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Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
VOLUME
04
I
SSUE
05
Pages:
24-27
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
ABSTRACT
In this article, the author analyzes domestic and foreign regulations for the protection of private property and their
main provisions. The article also draws attention to some theoretical sources made by the author in the field of
protection of private property, while also focusing on the theoretical aspects of the protection of private property
rights belonging to the owner.
KEYWORDS
Property right, private property, real estate, landowner, land, privatization, state and public needs.
INTRODUCTION
Private property has always occupied a special place in
the life of society and the state. It is the property status
of people, their activity as owners that is the main
driving force behind the economic development of the
state. The owner of private property, as a full member
of society, has always been a supporter of peace and
stability, prosperity and harmony in the country, and as
an owner, he was interested in the economic
Research Article
CIVIL-LEGAL ASPECTS OF THE PROTECTION OF PRIVATE PROPERTY
Submission Date:
May 10, 2022,
Accepted Date:
May 20, 2022,
Published Date:
May 30, 2022
|
Crossref doi:
https://doi.org/10.37547/tajpslc/Volume04Issue05-05
Shonazarov Ulfat Ibrogim o‘g‘li
Acting Head of the Department of State law disciplines of Specialized Branch of Tashkent State University
of Law, Uzbekistan
Journal
Website:
https://theamericanjou
rnals.com/index.php/ta
jpslc
Copyright:
Original
content from this work
may be used under the
terms of the creative
commons
attributes
4.0 licence.
25
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
24-27
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
development of the country. Therefore, from the first
days of Uzbekistan's independence, a number of
reforms have been carried out to strengthen the rights
of private property, form a class of private owners,
change the idea and consciousness of people about
private property, ensure equality of private property
with other forms of property These reforms will ensure
the transformation of private property into a real
driving force of economic development countries to
this day. In particular, a number of laws adopted in this
regard in the first years of our independence served as
a legal basis for the understanding, recognition and
recognition of private property by the general public.
In particular, the Law “On Property in the Republic of
Uzbekistan” dated October 31, 1990 [1] for the first
time recognized private property as a separate form of
ownership, the Law on deregistration and privatization
[2] aims to increase the amount of private property in
practice and form a class of owners. The Constitution
of the Republic of Uzbekistan, adopted on December
8, 1992, establishes that "everyone has the right to
property" in Article 36, while Article 53 (2) states that
"Private property, like other forms of property, is
inviolable." and protected by the state. At the same
time, the adoption of the Law on Privatization of State
Housing Stock [3], adopted on May 7, 1993, laid the
foundation for further expansion of the class of
owners and allowed citizens to privatize their housing
on a preferential basis. ...and created an opportunity
for them to become private owners.
The Law of the Republic of Uzbekistan dated
September 24, 2012 "On the protection of private
property and guarantees of property rights" [4] and
the Law of the President of the Republic of Uzbekistan
dated May 15, 2015 "Reliable protection of private
property,
small
business
and
private
entrepreneurship" Adoption of the Resolution "On
measures to remove obstacles to their rapid
development” [5] further strengthened the system of
reliable protection of private property. Decree No. PF-
4848 of October 5, 2016 "On additional measures to
ensure the rapid development of entrepreneurial
activity, comprehensive protection of private property
and improvement of the quality of the business
environment" [6] and Decree of the President of the
Republic of Uzbekistan No. PF-4947 of February 7, 2017
“Five priority directions for the development of the
Republic of Uzbekistan in 2017-2021 The adoption of
the Action Strategy marked a new stage in the
protection of private property.
Also by the President of the Republic of Uzbekistan
dated August 13, 2019 “Additional measures to radically
improve the system for protecting private property
and strengthening guarantees of property rights,
organizing work to support the entrepreneurial
initiative, as well as by the Decree of the PF- No. 5780
"On expanding the access of business entities to
financial resources and production infrastructure." In
addition, the Decree of the Cabinet of Ministers of the
Republic of Uzbekistan dated November 16, 2019 “On
additional measures to ensure guarantees of the
property rights of individuals and legal entities and
improve the procedure for the withdrawal and
compensation of land plots” Decree No. 911 also plays
an important role in protecting the rights of owners to
private property, especially to real estate created in
connection with a land plot [7].
