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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 31, 2018 No. 512

About approval of the Temporary procedure for transfer (transformation) of the parcels of land of the irrigated ploughland which are built up with individual apartment houses or on which there are relevant decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, before entry into force of the Law of the Kyrgyz Republic "About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds"

(as amended on 19-03-2020)

For the purpose of implementation of article 4 of the Law of the Kyrgyz Republic "About modification of some legal acts of the Kyrgyz Republic (in the laws of the Kyrgyz Republic "About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds", "About transfer (transformation) of the parcels of land", according to 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 the Temporary procedure for transfer (transformation) for the parcels of land of the irrigated ploughland which are built up with individual apartment houses or on which there are relevant decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, before entry into force of the Law of the Kyrgyz Republic "About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds", according to appendix.

1-1. Determine that the personal responsibility for implementation of this resolution is born by the head of local government body and the head of public administration of the area, the mayor of the location of the translated parcel of land.

2. This Resolution becomes effective after fifteen days from the date of official publication.

Prime Minister of the Kyrgyz Republic

M. Abylgaziyev

Appendix

to the Order of the Government of the Kyrgyz Republic of October 31, 2018 No. 512

Temporary procedure for transfer (transformation) for the parcels of land of the irrigated ploughland which are built up with individual apartment houses or on which there are relevant decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, before entry into force of the Law of the Kyrgyz Republic "About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds

1. This Temporary procedure determines procedure for transfer (transformation) for the parcels of land of the irrigated ploughland which are built up with individual apartment houses or on which there are relevant decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, before entry into force of the Law of the Kyrgyz Republic "About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds" (further - the Temporary procedure).

2. Transfer (transformation) of the parcels of land of the irrigated ploughland which are built up with individual apartment houses or on which there are relevant decisions about transfer of the parcels of land of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, before entry into force of the Law of the Kyrgyz Republic "About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds" (further - the irrigated ploughland) is performed by the Government of the Kyrgyz Republic.

3. The public administration of the area, city administration of republican or regional value creates permanent district, city commission with participation of representatives of local government body in the territory of which the translated parcel of land, district, city territorial subdivisions of state bodies is located: on land management and registration of the rights to real estate, architecture and constructions, environmental protection and forestry, agricultural and water economy, sanitary and epidemiological surveillance, emergency situations, power, inspectorate for control of use and protection of lands (further - the Commission).

If necessary, the commission chairman has the right to involve representatives of other interested state bodies.

4. The commission is headed by the first deputy head of public administration of the area, the vice-mayor of republican or regional value. The vice-chairman of the Commission is the representative of inspectorate for control of use and protection of lands.

5. The commission passes the decision on opportunity or impossibility of transfer of the parcel of land in other category of lands according to requirements of this Temporary procedure within 15 working days.

6. Date, time and the venue of commission session are established by the commission chairman.

7. The commission is competent to make decisions on condition of participation in its meeting at least two thirds of members of the commission.

8. Decisions of the Commission are made by open voting, by a majority vote from total number of members of the commission.

9. Members of the commission have no right to abstain from vote.

10. Following the results of vote the Commission makes the decision which shall contain date and the place of its removal, the structure of the Commission which considered question. The decision is signed by the chairman and members of the commission participating in meeting.

11. The commission has the right to request information necessary for consideration of materials, from any state bodies which shall provide information on the considered parcels of land and their owners which is available for them in full and on a grant basis within 10 working days.

12. In case of disagreement with the made decision, the member of the commission has the right to state in writing special opinion which is applied to the decision of the Commission.

13. Responsibility for accuracy of the information (materials) on transfer (transformation) of the parcels of land is born by the head of local government body and the head of public administration of the area, the mayor of the location of the translated parcel of land. Responsibility for accuracy of the information, containing in the conclusions of state bodies, heads of district and territorial subdivisions of data of state bodies bear personally.

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