Will privatized state property not be reclaimed? Davaktiv commented on the new law
In Uzbekistan, restrictions on reclaiming privatized state property are being strengthened. According to the new law, state bodies, including law enforcement agencies, cannot initiate the review or cancellation of privatization results. According to the heads of the State Assets Management Agency, this norm is necessary to strengthen the confidence of property owners.
Will privatized state property not be reclaimed? Davaktiv commented on the new law
Representatives of the State Assets Management Agency commented on the inclusion of a norm in the law stating that the results of privatization will not be reconsidered.
"Initiating issues regarding the reconsideration, invalidation, and cancellation of privatization results, including the valuation of objects and the results of examining the reliability of the valuation report, by state bodies, including regulatory, law enforcement agencies, and courts, shall be assessed as a violation of the inviolability of private property, and such cases shall not be accepted for consideration."
At a press conference held on August 17, Davaktiv officials were asked about the essence of this procedure, its difference from previous legislation, and whether it is possible to reclaim privatized state assets from now on.
According to Ulugbek Goziyev, head of the agency's legal department, the inviolability of private property has always been guaranteed in the Constitution, but there arose a need to further strengthen these guarantees in the legislation.
"This norm is actually based on the principle of the inviolability of property, which was previously established in our Constitution. However, this procedure was introduced because cases of reconsidering privatization results and reclaiming privatized property were carried out through courts and law enforcement agencies.
Initially, this issue was reflected in presidential decrees in 2020. Later, it was also included in the law on the privatization of state property.
The State Assets Management Agency has never had the authority to reconsider the results of privatization. After the privatization process is completed and the state title deed confirming private property is issued, the procedure for canceling this deed only by court has been preserved in the law. This procedure still exists today.
If you look at the Constitution, a property owner cannot be deprived of their property without a court decision, except on grounds specified by law," Goziyev said.
Goziyev noted that the new norm, first of all, applies to regulatory and law enforcement agencies, and, if necessary, to judicial authorities as well.