LAND CODE OF THE KYRGYZ REPUBLIC

of June 2, 1999 No. 45

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 30, 1999

This Code governs land relations in the Kyrgyz Republic, the origin bases, procedure and the terminations of land rights and their registration, and also is directed to creation of the land and market relations in the conditions of the state-owned, municipal and private property on the earth and rational use of the earth and its protection.

Section I. Basic provisions

Chapter 1. General provisions

Article 1. The concepts applied in this Code

In this Code the following concepts are applied:

1) the secondary market of the earth - the transactions made with the right to the parcel of land granted by authorized body;

2) buildings and constructions - any structures and constructions firmly connected with the earth which movement is impossible without disproportionate damage to their appointment, including apartments, non-residential premises in the apartment house;

2-1) town-planning documentation - documents of drafts of the district layout, master plans, drafts of the detailed layout of land surveying, building of quarters, town-planning nodes and other elements of planning structure of settlements;

2-2) master plan - town-planning documentation on perspective town-planning development planning of the territories of city and rural settlements;

2-3) town-planning activities (further - town planning) - activities of state bodies, local government bodies, physical persons and legal entities in the field of town-planning development planning of the territories of city and rural settlements, determinations of types of use of the parcels of land, designings, constructions and reconstruction of real estate objects according to the legislation of the Kyrgyz Republic;

2-4) the degraded parcels of land of agricultural purpose - the parcels of land which lost the initial useful properties to the condition excluding possibility of their effective use on purpose;

3) land share - the parcel of land of agricultural purpose provided to the citizen of the Kyrgyz Republic according to the procedure, determined by the Cabinet of Ministers of the Kyrgyz Republic;

3-1) town-planning regulations - set the established town-planning documentation, rules of building and land use of parameters and types of the permitted use of the parcels of land and other real estate objects in city and rural settlements, and also admissible changes of real estate objects when implementing town-planning activities;

3-2) state and social needs - the requirements connected with ensuring national security, environmental protection and objects of historical and cultural heritage, placement and servicing of objects with social, manufacturing, transportation, energy, engineering and architectural construction documentation, development of mineral deposits, implementation of international treaties of the Kyrgyz Republic;

4) the parcel of land - the area of the earth in the closed borders;

5) the parcel of land in case of the apartment house - the site including the territory adjacent to the house including green plantings, economic, children's and sports grounds, the platforms equipped for collection of municipal solid waste and other sites which borders are determined by the standard rates accepted in accordance with the established procedure;

6) land fund - all lands which are in borders of the Kyrgyz Republic;

7) the land user - physical person or legal entity, right to use by the parcel of land to which it is granted, transferred or passed in termless (without specifying of term) or urgent (temporary) use;

8) the land user state - the state companies, organizations of the Kyrgyz Republic which received the parcel of land in termless (without specifying of term) or urgent (temporary) use, and also the authorized body in the sphere of the state mortgage housing lending with absolute participation of the state in the authorized capital which is enabling the realization of the state program of housing providing citizens of the Kyrgyz Republic, received the parcel of land within the settlement in unlimited use;

9) the land user municipal - the municipal companies, organizations, the organizations which received the parcel of land in termless (without specifying of term) or urgent (temporary) use;

9-1) zone (procedural zone) - the territory in relation to which (and, respectively, to all parcels of land there located) the town-planning regulations are established;

10) the foreign person - the foreign legal entities, foreign citizens and persons without citizenship acting as the party in land legal relations;

11) the foreign legal entity - the legal entity who has one of following signs:

a) it is created and registered according to the legislation of foreign state;

b) belongs completely to one or more foreign physical persons or legal entities;

c) is controlled or operated by one or more foreign physical persons or legal entities by means of: the written contract, the right to exercise the majority of voting shares, the rights to appoint most of members of executive or supervisory body;

d) it is registered in the Kyrgyz Republic and has at least twenty percent of the authorized capital belonging to the foreign citizens, stateless persons or legal entities mentioned in this Item;

e) it is created on the basis of the international treaty;

12) categories of lands - the lands used or intended to use for the same purpose;

12-1) other earths - type of nonagricultural grounds, concern to them: the sands, stony lands, breaks, lands abounding with crushed stone, landslides, taluses, rocks, cemeteries, lands which are under garbage dump;

13) unproductive agricultural holdings - agricultural holdings with point of site class of soils not higher than 20 or with productivity in fodder units of less 0,8 of c/hectare (for haymakings and pastures), adverse in the meliorative relation and the requiring holding actions for their improvement;

14) authorized state body - the bodies specified in Articles 13-17, 20, of 21 of this Code;

15) especially valuable lands - the irrigated and drained lands, intensively used agricultural holdings (the arable land, lands occupied with long-term fruit plantings, vineyards, deposits, cultural pastures, haymakings and pastures of radical improvement), the lands occupied with the protective woods and the green plantings equated to them, the earth of residential and green suburbs, experienced and experimental fields (grounds) of research establishments and educational institutions;

16) withdrawal of the parcel of land - apportionment (allocation) of the parcel of land with establishment and fixing of its borders on the area based on the decision of authorized body;

