LAW OF THE REPUBLIC OF UZBEKISTAN

of July 24, 2018 No. ZRU-487

About modification and the amendments in some legal acts of the Republic of Uzbekistan directed to enhancement of the land legislation

Accepted by Legislative house on June 26, 2018

Approved by the Senate on June 28, 2018

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, No. 4 Art. 224), following amendments and changes:

1) in Article 65:

add with parts two and third the following content:

"Failure to carry out by land owners, land users and lessees of obligations on improvement and protection of the irrigated lands, including ensuring target, rational use, reproduction and increase in fertility of soils on the parcel of land up to one hectare, -

attracts imposing of penalty on citizens from three to five, and on officials - from five to seven minimum sizes of the salary.

Failure to carry out by land owners, land users and lessees of obligations on improvement and protection of the irrigated lands, including ensuring target, rational use, reproduction and increase in fertility of soils on the parcel of land more than one hectare, -

attracts imposing of penalty on citizens from five to seven, and on officials - from seven to ten minimum sizes of the salary";

the second to consider part part four;

"Article 65 part two" shall be replaced with words 2) in part one of Article 261 of the word "Article 65 part four";

Part the second Article 2661 to state 3) in the following edition:

"Consider cases on administrative offenses and apply administrative punishments in the form of imposing of penalty on behalf of bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, to cartography and the state inventory the chief state inspector of the Republic of Uzbekistan on control of use and protection of lands and his deputies, the chief state inspectors of the Republic of Karakalpakstan, areas, the city of Tashkent and areas (cities) on control of use and protection of lands has the right".

Article 2. Bring in the Land code of the Republic of Uzbekistan approved by the Law of the Republic of Uzbekistan of April 30, 1998 No. 598-I (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1998, No. 5-6, of Art. 82; 2003, No. 9-10, of Art. 149; 2004, No. 5, Art. 90; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2007, No. 12, Art. 608; 2009, No. 1, Art. 1, No. 12, Art. 472; 2011, No. 1, Art. 1; 2014, No. 1, Art. 2, No. 9, Art. 244; 2015, No. 8, Art. 312; 2017, No. 9, Art. 510; 2018, No. 1, Art. 1), following changes and amendments:

1) in Article 12:

the second to state part in the following edition:

"Land management is performed by bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory at the request of the Cabinet of Ministers of the Republic of Uzbekistan, local public authority or according to requests of legal entities and physical persons";

the ninth to state part in the following edition:

"Intraeconomic land management includes the intraeconomic organization of the territory of agricultural enterprises, organizations and the organizations, placement of sowings of agricultural crops and long-term plantings, introduction of evidence-based crop rotations, the device of all agricultural holdings (haymakings, pastures, gardens, vineyards and others), development of actions for fight against erosion of soils, and also complex reconstruction of the irrigated lands";

"Bodies of land management service" shall be replaced with words 2) in part five of Article 13 of the word "bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory";

"Bodies of the state inventory and land management service" shall be replaced with words 3) in part six of Article 15 of the word "bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory";

The third and fourth Article 19 to state 4) to part in the following edition:

"Right of lifetime inheritable possession the parcels of land of citizens makes sure the certificate on state registration of the right to the parcel of land.

The form of the certificate on state registration of the right to the parcel of land, procedure for its registration and issue is determined by the legislation";

5) in Article 20:

the fifth and sixth to state parts in the following edition:

"The rights of permanent ownership and permanent use of the parcel of land are subject to state registration with issue of the certificate on state registration of the right to the parcel of land.

The procedure for state registration of the right to the parcel of land and issues of the certificate on state registration of the right to the parcel of land is established by the legislation";

the seventh to exclude part;

the eighth and ninth to consider parts respectively parts seven and the eighth;

Shall be replaced with words 6) in Article 21 of the word "in the state acts certifying the right of permanent ownership or the right of permanent use of the parcels of land" "in the state register of the rights to real estate and transactions with them";

The text of Article 22 to state 7) in the following edition:

"Upon transition of the property right, right of economic maintaining or the right of operational management to the company, the building, construction or other real estate together with these objects passes also right of possession and permanent use of the parcel of land occupied with the specified objects and necessary for their use.

Upon transition of the property right (purchase, donation or obtaining by inheritance and others) to the apartment house, garden lodge passes to physical persons together with the property right to these structures and right of lifetime inheritable possession all parcel of land on which there are these structures.

