Code Of Turkmenistan "on Land"

Original Language Title: Кодекс Туркменистана «О земле»

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Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8375

CONTENTS

Chapter I. General Provisions
Chapter II. Land Fund of Turkmenistan
Chapter III. State regulation in the sphere of land relations
Chapter IV. Provision of land to individuals, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations
Chapter V. Ownership of land
Chapter VI.
Land Chapter VII. Land Rent
Chapter VIII. Rights of land owners, land users and land tenants
Chapter IX. Payment for land
Chapter X. Agricultural land
Chapter XI. forest lands, water resources and lands of the state reserve
Chapter XII. Earth settlements (cities, towns and villages)
Chapter XIII. Land of industry, transport, communications, energy, defense and other industries
Chapter XIV. Earth's environmental, health, recreational, historical and cultural destination

Chapter XV. State land management
Chapter XVI. State Land Cadastre
Chapter XVII. Land protection
Chapter XVIII. State control over land use and protection. Watching
changes in the status of land (monitoring)
Chapter XIX. Compensation for damages caused by land owners, land users and tenants of land and loss of agricultural and forestry production
Chapter XX. Resolution of land disputes
Chapter XXI. Responsibility for violation of land legislation of Turkmenistan


ZA TURKMENISTAN TO HE


On approval and introduction in action
Code of Turkmenistan "On the ground»

Article 1. To approve the Code of Turkmenistan "On Land".

Article 2. To enact the Code of Turkmenistan "On Land" from 1 November 2004.

Article 3. To recognize as invalid since 1 November 2004:
Land Code of the Turkmen SSR and the Supreme Soviet of the Turkmen Soviet Socialist Republic "On introduction of the Land Code of the Turkmen Soviet Socialist Republic", adopted by the Supreme Soviet of the Turkmen SSR, 12 October 1990 (Gazette the Supreme Soviet of the Turkmen SSR, 1990, number 19-20, Article 201, 202).;
Act of the Turkmen Soviet Socialist Republic "On introduction of changes and amendments to the Land Code of the Turkmen Soviet Socialist Republic", adopted by the Supreme Soviet of the Turkmen SSR, May 30, 1991 (Bulletin of the Supreme Soviet of the Turkmen SSR, 1991, number 9-10, Article 106.);
Law of Turkmenistan "On Land Lease foreign countries", approved by the Mejlis of Turkmenistan, 24 November 1995 (Bulletin of the Mejlis of Turkmenistan, 1995, № 3, Art. 43);

Law of Turkmenistan "On the granting of land in the ownership of citizens for conducting a commodity agricultural production", adopted by the Mejlis of Turkmenistan December 20, 1996 (Bulletin of the Mejlis of Turkmenistan, 1996, № 4, p. 63).

Article 4 of the Code of Turkmenistan "On Land" applies to legal relations arising after its entry into force.
According to legal relationships arising before the entry into force of the Code of Turkmenistan "On Land", its provisions shall apply to the rights and obligations that have arisen since 1 November 2004.

Article 5. Until reduction of regulatory legal acts of Turkmenistan in accordance with the Code of Turkmenistan "On Land" normative legal acts of Turkmenistan shall apply insofar as they do not conflict with the uniform law of Turkmenistan "On the land."
Normative legal acts on the issues that according to the Code of Turkmenistan "On the ground" can only be regulated by the laws in force, pending the adoption and entry into force of the relevant laws.
Article 6. The Cabinet of Ministers of Turkmenistan to bring into line with the Code of Turkmenistan "On Land" normative legal acts of the Cabinet of Ministers of Turkmenistan and other government agencies authorized to adoption of normative legal acts.

Article 7. The Ministry of Justice within one month to prepare and submit to the Mejlis proposals on amendments and additions to the legislation of Turkmenistan arising from the Code of Turkmenistan "On the land."

Article 8. The Cabinet of Ministers, ministries and departments, local executive bodies and local authorities, to implement a set of measures aimed at the practical implementation of the Code of Turkmenistan "On the ground" and the fulfillment of its requirements.

The President of Turkmenistan, Chairman of the Halk

's Council of Turkmenistan Saparmurat Turkmenbashi

Mountains. Ashgabat,
October 25, 2004.
Number 243-P



CODE OF TURKMENISTAN «EARTH»

This Code, in accordance with the Constitution and the socio - economic program of President of Turkmenistan Saparmurat Turkmenbashi the Great defines legal bases of realization of the state policy pursued in the sphere of land relations and is aimed at creating conditions for rational land use and protection, preservation and improvement of the environment, development of agricultural production, the use of various forms of land management, promotion of free enterprise in the territory of Turkmenistan.

Chapter I. General Provisions

Article 1. The land in Turkmenistan


Land in Turkmenistan is the property of the Turkmen people, it is under the protection of the state and is subject to rational and efficient use.

