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Ministry of Justice

Republic of Tajikistan 

 On July 22, 2022 No. 48

LAW OF THE REPUBLIC OF TAJIKISTAN

of July 19, 2022 No. 1891

About personal subsidiary farm

Accepted by the Resolution of Majlisi namoyandagon of MORT of June 15, 2022, No. 745

Approved by the Resolution of Majlisi milli of MORT of July 15, 2022, No. 294

This Law governs the public relations connected with the organization, maintaining, development and the termination of activities of personal subsidiary farms.

Chapter 1. General provisions

Article 1. Personal subsidiary farm

1. The personal subsidiary farm is independent form of not business activity of the citizen or with involvement of family members and (or) other attracted citizens for production and conversion of the agricultural products performed on the provided and (or) acquired parcels of land for maintaining personal subsidiary farm for the purpose of satisfaction of personal needs.

2. Sale by citizens of the agricultural products made and processed when maintaining personal subsidiary farm is not recognized business activity.

Article 2. Legislation of the Republic of Tajikistan on personal subsidiary farm

The legislation of the Republic of Tajikistan on personal subsidiary farm is based on the Constitution of the Republic of Tajikistan and consists of this Law, other regulatory legal acts, and also the international legal acts recognized by Tajikistan.

Article 3. The parcels of land for maintaining personal subsidiary farm

1. The parcels of land for maintaining personal subsidiary farm consist of the home parcel of land and (or) the additional parcel of land of personal subsidiary farm.

2. The parcels of land for maintaining personal subsidiary farm are provided to citizens according to the procedure and the size established by the Land code of the Republic of Tajikistan, and (or) citizens acquire the right to their use for these purposes.

3. The home parcel of land belongs to the category of lands of the settlement and is provided to the citizen after the state registration of the right to the life inherited tenancy.

4. The additional parcel of land of personal subsidiary farm belongs to the category of lands of agricultural purpose and is provided to the citizen with the right to termless ownership.

Article 4. Intervention prohibition on activities of personal subsidiary farms

Intervention of state bodies and self-government institutions of settlements and villages in activities of citizens for maintaining personal subsidiary farm is forbidden, except as specified, stipulated by the legislation the Republic of Tajikistan.

Chapter 2. State regulation of maintaining and development of personal subsidiary farms

Article 5. State regulation and support of maintaining and development of personal subsidiary farms

1. State regulation and support of maintaining and development of personal subsidiary farms consist of complex of the actions providing effective activities in personal subsidiary farms.

2. State regulation of maintaining and development of personal subsidiary farms is performed by the following methods:

1) acceptances regulating and promoting development of activities in personal subsidiary farms of regulatory legal acts;

2) implementation of actions for development of personal subsidiary farms;

3) control of observance of requirements of the legislation of the Republic of Tajikistan for conducting activities in the additional parcels of land of personal subsidiary farm.

3. The state support of personal subsidiary farms is performed the next ways:

1) forming of infrastructure of servicing of production, conversion and storage of agricultural products;

2) organization of technical, meliorative, veterinary and sanitary and information and consulting servicing;

3) prevention and mitigation of consequences of emergency states;

4) other forms of support determined by regulatory legal acts of the Republic of Tajikistan.

Article 6. Competence of the Government of the Republic of Tajikistan of the organization, maintaining and development of personal subsidiary farms

Treat competence of the Government of the Republic of Tajikistan of the organization, maintaining and development of personal subsidiary farms:

1) realization of state policy in ensuring development of personal subsidiary farms;

2) approval of programs of support and development personal subsidiary farms;

3) implementation of other powers, stipulated by the legislation Republic of Tajikistan.

Article 7. Powers of local executive bodies of the government in the organization, maintaining and development of personal subsidiary farms

In powers of local executive bodies of the government in the organization, maintaining and development of personal subsidiary farms, enter:

1) development, approval and implementation of local development programs of personal subsidiary farms;

2) establishment of the main indicators of development of personal subsidiary farms in certain territories;

3) assistance in improvement of providing personal subsidiary farms with material resources, irrigation water, seeds of plants, saplings, farm animals, fertilizers, fuel and other materials;

4) implementation of other powers, stipulated by the legislation Republic of Tajikistan.

Article 8. Powers of self-government institutions of settlements and villages in the organization, maintaining and development of personal subsidiary farms

In the organization, maintaining and development of personal subsidiary farms enter powers of self-government institutions of settlements and villages:

1) providing to local executive bodies the government of the cities and regions of offers on allocation of the parcels of land for maintaining personal subsidiary farms;

2) maintaining the pokhozyaystvenny book of accounting of farms;

3) carrying out monitoring of use of the parcels of land for maintaining personal subsidiary farms;

4) implementation of measures for ensuring conducting free and independent activities of personal subsidiary farms in case of production, conversion and sale of agricultural products;

5) implementation of other powers, stipulated by the legislation Republic of Tajikistan.

Chapter 3. The rights and obligations of citizens when maintaining personal subsidiary farm

Article 9. Right of citizens to maintaining personal subsidiary farm

1. Capable citizens of the Republic of Tajikistan to whom the parcels of land for garden plots are provided and (or) to the organization of additional personal subsidiary farm and (or) acquired the right to use the parcel of land for these purposes have the right to maintaining personal subsidiary farm.

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