RESOLUTION PLENUM OF THE SUPREME COURT OF THE KYRGYZ REPUBLIC

of February 27, 2009 No. 9

About some questions arising by hearing of cases about contest of decisions, actions (failure to act) of the state bodies and local government bodies connected with provision and seizure of land

Plenum of the Supreme Court of the Kyrgyz Republic, having heard information on results of generalization of cases on contest of decisions, actions (failure to act) of the state bodies and local government bodies connected with provision and seizure of land for the purpose of ensuring the correct and uniform application by courts of the regulations of the legislation regulating these legal relationship, being guided by article 15 of the Law of the Kyrgyz Republic "About the Supreme Court of the Kyrgyz Republic and local courts", decides:

1. Explain to courts that by hearing of cases about contest of decisions, actions (failure to act) of the state bodies and local government bodies connected with provision and seizure of land it is necessary to give assessment to the disputed decision, action (failure to act) of state body and local government body on compliance to the legislation.

2. Decisions of state bodies and local government bodies are understood as substandard acts of authorized bodies of provision or seizure of land.

Decisions of state bodies and local government bodies on provision or seizure of land are considered by court according to Articles 23 and 26 of the Code of civil procedure of the Kyrgyz Republic and can be acknowledged invalid owing to Article 12 of the Civil code of the Kyrgyz Republic as inappropriate to the legislation and the violating civil laws and interests of the citizen or legal entity protected by the law.

Action (failure to act) of the state bodies and local government bodies connected with provision and seizure of land is understood as making (refusal in making) any actions by authorized body which are considered by court according to Articles 23 and 26 of the Code of civil procedure of the Kyrgyz Republic.

3. According to Article 26 of the Code of civil procedure of the Kyrgyz Republic of case on contest of decisions, actions (failure to act) of the state bodies and local government bodies connected with provision and seizure of land are jurisdictional to interdistrict court.

4. The right to the parcel of land in the Kyrgyz Republic according to the Constitution of the Kyrgyz Republic, the Civil code of the Kyrgyz Republic, the Land code of the Kyrgyz Republic and other regulatory legal acts governing land relations is performed in two forms: on the property right and on right to use.

5. According to the Constitution of the Kyrgyz Republic the earth is in state, municipal, private and other patterns of ownership (joint, equity property).

In state-owned property there are lands provided to the state land users, the earth of forest, water funds, the earth of especially protected natural territories, the earth of inventory, the earth of border area, the earth of Fund of redistribution of agricultural holdings, pastures and other lands which are not transferred to the private and municipal property. Are in state-owned property also the earth of the state breeding, seed-growing, experimental farms, experimental stations and polygons, strong points of the educational institutions and research institutions of agricultural profile formed on lands of Fund of redistribution of agricultural holdings, except for lands, provided to the citizens living and working in the specified farms as land shares.

The right of state-owned property to the earth perform the Government of the Kyrgyz Republic - in all territory of the republic and local public administrations within the competence established by the Land code of the Kyrgyz Republic.

Lands in borders of ailny, settlement keneshes, and also in borders of the cities are municipal property, except for the lands which are in private and state-owned property.

Management and the order of the lands which are in municipal property perform:

- in borders of ailny and settlement keneshes - rural (settlement) justice;

- in borders of the cities of regional value - city administration;

- in borders of the cities of district value - town council;

- in borders of the city of Bishkek - city administration Bishkek;

- in borders of the city of Osh - city administration Osh.

6. Use of the parcel of land can be termless (without specifying of term) or urgent (temporary).

The parcels of land are provided in termless (without specifying of term) use to the state and municipal land users to whom property is assigned on the right of economic maintaining or operational management.

It is necessary to consider that according to Article 29 of the Land code of the Kyrgyz Republic the authorized state body provides the parcel of land in property or in use by sale at the biddings, except as specified, provided by the Land code of the Kyrgyz Republic.

At the same time the starting cost of the parcel of land put up for sale is cost assessment (standard price) of the earth determined according to the order of the Government of the Kyrgyz Republic "About approval of the Procedure for determination of cost assessment (standard price) of the earth of agricultural purpose of February 4, 2002 No. 47.

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