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CODE OF TURKMENISTAN

About the earth

of October 25, 2004

(as amended on 05-10-2019)

This Code determines legal, organizational and economic bases of management of lands and is directed to rational use, protection of lands, preserving and improvement of the surrounding environment, application of different forms of conducting economic activity on the earth, regulation of land relations.

Chapter I. Basic provisions

Article 1. The earth in Turkmenistan

The earth in Turkmenistan is property of the Turkmen people, is under protection of the state and is subject to rational and effective use.

Article 2. Land legislation of Turkmenistan

1. The land legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan governing land relations.

2. If international treaties of Turkmenistan establish other rules, than those which are provided by this Code then are applied rules of international treaties.

3. The regulatory legal acts regulating land legal relationship are accepted on the basis of of this Code and cannot contradict its provisions. In case of such contradiction provisions of this Code are applied.

4. In land legal relationship any concepts determined by provisions of the civil and land legislation of Turkmenistan have that significance which is attached to them by the land legislation of Turkmenistan if other is not established by this Code.

Article 3. Coverage of this Code

Action of this Code governing land relations extends to physical persons, legal entities of Turkmenistan and foreign states, and also to foreign states and the international organizations.

Article 4. Tasks of the land legislation of Turkmenistan

Tasks of the land legislation of Turkmenistan are:

- regulation of land relations for the purpose of implementation of the actions directed to rational and effective use of land resources;

- implementation of the state program on use and protection of land resources;

- establishment of procedure for carrying out the state land management, maintaining the state land cadastre and monitoring of lands;

- determination of the bases of origin, change and termination of the property rights to the earth, land use and leases of lands;

- determination of procedure of the rights and obligations of owners of lands, land users and lessees of lands;

- ensuring holding actions for increase in fertility of soils and to preserving environment;

- creation of conditions for equal development of all forms of managing on the earth.

Article 5. The state guarantees in the field of land relations

The state guarantees in the field of land relations include:

- ensuring integrity, immunity and inalienability of the territory of Turkmenistan;

- implementation of state policy in the field of land relations;

- implementation of legal actions, economic, organizational, technical and other actions in the field of land relations;

- protection of the rights and legitimate interests of owners of lands, land users and lessees of lands;

- ensuring participation of interested persons in preparation of the offers directed to rational use and protection of lands;

- providing ecological safety in the field of land relations;

- providing according to the procedure, information on the availability, condition, use and protection of lands established by the legislation of Turkmenistan, interested persons;

- work on the state land management, maintaining the state land cadastre and monitoring of lands;

- implementation of the state control of observance of the land legislation of Turkmenistan;

- protection of interests of the state on the land questions in the field of international cooperation.

Chapter II. Land fund of Turkmenistan

Article 6. Categories of lands

The land fund of Turkmenistan according to purpose is subdivided into the following categories:

a) earth of agricultural purpose;

b) earth of forest fund;

c) earth of water fund;

d) earth of the state inventory;

e) earth of settlements (cities, settlements and rural settlements);

e) earth of the industry, transport, communication, power, defense and other industries;

g) earth of nature protection, improving, recreational and historical and cultural appointment.

Article 7. Procedure for reference of lands to categories and their transfer from one category in another

Reference of lands to the categories of land fund of Turkmenistan specified in article 6 of this Code and their transfer from one category in another, is made according to their purpose according to the procedure, determined by this Code and other regulatory legal acts of Turkmenistan.

Article 8. Special land funds

1. For the purpose of provision of lands in private property for personal subsidiary farm in the rural zone, individual housing construction in the cities and settlements and in use to daykhansky farms for conducting agricultural production special land funds are created. Materials about creation of these funds are considered by the commissions on the land questions of etraps (cities), welayats (city of Ashgabat), state body on management of land resources and State commission on the land questions.

2. Special land funds are created from lands of the state inventory, lands of country associations, other agricultural enterprises, the cities and settlements, and also from not used lands of other land users.

3. Special land funds affirm the Cabinet of Ministers of Turkmenistan.

Chapter III. State regulation in the field of land relations

Article 9. State regulation in the field of land relations

State regulation in the field of land relations is performed by the Cabinet of Ministers of Turkmenistan, state body on management of land resources, local executive bodies and local government bodies.