17) transfer of the right to the parcel of land - alienation by the owner or land user of the right to the parcel of land or its transfer to temporary use to other person by making of civil transactions;

18) transition of the parcel of land according to the procedure of universal succession - emergence of the property right or right to use by the parcel of land in case of inheritance or by reorganization of the legal entity;

19) the right to the parcel of land - the property right to the parcel of land or the right termless (without specifying of term) or urgent (temporary) use of the parcel of land;

20) right to use by the parcel of land which is in the state-owned or municipal property - the right on termless (without specifying of term) or urgent (temporary) use of the parcel of land which is in the state-owned or municipal property;

21) right to use by the parcel of land - the corporeal right of physical persons and legal entities, not being the owner of the parcel of land;

22-1) legal zoning - activities of local government bodies and specially authorized state bodies in the field of development and implementation of rules of building and land use of the territories of city and rural settlements;

23) provision of the rights to the parcel of land - provision by authorized body in property or in use to physical persons and legal entities of the parcel of land which is in the state-owned or municipal property;

23-1) rules of building and land use of the territories of city and rural settlements (further - rules of building and land use) - the regulatory legal acts regulating use and construction changes of real estate objects by means of introduction of town-planning regulations;

The personal plot - did not put on 24), and the parcel of land allocated by public authorities or local self-government for citizens for individual housing construction with the site adjoining to it;

24-1) permitted use of the parcels of land and other real estate objects - use of real estate objects according to the town-planning regulations established in town-planning documentation of settlements and rules of land use and building and also the restrictions for use of the specified objects established according to the legislation of the Kyrgyz Republic, and also servitudes;

24-2) market value - the most probable price at which object of assessment can be aloof in the public market in the conditions of the competition when the parties of the transaction are effective reasonably, having all necessary information, and no force majeure exert impact on the size of transaction price;

25) the garden and garden site - the parcel of land allocated by public authorities or local self-government to the companies, organizations and citizens of the Kyrgyz Republic for the organization of cooperative gardening partnership for production of vegetables, fruit including agricultural products;

26) agricultural holdings - the parcels of land used for production of agricultural products namely: the arable land, deposit, lands occupied with long-term plantings, haymakings and pastures;

26-1) types of nonagricultural grounds - garden plots; collective kitchen gardens and gardens; forest lands, trees and bushes; the lands which are under water, roads, runs, buildings, constructions, the yards, streets; the destroyed lands, other lands;

27) the servitude - the right of person to limited target use of the parcel of land which is in property or in use at other person;

28) office allotment - the parcel of land provided by the state and municipal land users to the workers in the procedure established by this Code;

29) fund of redistribution of agricultural holdings - the parcels of land created from agricultural holdings (except for pastures) and being in state-owned property;

30) purpose of lands - use of the parcels of land for the purpose of specified in the documents certifying the rights to the parcel of land in the agreement or other documents of title.

31) the lands provided for use of natural resources - the parcels of land provided to the subsoil user for the development of minerals performed based on the license for mineral right, the concession treaty, the production sharing agreement and state registration, stipulated by the legislation the Kyrgyz Republic, and construction of facilities of infrastructure (roads, the field camp and warehouses from easy structure, the power line (power line) and other infrastructure facilities used only for the purpose of subsurface use) determined in graphical documentation in rectangular system of coordinates by its angular points;

32) Ceased to be valid according to the Law of the Kyrgyz Republic of 19.04.2019 No. 49;

33) Toeplitz is the specially equipped construction of easy design intended for cultivation, reproduction and preserving crops (vegetable, melon, decorative, tropical, subtropical and other cultures), carrying out the scientific research and other purposes which are not contradicting the legislation of the Kyrgyz Republic;

34) less valuable agricultural holdings - agricultural holdings, except for especially valuable agricultural holdings.

Article 2. Land legislation

1. Land relations in the Kyrgyz Republic are governed by the Constitution of the Kyrgyz Republic, the Civil code of the Kyrgyz Republic, this Code, the laws of the Kyrgyz Republic, and also presidential decrees of the Kyrgyz Republic, resolutions of Jogorku Kenesh of the Kyrgyz Republic, resolutions of the Cabinet of Ministers of the Kyrgyz Republic issued according to them.

2. The regulations of the land right containing in other laws and other acts of the legislation shall correspond to this Code.

3. In case of contradiction of the regulations of the land right containing in regulatory legal acts, to provisions of the Land code provisions of this Code are applied.

4. The relations on use and protection of subsoil, forest and water resources, plant and animal life, atmospheric air are regulated by the legislation of the Kyrgyz Republic.

Article 3. Principles of the land legislation

The land legislation of the Kyrgyz Republic is based on the following principles:

1) preserving earth as natural object, basis of life, development and activities of the people of the Kyrgyz Republic;

2) providing the state and ecological safety;

3) market groupings of the earth and its effective functioning;

4) observance and protection of the rights and legitimate interests of owners of the parcels of land and land users;

5) effective use of lands;

6) target use of lands;

7) priority of lands of agricultural purpose;

8) availability of information on land rights;

9) state support of actions for use and protection of lands;

10) prevention of damnification to the earth or elimination of its consequences;

11) payments for the earth;

12) equalities of all patterns of ownership on the earth.

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