The Gulistan police turned a civil dispute into a criminal case. Now, a 50-year-old woman may spend New Year's in a Russian prison.

Complaint Regarding a Civil Dispute – to the Internal Affairs Department

A resident of the city of Gulistan, Munavvarxon Rajabova (names changed), submitted a statement to the head of the Gulistan Internal Affairs Department. In her appeal, she indicated that she wishes to re-register real estate that is currently registered in the name of her sister, Saodat Asadova, and requested assistance in this matter.

Typically, such disputes are resolved in civil court. However, in this case, the Internal Affairs Department registered the statement in the crime reporting log (form-1) and initiated a preliminary investigation.

Why is the Internal Affairs Department involved in property re-registration?

During the investigation, it was established that the object of the dispute – a non-residential premises on the first floor of a multi-apartment building – indeed belongs to Saodat Asadova. All relevant documents are registered in her name. Munavvarxon Rajabova has no formal relation to this property.

What happens next?

Such situations raise questions about why law enforcement agencies are dealing with matters that fall under the jurisdiction of civil courts. It is still unclear how this case will conclude, but it is evident that the woman found herself in a difficult situation, and the investigator may have exceeded his authority.

Saodat Asadova, who works as a nurse in St. Petersburg, became embroiled in this contentious case. She granted power of attorney to her son, allowing him to manage the apartment. Based on this power of attorney, her son sold the apartment to a third party through a notarized sale contract.

However, the Gulistan Internal Affairs Department classified this case as a crime. Criminal proceedings were initiated against Saodat Asadova and her son under Article 168, Part 4, Clause "a" (large-scale fraud) of the Criminal Code. The investigator from the Internal Affairs Department, Senior Lieutenant K.B. Eshpolatov, charged the woman in absentia, obtained permission for her arrest, and declared her wanted.

The dispute between the sisters over the property was transformed into a criminal case in the investigative department of the Internal Affairs Directorate: the conflict regarding the apartment, valued at approximately $25,000-$30,000, should have been resolved in civil court according to the law. However, the intervention of law enforcement escalated the situation to an "international" level.

The statement submitted to the civil court ended up in the Internal Affairs Directorate

A resident of Gulistan, Munavvarxon Rajabova (names changed), approached the head of the city’s Internal Affairs Directorate, stating that she could not register the apartment belonging to her sister Saodat Asadova in her name and requested practical assistance with this issue.

Typically, such disputes are resolved through civil proceedings in court, and the Internal Affairs Directorate confines itself to recommending filing a lawsuit. However, for some unknown reasons, this statement was registered in the crime reporting log (form-1), and a preliminary inquiry was initiated.

Since when have law enforcement agencies started re-registering property in the names of citizens?

The findings of the investigation also do not constitute a crime. The details are as follows: the applicant, Munavvarxon Rajabova, sought "assistance from the Internal Affairs Directorate" to register the apartment owned by her sister Saodat Asadova – a non-residential premises on the first floor of a multi-apartment building. All relevant documents are also registered in Asadova's name. Officially, this apartment had no formal ties to Munavvarxon Rajabova.

Saodat Asadova herself works as a nurse in a hospital in St. Petersburg, Russia. She granted power of attorney to her son to manage her property. Based on this power of attorney, her son sold the apartment to another party, with a notarized sale contract in place.

These circumstances were classified as a crime, and criminal proceedings were initiated against Saodat Asadova and her son under Clause "a" of Part 4 of Article 168 of the Criminal Code (Large-scale Fraud).

The investigator from the Gulistan Internal Affairs Directorate, Senior Lieutenant K.B. Eshpolatov, charged Saodat Asadova under the aforementioned article, obtained authorization for her in absentia arrest, and declared her wanted.

Notably, prior to the announcement of charges and the initiation of the search, the apartment was repurchased and re-registered in Saodat Asadova's name. Today, the property is officially listed under her ownership.

Arrest in Russia

On December 12, Asadova was detained by police in the Smolensky District of the Leningrad Region, where she was working. She is currently being held there in a temporary detention facility.

This case raises serious questions about the legality of the actions taken by the law enforcement agencies of Uzbekistan and potential abuse of authority in the course of initiating criminal proceedings.

According to the lawyer defending Saodat Asadova in Russia, the police are unable to comprehend the charges brought against the woman. However, due to international cooperation requirements, she cannot be released. Until Saodat Asadova is extradited to Uzbekistan in the established manner, she may have to spend several months in a Russian prison.

What is illegal about the investigation in Gulistan?

The investigative body allegedly concluded that Saodat Asadova "sold the non-residential premises belonging to her without her sister Munavvarxon Rajabova's knowledge, committing fraud." Thus, the property dispute was transformed into a criminal case, and the investigative actions were based on assumptions.

In particular, if the applicant indicated that Saodat Asadova refused to re-register the property in her name, the investigation should have established on what grounds the property was in Asadova's possession and what evidence confirms that she acquired this property through fraudulent means.

If Saodat Asadova is accused of fraudulent actions represented by the sale of property that belongs to her but is, in fact, her sister's property, then this accusation is also unfounded. As mentioned earlier, Saodat Asadova is the legal owner of this property.

Furthermore, Saodat Asadova was charged with having "fraudulently sold the apartment and spent the proceeds on her own needs" (July 3, 2024), while this property belonged to her. That is, on July 1, 2024, the property was legally returned to Saodat Asadova through a notarized sale contract, and on July 3, according to the extract from the state registry, the ownership of the real estate was registered in Saodat Asadova's name. She remains the owner of this property to this day.

Why should this be a civil case rather than a criminal one?

According to Article 228 of the Civil Code, an owner has the right to reclaim their property from illegal possession by another party (vindication).

Point 10 of the Resolution of the Plenary Session of the Supreme Court No. 17 "On Judicial Practice in Fraud Cases" states that preliminary investigation bodies must consider: the non-fulfillment of obligations arising from civil law relations based on contracts and transactions executed in accordance with legal requirements cannot be regarded as fraud, as in such cases the element of unlawfulness in the acquisition of someone else's property is absent.

This case is known to the leadership of the Prosecutor's Office of the Syrdarya Region (in particular, the head of the department overseeing law enforcement agencies) and the relevant departments of the General Prosecutor's Office. However, for unknown reasons, the actual situation is being ignored.

For reference:

According to Article 230 of the Criminal Code (Attracting an Innocent Person to Liability), an investigator, investigator, or prosecutor who brings to justice a person who is obviously innocent of committing a socially dangerous act shall be punished by restriction of freedom for a term of 2 to 5 years or imprisonment for a term of up to 5 years.

If such actions are committed in connection with the accusation of a person for committing a serious or particularly serious socially dangerous act, the punishment is imprisonment for a term of 5 to 8 years.

Kun.uz is conducting a major investigation into how the prosecutor's office and law enforcement agencies violate the inviolability of private property, with property being seized through the initiation of criminal cases.

Ruslan Saburov,
Kun.uz