Thursday, 24, June, 2021

On June 8, the President Shavkat Mirziyoyev signed the Measures to ensure equality and transparency in land relations, reliable protection of land rights and turning them into a market asset Decree.

From August 1, 2021, a new procedure is being introduced, according to which:

  • land plots shall be provided to the private sector - on the basis of ownership and lease rights, while to state bodies, institutions, enterprises, and citizens' self-government - on the basis of the right of permanent use.
  • the procedure for provision of land plots on the basis of the right to life-long inherited possession, permanent possession, temporary use shall be canceled, while these rights to previously provided land plots shall be retained by their owners in accordance with the current procedure;
  • in the event of a transfer of ownership of an immovable property, built in accordance with the procedure established by law on a land plot received for lease, the right of lease to the land plot on which it is located is transferred to another person, together with the right of ownership of this object, to the new owner;
  • agricultural land is provided only on the basis of the right to lease based on the results of open electronic tenders, in which producers of all types of agricultural products can participate, the results of which are approved by the decision of the Council of Ministers of Karakalpakstan, governors and Tashkent city mayor;
  • non-agricultural land is sold through electronic online auctions based on ownership and lease rights;
  • state organizations are provided land plots for state and public needs by the decision of the Council of Ministers of Karakalpakstan, governors and Tashkent city mayor with the right of permanent use;
  • in all cases, land plots shall be provided exclusively from lands that are vacant and transferred to reserve, the withdrawal of land plots, their transfer to reserve lands, their provision to other persons in a single document or simultaneously shall be deemed a violation of the procedure for providing land and shall be grounds for prosecution in accordance with the law;
  • when implementing public-private partnership projects and projects aimed at achieving socially significant goals, land plots shall be provided to a state body with the right of permanent use, these land plots can be leased to a private partner, non-state non-profit organization and other civil society institutions for the duration of the transactions public-private or social partnership;
  • land plot on which the apartment building is located, as well as the land plot adjacent to it, if it does not belong to the owners on the basis of other rights, shall be provided to them for general use by the decision of the Council of Ministers of Karakalpakstan, governors and Tashkent city mayor on the basis of the right of permanent use.

From August 1, as an exception, the Cabinet of Ministers has the right to lease land plots directly only in the following cases:

  • to state research and educational institutions for the implementation of scientific research and test experiments in the field of agriculture - at the suggestion of the Ministry of Agriculture;
  • to agro-industrial clusters - at the suggestion of the Ministry of Agriculture, the Council of Ministers of Karakalpakstan, governors when depositing funds in the amount of double the standard value of the land plot;
  • for the implementation of a large investment project, determined by the selection of the best offer, with an equivalent value of at least 10 million dollars (increases depending on the size of the land plot) - during the initial provision of funds equal to at least 10% of the project cost to a special current account;
  • to enterprises with the participation of foreign investments, international associations and organizations, foreign legal entities and individuals - with payment in market value for obtaining the right to lease (except for international associations and organizations).

From August 1, a number of powers of local government bodies related to land relations, as well as the right to make decisions, orders or other types of documents, shall be canceled.

Thus, mayor and governor offices will no longer be able to directly provide land plots, provide for use, reserve for subsequent provision, secure, provide land for improvement or other disposal of land plots. The exception is the authority to provide land plots for permanent use to state organizations, approve the results of an open tender, sign a lease agreement, and formalize the results of privatization of land plots in accordance with this decree.

In addition, mayor and governor offices will not be able to establish, recognize, change, abolish rights to land plots, transfer irrigated land to the category of rain-fed land or to another category of land, and transfer non-irrigated agricultural land to another category of land, as well as provide land.

for collective gardening, viticulture and melon growing, auxiliary agriculture.

Moreover, mayor and governor offices shall be deprived of the authority to establish investment obligations with respect to privatized land plots or other obligations limiting the free disposal of private property.

From August 1, all procedures, benefits and exceptions established by legislation, providing for the provision of land plots in a different manner than provided for by the decree, are completely canceled.

Public authorities are prohibited from initiating the direct provision of land plots or the establishment of benefits and exceptions in any other way.

The Ministry of Finance was instructed, within a month, to submit to the Cabinet of Ministers an order providing for full or partial compensation of the costs of redemption of land plots through an electronic online auction to persons subject to special social protection, as well as persons whose land plots were seized for state and public needs.

Within a month, it is planned to amend the land legislation, taking into account the new procedure.

From June 8, until the introduction of amendments and additions to the Land Code, it was ordered to strictly suspend the provision of land plots by the Council of Ministers of Karakalpakstan, local representative and executive authorities of regions, Tashkent, districts and cities in a different manner than provided for by this decree.

The document creates the Republican Council for the early detection of violations of land legislation and coordination of activities aimed at their prevention. It will be headed by the Attorney General.

The bodies of the Cadastre Agency under the State Tax Committee has received the right to apply directly to the court in case of revealing the facts of misuse of land plots with a claim to cancel the right to these land plots in accordance with Article 36 of the Land Code, as well as the demolition of illegally built buildings on an unauthorized land plot ...

All procedures related to the selection and approval of land plots for putting up for an electronic online auction and an open tender, accepting applications for participation in an auction and a competition, holding an auction and a competition, registering their results, without exception, are carried out only through electronic document management using electronic information systems.

The presence of a positive conclusion of the territorial bodies of justice based on the results of legal expertise is a prerequisite for the adoption by local government bodies of acts on land relations.

Within two months, it is planned to approve the Administrative Regulations for the lease of land for agricultural purposes, the provision of land for permanent use for state and public needs, the selection of the best proposal for the implementation of a large investment project.

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