Legislative amendments in land tenure arrangements in Uzbekistan

The Decree of the President of the Republic of Uzbekistan “On measures to ensure equality and transparency in land tenure arrangements, reliable protection of land rights and their transformation into a market asset” No.УП-6243 dated on June 8, 2021 (the “Decree No.УП-6243”) introduced a number of changes in the legislation on land.

According to the Decree No.УП-6243 land is allocated on the basis of the right of permanent use to State bodies, institutions, enterprises and citizens' self-governing bodies. In implementing PPP projects, land is allocated to the public authority on the basis of permanent use. Land is allocated to the private sector on the basis of ownership and leases. In implementing PPP projects, land is allocated to a private partner on lease for the duration of the agreement.

The allocation and ownership of agricultural and non-agricultural land now differ. If land for agricultural purposes is allocated only on the basis of an e-contest, non-agricultural land can be allocated on the basis of ownership and leases following an online auction.

In all cases, it is not permitted to separate land from the owner or to transfer it to reserve land. From August 1, 2021, local authorities are prohibited from directly allocating land plots or otherwise disposing of them, except in the cases specified in the legislation (for example, approval of the result of tender on a land plot allocation). In addition, the following powers of local public authorities are revoked:

• allocation of land for collective horticulture, grapes;
• conversion of irrigated land to rain-fed land;
• establishing, recognizing or changing property rights;
• establishing investment obligations.

From August 1, 2021, there will be established electronic procedures for the workflow in the sphere of land relations. All land deeds will be entered into the Unified Electronic System. The next step is a compulsory legal expertise procedure by the judicial authorities. The existence of a positive legal assessment of a land act is the basis for its adoption by the local authorities.

A Republican Council and local territorial councils are being set up to identify and address gaps in land relations and to improve land legislation, taking into account the foreign experience of developed countries.