Article 2. Land Legislation of Turkmenistan

1. Land legislation of Turkmenistan based on the Constitution of Turkmenistan and consists of this Code and other normative legal acts of Turkmenistan regulating land relations.
2. If international treaties of Turkmenistan establishes rules other than those provided for in this Code, the rules of international treaties. 3
. Normative legal acts regulating land relations, adopted on the basis of this Code and can not contradict its provisions. In the event of such a conflict, the provisions of this Code shall apply.
4. In any notion of land relations, determined by the provisions of civil and land legislation of Turkmenistan shall have the meaning given to them by the land legislation of Turkmenistan, unless otherwise provided by this Code.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Article 3. Scope of this Code

The present Code regulating land relations, apply to natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations.

Article 4. Objectives of the land legislation of Turkmenistan

The objectives of land legislation of Turkmenistan are:
- regulation of land relations in the implementation of measures aimed at the rational and efficient use of land resources;
- Implementation of the state program on the use and protection of land resources;
- Establishment of the order of the state land management of state land cadastre and land monitoring;
- Definition of the grounds, modification and termination of ownership of land, land use and land rent;
- Determining the order of the rights and obligations of land owners, land users and land tenants;
- Provision of measures to improve soil fertility and conservation of the natural environment;
- Creation of conditions for equal development of all forms of farming.

Article 5. State guarantees in the sphere of land relations

State guarantees in the sphere of land relations include:
- ensuring the integrity, inviolability and inalienability of the territory of Turkmenistan;
- Implementation of the state policy in the sphere of land relations;

- Implementation of legal action, economic, organizational, technical and other measures in the sphere of land relations;
- Protection of rights and legal interests of land owners, land users and land tenants;
- Ensuring the participation of stakeholders in the preparation of proposals aimed at the rational use and protection of lands;
- To ensure environmental safety in the sphere of land relations;
- Software in the manner prescribed by the legislation of Turkmenistan, interested parties information on the availability, condition, use and protection of land;
- Work on public land management, management of the state land cadastre and land monitoring;
- Exercising state control over observance of the land legislation of Turkmenistan;
- The protection of state interests on land issues in the field of international cooperation.

Chapter II. Land Fund of Turkmenistan

Article 6. Categories of land

Land Fund of Turkmenistan in accordance with the intended purpose is divided into the following categories:
a) agricultural land;
B) of forest land;
C) lands of water fund;
G) state reserve land;
E) land settlements (cities, towns and rural settlements);
E) land for industry, transport, communications, energy, defense and other industries;
G) ground environmental, health, recreational, historical and cultural destination.

Article 7. The procedure for inclusion of land to categories and their transfer from one category to another

The assignment of land to the categories of the land fund of Turkmenistan referred to in article 6 of this Code, and their transfer from one category to another, made in accordance with their purpose in the manner determined by this Code and other normative legal acts of Turkmenistan.

Article 8. special land fund

1. In order to provide land to private property for private farming in rural areas, private housing construction in cities and towns and in the use of daikhan farms for agricultural production are special land fund. Materials about the creation of these funds are considered Land Commission of districts (cities), provinces (Ashgabat), the state body on land management and the State Committee on land issues.

2. Special funds are established land from the lands of the state reserve, the land of peasant associations and other agricultural enterprises, cities and towns, as well as from unused land to other land users. 3
. Special land fund approved by the Cabinet of Ministers of Turkmenistan.
(As amended by the Law of Turkmenistan on February 28, 2015 - Bulletin of the Mejlis of Turkmenistan, number 2015, article.)

Chapter III. State regulation in the sphere of land relations


Article 9. State regulation in the sphere of land relations

State regulation by the Cabinet of Ministers of Turkmenistan, the state body on land management in the sphere of land relations, local executive bodies and local self-government.

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

The Cabinet of Ministers of Turkmenistan:
- ensure the implementation of a uniform state policy in the sphere of land relations;
- Approves state programs on rational use of land, improving soil fertility, protection of land resources in conjunction with other environmental protection measures;
- Coordinates the activity of state bodies and services that ensure rational use and protection of lands;
- Forms the state regulatory system and encouraging activities on rational use and protection of land;
- Controls the land fund of Turkmenistan;
- On presentation of the State Lands Commission makes decisions on granting of land ownership, use and lease;
- Makes withdrawal of lands for state and public needs of all categories of land, regardless of the size of the land plot;
- Approve forms of documents proving ownership of land, the right to use land and the right to lease land;
- Establishes restrictions on the rights of land owners, land users and land tenants;
- Establishes the order of the state land, land cadastre and land monitoring;
- Approve the procedure of collection of payments for the land and granting privileges to these payments;
- Sets standards and the procedure for compensation of losses of agricultural and forestry production;
- Defines the procedure for exercising state control over rational use and protection of lands;
- Approve the procedure and conditions for granting and withdrawal of land plots;
- Approve the annual report on the availability, distribution and use of the land fund of Turkmenistan;

- Approves special land fund;
- Consider and resolve land disputes;
- Resolve other issues related to land relations.

