ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 30, 2018 No. 176

About approval of the Regulations on procedure for use and forming of lands of inventory

For the purpose of settlement, connected with use and forming of lands of inventory, according to Article 93 of the Land code of the Kyrgyz Republic, articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic" the Government of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for use and forming of lands of inventory according to appendix.

2. Declare invalid the order of the Government of the Kyrgyz Republic "About approval of the project of the Regulations on procedure for forming and use of lands of inventory" of November 21, 2008 No. 636.

3. To the Ministry of Justice of the Kyrgyz Republic in accordance with the established procedure to submit the draft decision of the Government of the Kyrgyz Republic determining procedure for forming of lands for inventory for consideration of the Government of the Kyrgyz Republic.

4. This resolution becomes effective after seven days from the date of official publication.

5. To impose control of execution of this resolution on department of agro-industrial complex and ecology and department of the industry, fuel and energy complex and subsurface use of Government office of the Kyrgyz Republic.

Appendix

Approved by the Order of the Government of the Kyrgyz Republic of March 30, 2018 No. 176

Regulations on procedure for use and forming of lands of inventory

1. General provisions

1. This Provision determines procedure for use and forming of lands of inventory.

2. Lands of inventory are all lands which are not provided in property or use. These lands are state-owned property.

3. The main purpose of use of lands of inventory are agricultural production, creation of especially protected natural territories, subsurface use (development of mineral deposits and construction of facilities of infrastructure when using natural resources) and other purposes, stipulated by the legislation the Kyrgyz Republic.

2. Provision and forming of lands of inventory

4. Provision of the parcels of land of category of lands of inventory in use for agricultural production, creation of especially protected natural territories, subsurface use (development of mineral deposits and construction of facilities of infrastructure when using natural resources) is performed by local public administration according to territorial accessory of the parcel of land.

Provision of the parcels of land of category of lands of inventory in use for other purposes is performed according to the decision of the Government of the Kyrgyz Republic according to the procedure, established by the legislation of the Kyrgyz Republic.

5. The parcels of land of category of lands of inventory for subsurface use (development of mineral deposits and construction of facilities of infrastructure when using natural resources) are provided according to the procedure, No. 810 provided by the order of the Government of the Kyrgyz Republic "About questions of provision of the parcels of land under subsurface use" of December 15, 2017.

6. Provision of the parcels of land of category of lands of inventory in use is performed after the translation (transformation) of the provided parcel of land according to the legislation of the Kyrgyz Republic taking into account requirements of Article 28 of the Land code of the Kyrgyz Republic.

7. The petition for provision of the parcel of land from lands of inventory moves the interested person (further - the applicant) in local public administration.

8. The petition shall contain:

- purposes of use of the parcel of land;

- location and size of the parcel of land;

- economic and other case of the required area;

- expected term and conditions of use of the parcel of land;

- lack of restrictions for receipt of the parcel of land.

9. Are applied to the petition for citizens of the Kyrgyz Republic - the copy of identity documents of the applicant; for legal entities - constituent documents and the registration certificate of the legal entity.

10. The local public administration within three working days from the date of receipt of documents, creates the Commission with inclusion in its list of representatives of authorized state bodies in the sphere of registration of the rights to real estate, architecture and constructions, environmental protections, emergency situations, sanitary and epidemiologic and fire supervision, rural and water farms, other state bodies if necessary, executive bodies of local self-government, and also representatives of the public, non-profit and other organizations.

11. The commission within ten working days accepts one of the following decisions:

1) about consent to provision of the parcels of land of category of lands of inventory in use in compliance the legislation of the Kyrgyz Republic.

At the same time the act of inspection (choice) of the parcel of land (in triplicate) with appendix of planned cartographic materials, the conclusions of bodies of environmental protection and sanitary and epidemiological surveillance and other documents necessary for forming of land management case by territorial authority of authorized state body in the sphere of registration of the rights to real estate is drawn up;

2) about petition variation.

At the same time the variation of the petition shall be reasonable.

12. The decision of the Commission is made by a majority vote members of the commission and within three working days from the date of decision goes to the applicant.

13. By consideration of the petition the Commission has the right to invite the applicant.

14. Based on the conclusion of the Commission the local public administration within three working days directs the corresponding materials to the plenipotentiary of the Government of the Kyrgyz Republic in area for carrying out transfer procedure (transformation) the provided parcel of land according to the legislation of the Kyrgyz Republic.

15. Forming of lands of inventory is performed by transfer (transformation) of lands to category of "The earth of inventory", according to the legislation of the Kyrgyz Republic.

16. As the initiator of the transfer (transformation) of lands to category of "The earth of inventory" in the territory of the area the local public administration acts in accordance with the established procedure.

For implementation of the transfer (transformation) of lands to category of "The earth of inventory" physical persons or legal entities submit the application for the transfer (transformation) of lands to local public administration.

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