Legal questions and answers

Can I get free legal aid?

Yes. The Constitution guarantees everyone the right to qualified legal assistance. The state pays for it in the cases the law names, including where a defence lawyer must take part in a criminal case. In a civil case the court secures a lawyer at state expense at a party's request.

The Constitution of the Republic of Uzbekistan

How much do lawyer services cost and how is the contract made?

The parties agree the lawyer's fee and write it in the contract on legal assistance. The contract must state the scope of the work, the payment procedure, and the extra costs. In a civil case, the winning party can recover representative costs from the other party within reasonable limits.

Fuqarolik kodeksi (birinchi qism)

How is registration at the place of residence arranged?

Article 32 of the Constitution guarantees freedom of movement and the choice of the place of stay and residence, except for the restrictions the law sets. Registration at the place of residence or stay carries a state duty. Living without registration brings a fine of three base calculation amounts (BHM).

The Constitution of the Republic of Uzbekistan

How do you appeal a decision of a state body?

You can first complain to the higher body, then file an application (complaint) with the administrative court. In administrative cases the burden of proof, as a rule, rests with the state body. As a general rule you file with the court within six months from the moment you learned of the violation.

Code of the Republic of Uzbekistan on Administrative proceedings

How do you apply to a state body?

Under the Constitution, everyone can address state bodies with an application, a proposal, or a complaint. The body must consider it in the procedure and the time limit that the law sets. If no answer comes, or it does not satisfy you, you can appeal to a higher body or to court.

The Constitution of the Republic of Uzbekistan

What can you do if a court judgment is not enforced?

When the judgment enters into force, the court issues a writ of execution. As a rule you file the writ with the state executor within three years from the date the judgment entered into force. The state executor levies on the debtor's accounts and property. You can appeal the executor's action or inaction to a court within ten days.

Civil procedure code of the Republic of Uzbekistan

How do you write a statement of claim to the court?

A statement of claim gives the name of the court, the details of the parties, the claimant's demand, the value of the claim, the facts and the evidence for them, and a list of attachments. Attach the documents and proof that you paid the state duty. A judge returns a claim that does not meet the law.

Civil procedure code of the Republic of Uzbekistan

Is your job kept when you are called up for military service?

Under article 168 of the Labour Code, a call-up for military service ends the employment contract on grounds outside the will of the parties. The employer pays severance pay. If the worker applies within three months of release from service, he has a priority right to a job at the former workplace.

Mehnat kodeksi

Which basic rights does the Constitution guarantee?

The Constitution guarantees the right to life, personal inviolability, inviolability of the home, judicial protection, qualified legal assistance, work and property. It also guarantees privacy of correspondence, freedom of movement, education and social security. No one is guilty until a court establishes guilt. These rights may be limited only by law.

The Constitution of the Republic of Uzbekistan

How much is the state duty when you go to court?

The Law on State Duty sets the amount. It depends on the type of claim, on the claim value in a property claim, and on the stage of the case. Some plaintiffs pay nothing, among them plaintiffs in labour disputes and in alimony cases. The duty is refunded if you overpaid or the court returned the claim.

Law of the Republic of Uzbekistan on state duty

What is a cassation complaint and when do you file it?

In civil cases you file a cassation complaint against court judgments that have entered into legal force and were not heard on appeal. The time limit is six months from the day the judgment of the first instance court enters into force. The cassation court checks legality, validity and fairness, and may examine new evidence.

Civil procedure code of the Republic of Uzbekistan

What is mediation and when does it help?

Mediation settles a dispute by the mutual agreement of the parties with a neutral mediator. It works before a court case and during one. The mediation agreement is made in writing and signed. If a party does not perform it voluntarily, the court issues a writ of execution.

Civil procedure code of the Republic of Uzbekistan

What rights do students and pupils have?

Article 50 of the Constitution guarantees everyone the right to education: general secondary education is compulsory and free. Under article 51, citizens may receive higher education in state educational organisations on a competitive basis at the expense of the state. A decision of an educational organisation can be appealed to a higher body or to a court.

The Constitution of the Republic of Uzbekistan

When do you file an appeal against a court judgment?