Article 11. The authority of the state body on land management

1. The state body on land management and its local bodies:
- implements the state policy pursued in the sphere of land relations;
- Carries out state control over the rational and efficient use and protection of land resources;
- Leads the state land cadastre and monitors land;
- It creates and conducts a single computerized data bank on the availability and condition of land resources;
- Carries out work on public land management and surveying, soil, geobotanical, cartographic and other-finding and exploratory work;
- Accepting applications from citizens of Turkmenistan and the application of the legal entities of Turkmenistan to grant land to use and lease, preparing materials on them to the commission on land issues etrap (city), province and the city of Ashgabat;
- Prepares materials for land to individuals, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations;
- Carries out state registration of land ownership, land use rights and land lease rights, as well as the issuance of documents certifying these rights, in accordance with the law;
- Examines programs, schemes and projects of the rational use and protection of lands;
- Organizes the collection and analysis of data on land granted to natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations;
- Develop proposals on forecasting and prospective use of land suitable for irrigated agriculture and pastures for transhumance;
- Work to identify unused land and land used in violation of the land legislation of Turkmenistan;
- Provides organizational, technical and other measures aimed at the rational and efficient use of land resources;
- Gives permission to use the land for survey work;
- Adopts regulations on land issues, binding on land owners, land users and tenants of land;

- Contributes to the Cabinet of Ministers proposals for the board for the land, improving land legislation of Turkmenistan, suspension or revocation of the normative legal acts of ministries and departments, as well as making governors of provinces and Ashgabat city, districts and towns, gengesh and archins orders contradicting land legislation of Turkmenistan;
- Monitors compliance with the land legislation of Turkmenistan in the construction and reconstruction of industrial and other purposes, prospecting, exploration and other works;
- Submit to the National Land Commission has benefited from the conclusion of the provision of land ownership, use and lease;
- Is an annual report on the availability, distribution and use of the land fund of Turkmenistan;
- Consider and resolve land disputes;
- Resolve other issues in the sphere of land relations, assigned by this Code to its competence.
2. The activities of the state body on land management is carried out in accordance with this Code and the Regulations on this body, approved by the Cabinet of Ministers of Turkmenistan.

Article 12. Powers khyakimliks provinces and the city of Ashgabat in the sphere of land relations

1. Khyakimlik provinces and the city of Ashgabat in their jurisdictions:
- implement state policies in the sphere of land relations;
- Ensure the rights and legitimate interests of land owners, land users and land tenants;
- Exercise control over rational use and protection of land resources;
- Create a committee of provinces, Ashgabat on land issues and ensure their operation;
- Represent the higher state bodies proposals on administrative - territorial unit of the velayat, Ashgabat, maintaining the state land cadastre and land, as well as the formation of a special land fund;
- Assist in the conduct of public land management, land cadastre and land monitoring;
- Supervise the collection of payments for the land;
- Approve the annual report on the availability and distribution of land;
- Consider and resolve land disputes;
- Resolve other issues in the sphere of land relations ascribed this Code to their authority.
2. Khyakimlik Ashgabat decides on the allocation of land to the ownership of the families of citizens of Turkmenistan in the city of Ashgabat for individual housing construction.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)


Article 13. Powers of the mayor's district of (the city) in the sphere of land relations

Local administrations of districts (cities) in their jurisdictions:
- implement state policies in the sphere of land relations;
- Ensure the rights and legitimate interests of land owners, land users and land tenants;
- Exercise control over rational use and protection of land resources;
- Create commissions of districts (cities) on land issues and ensure their operation;
- Represent the higher state bodies proposals on administrative - territorial etrap (city), maintenance of the state land cadastre and land, as well as the formation of a special land fund;
- Assist in the conduct of public land management, land cadastre and land monitoring;
- Supervise the collection of payments for the land;
- Approve the annual report on the availability and distribution of land;
- Consider and resolve land disputes;
- Taking a decision to grant land ownership to the families of citizens of Turkmenistan for ancillary services - household plot and individual housing construction;
- Resolve other issues in the sphere of land relations, ascribed by this Code to their authority.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Gengeshes Article 14. Powers in the sphere of land relations

Local meetings in their territories:
- ensure the rights and legitimate interests of land owners, land users and land tenants;
- Exercise control over rational use and protection of land resources;
- Accept applications from citizens of Turkmenistan for their families land for private farming - household plot and individual housing construction;
- Provide maintenance of the peasant associations and other agricultural enterprises of land cadastre books.


Article 15 of the Commission on Land Issues

1. To address land issues are:
- The state commission on land issues;
- Commission on Land province, the city of Ashgabat;
- Committee on land issues etrap (city).
2. Regulation on the State Commission on Land Issues and its composition shall be approved by the Cabinet of Ministers of Turkmenistan, and the provisions of the Land Commission velayat, Ashgabat, districts and cities and their respective sostavy- khyakimliks.


