LAW OF THE KYRGHYZ REPUBLIC ON PASTURES
Chapter 1
General Provisions
Article 1
Legislation of the KyrghyzRepublic on Pastures
The relations in the sphere of the rights to use pastures on the territory of the Kyrghyz Republic shall be regulated by this Law, the Forest, Water and Land Codes of the Kyrghyz Republic, laws on lease and lease relations, protection of the nature, flora and fauna, atmospheric air and other legislation of the Kyrghyz Republic.
Article 2
The Concept of Pastures
Pastures shall be farming land covered with vegetation, used by animals as pasture. Pastures shall be divided into natural and cultivated.
The areas of cultivated pastures adjacent to the ploughed land shall be considered as ploughed land.
The areas of cultivated pastures adjacent to the ploughed land shall be considered as ploughed land.
By seasonal use pastures shall be divided into summer, spring/autumn and winter.
By remoteness from the inhibited area pastures shall be divided into:
-remote pastures (cattle is taken depending on the local conditions for a certain period, often for a season);
-pastures in the zone of intensive utilisation which are located (depending on the local conditions) within 20-25 km from the place of where cattle is normally kept;
-pastures near the inhibited areas, used to graze the cattle belonging to villagers.
Pastures which have wells capable to supply water of proper quality shall be considered as water self-sufficient.
Article 3
The Subjects and Objects in the Utilisation of Pastures
Pastures shall be an exclusive property of the government and shall be transferred to economic entities only on lease in the order of land-tenure.
The lease of pastures regardless of their sizes shall be done for:
-remote pastures – by the Ministry of Agriculture and Water Resources of the Kyrghyz Republic, the Republican pasture building amalgamations of the Kyrghyz Agrarian Academy in cooperation with the State Agency on Land-Tenure and Land Resources under the Government of the Kyrghyz Republic and the local state administration;
-pastures in the zone of intensive use including pastures inside ploughed lands by the local state administrations. Pastures inside ploughed lands may be given to the land-owner and should the land-owner refuse to take them the pastures shall be separated from the ploughed land and shall be leased to other land-owners;
-pastures near the inhibited areas by the village authorities.
For the purpose of safe-guarding of state interests pastures shall be leased to foreign juridical persons on the basis of international and inter-governmental agreements. The lease of pastures to joint Kyrghyz-foreign and separate foreign ventures, firms shallbe done by the Government of the KyrghyzRepublic.
The lease of pastures to foreign citizens and persons without citizenship shall not be possible.
Article 5
Lease Agreement
The right to use leased pastures shall be confirmed by the lease agreement concluded between the economic entity and the state body which is competent to dispose of pastures within its authority. The lease agreement shall be registered in the land registrar by the rayon land-tenure service.
The lease agreement which was not registered in the registrar shall be considered invalid.
The landlord shall have the right to:
-lease pastures within its authority having set up standards of cattle density per unit of the pasture area;
-construct at the request of the lessee and on his own initiative housing, industrial, melioration, water sites;
-recommend modern methods of pasture utilisation and protection to lessees;
- monitor the implementation of the set of measures on the protection of pastures envisaged by this Law.
The landlord shall:
-create conditions for independent activities of lessees;
-maintain the melioration and water, constructions sites, buildings which were not leased in ht working condition;
-meet all obligations envisaged by the lease agreement;
The lessee shall have the right:
-use the leased pastures in accordance with the agreement;
-with the permission of the landlord and bodies of local government use for his purposes general minerals which are located on the pasture: peat, non-ore construction materials, fresh subsoil waters;
-use water sites;
-construct housing, industrial storage. cultural and other buildings in coordination with the state administration of the rayon;
-at the expense of the landlord carry out irrigation, technical and other melioration work, build ponds and other reservoirs;
-participate in taking any decisions concerning the work on the leased pasture.
The lessee shall:
-prevent deterioration of the environmental situation in the result of his activities;
-carry out a set of measures on protection of pastures;
-not infringe upon the interests of other land-users and lessees;
-observe the established by the laws of the Kyrghyz Republic order on the use of pastures with a special legal regime;
-in due time submit information on the condition and use of the pastures to the bodies of land-tenure;
-not hinder officials from carrying out the state control over the use of pastures.
Article 6.
Terms of Lease
Pastures shall be leased for a short term (up to 5 years) and for a long term (up to 50 years).
Article 7.
The Rent and Date of Payment
The lessee shall pay the rent on dates envisaged by the lease agreement.
