Law and Legal System of Uzbekistan

Detailed Table of Contents
List of Authors
Preface

Chapter I
International and Uzbek Law: The Doctrines of Transformation, Incorporation
and Self-Executing Treaties
by Ilias Bantekas

Chapter II
Constitutional Law
by Jumanazar Sultanov

Chapter III
Administrative Law
by Leonid Borisovich Khvan

Chapter IV
Civil Law
by Sanjar Rasulov

Chapter V
Property Law
by Akmal Kholmatovich Saidov

Chapter VI
Civil Procedure Law
by Murad Karimovich Azimov

Chapter VII
Corporate Law
by Umid Aripjanov and Aziz Aripjanov

Chapter VIII
Foreign Investment Law
by Igor Sidelnikov

Chapter IX
Criminal Procedure Law
by Shahriyor Khodjaev

Chapter X
Labor Law
by Mikhail Gasanov

Appendices

Index

DETAILED TABLE OF CONTENTS

Chapter I
International and Uzbek Law: The Doctrines of Transformation,
Incorporation and Self-Executing Treaties

1. Introduction
2. Dualist and Monist Theories in International Legal Discourse
2.1 The Soviet Approach to the Relationship between Domestic and International Law
3. The Doctrine of Supremacy in the Uzbek Constitution
3.1 Application of the Transformation Doctrine
4. Legislation Prioritising International Law and the Status of Reservations
5. Self-Executing Treaties in Uzbekistan
6. Subsequent Invalidation of an International Agreement
7. Incorporation of Customary International Law
8. Conclusion

Chapter II
Constitutional Law

1. The Notion of the Constitution and its Importance
2. Sources of Uzbek Constitutional Law
3. History of the Constitutional Law of the Republic of Uzbekistan
4. Principles of Constitutional Law
5. Constitutional Bases for Organizing State Power: The System of State Authorities in Uzbekistan
6. Elections and referendum
7. Formation and Activity of the Oliy Majlis (the Supreme Assembly)
7.1 The Legislative Chamber
7.2 The Senate
8. Presidential Governance and Executive Authority
9. Cabinet of Ministers
10. Local Bodies of State Authority
11. Constitutional Bases of Judicial Authority
12. Procedures for Amending the Constitution
13. Conclusion

Chapter III
Administrative Law

1. The Notion of State Administration
2. Notion, Meaning and Classification of Principles of Administrative Law
3. Subject, System and Methods of Administrative Law
4. Sources of Administrative Law
5. Particularities of Administrative Norms: Concept and Form of Administrative Relations
5.1 Regulation of the Administrative Status of Citizens
5.2 Administrative Status of Non-Governmental, Non-Commercial Organisations
6. Administrative Regimes
7. Administrative Status of Executive Bodies
7.1 Executive Power Agencies
8. State Service
9. Legal Acts in State Administration
10. Fundamental Features of Administrative Responsibility, Process and Jurisdiction
11. Administrative Procedural Law
12. Administrative Justice

Chapter IV
Civil Law

1. The History of the Civil Law of Uzbekistan
2. Sources of the Civil Law
2.1 Legislative acts
2.2 International Agreements of the Republic of Uzbekistan
2.3 Customs
3. General Principles
4. The Law of Persons
4.1 Physical Entities
4.2 Legal Entities
5. The Law of Obligations
5.1 General Overview
5.2 Securing performance of obligations
5.3 Liability
6. Contract Law

Chapter V
Property Law

1. Definition of Property Law
2. History of Property Law
3. Sources of Property Law
3.1 The Civil Code as a Fundamental Source of Property Law
4. Principles of Property Law
5. General Characteristics of Property Rights
5.1 Forms of Ownership
6. Purchase and Termination of Ownership Rights
7. Common Property
7.1 Ownership Rights on Land
8. Servitude
8.1 Condominium
9. The Right of Economic Management: The Right to Operative Administration
10. Protection of Ownership Rights
11. Tendencies in the development of Property Law
12. Generalized Conclusions

Chapter VI
Civil Procedure Law

1. Sources of Civil Procedure Law
2. Principles of Civil Procedure Law
2.1 The Principle of Permissiveness
2.2 Principle of Competitiveness
2.3 Principle of the Right of Access to Judicial Protection of Rights and Lawful Interests
2.4 Principle of Procedural Equality
2.5 Principle of Legal Truth
2.6 Principle of Judicial Guidance
3. Competence and Jurisdiction
4. Participants of the Civil Process
5. Evidence in Civil Procedure Law
6. Civil Proceedings Before First Instance Courts
6.1 Initiation of a Civil Action
6.2 Preparation of Civil Cases for Trial
6.3 The Procedure at Trial
6.3.1 Types of Decisions of First Instance Courts
6.4 Court Costs
6.5 Judicial Penalties, Procedural Periods, Court Notices and Summons
7. Appeal and Revision of Judgments
7.1 Introduction
7.2 Petition for Appeal
8. Cassation Complaints
9. Revision of Legality and Propriety of Judgments Entered into Force under Supervision Orders
10. Revision of Judgments in Connection with Newly Revealed Circumstances

Chapter VII
Corporate Law

1. Introduction
2. Policy Considerations
3. Sources of Company Laws
3.1 The Concept of Judicial Person
3.2 Legal Capacity and Ultra Vires
3.3 Taxation and Limited Liability
3.4 Continuity of Existence and Transferability
3.5 Firm Names and Public Records
4. Organizational Forms
4.1 Business Partnerships
5. Business Companies
6. Business Societies
7. Business Cooperatives
8. Business Enterprises
9. Foreign Enterprises
9.1 Registration

