Approved by the Law of the Republic of Uzbekistan of April 30, 1998, No. 598-I

LAND CODE OF THE REPUBLIC OF UZBEKISTAN

Chapter 1. General provisions

Article 1. Main objectives of the land legislation

The earth is national wealth, is subject to rational use and is protected by the state as basis of life, activities and welfare of the people of the Republic of Uzbekistan.

The main objectives of the land legislation are regulation of land relations for the purpose of providing for the benefit of the present and future generations of evidence-based, rational use and protection of lands, reproduction and increase in fertility of soils, preserving and improvements of the environment, creation of conditions for equal development of all forms of managing, protection of the rights of legal entities and physical persons to the parcels of land, and also strengthening of legality in this sphere, including by the prevention of corruption offenses.

Article 2. Basic principles of the land legislation

The land legislation is based on the following basic principles:

preserving land fund, improvement of quality and increase in fertility of soils as major natural resource, basis of life activity of citizens;

ensuring rational, effective and target use of lands;

ensuring special protection, expansion and strictly target use of lands of agricultural purpose, first of all the irrigated lands;

rendering the state and other support in implementation of actions for increase in fertility of agricultural holdings, to improvement of meliorative condition and protection of lands;

prevention of causing damage to the earth and all surrounding environment, providing ecological safety;

variety of forms of ownership and use of the earth, ensuring equality of participants of land relations, protection of their legitimate rights and interests;

paid nature of use of the earth;

ensuring completeness and availability of information on condition of lands.

Article 3. Acts of the land legislation

The land legislation consists of of this Code and other acts of the legislation governing land relations.

Land relations in the Republic of Karakalpakstan are governed also by the legislation of the Republic of Karakalpakstan.

The mountain, forest and water relations, the relations on use and protection of soils, plant and animal life, and also atmospheric air are regulated by the special legislation.

If the international treaty of the Republic of Uzbekistan establishes other rules, than those which contain in the land legislation of the Republic of Uzbekistan then are applied rules of the international treaty.

Article 4. Competence of the Cabinet of Ministers of the Republic of Uzbekistan in regulation of land relations

Are under authority the Cabinet of Ministers of the Republic of Uzbekistan in the field of regulation of land relations:

implementation of single state policy on rational use and protection of lands;

adoption of regulations on regulation of land relations according to this Code, other acts of the legislation;

approval of state programs on increase in fertility of soils, rational use and protection of lands;

organization of carrying out natural and agricultural division into districts, land management, monitoring of lands and maintaining the state land cadastre;

the order the lands which are in state-owned property;

coordination of activities of the ministries and departments during the using and protection of lands;

the termination of rights of possession and use of the earth, and also lease of the parcel of land in accordance with the established procedure according to article 36 of this Code;

organization of the state control of rational use and protection of lands;

the solution of other questions entering competence of the Cabinet of Ministers of the Republic of Uzbekistan in regulation of land relations.

Article 5. Competence of public authorities of areas, city of Tashkent in regulation of land relations

Are subject to maintaining public authorities of areas, the city of Tashkent in the field of regulation of land relations:

development and implementation of territorial programs for increase in fertility of soils, to rational use and protection of lands;

implementation of the state control of target, rational and effective use of land resources, protection of lands;

organization of land management, monitoring of lands and maintaining the state land cadastre;

allocation of the parcels of land for social needs for permanent use;

provision for general use (in non-commercial purposes) to owners of rooms of apartment houses on the right of permanent use of the parcel of land on which the apartment house, and also the parcel of land adjacent to the apartment house is located;

realization in property of the diplomatic representations and the international organizations equated to them accredited in the Republic of Uzbekistan, the parcels of land for construction of buildings of these representations including the residence of the chief representative;

the termination of rights of possession and use of the earth in accordance with the established procedure according to article 36 of this Code;

decision making about establishment for social needs of the public servitude;

the solution of other questions which are within the competence of public authorities of areas, the city of Tashkent in regulation of land relations.

Drafts of decisions of public authorities of areas, the city of Tashkent in the field of land relations are subject to obligatory legal examination in the relevant territorial authorities of the Ministry of Justice of the Republic of Uzbekistan.

Article 6. Competence of public authorities of areas in regulation of land relations

Are under authority public authorities of areas in the field of regulation of land relations:

development and implementation of actions for increase in fertility of soils, to rational and effective use and protection of lands;

implementation of the state control of rational use and protection of lands;

the conclusion of contracts with physical persons and legal entities about provision in lease of the parcels of land in cases, stipulated in Article 24 of this Code;

organization of land management, monitoring of lands and maintaining the state land cadastre;

the organization of state registration of the rights to the parcels of land and transactions with them, accounting of the free lands which are in state-owned property;

the solution of other questions which are within the competence of public authorities of areas in regulation of land relations.

Article 7. Competence of public authorities of the cities in regulation of land relations

Are under authority public authorities of the cities in the field of regulation of land relations:

development and implementation of actions for rational and effective use and protection of lands;

implementation of the state control of rational use and protection of lands;

the conclusion of contracts with physical persons and legal entities about provision in lease of the parcels of land in cases, stipulated in Article 24 of this Code;

organization of land management, monitoring of lands and maintaining the state land cadastre;

the organization of state registration of the rights to the parcels of land and transactions with them, accounting of the free lands which are in state-owned property;

the solution of other questions which are within the competence of public authorities of the cities in regulation of land relations.

