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Ministry of Justice

Republic of Tajikistan

 On January 11, 2016 No. 63

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of December 30, 2015 No. 814

About the Procedure for establishment of the public (forced) servitude on the parcels of land and form of the agreement on the private (voluntary) servitude

According to Articles 5 and 10 (the Land code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides 1):

1. Approve the Procedure for establishment of the public (forced) servitude on the parcels of land and form of the agreement on the private (voluntary) servitude according to appendices 1 and 2.

2. To the state committee on land management and geodesy of the Republic of Tajikistan together with local executive bodies of the government to realize measures for establishment of public (forced) servitudes based on addresses of land users on which actually they exist.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Appendix 1

Approved by the Order of the Government of the Republic of Tajikistan of December 30, 2015, No. 814

Procedure for establishment of the public (forced) servitude on the parcels of land

1. General provisions

1. The procedure for establishment of the public (forced) servitude on the parcels of land (further - the Procedure) is developed according to Articles 5 and 10-1 of the Land code of the Republic of Tajikistan for the purpose of realization of the right of local executive body of the government of the city (area) to establishment of the public (forced) servitude.

2. The purposes, stipulated in Item 1 this Procedure, are reached on the basis of concepts of justice, publicity, openness of decision making process by local executive body of the government of the city (area).

3. For the purposes of this Procedure the following concepts are used:

- the public (forced) servitude - the limited right of use of the parcel of land established in case of need (for ensuring interests of the state and local population) without seizure of land, based on the decision of local executive body of the government of the city (area) according to this Procedure;

- interested persons - residents, the area, owners of real estate objects, land users concerning whom the public (forced) servitude is established other persons, the rights and obligations kotork can be affected in case of establishment of the public (forced) servitude.

2. Initiative of establishment of public (forced) servitudes

4. Public (forced) servitudes can be established at the initiative of interested persons or at the initiative of local executive body of the government of the city (area).

5. The proposal of interested persons on establishment of the public (forced) servitude is drawn up in the form of the written appeal signed by interested persons or reasons for local executive body of the government of the city (area) which took the initiative about establishment of the public (forced) servitude. In the address of interested persons it shall be specified:

- the land user concerning whose parcel of land it is offered to establish the public (forced) servitude;

- location of the parcel of land concerning which it is offered to establish the public (forced) servitude;

- purposes of establishment of the public (forced) servitude and its content;

- term of enforcement of the public (forced) servitude;

- borders and the area (share, the size) of the land area withdrawn from circulation;

- the amount of the payment transferred to the main land user and payment procedure for use of the servitude;

- date of creation of the address.

6. The appeal shall be signed by the interested persons who took the initiative about establishment of the public (forced) servitude with obligatory specifying of series and passport number or other identity document, the residence of each interested person who signed the specified appeal.

7. The address submitted without observance of requirements of subitems 5 and 6, is not considered.

8. The address of interested persons which is drawn up according to requirements of Item 5 of this Procedure moves in local executive body of the government of the city (area). The address of interested persons can be submitted by their representative or is sent by mail by the registered mail with the assurance of receipt.

9. The address of interested persons submitted according to requirements of Item 8 of this Procedure is subject to consideration during the term established by the Law of the Republic of Tajikistan "About addresses of citizens".

10. By results of consideration of the address by local executive body of the government of the city (area) one of the following decisions is accepted:

- about the organization and holding meeting of interested persons about establishment of the public (forced) servitude;

- about refusal in establishment of the public (forced) servitude with obligatory specifying of the reasons of such refusal.

11. The decision on refusal in establishment of the public (forced) servitude is made by local executive body of the government of the city (area) in one of the following cases:

- if sufficient reasons for need of establishment of the public (forced) servitude are not provided;

- if concerning the parcel of land specified in the address of interested persons, the public (forced) servitude cannot be established according to the legislation of the Republic of Tajikistan.

12. The interested persons who sent the appeal about establishment of the public (forced) servitude are notified by local executive body of the government of the city (area) on the decision made according to Item 9 of this Procedure within seven working days from the date of adoption of the specified decision.

13. The decision of local executive body of the government of the city (area) about. the organization and holding meeting of interested persons, and also reasons for local executive body of the government of the city (area) about establishment of the public (forced) servitude are the basis for holding the specified meeting.

In reasons for local executive body of the government of the city (area) it shall be specified:

- the land user concerning whose parcel of land it is offered to establish the public (forced) servitude;

- location of the parcel of land concerning which it is offered to establish the public (forced) servitude;

- purposes of establishment of the public (forced) servitude and its content;

- effective period of the public (forced) servitude;

- borders and the area (share, the size) of the land area withdrawn from circulation;

- the amount of the payment transferred to the main land user and payment procedure for use of the servitude;

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