Resource information
The Land Code makes provision for the regulation of "land relations" and its purpose is to secure rational use and protection of land, the protection of the environment, and "the equal development of all forms of economic activity in Tajikistan" (Preamble). Other laws regulating land relations may be enacted on the basis of this Code.Land is declared to be in exclusive ownership if the State in article 2. National land resources are divided into categories listed in article 3 and including farming lands, lands of national wood reserves, lands of national water reserves, and state land reserves. These categories are stated in the land cadastre, the land use register, in land allocation decisions of executive bodies, and in title deeds. Articles 5 to 8 define lands that fall under the jurisdiction of various national or local authorities: Government of Tajikistan (5); Chief Land Department of the State Land Inspection (6); executive bodies (Hukumats) of regions, cities and districts (7); "Jamoats" within the boundaries of rural settlements (8). Subsequent articles define basic notions such as land users (10), land tenure (12), land lease (14), and provide for land registration. Chapter 2 (articles 19 to 21) defines rights and liabilities of land users. Land assignment procedures are outlined in Chapter 3 (arts. 22 to 31). Article 23 concerns assignment of land for agricultural purposes. Chapters 4 to 7 contain provisions relative to payment of rent and fees, termination of tenure relationships, reimbursement of land users and indemnification of agricultural losses, and the settlement of land disputes. Chapters 8 and 9 concern the protection of land by providing rules for (the supervision of) the rational use of land. Chapter 10 provides for the State land cadastre and other land management instruments to control and monitor land use. Chapter 11 is entirely dedicated to farming lands, being all lands used for agriculture. Farming lands are assigned in accordance with article 65, and as far as "dehkans" (private farms) are concerned articles 66 to 69. Chapters 12 to 17 concern the use of land for other purposes, including use for protected areas (14), forest reserves (15), water resources conservation (16), and for the "national reserve" being land held in reserve (17). The last two Chapters deal with infringement of land legislation and the application of international agreements. (105 articles)
Repealed by: Land Code No. of 1996. (2008-01-05)
