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Uzbekistan
Summary of Domestic Prohibition
Slavery and slave trade
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Practices similar to slavery
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Servitude
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Forced or compulsory labour
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Human trafficking
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Forced marriage
Provisions related to forced marriage in Uzbekistan are found in the Criminal Code, which addresses forcing a woman into marriage at Article 136, with a potential penalty of up to twenty-five minimal monthly wages or correctional labor up to three years, or arrest up to six months, or imprisonment up to three years. The 2011 Family Code also addresses coercion into marriage at Article 14.
Consent to marriage
Provisions requiring consent to marriage in Uzbekistan are found in the Family Code 2011, section 14 of which states that marriage is voluntary. For marriage, it is necessary that the future spouses have the ability freely express your consent. Coercion into marriage is prohibited. Section 63 of the constitutional law 1992 also recognises that marriage is based on the willing consent.
Servile marriage
There appears to be no legislation in Uzbekistan that prohibits servile matrimonial transactions.
Marriage trafficking
Provisions related to marriage trafficking in Uzbekistan are found in the LAW ABOUT COUNTERACTION TO HUMAN TRAFFICKING 2008, which prohibits trafficking for customs similar to slavery at Article 3. Article 136 of the Criminal Code also prohibits abduction of women for forced marriage, with a potential penalty of fine up to twentyfive minimal monthly wages or correctional labor up to three years, or arrest up to six months, or imprisonment up to three years.
Minimum age for marriage
The minimum age for marriage in Uzbekistan is 17 for females and 18 for males, as set out on Article 15 of the 2011 Family Code. Where marriages are conducted involving a person below the minimum age, the marriage is declared invalid, as set out on Article 49 of the 2011 Family Code. However, marriages below the minimum age are permitted in exceptional cases, at the request of the persons who wish to marry and with the authorisation of the khokim of the district, as set out on Article 15 of the 2011 Family Code. Marriage of females is allowed under exceptions as early as 16. Marriage of males is allowed under exceptions as early as 17.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Civil
International Instruments
International Obligations
- Slavery
- Servitude
- Forced Labour
- Human Trafficking
- Marriage Practices Similar to Slavery
- Marriage Trafficking
Regional Organisations
- Asia Cooperation Dialogue
- Organisation for Security and Cooperation in Europe
- Organisation of Islamic Cooperation
Legislative Provisions
CONSTITUTION OF 1992
Article 25
Everyone shall have the right to freedom and inviolability of the person.
Article 28
A citizen of the Republic of Uzbekistan shall have the right to freedom of movement on the territory of the Republic, as well as to free entry to and exit from it except for the events specified by law.
Article 37
Everyone shall have the right to work, free choice of work, fair conditions of labour and protection against unemployment in the procedure specified by law.
Any forced labour shall be prohibited except for punishment under the sentence of a court or some other instances stipulated by law.
Article 38
Citizens, working on hire, shall be entitled to a paid rest. The number of working hours and paid labour leave shall be specified by law.
Article 63
The family is the primary unit of the society and shall have the right to protection of the society and state.
Marriage shall be based on the willing consent and equality of both parties.
CRIMINAL CODE
Article 121. Coercion of Woman to Sexual Intercourse
Coercion of a woman to a sexual intercourse in a natural or unnatural form by a person, on which the woman was in financial, service, or other dependence –
shall be punished with by correctional labor up to two years or arrest up to six months.
The same actions accompanied with sexual intercourse in a natural or unnatural form –
shall be punished with correctional labor from two to three years or imprisonment from three to five years.
Article 127. Inducing of Juvenile in Antisocial Conduct
Inducing a juvenile in begging alms, drinking, usage of substances, which, being neither narcotic nor psychotropic, affect, however, will and mentality of the juvenile, committed after a previous administrative penalty for the same actions –
shall be punished with correctional labor up to two years or arrest up to two months, or imprisonment up to three years.
Article 131. Keeping Disorderly Houses and Procuration
Establishing and keeping disorderly houses, as well as procuration committed from mercenary or other foul motives –
shall be punished with fine from one hundred to two hundreds minimal monthly wages or correctional labor up to three years.
The same actions committed:
a. with involvement of a juvenile;
b. repeatedly by a recidivist or a person, who previously committed crimes envisaged by Articles 135 or 137 of this Code –
shall be punished by arrest up to six months or imprisonment up to five years.
Article 135. Human trafficking
Human trafficking, that is purchase and sale of the person or his recruitment, transportation, transfer, concealment or obtaining for the purpose of its operation [exploitation- translation error], –
is punished by imprisonment from three to five years.
