion.
The state’s status as an owner is determined by its
participation in legal relations on an equal basis, its
ability to perform any actions prescribed by law in
relation to its property, its use of its property only for
the purpose of improving the standard of living and
ensuring the safety of the people, and other
circumstances.
At the same time, it is necessary to take into account
the use of civil-legal methods as well as administrative-
legal methods in the management of state property
and the introduction of material goods belonging to
the state into civil circulation. Among such methods, it
is possible to include the decision of the competent
state div to attach the property from the state
reserve to a legal entity belonging to any state, the
decision to liquidate the state enterprise and transfer
its property to the state.
In fact, the amount and weight of state-owned
property in relation to any country’s gross national
product, the correct orientation of state property to
economic relations play an important role in the
transition to market relations. One of the determining
factors in the economic development of each country
is determining the level of state participation in civil
transactions and determining the legal status of public
property that ensures such participation. Especially in
the period of transition to the market economy, in the
system of property reforms implemented in our
republic, the role of public property as an economic
category, its participation in the internal and external
circulation of the country, plays a guiding role in
economic relations. After all, a certain economic
development can be achieved only through the correct
distribution of public property, which is 92 % of the
country’s material wealth (in t
he case of Uzbekistan)
that has been accumulated in the hands of the state for
many years, among the participants of economic
relations and is appropriately directed to market
relations.
It is known that the economic development of the
society and the state is determined depending on
whether the existing material goods in the society are
distributed correctly. This situation is clearly visible in
the development of the country and the improvement
of the well-being of the population. After all, the most
important factor for the sustainable development of
the economy of any state is the extent to which
material benefits are divided among the subjects of
social relations.
Even in economically developed countries, although it
is generally recognized that they have abandoned
centralized management of the economy, the share of
state property in the main production funds of the
country is big. This situation is especially evident in the
fields of transport and communications, atomic
energy, and military industry [2].
Volume 02 Issue 12-2022
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International Journal Of Law And Criminology
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VOLUME
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SJIF
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5.
705
)
OCLC
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METADATA
IF
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5.489
Publisher:
Oscar Publishing Services
Servi
The existence of a certain level of property in the state
is related to a number of factors (the operation of state
bodies, ensuring security, financing the sphere of
science and culture, ensuring the implementation of a
strong social policy
–
in the example of Uzbekistan).
According to famous scholar-legal scientist Yu.K.
Tolstoy, the preservation of a large part of the objects
intended for production, social-cultural and other
purposes as the property of the state can be explained
by the following two factors:
First, in an unpredictable world, every country must
consider its own security. This is security not only in the
military sphere, but also in man-made, ecological,
sanitary-epidemiological,
production,
and
food
spheres.
Secondly, the state also performs large-scale social
functions, and it is necessary to have a sufficient
material, technical and financial base for the
performance of these tasks [2].
According to Uzbek scholar H.R. Rakhmonkulov, the
state property is necessary not only to ensure socio-
economic development and to meet the needs of the
population, but also for the existence of the state and
its bodies and the implementation of their tasks [3].
By agreeing with these opinions, it is possible to come
to a general conclusion that the existence of state
property is related to the realization of the common
interests of the citizens living in this country, and the
manifestation of the will of the people. However, this
does not mean that the existing property in the
country must be in the hands of the state. As a result
of the stifling of property pluralism and the alienation
of people from property, a sense of tyranny arose in
the society.
As mentioned above, the significant increase in the
share of the non-state sector in the GDP shows that the
same entrepreneurial spirit, idea and practice have
been formed in the members of the society.
In the 21st Country Goal of the “Development Strategy
of New Uzbekistan for the Years 2022-
2026”, it is
worthy to say that “by ensuring stable high growth
rates in economic sectors, in the next five years, the
gross domestic product per capita will be 1.6 times, and
by 2030, the income per capita will be 4 thousand US
dollars”. And it was also aimed to “create the ground
for entering the ranks of countries with higher than
average income” [4]
In fact, the experience of foreign countries also shows
that the state intervenes in economic relations in the
most necessary cases, and the mass of state property
is small.
Admittedly, due to the complexities of the transition
period in the economic model of Uzbekistan, there was
a significant influence of the state in the first quarter of
the independence of the state. But according to
economists, state bureaucracy also lies in the state’s
excessive intervention in the economy. State
bureaucracy attempts to increase control by increasing
state intervention in the economy. As a result, the state
bureaucracy gets its “mediation” fee.
Another issue is the mutual ratio of the republican
(common) state property and municipal property,
which are currently considered two types of state
property in the case of Uzbekistan.
