The USA Journals Volume 03 Issue 10-2021
63
The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
63-68
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-11
I
MPACT
F
ACTOR
2021:
5.
952
‘
ABSTRACT
The article analyzes the concept of private property and methods of its protection by the author.
Theoretical views of theorists in the field of property and private property were also addressed and
compared. In addition, the article provides an analysis of legislation in the field and suggestions for
their development.
KEYWORDS
property rights, private property rights, property relations, ownership, natural resources, protection
of property rights, court, possession, use, disposal.
INTRODUCTION
The economic basis of a society is based on
existing property relations. For this reason,
property has not only legal meaning but also
economic meaning. Wealth, created in a
unique way by nature, created by human labor,
has always been property.
Depending on whether one owns property or
not, the position of people in society is more
precisely the socio-economic status. Without
property relations, economic relations, the
process of production has no meaning.
Ownership is an integral unit of responsibility
and interests. For property to be real, the
economic interest of the owner is his vital need
as the owner of wealth, and his actions reveal
the economic motivation of his behavior.
The formation of market relations in our
country requires the development of property
The Concept Of Private Property Law And Methods Of Its
Protection
Muhiddinov Nodir
Lecturer Of The Department Of State Law Disciplines Of Specialized Branch Of TSUL,
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.
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
(ISSN
–
2693-0803)
Published:
October 30, 2021 |
Pages:
63-68
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-11
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2021:
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relations, a radical overhaul of property
relations. A socially privileged position based
on the alienation of a person from property is
abolished. Article 58 of the Constitution of the
Republic of Uzbekistan stipulates that market
relations are the basis of the country's
economy in various forms of property.
The results of natural wealth and human labor
are not assimilated by individuals in some
cases, but are intertwined or intertwined.
Consequently, property denotes the attitude
over people and their communities in the
assimilation of things of nature, relations of
social production. Property can also be
described as the product of social relations,
which will be in the field of acquisition, use and
disposal of means of production and products
produced.
Property law is the sum of norms that
strengthen,
regulate
and
protect
the
belonging of material favors (wealth) to
specific individuals; one of the main
procedures of civil law.
According to the Civil Code of the Republic of
Uzbekistan, the right to property consists in
the right of a person to own, use and dispose
of self-owned property at his own discretion
and for the purposes of his own interests, as
well as to demand the elimination of his
property right and any violation by anyone. The
basis of the economy of Uzbekistan is property
of various forms. The state guarantees equal
rights of all forms of property and babbaravar
Protection[1].
In fact, the history of property rights, concepts
of ownership, dates back to very long periods.
Property, ownership has not lost its relevance
attractiveness at all times. It is possible to
observe that society, the state is wounded,
every person living in it lives, striving to
become property, rich.
Everyone knows that the right to own property
is absolute of the owner right. But it does not
mean that his authority is unlimited. His the
limits can only be established when using this
Right[2].
On the basis of the law"on property in the
Republic of Uzbekistan", a road was opened to
private ownership, which was considered an
economic resource for the establishment of
market relations. In the development of
private ownership, the law "on deregulation
and
privatization"became
important.
According to this law, the rule of state property
in the time of the Soviets was abolished, an
opportunity was created for the establishment
of private property. In the current Civil Code of
the Republic of Uzbekistan, property was
destroyed in the past on the basis of division of
socialist society into classes (State, collective-
cooperative, personal) forms and inequality
established depending on what form, by whom
it belongs to. In the time of the shrovets, the
rights of property owners were constantly
limited in the relevant rules, as well as in
practice. Now it is considered tort that the
property belonging to the owner should be
seized for various reasons and in different ways
by government agencies and officials, creating
obstacles to the free use of property. Property
rights are indefinite. The owner has the right to
use his property forever, dispose of it at the
right time. As a logical continuation of this
Rule, Article 166 of the FC defines the
inviolability of property and its protection by
law[3].
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
October 30, 2021 |
Pages:
63-68
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-11
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The limitations and limits of the right to own
property are manifested in the existence of the
rights of other persons to this property. Their
domination of the property belonging to him in
the relationship of the owner with other
persons does not lead to restrictions only.
There are limits even in the rule of the owner
himself. Western lawyers were based on the
theory of “social task” to support the mass
restriction of the right to absolute ownership
of property[4].
The process of modernization and reforming
our country, democratization and renewal of
society as an important factor of development
continues consistently in today's globalisation
period. The ongoing reforms and software
measures are giving positive results in all
sectors of the national economy.
The main purpose of the reforms is primarily
aimed at protecting the personal, social,
economic and political rights and freedoms of
people.
