LAND CODE OF THE REPUBLIC OF TAJIKISTAN

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.

Chapter 1. Basic provisions

Article 1. Land legislation of the Republic of Tajikistan   

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.

Article 1 (1). The relations regulated by the land legislation

The land legislation governs the relations connected with use and protection of lands and also the property relations in the field 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.

Article 1 (2). Basic concepts

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 right of alienation of right to use by the parcel of land.

Article 1 (3). Basic principles of the land legislation

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.

Article 2. Land ownership

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 acquire and 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.

The parcels of land are provided to foreign physical persons and legal entities without the right of alienation of right to use by these parcels of land.

Article 2 (1). Objects of land relations

Objects of land relations are:

- earth as natural object and natural resource;

- parcels of land;

- right to the parcel of land and land share.

Article 2 (2). Right to use by the parcel of land as object of the civil laws

Right to use by the parcel of land with the right of its alienation is special object of civil legal relationship and can be subject of purchase and sale, donation, exchange, lease, pledge and other transactions, and also can pass to other person according to the procedure of inheritance or the universal succession established by this Code and the civil legislation.

Right to use the parcel of land with the right of its alienation is granted to physical persons and legal entities of the Republic of Tajikistan by local executive bodies of the government of the cities and areas on non-paid or paid basis.

The parcels of land provided to physical persons and legal entities with the right to use alienation right are used only according to their purpose.

Nobody can be deprived of right to use by the parcel of land differently as on the bases provided in this Code.

Article 3. Single state land fund

All lands in the Republic of Tajikistan constitute single state land fund and according to purpose are subdivided into the following categories:

1) earth of agricultural purpose;

2) earth of settlements (cities, settlements of city type and rural settlements);

3) earth of the industry, transport, communication, defense and other appointment;

4) earth of nature protection, improving, recreational and historical and cultural appointment;

5) earth of the state forest fund;

6) earth of the state water fund;

7) earth of the state inventory.

The category of lands is specified in the following documents:

a) in the state land cadastre;

b) in the registration land book;

c) in resolutions of executive bodies on provision of lands;

d) in the documents approving rights to use on the earth

Article 4. Competence of Majlisi milli and Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan in regulation of land relations

1. Education, abolition and change of border of administrative and territorial units are within the competence of Majlisi milli of Majlisi Oli of the Republic of Tajikistan in regulation of land relations (The Gorno-Badakhshan Autonomous Region, areas, the cities, areas, settlements and villages).

2. Establishment and change of their borders are within the competence of Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan in regulation of land relations formation of the territories with particular legal regime.

Article 5. Competence of the Government of the Republic of Tajikistan in regulation of land relations

Is within the competence of the Government of the Republic of Tajikistan in regulation of land relations:

a) withdrawal and provision of the parcels of land in the territory of the Republic of Tajikistan in the nation-wide purposes;

b) recognition voided the orders of the Government of the Republic of Tajikistan about withdrawal and provision of the parcel of land, when using the parcel of land not to destination, provided in it;

c) annual approval of the report on availability of lands, their distribution on categories, types and land users of the republic;

d) approval of result of the state quantitative accounting of lands in the administrative territories of the cities and areas;

e) the organization of development and implementation of the state and interstate programs for rational use of lands, increase in fertility of soils, protection of land resources in complex with other nature protection actions;

e) coordination of work of local executive bodies  of the government on implementation of state programs on use and protection of lands;

g) providing in the course of development and submission to Majlisi namoyandagon of Majlisi Oli of the Republic of Tajikistan of the government budget of financing of actions for use and protection of lands;

h) establishment of borders of especially protected natural territories in coordination with relevant organs of executive power at the local level;

i) approval of procedure for establishment of public (forced) servitudes on the parcels of land;

j) general management by land management, establishment of procedure for the organization and maintaining the state land cadastre and monitoring of lands;

k) approval of the land management documentation connected with performance of works, having the state value;

l) establishment of procedure for provision to land users of non-paid and paid right to use by the parcels of land with the right of alienation, the size of the parcels of land which are subject to non-paid or paid provision, the minimum size of the parcel of land which is not subject to separation and also procedure for provision (acquisition) and seizure of land;

m) implementation of other powers provided by this Code and the legislation of the Republic of Tajikistan.

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