LAND CODE OF THE REPUBLIC OF MOLDOVA

of February 15, 2024 No. 22

The parliament accepts this code.

Chapter I. General provisions

Part 1. Subjects of land relations

Article 1. Regulation subject

(1) This code regulates the legal regime of land fund of the Republic of Moldova and land relations arising between persons.

(2) the land fund of the Republic of Moldova includes all lands, irrespective of type of property, category of the appointment or the act confirming the right of their owner.

(3) Land relations represent set of legal relationship which are established between owners of the earth or between them, on the one hand, and bodies of the public power, on the other hand, based on the law, transactions or dispositive facts.

(4) Land relations are governed by the Constitution of the Republic of Moldova, the Civil code, this code and other regulations in the field.

Article 2. Object of land relations

(1) the Object of land relations is the earth as the natural resource protected by the state which consists of all parcels of land which are in the territory of the country.

(2) the Parcel of land is characterized by the area, location, borders, legal status, appointment and quality of the soil (further – characteristics of the parcel of land).

(3) the Parcel of land can be divisible and indivisible.

(4) the Parcel of land is considered dividend if it can be divided into parts without change of its appointment and if after the Section it forms the independent parcels of land.

(5) the Parcel of land is considered indivisible if its characteristics do not allow to create it as independent property according to technical standard rates.

(6) In the cases established by the law the parcel of land can be recognized as indivisible.

Article 3. Classification of lands

(1) Depending on type of property of the earth of land fund are subdivided on:

a) the lands which are in public property of the state;

b) the lands which are in public property of administrative and territorial units;

c) the lands which are in private property.

(2) Depending on the sphere of the earth, the states which are in public property or administrative and territorial units, are subdivided on:

a) earth of the public sphere;

b) earth of the private sphere.

(3) Depending on purpose of the earth of land fund are subdivided into the following categories:

a) earth of agricultural purpose;

b) the lands intended for forest fund;

c) the lands intended for water fund;

d) the lands intended for structures and constructions;

e) earth of special purpose;

f) earth of nature protection appointment and objects of cultural heritage.

(4) Earth from each category of appointment several methods of use can have.

(5) the Administrative authority which implements politicians in the field of land reclamation, land relations and monitoring of lands, approves the qualifier of lands on categories of appointment and use.

Article 4. Subjects of land relations

(1) Subjects of land relations are owners of lands.

(2) for the purposes of of this Code owners of lands are implied as owners of the property right, the limited corporeal rights to the earth, and also persons who according to the civil legislation act as land owners.

(3) Depending on purpose of lands of the right of subjects of land relations can be limited to the law.

Part 2. Competences of bodies of the public power in land relations

Article 5. Competence of the Government

In the field of land relations the Government has the following competences:

a) provides the organization and strategic planning, development and approval of program documents, regulatory and institutional base for enforcement of policy in the field of land use, improvement and preserving soils of the Republic of Moldova;

b) approves the list of the lands which are in property of the state with differentiation on accessory and on areas;

c) manages the lands which are in property of the state through bodies of the central public management;

d) changes category of purpose of the lands which are in property of the state;

e) provides and will organize control on use and protection of the soil;

f) makes according to the law decisions on transactions on property management of the public sphere of the state, and also on transactions on management or the order of property of the private sphere of the state;

g) accepts resolutions on exchange of the lands which are in property of the state;

h) accepts resolutions on transition of the lands which are in property of the state from the public sphere to the private sphere of the state and vice versa;

i) approves measures for application of the provisions established by this code;

j) accepts resolutions on transfer of the lands which are in property of the state, to administrative and territorial units and vice versa, on their request and from their consent;

k) approves methodology of calculation of payment for the lands which are in property of the state;

l) approves the technical and methodological regulatory base in the field of land reclamation, land relations and monitoring of lands.

Article 6. Competence of the central industry body providing development the politician in the field of land reclamation, land relations and monitoring of lands

The central industry body providing development the politician in the field of land reclamation, land relations and monitoring of lands has the following competences:

a) develops politicians in the field of land reclamation (preserving, improvement and increase in fertility of the soil) and carries out its monitoring;

b) develops politicians in the field of land relations and monitoring of lands;

c) develops based on results of scientific research of measure for protection of soils in agricultural practice;

d) claims proper practicians of use of farmlands;

e) provides development of rules of creation and maintaining land cadastre;

f) develops technical and methodological base in the field of land reclamation, land relations and monitoring of lands.

Article 7. Competence of administrative authority which implements politicians in the field of land reclamation, land relations and monitoring of lands

The administrative authority which implements politicians in the field of land reclamation, improvement of land relations and monitoring of lands has the following competences:

a) implements politicians in the field of land reclamation (preserving, improvement and increase in fertility of the soil);

b) implements politicians in the field of land relations and monitoring of lands and will organize works on regulation of monitoring of lands;

c) implements politicians in the field of land cadastre;

d) implements politicians in the field of differentiation of the lands which are in property of the state depending on circumstances.

Article 8. Competence of bodies of local public authority of the second level / special level

In the field of land relations authorized bodies of local public authority of the second level and People's Assembly of ATO Gagauzia have the following competences:

a) make decisions on exchange of the lands located in their territory which are in property of administrative and territorial unit;

b) the parcels of land within administrative and territorial unit of the second level or ATO Gagauzia approve the states remaining in property;

c) make according to the law decisions on borders of administrative and territorial units of the second level;

d) change purpose of the lands which are in property of the area, municipium or ATO Gagauzia in the procedure established by this code;

e) approve change of borders of administrative and territorial units in case of transfer of some lands from structure of one administrative and territorial unit of the first level in structure of other administrative and territorial unit of the first level based on decisions of authorized body of local public authority;

f) make according to the law decisions on transactions on property management of the public sphere of the area, municipium or ATO Gagauzia, and also on transactions on management or on the order of property of the private sphere of administrative and territorial unit of the second level or ATO Gagauzia;

g) expropriate lands for works of local value according to the Law on expropriation for the socially useful purposes No. 488/1999.

Article 9. Competence of bodies of local public authority of the first level

(1) in the field of land relations authorized bodies of local public authority of the first level have the following competences:

a) establish according to the law of border of administrative and territorial unit of the first level;

b) make decisions on change of purpose of the lands which are in property of administrative and territorial unit of the first level or in property of the physical or legal entity, located in its territory based on the statement of the owner, except for the lands which are in property of the state, in the procedure established by this code;

c) make according to the law decisions on transactions on property management of the public sphere of administrative and territorial unit, and also on transactions on management or the order of property of the private sphere of administrative and territorial unit;

d) make decisions on exchange of the lands which are in public property of administrative and territorial unit, located in its territory;

e) make decisions on change of procedure for use of lands of the agricultural purpose provided by Items b), f) and g) parts (2) Article 23;

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