#Legal_news
A new procedure has been established for the seizure of land and compensation mesures according to regulation
The Government Resolution which approved the Regulation on the procedure for the seizure of land and the provision of compensation to owners of real estate located on a seized land.
✅ According to this:
👉 if it becomes necessary to withdraw the land, an open discussion will be held with the participation of the media, primarily between the khokimiyat (local authorities) or investors and owners;
👉 the khokimiyat (local authorities) or investor will make preliminary calculations, as well as study the availability of sufficient resources to provide compensation;
👉 Zhokargy Kenes of the Republic of Karakalpakstan,, Kengashes of deputies will consider the benefits and costs of land acquisition, if there are sufficient resources, and if the benefits and costs are exceeded, a decision will be made to withdraw the land. The khokimiyats (local authorities) are not capable to make decisions on the seizure of the land;
👉 real estate on the land plot to be withdrawn will be evaluated by an appraisal organization;
👉 the khokimiyat (local authorities) or the investor and the owners agree on the form, amount and term for the issue of compensation, and this agreement is notarized;
👉 the khokimiyat (local authorities) or investor will work to issue compensation to the owners.
Demolition of real estate without the provision of agreed compensation is not allowed.
✅ After providing the agreed compensation to the owners:
👉 Real estate is released by the owner;
👉 the draft resolution on the demolition of real estate is sent by khokimiyats to the justice authorities to issue an opinion;
👉 the justice authorities, having studied the provision of compensation, the actual release of housing and other circumstances, provide their opinion to khokimiyats;
👉 A decree on the demolition of real estate is accepted only if there is a positive opinion of the justice authorities.
The transfer of real estate located on the seized land to another person is allowed only if there is a written consent of the initiator after signing the Agreement, or in case of termination of the Agreement (in the manner prescribed by the Agreement, with the consent of the parties or in court).
The owner who acquired the real estate subject to demolition is the assignee of the rights and obligations of the previous owner arising from the Agreement concluded in accordance with this Regulation.
Control over the implementation of the requirements of the legislation upon the seizure of land, the demolition of real estate, the resettlement of citizens, as well as the provision of compensation is carried out by prosecution authorities.
This procedure shall enter into force on January 1, 2020.
We remind you that a draft law has been developed on strengthening administrative responsibility and establishing criminal liability for violation of the procedure for the seizure of land, as well as damage to real estate as a result of violation of this order.
Subscribe to the channel 👇👇👇
https://t.me/leginf
A new procedure has been established for the seizure of land and compensation mesures according to regulation
The Government Resolution which approved the Regulation on the procedure for the seizure of land and the provision of compensation to owners of real estate located on a seized land.
✅ According to this:
👉 if it becomes necessary to withdraw the land, an open discussion will be held with the participation of the media, primarily between the khokimiyat (local authorities) or investors and owners;
👉 the khokimiyat (local authorities) or investor will make preliminary calculations, as well as study the availability of sufficient resources to provide compensation;
👉 Zhokargy Kenes of the Republic of Karakalpakstan,, Kengashes of deputies will consider the benefits and costs of land acquisition, if there are sufficient resources, and if the benefits and costs are exceeded, a decision will be made to withdraw the land. The khokimiyats (local authorities) are not capable to make decisions on the seizure of the land;
👉 real estate on the land plot to be withdrawn will be evaluated by an appraisal organization;
👉 the khokimiyat (local authorities) or the investor and the owners agree on the form, amount and term for the issue of compensation, and this agreement is notarized;
👉 the khokimiyat (local authorities) or investor will work to issue compensation to the owners.
Demolition of real estate without the provision of agreed compensation is not allowed.
✅ After providing the agreed compensation to the owners:
👉 Real estate is released by the owner;
👉 the draft resolution on the demolition of real estate is sent by khokimiyats to the justice authorities to issue an opinion;
👉 the justice authorities, having studied the provision of compensation, the actual release of housing and other circumstances, provide their opinion to khokimiyats;
👉 A decree on the demolition of real estate is accepted only if there is a positive opinion of the justice authorities.
The transfer of real estate located on the seized land to another person is allowed only if there is a written consent of the initiator after signing the Agreement, or in case of termination of the Agreement (in the manner prescribed by the Agreement, with the consent of the parties or in court).
The owner who acquired the real estate subject to demolition is the assignee of the rights and obligations of the previous owner arising from the Agreement concluded in accordance with this Regulation.
Control over the implementation of the requirements of the legislation upon the seizure of land, the demolition of real estate, the resettlement of citizens, as well as the provision of compensation is carried out by prosecution authorities.
This procedure shall enter into force on January 1, 2020.
We remind you that a draft law has been developed on strengthening administrative responsibility and establishing criminal liability for violation of the procedure for the seizure of land, as well as damage to real estate as a result of violation of this order.
Subscribe to the channel 👇👇👇
https://t.me/leginf