ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of March 19, 2014 No. 169

About approval of Provisional regulations for procedure for transfer (transformation) for the parcels of land

According to the Law of the Kyrgyz Republic "About transfer (transformation) of the parcels of land", for the purpose of establishment of single procedure for transfer (transformation) of lands from one category in another or from one type of grounds in another, being guided by articles 10 and 17 of the constitutional Law of the Kyrgyz Republic "About the Government of the Kyrgyz Republic", the Government of the Kyrgyz Republic decides:

1. Approve the enclosed Provisional regulations for procedure for transfer (transformation) for the parcels of land.

2. To the Ministry of Justice of the Kyrgyz Republic, for the purpose of enhancement of the regulatory legal base regulating questions of transfer (transformation) of lands till December 1, 2014 to develop and submit the corresponding projects of regulatory legal acts for consideration of the Government of the Kyrgyz Republic.

3. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About approval of the Regulations on procedure for transfer (transformation) for lands from one category in another or from one type of grounds in another" of January 22, 2008 No. 19;

- item 4 of the order of the Government of the Kyrgyz Republic "About modification and recognition voided some decisions of the Government of the Kyrgyz Republic" of October 28, 2010 No. 261;

- the order of the Government of the Kyrgyz Republic "About some questions connected with allocation of land" of December 8, 2010 No. 312.

4. This resolution becomes effective after 15 days from the date of official publication.

Approved by the Order of the Government of the Kyrgyz Republic of March 19, 2014 No. 169

Provisional regulations for procedure for transfer (transformation) for the parcels of land

1. Procedure for preparation of documents for transfer of the parcels of land

1. Transfer (transformation) of the parcels of land is made by authorized body within its competence, according to the procedure, established by the land legislation, in case of change of the main purpose of lands.

2. The basis for work on transfer (transformation) of the parcels of land is the statement of physical persons or legal entities, the petition of local government bodies, state bodies for transfer (transformation) of the parcels of land submitted to public administration of the area in the location of the parcel of land.

As the initiator for transfer of lands under individual housing construction the local government body acts in accordance with the established procedure.

As the initiator for transfer (transformation) of lands in category of lands of the State reserve of lands of mineral deposits the authorized state body on realization of state policy on subsurface use according to the procedure, established by the legislation on subsoil acts.

As the initiator of transfer (transformation) of lands in category of "The earth of inventory" in the territory of the area the local public administration acts in accordance with the established procedure.

Local government bodies of the cities of republican and regional value have the right to initiate transfer (transformation) of lands in category of "The earth of inventory" in the corresponding territory.

3. The local government body or local public administration initiates question of transfer of the parcels of land which are in the state-owned or municipal property from one category in another without the consent of users of the parcels of land (without seizure of land) in case of:

- creation of especially protected natural territories;

- establishment or change of borders of settlements.

4. Are specified in the statement:

- data on the right to the parcel of land;

- category and the size of the translated parcel of land;

- reasons for transfer of the parcel of land.

5. Are enclosed to the application:

- copies of identity documents of the applicant - physical person, or the copy of the registration certificate of the legal entity;

- copies of title and right certifying documents on the parcel of land, in cases if applicant is the owner or the land user of the parcel of land;

- the master plan of building or town-planning documentation and the feasibility statement in case of transfer of lands in category of "The earth of settlements".

In case of transfer of agricultural holdings on which their transfer in other types of grounds or categories is required the conclusion about soil and meliorative condition of lands is enclosed to the application.

In case of initiation of question of expansion of the territories of settlements and formation of the new settlement, the initiator - the local government body also attaches the copy of adopted agenda on providing citizens of the Kyrgyz Republic with the parcels of land.

In case of initiation of question of transfer of lands in category of lands of the State reserve of lands of mineral deposits the copy of the protocol of the State Commission on Mineral Reserves of the Kyrgyz Republic, graphical materials, with coordinates of angular points of mountain and land withdrawal of object of subsurface use is also enclosed to the application.

6. In case of initiation by local public administration of transfer of the parcels of land which are in private property the state and social needs require the consent of the owner of the parcel of land in writing.

2. Procedure for consideration of the application about transfer of the parcels of land

7. The public administration of the area for forming of materials on the parcel of land directs the arrived application for transfer (transformation) of the parcels of land with related documents to the relevant branch of the State institution "Inventory" (further - the relevant branch of the State institution "Inventory").

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