Chapter IV. Provision of land to individuals, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations

Article 16. Provision of land to individuals, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations

1. Citizens of Turkmenistan who have expressed a desire to obtain land, are applying it on the location of the land:
a) in the property - for private farming land -priusadebnogo and individual housing construction - in Gengesh, Khyakimlik district of the city;
B) for the use - at the appropriate government agency for land management;
C) rent:
- irrigated land - in the farmers associations and other agricultural enterprises;
- For non-agricultural purposes - to the appropriate government agency for land management.
2. Legal entities of Turkmenistan, who need to provide land for use or lease, is excited about this petition to the relevant government bodies at the location of the land plot Land Management. 3
. The statements of individuals and legal entities of Turkmenistan petitions for land must be specified purpose, size and location of the requested land plot with the documents confirming the necessity of land.
4. The order of initiation and review of citizens' applications and petitions of legal entities of Turkmenistan for the ownership, use and lease of land established by the Cabinet of Ministers of Turkmenistan.
5. Citizens and legal entities of foreign states, as well as foreign governments and international organizations have expressed a desire to obtain land rent is supplied on this application to the Cabinet of Ministers of Turkmenistan.
6. Provision of land for use by citizens and legal entities of Turkmenistan is based on the decision of the Cabinet of Ministers of Turkmenistan.
7. Provision of land to the families of citizens of Turkmenistan for ancillary services - household plot and individual housing construction is carried out in accordance with the decisions khyakimlik etrap (city), Ashgabat.

8. Registration materials for the provision of land to the issue of documents certifying the right of ownership, right of use and the right to lease land for non-agricultural purposes, as well as the state registration of these rights is carried out by government land management in the manner determined by the legislation of Turkmenistan.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)


Article 17. Form of land use

1. Land can be given to the ownership, use and lease.
2. The ownership of land may be granted to citizens of Turkmenistan. 3
. The permanent or temporary (up to 39 years) use of the land may be granted to citizens and legal entities of Turkmenistan.
4. The rent a plot of land may be granted to natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations.
(As amended by the Law of Turkmenistan on February 28, 2015 - Bulletin of the Mejlis of Turkmenistan, number 2015, article.)

Article 18. Types of use of land by citizens of Turkmenistan

Turkmen citizens land in the manner prescribed by law, may be granted for:
- ancillary services in rural areas - household plot;
- Individual housing construction in cities and towns;
- Agricultural production - land of peasant associations and other agricultural enterprises in the long-term lease with subsequent transfer of ownership to the tenants, effectively using land;
- Official allotment;
- Grazing;
- Mowing;
- Construction and agricultural purposes in business activities;
- Placing temporary structures non-agricultural purposes.
(As amended by the Law of Turkmenistan on February 28, 2015 - Bulletin of the Mejlis of Turkmenistan, number 2015, article.)

Article 19. Types of land use legal entities of Turkmenistan

For legal entities Turkmen land in the manner prescribed by law, may be granted for:
- agricultural production;
- Conducting a subsidiary agriculture;
- Placement of temporary structures;
- Transhumance;
- Construction;
- Mining;
- Other non-agricultural purposes.


Article 20. Types of use of land by foreign citizens and legal entities, as well as foreign governments and international organizations

Foreign citizens and legal entities, as well as foreign governments and international organizations, the land may be granted only for rent:
- construction sites and other non-agricultural purposes;
- The placement of temporary facilities.

Article 21. Emergence of ownership of land, land use rights and the right to lease land

The ownership of the land, the land use right and the right to lease land there after the establishment of state authority on land borders Land Management in kind (in the field) and the issuance of documents certifying those rights.

Chapter V. Ownership of land

Article 22. Land, owned by the state

1. Turkmenistan All land, except for land granted to private ownership to citizens of Turkmenistan are state-owned.
2. Earth, provided by the state reserves and lands of other specially protected natural territories, are exclusively owned by the state.

Article 23. Private ownership of land

In private ownership to citizens of Turkmenistan land can be given for:
- ancillary services in rural areas - household plot;
- Individual housing construction in cities and towns;
- Agricultural production - land of peasant associations and other agricultural enterprises, previously used in the long-term lease in accordance with the decisions of the President of Turkmenistan.

