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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 30, 2011 No. 641

About approval of the Procedure for indemnification to land users or users of other registered rights connected with the earth and the losses connected with conclusion of lands from turnover

According to Article 43 of the Land code of the Republic of Tajikistan and article 51 of the Law of the Republic of Tajikistan "About regulatory legal acts" the Government of the Republic of Tajikistan decides:

1) to Approve the Procedure for indemnification to land users or users of other registered rights connected with the earth and the losses connected with conclusion of lands from turnover, standard rates of compensation of losses of selskokhozyastvenny production of the lands connected by withdrawal from agricultural turnover according to appendices 1 and 2.

2) to the Ministry of Finance of the Republic of Tajikistan, the State committee on investments and management of state-owned property of the Republic of Tajikistan, the State committee on land management and geodesy of the Republic of Tajikistan annually at the time of approval of the report on availability of lands and their distribution on categories, grounds and land users for January 1 of the next year to make calculation of index of change of standard rates of compensation of losses of agricultural production and to submit to the Government of the Republic of Tajikistan for approval.

Chairman

Governments of the Republic of Tajikistan Emomalii Rahmon

Appendix 1

Approved by the order of the Government of the Republic of Tajikistan of December 30, 2011, No. 641

Procedure for indemnification to land users or users of other registered rights connected with the earth and the losses connected with conclusion of lands from turnover

1. General provisions

1) the Procedure for indemnification to land users or users of other registered rights connected with the earth and the losses connected with conclusion of lands from turnover (further this Procedure) is developed in compliance of the Land code and other regulatory legal acts of the Republic of Tajikistan.

2) This Procedure extends to agricultural holdings by all types and Categories of lands.

3) Assessment of lands connected with indemnification of the land users and losses connected with withdrawal of lands from turnover is performed in case of seizure of land for the state and social needs before withdrawal of lands from physical persons and legal entities.

4) In case of withdrawal of lands for the state and social needs all costs are estimated according to the procedure established by regulatory legal acts of the Republic of Tajikistan at market prices and estimated taking into account the location of the parcel of land.

5) the Losses of agricultural production connected with withdrawal of lands from turnover are compensated from physical persons and legal entities to which agricultural holdings in the nonagricultural purposes are provided.

2. Indemnification to land users

6) the Losses caused to land users are subject to compensation in full in cases:

- withdrawals of lands for the state and social needs in the cases established by the Land code of the Republic of Tajikistan;

- restrictions of the right of the land user, in connection with establishment of special legal regime of use of lands.

7) In case of assessment of the caused damage to the land user are considered:

- the cost of costs on registration of right to use by the earth;

- real estate value, being on the parcel of land, taking into account fruit-trees, berry, protective and other long-term plantings;

- work in progress cost (plowing, introduction of mineral fertilizers, crops and other works);

- cost of unharvested harvest of crops;

- the losses caused to the land user in connection with early termination of its agreement obligations.

8) In case of determination of the caused losses on real estate and other works and services, in case of withdrawal of the parcel of land or its temporary occupation by the appraiser are considered:

- the cost of the apartment houses, subjects to cultural and community appointment, the production and other immovable imushchestvo located on withdrawn or temporarily occupied parcel of land and the real estate which is outside the withdrawn parcel of land if further use of these objects to destination is impossible;

- the fructifying fruit and berry plantings, and also the performed works of the land user and costs on leaving of plantings according to the submitted approved documents;

- costs for preparation of the soil, landing of plantings and care of them, and also other work types;

- purchase costs of saplings;

- production costs, purchase and use of agrochemicals;

- the work in progress cost (plowing, application of fertilizers, crops, care of crops and other work types), and also cost of sown seeds, the agrochemical and other substances used on the parcel of land;

- the means spent by land users in communication; with rescue and recovery operations of the meliorative objects constructed at the expense of means of the government budget and donated to them.

9) Legal entities and physical persons to which the parcels of land are provided according to the submitted certifying documents of the appraiser compensate their cost or instead of real estate on the new place build equivalent real estate.

10) In case of withdrawal or temporary occupation of the parcels of land therefore operation of hydraulic engineering constructions is in parts or in full broken, the road net, work of antierosion and antimudstone constructions (systems), amount of the caused losses to the land user is determined in accordance with the established procedure or in replacements of these objects construction of new objects or repair of the existing objects are established.

11) In case of cost determination, lands, necessary for recovery of quality, costs for carrying out soil agrochemical and other special researches, project development and cost of the actions providing recovery of quality of lands are considered.

12) the Parcels of land occupied with crops are allocated for new land users, as a rule, after harvesting. In some cases, in case of withdrawal of the parcel of land before harvesting, its cost is compensated taking into account accomplishment by the time of withdrawal of the specified parcel of land of the main agrotechnical actions for cultivation to the corresponding crop and compensated on market value taking into account average productivity of these cultures.

13) the Losses caused by the termination of use of water sources (wells, ponds, wells and others), their cost is determined by market prices of construction of such water sources.

14) In cases when in case of seizure of land need of carrying out intereconomic and intraeconomic land management is established, and also developments of building of settlements, costs for carrying out these works it is provided at the expense of legal entities and physical persons which are interested in withdrawals of the earth.

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