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PRESIDENTIAL DECREE OF THE REPUBLIC OF UZBEKISTAN

of June 8, 2021 No. UP-6243

About measures for ensuring equality and transparency in land relations, reliable protection of land rights and their transformation into market asset

For the purpose of implementation transparent, based on the market principles and procedure for allocation of the parcels of land, equal for all, ensuring stability in property and legal relations in the sphere of land use, protection of lands, guaranteeing property rights of land owners, and also their introductions in free turnover as object of the civil relations by determination of economic cost of the earth:

1. Approve the suggestions for improvement of the legislation on the earth developed by the Ministry of Justice, the Prosecutor General's Office, the Supreme Court, the Agency according to the inventory under the State Tax Committee, the Ministry of Agriculture with participation of representatives of the general public.

2. Implement procedure according to which since August 1, 2021:

the parcels of land are allocated to private sector - on the basis of the property right and lease, to state bodies, organizations, the companies, self-government institutions of citizens (further - the state organizations) - on the basis of the right of permanent use;

the procedure for allocation of the parcels of land on right of lifetime inheritable possession, permanent ownership, temporary use is cancelled, at the same time these rights to earlier allocated parcels of land remain at their owners in the operating procedure;

in case of transition of the property right to the real estate unit built in the procedure established by the legislation on the parcel of land received in lease, to other person together with the property right to this object to the new owner passes also the lease right to the parcel of land on which it is located;

the earth of agricultural purpose are allocated only on the basis of the lease right following the results of open electronic tenders in which producers of all types of agricultural goods which results affirm the decision of Council of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent can participate;

the earth of nonagricultural appointment are implemented by means of electronic online auctions on the basis of the property right and the right of lease;

the parcels of land are allocated to the state organizations for the state and social needs with the decision of Council of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent on the right of permanent use;

in all cases the parcels of land are allocated only from the free and received in inventory lands, seizure of land, their transfer to lands of inventory, allocation to their other persons one document or at the same time are considered as violation of procedure for allocation of lands and are the basis for accountability according to the legislation;

in case of the projects implementation of public-private partnership and projects directed to achievement of the socially important purposes, the parcels of land are allocated to the state organization on the right of permanent use, these parcels of land can be provided in lease to the private partner, non-state non-profit organization and other institutes of civil society on the duration of the agreement about state-private or social partnership;

the parcel of land on which the apartment house is located and also the parcel of land adjacent to it if it does not belong to owners based on other rights, is allocated to them for general use with the decision of Council of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent on the basis of the right of permanent use.

3. Determine that since August 1, 2021, according to the procedure of exception, the Cabinet of Ministers has the right to provide directly the parcels of land in lease only in the following cases:

to the public research and educational institutions for realization of scientific research and test experiments in the sphere of agricultural industry - according to the offer of the Ministry of Agriculture;

to agro-industrial clusters - according to the offer of the Ministry of Agriculture, Council of Ministers of the Republic of Karakalpakstan, hokim of areas in case of deposition of money in the amount of the double normative cost of the parcel of land;

for implementation of the large investment project determined by selection of the best offer, cost in equivalent at least 10 million US dollars (increases depending on the size of the parcel of land) - in case of initial placement on the special settlement account of the means equal to at least 10 percent from project cost;

to the companies with participation of foreign investments, to international associations and the organizations, foreign legal entities and physical persons - with payment on market value for receipt of the right of lease (except for international associations and the organizations).

4. Cancel since August 1, 2021 the following powers of public authorities on places concerning land relations and also the right of acceptance on them of the decision, order or other document type:

direct allocation of the parcels of land, provision in use, reservation for the subsequent allocation, fixing, provision of lands under improvement or other order the parcels of land, except for powers on allocation of the parcels of land in permanent use to the state organizations, approval of results of open tender, lease agreement signature, registration of results of privatization of the parcels of land according to this Decree;

establishment, recognition, change, cancellation of the rights to the parcels of land by local authorities of the government of the area and city;

transfer of the irrigated lands to category of not irrigated lands or to other category of lands and transfer of not irrigated farmlands to other category of lands;

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