Transition of right of possession and permanent use of the parcel of land, the busy company, the building, construction or other real estate, is drawn up by entering of data on the new land owner or the land user into the land and cadastral book of the area, the city based on the relevant agreements, decisions of owners or bodies and persons authorized by them and issue of the certificate on state registration of the right of permanent ownership, permanent use or the life inherited tenancy to them on the parcel of land.

Upon transition of the property right, right of economic maintaining, the right of operational management to part of the company, the building, construction or other real estate to the new owner or the owner of other corporeal rights passes right of possession and permanent use of part of the parcel of land in the amount of, pro rata dale of the company, the building, construction or other real estate, and in cases of impossibility of such differentiation of the parcel of land, and also in case of dispute over the questions provided by part three of this Article, its Section is made by bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory which affirms the solution of hokim of the area, the cities with the subsequent state registration of right of possession and permanent use of the parcel of land and issue of appropriate certificates about state registration";

8) the fifth Article 23 to state part in the following edition:

"It is forbidden start ownership and use of the provided (realized) parcel of land before establishment of borders of this site in nature (on the area) bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory and issue of the documents certifying the right to the parcel of land";

Part one of Article 27 to state 9) in the following edition:

"For individual housing construction and servicing of the apartment house the parcels of land in sizes on one family to hectare 0,06 according to the procedure, established by the legislation are provided to citizens of the Republic of Uzbekistan in the life inherited tenancy";

Part third of Article 32 to state 10) in the following edition:

"The plan and the description of the parcel of land, carrying out of its borders on the area are carried out by bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory and affirm public authorities on places";

The text of Article 33 to state 11) in the following edition:

"The document certifying the right to the parcel of land is the certificate on state registration of the right to the parcel of land.

The certificate on state registration of the right to the parcel of land is granted based on the decision of public authorities on places about provision (separation) of the parcel of land to legal entities and physical persons or the lease agreement, purchase and sale and other types of alienations, the state warrant for the property right to the parcel of land, the decision of owners or persons authorized by them.

The right to the parcel of land acquires force after state registration of the right to it in accordance with the established procedure";

Article 40 to add 12) with Items 10 and 11 of the following content:

"10) to indemnify the loss caused by violation of the land legislation, according to the procedure, established by the legislation, in case of the forced termination of the rights to the parcel of land;

11) to take measures for non-admission of unauthorized occupation of lands and (or) unauthorized building, and also suspension of illegal construction on self-willedally taken parcel of land";

Part third of Article 44 to state 13) in the following edition:

"The irrigated lands are subject to special protection. Transfer of these lands in not irrigated grounds is made in exceptional cases taking into account soil and meliorative and economic conditions, water security of lands, availability of water resources and limits on them by the solution of hokim of area according to the conclusion of the Ministry of Agriculture of the Republic of Uzbekistan, the Ministry of water economy of the Republic of Uzbekistan and the State committee of the Republic of Uzbekistan on land resources, geodesy, cartography and the state inventory in coordination with the Cabinet of Ministers of the Republic of Uzbekistan";

14) the third offer of part six of Article 49 to state in the following edition:

"To the agricultural enterprises, organizations and the organizations which received the parcels of land the certificate on state registration of the right to the parcel of land in accordance with the established procedure is granted";

Part the fourth Article 79 to add 15) with the paragraph the ninth the following content:

"measures for non-admission of unauthorized occupation of lands and (or) unauthorized building, and also suspension of illegal construction on self-willedally taken parcel of land";

The word "land management" shall be replaced with words 16) in Article 80 part five "bodies of the State committee of the Republic of Uzbekistan for land resources, geodesy, cartography and the state inventory";

17) in Article 87:

third to state part in the following edition:

"Losses of agricultural and forestry and landscape production are not compensated:

in case of seizure of land for construction of individual and apartment apartment houses and their servicing;

in case of seizure of land for the organization of places of burial, for construction of the public educational and medical institutions, nursing homes, orphanages;

in case of allocation of the parcels of land for water economy under construction of meliorative objects and hydraulic engineering constructions;

by provision of the parcels of land for formation of the protected natural territories;

in case of seizure of land for needs of defense;

in case of seizure of land for needs of arrangement of Frontier of the Republic of Uzbekistan";

in word part four "Legal acts" shall be replaced with words "Legal acts and decisions of the Cabinet of Ministers of the Republic of Uzbekistan";

