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LAW OF THE KYRGYZ REPUBLIC

of June 2, 1999 No. 46

About enforcement of the Code about elections in the Kyrgyz Republic

(as amended on 09-06-2012)

Accepted by General Court of Jogorku Kenesh of the Kyrgyz Republic on April 30, 1999

Article 1. Enact the Land code of the Kyrgyz Republic from the moment of publication.

Article 2. With enforcement of the Land code of the Kyrgyz Republic to recognize invalid:

- Land code of the Republic Kyrgyzstan (Sheet of the Supreme Council of the Republic Kyrgyzstan, 1991, No. 8, Art. 254);

- The law of the Republic Kyrgyzstan "About approval of the Land code of the Republic Kyrgyzstan" (Sheets of the Supreme Council of the Republic Kyrgyzstan, 1991, No. 8, the Art. 254);

- The resolution of the Supreme Council of the Republic Kyrgyzstan of April 19, 1991 No. 429-XII "About procedure for enforcement of the Land code of the Republic Kyrgyzstan" (Sheets of the Supreme Council of the Republic Kyrgyzstan, 1991, No. 8, the Art. 255);

- The law of the Republic Kyrgyzstan "About land reform" (Sheets of the Supreme Council of the Republic Kyrgyzstan, 1991, No. 8, the Art. 258);

- The resolution of the Supreme Council of the Republic Kyrgyzstan of April 19, 1991 No. 433-XII "About procedure for enforcement of the Law of the Republic Kyrgyzstan "About land reform" (Sheets of the Supreme Council of the Republic Kyrgyzstan, 1991, No. 8, the Art. 259);

- The law of the Republic Kyrgyzstan "About modification of the Land code of the Republic Kyrgyzstan" (Sheets of the Supreme Council of the Republic Kyrgyzstan, 1991, No. 17, the Art. 527).

Article 3. Until reduction of the legislation of the Kyrgyz Republic in compliance with the Land code of the Kyrgyz Republic the laws and other regulatory legal acts of the Kyrgyz Republic governing land relations are applied in the part which is not contradicting the Land code of the Kyrgyz Republic. At the same time regulatory legal acts of the President of the Kyrgyz Republic and the Government of the Kyrgyz Republic on questions which according to the Land code of the Kyrgyz Republic can be regulated only by the laws are effective until enforcement of the relevant laws.

Article 4. The land code of the Kyrgyz Republic is applied to the land legal relationship which arose after its introduction in action.

On the land legal relationship which arose before its introduction in action, the Land code of the Kyrgyz Republic is applied to those rights and obligations which will arise after its introduction in action.

Article 5.

1. The state and utility companies founded on the right of economic maintaining and operational management the public and utility institutions, public associations, public funds and the religious organizations which received the parcels of land gratuitously in unlimited use in case of their liquidation transfer the parcels of land to authorized bodies. In case of stay on the parcel of land of the building and construction to which the parcel of land is assigned the destiny of the parcel of land follows destiny of the building and construction.

2. In case of privatization of the state and utility companies the cost of the parcel of land is included in the price of property complex.

Article 6.

1. The right of private property to the parcel of land is recognized for the citizens of the Kyrgyz Republic who acquired in accordance with the established procedure the right to the parcel of land in permanent, temporary use or the life inherited tenancy before enforcement of the Land code of the Kyrgyz Republic without any renewal of documents, is non-paid also without additional fare, namely:

- right to land share;

- right to the personal, garden and country parcels of land;

- the right to the parcels of land assigned to apartment and country houses;

- the right to the parcels of land for construction of apartment and country houses.

2. The right of private property to the parcel of land is recognized for the citizens of the Kyrgyz Republic who acquired right to use the parcels of land of agricultural purpose over the established srednekhozyaystvenny land share and paid for it monetary compensation before enforcement of the Land code of the Kyrgyz Republic according to the procedure, established by the Government of the Kyrgyz Republic, with the subsequent execution of the document certifying the right of private property to the parcel of land. At the same time from the citizens of the Kyrgyz Republic who paid monetary compensation for the parcels of land over the established land share in case of execution of the document certifying the right of private property to the parcel of land, the additional fare is not levied.

3. Ceased to be valid

4. The right of private property to the parcel of land is non-paid also without additional fare, with the subsequent execution of the document certifying the right of private property to the parcel of land is recognized for citizens of the Kyrgyz Republic:

- received before enforcement of the Land code of the Kyrgyz Republic in temporary use or in lease unproductive agricultural holdings and involved them in agricultural turnover by radical improvement of lands with increase in fertility of the soil at the expense of own and borrowed funds;

- occupied without the permission unproductive agricultural holdings and involved them in agricultural turnover by radical improvement of lands with increase in fertility of the soil at the expense of own and borrowed funds and not withdrawn before enforcement of the Land code of the Kyrgyz Republic by authorized body of the appropriate territorial level.

5. To the citizens of the Kyrgyz Republic who are constantly living in the rural zone, having the right to land share according to the procedure, earlier determined by the Government of the Kyrgyz Republic, but for the different reasons which did not receive it by the time of enforcement of the Land code of the Kyrgyz Republic, land shares are provided gratuitously at the expense of the parcels of land:

- the persons who received land shares, but for the different reasons left them without execution of the relevant documents in connection with nationality change;

- the died persons who do not have heirs;

- persons who in accordance with the established procedure refused the site;

- withdrawn according to the legislation;

- unproductive agricultural holdings;

- in exceptional cases - in case of lack of the above-stated lands - at the expense of unclaimed lands of the State fund of agricultural holdings according to article 20 of the Law of the Kyrgyz Republic "About management of lands of agricultural purpose".

To the citizens of the Kyrgyz Republic who are constantly living in the rural zone, in due time received land share, but owing to different circumstances handed over them in the State fund of agricultural holdings, land shares are provided in first-priority procedure gratuitously at the expense of the parcels of land of the State fund of agricultural holdings.

The extreme sizes of land share from these categories of lands are determined by ailny, settlement keneshes and affirm district keneshes.

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