Same actions, perfect:
а) by abduction, application of violence or threat of its application or other forms of coercion;
б) concerning two or more persons;
в) concerning the person, obviously for guilty being down and out;
г) concerning the person being in material or other dependence on the guilty;
д) repeatedly or dangerous recidivist; е) on preliminary collusion by the group of persons;
ж) with use of official position;
з) with moving of the victim through Frontier of the Republic of Uzbekistan or with its illegal deduction abroad;
и) with use of forgery documents, and it is equal with withdrawal, concealment or destruction of the documents certifying victim’s identity;
к) for the purpose of obtaining of the transplant,
are punished by restriction of freedom from three to five years or imprisonment from five to eight years.
Same actions:
а) made concerning the person, obviously for guilty not reached eighteen years;
б) entailed death of the victim or other heavy consequences;
в) made by especially dangerous recidivist;
г) made by the organized group or in its interests,
are punished by imprisonment from eight to twelve years.
Article 136. Forcing or Preventing Marriage
Forcing a woman to get married or continue cohabitation, or abducting her with intend to marry against her will, as well as preventing her to get married –
shall be punished with fine up to twentyfive minimal monthly wages or correctional labor up to three years, or arrest up to six months, or imprisonment up to three years.
Article 138. Forceful Illegal Deprivation of Liberty
Forceful illegal deprivation of liberty –
shall be punished with fine up to fifty minimal monthly wages or correctional labor up to three years, or imprisonment up to three years.
The same action committed with:
a. inflicting physical suffering;
b. placement of a victim in conditions endangering life or health;
shall be punished with imprisonment from three to five years.
LAW ABOUT COUNTERACTION TO HUMAN TRAFFICKING 2008
Article 3. Basic concepts
In this Law the following basic concepts are applied:
human trafficking – recruitment, transportation, transfer, concealment or receipt of people for the purpose of their operation by threat of force or its application or other forms of coercion, stealing, fraud, deception, authority misuse or vulnerability of provision, or by bribery in payment type or benefits for receipt of consent of person controlling other person. Exploitation of people means operation of prostitution of other persons or other forms of sexual exploitation, forced labor or the services, slavery or customs similar to slavery, servile status either removal of organs or tissues of the person;
the dealer in people – physical person or legal entity which independently or in group of persons makes any actions connected with human trafficking and also the official who the actions promotes human trafficking and equally does not interfere and does not resist to it though shall do it owing to the ex-officio full powers.
PRESIDENTIAL DECREE “ON ADDITIONAL MEASURES TO FURTHER IMPROVE THE SYSTEM OF COMBATING TRAFFICKING IN PERSONS AND FORCED LABOUR” 2019
Note: Forced labor violations were criminalized in 2019 but considered as administrative violations for first offenses with increased fines levied by the labor inspectorate; only repeat offenses were considered criminal. The June 2019 Presidential decree “On Additional Measures to Further Improve the System of Combating Trafficking in Persons and Forced Labor” included a directive to align Article 135 more closely to international law; legislative changes remained in draft at the close of the reporting period
CONSTITUTION OF 1992
Article 63
The family is the primary unit of the society and shall have the right to protection of the society and state.
Marriage shall be based on the willing consent and equality of both parties.
Uzbekistan Constitution of 1992 with Amendments through 2011 – CONSTITUTE – English (PDF)
CRIMINAL CODE
Article 136. Forcing or Preventing Marriage
Forcing a woman to get married or continue cohabitation, or abducting her with intend to marry against her will, as well as preventing her to get married shall be punished with fine up to twentyfive minimal monthly wages or correctional labor up to three years, or arrest up to six months, or imprisonment up to three years.
Criminal Code of the Republic of Uzbekistan 1994 – English (PDF)
Family Code of the Republic of Uzbekistan 1998, amended 2011
Article 12. Application of the limitation of actions in family relations
For claims arising from family relations, the limitation period is not spreads, except for the cases established by this Code.
When applying the rules establishing the limitation period, the court is guided by The Civil Code of the Republic of Uzbekistan
Article 14. Voluntariness of marriage
Marriage is voluntary.
For marriage, it is necessary that the future spouses have the ability freely express your consent. Coercion into marriage is prohibited.
Article 15. Age of marriage
The age of marriage is set for men at eighteen years, for women at seventeen years.
If there are good reasons, in exceptional cases, the khokim of the district, the city at the place of state registration of marriage can, at the request of persons who wish to marry, to lower the age of marriage, but by no more than one year
Article 49. Grounds for declaring a marriage invalid
A marriage is declared invalid in the following cases:
violation of the conditions established in Articles 14-16 of this Code;
the conclusion of a fictitious marriage, that is, if the spouses or one of them
registered a marriage with no intention to start a family;
concealment by one of the persons entering into marriage from another person of the presence of a venereal disease or human immunodeficiency virus (HIV) infection, if the latter went to court with such a demand.
