ORDER OF THE GOVERNMENT OF THE KYRGYZ REPUBLIC

of January 5, 2016 No. 1

About approval of standard rates of cost of compensation of losses of farm-production and use of the means arriving according to the procedure of their compensation

For the purpose of ensuring transparency of the procedure of calculation of compensation amount of losses of farm-production in case of transfer (transformation) of agricultural holdings or provision for the purposes of subsurface use, according to Article 20 of the Land code of the Kyrgyz Republic, articles 4 and 6 of the Law of the Kyrgyz Republic "About transfer (transformation) of the parcels of land", 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:

- standard rates of cost of compensation of losses of farm-production in case of transfer (transformation) of agricultural holdings according to appendix 1;

- standard rates of cost of compensation of losses of farm-production when providing agricultural holdings, without transfer (transformation), for the purposes of subsurface use according to appendix 2.

2. Determine that the means received from compensation of losses of farm-production are used on:

- development of new lands;

- melioration of the operated lands;

- increase in fertility of soils;

- accomplishment of project investigation works on development new and melioration of the operated lands, increase in their fertility.

3. Determine that the lost profit is compensated from calculation: 1760 som from hectare of the irrigated ploughland, 610 som - bogharic ploughland, deposits, 350 som - haymakings, 90 som - pastures. At the same time the amount of lost profit is calculated using coefficient:

- 99 (when providing the parcel of land in property);

- 49 (when providing the parcel of land in use);

- the document equal to effective period for right to use to subsoil/renewal term of action of the document on mineral right (when providing the parcel of land, without transfer (transformation), for the purposes of subsurface use).

4. To the state agency on land resources under the Ministry of agricultural, water economy and development of regions of the Kyrgyz Republic on quarterly basis to perform monitoring of actual receipts of means when providing the parcels of land for the purposes of subsurface use or transfer of agricultural holdings to lands of other categories:

in the republican budget - from compensation of losses of farm-production;

in local budgets - from compensation of lost profit.

5. Recognize invalid:

- the order of the Government of the Kyrgyz Republic "About approval of standard rates of cost of compensation of the losses of farm-production connected with providing agricultural holdings for nonagricultural needs" of February 14, 1998 No. 66;

- the order of the Government of the Kyrgyz Republic "About modification of some decisions of the Government of the Kyrgyz Republic" of May 23, 2003 No. 301;

- the order of the Government of the Kyrgyz Republic "About modification, amendments and recognition voided some decisions of the Government of the Kyrgyz Republic" of May 19, 2009 No. 310;

the paragraph the fifth ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 12.12.2019 No. 676

- the order of the Government of the Kyrgyz Republic "About modification of the order of the Government of the Kyrgyz Republic "About approval of standard rates of cost of compensation of the losses of farm-production connected with providing agricultural holdings for nonagricultural needs" of February 14, 1998 No. 66" of June 24, 2013 No. 370;

- the paragraph of the seventh ceased to be valid according to the Order of the Government of the Kyrgyz Republic of 30.07.2019 No. 382.

6. To impose control of execution of this resolution on department of agro-industrial complex and ecology of Government office of the Kyrgyz Republic.

7. This resolution becomes effective after fifteen days from the date of official publication.

Appendix 1

Standard rates of cost of compensation of losses of farm-production in case of transfer (transformation) of agricultural holdings

1. Calculation of compensation amount of losses of farm-production in case of transfer (transformation) of agricultural holdings is made on formula:

Nvp = S x S x V, where:

Nvp - compensation amount of losses of farm-production;

S - the translated area of the parcel of land, in hectare;

With - the coefficient equal 49 (when providing the parcel of land in use), and 99 (when providing the parcel of land in property);

In - the amount for development of the corresponding type of grounds on 1 hectare of the earth is calculated in the following procedure:

In = 40 x Zn, where:

40 - average arithmetic size of losses;

Zn - base rate of the land tax according to the Tax code of the Kyrgyz Republic.

2. In case of calculation of compensation amount of losses of farm-production in case of transfer (transformation) of deposit, haymakings and pastures base rates of the land tax levied for bogharic arable lands, except for project implementations of renewable energy resources are applied, and in case of transfer of the lands occupied with long-term plantings - base rates of the land tax levied for the irrigated arable lands.

Appendix 2

Standard rates of cost of compensation of losses of farm-production when providing agricultural holdings without transfer (transformation), for the purposes of subsurface use

1. Calculation of compensation amount of losses of farm-production when providing agricultural holdings, without transfer (transformation), for the purposes of subsurface use is made on formula:

Nvp = S x (L + P) x In,

where:

Nvp - compensation amount of losses of farm-production;

S - the translated or provided area of the parcel of land, hectare;

L - effective period of the document for right to use subsoil/renewal term of action of the document on mineral right (when providing the parcel of land for the purposes of subsurface use);

Р - the term of recultivation of the provided parcel of land without transfer (transformation) of lands;

In - the amount for development of the corresponding type of grounds on 1 hectare of the earth is calculated in the following procedure:

In = 40 * Zn,

where:

40 - average arithmetic size of losses;

Zn - base rate of the land tax according to the Tax code of the Kyrgyz Republic.

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