Article 24. The emergence of private ownership of land

1. The private property right of citizens of Turkmenistan on the ground there in accordance with this Code and other normative legal acts of Turkmenistan in the provision of land in private property and as a result of civil - law transactions with the transfer of ownership of a house or building to another citizen of Turkmenistan, as well as the transition property rights in order pravopriemstva.
2. Provision and transfer of ownership to the land plot is carried out taking into account the purpose of land.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Article 25. Provision of land to private ownership to citizens of Turkmenistan for ancillary services - household plot


1. Families of members of peasant associations, employees of other agricultural and forestry enterprises, and to the families of teachers, doctors and other professionals whose work is related to the maintenance of the rural population of these farms, families, seniors, retired immediately after the work on these farms, and persons with disabilities living in this rural homestead granted land in private ownership with right of inheritance for private farming of the special land fund of $ 0.16 per hectare, taking into account the availability of land and water resources, including the area occupied by the dwelling house and farm buildings without sale , gift, exchange and collateral.
2. In densely populated etraps (cities) with insufficient land and water resources for the Commission's proposals on land issues of districts (cities) and the provinces, the government agency for land management with the subsequent approval of the Cabinet of Ministers of Turkmenistan, the land can be provided below the size for private farming but not less than 0.12 hectares per family. 3
. Families referred to in paragraph 1 of this article need to obtain homestead land to private ownership with right of survivorship is served on this application in local meetings in the community.
4. Farmland land in accordance with the legislation of Turkmenistan, used for private farming, the construction of residential house and outbuildings.

Article 26. Provision of land to private ownership to citizens of Turkmenistan for individual housing construction

Families of Turkmen citizens living in cities and towns, are available for private ownership with right of inheritance of land for individual housing construction and maintenance of residential houses of a special land fund of up to 0.10 hectare of land subject to the availability of resources without the right of sale, donation, exchange and collateral.

Article 27. Provision of land in private ownership to tenants - citizens of Turkmenistan for the production of agricultural products


Tenants - citizens of Turkmenistan, its own equipment and facilities to ensure efficient use of leased land for 10 years, and get high yields of crops, the decision of the President of Turkmenistan land up to 3 hectares can be transferred to private ownership for agricultural production previously used by them in the long-term lease of lands of peasant associations and other agricultural enterprises.

Article 28. Rights of land owners

The citizens of Turkmenistan - the land owners have the right to:
- alone to farm on the land in accordance with its intended purpose;
- Ownership of agricultural crops and plantations produced agricultural products and by its sales income;
- Used in the manner prescribed by law, for the needs of the economy are available on the land of the more common minerals;
- Spend watering, agronomic and reclamation work;
- Get water to irrigate crops, plantations and other uses of irrigation sources in accordance with the limits set
;
- To build in accordance with the legislation of Turkmenistan, residential, industrial, cultural, and other household objects, and implement their reconstruction and demolition in accordance with the purpose of land;
- In case of withdrawal of land for state and public needs to receive in accordance with the legislation of Turkmenistan, compensation for damages incurred;
- Have other rights in accordance with the law.

Article 29. Obligations of land owners

The citizens of Turkmenistan - the land owners are required to:
- rational use of land in accordance with the purpose, to improve soil fertility, to carry out environmental protection measures to prevent environmental degradation and depletion of natural resources as a result of its business activities;
- To carry out a complex of measures for land protection provided by this Code and other normative legal acts of Turkmenistan;
- To make timely payments for the land;
- Does not violate the rights of other landowners and land users and land tenants;
- Timely submit to the relevant authorities, information on the status and use of land in the prescribed form them;

- To compensate the damage caused to other owners of land plots and land users and tenants of land in accordance with the legislation of Turkmenistan;
- Carry out the necessary work on landscaping and gardening land, preservation and maintenance of green areas, in accordance with the established rules;
- Perform other duties established by the legislation of Turkmenistan.

Article 30. Termination of private ownership of land

1. The private property right of citizens of Turkmenistan on the land stops in cases:
- voluntary abandonment of the land;
- Use of land not for its intended purpose;
- Unsustainable use of land;
- Land use methods, leading to a decrease in soil fertility, pollution, deterioration and depletion of natural resources;
- Non-use of land owned for agricultural production for two years, for private farming - household plots and individual housing construction for five years;
- Commission with the land owned, illegal transactions;
- Environmental degradation resulting from economic activity;
- Withdrawal of land plots for state and public needs in cases and order established by the legislation of Turkmenistan;
- In other cases established by the legislation of Turkmenistan;
- The transition of ownership of the land in the case of the reluctance of any of the heirs to carry on business they lose ownership of the land.
2. Plot of land, located in a private property of citizens of Turkmenistan may be withdrawn for state and public needs in exceptional cases relating to:
- the fulfillment of international obligations;
- The provision of land for the needs of defense and security of the state of protected areas, health, recreational, historical and cultural destination;
- Detection under section deposits of minerals (except for the more common);
- The construction of roads, railways, power lines, communications and main pipelines, as well as other objects of national importance, in the absence of other options for the possible deployment of these facilities;
- Demolition of dilapidated housing and emergency, threatening collapse (collapse);

- The implementation of master plans of cities and other settlements, zoning schemes and other areas approved in the manner prescribed by law, urban planning and land use documentation.
- In other cases established by the legislation of Turkmenistan. 3
. Termination of the private ownership of the land is made in the manner determined by this Code and other normative legal acts of Turkmenistan.
4. The decision to terminate the private ownership of land may be appealed in Kazyet.
5. Termination of the land rights of private property does not deprive citizens of Turkmenistan the right to remove the crop and does not release them from their obligations to preserve the quality of land.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Chapter VI. Land

Article 31. Provision of land for use

1. Earth for use can be provided to citizens and legal entities of Turkmenistan regardless of the form of management for the purposes of and in accordance with the procedure referred to in Articles 18 and 19 of this Code, except in cases of land to private ownership to citizens of Turkmenistan.
2. Earth may be provided for permanent (without setting a term) and temporary (fixed-term) use.