Article 51. Invalidation of a marriage entered into with a person who has not reached marriageable age
A marriage contracted with a person who has not reached the marriageable age may be recognized void if required by the interests of the person who married before reaching marriageable age. Demand recognition of such a marriage a person who entered into marriage before reaching marriageable age has the right to be invalid, his parents or guardian, as well as the guardianship and guardianship authority and the prosecutor.
If by the time the case is resolved in court the spouse has reached marriageable age, then the marriage can be declared invalid only at his request.
The case of declaring a marriage invalid due to failure to achieve a marriage age by one of the spouses is considered with the participation of the guardianship and guardianship authority, if the spouses (one of them) have not reached marriageable age by the time the case is considered in a court
Article 53. Invalidation of a marriage contracted under duress
A marriage contracted under duress may be invalidated by the statement of the victim or the prosecutor
Family Code of the Republic of Uzbekistan 1997 (amended 2011) – Natlex – Russian (PDF)
Civil Code 1997, amended 2019
Article 22. Legal capacity of a citizen
The ability of a citizen to acquire and exercise civil rights by his actions, to create civil obligations for himself and to fulfill them (legal capacity) arises in full with the onset of majority, that is, upon reaching the age of eighteen.
A citizen who legally married before reaching the age of majority acquires full legal capacity from the time of marriage.
The legal capacity acquired as a result of marriage is retained in full even in the event of divorce before reaching the age of eighteen.
If the marriage is declared invalid, the court may decide on the loss of full legal capacity by the minor spouse from the moment determined by the court.
Article 150. General period of limitation of actions
The general limitation period is three years.
Article 154. Commencement of the course of the limitation period
The course of the limitation period begins from the day when the person learned or should have learned about the violation of his right. Exceptions to this rule are established by this Code and other laws.
For obligations with a specific performance period, the limitation period begins at the end of the performance period.
For obligations, the term of performance of which is not determined or is determined by the moment of demand, the limitation period begins from the moment when the creditor has the right to present a claim to fulfill the obligation, and if the debtor is presented with a grace period for the fulfillment of such a requirement, the calculation of the limitation period begins at the end of the specified period …
For recourse obligations, the limitation period begins from the moment the main obligation is fulfilled.
Article 156. Suspension of the course of the limitation period
The course of the limitation period is suspended:
1) if the filing of a claim was impeded by an extraordinary and unavoidable event under the given conditions (force majeure);
2) due to the postponement of the fulfillment of obligations established by the Government of the Republic of Uzbekistan (moratorium);
3) if the plaintiff or defendant is part of the Armed Forces, border and internal troops, transferred to martial law;
4) if the incapacitated person does not have legal representatives;
5) by virtue of the suspension of the act of legislation regulating the relevant attitude.
The course of the limitation period shall be suspended if the circumstances specified in this article arose or continued to exist in the last six months of the limitation period, and if this period is less than six months – during the limitation period.
From the date of the termination of the circumstance that served as the basis for the suspension of the limitation period, the course of the limitation period continues, with the remaining part of the term being extended to six months and, if the limitation period was less than six months, up to the limitation period.
Article 157. Interruption of the course of the limitation period
The course of the limitation period is interrupted by filing a claim in accordance with the established procedure, as well as by the commitment by the obliged person of actions that testify to the recognition of the debt.
After the break, the course of the limitation period begins anew, and the time elapsed before the break is not included in the new period.
Civil Code of the Republic of Uzbekistan 1995- CIS-legislation database – English (PDF)
LAW ABOUT COUNTERACTION TO HUMAN TRAFFICKING 2008
Article 3. Basic concepts
In this Law the following basic concepts are applied:
human trafficking – recruitment, transportation, transfer, concealment or receipt of people for the purpose of their operation by threat of force or its application or other forms of coercion, stealing, fraud, deception, authority misuse or vulnerability of provision, or by bribery in payment type or benefits for receipt of consent of person controlling other person. Exploitation of people means operation of prostitution of other persons or other forms of sexual exploitation, forced labor or the services, slavery or customs similar to slavery, servile status either removal of organs or tissues of the person;
the dealer in people – physical person or legal entity which independently or in group of persons makes any actions connected with human trafficking and also the official who the actions promotes human trafficking and equally does not interfere and does not resist to it though shall do it owing to the ex-officio full powers.
Uzbekistan Trafficking in Persons Law 2008 – CIS Legislation Database – English (PDF)