The liquefied petroleum gas filling station (AGQSH) belonging to "Royal Gaz Servis" LLC officially started operating in 2005 and fully met the requirements of the Urban Planning Norms and Rules (SHNK) of 1996 that were in force at that time.

However, in 2008, the norms related to the sector were updated and safety distances were extended. Interestingly, paragraph 1 of the new edition of the SHNK clearly states that these rules do not apply to buildings constructed before the new edition came into force and that they can continue their activities based on the previous norms.

Despite this, judges in court proceedings in Bukhara region for some reason are ignoring this important legal clause and the fundamental principle that "the law does not have retroactive effect."

Although local authorities and cadastre departments violated current regulations by allowing multi-story buildings to be constructed within the filling station's safety zone, today "O‘zneftgazinspeksiya" has filed a lawsuit precisely to suspend the entrepreneur's license.

The paradoxical aspect of the situation is that the Republican working group found no shortcomings in the technical condition of the station. However, the court has obligated the entrepreneur to "resolve the issue related to the distance" within 21 days. The absurdity of this demand is demonstrated by the fact that the entrepreneur does not have the authority to demolish the surrounding multi-story buildings illegally constructed with the permission of state agencies.

If an entrepreneur providing jobs to 30 people has to suffer due to the mistake of state agencies in land allocation and the misinterpretation of the 2008 SHNK requirements, where does constitutional protection remain? This incident is becoming an important legal precedent testing the practical implementation of business rights in Uzbekistan.

The editorial office will continue to monitor the development of events.

Prepared by Muhammad Ali Qozoqov.