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ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of June 17, 2008 No. 306

About approval of the Regulations on procedure for providing unproductive agricultural holdings for development and maintaining farm-production

(as amended of the Order of the Government of the Kyrgyz Republic of 11.09.2013 No. 510)

For the purpose of establishment of single procedure for providing unproductive agricultural holdings for development and maintaining farm-production the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Regulations on procedure for providing unproductive agricultural holdings for development and maintaining farm-production (further - the Provision).

2. To the relevant authorized bodies which competence includes consideration of question of providing unproductive agricultural holdings for development and maintaining farm-production, strictly to be guided by requirements of this provision.

3. To impose control over the implementation of this Resolution on the State agency on registration of the rights to real estate under the Government of the Kyrgyz Republic.

Prime Minister

I. Chudinov

Approved by the Order of the Government of the Kyrgyz Republic of June 17, 2008 No. 306

Regulations on procedure for providing unproductive agricultural holdings for development and maintaining farm-production

I. General provisions

1. This Regulations on procedure for providing unproductive agricultural holdings for development and maintaining farm-production (further - the Provision) are developed according to Article 32 of the Land code of the Kyrgyz Republic.

2. The unproductive agricultural ugodyaselskokhozyaystvenny holdings having low-power and unstructured soil layer with low point of site class and requiring big costs on their meliorative improvement.

3. Treat unproductive agricultural holdings:

- the ploughland is bogharic, deposit - with site class point not above 20, with productivity in grain units less than 5 c/hectare, subject to degradation as a result of destruction of the upper soil covering, the soil very strongly bald-headed, strongly salted and saline soils, strongly boggy, strongly stony, strongly solonetzic and solonetzic soils;

- the lands occupied with long-term plantings - with site class point not above 20, with productivity in grain units of less 5,6 of c/hectare, the waters which dried up as a result of absence and source of irrigation, are very strongly salted also osolontsovana, bushed, strongly stony, not yielding fruits and berries;

- haymakings - with site class point not above 20, with productivity in fodder units less 2, c/hectare, strongly stony and boggy, strongly salted and saline soils, strongly solonetzic and the solonetzic soils which are in conditions long, overmoistening;

the paragraph the fifth Item 3 ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 11.09.2013 No. 510

4. Main objective of development of unproductive agricultural holdings - reproduction of fertility of soils, increase in productivity of the lands used in farm-production, preserving ecological equilibrium in the nature.

5. Subjects to development are the unproductive agricultural holdings specified in Item 3 this provision, which are in state-owned property (except lands of the state forest fund, lands of especially protected natural territories).

6. Unproductive agricultural holdings are provided under development for maintaining farm-production for development, in temporary use from 7 to 10 years.

The land user performs the relevant construction and meliorative activities for development of the parcel of land based on the design estimates.

7. The mastered parcel of land can be provided in property according to requirements of this provision after use term.

8. The mastered parcel of land provided in accordance with the established procedure in property is not transferred to other category of lands.

9. Regulations of this provision do not extend to lands of Fund of redistribution of agricultural holdings.

II. Consideration of the petition for providing unproductive agricultural holdings under development

10. The petition for providing the parcel of land of unproductive agricultural holdings under development for maintaining farm-production moves citizens of the Kyrgyz Republic in relevant organ of local self-government in the territory of which there is parcel of land.

In the petition reasons for development of the parcel of land are specified, the copy of the identity document of the applicant, and the plan of the parcel of land offered to development are attached.

11. The local government body and local public administration in whose competence there is provision or the management/order of the considered parcel of land, passes the relevant decision on the basis:

- information on legal status of this parcel of land provided by local registration body;

- the conclusions of the State design institute on land management Kyrgyzgiprozem of the Ministry of Agriculture and Land Reclamation of the Kyrgyz Republic (further - Kyrgyzgiprozem) about low-productivity of the parcel of land prepared by results of inspection of high-quality condition in points of site class of soils and productivity of haymakings.

12. The decision on providing the parcels of land under development shall contain the following data:

- bases;

- borders and the description of location of the parcels of land, including their area and cadastral numbers;

- under what type of agricultural holdings the parcel of land accustoms;

- the order to the applicant on development of the design estimates on development of the parcel of land.

13. The decision on providing the parcels of land under development or about refusal goes to the interested person within three days from the date of adoption of such decision.

14. Providing the parcels of land under development is not allowed:

- in case of establishment according to regulatory legal acts of the Kyrgyz Republic of restriction in providing the parcels of land under development or prohibition;

- in the presence of the negative conclusion of bodies of environmental protection, emergency situations, sanitary and epidemiological surveillance;

- in case of submission of the petition under development not for farm-production;

- in case of arrangement of these lands in borders of settlements according to their master plans and local plans.

15. Development of unproductive agricultural holdings for maintaining farm-production is performed according to the design estimates developed by Kyrgyzgiprozem.

III. Procedure for development and acceptance for operation of the mastered unproductive agricultural holdings

16. Works on development of unproductive agricultural holdings are performed consistently in two stages (technical and biological development).

17. At the first stage works on the layout, removal, transportation and drawing soils and fertile breeds on the developed lands, to construction of irrigational networks, special hydrotechnical constructions and other actions directed to development are carried out.

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