The agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on real estate objects, quantity and borders of the parcels of land which are taken away under the Russian military base and places of their arrangement in the territory of the Republic of Tajikistan
of October 16, 2004
The government of the Russian Federation and the Government of the Republic of Tajikistan which are hereinafter referred to as by the Parties
being guided by the Contract between the Russian Federation and the Republic of Tajikistan on the status and conditions of stay of the Russian military base in the territory of the Republic of Tajikistan of April 16, 1999 (further - the Agreement of 1999),
agreed as follows:
For the purposes of this agreement the used terms mean the following:
"Item of placement of the Russian military base" - the parcel of land with the borders which are accurately designated and approved by the Parties, with the real estate objects located on it, intended for dislocation of military units, divisions, companies, organizations and other forming of the Russian military base in the territory of the Republic of Tajikistan;
"parcel of land" - the site of the territory of the Republic of Tajikistan transferred to the Russian Side.
In this agreement the terms containing in article 1 of the Agreement of 1999 are used.
The quantity and the location of the parcels of land transferred to the Russian Side of their border are determined by quantity and the location of Items of placement of the Russian military base by the list according to appendix which is integral part of this agreement.
The Tajik Side transfers to use to the Russian Side on a grant basis the parcels of land specified in appendix to this agreement with all real estate objects located on them for the duration of this agreement according to article 5 of the Agreement of 1999.
If necessary transfer of the new parcels of land and other real estate objects for the Russian military base is performed on paid (rent) basis according to the mutual arrangement of the Parties and drawn up by the free standing agreement.
Transfer of the parcels of land is drawn up by acts (contracts) for right to use by the earth to which plans (cards) of the parcels of land with the designated land use borders which are integral part of these acts (agreements) are attached. Transfer of the parcels of land is performed in 6-month time from signature date of this agreement.
Form and content of acts on right to use by the earth are determined in compliance with the legislation of the Republic of Tajikistan.
Transfer and acceptance of real estate objects are drawn up by acts with necessary appendices. For transfer and acceptance of real estate objects, parcels of land and determination of their borders of the Party create the intergovernmental commission.
The Russian side ensures safety and proper use of real estate objects, the cultural and historical objects located on the transferred parcels of land and also respect for environmental standards and requirements according to the legislation of the Republic of Tajikistan.
In case of damnification to real estate objects, cultural and historical objects, and also in case of violation of environmental standards and requirements as a result of actions of military forming of the Russian military base, persons which are part of the Russian military base, or members of their families compensation of the caused damage it is performed according to articles 17 and 23 of the Agreement of 1999 and the legislation of the Republic of Tajikistan.
After expiration of the contract of 1999 or completion of stay of the Russian military base in the territory of the Republic of Tajikistan the decision on further use of all parcels of land transferred to the Russian Side with the real estate objects located on them is accepted according to article 5 of the Agreement of 1999.
Modification and amendments in this agreement is performed by mutual consent of the Parties and drawn up by the protocol which is becoming effective according to Article 8 of this agreement and being its integral part.
The matters of argument connected with interpretation and application of this agreement are subject to permission according to procedure, stipulated in Clause 20 Agreements of 1999.
This agreement is temporarily applied from signature date and becomes effective after the notification on accomplishment of necessary interstate procedures by the Parties and will remain in force before cancellation of the Agreement of 1999.
It is made in Dushanbe on October "16", 2004 in duplicate, everyone in the Russian and Tajik languages, and both texts are equally authoritative.
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For the Government Russian Federation / signature / |
For the Government Republic of Tajikistan / signature / |
to the Agreement between the Government of the Russian Federation and the Government of the Republic of Tajikistan on real estate objects, quantity and borders of the parcels of land which are taken away under the Russian military base and places of their arrangement in the territory of the Republic of Tajikistan
The list of Items of placement of the Russian military base in the territory of the Republic of Tajikistan
+--------------------------------------------------------------------+ ¦ Номер ¦ Воинские формирования ¦ Площадь ¦ Пункт ¦Основа-¦ ¦военно-¦ ¦земельных ¦ размещения ¦ние ¦ ¦го ¦ ¦участков, ¦ ¦ ¦ ¦городка¦ ¦ гектаров ¦ ¦ ¦ +--------------------------------------------------------------------¦ ¦ Душанбинский гарнизон ¦ +--------------------------------------------------------------------¦ ¦ 1 ¦Управление 201¦ 60,6 ¦г.Душанбе, ¦ ¦ ¦ ¦мотострелковой дивизии¦ ¦пос.Гипрозем ¦ ¦ ¦ ¦(базы) ¦ ¦ ¦ ¦ ¦ ¦92 мотострелковый полк ¦ ¦ ¦ ¦ ¦ ¦783 отдельный батальон¦
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