Article 32. The emergence of land use rights

1. The right to land occurs in the manner prescribed by the legislation of Turkmenistan at:
- provision of land use;
- The transfer of land use rights;
- The transition of land use rights in the succession;
- Civil law;
- Other grounds stipulated by the legislation of Turkmenistan.
2. Granting, transfer and transition of land use rights shall be carried out taking into account the purpose of land.

Article 33. The use of land for exploration works

Entities Turkmenistan entrusted with the implementation of geological survey, prospecting, topographic, geodesic and other research work, can carry out this work on all lands in the manner prescribed by the legislation of Turkmenistan, without seizure of land plots. Starting Date and place of work are coordinated with the land owners, land users and tenants of land, as well as with the relevant state bodies on land management.

Article 34. Obtaining permission for temporary occupation of land for exploration works


1. To obtain permission for temporary occupation of land for survey work legal entities of Turkmenistan, entrusted with the implementation of these works, serves the public authorities regarding land management at the location of the requested land a written application to extract the application of Plan D activities, as well as the conclusion of the state bodies geodetic supervision, geological Survey, or other bodies in accordance with established procedure, the production of these works.
2. Public Authority for Land Management decides on the possibility of producing survey works on the requested plots and issue a permit for a period not exceeding one year with the consent of the land owner, land user tenant or land. 3
. The lands for special purposes, as well as the employment of specially protected natural, recreational, historical and cultural sites, the experimental fields of scientific research and educational institutions, the first group of forest development works may be undertaken only with the approval of the Cabinet of Ministers of Turkmenistan.

Article 35. Rights of legal entities of Turkmenistan using land for survey work

Entities Turkmenistan, conducting on land development works are eligible:
- carried out in the manner prescribed by law, the work envisaged in the plan, for which the permission;
- Erect temporary buildings and structures such as for industrial, housing and cultural and community needs;
- To construct permanent geodetic points on the type of agreement with the land owners, land users and tenants of land;
- Used in accordance with the legislation of Turkmenistan, for its own needs existing on the land of the more common minerals.

Article 36. Duties of legal entities of Turkmenistan using land for survey work

Entities Turkmenistan, carrying out survey work required to:
- at his own expense cause occupied land in a condition suitable for its intended use, in the course of work, and if it is impossible - not later than one month after the completion of the work;
- Take measures to ensure the safety of crops, plants, natural objects, as well as water pipelines, gas pipelines, sewerage, land reclamation systems and other facilities;

- And to indemnify the loss of agricultural and forestry production, caused them land owners, land users and tenants of land in the production of survey work, in accordance with the law.



Article 37. Official Land Plot

1. Call of the allotment provided to the families of employees of certain categories of transport, communications, energy, radio and television, parks, forest, water and fisheries, as well as other industries, in accordance with the legislation of Turkmenistan.
2. Call of the allotment of up to 0.10 hectares of land is available, in use of legal entities of Turkmenistan, employing citizens of Turkmenistan have the right to the official land plot. 3
. The list of categories of employees entitled to the official land plot, and the procedure for use of the Cabinet of Ministers of Turkmenistan.

Article 38. Rights of land users

Land users have the right to:
- independently manage the land using it in accordance with the purpose;
- Ownership of agricultural crops and plants, produced agricultural products and the revenues from sale;
- Used in the manner prescribed by law, for the needs of their farms available on the plot common minerals;
- To damages in the seizure of land for state and public needs;
- To build in accordance with the legislation of Turkmenistan, residential, industrial, domestic and other objects that are not contrary to the intended purpose of the land;
- Carry out irrigation and other reclamation work in accordance with specific requirements;
- Have other rights in accordance with the law.

Article 39. Obligations of land users

Land users are obliged to:
- use the land in accordance with the purpose and conditions of its provision;
- To ensure the rational and efficient use of land granted to them;
- To make timely payments for the land;
-primenyat Production technology to meet environmental, health and other requirements, and comply with in their business activities set construction and other rules and regulations;
- To carry out a complex of measures for land protection provided by this Code and other normative legal acts of Turkmenistan;

- Does not prevent the use of water bodies and their shores for the organization of shipping and other needs on the land adjacent to surface water bodies;
- Timely submit to the relevant authorities, they have set the information about the state and use of land;
- Does not violate the rights of other land users, land owners and tenants of land;
- Carry out the necessary work on the landscaping of the territories, preservation and maintenance of green areas in accordance with the rules established by the cities and khyakimliks gengesh;
- Perform other duties established by the legislation of Turkmenistan.

