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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 20, 2006 No. 449

About approval of the Regulations on procedure for state registration of the right of private property to the parcels of land under the buildings and constructions privatized before enforcement of the land code of the Kyrgyz Republic

(as amended of the Order of the Government of the Kyrgyz Republic of 22.09.2020 No. 496)

For the purpose of implementation of the Law of the Kyrgyz Republic "About interpretation of Item 7 of article 6 of the Law of the Kyrgyz Republic "About enforcement of the Land code of the Kyrgyz Republic" and the Presidential decree of the Kyrgyz Republic "About state policy in the field of forming of the favorable investment circle" of October 7, 2004, No. 854 "About implementation of the Presidential decree of the Kyrgyz Republic "About state policy in the field of forming of the favorable investment circle" of October 7, 2004" the Government of the Kyrgyz Republic decides the orders of the Government of the Kyrgyz Republic of November 24, 2004:

1. Approve the enclosed Regulations on procedure for state registration of the right of private property to the parcels of land under the buildings and constructions privatized before enforcement of the Land code of the Kyrgyz Republic.

2. To impose control over the implementation of this Resolution on department of agro-industrial complex and processing industry of the Office of the Prime Minister of the Kyrgyz Republic.

Prime Minister

F.Kulov

Approved by the Order of the Government of the Kyrgyz Republic of June 20, 2006 No. 449

Regulations on procedure for state registration of the right of private property to the parcels of land under the buildings and constructions privatized before enforcement of the Land code of the Kyrgyz Republic

This Regulations on procedure for state registration of the right of private property to the parcels of land under the buildings and constructions privatized before enforcement of the Land code of the Kyrgyz Republic (further - the Provision), are developed for the purpose of implementation of the Law of the Kyrgyz Republic "About interpretation of Item 7 of article 6 of the Law of the Kyrgyz Republic "About enforcement of the Land code of the Kyrgyz Republic" and determine procedure for state registration of the right of private property to the parcels of land, establishments of borders of the parcels of land, registrations and issues of the state act of the right of private property to the parcels of land under the buildings and constructions privatized before enforcement of the Land code of the Kyrgyz Republic.

This Provision does not extend to the parcels of land provided in the procedure established by the legislation of the Kyrgyz Republic in urgent (temporary) use before enforcement of the Land code of the Kyrgyz Republic and also to the parcels of land in case of apartment apartment houses.

I. General provisions

1. The concepts used in this Provision:

buildings in constructions - any structures and constructions firmly connected with the earth which movement is impossible without disproportionate damage to their appointment;

the land user - physical person or legal entity, right to use by the parcel of land to which it is granted, transferred or turned into unlimited use (without specifying of term) or urgent (temporary) use;

the parcel of land - the area of the earth in the closed borders;

the right to the parcel of land - the property right to the parcel of land or the right termless (without specifying of term) or urgent (temporary) use of the parcel of land;

documents of title - the documents establishing, transferring, limiting or stopping the property right and other rights per unit of real estate (the decision of the relevant competent authority, the agreement, the judgment, etc.), and also the documents certifying the rights to the parcel of land specified in Article 31 of the Land code of the Kyrgyz Republic;

intereconomic land management - process and system of actions (legal, technical, etc.) on regulation of land use by education new and to change of the existing parcels of land.

2. The right of private property to the parcel of land is recognized behind physical persons and legal entities, except for the state, municipal land users, without any renewal of documents, is non-paid also without additional fare, acquired in accordance with the established procedure the right to the parcel of land in permanent use before enforcement of the Land code of the Kyrgyz Republic, namely:

- on the parcels of land assigned to buildings and constructions;

- on the parcels of land for construction of buildings and constructions.

3. Availability of the documents of title testimonial of the right of permanent use to the parcel of land at physical person or legal entity before the enforcement of the Land code of the Kyrgyz Republic or the document certifying right to use by the earth is good cause for recognition of the right of private property to the parcel of land behind these physical persons and legal entities and registration of their property right in registration authorities of the rights to real estate during primary (system) or attendance registration and does not require adoption of the new decision of local government bodies, city halls of the cities, local public administrations about provision of the right to the parcel of land, its fixing to the existing buildings and constructions.

4. In case of absence or impossibility to recover documents of title or the document certifying right of possession and uses of the earth under the privatized buildings and constructions both to and after privatization process, documents of title on the parcels of land are privatization documents for the building and construction.

5. The state act of the right of private property to the parcel of land is issued to physical persons and legal entities, the owners of the privatized buildings and constructions who do not have before the document certifying right of possession and uses of the earth, and also the parcel of land wishing to replace voluntarily earlier issued state acts of right to use before enforcement of the Land code of the Kyrgyz Republic. Registration and issue of the state act of the right of private property to the parcel of land are paid and are carried out according to the prices approved in the procedure established by the legislation of the Kyrgyz Republic.

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