Site working in testing mode

Legal information - for everyone, always and everywhere!

  • 2290 марта ўқилди

Foreign citizens and stateless persons permanently residing in Uzbekistan enjoy rights on its territory and bear responsibilities in family relations on a par with citizens of Uzbekistan.

Family matters

Marriage registration

Marriage registration is carried out by the Civil Registry Offices at the place of residence of one of the persons entering into a marriage on the basis of a declaration of marriage stating the desire to marry 1 (one) month before its registration.

Registration of marriage between a citizen of Uzbekistan and a foreign citizen or a stateless person is performed upon presentation of a valid visa to stay in Uzbekistan

Documents required for marriage registration
  •  copy of the document confirming identity;
  • a document legalized or apostilled (together with a translation into the state language) stating that a foreign citizen or stateless person is not married.

After registration of marriage, a marriage certificate is issued.

At the same time, a note on registration of a marriage is affixed in identity documents.

In the event of a change in the name of one of the spouses in the identity document, a note is made about the need to exchange it.

Recognition of marriages valid and invalid

Marriages between citizens of Uzbekistan and foreign citizens or stateless persons concluded outside of Uzbekistan in compliance with the laws of the state in whose territory they are concluded are recognized as valid in Uzbekistan.

Marriages between foreign nationals concluded outside the territory of Uzbekistan in compliance with the laws of the state in whose territory they are concluded are recognized as valid in Uzbekistan.

Marriage is invalid in the following cases:

  • involuntary marriage
  • violations of the marriage age established for men at 18 (eighteen), for women at 17 (seventeen).
  • the presence of a registered marriage of one of the persons
  • marriage between relatives in a direct ascending and descending line, between full and half siblings, as well as between adoptive parents and adopted children;
  • marriage between persons, if at least one them  is recognized by a court as incapable due to a mental disorder (mental illness or dementia).
  • entering into a fictitious marriage, that is, if the spouse or one of them registered the marriage without the intention to start a family;
  • Concealment of presence of a sexually transmitted disease or a human immunodeficiency virus (HIV)

The marriage is declared invalid only in a judicial order by courts.

Divorce

;;;Divorce with the mutual consent of the spouses

If there is no common minor children or property disputes an application for divorce is submitted to the Civil Registry Office (ЗАГС) and confirmed that they have no common minor children or property disputes.

Registration of divorce is made upon expiration of 3 (three) months from the date of submission of the application to the Civil Registry Office at the place of residence of the applicants.

;;;Divorce upon application of one of the spouses

Followings are submitted to the  Civil Registry Office:

  • a court decision that has entered into legal force declaring a spouse incapable or missing;
  • an extract from a court verdict that has entered into legal force on conviction of a spouse to imprisonment for a term of at least 3 (three) years,
  • confirmation by the convicted spouse of the absence of disputes about children and property.

;;;Divorce in court

Divorce in court is carried out in the presence of a dispute between the spouses on:

  • children;
  • division of property which is the joint property of spouses;
  • payment of funds for the maintenance of the needy disabled

2. In the absence of an agreement between the spouses on the above issues, the court must:

  • determine which of the parents the minor children will live with after the dissolution of the marriage;
  •  determine what amounts alimony and which of the parents  will pay it out for maintenance of minor children;
  • at the request of the spouses (one of them) to make a division of property in their joint ownership;
  • determine, at the request of a spouse who is entitled to receive maintenance from the other spouse and the amount of it.

If the division of property affects the interests of third parties, the court must allocate the requirement of division of property into separate proceedings.

3. Marriage shall be terminated from the date of registration of the dissolution of marriage in the civil status registration authority.

Right to judicial protection

Foreign citizens and stateless persons have the right to appeal to the courts of Uzbekistan and enjoy civil procedural rights on a par with citizens of Uzbekistan.

In accordance with the procedure established by the legislation of Uzbekistan, reciprocal restrictions may be imposed on citizens of those states in which special restrictions on the civil procedural rights of citizens of Uzbekistan are allowed.

Appeal to the court in the form of:
  • statement of claim - on disputes arising from civil law relations;
  • applications — for writ proceedings, special proceedings,
  • complaints (protest) — when applying to the courts of appeal, cassation and Supervisory instance.

The appeal and attached documents can be sent to the court in the form of an electronic document.

Proceedings are conducted in Uzbek, Karakalpak or the language of the majority of the population of the area.

Persons who do not know the language in which the proceedings are conducted are guaranteed the right to full familiarity with the case file, the right to give evidence and explanations, to appear in court, to make statements and to make petitions in their native language or in another language that they know, as well as to use the services of an interpreter.

In the case of a written application for the issuance of judicial documents, the requested documents shall be handed over to the person in translation into his / her native language or into another language he / she speaks.

Foreign citizens may conduct their cases in court in person or through representatives.

Personal participation in the case of a foreign citizen does not deprive him of the right to have a representative in the case

Persons participating in the case have the right:
  • get acquainted with the case materials,
  • make extracts from them,
  • make copies,
  • declare objections
  • present evidence
  • participate in the study of evidence
  • ask questions to other persons involved in the case and persons
  • promoting justice
  • make statements
  • make petitions,
  • give oral and written explanations to the court
  • state your arguments on all issues arising during the ,
  • to object to statements, petitions, arguments of other persons,
  • appeal against judicial acts,
  • to demand the enforcement of judicial acts,
  • be present and exercise their rights when actions are performed by a state executive.

