RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE REPUBLIC OF UZBEKISTAN

of November 20, 2023 No. 28

About some questions of application of regulations of acts of the legislation by consideration of land disputes in courts

Proceeding from requirements of article 68 of the Constitution of the Republic of Uzbekistan, in view of that the earth is national wealth, is subject to rational use and it is protected by the state, for the purpose of the ensuring the correct and uniform application of the Land code of the Republic of Uzbekistan and other acts of the legislation governing land relations in case of permission of land disputes with courts, according to article 22 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan, decides:

Chapter I. General questions

1. Draw the attention of courts that acts of the legislation on the earth are determined by Article 3 of the Land code of the Republic of Uzbekistan (further by the text - the Land code).

In case of application of the legislation on the earth courts should pay attention that acts of the legislation in this sphere have no retroactive force, are applied to the relations which arose after their enforcement and can be applied to the relations which arose before their introduction in action only in cases when it is directly provided by the law.

At the same time administrative courts should estimate legality of the disputed administrative act or action (failure to act) of officials based on the acts of the legislation on the earth existing at the time of adoption of this administrative act or committed action (failure to act).

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