Ground-Related Judicial Dispute Resolution Theoretical and Practical Problems: National Experience and The Implementation of Foreign Institutions
Abstract
This scientific article analyzes the legal nature of disputes arising from land relations, the procedural features of their judicial review, and systemic problems in the application of substantive law norms.
The article discusses issues such as the invalidation of acts by local government authorities on the allocation and seizure of land, the return of land plots for state and public needs with compensation, as well as jurisdiction between economic and civil courts.
The comparative-legal part of the article examines the practice of applying land dispute resolution mechanisms (mediation), easement, and the institution of "eminent domain" through alternative methods in continental (Germany, South Korea) and Anglo-Saxon (Great Britain, USA) legal systems, and puts forward scientific and practical proposals for improving national legislation.
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References
- The Constitution of the Republic of Uzbekistan
- Land Code of the Republic of Uzbekistan. - 01.07.1998 (with the latest changes and additions), https://lex.uz/uz/docs/152653#153979
- "Code on Administrative Litigation." - 01.04.2018, https://lex.uz/docs/3527353
- Resolution of the Plenum of the Supreme Court No. 28 dated November 20, 2023, "On certain issues of applying the norms of legislative acts when considering land disputes in courts." https://lex.uz/ru/docs/6687150
- Law No. ZRU-781 dated June 29, 2022 "On procedures for the seizure of land plots for public needs with compensation." https://lex.uz/ru/docs/6087433#6089229
- Bürgerliches Gesetzbuch (BGB) – German Civil Code (English text and commentaries).
- United States Constitution, Fifth Amendment - analysis of the concepts of "Eminent Domain" and "Just Compensation."
- Lands Chamber of the Upper Tribunal Guide - a guide to the activities of UK Land tribunals.