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

of September 24, 2004 No. 14

About court practice on the disputes connected with the property right to the apartment house of individual construction

According to article 65 of the Constitution of the Republic of Uzbekistan the private property is inviolable and is protected by the state.

Individual housing construction serves satisfaction of need of citizens for housing, and the state in every possible way helps individual construction of houses by withdrawal of the parcels of land, provision of loans and the credits.

The correct application of the legislation by consideration by courts of cases on disputes on the property right to the apartment house is important in ensuring protection of constitutional right of citizens on private property.

Generalization of court practice on this category of cases showed that cases are permitted by courts generally correctly. At the same time, courts make mistakes in case of the dispute resolution about share apportionment (the Section of houses), about the determination of procedure for use and other disputes connected with the property right to the apartment house. By preparation of cases for legal proceedings the relevant documents are not always requested, construction technical expertize is not appointed in necessary cases.

For the purpose of elimination of noted shortcomings and ensuring the correct application of the legislation in case of permission by courts of the specified cases, according to article 17 of the Law of the Republic of Uzbekistan "About courts", the Plenum of the Supreme Court of the Republic of Uzbekistan decides:

1. Draw the attention of courts that the correct permission of cases on the disputes connected with the property right to the apartment house is important in ensuring strict observance of established procedure of individual housing construction, protection of the rights and the interests of citizens protected by the law.

2. It must be kept in mind that the disputes connected with the property right to the apartment house, in particular are subordinated to courts:

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