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Law No. 1891 “On personal subsidiary smallholding”.

Country/Territory
Tajikistan
Document type
Legislation
Date
2022
Source
FAO, FAOLEX
Subject
Agricultural & rural development
Keyword
Agricultural development Smallholders/peasants Family farming Agricultural commodities Processing/handling Farming Agricultural land Urban and peri-urban agriculture Agricultural extension Crops/grasses Soil conservation/soil improvement
Geographical area
Asia, Central Asia, CIS (Commonwealth of Independent States), Europe and Central Asia, Landlocked Developing Nations, North Asia
Entry into force notes
This Law enters into force after its official publication.
Abstract

This Law regulates social relations concerning the organization, management, development and termination of the activities of personal subsidiary smallholdings. Personal subsidiary farming is an independent form of non-entrepreneurial activity of a citizen or with the involvement of family members and (or) other involved citizens for the production and processing of agricultural commodities carried out on land plots provided and (or) acquired for conducting personal subsidiary smallholding in order to satisfy personal needs. The sale by citizens of agricultural commodities produced and processed while running a personal subsidiary smallholding is not recognized as entrepreneurial activity. Land plots for running a personal subsidiary smallholding consist of a personal plot of land and (or) an additional plot of land for a personal subsidiary smallholding. A personal plot of land belongs to the category of land in a populated urban area and is allotted to a citizen after state registration of the right to lifelong inheritable ownership. An additional plot of land for a personal subsidiary smallholding belongs to the category of agricultural land and is provided to a citizen with the right to open-ended possession. State regulation and support for the management and development of personal subsidiary plots consists of a set of measures that ensure effective activities in personal subsidiary plots. State regulation of the management and development of personal subsidiary smallholdings is carried out by the following methods: (a) adoption of regulatory legal acts that regulate and promote the development of activities in personal subsidiary smallholdings; (b) implementation of measures for the development of personal subsidiary smallholdings; and (c) control over compliance with the requirements of the legislation of the Republic of Tajikistan regarding the conduct of activities in additional land plots of personal subsidiary smallholdings. State support for personal subsidiary plots is carried out in the following ways: (a) the formation of an infrastructure for servicing the production, processing and storage of agricultural products; (b) organization of technical, reclamation, veterinary-sanitary and information and consulting extension services; (c) prevention and elimination of consequences of emergency situations; and (d) other forms of support determined by the regulatory legal acts of the Republic of Tajikistan. Capable citizens of the Republic of Tajikistan who have been allotted agricultural land plots for smallholding and (or) the organization of additional personal subsidiary smallholding, and (or) who have acquired the right to use a land plot for these purposes, have the right to conduct personal subsidiary plots. When running personal subsidiary plots, citizens have the right: (a) to use the land plot and property relations in the manner established by the Land Code of the Republic of Tajikistan and the Civil Code of the Republic of Tajikistan; (b) freely and independently carry out economic activities on land plots; (c) cooperate with agricultural associations and agro-industrial clusters and voluntarily join them; (d) carry out the construction and reconstruction of greenhouses and refrigeration chambers, other service structures, production facilities in the manner prescribed by regulatory legal acts; (e) demand and receive, in the manner established by the legislation of the Republic of Tajikistan, compensation for expenses associated with the seizure of a plot of land for state or public needs; (f) in accordance with the established procedure, use sources of water resources and electricity to conduct personal subsidiary smallholding; and (g) enjoy other rights provided for by the legislation of the Republic of Tajikistan. When running personal subsidiary plots, citizens are obliged to: (a) ensure the targeted and reasonable use of land plots, including sowing crops, carrying out restoration and improvement work; (b) make timely tax payments for the use of land plots of personal subsidiary plots and payments for water delivery services, for electricity, as well as other established payments; (c) comply with sanitary, hygienic and veterinary rules, agrotechnical and reclamation requirements and technology for growing agricultural crops; (d) take measures to preserve and increase soil fertility; (e) ensure the protection and reasonable use of water and land resources; (f) ensure the slaughter of farm animals in compliance with certain hygienic, sanitary and veterinary procedures in places specially designated for these purposes; (g) provide local government bodies of towns and villages with relevant information on running personal subsidiary plots in the manner and within the time limits provided for by the legislation of the Republic of Tajikistan; (h) prevent the construction of buildings, structures and planting of perennial plantings on additional land plots of personal subsidiary smallholding; and (i) ensure the fulfillment of other duties established by the legislation of the Republic of Tajikistan. When running personal subsidiary plots, citizens independently determine the direction, nature and types of activities, composition and volume of production. Accounting for personal subsidiary plots is carried out in the household accounting book by the self-government bodies of rural settlements and villages. This Law contains 6 Chapters divided into 21 Articles. Chapter 1 lays down general provisions. Chapter 2 regards state regulation of conducting and development of personal subsidiary smallholding. Chapter 3 establishes rights and duties of citizens in the process of management of subsidiary smallholding. Chapter 4 regards the conduct of personal subsidiary smallholding. Chapter 5 regards property relations in subsidiary smallholding. Chapter 6 lays down final provisions.

Full text
Russian
Website
www.portali-huquqi.tj

References - Legislation

Repeals

Law No. 47 on personal subsidiary small-holding.

Legislation | Tajikistan | 2003

Keyword: Agricultural commodities, Farming, Registration, Agricultural development

Source: FAO, FAOLEX