Rights and responsibilities

The parties enjoy equal procedural rights and equal responsibilities.

The plaintiff is entitled to:

  • change the basis or subject of the claims,
  • submit additional requirements,
  • increase or decrease the amount of claims
  • fully or partially abandon them.

Defendant is entitled to:

  • fully or partially recognize the plaintiff's claims,
  •  make a counter-claim.

Termination of the judicial process.

The parties to the claim proceedings have the right to end the case by concluding a settlement agreement at any stage of the judicial process.

The court shall terminate the proceedings if:

  • 1) the case is beyond the jurisdiction of the court;
  • 2) there is a decision or ruling of a civil court, economic court or administrative court or a competent foreign court on the acceptance of the plaintiff's refusal from the stated requirements or on the approval of the settlement agreement of the parties, which has entered into legal force on the dispute between the same parties, on the same subject matter and on the same grounds;
  • 3) the plaintiff refused the claims and the refusal was accepted by the court;
  • 4) the parties have entered into a settlement agreement and it is approved by the court;
  • 5) there is a decision of the arbitration court adopted on the dispute between the same parties, on the same subject and on the same grounds, except for cases when the court refused to issue a writ of execution for the enforcement of the decision of the arbitration court;
  • 6) after the death of a person who was one of the parties to the case, the disputed legal relationship does not allow succession;
  • 7) the organization acting as the party in the case is liquidated

In case of termination of proceedings in the case of a secondary appeal to the court in a dispute between the same parties, on the same subject and on the same grounds is not allowed.

Court costs

Court costs consist of the state fee and costs associated with the consideration of the case.

.

Civil cases filed with the courts:

а)

statements of claim of property character:

— 4 % of the claim price, but not less than the minimum wage (8 109,20 sum);

b)

complaints of unlawful actions of public administration bodies and officials infringing the rights of individuals (shall be collected when the court decision is made by the guilty party)

— 1 minimum wage (sum of 202 730.00 );

Note: When applying to the courts within the framework of entrepreneurial activity, small businesses shall pay the state fee specified in subparagraphs "d" and "z" of this paragraph, in the amount of 50 percent of the established rate.

c)

claims for divorce

— 2-times of the minimum wage (405 460.00);

 

claims for dissolution of remarriage

— 4 times of the minimum wage (810 920,00 sum);

 

in case of division of property upon dissolution of marriage

the fee is determined by the price of the claim in accordance with paragraph 1 (a);

d)

statements of claim for divorce from the persons recognized in accordance with the established procedure as missing or incapable due to mental illness or dementia, or with persons sentenced to imprisonment for a term of not less than three years

— 2% of the minimum wage (4 054,60 sum);

e)

statements of claim on change or termination of the tenancy agreement, on extension of term of acceptance of inheritance, on release of property from arrest and from other statements of claim of non-property character (or not subject to assessment)

— 2-times of the minimum wage (405 460.00);

f)

applications (complaints) in special proceedings

— 1 minimum wage (sum of 202 730.00);

Note. For consideration of applications for recognition of paternity (establishment), the origin of the child from the mother, as well as the time of his birth, the state fee is not charged.

g)

appeals, cassation and Supervisory appeals against court decisions

— 50 percent of the rate payable when filing a claim or other application, complaint, and property disputes — the rate calculated in accordance with subparagraph "a" of this paragraph;

 

civil lawsuits in a criminal case

— 10 percent of the cost of the claim;

h)

for the issuance of duplicates and copies of court decisions, sentences, orders, other court decisions, as well as copies of other documents from the case, issued by the courts at the request of the parties and other persons involved in the case

— 0.5 per cent of the minimum wage for each page of the document (101,365. 00 sum);

i)

statements for issue of a writ of execution for forced execution of decisions of the arbitration court, with statements about cancellation of decisions of the arbitration court

— 2 minimum wages.(405 460.00)

Buying real esta

1. A foreign citizen or stateless person can buy a house in the Tashkent region upon presence of  a permanent residence in the city of Tashkent or Tashkent region.

Foreign citizens or persons without citizenship having permanent residence in other regions of the Republic, and also coming from other States and received a residence permit, can purchase real estate in new buildings of Tashkent city and Tashkent region that is worth at least 3,300 minimum wages with settlements through Bank accounts.

2.The purchase of housing must be notarized.

To do this, you must contact the notary offices of Uzbekistan with the following documents:

  • a document confirming the identity of the person (national passport or residence permit or accreditation card)
  • documents confirming the sale of foreign currency for real estate to the Bank of Uzbekistan, as well as the transfer of funds in national currency received as a result of the sale of foreign currency to the Bank account of the seller.

3. For citizens of a number of countries, a residence permit is provided upon an acquisition of real estate in the amount:

  • the equivalent of at least 400 000 US dollars in Tashkent region and the city of Tashkent
  • the equivalent of at least 200 000 US dollars in Samarkand, Bukhara, Namangan, Andijan, Ferghana and Khorezm regions  
  • the equivalent of not less than 100 000 US dollars in thr Republic of Karakalpakstan and other regions of the Republic

The list of countries whose citizens have the right to obtain a residence permit subject to the acquisition of real estate.

Chat