PRESIDENTIAL DECREE OF THE KYRGYZ REPUBLIC

of March 14, 2023 unitary enterprise No. 56

About measures for the prevention and suppression of illegal placement of objects of roadside service (including trade) on lands along highways (the earth of strip of branch and roadside strip)

In recent years the Cabinet of Ministers of the Kyrgyz Republic, local public administrations and local government bodies conduct work on streamlining and legal settlement of situation with illegal placement of objects of roadside service and spontaneous trade on lands along highways of the international and state value (the earth of strip of branch and roadside strip).

However, despite the work which is carried out by state bodies, in violation of the law of the Kyrgyz Republic in the field of roads practice of the organization and placement on the specified sections of highways of objects of roadside service without requirements of the legislation of the Kyrgyz Republic in the field of roads continues.

At the same time the question of suppression of illegal placement on highways of objects of roadside service and conducting unauthorized trade rose repeatedly as is one of burning issues of the last years. In particular, the illegal organization and placement of objects of roadside service in places unappropriated for this purpose endanger health of the population, so, for example, with approach of season on the specified sites there are dealers in berries, fruit, fish and other food, which absorb in themselves roadside dust and exhausts from machines that affects their quality and constitutes health hazard of the person.

Besides, the specified illegal actions create the situations posing threat in general for all participants of traffic, including violators as the drivers wishing to purchase goods make inadmissible maneuvers (turn), stop in the prohibited places, come to other party of carriageway, thereby creating emergency.

For the purpose of protection of life and health of the population of the Kyrgyz Republic, increase in traffic safety on highways, and also suppression of activities for illegal placement of objects of roadside service, including unauthorized trade along highways of the international and state value (the earth of strip of branch and roadside strip), respecting the rule of law and law and order, being guided by Articles 66, 71 Constitutions of the Kyrgyz Republic, I decide:

1. Prohibit the organization and placement along highways of the international and state value (lands of strip of branch and roadside strip) (further - highways) the objects of roadside service (outlets, food Items, etc.) (further - objects of roadside service) which are not conforming to requirements of the legislation of the Kyrgyz Republic in the field of roads and town-planning documentation.

2. To the Ministry of Transport and Communications of the Kyrgyz Republic:

- strengthen work on the termination and non-admission of illegal placement along highways (lands of strip of branch and roadside strip) objects of roadside service;

- arrange work on issue of permissions to lands along highways (the earth of strip of branch and roadside strip) for placement of objects of roadside service;

- conduct constant control behind non-admission and suppression of illegal placement of objects of roadside service along highways (the earth of strip of branch and roadside strip), and also behind issue of permissions to the specified lands;

- in the procedure established by the legislation in the field of roads to take measures for the termination and non-admission of activities illegal the placed objects of roadside service;

- speed up scheduled maintenance and further on permanent basis to carry out information and explanatory work with persons violating requirements of the legislation of the Kyrgyz Republic in the field of roads.

3. To service on land and water supervision under the Ministry of Agriculture of the Kyrgyz Republic in the procedure established by the land and road legislation to take adequate measures on the facts of illegal use of lands along highways (lands of strip of branch and roadside strip).

4. Determine that in case of identification of the objects of roadside service built on lands of highways (the earth of strip of branch and roadside strip) with violation of the requirements established by the road legislation, the specified objects are subject to demolition according to the procedure, established by the legislation of the Kyrgyz Republic in the field of roads.

5. To the state agency of architecture, construction and housing and communal services under the Cabinet of Ministers of the Kyrgyz Republic to strengthen control of reconciliation procedure and (or) issues of the project documentation on construction of facilities of roadside service with compliance with law in the field of roads.

6. Recommend to executive bodies of local self-government:

- prohibit issue of allowing documents for lands along highways (the earth of strip of branch and roadside strip);

- terminate all signed lease agreements on the lands located on strip of branch and roadside strip;

- on permanent basis of message work on the warning to the illegal organization and placement of objects of roadside service along highways (the earth of strip of branch and roadside strip);

- have with populations/physical persons and legal entities explanatory talk about danger and non-admission on lands along highways (the earth of strip of branch and roadside strip) of the illegal organization and placement of objects of roadside service, including trade, formed in defiance of requirements of the road legislation of the Kyrgyz Republic.

7. To bodies of prosecutor's office of the Kyrgyz Republic to perform:

- legality (certifying) documents issued title and permissions to lands along highways (the earth of strip of branch and roadside strip) for the organization and placement of objects of roadside service;

- observance of requirements of the road legislation of the Kyrgyz Republic by relevant organs.

8. To department of organizational work and interaction with management regions of preparation of decisions of the President and the Presidential Administration Cabinet of Ministers of the Kyrgyz Republic to take execution of the road legislation of the Kyrgyz Republic by local government bodies on control.

9. 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.

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

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info