The amount of the rent shall be established on the basis of the land tax with adjustment to the remoteness of the leased pastures, organised melioration measures, irrigation, substantial improvement of the land, steepness of slopes, yield.
Should the lessee master a project on irrigation, improvement as well as techical measures, he shall be exempt from the lease payment for the period of the construction, full mastering of pastures and repayment of all expenditures to the lessee.
Should the pastures be transferred into another type of lands (by converting it into ploughed lands, land for perennial plantations or hayfield) the lease payment shall be taken as from the type of lands the pasture was transferred to.
Article 8.
The Order and Periods for Reviewing Applications on Leasing Pastures
Applications to lease pastures shall be submitted by economic entities and natural persons with the information on the area and location of the pastures:
-forthe remote grazing to the Ministry of Agriculture and Water Resources of the Kyrghyz Republic, the Republican pasture construction amalgamation of the Kyrghyz Agrarian Academy and its local bodies;
-for pastures in the zone of intensive use to the local state administration and bodies of local pasture services;
The Ministry of Agriculture and Water Resources of the Kyrghyz Republic, the Republican Pasture and Melioration Construction Amalgamation of the Kyrghyz Academy of Agricultural Sciences and its local bodies, local state administrations upon receiving applications shall review them, take decisions and if possible, conclude a lease agreement and lease pastures and within a month the agreement shall be given to the parties.
The procedure of reviewing applications, coordination, conclusion of lease agreements shall be established by the Government of the KyrghyzRepublic. Should there be two applicants for the same plot of pastures there shall be organised a competition and the rent shall be the criteria.
Chapter 2. The Utilisation of Pastures
Article 9.
The Utilisation of Pastures
The lessee shall utilise pastures at his discretion. There shall be no interference of state bodies in the activities of the lessees on the utilisation of pastures.
Should leased pastures be regularly misused, their owners shall be liable under Article 14 of this Law.
Article 10
the Sites Belonging to the Landowner Which are not Subject to Lease
Within the boundaries of leased pastures there may be cattle tracks, roads, electric lines, canals, constructions and other melioration and veterinary sites which are necessary for rear cattle and shall not be subject to lease.
The landowner shall ensure an normal work of the sites mentioned in thefirst part of this Article and should they be out of order the landowner shall be liable under Article 14 of the Law.
Article 11 The Transactions with the Right to Lease Pastures
All transactions except the pledge and sublease shall be prohibited.
The pledge of leased pastures and their sublease shall be allowed only at the written consent of the landlord.
The pledge and sublease of leased pastures shall be valid only after its registration in the registrar of the rayon land-tenure service.
Article 12
reimbursement of All Types of Expenditure After Pastures are Taken Back
After the leased pastures have been taken back or given to another lessee all expenditures which were made including lost profit shall be reimbursed by the landlord within 15 days under the lease agreement. Should within 15 days all expenditures and lost profit not be reimbursed in full then the pastures which are taken back or given to another person shall be returned to the former lessee.
Article 13
When the Right to Lease Shall Cease to Be Valid
The right to lease a pasture shall cease to be valid when the term of lease ends, the lessee refuses from the lease as well as when pasture are taken for state and public interests.
Forced ceasure of the right to lease pastures shall be prohibited except as otherwise is envisaged by the laws of the Kyrghyz Republic.
The claims of the lessee on the ceasure of the right to lease pastures shall be settled in court.
Chapter 3
The Settlement of Disputes and Liability for Violation of This Law
Article 14
The Settlement of Disputes on the Utilisation of Pastures
The disputes concerning the lease agreement, requisition of pastures shall be settled by the local governmental bodies, the Ministry of Agriculture and Water Resources of the Kyrghyz Republic, the Republican Pasture and Melioration and Construction Amalgamation of the Kyrghyz Agrarian Academy or by court or Arbitrage Court.
Article 15
Liability for Violation of This Law
1. For the disruption of water supply for watering of cattle the landlord shall pay the fine of 2% for 24 hours, 5% for 48 hours, 15% for 3-6 hours of the market value of the products produced by cattle which use this watering place. Should water not be supplied for more than 6 days the landlord shall compensate the full cost of the animal products and lost profit forthe season at the market prices.
2. The damage to leased pastures by cattle belonging to other juridical and natural persons shall be subject to fine of 7 % of the minimum salary for each head of cattle. In order to establish the fact of the damage a statement of the lessee naming the person responsible for this with confirmation of one or several witnesses to the body of land-tenure shall be sufficient. the statement of the lessee shall be registered by the body of land-tenure as a fact of the damage to the pasture and the person responsible for this shall be fined.