In civil cases you file an appeal against a judgment that has not entered into legal force, within one month from the day the court renders it. For cases heard under the simplified procedure and some other cases the time limit is ten days. A time limit missed for a valid reason can be restored.

Civil procedure code of the Republic of Uzbekistan

Which documents must be certified by a notary?

A transaction needs notarial certification in the cases the law names and at the demand of one party. These include sale and exchange of a house or flat, gift of real property, rent contracts, wills, marriage contracts, alimony agreements, mortgage contracts and powers of attorney for such transactions. A breach of the notarial form makes the transaction void.

Fuqarolik kodeksi

Can you work a second job?

Yes. Under article 432 of the Labour Code, a worker can take a second job with another employer, or at the main workplace, in the time free from the main work. The parties sign a separate employment contract. Pay follows the time worked, the output, or other terms in the contract.

Mehnat kodeksi

What can you do if you do not get your work book on dismissal?

The employer must give you the work book, or an extract from the electronic work book, on the day of dismissal. If the employer delays it, the employer pays the wage you did not receive, because without the document you cannot start a new job. Demand it in writing, and go to court if no answer comes.

Mehnat kodeksi

On what grounds can an employment contract be ended?

An employment contract ends by agreement of the parties, on expiry of its term, on the employee's initiative, on the employer's initiative, or by circumstances outside the will of the parties. The Labour Code sets a separate procedure and separate guarantees for each ground.

Mehnat kodeksi

How is a disciplinary penalty applied?

Before the employer applies a penalty, it must ask the employee for a written explanation. The penalty is applied within one month from the day the employer discovers the breach, and one breach carries only one penalty. An employee who disagrees may go to the labour disputes commission or to court.

Mehnat kodeksi

How is length of service counted and proved?

Length of service is counted from officially worked periods. The main proof is the work book, on paper or in electronic form. Employment contracts, orders, wage certificates and social insurance contribution records also prove it. If a document is lost, ask the organisation or the state archive for a certificate. With no other way, a court establishes the service.

Mehnat kodeksi

How many days of annual labour leave are you entitled to?

The minimum annual basic labour leave is 21 calendar days. For every five years of work in one organisation or industry, the employee gets 2 more calendar days, but not more than 8 calendar days in total.

Mehnat kodeksi

How is overtime work paid?

Overtime is work that a worker does beyond the working time set for him. Under article 262 of the Labour Code, the first two hours are paid at not less than one and a half times the rate, and later hours at not less than double. At the worker's wish, extra rest time can replace the higher pay.

Mehnat kodeksi

How is a staff reduction carried out by law?

A staff reduction must be real. The employer must warn the employee in writing at least two months before, and must offer the available vacancies. Some categories of employee have a preferential right to keep their job. If the employer breaks this procedure, the court reinstates the employee.

Mehnat kodeksi

How does the minimum wage apply?

The monthly pay of an employee who worked the monthly norm of working time and performed the labour function cannot be lower than the minimum wage. The President of the Republic of Uzbekistan sets the minimum for the whole territory, and it binds every employer.

Mehnat kodeksi

How is remote work formalised?

Remote work is set out in the employment contract or in an additional agreement to it, and confirmed by an order of the employer. Labour law applies to a remote employee: the pay must be comparable with the pay of employees in the office, and the annual leave must be at least 21 calendar days.

Mehnat kodeksi

How can you settle a labour dispute?

An individual labour dispute goes to the labour disputes commission or to the court. The employee chooses: the commission, or the district (city) civil court directly. The time limit to go to court is three months for reinstatement cases, and six months for most other disputes.

Mehnat kodeksi

How is maternity leave granted?

Maternity leave is 70 calendar days before the birth and 56 after it (70 days after a difficult birth or the birth of two or more children). The allowance is at least 75 per cent of average monthly pay. Child care leave then runs with an allowance until the child is two, and unpaid until three. The job is kept.

Mehnat kodeksi

How many hours a week is normal working time?

Normal working time must not exceed 40 hours a week, on a five-day week and on a six-day week alike. Work beyond the time set for the employee counts as overtime. Overtime is paid at a higher rate, or, if the employee wishes, is compensated with extra rest time.

Mehnat kodeksi

What payments are due on dismissal?

