Document from CIS Legislation database © 2003-2022 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF TAJIKISTAN

of March 5, 1992 No. 594

About land reform

(as amended on 03-03-2006)

Chapter 1. General provisions

Article 1. Tasks and purpose of land reform

Tasks of land reform in the Republic of Tajikistan are creation of conditions for equal development of different forms of managing on the earth, forming of multistructure economy, rational use and protection of lands for the purpose of increase in production of agricultural products.

Article 1 (1). Legislation of the Republic of Tajikistan on land reform

The legislation of the Republic of Tajikistan on land reform is based on the Constitution of the Republic of Tajikistan and consists of the Land code of the Republic of Tajikistan, this Law, other regulatory legal acts and the international legal acts recognized by the Republic of Tajikistan.

Article 2. Content of land reform

1. The land reform is set of the legal, economic and organizational and technical measures providing transition to qualitatively new land relations.

2. When holding land reform the right of each citizen and collective to voluntariness in the choice of landowning forms, land use and economic deyatelmnosti on the earth is provided.

Reclamation of the lands which were earlier belonging to ancestors and religious institutions is not allowed.

3. it (is excluded).

Article 3. Main directions of land reform

The main directions of land reform are:

carrying out inventory count of all lands on categories, land ownership, land use and types of grounds;

identification of not used and irrationally used lands for creation of special land fund of local executive bodies of the government for the purpose of subsequent its redistribution for more effective use of lands;

provision of lands in for life the inherited use to citizens of the Republic of Tajikistan for the organization of Dehkan (farmer) farms and traditional national crafts, and also personal plot;

redistribution of lands in cases of transformation of structure of agricultural organizations and companies;

establishment and refining of borders of administrative-territorial educations, settlements and their land and economic device;

registration and re-registration of documents for right to use by the parcel of land.

Article 4. Stages of holding land reform

The land reform is undertaken step by step.

At the first stage to local executive bodies of the government the order right by the earth, amendments of administrative borders, detection of requirements of physical persons and legal entities on the earth, forming of special land fund for its subsequent redistribution is transferred.

At the second stage local executive bodies of the government and state body on land management of the Republic of Tajikistan perform according to the legislation of the Republic of Tajikistan work on transfer of lands to physical persons and legal entities for use.

Article 5. The bodies performing land reform

1. Holding land reform is assigned to local executive bodies of the government and state body on land management of the Republic of Tajikistan.

2. State body on land management of the Republic of Tajikistan and its bodies on places carry out the following tasks on providing land reform:

state registration of land use and registration of the rights use of the earth;

conducting the state accounting of lands, land cadastre and monitoring of lands;

land management implementation, creation of general schemes of use of lands, schemes and projects of land management, assessment of lands, mapping of categories of lands;

state control of use of lands;

Local executive bodies of the government within the powers make decisions concerning land reform and land management based on the materials provided by the public land management service of the Ministry of Agriculture of the Republic of Tajikistan.

Article 6. Financial provision of land reform

The land reform is undertaken at the expense of republican and local budgets, land users and other sources.

Chapter II. Inventory count of lands

Article 7. Tasks and carrying out inventory count of lands

Inventory count of lands is carried out for the purpose of refining of data on availability and distribution of land fund of the Republic of Tajikistan.

Inventory count of lands is carried out on categories of lands, land ownership, land use and to types of grounds.

Chapter III. Special fund of executive bodies on places (hukumat)

Article 8. Creation of special land fund

1. The special land fund is created for the account:

lands, the right use of which is subject to the termination according to Article 37 of the Land code of the Republic of Tajikistan;

the agricultural holdings which were disposed from turnover or transferred to less valuable lands;

lands of inventory;

the lands of forest fund which are not covered with the wood suitable for use in agricultural production;

the lands which are irrationally used;

lands of agricultural organizations and the companies, earlier not used in agricultural production;

2. The earth of special fund of local executive bodies of the government, not completely distributed in the current year, join in the state reserve fund.

Article 9. Appointment of special land fund

The special land fund is provided by local executive bodies of the government to physical persons and legal entities for agricultural use and other purposes.

Article 10. Identification of not used and irrationally used lands

1. Identification of not used and irrationally used lands is performed to state bodies on land management of the Republic of Tajikistan by carrying out inventory count, and also according to the procedure of control of observance of the land legislation of development of schemes and projects of land management, maintaining land cadastre and monitoring of lands.

2. Materials about the lands revealed not used and irrationally used go to local executive bodies of the government for the solution of question of withdrawal and transfer of these lands in special fund.

Article 11. Withdrawal and inclusion of lands in special fund

The parcels of land are withdrawn from land users by local executive bodies of the government for their inclusion in special fund on the basis of the documents submitted by state body on land management of the Republic of Tajikistan.

The consent of land users to withdrawal of sites for transfer in special land fund is not required.

In case of disagreement with the decision on withdrawal of lands it can be appealed in court or economic court.

Before transfer of lands to new land users they are used by former land users.

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