Investments represent a key factor in sustainable economic development and modernization of the national economy. To attract both domestic and foreign investors, the Republic of Uzbekistan, through the Law “On Investments and Investment Activities” dated December 25, 2019, No. ZRU-598, has established a comprehensive system of guarantees and measures to protect the rights of subjects of investment activity. These guarantees form the foundation of the investment climate, contribute to reducing legal risks, and increase trust in state institutions.
1. State Guarantees of the Rights of Investment Activity Subjects
According to Chapter 3 of the Law, the State undertakes the obligation to ensure a non-discriminatory regime, legal certainty, and protection of investments.
The main directions of these guarantees include:
2. State Protection of Investments
Protection of investments in Uzbekistan is ensured through a set of measures aimed at preventing unlawful expropriation of assets and minimizing political risks:
3. Tables
Table 1. State Guarantees of the Rights of Investment Activity Subjects
|
№ |
Type of Guarantee |
Content |
Legal Basis |
|
1 |
Inviolability of activity |
Authorities have no right to interfere without legal grounds |
Art. 15 |
|
2 |
Non-discriminatory regime |
Equal conditions for foreign and domestic investors |
Art. 15 |
|
3 |
Free disposal of income |
Ability to reinvest or use income at one’s discretion |
Art. 16 |
|
4 |
Free transfer of funds |
Repatriation of profits, capital, and compensations in foreign currency |
Art. 17 |
|
5 |
Guarantee of investment return |
Right to repatriate assets upon termination of activity |
Art. 18 |
|
6 |
Protection from legislative deterioration |
Application of previous legal conditions for 10 years |
Art. 19 |
|
7 |
Transparency and openness |
Unpublished acts have no legal effect |
Art. 20 |
Table 2. State Measures for the Protection of Investments
|
№ |
Protection Measure |
Implementation Mechanism |
Legal Basis |
|
1 |
Prohibition of nationalization |
Investments are not subject to nationalization |
Art. 21 |
|
2 |
Limited cases of requisition |
Only in emergencies, accidents, epidemics; with compensation |
Art. 21 |
|
3 |
Judicial and arbitral protection |
Ability to challenge the legality and amount of expropriations |
Art. 21, 63 |
|
4 |
Additional guarantees |
Tax incentives, financing, preferences |
Art. 22 |
|
5 |
Most-favored-nation principle |
Application of the most advantageous norms |
Art. 23 |
The established guarantees reflect international standards of investment protection, including provisions of the Washington Convention (ICSID) and model investment agreements. A special significance is attached to the ten-year stabilization clause (Art. 19), which helps neutralize legal risks and creates a predictable environment for investors.
At the same time, the Law maintains a balance between state and investor interests: the protection of national security and environmental interests may justify certain limitations of rights, consistent with the principle of proportionality in international law.
State guarantees and investment protection in Uzbekistan form the legal foundation of a favorable investment climate, enhancing confidence in the national jurisdiction. They combine legal stability, protection from political risks, and equal treatment for both domestic and foreign investors.
Thus, the Republic of Uzbekistan demonstrates a clear commitment to integrating international standards into its national investment legislation — a vital condition for long-term economic growth.