CONDITIONED CIVIL LEGAL CAPACITY OF PRIVATE EMPLOYMENT AGENCIES: THEORETICAL FOUNDATIONS AND PRACTICAL SIGNIFICANCE

Abstrak

Private employment agencies occupy an unusual position in civil law: they are ordinary commercial legal entities, yet the very activity for which they are created may be lawfully exercised only after the state has performed additional administrative acts, namely inclusion in a special register and, for the placement of citizens in jobs abroad, the grant of a licence. This article develops the concept of "conditioned civil legal capacity" to describe this position. Building on the classical distinction between the general and special legal capacity of legal entities and on Article 41 of the Civil Code of the Republic of Uzbekistan, the article argues that the capacity of a private employment agency arises at the moment of its creation but remains partially suspended: the right to perform the agency’s core statutory services is conditioned upon further juridical facts of a public-law character. The practical significance of the construct is demonstrated through the evolution of Uzbek legislation, from the Law “On Private Employment Agencies” of 2018 to Presidential Resolution No. ПҚ-367 of 2024, which entrusts overseas job placement to the private sector, and through recent enforcement practice, including licence terminations in 2026.