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Kyrgyzstan (2015)

The principal document regulating the KR residents’ rights for lan dis the Constitution enacted by the KR Law dated 27 June 2010. According to the KR Constitutional lan dis under state, municipal, private and other forms of ownership. 


As such Article 12 of the KR Constitution specifies the following:


KR recognizes the variety of forms of ownership and their equal protection is guaranteed.

2. Ownership is inviolable. None can be arbitrarily deprived of property. Expropriation of

property against the will of the owner is possible only through a court decision.

3. Land, sub-soil resources, air space, waters and forests are an exclusive property of the Kyrgyz Republic; those are used for protection of the unfied environmental system being a basis of life and livelihood of KR people and protected by the government.

4. The extent and procedures used by owners to exercise their rights and ensure protection of those regulated by /Law.

The extracts of some articles from the Land Law of the KR, which are more suitable to the land use issue and land purchase, are given below:

Article 4. 


The ownership of land

1. In accordance with the Constitution of the Kyrgyz Republic, land may be the state, communal, private or other forms of ownership.

2. State - owned land shall include lands allocated to state land users, lands of forest, water funds, lands of especially protected territories, lands of reserve stock, lands of frontier area, lands of the agricultural re-allocation fund, pastures of rural settlements, pastures in the zone of intensive use, as well as distant pastures, and other land not transferred in private or communal ownership.


State ownership shall include lands of state pedigree cattle breeding, seed- growing, experimental farms, testing stations and areas, bases of education and scientific research institutions of agricultural profile formed on lands of the agricultural re-allocation fund, except lands allocated to citizens residing or working in the said farms as land shares.

The right of the State to land shall be exercised by the Government of the Kyrgyz Republic throughout the entire territory of the Republic within jurisdiction established by this Code.


3. Lands within the borders of rural councils, as well as within the borders of cities shall be communal ownership, except lands in private and state ownership.

Management and disposal of lands in communal ownership shall be exercised:

- within the borders of rural councils - by the executive body of aiyl or village council;

- within the borders of cities - by local state administrations and bodies of local self- government;

Management and disposal of lands within the borders of rural councils and cities being in state ownership shall be exercised by the bodies of local government in cases provided by this Code.

Pastures cannot be transferred in private ownership or leased out.


Article 7. Term of Utilization of a Land Plot by Land Users

1. The use of a land plot may be termless (without indication of term) or fixed- term (temporary).

2. The fixed-term (temporary) use of the land plot including the use right on the conditions of the lease agreement shall be recognized the use of land limited in term up to 50 years. After expiration of this period, the period of use of the land plot may be prolonged subject to the agreement of parties.

3. Land plots shall be provided to foreign individuals for fixed-term (temporary) use only.

4. Agricultural land of reallocation fund shall be leased out as a rule for the period of not

less than 5 years.


Article 35. Transfer of a Land Plot. Payment for Transfer of a Land Plot (extract)

1. An owner of a land plot or a land user may transfer the rights he holds to a land plot fully or partially to other individual or legal entity without any permission of state agencies unless otherwise provided by this Code, other legislative acts of the Kyrgyz Republic, conditions of allocation of a land plot.

2. Upon transfer of a right to land plot by the owner or land user to other individual or legal entity the amount of payment for land plot shall be determined by the agreement of parties.


Article 53. Creation of an Easement

1. An easement may be created by the agreement of the parties (voluntary easement) or in case of necessity, by the decision of the authorized agency (coercive easement).

2. Encumbrance of land with an easement shall not deprive the land owner/user of the right to use and dispose of its right to land plot.


Article 56. Purposes of Creation of a Coercive Easement

1. In cases provided by this Code and other legislation, an authorized agency may establish coercive easement upon demand of an interested party.

2. A coercive easement shall be established to secure:

1) access to a land plot if another access is impossible, extremely difficult, or requires incommensurate expenses;

2) laying and operation of electric transmission lines, communications, water supply, heat supply, reclamation, and other needs that may not be secured without establishment of a coercive easement.


Article 57. Indemnification of Damages Related to Establishment of a Coercive Easement. Fee for a Coercive Easement (extract)

1. Damages inflicted upon a land owner/user by establishment of a coercive easement shall be subject to indemnification by the person in whose advantage easement is established.


Article 62. Termination of the Right to Land Plot

The rights to land shall terminate in the event of:

  1. Alienation of the right to land plot to another person;

  2. Foreclosure of the land plot being in ownership or in use at claims of creditors in accordance with legislation;

  3. Death of a land owner/user, provided that the owner/user have no heirs;

  4. Voluntary waiver of the rights to land plot by the land owner/user;

  5. Expiration of the term of the land use;

  6. Termination of labor relations or of the relations equated to them which have conditioned the allocation of the official land plot for use;

  7. Impossibility of further use of the land plot caused by a natural disaster;

  8. Withdrawal of the land plot on the grounds and in the procedure provided in Chapter Eleven of this Code;

  9. Liquidation of a state or a communal land user, of a public association, of a social fund, or of a religious organization;

  10. Withdrawal of citizenship of the Kyrgyz Republic by the owner of the agricultural land plot or land plot, except in case of mortgage housing construction.

  11. Termination of a concession agreement, a mining concession agreement, a production sharing agreement, and during termination of a right to use sub-soil resources;

  12. Termination of an agreement concluded under public-private partnership.


Article 66. Grounds for Withdrawal of the Land Plot (extract)

Withdrawal of the land plot shall be allowed in the event of:

1) utilization of a land plot in violation of its targeted use;

2) withdrawal (redemption) of the land plot for state and public needs in accordance with

provisions of this Chapter;

3) failure to use a land plot or part of the land plot allocated for agricultural production within three years;

4) failure to use a land plot allocated for non-agricultural production in accordance with the town-planning legislation;

5) failure to pay land tax within the period established by tax legislation


Article 68. Withdrawal (Redemption) of the Land Plot for State and Public Needs

Upon calculation of the redemption price of the land plot, it shall include the market value of the right to land and of the buildings and structures located on the land, and the damages inflicted to the land owner/user by termination of the right to land plot, including the damages connected with early termination of his obligations to third parties.

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