According to H. Rakhmonkulov, in the Civil Code of the
Republic of Uzbekistan, the differences in the powers
of possession, use and disposal of the property
belonging to the subjects of the republican (common)
state property and municipal property are not defined,
Volume 02 Issue 12-2022
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5.
705
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OCLC
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IF
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5.489
Publisher:
Oscar Publishing Services
Servi
there is no established procedure and clear conditions
for the transfer of state property rights from one
subject to another subject, which means that their own
property as a subject of property rights causes
indifference to their rights. This is an important issue
that is waiting for its solution, especially in the case of
expropriation and privatization of property. After all, in
this process, it is necessary to determine who owns the
state property [3].
It has been obvious that as long as there is a socio-
political structure
–
the state, there will be a need for a
form of state property.
Indeed, issues related to the state property and its
legal regime were created in a certain consistency. For
example, the Constitution (Basic Law) of the Republic
of Uzbekistan, the Civil Code, the Land Code, the
Housing Code, and the laws “On Ownership in the
Republic of Uzbekistan”, “On Expropriation and
Privatization”, “On Subsoil Resources”, the Decree
no.355 of the Cabinet of Ministers of the Republic of
Uzbekistan and also there are a number of legal
documents, such as “The Procedure for Dividing the
State Property of the Republic of Uzbekistan Into the
Property of the Republic and Administrative-territorial
Structures (Communal Property)” [5] approved by this
decision. The analysis shows that the state-owned
objects in them are scattered and there are no
generalized (common) approaches to their legal
regime. Also, today’s dev
elopment of the society
shows that the law defining the powers of state bodies
that implement and manage state property, and
ultimately their responsibility and liability. Considering
the above, we also want to say that the need to adopt
the Law “On State
Property Management of the
Republic of Uzbekistan” is an urgent issue. It is true
that the draft law has been drafted, it has been in the
round of discussions.
In fact, state property is a form of property in the
Republic of Uzbekistan. The state independently owns,
uses and disposes of state property. State property can
be used for any purpose not prohibited by law.
At the same time, the implementation of property
rights by the state should not violate the rights and
interests of other persons protected by law.
In a word, the fate of state property, its legal regime
should not be unstable.
It is also necessary to clearly define the border
between republican (common) state and municipal
property, to distribute the powers (functions) of state
bodies in this regard, to establish a criteria for mutual
exchange of property from the state property fund and
municipal property fund, and to develop a simplified
procedure and rules for the transfer of property from
these property funds to the other.
For this reason, it is necessary to enumerate the
following circumstances that clearly determine the
legal status of municipal property and distinguish
between republican property and municipal property:
-
development of the criteria for the object to be
considered
municipal
property
and
strict
determination in the law;
-
determination of the purpose of designation of
municipal property objects;
-
clearly defining the subjects of municipal property
management;
-
express the rules of transfer of property from
republican (common) state property to municipal
property.
As one of our suggestions, it would be expedient for
these circumstances to be reflected in this draft law.
After all, this issue also falls under the scope of this law.
Volume 02 Issue 12-2022
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International Journal Of Law And Criminology
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VOLUME
02
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SSUE
12
Pages:
13-19
SJIF
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MPACT
FACTOR
(2021:
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(2022:
5.
705
)
OCLC
–
1121105677
METADATA
IF
–
5.489
Publisher:
Oscar Publishing Services
Servi
REFERENCES
1.
Te A., Rakhmankulov M., Ubaidullaev Z. Issues
of Legal Personality in the Legislation on State
Property. // The book “Law and Market:
Theoretical Problems of Development” (in
Russian).
–
Tashkent: “Fan” Publishing house,
1994.
–
P. 24.
2.
Civil Law. The 6th Edition (in Russian). / Editors-
in-Chief: A.P. Sergeev, Yu.K. Tolstoi. T.1.
–
Moscow: Prospekt, 2003.
–
P. 465.
3.
Rakhmankulov H. Legislative Sources of Civil
Law of the Republic of Uzbekistan and the Task
of Improving Them (in Russian) // Collection of
the
Conference
Materials
of
“Bozor
Iqtisodiyoti Sharoitida Savdo Munosabatlarini
Huquqiy
Ta’minlash
Muammmolari”
(in
Uzbek).
–
Tashkent: TSUL, 2004.
–
P. 10.
4.
Decree no. PF-60 dated 28.01.2022 of the
President of the Republic of Uzbekistan “On
the Development Strategy of New Uzbekistan
for the Years 2022-
2026” (in Uzbek). // National
database of legislative information, 29.01.2022,
no. 06/22/60/0082.
5.
URL: https://lex.uz/docs/481742.