The Constitution of the Republic of Uzbekistan,
which is the legal, economic and spiritual basis
for the implementation of reforms. The fact
that even in Article 36 each person has the right
to own, Article 44 provides that each person is
guaranteed the right to defend his rights and
freedoms through the court, to appeal to the
court over the wrongful actions of state
bodies, officials, public associations[5]. And
this is an encyclopedic reverence of desire,
such as the desire for a decent way of life
inherent in a person, the enjoyment of the
result of one's own abilities and efforts as an
owner. The Civil Code of the Republic of
Uzbekistan, as well as the adoption of laws “on
the protection of private property and
guarantees of property rights”and “on
ownership in the Republic of Uzbekistan”have
played a historical role in ensuring and
guaranteeing the protection of property rights.
The fact that in the Civil Code it is established
as the main tasks to ensure the inviolability and
protection of property through the court, and
in the Criminal Code to protect property from
encroachments among the most important
objects is a clear confirmation of the existence
of a solid legal basis for the protection of
property.
Adopted by the president of our country
Shavkat Mirziyoyev. In the strategy of action
on five priority areas of development of the
Republic
of
Uzbekistan
in
2017-2021,
strengthening
the
guarantees
of
implementation of citizens ' rights to private
property is defined as one of the important
tasks.
The essence of such measures aimed at the
protection of property, the purpose of which is
aimed at ensuring the guarantee of property
rights and improving the legal framework in
this regard, but also at the formation of the
ability of citizens to better know and protect
their rights as owners.
The scope and effectiveness of the work
carried out to raise the legal culture of citizens,
in particular, legal literacy in property relations,
is increasing day by day.
In the law”on property in the Republic of
Uzbekistan " there is a separate section on
Guarantee and protection of property rights. It
sets out that the protection of property rights
is carried out by the court[6].
We can also see that the restoration and
protection of the right to private property,
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
October 30, 2021 |
Pages:
63-68
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-11
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which is violated in the law “on the protection
of private property and guarantees of the
rights of property owners”through the court,
has increased to the level of state guarantee
and has been emphasized in particular on the
issue of the protection of private property
rights. At the same time, this law also provides
for methods of protection of the right to
private property, and among these methods,
the protection of the right to private property
by the owner himself.[7]
In addition, on August 13, 2019, the adoption of
the decree of the president of the Republic of
Uzbekistan № PF-5780 “on additional
measures to radically improve the system of
protection
of
private
property
and
guaranteeing the rights of property owners,
organization of works for the support of
entrepreneurial initiatives, as well as on
expansion of opportunities for entrepreneurs
to use financial But, without looking at the
adoption of many normative legal acts and the
implementation of responsibility measures to
protect the rights of private property, we are
witnessing the active activity of the media,
even in recent times, in cases of violation of
property rights of the owners by state bodies
and any persons. The most important aspect of
this decree is that the governors of the Council
of Ministers of the Republic of Karakalpakstan,
regions, Tashkent City, districts and cities were
prohibited from:
Sponsorship of entrepreneurs in addition
to their activities, including compulsory
involvement in charitable assistance,
improvement of territories, landscaping,
iron-tersak and maculatura collection[8];
Engage entrepreneurs in seasonal work in
agriculture (planting and harvesting) and
other activities related to the orientation of
labor resources, money resources and
other material resources;
Conduct meetings and other activities with
the participation of entrepreneurs in a
mandatory procedure, including under the
threat of using administrative and other
measures against them.
But so far, without looking at the amendments
and amendments to the legislation and the
amendments and amendments to the
measures, we are still often faced with cases of
violation of the private property of the owners.
At this time, it should not be forgotten that the
state care for the comprehensive development
of the right to private property does not give
people the right to engage in illegal activities
under the pretext of multiplying private
property.
Since the implementation of property law
occurs in harmony with the mutual conflict of
interests, its consequences do not exclude the
possibility of occurrence of disputable cases. In
this case, the protection of the rights of honest
and fair participants of property relations is
largely due to their strict adherence to the
norms of the law regulating this process.
In fact, in the life of society, the main role is
played by relations that are of a property
character between individuals, that is, in
relation to the possession of property, its use
and its promotion, to whom such relations are
of course with Goh every day, whether it be in
this or that form. Naturally, when entering into
such
a
relationship,
sometimes
misunderstanding,
quarrels
and
various
conflicts arise between the participants.
When the reasons for the occurrence of these
disputes are studied, they are, in most cases,
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Pages:
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Doi:
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related to the property issues of the
participants in the relationship the fact that
they do not know the legislation Well, that the
contractual obligations their indifference to
the execution seems to have arisen due to the
fact that they do not fully understand the rights
and duties set forth in the law or in the
contract.
In particular, the privatization, sale, lease of
real estate, since relations are a relatively
complex process, such as making a donation,
leaving someone as an inheritance, taking a
mortgage, separating a joint common property
taqsimlash or its share from it, citizens or legal
entities make more mistakes and shortcomings
in this area.
