Senators did not approve the Housing Code.  The document is prone to corruption

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At the twenty-ninth plenary session of the Senate today, 4 August, the Housing Code of the Republic of Uzbekistan was not approved by the senators.

In the development of the code, it was intended to further improve the procedure for the implementation of construction, reconstruction, and demolition works based on public needs, and to increase the responsibility of individuals and legal entities to comply with legislation and regulatory documents in the use of housing.

However, during the discussions, the senators noted that the mechanisms of application of certain norms were not sufficiently disclosed in the code.

In particular, the procedure for the implementation of the authority of the local government bodies to grant residences in the state housing fund to legal entities for use, for a specified purpose based on the terms of the lease agreement, has not been established.  This creates conditions for abuse of power and other corrupt situations.

It was also noted that there is no regulatory legal document that regulates the ways of privatization of housing by individuals and legal entities, that is, the way of building houses and obtaining bonds by individual builders' companies.

In addition, it is reflected in the code that it is possible to demolish a residence and build a new one in its place based on a contract with the owners, the contract is notarized and comes into force after obtaining the necessary permission for the construction of the residence, but the question about what type of contract remains abstract.

However, these issues are not reflected in the Civil Code, which regulates contractual legal relations.

At the same time, the technical rules of the legislation were not properly observed.  Some norms contradict each other.  State bodies are given discretionary (unlimited) powers by a number of articles, and several reference norms used in the code do not have sufficient grounds.  In turn, these situations can lead to various negative consequences.

At the end of the discussion, taking into account that the code regulates socio-economic relations that are important for the society, it was considered appropriate to improve the code with a thorough analysis of national legal documents, the experience of advanced foreign countries, and the opinions of legal scholars.


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