Chapter VIII
Foreign Investment Law

1. General Provisions
1.1 Basic Sources
1.2 Bilateral Investment and Double Taxation Treaties
2. Foreign Investment and Investors
2.1 Definition of Foreign Investment and Investors
2.2 Implementation of the State Foreign Investment Policy
2.3 Legal Forms of Investing
2.3.1 Joint Ventures versus Concession and Production Sharing
2.3.1(a) Joint Venture Corporations
2.3.1(b) Concession
2.3.1(c) Production Sharing
3. Foreign Investor Business Activity
3.1 General Investment Climate
3.2 Bank Accounts in Foreign Currency
3.2.1 Bank Accounts in Foreign Currency
3.3 Import Duties
3.4 Import Contract Registration
3.5 Requirements in Respect of the Execution of Contracts for Import of Consumer Goods and Services
3.5.1 Equipment and Components Importation
3.5.2 Certification of Import
3.6 Export, Export Duties, Licensing, Free-Trade Zones and Convertibility
3.6.1 Over-the-counter Market and Exchange Rates
3.6.2 Mandatory Foreign Currency Surrender Requirement
3.6.3 Uzbekistan’s Action Plan on the Introduction of Currency Convertibility
3.7 Repatriation of Profit
3.8 Land
3.9 Insurance and Security
3.10 Royalty Abroad
3.11 Intellectual Property Protection
3.12 Employment Relationships
4. Tax and Other Incentives for Foreign Investors
4.1 Standard Tax Regime and Privileges and Incentives
4.2 Foreign Investment Law and Statutory Privileges
4.3 Uzbekistan Investment Program
4.4 Case-by-case Privileges and Incentives
5. Foreign Investor Guarantees
5.1 The General Framework
5.2 Guarantees Against Nationalisation
5.3 Guarantees of Funds Utilisation
5.4 Loans in Foreign Currency
5.5 Guarantees of Funds Transfer
5.6 Liability for Abusing the Legislation on Guarantees and Measures of Protection 
     of Foreign Investors’ Rights

Chapter IX
Criminal Procedure Law

1. Introduction
2. Historical Background
3. Sources of Criminal Procedure Law
4. Principles of Criminal Procedure
4.1 Right to Counsel
4.2 Appeals Against Actions and Decisions
5. Pre-trial Proceedings
5.1 Initiation of a Criminal Case
5.2 Inquiry
5.3 Preliminary Investigation
5.4 Arrest and Detention
6. Trial
7. Appeal
8. Conclusion

Chapter X
Labor Law

1. Goals and Functions of Labor Law
2. The Subject Matter of Labor Law
3. Methods of Labor Law
4. The System of Labor Law
5. Principles of Labor Law
6. Sources of Labor Law

Appendices

Appendix I: ILO Conventions Ratified by the Republic of Uzbekistan as of 1 August 2003

Appendix II: Constitution of the Republic of Uzbekistan

Index

About the Editor:
Ilias Bantekas LLB (Athens), LLM (Liverpool), Ph.D. (Liverpool), is Reader and Director of the International Law Unit, Law School, University of Westminster. In 2000 he was the recipient of the International Committee of the Red Cross Paul Reuter Prize. He is a Barrister (Athens) and has procured advice on foreign and international law to law firms and NGOs throughout the world. He was a Fellow at Harvard Law School (2003-04). He has written over 30 articles and book chapters and is the author among others of: International Criminal Law (Cavendish, 2nd edition, with Susan Nash), Principles of Direct and Superior Responsibility in International Humanitarian Law (Juris/MUP, 2002), Oil and Gas Law in Kazakhstan: National and International Perspectives (Kluwer, 2004).

About the Contributors:

• Aziz Aripjanov LLB (Tashkent) is a Managing Partner in the law firm Azizov & Partners.
• Umid Aripjanov LLB (Tashkent), LLM (Case Western), Ph.D. (Tashkent) is Lecturer at the School of Law, University of Westminster in Tashkent and Counsel to USAID Enterprise Development Centre. He is also a CEP SCOUT Fellow.
• Murad Karimovich Azimov LLB (Tashkent), Ph.D. (Moscow) is Vice Chairman of the Uzbek Highest Economic Court and Senior Lecturer in Law at the Tashkent State Law Institute and the Legal Department of the National University of Uzbekistan.
• Mikhail Yuryevich Gasanov LLB (Tashkent), Ph.D. (Moscow), is Assistant Professor at the Tashkent State Law Institute and Deputy Director of the Uzbek Institute for Monitoring of Current Legislation of the Oliy Majlis (Parliament).
• Shahriyor Khodjaev LLB (Tashkent), Diploma (Warwick), LLM candidate (Essex), served as an attorney with the American Bar Association’s Central European and Eurasian Law Initiative (ABA/CEELI) Criminal Law Program.
• Leonid Borisovich Khvan LLB (Tashkent), (Ph.D. Russian Institute of Legislation), PhD. (Uzbek State Academy), is Assistant Professor of Administrative Law at the Tashkent State Law Institute and Director of the Centre for the Continuing Education of Uzbek Advocates.
• Sanjar Rasulov (LLB Tashkent) (LLM San Francisco) is Lecturer in both Tashkent State Law Institute and the University of Westminster in Tashkent.
• Akmal Kholmatovich Saidov LLB (Tashkent), Ph.D. (USSR State and Law Institute), LLD (USSR Philosophy and Law Institute), is Professor and Chair of International and Comparative Law at the University of World Economy and Diplomacy (UWED), UNESCO Chair of Human Rights at UWED, and Director of the National Centre for Human Rights.
• Igor Sidelnikov LLB (Belarus State), M.Sc. (LSE), LLM (John Marshall Chicago) is Managing Attorney at Denton Wilde Sapte’s representative office in Tashkent and Edmund Muskie Fellow as well as Fellow of Reuters Foundation.