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I. Country
Report |
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Contact person for provided information:  |
Address:
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Alexander A. Samborsky, PhD
Main Administration of Geodesy, Cartography and State Cadastre at
the Cabinet of Ministers of the Republic of Uzbekistan (Uzgeodescadastre)
Deputy Chairman |
56, block "C", Chilanzar, Tashkent, 700097
UZBEKISTAN
Email: cadastre(at)mail.tps.uz
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| Information provided on 10
Jun. 2003 |
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A.
Country Context |
Uzbekistan
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Geographical Context:
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Uzbekistan, one of the Central Asian States lies in the heart
of Asia, in the territory known since ancient times as Bactria,
Maverannahr, and later on as Turkestan. Since ancient times, the
geopolitical location of Uzbekistan has been where the main caravan
roads traversed to link Asia and Europe, predicting the historical
richness of the land. The country is situated in the middle of
Central Asia between the Amu-Darya and Syr-Darya rivers. The highest
point is 4,643 m. The country has a land area of approximately
447,400 square km and total population approximately 26 million,
with a growth rate of about 2 %, the percentage of population
in urban areas is 37.3% and in rural areas 62.7%.
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Uzbekistan has a rich history. In the 14th century, Uzbek nomadic
tribes invaded from the north, conquering the small feudal states
of Timurids and formed their own state. In the second half of
the 19th century, the Bukhara, Khiva and Kokand khanates were
joined to the Russian Empire. The Russian Revolution in 1917 changed
the political situation in Turkestan and in 1922 Uzbekistan became
one of the republics of the USSR. Uzbekistan announced its independence
on September 1, 1991.
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Current Political and Administrative
Structures:
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The basic legal foundation is the Constitution adopted on December
8, 1992. The executive body is the president who is the head of
State and of Government. On April 4, 2002 a Constitutional Law
formed the new Uzbek parliament "Oliy Majlis" consisting of two
chambers - Legislative chamber (lower chamber) and a Senate (upper
chamber). The administrative structure of the Republic of Uzbekistan
consists of the Republic of Karakalpakstan, 13 provinces, including
Tashkent City, with 162 districts and 120 towns.
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Historical Outline of Cadastral
System:
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In pre-soviet Central Asia, the many land tenure variations followed
Islamic law and local traditions. The Khan or Emir owned all undeveloped
land and the public land that was administered locally. At that
time local rules (Adat) and Islamic law (Shariat) regulated land
tenure. Whoever started to utilise undeveloped land on continuous
basis became its owner. The land was transferable and subject
to tax depending on its nature. Private lands were inheritable
to all sons and therefore over times land holdings became fragmented.
After the 1917 revolution, all previous laws were abolished and
the all territory of Uzbekistan obeyed the laws of the USSR. Land
was nationalised and new agricultural collective farms (sovkhozes
and kolkhozes) were established. The first property inventory
and registration organization, which was named the Bureau of Technical
Inventory (BTI), was established 70 years ago. The first archive
materials in Tashkent date back to 1930's. The task was to make
an inventory and register ownership rights only to buildings and
structures. This was due to the situation that the State owned
practically all the land in the country.
After gaining independence, by the Resolution of the Cabinet
of Ministers of the Republic of Uzbekistan from 31.01.1996 ? 44,
there was organized a special state cadastral authority called
"Uzgeodescadastre". There are more than 180 cadastral services
subordinated to Uzgeodescadastre and located in each province
and district.
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B.
Institutional Framework |
Uzbekistan
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Government Organizations:
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The Uzbek land registration administration consists of two Government
organisations: State Committee of Land Resources (Goscomzem) and
Main Administration of Geodesy, Cartography and State Cadastre
at the Cabinet of Ministers (Uzgeodescadastre).
The responsibilities between them are allotted in the following
way:
- Goscomzem is responsible for cadastre and registration of
rural lands;
- Uzgeodescadastre is responsible for cadastre and registration
of lands in urban areas and also (through the incorporation
of the BTI services) for the registration of rights to buildings
and constructions.
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Private Sector Involvement:
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Mainly, cadastral surveys are produced by the state cadastral
services. At the same time legislation allows realisation of geodetic,
cartographic and cadastral works by private juridical and physical
persons. The main private sector is in the property valuation
area. Real property rights registration and conducting of cadastre
are only realised by state agencies. As a whole, there is tendency
in the country to widening of private sector participation in
cadastral works.
