Ministry of Justice provides clarification on the “guarantee letter” during demolition

A “guarantee letter” published on the Facebook page of the group “Tashkent-SNOS” was responded by the Ministry of Justice.

In general, the Uzbek citizens wanted to know about a “guarantee letter”. Currently, some representatives of the administration and many investors offer various “guarantee letters” to residents whose houses have been demolished. The question was answered by the deputy head of the department at the Ministry of Justice A. Nabirayev.

The full text of the letter:

“The Ministry of Justice, having considered your appeal regarding explanation of the issuance of a guarantee letter by the khokim when withdrawing land for state and public needs, reports the following:

The order of demolition of residential buildings (apartments) owned by citizens in connection with the seizure of land for state or public needs of owners, as well as damages in this regard are regulated directly by the Housing Code, decree No.5495 of the President “On measures to drastically improve the investment climate in the Republic of Uzbekistan” dated August 1, 2018, the Regulation on the procedure for compensation of losses to citizens and legal entities in connection with the seizure of land for state and public needs, approved by resolution No.97 of the Cabinet of Ministers of May 29, 2006.

According to the listed legislative acts, in the event of such a demolition, the owner of residential buildings (apartments), at his choice and by agreement with the district khokim, shall be provided with other equivalent living accommodation (if there are plantations, their value is paid) or their market value is paid.

From September 1, 2018, a procedure is established according to which the decision on withdrawal should be made only after an open discussion with the owner (members of his family, citizens permanently living in them), evaluation of benefits and costs, at the same time, the demolition of housing is allowed after full refund of his market cost and loss due to seizure.

Issuance of a guarantee letter by the khokim for full compensation of the losses incurred to the owner in connection with the seizure of land plots for state and public needs is not provided for by legislative acts.

In addition, such a guarantee letter is not a document confirming the emergence and transfer of ownership of residential real estate.

In accordance with Articles 1 and 6 of the Law “On state power at places”, the district khokim is the highest official of the district and at the same time heads the representative and executive authority in the relevant territory. The acts adopted by him are binding for all enterprises, officials and citizens located in the district.

It is reported that in the case of granting the property of another dwelling instead of the demolished one, the new owner is obliged, within one month from the date of occurrence of the title, to it to apply for state registration of the right to the property. For registration, one can contact any of the Centers for Public Service or through the Single portal of interactive public services.

In case of disagreement with the answer, you have the right to go to court”.

As it can be seen from the above facts, “guarantee letters” are not provided for by law.