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Ministry of Justice

Republic of Tajikistan

of June 13, 2007 No. 268

Approved by the State committee of the Republic of Tajikistan on land management of April 24, 2007

Instructions for carrying out the state accounting of number of lands

Are the basis for these "Instructions": "Instructions for carrying out the state accounting of number of lands in the Tajik SSR" (GPI Tadzhikgiprozem - 1985), the Land code of the Republic of Tajikistan, the Law of the Republic of Tajikistan "About land management", the Law of the Republic of Tajikistan "About land reform", "The instruction on deshifrirovaniye of aerial photographs and photoplans in scales 1:10000, 1:25000 for the purposes of land management, the state accounting of lands and land cadastre".

These instructions are approved by the GPI technical council "Tochikzaminsoz" the protocol No. 2 of 10.03.2005. Scientifically - technical Council of the State committee of the Republic of Tajikistan for land management, the protocol 1, Item 1 of October 1, 2006.

1. General information

1.1 The earth in the Republic of Tajikistan is exclusive property of the state and the state guarantees effective use it for the benefit of the people. The single state land fund is object of land accounting which is carried out on single system. All earth in whose maintaining or use it was not is subject to accounting.

1.2 According to the main purpose, all lands in the Republic of Tajikistan, are subdivided into the following categories:

1) earth of agricultural purpose;

2) earth of settlements (cities, settlements of city type and rural settlements);

3) earth of the industry, transport, communication of defense and other appointment;

4) lands nature protection, improving, recreational, and the historian - cultural appointment;

5) earth of the state forest fund;

6) earth of the state water fund;

7) earth of the state inventory;

1.3. The earth of agricultural purpose represent the most important category of lands as a part of single state land fund of the country and the industries - in raw materials are used by agricultural enterprises, organizations and the organizations for the purpose of satisfaction of the increasing needs for food, and. With respect thereto accounting of lands of agricultural purpose is important especially. For the organization of rational use of lands it shall give the detailed characteristic of lands of agricultural purpose on structure of grounds and their quantity.

The accounting of lands referred in category of lands of settlements (the cities, settlements of city type and rural settlements) to be carried out only on special task, and in case of single accounting of lands in the area, on them only total areas are shown.

Accounting of lands of the industry, transport, communication, defense and other appointment, also water fund and goszemzapas are carried out as well as the earth of agricultural purpose.

Accounting of lands of the state forest fund (free state forest resource) is carried out according to the forestry and landscape companies of the Republic of Tajikistan and for materials of the last forest management, in the absence of them as well as other land users.

The state forest resource earth, provided in long-term use to agricultural enterprises for farming are considered as well as the earth of agricultural purpose.

1.4. Depending on amount and the work content, accounting of lands is subdivided into two types: high-quality and quantitative;

Quantitative accounting is also divided into two types: the main and current.

The main accounting of lands in the irrigated zone is carried out in five years, and in bogharic zone in 10 years. Which task includes initial receipt of data on legal, economic, quantitative condition of lands, and entering of these data into zemelnouchetny documents.

The current accounting is carried out annually and its task consists in identification and introduction in zemelno - accounting documentation of all changes of the lands which occurred in use after production of the main accounting.

1.5. The main zemelno - accounting unit is land use. Land use, is the territory (part of single state land fund) provided by the state to certain land user for strictly established purposes.

Element of accounting of lands is the ground - the part of land use which is systematically used in specific purposes. The area of specific ground can consist of one or group of contours.

The contour is understood as the parcel of land of certain use or quality (i.e. ground) which is expressed on the scale of the plan which is limited to lands of other use or quality. It is primary element in determination of the area of ground.

1.6. The state accounting of number of lands to be carried out for the purpose of obtaining by types of grounds of number of all lands and all land users, and also lands of the cities of district subordination, settlements of city type, the earth of the state inventory who are separately irrigated, being in use and other categories of lands.

High-quality accounting of land grounds to be made on classes of lands, mechanical structure of soils, the signs influencing fertility and also cultural technical condition of haymakings and pastures. The main for the characteristic of quality is high-quality materials of soil and geobotanical inspections, according to plan - cartographic materials and other required materials of quantitative accounting of lands.

