LEGAL REGIME OF UNAUTHORIZED CONSTRUCTIONS: PROBLEMS OF THE LEGISLATION OF UZBEKISTAN AND DIRECTIONS FOR ITS IMPROVEMENT

Abstract

This article analyzes the legal regime of unauthorized buildings and critical issues related to their regulation. These problems have not lost their relevance for a long time and negatively affect the provision of guarantees for the inviolability of property rights in our country. The study examines the legal foundations of this institution in the legislation of the Republic of Uzbekistan, specifically the relevant norms of the Civil Code, and identifies the main problems encountered in judicial practice. The results of the study showed that the insufficient definition of clear criteria for the mechanism of recognition of ownership rights in the consideration of disputes related to unauthorized buildings, the lack of a special statute of limitations for such disputes, and the fact that the measure of demolition of the building is often used as a priority cause certain difficulties in practice. The article also analyzes the experience of legal regulation in this area in England, Germany, and Italy. Based on this analysis, a number of proposals aimed at improving the legislation of Uzbekistan have been developed. In particular, the necessity of establishing a clear statute of limitations for disputes related to unauthorized buildings, introducing mechanisms for adapting buildings to legislative requirements, and strengthening state control over the construction process is substantiated.