The judiciary – as a main guarantee of protection of the right of ownership

Khaji-Murad Isakov

doi:10.47689/2181-1415-vol2-iss6-pp147-155

Khaji-Murad Isakov PhD in Law, Director at the Supreme school of judges under the Supreme judicial council, Tashkent, Uzbekistan

DOI

https://doi.org/10.47689/2181-1415-vol2-iss6-pp147-155

Keywords

human rights and freedoms , property , right of ownership , judiciary , independence of judges , Civil Code of the Republic of Uzbekistan , Plenum of the Supreme Court of the Republic of Uzbekistan , Constitution

Abstract

The right of ownership is recognized and protected by law in the Republic of Uzbekistan. Generally recognized principles, property rights, and freedom of contract are not strictly recognized. Which presuppose equality, autonomy of will and property independence of participants in civil law relations. Arbitrary interference in private affairs is not allowed. The freedom of ownership, use and disposal of property is conditioned, including the ability to alienate one's property into the ownership of other persons. Have their right to transfer property rights to someone, while remaining the owner, as well as their ownership rights, and the possibility of the right to use and dispose of.

This article analyzes the concept and genesis of the origin of property rights, and also substantiates the importance of protecting this right by the judicial power of any state. The author has studied the constitutional foundations, regulatory and legal mechanisms for ensuring the protection of property rights by the court. According to the results of the analysis, relevant conclusions were drawn and proposals were developed.

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References

Strategy of action of the Republic of Uzbekistan in five priority directions in 2017-2021 years. Appendix to Presidential Decree from 7 of February 2017, №PD-4947.

Festive Congratulations of President Sh. Mirziyoev on Constitution day on 7th of December 2020.

Presidential Decree “On Measures to ensure the true independence of judges and improve the efficiency of Anti-corruption actions in the judicial system” from December 7, 2020

Constitution of the Republic of Uzbekistan

Civil Code of the Republic of Uzbekistan

Resolution of the Plenum of the Supreme Economic Court of the Republic of Uzbekistan (as amended on May 19, 2018 No. 17) “On some issues of the application of legislation by economic courts when considering cases on the recognition of ownership”

Sklovskiy K.I. “Ob usloviyah predyavleniya iska o priznanii prava sobstvennosti” // Vestnik, 2008, №1, page 38

The Housing Code of the Republic of Uzbekistan [8]

Law “On Property in the Republic of Uzbekistan”

Law “On Protection of Private Property and Guarantees of Owners’ Rights”

Law of the Republic of Uzbekistan “On Amendments and additions to some legislative acts of the Republic of Uzbekistan, in connection with further strengthening of guarantees of the rights and legitimate interests of owners” from December 24, 2020

Law of the Republic of Uzbekistan “On the Protection of Private Property and Guarantees of Owners’ Rights”

Law of the Republic of Uzbekistan “On local bodies of state authority”

Order of the President of the Republic of Uzbekistan from August 3, 2019 No. R-5491

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Published

2022-01-19

How to Cite

Isakov, K.-M. (2022). The judiciary – as a main guarantee of protection of the right of ownership. Society and Innovation, 2(6), 147–155. https://doi.org/10.47689/2181-1415-vol2-iss6-pp147-155