FAO is supporting the revision of a draft Land Code in Moldova. A preliminary analysis of issues has identified the need to clarify the legal regime for water bodies to inform provisions of the draft Land Code.

Articles 72 and 73 of the Land Code in force are dedicated to lands intended for the water fund, determining the structure and sub-categories, while the use of such lands is regulated in other laws. At the moment, there is an unclear legal regime in case of lakes: i.e. land belongs to LPA and is considered as agricultural, the water belongs to state, and dykes have been privatized.

Protection zones are often not respected or have been partially privatized. Disputes are generated as a result of the unclear legal regime and the inadequate regulation of use.

Under the supervision of the Legal Officer, and in collaboration with ACSA and other project members, the consultant will prepare a detailed analysis of legal regime for water bodies, based on the preliminary analysis preformed. The specific tasks are as follows:

• Conduct alternative analysis including relationship with recently adopted Water Law (Water Code was abolished);
• Hold meetings with relevant institutions involved in water management;
• Prepare options for dealing with the issues in the draft Land Code, with indication of recommended option and relevant argumentation as well as recommendations for what issues and aspects should be included in the draft Land Code and which in other laws, regulations, etc.;
• Participate in stakeholder workshop to present findings;
• Prepare draft provisions to be included in the draft Land Code.

Additionally, laws of other countries must be studied, in order to find solutions concerning the pre-emptive right of neighbors and tenants performing agricultural activity in community administrative-territorial areas where the land is situated, respectively when purchasing land outside the municipalities.

The specific tasks of the consultant are:

• Analysis of legislation in European countries and propose options to be included in the Land Code or other laws or regulations;

Prepare draft provisions to be included in the Land Code

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