LAW OF THE KYRGYZ REPUBLIC

of April 1, 2022 No. 21

On regulation of land legal relations

Accepted by Jogorku Kenesh of the Kyrgyz Republic on March 17, 2022

This Law is drafted according to the Land code of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic and determines the legal basis, conditions and procedure for carrying out land amnesty on the parcels of land provided by this Law.

Article 1. Subject of legal regulation of this Law

This Law regulates carrying out land amnesty on fixing with the state of the property rights of citizens to the subjects of land amnesty provided by this Law.

Article 2. Terms and determinations

1) land amnesty - the single action on giving of the legal status to subject of land amnesty including fixing of the property rights to the subjects of land amnesty falling under land amnesty;

2) subjects of land amnesty are citizens of the Kyrgyz Republic, state bodies and local government bodies which property rights fall under land amnesty in the procedure established by this Law;

3) subjects of land amnesty - the parcels of land:

a) with self-willedally built up or incomplete individual apartment houses;

b) on which there are decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, on the translation (transformation) of the irrigated arable land under individual housing construction, accepted before entry into force of the Law of the Kyrgyz Republic "About introduction of the moratorium on the transfer (transformation) of the irrigated lands of arable land to other categories of lands and types of grounds", except for other types of grounds by which relevant decisions were made on the translation (transformation) before entry into force of the Law of the Kyrgyz Republic "About the translation (transformation) of the parcels of land";

c) unsuitable for use in agricultural production;

d) on which there are state acts of the right of private property to the parcels of land with purpose "agricultural" owing to separation of land shares into the parcels of land according to the legislation of the Kyrgyz Republic;

e) garden seasonal dachas;

4) authorized bodies - local public administrations and local government bodies;

5) self-willedally built up or incomplete individual apartment houses - the objects built without the bases for construction of the individual apartment house on the parcel of land which is not taken away according to the procedure, established by the law regulating individual housing construction before entry into force of the Law of the Kyrgyz Republic "About enforcement of the Criminal code of the Kyrgyz Republic, the Code of penal procedure of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses and modification of some legal acts of the Kyrgyz Republic";

6) the parcel of land unsuitable for use in agricultural production, - the parcel of land established by the commission as the site on which carrying out meliorative processes and its effective use on purpose is impossible.

Article 3. Operation of this Law

1. This Law is directed to subjects of land amnesty, stipulated in Article 2.

2. Operation of this Law does not extend on:

1) the parcels of land which are self-willedally built up in places of passing of gas pipelines, high-voltage power lines and thermal networks, the conservation zone of cemeteries, cattle mortuaries, dumps, the lands intended for construction of facilities of welfare, household purpose, the earth public of settlements;

2) the parcels of land which are not meeting the ecological, sanitary and epidemiologic requirements on which there are relevant decisions of judicial authorities falling under zone of emergency situation of natural and technogenic nature and also on the parcels of land with objects of historical and cultural heritage, world heritage of UNESCO; recreation parks, botanical park;

3) the parcels of land of categories of "The earth of especially protected natural territories" and "The earth of water fund", and also on the parcels of land of seed-growing farms, breeding farms, educational-experimental, agricultural research establishments.

Article 4. State guarantees to subjects of land amnesty

Subjects of land amnesty are exempted from liability provided by the Criminal code of the Kyrgyz Republic and the Code of the Kyrgyz Republic about offenses for unauthorized capture of the parcel of land and unauthorized construction on the lands determined by the commission subjects of land amnesty before entry into force of the Law of the Kyrgyz Republic "About enforcement of the Criminal code of the Kyrgyz Republic, the Code of penal procedure of the Kyrgyz Republic, the Code of the Kyrgyz Republic about offenses and modification of some legal acts of the Kyrgyz Republic".

Article 5. Structure and functions of the commission on land amnesty

1. In the city halls of the cities and local public administrations the commission for carrying out land amnesty is created.

The commission is created by the decision of the head of city administration or local public administration in the corresponding territory.

2. The deputy head of city administration or the deputy head of local public administration is appointed the commission chairman.

3. The commissions are included representatives of local public administrations, executive and representative bodies of local self-government, bodies of architecture and town planning, bodies for registration of the rights to real estate, bodies for land supervision, district managements of agrarian development. The commission if necessary can involve representatives of the relevant state bodies.

The structure of the commission can also include the public representatives.

4. The commission performs the following functions:

1) is organized by carrying out land amnesty;

2) approves borders of the territories or the separate parcels of land which are subjects of land amnesty;

Creates 3) and approves the list of users and/or owners of subjects of land amnesty;

4) reviews the complaints and makes decisions according to the matters of argument connected with the property right to subjects of land amnesty;

5) is represented by the list of the contours and the areas transferred (transformed) to category of "The earth of settlements" for approval by local public administration and city administration;

6) sums up the results of carrying out land amnesty in administrative and territorial unit.

5. The personal responsibility for accuracy of the information (materials) in the location of the translated parcel of land is born by the commission on land amnesty.

6. The personal responsibility for accuracy of the information, containing in the conclusions of state bodies, is born by heads of district and territorial subdivisions of data of state bodies.

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