On the day the labour contract ends, the employer makes the full settlement — the unpaid wages and compensation for all unused leave. On dismissal at the employer's initiative (except grounds tied to the employee's fault) and on some other grounds, the employer also pays a severance benefit.

Mehnat kodeksi

How is a probation period set?

A probation period applies only if the employment contract states it. It cannot exceed three months, or six months for heads of organisations, their deputies, chief accountants and heads of separate units. During probation labour law applies to the employee in full. Some categories of employee get no probation period.

Mehnat kodeksi

What types of employment contract are there?

An employment contract may be open-ended, or fixed-term for no more than three years. A fixed-term contract is made only in the cases the law names. If the contract states no term, or there is no sufficient ground for a fixed term, the contract counts as open-ended.

Mehnat kodeksi

What should you do after an injury at work?

Tell the employer at once and get medical help. The employer must investigate and record the accident at work. The employer considers your application for compensation of the harm within ten days; if you do not agree with the decision, you can apply to the court.

Mehnat kodeksi

When does an employee carry material liability?

An employee answers for the direct actual damage caused to the employer. The general rule is limited liability within the average monthly wage. Full liability applies only in the cases the law names, for example when a written full liability agreement exists, or when the employee caused the damage deliberately.

Mehnat kodeksi

Where do you go if your wages are not paid?

First give the employer a written application and keep your own copy with a receipt mark. If no answer comes, complain to the Labour Inspectorate or file a claim in court. For late wages the employer carries material liability and must pay compensation for every day of delay.

Mehnat kodeksi

In what conditions may people under 18 work?

Workers under eighteen have shorter working hours (at most 36 hours a week from 16 to 18), a ban on harmful and dangerous work, and a compulsory medical check every year. The employer may not put them on night work, overtime or work on rest days.

Mehnat kodeksi

What should you check in a mortgage contract?

A mortgage is a pledge of real property. The contract is written, notarised and state-registered; a mortgage for a primary-market purchase needs no notarisation. A breach of these requirements makes the contract invalid. Check the rate, the payment schedule, early repayment and the foreclosure procedure. Out-of-court foreclosure needs a clause in the pledge contract or a later notarised agreement.

O‘zbekiston Respublikasining Fuqarolik kodeksi (birinchi qism)

What compensation applies when housing is taken for state needs?

The state takes housing for state needs only in the procedure that the law sets, and only with preliminary equivalent compensation. At the owner's choice, the state gives other equivalent housing, or pays in full the market value of the house, the buildings, and the right to the land plot.

Uy-joy kodeksi

How is a land plot allocated?

A land plot for ownership or lease is as a rule granted through an electronic online auction. Permanent use is granted by a decision of the regional or Tashkent city hokim in the cases the law names. Individuals hold land by ownership or lease. The right arises after state registration.

Yer kodeksi

How is an apartment building managed?

An apartment building is managed by the owners themselves, by a homeowners association, or by a management organisation. The general meeting of owners picks the method. The common property belongs to all owners in shared ownership. The general meeting also sets the amount of the mandatory contributions.

Uy-joy kodeksi

How do you get a building permit?

Under article 212 of the Civil Code, a building put up without the required permit, or on a land plot not allotted for it, is an unauthorised construction. Under the Urban Planning Code, work starts on documents approved after a positive expert opinion, and after the client notifies the territorial inspectorate.

Fuqarolik kodeksi (birinchi qism)

How do you register an inheritance of a home?

Under the Civil Code an heir acquires the inheritance from the time it opens, unless the heir renounces it. The notary at the place where the inheritance opened issues a certificate of the right to inherit at the heir's request, normally six months after the opening. Then register the right to the home with the state.

O‘zbekiston Respublikasining Fuqarolik kodeksi (ikkinchi qism)

How do you register a right to real property?

Ownership and other rights in rem over real property need state registration. A contract for the sale of a house or flat is certified by a notary and registered. The buyer's ownership arises when the contract is registered. Without the required registration the transaction is invalid.

Fuqarolik kodeksi (birinchi qism)

How can you settle a dispute with your neighbours?

First send a written request, keep a copy, and try to agree. If that fails, go to the building management or the mahalla committee, then to the competent state body. If the breach continues, file a claim in court to stop it, restore the earlier state and recover the loss. Gather evidence with photos, video and an act.