Article 40. Termination of the land use rights

1. land use right shall be terminated if:
- refusal landholder of land use;
- Expiration of the term for which land was granted;
- Use of land not for its intended purpose;
- Liquidation of legal entities of Turkmenistan, as well as the bankruptcy of a citizen or legal entity of Turkmenistan;
- Termination of employment, for which was granted official land plot;
- Alienation of land use right in accordance with the other entities of Turkmenistan;
- Environmental degradation resulting from economic activity;
- Early termination of the temporary land use;
- Using land in ways which lead to a decrease in soil fertility, pollution and depletion of natural resources;
- Unused for two years the land given to them;
- Land acquisition for state and public needs, as well as in other cases stipulated by this Code.
2. Termination of land use rights is made in the manner determined by this Code and other normative legal acts of Turkmenistan. 3
. The decision on the termination of the land use rights may be appealed to Kazyet.
4. Termination of the land use rights of the land user does not deprive the right to remove the crop and does not relieve him from responsibility for the preservation of the land quality.

Article 41. The concept of limited use someone else's land (easement)

1. The land can be encumbered in favor of the owner of another plot of land (the dominant land) so that the latter had the right to use someone else's land in certain cases or to a foreign land is not able to perform certain actions, or to make it possible the implementation of the law which it follows from the ownership of the land burdened with regard to the dominant land (easement).

2. The parties may agree on the remuneration in the form of periodical payments.

Article 42. Terms of limitation of use someone else's land (easement)

1. An easement may only be a burden which the person entitled gives advantage in land use. The content of the easement can not exceed the limits set by the authorized person.
2. In the exercise of easement authorized person must comply with the interests of the owner and the use of burdened land.

Article 43. The right of limited use of someone else's land (easement)

1. territory of limited use someone else's land (easement) can be set taking into account the state and the public interest in cases of necessity:
- pass or travel through the land to public facilities;
- Cattle run through the land;
- Of the survey, research and other activities;
- Water intake and watering;
- Laying and maintenance engineering, municipal, irrigation, electrical and other networks, pipelines and transport infrastructure;
- Access to the coastal strip;
- Creation on the land facilities;
- In other cases stipulated by the legislation of Turkmenistan.
2. The right of limited use of someone else's land (easement) established by the state body on land management on the basis of submissions to the Commission on Land Issues etrap (city) and Ashgabat in cases stipulated by the legislation of Turkmenistan. 3
. The right of limited use of someone else's land (easement) may be terminated in the event of termination of the grounds for its establishment.
4. The easement shall be registered with the state body on land management.

Chapter VII. Land Rent

Article 44. Land rent and tenants

1. land lease is a contract based on emergency compensatory use of the land.
2. land tenants can be natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations. 3
. Rights and obligations of the tenant and the landlord, as well as the grounds for the emergence and termination of the right to lease land by the terms of the lease.
4. Under a contract of lease of land rent land with residential and farm buildings necessary for its economic use can be transmitted with or without.

5. Land leased for construction and other non-agricultural purposes for up to 40 years. To accommodate the temporary commercial and residential points, warehouses, parking lots and other facilities - for up to 5 years.
6. Form a model land lease for non-agricultural purposes and order his detention developed and approved by the state body on land management.
7. Registration of land lease for non-agricultural purposes and the establishment of the leased land boundaries in kind carried out by government land management.
(As amended by the Law of Turkmenistan on March 30, 2007 and October 1, 2007 - Bulletin of the Mejlis of Turkmenistan in 2007, number 1, Article 39;. Number 4, Article 68.)

Article 45. Lessors land

1. Landlord of land (except irrigated farmers' associations and other agricultural enterprises) provided to citizens and legal persons of Turkmenistan in accordance with the procedure established by this Code, it is authorized by the Cabinet of Ministers of Turkmenistan government body.
2. lessors of land granted to foreign citizens and legal entities, as well as foreign governments and international organizations are the Cabinet of Ministers of Turkmenistan or his authorized on the body.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Article 46. Provision of irrigated land peasant associations and other agricultural enterprises in the long-term lease

1. Provision of irrigated land peasant associations and other agricultural enterprises in the long-term lease for 10 years or more made to members of these farms, agricultural joint-stock companies, associations and tenants daikhan farms, taking into account:
- the availability of land and water resources;
- Average area of ​​shared land per able-bodied;
- Location of the plots of land;
- Lease of irrigated land in the amount of up to 200 hectares of the conservation fields (irrigated areas) integrity;
- Tenant capabilities (tenants, tenants association, daikhan farms) for the treatment of leased land;
- Crop rotation schemes, conservation and improvement of soil fertility;
- Ensuring the production of agricultural products in accordance with the lease agreement;
- In other cases stipulated by the legislation of Turkmenistan.

