LAW OF THE REPUBLIC OF UZBEKISTAN

of September 29, 2020 No. ZRU-639

About modification and amendments in some legal acts of the Republic of Uzbekistan for the purpose of increase in efficiency of use of lands in agricultural purpose and forest fund

Accepted by Legislative house on July 22, 2020

Approved by the Senate on September 11, 2020

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, 5, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, 432, No. 10, Art. of the Art. 671, 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5, No. 2, Art. 47, No. 3, Art. of the Art. 161, 165, 166, No. 5, Art. of the Art. 259, 261, 267, 268, No. 7, Art. 386, No. 8, Art. of the Art. 469, 471, No. 9, Art. of the Art. 591, 592, No. 10, Art. of the Art. 674, 676, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 891; 2020, No. 1, Art. 4, No. 3, Art. of the Art. 203, 204, No. 7, Art. 449), following amendments:

To add 1) with Article 261-1 of the following content:

"Article 261-1. Bodies of the state forestry

Cases on the administrative offenses provided by parts one and the second Article 77, Article 78, Article 79 (regarding lands of forest fund), Articles 80, of 83, Article 84 (regarding lands of forest fund), Article 90 part one (regarding lands of forest fund) of this Code are subordinated to bodies of the State committee of the Republic of Uzbekistan for forestry.

Consider cases on administrative offenses and apply administrative punishments in the form of imposing of penalty on behalf of the State committee of the Republic of Uzbekistan on forestry has the right:

the chief state forestry inspectors of the State committee of the Republic of Uzbekistan, the chief state forestry inspectors of Committee of the Republic of Karakalpakstan, managements of forestry of areas - on citizens to fifteen, and on officials - up to twenty basic settlement sizes;

the state forestry inspectors of the State committee of the Republic of Uzbekistan, the state forestry inspectors of Committee of the Republic of Karakalpakstan, managements of forestry of areas, the state forestry, the state lesookhotnichy farms, specialized state forestry, the state timber industry companies and employees of national natural parks - on citizens to ten, and on officials - up to fifteen basic settlement sizes";

Article 287 to add 2) with the Item "51" of the following content:

"51) officials of bodies of the State committee of the Republic of Uzbekistan on forestry - when making the offenses provided by parts one and the second Article 77, Article 79 (regarding lands of forest fund), Articles 83, 84 (regarding land fund), Article 90 part one (regarding lands of forest fund) of this Code";

Part third of article 289 after words of "bodies of the State committee of the Republic of Uzbekistan for ecology and environmental protection" to add 3) with words of "bodies of the State committee of the Republic of Uzbekistan for forestry";

Part one of Article 291 to add 4) with the Item "v1" of the following content:

"in 1) officials of bodies of the State committee of the Republic of Uzbekistan on forestry - when making offenses, stipulated in Article 78, Article 79 (regarding lands of forest fund), Article 84 (regarding lands of forest fund), Article 90 part one (regarding lands of forest fund) of this Code".

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, No. 4, Art. 224, No. 7, Art. 432, No. 12, Art. 781; 2019, No. 1, Art. 1, No. 3, Art. 161, No. 4, Art. 199, No. 8, Art. 469, No. 11, Art. 792), following changes and amendments:

Part the fourth Article 24 to state 1) in the following edition:

"Delivery of the leased parcel of land or its part in the sublease is forbidden, except as specified, stipulated in Article 242 of this Code";

To add 2) with Articles 24-1, 24-2 and 24-3 of the following content:

"Article 24-1. Provision of lands of agricultural purpose and lands of forest fund in lease on the basis of the investment agreement or public-private partnership

On the basis of the investment agreement or public-private partnership in lease for the term which cannot be less than three years and shall not exceed forty nine years can be provided:

the irrigated lands and bogharic lands which left agricultural turnover - to citizens of the Republic of Uzbekistan and agricultural enterprises;

not used the earth of forest fund - to physical persons and legal entities;

pastures, deposits, long-term plantings - to citizens of the Republic of Uzbekistan, agricultural enterprises, and also the investors who are residents of the Republic of Uzbekistan.

Article 24-2. Provision of lands of agricultural purpose in the sublease

The earth of agricultural purpose can be provided in the sublease to legal entities and physical persons (without the right of their transfer to the third parties) for the purpose of cultivation of agricultural products.