O‘zbekiston Respublikasining Fuqarolik kodeksi (birinchi qism)

What must a housing rent contract contain?

The Housing Code requires a housing rent contract to state how the housing is handed over, the rent term, the amount of rent and the payment dates, the condition of the housing and its equipment, how it is returned, the repair duties and the liability of the parties. The contract is written and registered.

Uy-joy kodeksi

What should you check when you buy a home?

Check the seller's ownership, that no arrest or pledge burdens the property, that there is no unauthorised construction or replanning, and who keeps the right to use the home. The sale contract is written, notarised, and registered by the state.

Uy-joy kodeksi

What should you do if a utility debt builds up?

First ask the supplier in writing for the calculation of the debt, then check it. If the calculation is wrong, send the supplier organisation a written objection. If the debt is real, you can agree on payment by instalments. Recovery goes through the court, including by the judicial order procedure.

Uy-joy kodeksi

Who pays the land tax and how?

The land tax falls on persons who hold a land plot in ownership, possession, use or lease. The tax base is the area of the plot, and for agricultural land it is the normative value. Local Kengashes set the exact rates from the base rates in the Tax Code.

Soliq kodeksi

How does customs clearance work when you import goods?

Customs clears the goods on the basis of a customs declaration. Customs duty, excise tax and customs fees are calculated from the customs value and (or) the quantity of the goods; the commodity code and the country of origin also affect the payment. An error in the declaration can bring extra charges and liability.

Customs code of the Republic of Uzbekistan

Do you need a cash register to take cash payments?

When a cash register or a payment terminal is mandatory, trade without one and failure to give the buyer a receipt are offences. Under article 221 of the Tax Code the fine is five million so'm, and a repeat violation doubles the fine.

Soliq kodeksi

What are the currency earnings requirements for an exporter?

Foreign currency must reach the foreign currency accounts of authorised banks in Uzbekistan in time and in full. The customs bodies track the performance of export contracts and find overdue receivables. A breach of this requirement brings a fine for officials, and deliberate concealment brings criminal liability.

O‘zbekiston Respublikasining Ma’muriy javobgarlik to‘g‘risidagi kodeksi

How is an inspection of a business carried out?

An inspection follows a risk analysis, and the Single System for the Electronic Registration of Inspections must register it. The inspector must hold a copy of the inspection order, a special certificate and an identity certificate. An inspection without registration is unlawful.

Tadbirkorlik erkinligi kafolatlari to‘g‘risidagi qonun

How do bankruptcy proceedings work?

A commercial legal entity that cannot fully satisfy creditors' monetary claims or pay taxes may be declared insolvent by the court. The economic court hears the case. The debtor, the creditors or other interested persons file the application. The Law on Insolvency sets the procedures.

Fuqarolik kodeksi

How do you file a claim in the economic court?

The economic court hears disputes in the economic sphere between legal entities and individual entrepreneurs. You file the claim in writing, pay the state duty, and attach the evidence. If the law or the contract provides it, you must first follow the pre-court claim procedure.

Iqtisodiy protsessual kodeksi

How can you recover a debt from a counterparty?

First send a written claim. A business entity must answer it within 15 days. If no answer comes, a dispute between business entities goes to the economic court, and a dispute between citizens goes to the civil court. The state enforcement officer enforces the court decision.

Fuqarolik kodeksi

How do you register a trademark?

The right to use a trademark comes from its registration. You file an application with the authorised body and pay the patent duty. The body then examines the mark by the classes of goods and services you chose. Unlawful use of another person's mark brings a fine.

Tadbirkorlik erkinligi kafolatlari to‘g‘risidagi qonun

How do you register as an individual entrepreneur?

Under article 24 of the Civil Code, a citizen can do business from the moment of state registration as an individual entrepreneur. Registration runs on the one-stop-shop principle and, as a rule, on a notification basis. The state charges a duty for the registration.

Fuqarolik kodeksi

How do you register a limited liability company?

A limited liability company is registered after the founding documents are ready, and counts as created from the moment of state registration. You need the founding documents (the charter, and a founding agreement where required) and the state duty. Tax registration gives the taxpayer number (STIR); then you open a bank account.

