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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN

of July 15, 1997 No. 294

About approval of the Regulations on the state control of use and protection of lands

(as amended of the Order of the Government of the Republic of Tajikistan of 03.03.2014 No. 161)

The government of the Republic of Tajikistan decides:

1. Approve the enclosed Regulations on the state control of use and protection of lands it (is applied).

2. Declare invalid:

the resolution of Council of Ministers of the Republic of Tajikistan of August 3, 1994 No. 377 "About approval of the Regulations on the state control of use and protection of lands";

the order of the Government of the Republic of Tajikistan of August 21, 1996 No. 76 "About modification of the Regulations on the state control of use and protection of lands".

Prime Minister of the Republic of Tajikistan

E.Rakhmonov

Approved by the Order of the Government of the Republic of Tajikistan of July 15, 1997 No. 294

Regulations on the state control of use and protection of lands

1. General provisions

1.1. This Provision establishes procedure of the state control of use and protection of lands (which is hereinafter referred to as - госземконтроль), developed according to the Land code of the Republic of Tajikistan, and being obligatory for execution by all legal entities, irrespective of subordination and pattern of ownership, and also physical and officials in the territory of the Republic of Tajikistan.

1.2. Task госземконтроля is ensuring compliance by all physical, legal and officials of requirements of the land legislation for the purpose of rational, effective use and protection of lands.

1.3. The state land control is exercised by authorized state body of regulation of land relations, its bodies on places and the state authorized body in the field of environmental protection in interaction with local executive bodies of the government.

1.4. The head of authorized state body of regulation of land relations is the Chief state inspector on use and protection of the lands of the Republic of Tajikistan. Deputy managers and the head of department of the state land control are Deputy Chief state inspectors on use and protection of the lands of the Republic of Tajikistan.

1.5. Heads of regional, city, district land management bodies are the chief state inspectors on use and protection of lands on places, and their deputies deputy chief state inspectors on use and protection of lands on places.

1.6. Officials and specialists of authorized state body of regulation of land relations and its bodies on places on which accomplishment of the state control of use and protection of lands is assigned are the state inspectors on use and protection of lands on places.

1.7. On each side office cars of the state land inspectors from two parties the special text "State Land Inspection (SLI)" is specified;

1.8. Certificates of the established sample and special clothes are issued to inspectors of the state land control.

1.9. The chief state inspector on use and protection of the lands of the Republic of Tajikistan, the state use inspectors and protection of lands on places have seal and forms of documents with the image of the State Emblem of the Republic of Tajikistan and the name.

2. Functions of the bodies exercising the state control of use and protection of lands

2.1. Committee on land resources and land management under the Government of the Republic of Tajikistan and the Ministry of conservation of the Republic of Tajikistan:

perform госземконтроль;

will organize check and examination of change of high-quality condition of lands;

take measures for elimination of violations of the land legislation;

participate in preparation of the normative and legal acts concerning use and protection of lands;

perform examination of investing programs and projects of use and protection of lands, and also land management projects;

make in accordance with the established procedure offers on preservation of the degraded and contaminated land which further use can lead to threat of life and health of the person, emergency situations, catastrophic crashes, destruction of historical and cultural heritage and natural landscapes, negative ecological effects and pollution of agricultural products and water sources;

inform the population about condition of land fund, efficiency of its use and the lands accepted on protection;

participate in approval of town-planning and land management documentation in work of the commission on acceptance of the meliorative, recultivated and other lands on which events for improvement of their high-quality condition, and also objects built for the purpose of protection of lands are held;

exercise control of observance of the set mode of use of lands of nature protection and recreational value.

2.2. The authorized state body of regulation of land relations, and its bodies on places exercise the state control for:

observance physical, legal and officials, irrespective of subordination and pattern of ownership, requirements of the Land code of the Republic of Tajikistan, other legal acts for the earth, decisions of relevant organ of the executive authority, resolutions, instructions and instructions of the State committee of the Republic of Tajikistan for land management concerning rational use of lands, and also resolutions of local executive bodies of the government;

observance by land users of the set mode of use of the parcels of land according to their purpose;

observance of fixed terms of consideration, statements (petitions) of citizens for provision of the parcels of land by it;

timely payment of the land tax from land users;

prevention of unauthorized occupation of the parcels of land;

provision of authentic data on availability, condition and use of land resources;

timely land reclamation, recovery of fertility and other useful properties of the earth, removal, preserving and rational use of fertile layer of earth in case of work connected with violation of lands;

implementation of projects of land management and other projects on use and protection of lands;

designing, placement and construction of facilities, the lands exerting negative impact on condition;

timely and high-quality accomplishment of actions for improvement of lands, to prevention and liquidation of erosion of soils, salinization, bogging, flooding, leaving out of the agricultural turnover, littering, pollution and other processes causing degradation of lands;

establishment and safety of land marks;

timely return of lands, provision to urgent use.

2.3. The state authorized body in the field of environmental protection, and its bodies on places exercise the state control for:

accomplishment of nature protection requirements in case of allocation of land under all types of economic activity;

respect for environmental standards in case of development of the new equipment and technology for processing of soils, and also in case of placement, design, construction and operation of the companies and other objects;

prevention of litterings of lands, and also pollution of soils sewage, pesticides, mineral fertilizers, toxic and radioactive materials;

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