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PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of April 8, 2022 unitary enterprise No. 109

About measures for the prevention and suppression of the facts of illegal unauthorized occupation of lands

In recent years the Cabinet of Ministers of the Kyrgyz Republic, local public administrations and local government bodies accepted number of measures for streamlining and legal settlement of situation with illegal unauthorized occupation of lands and allocation of the parcels of land in general.

However, despite the work which is carried out by state bodies, in defiance of the laws of the Kyrgyz Republic practice of unauthorized capture of the parcels of land continues, including - lands of agricultural purpose, under individual housing building, and also unauthorized increase in the taken-away parcels of land at the expense of the territory of streets, green plantings, the house adjoining territories, there is unauthorized occupation of lands by the organizations, organizations and companies.

At the same time non-governmental organizations, owners of lands and land users repeatedly brought up question of suppression of building by structures of lands of agricultural purpose as these illegal actions directly influence food security of the country.

Widespread cases of unauthorized occupation of the parcels of land are actions of the owner or the lessee which are directed to expansion of limits of the site by unreasonable, arbitrary removal of barrier of own site for its legal borders established in right certifying documents on the earth, the device of illegal autoparkings (car parks) on lands the public or the parcels of land belonging to owners of rooms in the apartment house on the right of all-equity property, placement of garages, booths, stalls (non-stationary objects), installation of barriers, etc.

For the purpose of the prevention and suppression of unauthorized occupations of lands in the territory of the republic, respecting the rule of law and law and order, preserving the earth as natural object, basis of life, development and activities of the people of the Kyrgyz Republic, and also protection of the rights and legitimate interests of owners of the parcels of land and land users, according to Articles 16, of 66, I decide 71 Constitutions of the Kyrgyz Republic:

1. To plenipotentiaries of the President of the Kyrgyz Republic in areas, heads of local public administrations, mayors of the cities, Chapters айыл to okmot together with law enforcement agencies and authorized body in the field of supervision and control concerning observance of the land and water legislation:

- develop and accept package of measures for the prevention and suppression of the facts of illegal unauthorized occupation of lands;

- to systematically carry out explanatory work among citizens about inadmissibility of unauthorized occupation of lands and about civil, administrative and criminal liability for these illegal actions;

- for the purpose of exception of captures of the parcels of land, sites under capital construction projects, constructions, data on which location of borders are not entered in the State Immovable Property Cadastre, to carry out cadastral works on establishment of borders of the parcels of land on the area;

- strengthen control of rational and effective use of the parcels of land allocated to land users for agricultural production and also owners of lands of agricultural purpose.

2. To the Ministry of Internal Affairs of the Kyrgyz Republic:

- strengthen work on providing public law and order and acceptance of exhaustive measures for identification and suppression of the facts of unauthorized occupation of lands and involvement of violators to the Kyrgyz Republic of responsibility established by the legislation;

- to quickly consider the facts of illegal capture of the parcels of land which are in the state-owned, municipal and private property and to speed up scheduled maintenance with persons involved in these illegal actions.

4. To impose control of execution of this Decree on management of control of execution of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic.

5. This Decree becomes effective from the date of official publication.