Justice Ministry proposes to criminalize unlawful demolition

The Justice Ministry has developed a draft law on introducing amendments and addenda to some legislative acts, providing for increased responsibility of officials for damage caused to owners of real estate.

According to the press service of the Justice Ministry, on December 23, the draft law was submitted to the Legislative Chamber of Oliy Majlis.

The bill provides for a number of rules aimed at strengthening the responsibility of officials for damage caused to owners of real estate. In particular, the draft document is to supplement the Code of Administrative Responsibility with a new Article – 61-3. According to the amendments, a violation of the procedure for the seizure of a land plot may result in a fine on officials in the amount from 100 to 150 times BCA.

At the same time, if the same offenses result in minor damage caused by the demolition of buildings, structures, felling, damage to trees and their parts without preliminary and full compensation for property at market value, they may entail the imposition of a fine on officials in the amount from 150 to 200 times the BCA.

However, if a violation of the procedure for the seizure of land occurs after administrative penalties, then for this, in accordance with the proposed new article 173-1 in the Criminal Code of Uzbekistan, criminal liability is established.

The sanction of the article provides for such measures as a fine from 200 to 250 times the BCA or from 300 to 360 hours of forced community service or up to 2 years of corrective labor.

In addition, the article proposes to tighten liability and penalties in cases of violation of the procedure for the seizure of land, which entailed the demolition of buildings and other structures, felling, damage to trees and their parts on the seized land without preliminary and full compensation for property at market value. In these cases, liability arises after the imposition of an administrative penalty for the actions listed above, or in the case of significant damage to the owner.

The Justice Ministry believes that the adoption of this bill will ensure the observance of the rights of owners and increase the responsibility of state bodies and officials in this regard.