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Professional Organization or
Association:
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There are two professional organisations concerned with cadastral
activity.
Geodetic Society of Uzbekistan (UzGS) was created in the year
2000, when the Astronomy-Geodetic Society of Uzbekistan was split
into two organisations. The members of this society are both juridical
persons as well as physical ones, like the specialists in geodesy,
cartography, cadastre and land surveying who work in different
agencies and in private companies. The main objective of UzGS
is to assist the specialists' professional activity. UzGS counts
about 500 members and has branches in 3 regions. UzGS is going
to apply for membership in the International Federation of Surveyors
(FIG).
The Valuator's Association of Uzbekistan (UzVA), which has created
in 1999, unites juridical persons and specialists-valuators who
work in the state as well in the private sector. UzVA counts about
200 members and has branches in some regions. The main objective
of UzVA is assistance to the professional activity of specialists,
who practice in valuation of different types of property and property
rights valuation.
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Cadastral works are not liable to licensing. At the same time,
in according with legislation, geodetic, cartographic, valuation
activities are liable to licensing, it means that cadastral surveys
demand licensing. Licenses for geodetic and cartographic activity
are granted by Government and licenses for valuation work are
granted by the State Property Committee. Licenses are granted
to juridical and physical persons for five years, taking into
consideration the educational basis, experience of work and also
material support.
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Surveying programs are offered at three institutes, two in Tashkent
and one in Samarkand, as a 4-year bachelor degree of land cadastre,
land surveying, geographical information systems, geodesy and
cartography. The main institute, which provides land surveying
and land cadastre programs is the Tashkent Institute of Engineers
of Irrigation and Agricultural Mechanization (TIEIAM). The basic
degree is the bachelors' degree. The yearly intake is 130 students
and a total of 5,000 have graduated until this year. A Master's
program was started recently both in land surveying and land cadastre
and in geodesy and cartography. In addition, the Tashkent Technical
School for Geodesy and Cartography (TTSGC), which is a school
on college level cadastre, geodesy, cartography, economy and land
law. The curriculum consists of three or four year studies depending
of the length of their earlier school education. The four-year
program includes 700 hours of practise.
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C. Cadastral System |
Uzbekistan
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Purpose of Cadastral System:
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A modern cadastral system in Uzbekistan was begun to be formed
in the middle of 1990-th because of the conversion to a market
economy. In the beginning it was mostly oriented for fiscal purposes,
meaning land registration for taxation. Later the Government has
taken some decisions in 1997 and 1998 and also the Law "About
State Cadastres" came into force in the year 2000. According to
this, the main objective of the cadastral system became real property
rights registration with the purpose to give guaranties from the
State and for the development of the property market. Operating
today, the cadastral system fulfils three basic purposes:
- For the registration of real property rights (registration
system);
- For the recording and valuation of the property for taxation
(fiscal system);
- A geo-information system which combines legal, fiscal and
other information about property, necessary for the management,
planning and support of decision-making for many purposes (multi-purpose
cadastral system).
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Types of Cadastral Systems:
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According to the Law "About State Cadastres", there are about
20 cadastres being created in Uzbekistan: land cadastre, cadastre
of buildings and constructions, water cadastre, forest cadastre,
cadastre of mineral resources and more. The basic cadastre is
the land cadastre, which realises the functions of recording,
valuation and land plots rights registration.
At the same time, the multi-purpose cadastre of the territory
is created by Uzgeodescadastre. This means a geo-information system
named the Uniform System of State Cadastres (USSC).
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Article 3 of Law "About State Land Cadastre":
"State land cadastre is the main component of the Uniform System
of State Cadastres and in a system of information and documents
on natural, economic, legal type of lands, their categories, quality
characteristics and value, location and size of land parcels,
distribution of them among owners, possessors and users.
State land cadastre includes: state registration of rights to
land plots, lands quality and quantity accounting, appraisal of
soil, lands cost, and also systematization, holding and renewal
of land-cadastral information." Ownership and other rights to
land plots, easements, limitations, transferring and cessation
of rights are liable for registration. Registration of rights
to buildings and constructions are realised in the cadastre of
building and constructions. The cadastre of building and constructions
together with land cadastre form real property cadastre system.
