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Regulations on provision in use of lands in private property and on the terms of long-term lease to citizens of Turkmenistan

I. General provisions

1. The earth is provided to citizens of Turkmenistan:

from the irrigated lands in kolkhozes, sovkhozes and other agricultural enterprises on the terms of long-term intraeconomic lease contract;

in private property for maintaining personal subsidiary farm, individual housing and country construction, and also gardening;

in private property for conducting commodity agricultural production, conversion of products on the basis of free entrepreneurship and rendering services in the village;

in use on the terms of long-term lease for conducting commodity agricultural production, conversion of products on the basis of free entrepreneurship and rendering services in the village.

2. Provision of lands in private property and in use on the terms of long-term lease is regulated by the Land code of Turkmenistan and other legal acts of Turkmenistan.

3. The earth is provided to citizens of Turkmenistan free of charge.

4. The payment for use of the earth is levied annually in the form of the land tax established depending on quality, location and water security of the parcel of land on the basis of land inventory data.

5. For consideration of questions of provision of lands in private property and in use on the terms of long-term lease in Turkmenistan, welayats, etraps and shakher the commissions are created.

6. In private property and on the terms of long-term lease for conducting commodity agricultural production, conversion of products and to rendering services in the village the citizens of Turkmenistan who are living in this area and having work experience in agricultural industry and necessary qualification have the privilege of receipt of the parcel of land.

II. Allocation to citizens of Turkmenistan the irrigated lands in kolkhozes, sovkhozes and other agricultural enterprises on the terms of long-term lease

7. Kolkhozes, sovkhozes and other agricultural enterprises allocate the irrigated parcels of land on the terms of long-term intraeconomic lease contract for a period of ten and more years according to statements of collective farmers, employees of sovkhozes, other agricultural enterprises, and also other citizens living and working in these farms according to the decision of general meeting of collective farmers (meeting of representatives), and in sovkhozes and others to hozyaystvakhadministration.

8. In case of long-term intraeconomic lease contract the parcels of land are allocated to the lessee with execution of the relevant agreement. The form of the standard agreement is developed and affirms the Ministry of Agriculture and Food of Turkmenistan.

The intraeconomic long-term lease contract can be individual, family and collective.

III. Transfer to private property to citizens of Turkmenistan of garden plots for maintaining personal subsidiary farm, individual housing, garden and seasonal dachas

9. To citizens of Turkmenistan earlier allocated personal, individual housing, garden, country parcels of land are transferred to private property.

At the same time to citizens certificates on the property right to the earth are granted.

Issue of certificates is made by the bodies which provided the specified parcels of land. Expenses are paid for issue of certificates at the expense of the local budget.

10. Again allocated personal, individual housing, garden and country parcels of land to citizens according to their statements are registered under the private ownership in accordance with the established procedure at their expense with issue of the certificate on the property right to the earth.

IV. Provision to citizens of Turkmenistan of the parcels of land in private property

11. The parcels of land up to 50 hectares for conducting commodity agricultural production, conversion of products on the basis of free entrepreneurship (without right to sell, donation and exchange), and also rendering services in the village are provided to citizens of Turkmenistan in private property.

12. Provision to citizens of Turkmenistan of lands in private property is performed according to their statements by hyakimlika of etraps (shakher), welayats according to their competence, according to the conclusion of State commission of Turkmenistan headed by the chairman of the State committee of Turkmenistan on land use, land management and holding land reform.

The size, the location of the asked site, the direction of agricultural and productive activity is proved in petitions from citizens of Turkmenistan about provision of the parcel of land in private property.

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