The parcel of land of agricultural purpose can be provided in the sublease for a period of up to one year, except as specified, provided by part three of this Article.

In cases, stipulated in Article 241 of this Code, the term of the agreement of the sublease of the parcels of land of agricultural purpose entered into use is determined by agreement of the parties and cannot exceed the term of the lease agreement of the parcel of land of agricultural purpose.

The parcel of land of agricultural purpose transferred to the sublease cannot be subject to purchase and sale, pledge, donation, exchange.

Conditions and terms of the sublease of the parcel of land of agricultural purpose are determined by agreement of the parties and are fixed by the agreement. The procedure and the amount of collection of payment for the sublease of lands of agricultural purpose are determined in the agreement of the sublease according to the legislation.

The agreement of the sublease of the parcel of land of agricultural purpose is subject to state registration according to the procedure, stipulated by the legislation.

If other is not provided by the lease agreement of the parcel of land of agricultural purpose, early termination of this agreement attracts termination of the contract of the sublease of the parcel of land of agricultural purpose.

Early termination of the agreement of the sublease of the parcel of land of agricultural purpose is made by agreement of the parties, and in case of not achievement of such agreement - by a court decision.

The procedure for provision of the parcel of land of agricultural purpose in the sublease is determined by the Cabinet of Ministers of the Republic of Uzbekistan.

Article 24-3. Provision in temporary use of the parcel of land with preserving right of lifetime inheritable possession

Dehkan farms and owners of the home parcels of land can provide the parcels of land provided to them in the life inherited tenancy, or part of these parcels of land in temporary use to legal entities and physical persons for the purpose of cultivation of agricultural products. The procedure for temporary use is determined by the parcel of land based on the agreement of the parties. At the same time behind Dehkan farms and owners of the home parcels of land right of lifetime inheritable possession on these parcels of land remains";

Part one of Article 39 to add 3) with the subitem 9 of the following content:

"9) to transfer to the sublease the parcel of land of agricultural purpose or its part in the procedure established by the legislation";

Article 44 to add 4) with part four of the following content:

"Allocation of the irrigated lands for the nonagricultural purposes, including for construction of industrial and civil facilities (buildings and constructions), and also greenhouses in which the new methods of advanced technologies (hydroponics and others) which are not requiring fertile soils, except as specified allocation of lands according to the decision of the President of the Republic of Uzbekistan are applied is not allowed";

Part third of Article 45 to state 5) in the following edition:

"Especially valuable productive irrigated agricultural holdings under construction of the companies, buildings and constructions are provided in exceptional cases according to the decision of the President of the Republic of Uzbekistan";

Part third of Article 76 to state 6) in the following edition:

"Bodies of the state forestry can provide in lease not used the earth of forest fund to physical persons and legal entities, including by carrying out biddings. On the basis of the investment agreement or public-private partnership not used the earth of forest fund can be provided in lease to physical persons and legal entities for the term which cannot be less than three years and shall not exceed forty nine years".

Article 3. Bring in the Law of the Republic of Uzbekistan of April 30, 1998 No. 602-I "About farm" (in edition of the Law of the Republic of Uzbekistan of August 26, 2004 No. 662-II) (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2004, No. 9, Art. 162; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2006, No. 3, Art. 119; 2007, No. 12, Art. 608; 2008, No. 12, Art. 640; 2009, No. 12, Art. 472; 2011, No. 9, Art. 248; 2012, No. 9/1, of Art. 238; 2013, No. 10, Art. 263; 2015, No. 8, Art. 312; 2016, No. 12, Art. of the Art. 383, 385; 2018, No. 4, Art. 224, No. 12, Art. 781; 2019, No. 4, Art. 199, No. 12, Art. 886; 2020, No. 1, Art. 2) following changes and amendments:

1) in Article 13:

to exclude from part two of the word "and to be transferred to the sublease";

add with part three of the following content:

"The parcels of land provided to farm in the cases provided by the paragraph third parts one of article 16 of this Law can be provided to legal entities and physical persons in the sublease (without right of disposal to the third parties) for a period of up to one year";

speak rapidly third - to consider the tenth respectively parts four - the eleventh;

2) in Article 16:

add part one with the paragraph third the following content:

"provide in the sublease to legal entities and physical persons (without right of disposal to the third parties) the parcel of land for intermediate sowing of agricultural crops";

third - the seventeenth to consider paragraphs respectively paragraphs the fourth - the eighteenth.

