RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of August 9, 2024 No. 466

About approval of the Regulations on exchange of the parcel of land which is in state-owned property for realization of the national objectives determined by the Cabinet of Ministers of the Kyrgyz Republic in the field of construction of facilities of the state value and the state program of housing providing citizens of the Kyrgyz Republic

According to Item 7 of Article 29 of the Land code of the Kyrgyz Republic, 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 exchange of the parcel of land which is in state-owned property for realization of the national objectives determined by the Cabinet of Ministers of the Kyrgyz Republic in the field of construction of facilities of the state value and the state program of housing providing citizens of the Kyrgyz Republic according to appendix.

2. This resolution becomes effective after fifteen days from the date of official publication.

Appendix

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of August 9, 2024 No. 466

Regulations on exchange of the parcel of land which is in state-owned property for realization of the national objectives determined by the Cabinet of Ministers of the Kyrgyz Republic in the field of construction of facilities of the state value and the state program of housing providing citizens of the Kyrgyz Republic

Chapter 1. General provisions

1. This Provision determines procedure and terms of the exchange of the parcel of land which is in state-owned property on the parcel of land and/or goods for construction of facilities of the state value and the state program of housing providing citizens of the Kyrgyz Republic (further - goods for construction) belonging to physical persons and legal entities for the purpose of realization of national objectives.

2. For the purposes of this provision the following basic concepts are used:

1) national objectives - the tasks of the state in the field of construction of facilities of the state value and the state program of housing providing citizens of the Kyrgyz Republic determined by decisions of the Cabinet of Ministers of the Kyrgyz Republic and also in the actions provided by the state strategic documents, short and mid-term plans of actions of the Cabinet of Ministers of the Kyrgyz Republic;

2) the state land user - the state companies, organizations of the Kyrgyz Republic which received the parcel of land in termless (without specifying of term) or urgent (temporary) use, and also the authorized body in the field of the state mortgage housing lending with absolute participation of the state in the authorized capital which is enabling the realization of the state program of housing providing citizens of the Kyrgyz Republic, received the parcel of land within the settlement in unlimited use;

3) the interested person - the owner of the parcel of land and/or the goods for construction which are in private property, expressing interest in implementation of exchange for the parcel of land being in state-owned property;

4) the interdepartmental commission - the commission created by the state land user for carrying out exchange of the parcel of land which is in state-owned property.

3. The parcels of land which are in state-owned property subjects to exchange shall be free from the third party rights and not have restrictions (encumbrances).

4. Action of this provision does not extend to the parcels of land which are in state-owned property:

- on which buildings, structures and constructions, property complexes are located;

- belonging to lands of especially protected natural territories, forest and water fund, pastures, and also the State fund of agricultural holdings.

Chapter 2. Initiation of exchange of the parcel of land

5. The state land user for the purpose of accomplishment of national objectives initiates process of exchange of the parcel of land which is in state-owned property.

6. For preparation for exchange of the parcel of land the state land user posts on the official website (in case of absence - on the official website of higher state body) the information message containing the following information:

1) data on the size, location, category and purpose of the parcel of land;

2) the attached scanned copies of the right certifying document on the parcel of land;

3) references of authorized state body in the field of town planning and architecture about parameters of the permitted use of the parcel of land according to town-planning documentation, Rules of building and land use, town-planning regulations;

4) market value of the parcel of land and/or goods for construction;

5) specifying of national objective and the short description of parameters of the parcel of land required for exchange and/or goods for construction;

6) deadline and the place of acceptance of offers from interested persons;

7) the list of data and documents which interested persons and the application form shall provide.

7. The state land user according to the address of interested persons shall provide access to the parcel of land for the purpose of its survey, and also give access to the report on market value of the parcel of land, the title, right certifying and other documents on the parcel of land.

8. In time, established in the information message, interested persons send to the state land user:

1) the statement in form according to appendix to this Provision;

2) for physical persons - the copy of the identity document;

for individual entrepreneurs - the copy of the certificate on state registration (re-registration) of the physical person who is engaged in business activity;

for legal entities - the copies of the certificate on state registration (re-registration) of the legal entity, constituent documents certified by seal of the specified legal entity;

3) notarized copies of the title, right certifying and other documents on the parcel of land and/or goods for construction belonging to the interested person;

4) references of authorized state body in the field of registration of the rights to real estate about availability or lack of encumbrances (restrictions) for the parcel of land and lawsuits (if for exchange the parcel of land is offered);

5) certificates of authorized tax authority of absence of debt on the tax discharge on the parcel of land and/or goods for construction;

6) references of authorized state body in the field of town planning and architecture about parameters of the permitted use of the parcel of land of the interested person according to town-planning documentation, Rules of building and land use, town-planning regulations (if for exchange the parcel of land is offered);

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