of July 15, 2013 No. 145
About transfer (transformation) of the parcels of land
Accepted by Jogorku Kenesh of the Kyrgyz Republic on May 30, 2013
This Law is drafted according to the Land code of the Kyrgyz Republic, other regulatory legal acts of the Kyrgyz Republic and determines the legal basis, conditions and procedure for transfer (transformation) for lands from one category in another or from one type of grounds in another.
Types of grounds - the lands which are systematically used or suitable for use for specific purposes and differing on natural and historical signs (the ploughland, deposit, lands occupied with long-term plantings, haymakings, pastures, wood and shrubby plantings, swamps, lakes, roads and other).
Compensation of losses of agricultural and (or) forestry and landscape production - the amount paid by provision or transfer of agricultural or forest lands in other categories of lands or types of the grounds which are not connected with agricultural and forestry and landscape production.
The deposit - the parcel of land which was used under ploughland and more than one year earlier since the fall, is not used for sowing of agricultural crops and is not prepared under vapors.
The applicant - the physical persons or legal entities petitioning for transfer of the parcels of land, local government bodies, state bodies.
The earth of agricultural purpose - the lands provided for needs of agricultural industry or intended for these purposes.
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.
The lands occupied with long-term plantings - the agricultural holding used under artificially framed wood plantings, bush (without the forest area) intended for receipt of fruit products.
Category of lands - set of types of the grounds used or intended to use for the same purpose.
Pastures - type of the agricultural holdings covered with grassy vegetation, used in the form of pasture for pasture of the cattle and in other purposes reflected in land and accounting data.
Pastures of radical improvement - the agricultural holding covered with the grassy vegetation created by destruction of sod and the subsequent grassing.
Ploughland - the agricultural holding which is systematically processed and used under sowings of agricultural crops including crops of perennial grass and net vapors.
Transfer (transformation) of lands - change of category of lands as a result of change of its purpose or change of type of ground.
Soil and meliorative condition - condition of agricultural holding depending on degree of suitability of use for production of agricultural products.
Haymaking - the agricultural holding which is systematically used under mowing.
Haymaking of radical improvement - the agricultural holding used under mowing which herbage is framed by destruction of sod and the subsequent grassing.
Specially authorized state body - the state body in the field of regulation of land relations determined by the Government of the Kyrgyz Republic.
The feasibility statement - the document containing the technical and economic parameters of the transformed parcel of land proving feasibility of transfer (transformation) of the parcels of land, prepared by the owner of the parcel of land. The form of the feasibility statement affirms the Government of the Kyrgyz Republic.
Lost profit - the uncollected income which the owner or the land user could receive in case of usual conditions of civil circulation.
The parcel of land unsuitable for use in farm-production - the contour parcel of land, impossible for carrying out meliorative processes, limited for access of agricultural machinery, excluding possibility of its effective use on purpose in connection with construction of individual apartment houses, with decision making about transfer, issue of the state act of the right of private property to the parcel of land with purpose - agricultural.
Legal regulation of the relations arising in connection with transfer (transformation) of lands is performed according to regulations of the Land code of the Kyrgyz Republic, this Law and other regulatory legal acts of the Kyrgyz Republic accepted according to them.
1. Reference of lands to categories is made according to their main purpose.
Transfer (transformation) of lands from one category in another is the state function, is performed in case of change of their main purpose.
The category of lands and type of grounds are specified:
1) in acts of local public administration, local government body of providing the parcels of land;
2) in agreements which subject are the parcels of land;
3) in land and accounting documentation;
4) in the documents certifying the right to the parcel of land.
2. Violation of established procedure of transfer of lands is the recognition basis invalid acts of local public administration, local government body.
Use of lands not on purpose is not allowed, except as specified providing the parcels of land by the size in the limits which are not exceeding 20 m 2, to operators of telecommunication for construction or installation of constructions of communication of light design (not capital).
1. In case of transfer (transformation) of agricultural holdings from categories of lands of agricultural purpose, forest, water fund and inventory in other categories of lands or types of the grounds which are not connected with agricultural and forestry and landscape production the amounts of cost of compensation of losses and lost profit by new land users and owners, except as specified, specified regarding the 2nd article 5 of this Law are paid.
Standard rates of losses of agricultural and forestry and landscape production for the purpose of their compensation are established by the Government of the Kyrgyz Republic.
2. In case of transfer of agricultural types of the grounds which are in private property the owner pays compensation of losses taking into account requirements of article 5 of this Law to other category of nonagricultural assignment.
3. Means from compensation of agricultural and forestry and landscape losses arrive in the republican budget, means from compensation of lost profit - in the local budget.
Determination of specially authorized state body and procedure for use of the arriving means from compensation of agricultural and forestry and landscape losses is established by the Government of the Kyrgyz Republic.
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