Office of Plenipotentiary Representative of the President in Issyk-Kul region has developed a procedure for leasing the park and beach area of Issyk-Kul lake for the purpose of organizing public beaches. The corresponding draft resolution of the Cabinet of Ministers of Kyrgyzstan was submitted for public discussion.
As the background statement says, the project was developed in order to resolve issues regarding the allocation and provision of land plots for the organization of public beaches between government agencies, local governments, local communities and tourism entities.
The representative office believes that the adoption of a procedure for providing state-owned land and having the status of lands of specially protected natural areas for the purpose of organizing beaches will allow solving the following problems:
- Bring into compliance with the legislation the issues of allocation and provision of sites for the organization of beaches from the lands of specially protected natural areas;
- Establish uniform rules for the provision of land plots for use or lease for the organization of beaches for state and municipal land users, as well as legal entities and individuals;
- Create clear and transparent rules for obtaining land for organizing beaches for entrepreneurs working in the tourism sector.
The entire Issyk-Kul region is part of the biosphere territory, where legislative norms regarding specially protected natural areas apply.
In accordance with the provisions of the Land Code, the laws «On Specially Protected Natural Territories», «On the Sustainable Development of the Ecological and Economic System Issyk-Kul», the conditions and procedure for the provision of land plots from specially protected natural areas are determined by the Cabinet of Ministers.
To date, no procedure has been established for the allocation of land plots from specially protected areas, including the beaches of Issyk-Kul region, as part of the biosphere territory, for use or lease.
The office of the Plenipotentiary Representative notes that the current regulations on the procedure for providing state-owned land plots, approved by government decree of October 9, 2019, do not regulate the transfer of state-owned lands for use or lease in specially protected natural areas.
«At the same time, the allocation and exploitation of land plots for the purpose of organizing beaches is currently underway in Issyk-Kul region. As a rule, this activity is carried out at the level of relationships between local government bodies and tourism entities on the basis of contractual relations, which grossly violates the current legislation,» the background statement says.
In fact, all agreements between tourism entities and government officials in Issyk-Kul region are concluded outside the legal framework.
As of 2023, in total, over 130 agreements for the use of beach areas have been signed in Issyk-Kul region between the private sector and local government bodies. Of these, in Balykchy — 1, Ak-Suu district — 2, Jeti-Oguz — 20, Ton — 16, Tyup — 8, Issyk-Kul — 92 agreements. To date, this practice of providing beach areas to the private sector by local government bodies continues.
«It is important to note that there are facts of provision by local government bodies of park and beach areas to private individuals for a period of 49 years. In this regard, it became necessary to formulate a regulatory framework for organizing beaches on lands that have the status of specially protected natural areas,» the office added.
The lack of normatively established rules for the allocation and use of land plots for the organization of beaches has led to the fact that the territory of a significant number of beaches does not meet sanitary and environmental requirements, as well as the requirements for the safety of vacationers and the rules of development in the park and beach area. Conflict situations arise between vacationers, local residents and tourism subjects regarding the rules of access to beaches.
«The need to resolve these problematic issues was reflected in the Decree of the President of the Kyrgyz Republic dated May 13, 2022 No. 150 «On ensuring the right of residents of settlements in Issyk-Kul region to access beach areas,» the background statement says.
The presented draft order includes the following key norms:
- A legal definition was given to the concept of «public beach» as part of lands for health and recreational purposes;
- A procedure has been established for the allocation of land plots for the purpose of organizing beaches from specially protected natural areas;
- A procedure has been established for the transfer and use of land plots of specially protected natural areas by state and municipal land users for the purpose of organizing municipal public beaches;
- A procedure for conducting tenders for the right to obtain land plots in the form of a competition, as well as direct provision, has been determined;
- Requirements have been established for the organization, operation and maintenance of beaches, which include: sanitary and epidemiological requirements for beaches, rules for ensuring the safety of vacationers on the beach, development of a plan (project) for the improvement of the park and beach area.
In addition, the decree of the Government of the Kyrgyz Republic «On delegating the powers of the government to the state administration of Issyk-Kul region to provide land plots located in the resort and recreational zone» dated July 6, 2004 is declared invalid in order to bring it into line with Article 4 of the Land Code, in which the right of state ownership of land is exercised by the government (Cabinet of Ministers) — throughout the territory of the republic and local state administrations within the competence established by the Code.
