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LAND CODE OF THE REPUBLIC OF MOLDOVA

of December 25, 1991 No. 828-XII

(as amended on 11-06-2020)

Chapter I General provisions

Article 1. Land legislation

Land relations are regulated by the Constitution of the Republic of Moldova, this code and other legal acts adopted according to it.

The relations in the field of use and protection of other natural wealth (subsoil, the woods, waters, plant and animal life, atmospheric air) are regulated by the special legislation.

Article 2. Land fund and its structure

All lands, irrespective of their assignment and type of property on them, constitute land fund of the Republic of Moldova.

The land fund depending on basic purpose consists of the following categories:

earth of agricultural purpose;

lands within settlements;

earth of the industry, transport, communication and other special purpose;

earth of nature protection, improving, recreational, historical and cultural assignment, residential and green suburbs;

earth of forest fund;

earth of water fund;

earth of reserve fund;

Article 2.1. Objects of land relations

Objects of land relations are the parcels of land, land shares and the rights to them.

The parcels of land are characterized by the area, location, borders, have the legal status and other characteristics reflected in documents of the state registration of land right.

The parcels of land and the related objects (soils, the closed reservoirs, the woods, long-term plantings, buildings, structures, constructions, etc.) which movement without direct loss is impossible for their assignment, are real estate.

The parcels of land can be divisible and indivisible.

The parcels of land which without change of their purpose, violations of fire protection, sanitary, environmental, agrotechnical and town-planning regulations can be separated into parts are considered as dividends, each of which after the Section forms the independent parcel of land.

In the cases provided by the law the parcel of land can be recognized as indivisible.

Object of land relations are also land shares in the parcel of land which is in joint use.

Land shares have the quantitative expression and the description containing specifying on assignment and types of grounds. Land shares in nature are not limited.

Article 3. Land ownership

Lands in the Republic of Moldova can is in public and private property.

The state protects equally both types of property.

The relations of land ownership are established by the legislation.

Article 4. Owners of lands

The concept "owners of lands" is implied having the earth by the property right, ownerships also as uses.

Citizens of the Republic of Moldova and foreign investors according to the legislation can be owners of lands on the right of private property.

All categories of owners of lands use protection at the state.

Return of lands to the former owners and their heirs is not allowed. The parcels of land in property on the conditions provided by this code can be provided to them.

Article 5. Ecological protection of the earth

The earth as the vital space, means of farm-production and the location of all objects of activities of the person is protected by the state.

Ecological protection of lands has priority before other types of activity.

Article 6. Powers of the state in the field of land relations

Allocate with the earth and alienate it, land rights for its owners to recognize authorized only state bodies.

The state supports financially, financially and organizationally effective development of all forms of managing on the earth, the rearmament of agricultural industry directed to improvement of processing and development of the earth in case of the corresponding reducing losses and the waste contaminating it, the researches of environmental, economic, social problems allowing to prove new investments into agricultural industry, measures for protection of the earth as bases of stable development of farms provides economical use of lands and reducing the areas occupied with constructions, guarantees the property right and other rights of owners of the earth.

Bodies of local public authority form the land commissions consisting of advisers of local councils, specialists of the state land management bodies and bodies for privatization, representatives of agricultural enterprises and inhabitants of the corresponding administrative and territorial units. Functions of the land commissions are determined in the provision developed by the Government.

Article 6.1. State land registration and rights to them

The parcels of land irrespective of assignment and type of property, and also the right to them are subject to the state registration in the real estate register of territorial cadastral authority according to the procedure established By the law about the inventory of real estate.

The state land registration and the rights to them in the real estate register of territorial cadastral authority includes:

registration of the right to the parcel of land which borders are finally not established;

the caused registration of the property right to the parcel of land if the owner of the site has no the document confirming the property right;

the caused registration of the property right to the parcel of land if the owner of the site cannot be identified;

complex land registration and rights to it.

Registration of the property right to the parcel of land which borders are finally not established is performed and if the site is not delimited in nature, is not mapped or its borders are not approved with adjacent owners. In this case before establishment of borders of the site according to the legislation the right of each owner to share of the equivalent earth is registered.

If the owner of the parcel of land has no the document confirming the property right to it before taking measures to establishment of the property right it is the right is registered is caused addressed to the owner of the parcel of land with the corresponding mark in the real estate register. During action of the caused registration the owner of the parcel of land has no the right of implementation of transactions with this site.

If in the course of registration neither the property right to the parcel of land, nor his owner can be identified, the site is registered is caused as property of administrative and territorial unit in which borders it is located. The relevant organ of local public authority has no right to perform transactions with this site before consideration of this case upon the demand of this body in degree of jurisdiction which the final decision recognizes the parcel of land ownerless according to provisions of the Civil code.

For the purpose of the state land registration and the right to it to territorial cadastral authority the documents confirming the right to it stipulated in Article the 20th of this Code are submitted.

The unregistered property right to the parcel of land is nullified in the relations with the third parties, including with the state not aware of existence of this right.

For registration in territorial cadastral authority of the property right to the parcel of land after the term established by the law the double payment established by the current legislation is brought.

Chapter II Competence of Parliament, Government, bodies of local public authority in land relations

Article 7. Competence of Parliament

Enter competence of Parliament:

legislative regulation of land relations in all territory of the Republic of Moldova;

organization of control of observance of the land legislation;

determination of lands with special legal regime;

establishment of rates for calculation of standard price of the earth and rates of the land tax;

the solution of other questions entering competence of Parliament.

Article 8. Competence of the Government

Enter competence of the Government:

subparagraph one of Article 8 ceased to be valid according to the Law of the Republic of Moldova of 08.02.2018 No. 5

development of measures for protection of the parcels of land, including on fight against weeds and the prevention of their distribution, and the organization of their execution;

maintaining land cadastre and the organization of land management in the territory of the republic;

approval of annual land cadastre;

establishment of procedure for collection of the land taxes and other payments;

the subparagraph of the sixth Article 8 ceased to be valid according to the Law of the Republic of Moldova of 08.02.2018 No. 5

change of category of lands of special purpose;

development of programs, schemes, projects and plans of land management in the republic and ensuring their implementation;

development of single technique of assessment of lands;

organization of control of use and protection of lands;

approval of borders of administrative and territorial units on the basis of offers of regional or local government boards;

determination of the list of the companies, organizations and organizations which lands remain in state-owned property, and its representation on approval to Parliament;

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