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Content of Cadastral System:
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The Uzbek Land Cadastral System typically comprises the following
components:
Textual Component - state land register (book) identifying real
property parcels, which includes all land parcels and owners'
rights and restrictions of rights, such as ownership, easements,
mortgages etc.
Spatial Component - the cadastral maps show all land parcels
graphically corresponding to the registered title with plan numbers
and unique identifiers. These are all now digitized. Cadastral
maps consist of surveyed and not surveyed (for example natural)
boundaries. Most surveyed parcel boundaries have been determined
by cadastral surveys such as subdivision etc.
Rights to buildings and constructions are registered in a separate
register - cadastral book of building and constructions. Since
the year 2002 in 3 regions of country a computer real property
rights registration has began as an experiment. At the same time
the cadastral information systems` database is started to be created
on local as well as on central level. These systems include not
only registration, but also other additional information about
property objects.
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D. Cadastral Mapping |
Uzbekistan
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Cadastral Map:
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There are some types of land-cadastral maps, which serve as representation
of different land resources characteristics and the characters
of land using.
For the purpose of land plots rights registration, there are
special index cadastral maps (plans), which are made in the same
coordinate system and nomenclature as the topographic maps (plans).
The scales for index maps are: for rural areas 1: 5000, 1: 10000;
for urban areas 1: 500, 1: 2000.
The basic context of the index map (plan) is: boundaries of land
plots, cadastral numbers, main buildings, roads, water objects,
boundaries of easements, streets` names and more. The information
on the index map is put in only after registration of rights to
the land plot in the land register. Cadastral index maps (plans)
are conducted as traditional hard copies, but starting the year
2000, digital index maps (plans) are being created and conducted
in some regions.
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Example of a Cadastral Map:
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Below is an example of digital cadastral index map of Chirchik
town (Tashkent area).
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Role of Cadastral Layer in SDI:
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As said before, multi-purpose geo-information systems are being
created in Uzbekistan; base layer of such a system is the land
cadastre with data from land plots with unique cadastral numbers.
The core data sets of the SDI are organized in layers which include:
Geodetic Network, Administrative Boundaries, Cadastral Framework,
Topographic Coverage, Road Network, Address System and Geographical
Nomenclature. Gradually, additional data sets are being integrated
through collecting and contribution of different agencies. These
databases include features of Soils Type, Vegetation, Minerals,
Fauna Distribution, Hydrography, Historical Monuments, Real property
and so on.
The cadastral information is also providing accessibility to
land information from other sources involved in land and utilities
management and spatial analysis.
The Uniform System of State Cadastre is becoming increasingly
significant in a wide range of social, environmental and economic
activities.
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E. Reform Issues |
Uzbekistan
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Cadastral Issues:
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It should be noted, that the term "Cadastre" has been used only
by specialists until recently, but now almost all of layers of
population are forced to use and talk about cadastral and real
property registration matters. Accordingly, the quantity of registration
transactions growths more and more as real property is being involved
into the market.
The three the most important problems of cadastre and land administration
are:
- Distribution of functions of the state real property rights
registration between three differential agencies (fig. 2). Separate
registration complicates the forming of uniform state real property
rights register and information cadastral system in total. It
also creates complications for using of information, which has
to address to different services. During this year the situation
has improved with the incorporation of BTI into the Uzgeodescadastre
umbrella.

Fig. 2
- Material of residential buildings and its location land plots
inventory has been created over 70 years' time by the Bureau
of Technical Inventory without surveying of boundaries. This
does not give the possibility of its entering into the land
cadastre without additional measurements and cadastral survey.
Accordingly, new cadastral surveys of land plots with residential
buildings will demand additional time and funds for its realization.
- Regarding transferring to computer technology and cadastral
maps, it is necessary to decide on the problems of development
and entering to the computer system of earlier information (registration,
technical, economic and etc.). Also there are problems of digital
cartography base's creating and creating of its interface with
the textual data base, not to mention the problem of a massive
training of staff.
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When integrating in a uniform computer registration system, different
agencies and institutions will supply necessary information for
the system. Besides, the Government is considering the possibility
of necessary institutional reforms for solving the matter. On
the first stage of creating the computer information system, it
has the possibility of using foreign experience in the project,
for example with support of European Union and other international
organizations. The development work for this system has already
started.
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