Chapter 2. Land fund

Article 8. Categories of land fund

The land fund in the Republic of Uzbekistan according to the main purpose of lands is subdivided into the following categories:

1) the earth of agricultural purpose - the lands provided for needs of agricultural industry or intended for these purposes. The earth of agricultural purpose 43 of this Code are subdivided into types according to Article;

2) the earth of settlements (the cities, settlements and rural settlements) - the lands which are in limits of borders of the cities and settlements, and also rural settlements;

3) the earth of the industry, transport, communication, defense and other appointment - the lands provided in use to legal entities for the specified purposes;

4) the earth of nature protection, improving and recreational appointment - the lands occupied with the protected natural territories, having priority ecological, scientific, cultural, esthetic, recreational and sanitary and improving value;

5) the earth of historical and cultural appointment - the lands occupied with objects of material cultural heritage;

6) the earth of forest fund - the lands covered with the wood, and also not covered with the wood, but provided for needs of forestry;

7) the earth of water fund - the lands occupied with water objects, water management constructions and branch strips on coast of water objects;

8) earth of inventory.

Article 9. Reference of lands to categories and their transfer from one category in another

Reference of lands to categories of land fund is made according to the main purpose of lands.

The main purpose of lands - the procedures and conditions of use of lands for specific purposes which are reflected in land and cadastral documentation established by the legislation.

The main purpose of lands is concretized by establishment of main types of the permitted use of the parcels of land.

The legal regime of the parcels of land is determined proceeding from their belonging to certain category of land fund and main type of the permitted use.

Transfer of not irrigated lands from category of lands of agricultural purpose in other category of land fund is made by the Cabinet of Ministers of the Republic of Uzbekistan taking into account requirements of part six of this Article, and transfer of the irrigated lands from category of lands of agricultural purpose in other category of land fund or in not irrigated lands is performed according to the procedure, stipulated in Clause 44-1 of this Code.

Transfer of the lands of agricultural purpose which are in ownership, use or lease in other category of land fund is performed after the termination of the rights to these parcels of land according to the procedure, stipulated in Clause the 36th of this Code, and before their repeated provision (realization), except as specified transfer in other category of land fund of lands on which the rights to self-willedally taken parcels of land and buildings built on them and constructions according to the procedure, established by the law are acknowledged.

The category of land fund is specified in documents on provision (realization) of the parcels of land, in the documents determining transition of the rights to the parcels of land to other person and in documents of the state land cadastre, and also in electronic statements from the State register of the rights to real estate objects.

The resolution of the Cabinet of Ministers accepted according to the resolution of the President of the Republic of Uzbekistan on exposure to electronic online biddings of the empty parcels of land on placement on the basis of the master plan of modern complexes and objects of service along highways of the international value, including means of placement, shopping centers is the basis for transfer of category of lands in other category in coordination with the President of the Republic of Uzbekistan.

Transfer of not irrigated lands from category of lands of agricultural purpose in other category of land fund is made by the Cabinet of Ministers of the Republic of Uzbekistan, and transfer of the irrigated lands from category of lands of agricultural purpose in other category of land fund or in category of not irrigated lands - according to the decision of the President of the Republic of Uzbekistan.

The category of land fund is specified in the decisions on provision of the parcels of land made by the bodies having the right of provision of the parcels of land in electronic statements from the State register of the rights to real estate objects, the agreements, other documents certifying the right to the parcels of land, documents of the state land cadastre.

Violation of established procedure of transfer of lands from one category in another is the basis for recognition illegal the facts of transfer and invalid transactions with the parcels of land made on their basis and also refusal in state registration of the rights to the parcels of land.

Article 10. Parcel of land

The parcel of land - the part of land fund having the fixed border, the area, location, legal regime and other characteristics reflected in the state land cadastre.

The border of the parcel of land is fixed on plans and taken out in nature (on the area). The area of the parcel of land is determined after carrying out of border in nature (on the area).

The parcel of land can be divisible and indivisible.

Dividend is the parcel of land which without change of the main type of the permitted use and without violation of fire protection, sanitary, environmental, town-planning and other obligatory regulations and rules can be divided into parts, each of which after the Section can form the independent parcel of land.

The parcel of land which on the main type of the permitted use cannot be divided into the independent parcels of land is indivisible.

Chapter 2-1. Types of the permitted use of the parcels of land, procedure for their change and use of the parcels of land irrespective of the established main type of the permitted use

Article 10-1. Types of the permitted use of the parcels of land

Types of the permitted use of the parcel of land are admissible types of activity which can be performed on the parcel of land.

Types of the permitted use of the parcels of land are established by the town-planning documentation determining functional zoning of the territory as the basic which is conditionally permitted and auxiliary type.

Types of the permitted use of the parcels of land are specified according to the Single qualifier of types of the permitted use of the parcels of land and capital construction projects approved by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 10-2. Main type of the permitted use of the parcel of land

The main type of the permitted use of the parcel of land reflects core activity for the purposes of which maintaining the parcel of land is intended.

The main type of the permitted use of the parcel of land is considered established from the date of entering of information about him into the Integrated information system of the inventory and registration of the real estate.

Article 10-3. Conditionally permitted type of use of the parcel of land

Conditionally permitted type of use of the parcel of land is the type of activity on the parcel of land which implementation requires receipt of permission and observance of the conditions established by town-planning regulations.

Conditionally permitted type of use of the parcel of land is considered established from the date of entering of information about him into the Integrated information system of the inventory and registration of the real estate.

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