LAW OF THE KYRGYZ REPUBLIC

of July 31, 2009 No. 257

About introduction of the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds

Accepted by Jogorku Kenesh of the Kyrgyz Republic on June 25, 2009

This Law is aimed at providing food security and at protection of especially valuable lands of agricultural purpose in the Kyrgyz Republic.

Article 1. Impose the moratorium on transfer (transformation) of the irrigated lands of ploughland in other categories of lands and types of grounds.

The moratorium does not extend to transfer (transformation) of the irrigated lands of ploughland:

1) to the lands occupied with long-term fruit plantings;

2) to the lands allocated under cemeteries;

3) to the lands allocated under construction of general education objects and health care facilities, sports and improving complexes, the veterinary, phytosanitary and agrobiochemical laboratories which are only in the state-owned or municipal property;

4) to the lands allocated under construction of military, boundary facilities and outposts;

5) to the lands allocated under construction of low and large electrical power production capacities and high-voltage electric lines from 110 kV to 500 kV, substations - from 110 kV to 500 kV;

6) to the lands allocated for gas pipes and their constructions, the industrial and logistic centers, industrial facilities;

7) to the lands allocated under construction and reconstruction iron, highways and bridges, tunnels, platforms public;

8) to the lands allocated under construction of the state and municipal subjects to drinking water supply, water disposal, treatment facilities;

9) to the lands allocated for expansion of the territories of the airports and construction of the airports of the Kyrgyz Republic;

10) to the lands allocated for the purpose of resettlement of the citizens who were affected by emergency situations;

11) to the lands allocated for transfer (transformation) of the separate border territories of the Batken, Osh and Jalal-Abad regions in other categories or types of the lands determined by the Cabinet of Ministers of the Kyrgyz Republic. In these border territories transfer (transformation) of lands in other categories or types is made by the Cabinet of Ministers of the Kyrgyz Republic according to the legislation of the Kyrgyz Republic;

12) in the parcels of land falling under land amnesty.

12-1) to the lands provided under construction of multi-storey apartment houses;

12-2) to the lands which are in administrative borders of the cities. The procedure for transfer (transformation) for the lands which are in administrative borders of the cities is determined by the Cabinet of Ministers of the Kyrgyz Republic;

13) Ceased to be valid according to the Law of the Kyrgyz Republic of 01.04.2022 No. 22;

14) to the lands allocated under construction of sports and improving complexes.

Irrigated the earth of ploughland, translated (transformed) according to part 2 of this Article, cannot be transferred to other categories of lands or be used for other purpose.

According to part 2 of this Article transfer of the irrigated lands of the State fund of agricultural holdings to the lands, types of lands occupied with long-term fruit plantings is not allowed.

The Item 12 of part 2 of this Article does not extend on:

1) the parcels of land having the negative conclusions of the relevant commissions on transfer (transformation) of the parcels of land;

2) the parcels of land which are not meeting the requirements of environmental and sanitary and epidemiologic standards;

3) the parcels of land having relevant decisions of judicial authorities;

4) the parcels of land on which the decision of judicial, authorized bodies introduces the corresponding restrictions.

Article 2. To the Cabinet of Ministers of the Kyrgyz Republic:

- suspend transfer of the irrigated lands of ploughland in other categories of lands or types of grounds;

- develop the regulatory legal acts which are accurately determining transfer procedure of especially valuable lands of agricultural purpose in other categories or types of grounds for the purpose of ensuring food security of the Kyrgyz Republic and the principle of priority of lands of agricultural purpose.

Article 3. To the government of the Kyrgyz Republic to bring the regulatory legal acts into accord with this Law.

Article 4. This Law becomes effective from the date of publication.

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