The Government decrees to validate the Regulation. Special land fund is set up at the expense of agricultural land that is either not used according to its predestination or is used in violation of the legislation currently in force, and of abandoned land. The plots of land that can't be used for growing agricultural produce in conformity with sanitary requirements must not be included into special land fund.
New land shall be distributed for personal use so that the total amount of land for personal use and irrigated additional land ads up to seventeen percent of the total of arable land. Before allocation of land, the local entities mentioned in article 2 shall monitor and register the existing irrigated lands and other data needed for allocation. Priority shall be given to small plots, and land that has not been cultivated for a long time and has a low productivity.
This Resolution concerns a land use right certificate and land use passport. This document shall be issued and registered by the Land Management and Resources Committee. The Committee, the Ministry of Agriculture and the State Property Committee shall start the restructuring of agricultural entities into "dehkan"(private) farms following the establishment of the Association of Dehkan farms and in accordance with this Resolution. The Schedule contains a form of a land use certificate and sets out, on the cover of the certificate, duties and rights of land users.
This Regulation concerns the reorganization of (collective) enterprises and transformation of those enterprises in structures that are more apt to raise the motivation of persons involved in enterprises, and regulates various matters relating to reorganization, such as "dehkan" farms. The form of enterprises shall be decided by the members of collective enterprises subject to directives from the State Commission for the reorganization of agricultural enterprises. "Interfarming and innerfarming" objects may be transferred to the proper ministries and departments.
The Government of Tajikistan issues the present Decree with a view to create the necessary conditions for the development of new organizational forms of farming and to increase of the effectiveness of the agricultural production. It allows the establishment of associations of tenants, cooperatives, dehkan farms, and other organizational forms of farming. Profitable sovhozes shall be transformed on kolhozes.
The present Regulation is made in conformity with articles 127 to 131 of the Land Code and makes provision for the compensation of economic loss resulting from (temporary) withdrawal of lands from cultivation or production of timber or other restrictions on land use rights, or damage to the quality of land caused by the State for the public interest or by private entities. It established the priority of compensation, defines means of evaluating damage, and gives directions regarding the use of funds obtained from compensation.
The present Regulation lays down basic rules for the creation and operation of "dehkan" (private) farms, especially with regard to the allocation and use of land. Citizens have the right to leave collective farms and to start private farms. The size of the farm shall be decided by the Executive Committee of the Regional Soviet in each single case.
The present Law regulates relations between the State and its authorized bodies and legal and natural persons in the process of privatisation of state property. Article 4 defines the basic principles of privatisation. The Government of the Republic of Tajikistan, within the limits of its competence, shall: manage the process of privatisation of state property in the Republic of Tajikistan; approve programs for the privatisation of state property; establish the order and methods of valuation for objects, subject to privatisation make other decisions on privatisation issues.
The right of ownership in the Republic of Tajikistan is recognised and protected by law. Enforcement of the right of ownership must not harm the environment and the health of citizens nor must it breach the rights and lawful interests of citizens, enterprises, organizations and the State. Objects falling under the right of ownership include the ground and its resources, water, flora, fauna, tracts of mountains, equipment, raw materials, food products, profits on economic and other intellectual and creative activities of the owner (art. 4).
This Law makes provision for the payment of the use of land in the form of land tax and lease fees. The rates of land tax are established in article 2. Land tax shall be established on cadastrial documentation and be imposed on land users who are manufacturing agricultural products. Payment shall also be made for land not used for agriculture. Categories of users specified in article 9 are exempted fromthe payment of land tax. They include "dehkan", private farms during three years or one year depending upon the type of land.
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