Article 4. Article 9 of the Law of the Republic of Uzbekistan of April 30, 1998 No. 604-I "About Dehkan economy" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 1998, No. 5-6, of Art. 88; 2001, Art. No. 1-2, 23, No. 5, Art. 89; 2003, No. 9-10, of Art. 149; 2004, No. 1-2, of Art. 18; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 5, Art. 152; 2007, No. 12, Art. 608; 2008, No. 12, Art. 640; 2009, No. 1, Art. 1, No. 12, Art. 472; 2010, No. 9, Art. 334; 2013, No. 10, Art. 263; 2015, No. 8, Art. 312; 2016, No. 12, Art. 383; 2018, No. 12, Art. 781; 2019, 4, the Art. 199) to add No. with part seven of the following content:

"Dehkan farms can provide the parcels of land provided to them in the life inherited tenancy, or part of these parcels of land in temporary use to legal entities and physical persons for the purpose of cultivation of agricultural products. The procedure for temporary use is determined by the parcel of land based on the agreement of the parties. At the same time behind Dehkan farms right of lifetime inheritable possession on these parcels of land remains".

Article 5. Bring in the Law of the Republic of Uzbekistan of April 15, 1999 No. 770-I "About the wood" (in edition of the Law of the Republic of Uzbekistan of April 16, 2018 No. ZRU-475) (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, No. 4, Art. 423; 2019, No. 8, Art. 470) following changes and amendments:

Parts one of Article 13 of the word "and also for placement of beehives and apiaries" to exclude 1) from the paragraph of the ninth;

2) in Article 25:

third to add part with the paragraph the fourth the following content:

"consider cases on administrative offenses";

the fourth - the eighth to consider paragraphs respectively paragraphs the fifth - the ninth;

Article 31 to add 3) with part nine of the following content:

"On the basis of the investment agreement or public-private partnership not used the earth of forest fund can be provided in lease to physical persons and legal entities for the term which cannot be less than three years and shall not exceed forty nine years";

4) in Article 33 part two:

to exclude the paragraph of the eighth;

the ninth and tenth to consider paragraphs respectively paragraphs the eighth and ninth;

The text of Article 40 to state 5) in the following edition:

"Sites of the state forest fund are provided by bodies of the state forestry to legal entities and physical persons on contractual basis for placement of beehives and apiaries".

Article 6. Bring in article 38 of the Law of the Republic of Uzbekistan of December 3, 2004 No. 710-II "About the protected natural territories" (Sheets of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 1, Art. 14; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2014, No. 9, Art. 244; 2017, No. 9, Art. 510; 2019, No. 1, Art. 1) following amendments:

the second after the word to "representation" to add part with words of "The state committee of the Republic of Uzbekistan on tourism development";

add with part three of the following content:

"Recreational zones on sites of the state forest fund are formed by decisions of public authorities on places in coordination with the State committee of the Republic of Uzbekistan on tourism development, the Federation Council of labor unions of Uzbekistan and the Ministry of Health of the Republic of Uzbekistan on representation of the State committee of the Republic of Uzbekistan on forestry".

Article 7. Bring in article 13 of the Law of the Republic of Uzbekistan of May 20, 2019 No. ZRU-538 "About pastures" (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2019, No. 5, the Art. 263) the following change and amendment:

in part one the word "lease" shall be replaced with words "lease, including in the sublease";

add with parts four and heel of the following content:

"On the basis of the investment agreement or public-private partnership of pasture, left turnover, can be provided in lease to citizens of the Republic of Uzbekistan, agricultural enterprises, and also the investors who are residents of the Republic of Uzbekistan for the purpose of agricultural production for the term which cannot be less than three years and shall not exceed forty nine years.

The legal entities and physical persons specified in part four of this Article can provide the pastures entered into use in the sublease (without the right of their transfer to the third parties)".

Article 8. To provide to the Ministry of Agriculture of the Republic of Uzbekistan, the State committee of the Republic of Uzbekistan on forestry and other interested organizations execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 9. 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.

Article 10. This Law becomes effective from the date of its official publication.

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