ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of October 9, 2019 No. 535

About approval of the Regulations on procedure for provision of the parcels of land which are in state-owned property

According to 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 provision of the parcels of land which are in state-owned property according to appendix.

2. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About procedure for excitement and consideration of petitions for provision of the right (permission to change) of use (maintaining) of the earth" of January 27, 1998 No. 55;

- the order of the Government of the Kyrgyz Republic "About approval of the Provision by cadastral assessment of the parcels of land of categories of land fund of the Kyrgyz Republic" of September 2, 2004 No. 660.

3. To impose control of execution of this resolution on department of agro-industrial complex and ecology, department of economy and investments, department of organizational and inspection work and regional development of Government office of the Kyrgyz Republic.

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

Appendix

to the Order of the Government of the Kyrgyz Republic of October 9, 2019 No. 535

Regulations on procedure for provision of the parcels of land which are in state-owned property

1. General provisions

1. This Provision determines procedure for provision to physical persons and legal entities, and also the state and municipal land users in use of the parcels of land which are in state-owned property.

1-1. This Provision does not regulate questions of provision in lease of the parcels of land which are in state-owned property, acquired at the expense of special means and assigned on the right of operational management to the state higher educational institutions of the Kyrgyz Republic having special status according to the Presidential decree of the Kyrgyz Republic "About measures for increase in potential and competitiveness of the educational organizations of higher education of the Kyrgyz Republic" of July 18, 2022 No. 243.

The specified higher educational institutions independently in coordination with the boards of trustees determine procedure and conditions of transfer to lease of such parcels of land.

2. To physical persons and legal entities, and also the parcels of land which are in state-owned property can be provided to the state and municipal land users in temporary use.

In temporary use the parcels of land referred to categories are provided: earth of settlements; earth of the industry, transport, communication, power, defense and other appointment; earth of agricultural purpose, except for lands of the State fund of agricultural holdings, pastures.

If by conditions come in the procedure established by the law into force of the international treaty or the investment agreement signed by the Cabinet of Ministers of the Kyrgyz Republic according to the Law of the Kyrgyz Republic "About investments in the Kyrgyz Republic" it is provided the parcel of land of the above-stated categories in temporary use, the procedure and conditions of such provision are determined by the separate decision of the Cabinet of Ministers of the Kyrgyz Republic if other is not provided by the international treaty or the investment agreement.

3. The procedure for provision in temporary use of the parcels of land, free from the third party rights and the state land users, for the purposes of projects implementation of public-private partnership is performed according to Chapter 5-1 of this provision.

4. The parcels of land which are in state-owned property by direct provision according to this Provision are provided to the state and municipal land users.

5. The parcels of land which are in state-owned property are provided to physical persons and legal entities by tendering on right to contract of lease of the parcel of land according to this Provision.

The parcels of land which are in state-owned property are provided to physical persons and legal entities by direct provision according to Chapter 4-3 of this provision.

6. The parcels of land which are in state-owned property can be provided on provisions of the lease for a period of up to:

a) three years - the parcels of land which are in use of the state land users:

- for installation of objects of the facilitated type;

- for other purposes which are not connected with capital construction;

- for the existing constructions of railway track being in private property;

- for the objects of road and roadside service which are on lands of strip of branch and roadside strip of highways public;

- for implementation of trading activity on the parcels of land provided by directorate of the trade market (trade enterprise);

b) fifteen years - the parcels of land which are in use of the state land users:

- for designing, construction of buildings, constructions aimed at the development of railway industry, and their operation;

- for designing, construction of buildings, constructions with the subsequent transfer of the constructed capital construction on balance of the state land user after lease agreement term;

c) twenty five years - the parcels of land which are in use of the state land users for construction of power stations with use of RES;

d) forty nine years:

- the parcels of land, free from the third party rights;

- the parcels of land provided within implementation of agreements on public-private partnership including for capital construction;

- parcels of land of free economic zones;

- the parcels of land transferred by direct provision in the cases provided by the subitem 2 of Item 55-10 of this provision.

7. Alienation of the right of temporary use by the parcel of land of the state land user, its transfer as a deposit, the sublease, and also implementation of other transactions directly or indirectly directed to encumbrance of the parcel of land by the third party rights are not allowed.

8. Affiliates of authorized body, local public administration, the applicant have no right to participate in the biddings.

9. Affiliates are recognized:

- staff of authorized body, local public administration and their close relatives;

- close relatives of the applicant - physical person;

- persons which are founders of the legal entity - the applicant or his final owners;

- the faces consisting in family relations with participants of the bidding or being heads and the applicant's founders, or their final owners.

10. The basic concepts used in this Provision:

the lessor - the state land user, local public administration which signed the lease agreement of the parcel of land which is in state-owned property;

the lessee - physical person or legal entity, the individual entrepreneur which in the procedure established by this Provision signed the lease agreement of the parcel of land;

auction - form of the biddings in case of which winner is person who offered the highest price;

the land user state - the state companies, organizations of the Kyrgyz Republic which received the parcel of land in termless (without specifying of term) or urgent (temporary) use, and also the authorized body in the sphere of the state mortgage housing lending with absolute participation of the state in the authorized capital which is enabling the realization of the state program of housing providing citizens of the Kyrgyz Republic, received the parcel of land within the settlement in unlimited use;

the lease agreement - the agreement (agreement) between the lessor and the lessee on temporary use by the parcel of land which is in state-owned property for certain payment;

the applicant - physical person or legal entity, the individual entrepreneur having intention to receive the parcel of land which is in state-owned property in temporary use;

tender - form of the biddings in cases when from buyers accomplishment of certain conditions in relation to subject of the biddings is required;

objects of the facilitated type - tents, booths, advertizing constructions, parking, parkings of road transport, sports constructions and other, not capital objects;

the organizer of the biddings - authorized state body, local public administration;

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