The text of Article 88 to state 18) in the following edition:

"The means arriving according to the procedure of compensation of losses of agricultural production are used for purpose on:

development of new lands and complex reconstruction of the irrigated lands;

development and implementation of state programs on increase in fertility of soils, rational use and protection of farmlands;

construction and reorganization of collector and drainage network, the capital layout and increase in water security of the irrigated lands;

radical improvement of haymakings and pastures;

creation or adjustment of project and other documentation on land management, land cadastre, monitoring of lands and soil researches;

creation of the automated land information systems.

According to the solution of hokim of area of means, specified in part one of this Article, can be used on implementation and other actions directed to increase in production of agricultural products, rational use and protection of farmlands.

The means arriving according to the procedure of compensation of losses of forestry and landscape production are considered separately and used on creation and recovery of the woods and lesoplodovy plantings, afforestation of sands, coastal strips of reservoirs and the rivers, and also on implementation of other actions directed to improvement of condition of forest grounds".

Article 3. Bring in the Law of the Republic of Uzbekistan of August 28, 1998 No. 666-I "About the state land cadastre" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1998, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 9-10, Art. 149; 2004, No. 5, Art. 90; 2005, No. 1, Art. 18) following changes:

Paragraph two of part one of Article 10 to state 1) in the following edition:

"carrying out space shootings, land, cartographic, soil, agrochemical, geobotanical and other inspections and researches, inventory count of lands, quantitative and high-quality accounting and assessment of lands, state registration of the rights of the legal entities and physical persons to the parcels of land which are carried out in accordance with the established procedure by the relevant divisions of the State committee of the Republic of Uzbekistan on land resources, geodesy, cartography and the state inventory";

The text of Article 13 to state 2) in the following edition:

"State registration of rights of possession, uses of the parcels of land, leases of the parcels of land, and also the property rights to the parcels of land, including agreements on servitudes and other restrictions and the termination of these rights, is performed in the location of the parcel of land by entering of the relevant data into the State register of the rights to real estate and transactions with them.

The legal entities and physical persons having in ownership, use, lease and also in property the parcels of land, shall register the right to the parcels of land in accordance with the established procedure.

Origin, transition, restriction and the termination of the rights to the parcels of land are subject to state registration. For registration of the rights to the parcels of land the registration fee according to the procedure, established by the Cabinet of Ministers of the Republic of Uzbekistan is levied.

State registration of the rights to the parcels of land is made in accordance with the established procedure based on the statement of legal entity or physical person in the body performing state registration of the rights to the parcels of land.

State registration of the rights of legal entities and physical persons to the parcels of land is performed by the relevant authorized body in two-day time from the moment of receipt of the statement with appendix of necessary documents on the rights to the parcels of land, except as specified, stipulated by the legislation.

About the made state registration of origin and transition of the rights to the parcel of land the certificate on state registration with indication of in it dates and numbers of registration record is granted.

The right to the parcel of land which arose in accordance with the established procedure acquires force after its state registration";

"Compensations of losses and losses in case of withdrawal of lands for the state and social needs" to exclude 3) from part two of Article 19 of the word.

Article 4. Bring in the Law of the Republic of Uzbekistan of December 15, 2000 No. 171-II "About the state inventories" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2001, No. 1-2, of Art. 19; 2002, No. 9, Art. 165; 2005, No. 1, Art. 18; 2011, No. 1, Art. 1; 2018, No. 4, the Art. 224) the following amendments and changes:

The paragraph third article 5 parts one after the word "technogenic" to add 1) with the word of "mineral";

The text of Article 13 to state 2) in the following edition:

"The rights to the cadastral objects which are real estate are subject to state registration according to the procedure, established by the legislation.

State registration of the rights to cadastral objects is the legal act of recognition and confirmation by the state of the rights of legal entities and physical persons to cadastral objects.

State registration of the rights to cadastral objects is performed by entering of information supported by the documents into the state registers.

State registration of the rights to the cadastral objects which are real estate is obligatory for all owners and owners of other rights to cadastral objects";

To replace 3) in Article 14 of the word of "departments, public authorities on places" with the word of "departments".

Article 5. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law;

provide execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 6. This Law becomes effective after three months from the date of its official publication.

 

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