1.7. The main accounting of number of lands is carried out by GPI Tochikzaminsoz, and its branch, PII "Fazo" according to these Instructions according to the specification of the State committee of the Republic of Tajikistan on land management where is reflected features of accounting of lands of the specific area.

The current accounting is carried out by district committee on land management. Results of the current accounting find the final reflection in the report of land balance, as of January 1 every year, about change in land use and land users.

Land users

1.8. It agrees, the land code of the Republic of Tajikistan land users are physical persons and legal entities. Physical persons and legal entities can be primary or secondary land users.

Primary land users are the physical persons and legal entities using the parcels of land in termless, urgent or lifelong inherited use.

Secondary land users are the physical persons and legal entities using the parcels of land on provisions of the lease.

Unlimited use of the earth

Land use without predefined term is recognized termless.

In unlimited use the earth is provided to the following land users:

a) to agricultural state and cooperative entities;

b) to the public and religious organizations (associations);

c) to charity and other foundations;

d) to industrial, transport and other nonagricultural state, cooperative public enterprises, organizations, organizations;

e) for needs of defense;

e) to joint businesses, international associations and the organizations with participation of foreign legal entities.

g) to citizens the additional parcel of land for the organization of personal subsidiary farm.

The lifelong inherited use

In the lifelong inherited use the earth is provided to physical persons or groups of citizens for the organization of Dehkan (farmer) economy and traditional national crafts, and also to citizens as the home parcel of land.

Urgent use of the earth

To urgent use the parcels of land can be transferred physical and legal to persons to certain term.

Urgent uses of the earth can be short-term - up to three years and long-term - from three to ten years.

Lease of land

Primary land users can lease the parcels of land under the agreement.

The land lease agreement is signed without change of purpose of the parcel of land.

The parcels of land are leased for up to 20 years.

1.9. The earth of unlimited and long-term use are considered separately. The earth of long-term use it is considered on categories of purpose of lands from which they are presented (state forest resource, goszemzapas, etc.).

2. State accounting of number of lands

2.1. GENERAL PROVISIONS

2.1.1. All lands located in administrative borders of the area are subject to the state accounting of number of lands (referred to as further "accounting of lands").

2.1.2. Accounting of lands is carried out on actual state and their use according to the accepted classification of land grounds.

2.1.3. Account of lands is kept on the basis of high-quality planovokartografichesky materials. Depending on intensity of use and productivity of lands, the average size of contour and other features of the considered territory it is used photoplans or materials of separate land surveys on basis in scale 1:2000; 1:5000; 1:10000; 1:25000 and 1:50000.

2.1.4. For carrying out accounting of lands batches (groups) with calculation of its completion in borders of the administrative area in the established normative terms are created. Work on accounting of lands consists of the following stages:

a) preparatory work;

b) adjustment according to plan - cartographic materials;

c) organization and liquidation of works;

d) drawing of the plan of land use, with registration;

e) calculation of the areas of contours of land grounds and creation of explications;

e) registration of results of quantitative accounting of lands;

e) survey of materials;

g) presentation and approval of materials of representatives of concerned parties.

2.2. PREPARATORY WORK

2.2.1. Preparatory work consists in collection and studying of the materials and documents containing data on lands of the considered territory (land use). Treat them: materials of the previous accounting of lands, cartographic materials aero photographic, surveys, documents of intereconomic land management, materials of reorganization of agricultural enterprises, fixing of lands and introduction of changes in them, documents on delivery of lands of new irrigation (after carrying out the previous accounting of lands), projects of new meliorative construction, reorganization of irrigational network, irrigation of lands the portable irrigational equipment, documents on write-off of the grounds which were disposed from agricultural turnover, on withdrawal of lands for the agricultural and nonagricultural purposes, materials about flood of pastures, materials of soil inspections, laying of long-term plantings and afforestations on lands of long-term use on the state forest fund, materials about the broken lands and recultivation of lands и.т.д.

2.2.2. As a result of studying of materials and documents the following data shall be received:

- about the number of land users in the administrative territory of the area;

- about location of the lands of new irrigation which are handed over to land users under the act of state commission;

- about location of the lands which are handed over under laying of the irrigated long-term plantings;

- about the organization of subsidiary and Dehkan farms;

- about allocation of the home parcels of land и.т.п;

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