Fuqarolik kodeksi

What is the limitation period for a tax obligation?

Under article 88 of the Tax Code, unless the Code sets otherwise, the limitation period for a tax obligation is three years after the end of the tax period whose results determine the obligation. Within that period the tax body can run an audit and revise the amount of the taxes.

Soliq kodeksi

What should you check before you sign a contract?

The contract must name the parties, the subject, the price, the term, the payment procedure, and the liability. Under the Civil Code, if the parties do not agree all essential terms, including the subject, the contract counts as not concluded. Check the signatory's authority and the details first.

Fuqarolik kodeksi

What must you formalise when you hire an employee?

You conclude a written labour contract and issue a hiring order. The employee signs the order within three days from the day the work actually started. An official who breaks the labour legislation carries administrative liability.

Mehnat kodeksi

What should you do if a counterparty breaks the contract?

Record the breach and send a written claim. A business entity must answer the claim within 15 days. You can demand the penalty set by the law or the contract, and compensation for the losses. If there is no result, go to court.

Fuqarolik kodeksi

Which activities need a licence or a permit?

Legislation lists the activities that need a licence or a permit. An activity that is not on the list needs no permit. You can appeal a refusal to the higher body or straight to the court. Activity without a licence brings administrative, and in some cases criminal, liability, for example a fine of 15 to 20 BHM for citizens.

Tadbirkorlik erkinligi kafolatlari to‘g‘risidagi qonun

Which tax regimes are available to a business?

The Tax Code provides the generally established procedure and special tax regimes. The choice depends on the type of activity and the size of the income. Turnover tax applies when the total annual income does not exceed one billion so'm; from the day the threshold is passed, the move to VAT and profit tax is mandatory.

Soliq kodeksi

For how long and in what order can you be detained?

A detention record must be drawn up, stating the ground, the date and the exact time. A detained person may use a lawyer and may demand that a close relative is told. Detention lasts at most 48 hours from the actual detention; a court decision can extend it by another 48 hours.

Jinoyat-protsessual kodeksi

How long can administrative arrest last?

Under the Code on Administrative Responsibility, administrative arrest lasts from three to fifteen days. Under a state of emergency, for offences against public order, it lasts up to thirty days. The district (city) criminal court orders the arrest.

Ma’muriy javobgarlik to‘g‘risidagi kodeks

How can I complain about a law enforcement officer?

File the complaint with a superior official, with the prosecutor's office, or with the court. State the date of the event, the officer's details and which right the officer broke. A complaint about an investigator goes to the head of the investigation unit and to the supervising prosecutor.

Jinoyat-protsessual kodeksi

How do you pay and appeal a traffic fine?

You pay a fine for a breach of the traffic rules within sixty days from the day of the decision. If you do not agree, you can appeal the decision to a higher body or to court. You file the appeal within ten days from the day you received a copy of the decision.

Ma’muriy javobgarlik to‘g‘risidagi kodeks

What liability applies for petty hooliganism?

Petty hooliganism brings administrative liability: a fine of three to five times the base calculation amount (BHM), or administrative arrest for up to fifteen days. The court or the internal affairs body hears the case, and only the court imposes administrative arrest. You can appeal the decision.

Ma’muriy javobgarlik to‘g‘risidagi kodeks

What liability applies for theft?

Under article 169 of the Criminal Code, theft is the secret misappropriation of another person's property. Liability depends on the size of the damage, on the way the act was done and on any aggravating circumstances. Petty misappropriation of the property of an enterprise, institution or organisation brings administrative liability instead.

Jinoyat kodeksi

How long does a preliminary investigation last?

A pre-trial investigation must end within three months from the day the criminal case starts. The prosecutor of the Republic of Karakalpakstan, of a region or of the city of Tashkent can extend this to five months, and the Prosecutor General or his deputies to seven months. Participants may appeal the investigator's and the prosecutor's acts and decisions.

Jinoyat-protsessual kodeksi

What should you do after a traffic accident?

Stop the vehicle, switch on the hazard lights and put out a warning sign. Call an ambulance if anyone is hurt. Do not leave the scene: under article 137 of the Code on Administrative Liability that brings a fine, and a larger fine, loss of the licence or arrest after injury or large damage. Photograph everything.

