Feb. 3, 2024

The decision to terminate the land lease agreement was canceled

The head of Malika LLC (name changed), operating in the Nukus region of the Republic of Karakalpakstan, dissatisfied with the decision of the Council of People's Deputies of the Nukus region, turned to the Business Ombudsman for practical assistance in protecting his rights.


As it was established, by the corresponding decision of the khokim of the Nukus region dated February 9, 2021, 54.19 hectares of land intended for agriculture, which are on the balance sheet of the khokimiyati, were allocated to the category of unused land areas for the cultivation of agricultural crops.


However, on October 28, 2023, the Nukus District Kengash of People’s Deputies decided to file a lawsuit within a month on the issue of termination of the lease agreement for a land plot owned by the company.


The grounds for this were stated to be the use of land for other purposes (planting rice crops, illegal use of water).



However, according to the Decree of the President of the Republic of Uzbekistan UP-5742 dated June 17, 2019, it is determined that when reusing unused land areas, land users will be given the right to independently place agricultural crops, sow crops without cultivating the land and sublease land.

In addition, according to Article 36 of the Land Code, irrational use of a land plot is considered to be a low level of productivity of agricultural land compared to the standard for three years.

That is, Kengash tried to terminate the lease agreement with the entrepreneur, claiming that the land was not used for its intended purpose, despite the fact that not even three years had passed after the land was transferred to the entrepreneur.


It should be noted that the main activity of the Business Ombudsman in working with the problems of business entities is the restoration of their violated rights, providing them with legal assistance, and exercising their rights established by law.


The business ombudsman defended the rights of Malika LLC in the Nukus Interdistrict Administrative Court, and based on the court decision dated December 6, 2023, the decision of the Nukus District Kengash of People’s Deputies was declared invalid.


Thus, the society's problem was eliminated and practical support was provided for its activities.

Kasimov Dilmurod Sultanmuratovich

Business-ombudsman

An important aspect of the current reforms is not to find the shortcomings of entrepreneurs and punish them, but to teach them how to properly organize their work

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