The current legislation defines the concept of private
property, its subjects and objects, the basis for the
formation of private property rights and forms of
organization of economic structures based on private
property. Currently, the subjects of private property
rights are citizens, business companies and societies,
cooperatives, public associations, social funds and
other non-state legal entities (Article 208 of the Civil
26
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
24-27
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
Code). At present, various property economic
societies, enterprises and economic entities also
participate in economic relations, in which there is
simultaneously a share of private and state-owned
entities. In addition to the various structures currently
managing the economy, joint-stock companies,
companies, corporations, in which the state has
retained its share, also carry out production and
economic activities, the legislation of which establishes
certain rules of the legal status. these entities.
According to article 209 of the Civil Code, any property
may be private property, with the exception of certain
items prohibited by law. Of course, in accordance with
this rule, any property can be private property, except
for property that cannot be privatized in the manner
prescribed by law. But there are certain legal
contradictions and conflicts in this regard. This is
especially true in the context of the existence of
various economic entities in which the state
participates. This is due to the fact that as long as such
persons are recognized as owners of private property,
they should not own property that cannot be
privatized. However, due to the presence of the state,
some of these entities own property that cannot be
privatized.
The current legislation provides for the concept of the
right of private property, and not the concept of
private property. In particular, according to the first
part of Article 207 of the Civil Code of the Republic of
Uzbekistan, the right of private property recognizes
the right to own, use and dispose of property acquired
by a person in accordance with the law[8].
According to Article 2 of the Law of the Republic of
Uzbekistan dated September 24, 2012 "On the
protection of private property and guarantees of
property rights", the right to private property includes
the right to own property, the right to use and dispose
of it.
The protection of private property has not only a legal,
but also a theoretical basis. In particular, according to
Kh. T. Azizov, private property as an economic
category is the ability of individuals to own, use and
dispose of material and intangible benefits as a result
of individual appropriation [9]. According to T.I.
Illarionov, the inviolability of property involves the
choice of mechanisms for the emergence, exercise and
termination of property rights, which, firstly, ensure
the inviolability of the interests of other owners, and
secondly, enhance its restoration in case of violation of
property rights [10]. According to N. F. Imamov, the
inviolability of property, due to the importance of one
or another aspect, implies that private property owned
by the owner is always protected by law and can be
alienated from private property only with his consent
(except as provided by law) [11].
After all, to put it simply, private property is the
tangible (and in some cases intangible) property of
individuals (public organizations and citizens) in terms
of the appropriation of existing material goods and in
whose interests they are directed. In this regard, at the
initial stage of the formation of the national legal
system of Uzbekistan, the main attention was paid not
to the concept of "private property", but to the legal
definition of the concept of "private property rights".
If you pay attention to the legislation of foreign
countries, especially the CIS countries, according to the
legal definition of the concept of private property, you
can see that it differs little from our national legislation.
For example, in the CIS countries the concept of
private property (not private property rights) is
defined in the civil legislation of some countries, while
in other countries there is no tradition of dividing
property into private and public forms. For example,
27
Volume 04 Issue 05-2022
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
VOLUME
04
I
SSUE
05
Pages:
24-27
SJIF
I
MPACT
FACTOR
(2020:
5.
453
)
(2021:
5.
952
)
(2022:
6.
215
)
OCLC
–
1176274523
METADATA
IF
–
7.659
Publisher:
The USA Journals
the Civil Code of the Republic of Kazakhstan defines
the concept of private property, and they act as the
property of their associations.”
In conclusion, the protection of private property and
the protection of property rights should be determined
by a separate and special law, in democratizing the
foundations of a market economy and ensuring the
rights and interests of entrepreneurs, and establishing
a reliable protection system and legislative mechanism.
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