Agreement between the Government of the Kyrgyz Republic and Government of the Republic of Tajikistan on mutual withdrawal of the parcels of land
The government of the Kyrgyz Republic and the Government of the Republic of Tajikistan which further are referred to as with the Parties
being effective in the spirit of neighborliness and mutually beneficial cooperation,
based on provisions of the Protocol of meeting of Prime Ministers of the Kyrgyz Republic and the Republic of Tajikistan concerning mutual allocation of land for construction of high-voltage power lines and the highway of May 21, 2004,
for the purpose of ensuring mutual withdrawal of the parcels of land for construction of high-voltage power lines and the highway,
agreed as follows:
The parties in accordance with the established procedure resolve in a month issue of withdrawal of the parcels of land:
- in the territory of the Batken district of Batken Province of the Kyrgyz Republic for the Republic of Tajikistan only under construction of LEP-220 of kV from substation Aygul-Tash of Batken Province of the Kyrgyz Republic towards substation Kanibadam of the Sughd area of the Republic of Tajikistan according to the legislation of the Kyrgyz Republic;
- in the territory of the Isfara district of the Sughd area of the Republic of Tajikistan, since point of intersection of the projectible highway with the line of the Kyrgyz-Tajik frontier, from East side of the highway Osh - Isfana, the parcel of land for the Kyrgyz Republic only under construction of the section of Oshisfan Highway, to the north of the village of Surkh of the Isfara district of the Sughd area of the Republic of Tajikistan, in the form of the trestle overpass combined with the bridge through bed of emergency selesbros and the overpass over the highway Isfara - Vorukh and the rivers Isfara and further, along the left river bank Isfara and the foot of the mountain "Tanga Surkh", in the western direction to point of intersection of the projectible highway with the line of the Kyrgyz-Tajik frontier from West side of frontiers of the Kyrgyz Republic and the Republic of Tajikistan passing the bridge crossing through mudstone bed Shuriston and the site of power line of 110 kV from substation Aygul-Tash to substation Samat, to the south of the settlement of Hodge-is scarlet Dzhamoat Chorka of the Republic of Tajikistan, according to the legislation of the Republic of Tajikistan (Appendix).
The quantitative structure of artificial constructions of the section of the highway Osh - Isfana will be specified during detailed designing.
Appendix is integral part of this agreement.
All compensation expenses connected with possible demolitions of apartment houses and rooms, and also other structures, long-term plantings, replacement of the parcels of land of land users of the citizens falling under construction of LEP-220 of kV are born by the Kyrgyz Side, and the section of the highway Osh - Isfan and LEP-110 of kV - are carried by the Tajik Side.
For the purpose of coordination of practical interaction within this agreement and ensuring its effective realization of the Party will create the joint commission which part representatives of authorized bodies of the Parties will be.
By mutual consent of the Parties, changes and additions which are drawn up by the separate Protocol which will be integral part of this agreement can be made to this agreement.
The disputes and disagreements which arose between the Parties in implementation process of this agreement are permitted by negotiation and consultations.
The parties represent each other the parcels of land mentioned in Article 1 of this agreement to lease for a period of 49 years with the rent in the amount of 1 US dollar a year.
On the taken-away parcels of land the rights of free crossing and movement of citizens and vehicles of the Part taken in construction of the specified objects for construction and operation of the specified objects are granted.
The parties shall not refer to provisions of this agreement during delimitation and demarcation of the line of frontier between the Kyrgyz Republic and the Republic of Tajikistan.
This agreement becomes effective from the date of the last written notice of accomplishment of the interstate procedures by the Parties necessary for its entry into force, and 49 years are effective.
Action of this agreement can be prolonged as agreed by the parties.
It is made in the city of Dushanbe on May 18, 2005, in two authentic copies, everyone in the Kyrgyz, Tajik and Russian languages, and all texts are equally authoritative.
In case of disagreements in interpretation of provisions of this agreement, the Parties will be guided by the text in Russian.
For the Government
For the Government
Republic of Tajikistan
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