Ma’muriy javobgarlik to‘g‘risidagi kodeks

What rights does a suspect have?

Under article 48 of the Criminal Procedure Code, a suspect has the right to know the suspicion, to refuse to give evidence, to have a defence lawyer and to appeal against acts and decisions. The right to a defence lawyer starts at the moment of the actual detention.

Jinoyat-protsessual kodeksi

What rights do you have as a witness?

Under article 66 of the Criminal Procedure Code, a witness can use the help of a lawyer, give evidence in the native language through an interpreter, read the record and add changes to it. A witness does not have to give evidence against himself or his close relatives.

Jinoyat-protsessual kodeksi

What should you do if you are a victim of fraud?

Go at once to the internal affairs body with a signed written application, and ask for the slip that confirms its registration. Keep every piece of evidence: the correspondence, the payment documents and the contracts. After the criminal case is opened, you may also bring a civil claim to recover the damage.

O‘zbekiston Respublikasining Jinoyat-protsessual kodeksi

When does a criminal record expire or get removed?

A criminal record expires when the term set by law passes, and that term depends on the type and length of the punishment. For imprisonment of up to five years, the term is four years after the punishment is served. A court can also remove the record early.

Jinoyat kodeksi

How is property divided in a divorce?

Property acquired during the marriage is the common joint property of the spouses and, unless the marriage contract says otherwise, is divided in equal shares. Property owned before the marriage, or received by inheritance or as a gift, stays personal. The court may depart from equal shares in the interests of the children.

Family code of the Republic of Uzbekistan

How does the adoption of a child work?

Adoption goes through the court. You file the application with the civil court where the child lives. The guardianship and trusteeship body inspects the living conditions and gives the court its opinion. The court acts in the child's interests; a child aged ten or over must consent. The law protects the secrecy of adoption.

Family code of the Republic of Uzbekistan

How are guardianship and trusteeship established?

Under article 174 of the Family Code, the khokim of the district or city establishes guardianship and trusteeship over minors left without parental care, over legally incapable persons and over persons with limited legal capacity. The guardian and the trustee protect their property rights and personal rights.

Family code of the Republic of Uzbekistan

How much child support must a parent pay?

If the parents have no agreement, the court awards alimony as a share of earnings and other income: one quarter for one child, one third for two children, and half for three or more. The court may reduce or increase that amount.

Family code of the Republic of Uzbekistan

What should you do if alimony is not paid?

If a court decision exists, take the writ of execution to the compulsory enforcement bureau. The debt comes first from the debtor's wages, then from money in accounts and from property. Unpaid alimony of more than two months in total brings administrative liability, and criminal liability after an administrative penalty.

Family code of the Republic of Uzbekistan

How can paternity be established?

The husband counts as the father of a child born in marriage. Outside marriage, paternity is established by a joint statement of the parents to the civil registry office (FHDYo), or through court procedure. After paternity is established, the child gets equal rights, which include maintenance and inheritance.

Family code of the Republic of Uzbekistan

How do you get a divorce in Uzbekistan?

If both spouses agree and they have no minor children, the civil registry office (FHDYo) dissolves the marriage. If there are children, or one side does not agree, only a court can do it. Under article 43 of the Family Code, one spouse alone can sometimes apply to the registry office.

Family code of the Republic of Uzbekistan

What is a marriage contract and how do you make one?

A marriage contract is an agreement that sets the property rights and duties of the spouses. You make it in writing and a notary certifies it. You can conclude it before the marriage or during the marriage; a contract made before the marriage takes effect on the day of the state registration of the marriage.

Family code of the Republic of Uzbekistan

What is the marriage age in Uzbekistan?

Under article 15 of the Family Code, the marriageable age for men and women is eighteen years. In exceptional cases the khokim of the district or city can reduce it by not more than one year. A marriage needs the mutual consent of the couple and state registration in the civil registry office (FHDYo).

Family code of the Republic of Uzbekistan

What rights does a child have?

A child has the right to live and grow up in a family, to know the parents and talk with them, to express an opinion, to have a name and a surname, and to own property. Under article 68 of the Family Code, the child's opinion counts at any age.

Family code of the Republic of Uzbekistan

When is a marriage recognised as invalid?

