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Ministry of Justice

Republic of Tajikistan 

 On April 7, 2016 No. 226

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of March 31, 2016 No. 148

About the Procedure for use of the territories of zones of military facilities and other regime territories within city and settlement line taking into account construction rules, town-planning regulations and rules

According to article 39 of the Town-planning code of the Republic of Tajikistan the Government of the Republic of Tajikistan decides:

1. Approve the Procedure for use of the territories of zones of military facilities and other regime territories within city and settlement line taking into account construction rules, town-planning regulations and rules it (is applied).

2. To committee on architecture and construction under the Government of the Republic of Tajikistan together with the relevant ministries and departments, executive bodies of the government of the Gorno-Badakhshan Autonomous Region, areas, the city of Dushanbe, cities and areas to take necessary measures for realization of this Procedure.

Prime Minister of the Republic of Tajikistan

Emomalii Rahmon

Approved by the Order of the Government of the Republic of Tajikistan of March 31, 2016, No. 148

Procedure for use of the territories of zones of military facilities and other regime territories within city and settlement line taking into account construction rules, town-planning regulations and rules

1. General provisions

1. The procedure for use of the territories, zones of military facilities and other regime territories within city and settlement line taking into account construction rules, town-planning regulations and rules (further - the Procedure) is developed according to article 39 of the Town-planning code of the Republic of Tajikistan and determines procedure for use of the territories of zones of military facilities and other regime territories within city and settlement line taking into account construction rules, town-planning regulations and rules in the Republic of Tajikistan.

2. In this Procedure the following basic concepts are used:

- special objects - control centers the state and Armed Forces of the Republic of Tajikistan, and also other objects providing functioning of state bodies in peace and wartime;

- military facilities - bodies, fighting line items of troops, control centers, polygons, communication centers, bases, warehouses and other military constructions;

- sensitive sites - special and military facilities, the organizations for which functioning additional security measures are established;

- the servitude - limited, (burdensome) right to use by someone else's property or the partial restriction of the right of the owner in case of certain relations established by the law;

- the red line - the borders established by town-planning documentation separating the territories of buildings, residential districts and other elements of planning structure streets, squares and prospectuses of settlements;

- lines of regulation of building - the building borders established by town-planning documentation in case of placement of buildings and constructions with space from red lines or from lot lines;

- the territories of zones, military facilities and other regime territories are territorial objects of town-planning activities of special regulation which include special zones with placement of sensitive sites, and also other objects provided by the state standard rates for the territories of special regulation in settlements or out of their limits - sanitary, protective or conservation zones around objects of particular treatment, the water protection zones and strips.

3. This Procedure determines procedure for the layout and placement of zones of other assignment in the territories of zones of special, military and sensitive sites concerning which the particular treatment is set (further - sensitive sites) if other is not provided by the Law of the Republic of Tajikistan "About the state secrets".

4. Designing, construction and reconstruction of sensitive sites are made on the basis of requirements of the regulations and rules established to especially regime bodies and the organizations and especially protected objects of the Republic of Tajikistan.

5. Observance of this Procedure is obligatory for all subjects of town-planning activities in the territory of the Republic of Tajikistan, irrespective of their form of business and departmental accessory.

2. Regulations on reasons for use of the territories of zones of military facilities and other regime territories

6. Depending on purpose of sensitive sites the established standard rates determine borders of sanitary, protective and conservation zones, parameters of gaps between sensitive sites and objects of other functional zone, and also requirements (restrictions, conditions) to them are established if other is not stipulated by the legislation.

7. The water protection zones are established by local executive bodies of the government on representation of authorized state body in the field of water resources management for each specific reservoir.

8. For the objects placed in the existing territories, zones of sensitive sites the status of objects of particular treatment, since the moment of approval of task for their designing and the beginnings of development of the project documentation before input of the constructed objects in operation is established.

9. The constructed object or its part constructed in the territory of sensitive sites which before commissioning had the status of object of particular treatment can keep this status and after commissioning of the facility.

10. When planning use of the territories of zones of sensitive sites for placement of construction objects, and also the following requirements shall be provided to the subsequent operation of the constructed objects:

- protection of life and health of the person;

- preserving ecological balance and improvement of environmental setting;

- rational use of the territory of waters and other natural resources;

- assistance to forming of the favorable habitat and life activity of the person;

- protection of the protected landscape objects and other objects of the state natural and reserved fund;

- protection of monuments of history and culture and their ensembles;

- providing the mode of privacy according to the procedure, established by the Law of the Republic of Tajikistan "About the state secrets".

11. Use of the territories, zones of sensitive sites by subjects of town-planning activities can be performed only according to the project documentation approved by this Procedure and respect for purpose or the servitude of the provided parcel of land, zonings of the territory, territorial rules of building, and in the cities and urban settlements - observance of red lines and lines of regulation of building.

12. The design assignment of any object placed in the territories, zones of sensitive sites before approval shall be approved with security service and other relevant state bodies.

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