Article 10. Powers of the Cabinet of Ministers of Turkmenistan in the field of land relations

Cabinet of Ministers of Turkmenistan:

- provides carrying out single state policy in the field of land relations;

- approves the state target programs on rational use of lands, increase in fertility of soils, protection of land resources in complex with other nature protection actions;

- coordinates activities of the state bodies and services providing rational use and protection of lands;

- creates the state system of regulation and stimulation of activities for rational use and protection of lands;

- exercises control of land fund of Turkmenistan;

- on representation to State commission on the land questions makes decisions on provision of lands in property, use and lease;

- makes withdrawal of lands for the state and social needs from all categories of lands, irrespective of the size of the parcel of land;

- approves document forms, certifying the property right to the earth, right to use by the earth and the right of lease of lands;

- sets restrictions of the rights of owners of the parcels of land, land users and lessees of lands;

- establishes procedure for carrying out the state land management, land cadastre and implementation of monitoring of lands;

- approves procedure for collection of payments for the earth and provisions of privileges on these payments;

- establishes standard rates and procedure for compensation of losses of agricultural and forestry and landscape production;

- determines procedure of the state control of rational use and protection of lands;

- approves procedure and conditions of provision and seizure of land;

- approves the annual report on availability, distribution and use of land fund of Turkmenistan;

- approves special land funds;

- considers and solves land disputes;

- resolves other issues connected with land relations.

Article 11. Powers of state body on management of land resources

1. State body on management of land resources and its bodies on places:

- realizes the state policy pursued in the field of land relations;

- exercises the state control of rational and effective use and protection of land resources;

- keeps the state land cadastre and carries out monitoring of lands;

- creates and conducts the single computerized databank about availability and condition of land resources;

- carries out works on the state land management, and also land, soil, geobotanical, cartographic and other obsledovatelsky and prospecting works;

- adopts statements from citizens of Turkmenistan and the petition from legal entities of Turkmenistan for provision of lands in use and lease, prepares materials on them for consideration of the commission on the land questions of the etrap (city), the welayat and Ashgabat;

- draws up materials about provision of lands to physical persons, legal entities of Turkmenistan and foreign states, and also foreign states and the international organizations;

– performs issue of the documents certifying the property right to the earth, the right of land use and the right of lease of lands according to the legislation of Turkmenistan;

– enters the relevant data on state registration of land rights, change of owners of the parcels of land, land users, lessees of lands in the land and cadastral book;

- carries out expertize of programs, schemes and projects regarding rational use and protection of lands;

- will organize collection and data analysis about the lands provided to physical persons, legal entities of Turkmenistan and foreign states, and also foreign states and the international organizations;

- develops offers on forecasting and perspective use of the lands suitable under the irrigated agriculture, and also pastures for distant-pasture livestock production;

- carries out works on identification of not used lands and lands used with violation of the land legislation of Turkmenistan;

- performs the organizational, technical and other actions directed to rational and effective use of land resources;

- issues permission to use of the parcels of land for carrying out prospecting works;

- adopts regulatory legal acts on the land questions, obligatory for execution by owners of lands, land users and lessees of lands;

- makes in the Cabinet of Ministers of Turkmenistan offers on payment for the earth, enhancement of the land legislation of Turkmenistan, suspension or cancellation of action of regulatory legal acts of the ministries, departments, and also solutions of hyakim of welayats and the city of Ashgabat, etraps and the cities, gengesh, and orders of the archin contradicting the land legislation of Turkmenistan;

- exercises control of observance of the land legislation of Turkmenistan in case of construction and reconstruction of subjects to industrial and other function, carrying out exploration, prospecting and other works;

- submits State commission on the land questions materials with the conclusion about provision of lands in property, use and lease;

- constitutes the annual report on availability, distribution and use of land fund of Turkmenistan;

- considers and solves land disputes;

- resolves other issues in the field of land relations carried by this Code to its powers.

2. Activities of state body for management of land resources are performed according to this Code and Regulations on this body approved by the Cabinet of Ministers of Turkmenistan.

Article 12. Powers of hyakimlik of welayats and Ashgabat in the field of land relations

1. Hyakimliki of welayats and Ashgabat in the subordinated territories:

- realize the state policy pursued in the field of land relations;

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