3. The construction of sites which effects the condition of the pasture and causing damage to the neighbouring land-users shall be subject to fine from 50-70 minimum salaries with compensation of the damage.
4. In case of illegal occupation of untimely return of pasture, failure to meet the terms of the agreement to improve pastures natural and juridical persons shall be subject to fines for one agricultural year - up to 20 and for two agricultural years - up to 100 minimum salaries.
5. In case of failure to meet the requirements on the protection of soils from errosion and other negative processes which effect the quality of pastures, utilisation of pastures by methods which cause degradation and deterioration of the environmental situation on the leased pastures and lands of neighnbouring land-users depending on the degree of violation, natural and juridical persons shall be subject to fines form 3 to 10 minimum salaries and managers of juridical persons - from 10 to 20 minimum salaries.
6. Should the lessee not pay the rent for one year he shall be subject to fine for the amount of twice the rent and for two years - five times the rent and the lease agreement shall be canceled.
7. In case of removal of boundary-strips on pastures natural persons shall be subject to fine up to 1 minimum salary, official - from 1 to 3 minimum salaries. juridical persons - from 2 to 10 minimum salaries.
8. In case of distortion of the information on utilisation of pastures natural persons shall be subject to fine from 1 to 5 minimum salaries, officials and juridical persons - from 5 to 20 minimum salaries.
9. Should the terms for the review of applications of natural and juridical persons for the lease of pastures not be met or the information on availability of unitilised pastures be concealed or there be hindrance for concluding a lease agreement for the period of over one month, the head of the body responsible for leasing pastures shall be subject to fine from 5-1- minimum salaries.
10. In case of untimely carrying out of or non-compliance with instructions given by officials of the land-tenure bodies, natural persons shall be subject to fine from 10-12 minimum salaries and the lease agreement shall be canceled.
11. In case of refusal to register the agreement for a period of up to one month, natural persons shall be subject to fine from 10-20 minimum salaries, officials from 20 to 40 minimum salaries. juridical persons - from 30 to 50 minimum salaries and the lease agreement shall be canceled.
The fine on natural , juridical, administrative persons, officials mentioned in points 1 and 11 of this Article shall be levied by land-tenure bodies, inspection on the control over the utilisation of pastures in the administrative order.
The proceeds from fines shall be distributed as follows:
Points of Article 1to the localto land-tenureto the land-to the pasture
budget servicesownerinspection
12345
155855
2
one-time 25154020
repeated systematic10205515
325155010
4,56525-10
6,8,10,115050--
72575--
9100---
Article 16
The Enactment of this Law
The proceed from the rent transferred to the Ministry of Agriculture and Water Resources of the Kyrghyz Republic and the Republican Pasture and Melioration amalgamation of the Kyrghyz Agrarian Academy for the utilisation of remote pastures shall be used in full by the Ministry of Agriculture and Water Resources of the Kyrghyz Republic for their improvement and 50% of the proceeds transferred to the local state administrations and irrigation of pastures and the balance - 50% shall be transferred to the national budget.
Article 17
Enactment of this Law
1. This Law shall enter into force form the moment of signing.
2. To the Government of the Kyrghyz Republic:
-to bring its activities in accordance with this Law;
-to make necessary normative acts which are by this Law relegated to the authorities of the Government of the Kyghyz Republic.
Government Decree On the Draft Law of the Kyrghyz Republic "On Pastures"
The Government of the Kyrghyz Republic has decreed:
1. To approve the draft law of the Kyrghyz Republic "On Pastures".
2. To submit the above mentioned draft law to the Jogorku Kenesh of the Kyrghyz Republic.
Prime -Minister A. Djumagulov
The draft law has been signed by:
K. Nanayev
M. Djangaracheva
B. Talgarbekov
A. Bakayev
A. Iordan
T. Koichumanov
O. Kutuev
A. Muraliev
R. Otunbayeva
A. Sarygulov
With co-ordination of:
Ministry of Agricultural Water Resources K. Abdimomunov
Ministry of Justice M. Kasymaliev
Ministry of Finance R. Khasanov
Goszemagency A. Kasmaliev
The Office of the Prime-Minister:
Abdykalykov
Redin
Shabolotov
Bayakeev
Tabaldiev
Bondarev