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RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of May 31, 2022 No. 291

About approval of the Regulations on procedure for carrying out land amnesty

(as amended of the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of 14.06.2022 No. 318)

According to Articles 6, 10 Laws of the Kyrgyz Republic "On regulation of land legal relations", articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decides:

1. Approve Regulations on procedure for carrying out land amnesty according to appendix.

2. To the ministries, administrative departments, local public administrations and local government bodies of the Kyrgyz Republic to take the necessary measures following from this resolution.

3. Bring in the order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for provision of the parcels of land under individual housing construction" of May 6, 2005 No. 177 the following change:

add with Item 2-2 of the following content:

"2-2. Regulations of this provision do not extend to the parcels of land when fixing with executive bodies of local self-government of the property rights to the objects falling under operation of the land amnesty established by the Law of the Kyrgyz Republic "On regulation of land legal relations".".

4. Recognize invalid:

1) the order of the Government of the Kyrgyz Republic "About approval of the Temporary procedure for the translation (transformation) of the parcels of land of the irrigated arable land which are built up with individual apartment houses" of October 31, 2018 No. 512;

2) Item 18 of the order of the Government of the Kyrgyz Republic "About the State agency on land resources under the Government of the Kyrgyz Republic" of July 30, 2019 No. 382;

3) the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Temporary procedure for the translation (transformation) of the parcels of land of the irrigated arable land which are built up with individual apartment houses or on which there are relevant decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, 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" of October 31, 2018 No. 512" of March 19, 2020 No. 172;

4) the resolution of the Cabinet of Ministers of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of the Temporary procedure for the translation (transformation) of the parcels of land of the irrigated arable land which are built up with individual apartment houses or on which there are relevant decisions of authorized bodies of local self-government or bodies which legal successors are relevant organs of local self-government, 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" of October 31, 2018 No. 512" of January 14, 2022 No. 7.

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

6. This resolution becomes effective from the date of official publication.

Chairman of the Cabinet of Ministers of the Kyrgyz Republic

A. Zhaparov

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of May 31, 2022 No. 291

Regulations on procedure for carrying out land amnesty

1. General provisions

1. This Provision determines procedure for carrying out land amnesty, creation of the commission, its function, the procedure of forming of lists of users, carrying out the public notification, acceptance by executive bodies of local self-government of decisions on fixing of the property rights to subjects of land amnesty according to the Land code of the Kyrgyz Republic, the Law of the Kyrgyz Republic "On regulation of land legal relations".

2. This Provision extends the action to subjects of land amnesty according to the Law of the Kyrgyz Republic "On regulation of land legal relations".

Carrying out land amnesty by the commission comes to the end within 2 years from the date of the announcement of land amnesty.

Local public administrations together with local government bodies from the effective date of this provision notify local population on the beginning of the procedure of carrying out land amnesty by means of publication in mass media, on websites of local public administrations, local government bodies, and also placements in the special places of review (board, the stand) located in buildings of local government bodies.

3. 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".

4. Action of this provision does not extend on:

- 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; earth public of settlements;

- 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 the parcels of land with objects of historical and cultural heritage, world heritage UNESCO, recreation parks, the botanical park;

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