of December 13, 1996 No. 327
This Code governs land relations and is directed to creation of conditions for rational use and protection of lands, reproduction of fertility of soils, preserving and improvements of the environment, for equal development of all forms of managing.
The land legislation of the Republic of Tajikistan is based on the Constitution of the Republic of Tajikistan and consists of of this Code, other regulatory legal acts of the Republic of Tajikistan, and also the international legal acts recognized by Tajikistan.
The land legislation governs the relations connected with use and protection of lands and also the property relations in the sphere of land use arising in connection with receipt (acquisition of right) of the right of alienation of right to use by the parcel of land.
The relations connected with protection and use of natural resources, waters, the woods, fauna and other natural wealth, environmental protection, especially landscape protection areas and objects of atmospheric air and special historical and cultural objects are regulated by the legislation of the Republic of Tajikistan. Regulations of the specified areas of rather land relations are effective in that part if these relations are not governed by the land legislation.
In this Code the following basic concepts are applied:
- the parcel of land - part of the earth with the rights determined concerning it which has certain category and the permitted use appearance, the fixed borders, the area and location;
- the land user - physical person or legal entity to which the parcel of land is provided (is acquired) with the right of alienation of right to use or without the right to use alienation right;
- Single state land fund - set of the parcels of land located in the territory of the Republic of Tajikistan which consists of certain categories of the parcels of land with certain purpose;
- category of the earth - the part of Single state land fund allocated on the main purpose, having certain legal regime;
- purpose of lands - use of the parcels of land for the purpose of specified in the documents certifying the right to the parcel of land;
- the servitude - the right of person and (or) persons on the limited use of the parcel of land which is in use of other person, underwent state registration in accordance with the established procedure;
- the right to use by the parcel of land acquired (acquired) according to this Code and the civil legislation of the Republic of Tajikistan and which underwent in accordance with the established procedure state registration the right of the unlimited, urgent or lifelong inherited use provided on the basis of the lease agreement, to the parcel of land according to this Code or the right of the unlimited, urgent or lifelong inherited use of the parcel of land with the alienation right.
This Code and other regulatory legal acts of the land legislation accepted according to it are based on the following principles:
- preserving Single state land fund, improvement of quality and increase in fertility of soils as major natural resource;
- ensuring effective use of the earth;
- ensuring special protection, expansion and strict target use of agricultural holdings;
- the organization of the market of rights to use by the earth, its effective functioning and non-admission of exclusive activities in the market of rights to use by the earth;
- rendering the state support in holding actions for increase in fertility of agricultural holdings, to improvement of meliorative condition and protection of lands;
- non-interference of state bodies to activities of physical persons and legal entities for acquisition, use and alienation of right to use by the parcels of land, except as specified, provided by this Code and the legislation of the Republic of Tajikistan;
- prevention of harming earth, environment and providing ecological safety;
- variety of forms of managing, ensuring equality of land users, protection of their legitimate rights and interests;
- ensuring equality of participants of land relations, protection of their legitimate rights and interests;
- paid nature of use of the earth;
- availability of information on the parcels of land.
The earth in the Republic of Tajikistan is exclusive property of the state, and the state guarantees its effective use for the benefit of the people.
Reclamation of the lands which were earlier belonging to ancestors is not allowed.
Physical persons and legal entities of the Republic of Tajikistan can alienate right to use by the parcel of land on the bases, conditions and in the limits set by this Code and the civil legislation.
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