Applications to the courts for disputes of the
same category in the review, too, specific
procedures in the relevant legislation,
prosessual behavior is established that if the
parties do not know them sufficiently, they can
face certain difficulties in protecting their
property rights in court.
However, no matter how complicated it may
be, knowing the requirements of the law and
compliance is an obligation of the participants
of this process, first of all, serves the interests
of these persons, protects their rights.
In addition, as a result of the economic, legal
reforms and updates carried out in our country,
including a number of legislative acts on
improvement of property relations, further
strengthening of the contractual discipline are
adopted, relevant amendments and additions
to the current legislation are introduced.
Also, circumstances such as the contract and
its content, the procedure for the conclusion of
contracts of a property nature, their
modification or cancellation, conditions that
must be considered when notifying or
registering
a
state,
non-fulfillment
of
Obligations
or
the
determination
of
responsibility for non-compliance to the extent
necessary, as one of the important grounds for
the occurrence of property rights, are.
According to Article 164 of the Civil Code of the
Republic of Uzbekistan, the right of ownership
is the person's own will to own property
owned by him to use it to own with and in the
interests of its own disposal is also a phrase
from the right to demand the elimination of his
property right, by whom, without prejudice to
any violations.
In the abstract, it should be noted that today a
number of normative legal acts have been
adopted on the protection of property, in
particular, private property and ensuring the
guaranteed inviolability of property rights in
the Constitution, and in these legal acts the
protection of private property is guaranteed.
The fact is that the existing laws and legislative
acts that are in force today do not prevent in
any way from privatization or, in other words,
the introduction of the right to private
property. In property relations, private
property has its own peculiarity, in Bunda
private property is distinguished from other
properties, both in terms of its legal nature and
value.
In short, the Constitution and the current
legislation fully reflect the norms related to the
inviolability of private property and the
mechanism for ensuring legal protection,
which, in turn, serve as a guarantee for
effective protection of the rights of owners
and owners of private property.
The USA Journals Volume 03 Issue 10-2021
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The American Journal of Political Science Law and Criminology
(ISSN
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2693-0803)
Published:
October 30, 2021 |
Pages:
63-68
Doi:
https://doi.org/10.37547/tajpslc/Volume03Issue10-11
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However, the content of these normative legal
acts in practice to bring the essence to the
attention of the population is the fact that it is
quietly carried out, and enough problematic
issues due to the fact that promotion is not
carried out it is happening. If we want to build
a modern, civilized society if desired, an
effective system of protection of property
rights and we will have to create a worthy class
of owners. Without them the legal state,
Democratic Institutions and market economy
are stable it is impossible to operate.
REFERENCES
1.
https://qomus.info/encyclopedia/cat-
m/mulk-huquqiuz/ Muallif H.Raxmonqulov
2.
Sinayskiy V.I. Ukaz. Soch. s.217
3.
https://lex.uz/docs/111189
O‘zbekiston
Respublikasining Fuqarolik kodeksi 166-
modda.
4.
Kulagin M.I. Ukaz soch. s.244-247
5.
O‘zbekiston Respublikasi Konstitutsiyasi.
O‘zbekiston Respublikasi Oliy Majlisi
palatalarining Axborotnomasi, 2019 y., 2-
son,
47-modda,
Qonun
hujjatlari
ma’lumotlari milliy bazasi,06.03.2019 y.,
3/19/527/2706-son,
05.09.2019
y.,
03/19/563/3685-son)
6.
O‘zbekiston
Respublikasining
“O‘zbekiston Respublikasida mulkchilik
to‘g‘risida”gi
Qonuni
(O‘zbekiston
Respublikasi qonun hujjatlari to‘plami, 2017
y., 37-son, 978-modda)
7.
O‘zbekiston Respublikasining “Xususiy
mulkni himoya qilish va mulkdorlar
huquqlarining kafolatlari to‘g‘risida”gi
Qonuni (O‘zbekiston Respublikasi qonun
hujjatlari to‘plami, 2017 y., 24-son, 487-
modda)
8.
O‘zbekiston Respublikasi Prezidentining
“Xususiy
mulkni
himoya
qilish
va
mulkdorlar
huquqlarining
kafolatlarini
kuchaytirish, tadbirkorlik tashabbuslari-ni
qo‘llab quvvatlash borasidagi ishlarni
tashkil qilish tizimini tubdan takomil-
lashtirish
bo‘yicha
qo‘shimcha
choratadbirlar, shuningdek, tadbirkorlik
sub’ektlarining moliyaviy resurslar va ishlab
chiqarish infratuzilmasidan foyda-lanish
imkoniyatlarini kengaytirish to‘g‘risida”gi
PF-5780-sonli Farmoni.
