Nationalization

Nationalization

The Legal Framework of Nationalization in the Kyrgyz Republic

Starting from obtaining independence and until 2010 in the Kyrgyz Republic was nationalized only 1 object of private property. But during 5 month of 2010 new Government of the Kyrgyz Republic nationalized 41 object of private property. Currently, courts of Kyrgyzstan are considering 4 cases contending results of nationalization.

Nationalization in the Kyrgyz Republic remains highly problematic legal issue. Despite of provisions of new Constitution adopted in June, 2010, and provisions of previous Constitution, stating that the nationalization shall be conducted in correspondence with a law about nationalization, with fair compensation of cost of the property that fall under it and all possible losses that the owner may sustain, in Kyrgyz Republic was not adopted any law about nationalization, and civil legislation does not provide any clear methods of estimation of cost of the property and possible losses. Additionally, nationalization in the Kyrgyz Republic may be conducted only on the basis of court decision and for purposes of ensuring national security, public interests, public order, protection of health and morality of the population, protection of rights and freedoms of other individuals. However, the legislation provides no information on which court shall consider nationalization cases and by which legislative norms shall the court be guided with, does not provide clear definitions of public interest, national security and etc.

The fact that nationalization was conducted despite of all problematic legal issues related to it, makes also a highly actual practical issue. What are the measures to protect the property from unlawful appropriation? How to return the property that was already nationalized? Are there any instruments in international law and at supranational level to defend from the nationalization? Answers to these questions are highly significant for property owners and...