In what cases can you be evicted from your own home?

According to the United Nations, more than 1 billion people on earth are considered homeless, and more than 100 million people live in conditions that can hardly be called acceptable for habitation.

In recent years many cases of eviction of people have been recorded in Tajikistan. Specialists believe that many do not even know that, if necessary, property owners can demand compensation.

According to representatives of the PO «Independent Human Rights Protection Center», citizens are legally entitled to compensation for harm caused to the life, health or property of citizens.

In the case of demolition of a residential house in connection with the seizure of a land plot for state and public needs, the owner of the demolished property is provided with compensation by the urban-planning entity carrying out the demolition.

In accordance with the requirements of Article 263 of the Civil Code of the RT, the termination of the right of ownership of real estate in connection with a decision of a state body not directly aimed at the seizure of property from the owner, including a decision to seize a land plot on which the house, other buildings, structures or plantings belonging to the owner are located, is permitted only in the cases and manner established by legislative acts, with the provision to the owner of property of equal value and the reimbursement of other losses incurred, or with full compensation to them for the losses caused by the termination of the right of ownership.

In Tajikistan there are legal guarantees for the protection of owners’ housing rights, but many do not know about them.

For example, the laws in force at the national level:

The Constitution of the Republic of Tajikistan (articles 22, 32 and 36)

The Civil Code of the Republic of Tajikistan; (art. 11; 259 and 263)

The Civil Procedure Code of the Republic of Tajikistan;

The Administrative Court Procedure Code of the Republic of Tajikistan; (art. 28; 29)

The Housing Code of the Republic of Tajikistan; (Articles 118 and 154)

The Urban Planning Code of the Republic of Tajikistan; (art. 9; 27 and 85)

The Land Code of the Republic of Tajikistan; (para. 4 art. 2 (2); 19; 37 (g); 38; 40 and 41)

The Criminal Code of the Republic of Tajikistan. (art. 147; 247; 314 and 316)

1. The Law of the Republic of Tajikistan «On Appeals of Natural and Legal Persons»;

2. The Law of the Republic of Tajikistan «On the Right of Access to Information»;

3. The Law of the Republic of Tajikistan «On the Privatization of the Housing Fund in the Republic of Tajikistan»;

4. The Instruction «On the procedure for the legal registration of residential premises, buildings, structures and other objects in the cities, district centers, villages and settlements of the Republic of Tajikistan».

Take a look at our cards on in which cases you can be evicted and in which cases you cannot:

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