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The document ceased to be valid according to article 20 of the Law of the Republic of Tajikistan of July 19, 2022 No. 1891

LAW OF THE REPUBLIC OF TAJIKISTAN

of December 8, 2003 No. 47

About personal subsidiary farm

(as amended on 28-06-2011)

Chapter 1. General provisions

Article 1. Purpose of this Law

This Law determines the legal basis of the organization and maintaining by citizens personal subsidiary farm, and also measure of their support of the government by relevant organs and guarantees to citizens of the Republic of Tajikistan the right to the organization of personal subsidiary farms, their economic independence, protection of the rights and legitimate interests of the citizens performing maintaining personal subsidiary farm

Article 2. Legislation on personal subsidiary farm

The legislation of the Republic of Tajikistan on personal subsidiary farm is based on the Constitution of the Republic of Tajikistan, and consists of this Law, other regulatory legal acts, and also the international legal acts recognized by the Republic of Tajikistan.

Article 3. Concept of personal subsidiary farm

1. Personal subsidiary farm - economy which maintaining is performed by personal labor of the citizen or members of his family for the purpose of production of agricultural products and satisfaction of the needs for food and other needs.

2. Activities of citizens for maintaining personal subsidiary farm do not belong to business activity.

3. The citizen or members of his family can perform maintaining personal subsidiary farm.

4. Members of personal subsidiary farm are the spouses, children adopted, parents and others, the relatives jointly living.

Chapter 2. Oragnization and maintaining personal subsidiary farm

Article 4. Right of citizens to the organization and maintaining personal subsidiary farm

1. The right to the organization and maintaining personal subsidiary farm arises at capable citizens of the Republic of Tajikistan when obtaining in the procedure for the parcels of land established by the land legislation for maintaining personal subsidiary farm on rights of perpetual use or uses in the life inherited tenancy.

2. The citizens of the Republic of Tajikistan who are constantly living in the rural zone have the right according to procedure the established legislation of the Republic of Tajikistan to receipt of the parcels of land from single state land fund for the purpose of the organization and maintaining personal subsidiary farm.

3. The citizens living in the cities and settlements of city type have the right to the organization and maintaining personal subsidiary farm, to obtaining in unlimited use or use in the life inherited tenancy the parcels of land, according to the legislation of the Republic of Tajikistan. Conditions of providing the parcels of land for maintaining personal subsidiary farm by citizens of these categories are determined by the legislation of the Republic of Tajikistan.

4. Foreign citizens and persons without citizenship have the right to the organization and maintaining personal subsidiary farm in the territory of the Republic of Tajikistan according to the procedure and on conditions which are determined by the legislation of the Republic of Tajikistan and in the presence of free land fund.

Article 5. Parcels of land of personal subsidiary farm

1. The parcel of land for maintaining personal subsidiary farm is provided to the citizen in the life inherited tenancy or permanent unlimited use from single state lands on representation of self-government institutions of settlements and villages based on the decision of the relevant local executive body of the government according to the land legislation of the Republic of Tajikistan

2. The parcel of land of personal subsidiary farm of citizens consists of the home parcel of land and the additional parcel of land of personal subsidiary farm (further - the additional parcel of land)

3. The home parcel of land, as a rule, is placed about the apartment house, and also can be placed in distance from it.

4. The additional parcel of land is provided to the citizen from single lands of the state fund. The construction of apartment houses, other buildings and constructions, and also long-term plantings on the additional parcel of land is forbidden.

5. The procedure for providing the parcels of land to citizens for maintaining personal subsidiary farm is established by the land legislation.

6. The maximum sizes of the private and additional parcels of land provided to citizens for maintaining personal subsidiary farm are established by the land legislation of the Republic of Tajikistan.

7. The home parcel of land and the additional parcel of land belong to lands of agricultural purpose

Article 6. Procedure for maintaining personal subsidiary farm

1. Members of personal subsidiary farm perform its maintaining at discretion and under the responsibility, according to the mutual arrangement, appoint the head of personal subsidiary farm or other persons for transactions and representation with the special power of attorney. The name of the head of personal subsidiary farm is entered in the pokhozyaystvenny book of rural (settlement) jamias.

2. The citizens participating in maintaining personal subsidiary farm can enter contractual relations in the field of production, contracting or deliveries of agricultural products, performance of works and rendering services with agricultural and other organizations, Dehkan (farmer) farms and other citizens as is direct, and through the consumer cooperatives representing them the interests.

3. Intervention of bodies of the state and local government in activities of citizens for maintaining personal subsidiary farm is not allowed, except as specified, stipulated by the legislation the Republic of Tajikistan.

4. For the purpose of implementation of joint activities for production, conversion, storage of agricultural products and realization of its excesses, and also on insurance, crediting, material servicing of personal subsidiary farms according to the procedure, determined by the legislation, personal subsidiary farms can unite in agricultural cooperatives and consuming societies.

Article 7. State and other support of personal subsidiary farms

1. The state support of personal subsidiary farms is performed according to the procedure, established by the legislation of the Republic of Tajikistan.

2. Bodies of the state and local government give support to personal subsidiary farms in the following directions:

- organization of agricultural cooperatives for joint use of agricultural machinery, processing of the earth, production, conversion, storage of agricultural products;

- expansion technical, meliorative, veterinary, zootechnical, agronomical is also information - consulting services;

- production and realization of agricultural surpluses,

- mitigation of consequences of emergency situations;

- allocation of pasturable and hay lands;

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