Only a court recognises a marriage as invalid, when the conditions of marriage were broken or the marriage is fictitious. This differs from divorce, because a marriage recognised as invalid counts as invalid from the moment of its conclusion and gives the spouses no personal or property rights.

Family code of the Republic of Uzbekistan

Who does the child live with after a divorce?

The parents' agreement sets where the child lives. If they cannot agree, the court decides. The court acts in the child's interests: it weighs the child's age, attachment, and each parent's means and conditions. The court considers the child's opinion regardless of the child's age.

Family code of the Republic of Uzbekistan

How is copyright protected?

Copyright arises from the fact that the author created the work: registration and other formalities are not needed. The law protects the form of expression, not the idea. After an infringement you may demand that it stops, claim damages and moral harm, and demand seizure of infringing copies.

Fuqarolik kodeksi (ikkinchi qism)

How long is the limitation period and how is it counted?

Under the Civil Code the general limitation period is three years. It runs from the day the person learned, or should have learned, of the breach of their right. An expired period does not stop the court from hearing the claim: the court applies limitation only on the application of a party to the dispute.

Fuqarolik kodeksi

How do you claim an inheritance?

An inheritance passes by will or by law. The heir acquires the inheritance from the moment it opens, unless the heir later renounces it. The notary at the place where the inheritance opened issues the certificate of the right to inherit, as a rule six months after that day.

Fuqarolik kodeksi (ikkinchi qism)

How can I recover compensation for damage?

The person who caused damage must compensate it in full, including lost profit, when an unlawful act harmed a person or property. That person is released from liability if they prove the damage arose without their fault. The owner of a source of increased danger answers as a rule regardless of fault.

Fuqarolik kodeksi (ikkinchi qism)

How do you document a loan properly?

A loan between citizens above ten times the base calculation amount (BHM), and any loan with a legal entity, must be in writing. A receipt from the borrower makes the contract written. Without the written form, witness evidence cannot prove the loan in a dispute. Late repayment carries interest under the law.

Fuqarolik kodeksi (ikkinchi qism)

How do you make a will?

A will is made in writing, states the place and time it was made, and is certified by a notary or in an equivalent way. Only the testator can make it in person. Heirs with a right to a compulsory share receive at least half of their share under the law, whatever the will says.

Fuqarolik kodeksi (ikkinchi qism)

How can you protect your honour and dignity?

If someone spreads untrue information that harms your honour, dignity or business reputation, you can demand a retraction through the court. If a mass medium spread the information, the retraction goes in that same medium. You can also claim damages and compensation for moral harm. The person who spread it must prove it is true.

Fuqarolik kodeksi

How can you terminate a contract?

A contract ends by agreement of the parties, unilaterally where allowed, or through the court. A unilateral refusal is possible only when the law or the contract allows it. You can go to court only after you offer the other party to terminate, and get a refusal or no answer in time. With no set time, wait thirty days.

Fuqarolik kodeksi

What can you do if the insurer refuses to pay?

The insurer must report its refusal decision not later than fifteen days after your application, and must give reasoned grounds for it. If the reason contradicts the contract or the law, send a written claim. You can challenge the refusal with a court action against the insurer.

Fuqarolik kodeksi (ikkinchi qism)

How do you draw up a power of attorney?

A power of attorney takes simple written form or notarial form. It needs notarial certification for transactions that require notarial form, such as the sale of a house or a flat, and for acts towards legal entities. A power of attorney without the date of issue is void. Without a stated term it lasts one year.

Fuqarolik kodeksi

Can you return goods that have no defect?

Article 433 of the Civil Code lets you exchange an unused non-food item within ten days of delivery, unless the seller announced a longer period, for the same item in another size, shape or colour. If the seller has none, you take the money back. You must keep the consumer properties and prove you bought it from that seller.

O‘zbekiston Respublikasining Fuqarolik kodeksi (ikkinchi qism)

What rights do I have if I buy faulty goods?

When a seller sells faulty goods and did not disclose the defects, the buyer may choose: replacement, free repair, a proportionate price cut, or cancellation of the contract with compensation for losses. Without a guarantee period, the defect must as a rule appear within two years after delivery.

Fuqarolik kodeksi (ikkinchi qism)