2. Members of farmers 'associations and other agricultural enterprises, agricultural joint-stock companies, associations and tenants daikhan farms wishing to obtain irrigated land in the long-term lease, turning it into a farmers' associations and other agricultural enterprises. 3
. Irrigated land of peasant associations and other agricultural enterprises in the long-term lease provides for mandatory use them for their intended purpose.
Land leased to, but not used in one year because of the tenant, be withdrawn wholly or in part. Confiscation of land and transfer it to another tenant is made in the manner prescribed by this Code.
4. The size of land plots allocated for long-term rent for each farmers' associations and other agricultural enterprises, are determined depending on the availability of land and water resources, land location and the number of tenants wishing to participate in agricultural production.
5. Provision of irrigated land in the long-term lease on the basis of the Commission decisions farmers association and other agricultural enterprises.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Article 47. Provision of land for rent to citizens and legal entities of Turkmenistan for purposes not related to the production of c celskohozyaystvennym

1. Citizens and legal entities of Turkmenistan for purposes not related to agricultural production (temporary placement of kiosks, parking lots, garages, warehouses, workshops and other facilities) land available for rent at the Commission's decision on land issues etrap (city), province and the city of Ashgabat .
2. Decoration materials, demarcation of leased land and registration of lease agreements are made public authority for land management in accordance with this Code.

Article 48. Provision of land on lease to foreign citizens and legal entities, as well as foreign governments and international organizations

1. Earth leased to foreign citizens and legal entities, as well as foreign governments and international organizations are available for:
- construction and other non-agricultural purposes;
- Placing temporary commercial and residential points, warehouses, car parks and other facilities.
Earth such persons must be rented by the decision of the President of Turkmenistan.

2. Establish the boundaries of the leased land in kind and registration of the lease contract carried out by government land management.

Article 49. Early termination of land lease contract at the request of the landlord

1. The landlord may require the early termination of the lease of land in the cases:
- non-compliance with lease terms;
- The use of land in violation of land legislation;
- Intentional deterioration of the leased land;
- Environmental degradation resulting from economic activity;
- Failure to pay the rent within 30 days from the date of expiry of its payment, provided that the 30 day grace period for the payment of rent is given only once for the entire rental period, and repeated failure to pay on time is the basis for early termination of the lease land;
- The construction on leased land are not permitted constructions;
- Non-use of land for one year from the date of their lease, unless otherwise provided by the contract;
- Sublease the leased land;
- In other cases stipulated by this Code and other normative legal acts of Turkmenistan.
2. The landlord can terminate a lease early only after notice to the tenant in writing at least three months, unless otherwise provided by the contract.

Article 50. Early termination of the lease of land at the request of the tenant

1. Tenant may apply for early termination of land lease contract in cases where:
- the landlord does not fulfill contractual obligations;
- The tenant is not able to use the land, excluding exceptional circumstances, unless otherwise provided in the lease agreement;
- In other cases stipulated by this Code and other normative legal acts of Turkmenistan.
2. The tenant may terminate the rental agreement, only after notice to the landlord in writing not later than three months before the harvest, when the lease contract provides otherwise.
Article 51. Sublease


Lands Subletting is prohibited.

Chapter VIII. Rights of land owners, land users and land

tenants
Article 52. Protection of the rights of land owners, land users and land tenants

1. Interference in the activity of land owners, land users and tenants of land from the government, business and other bodies and organizations, as well as their officials shall be prohibited, except for cases of violations of land legislation of Turkmenistan.

2. Violated rights of land owners, land users and tenants of land to be restored in the manner prescribed by this Code and other normative legal acts of Turkmenistan. 3
. Withdrawal for state and public needs of land to individuals, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations can be carried out after giving them, at their request, an equivalent plot of land and build a new place of residential, industrial and other objects instead of demolished.
Compensation costs related to construction, as well as other damages made by individuals, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations, which provided the land, in accordance with the legislation of Turkmenistan.

Article 53. Restrictions on the rights of land owners, land users and land tenants

1. In the interests of the state, environmental protection, construction and operation of utilities, as well as to ensure the security of the state and citizens of Turkmenistan rights of land owners, land users and land tenants may be limited in the cases provided for by the legislation of Turkmenistan.
2. Based on the state and public interests are prohibited purchase, sale, exchange, donation and pledge of land. 3
. Prior registration in the manner prescribed by law, the rights of ownership of land, land use and land lease financing for the construction of industrial facilities, transportation, communications, energy and other industries is not allowed.

§ 54. Transfer of right of use of land

1. At the denationalization and privatization of state property, as well as a sale of objects to the buyer the rights and obligations in the sphere of land relations in accordance with this Code and other normative legal acts of Turkmenistan.
2. Registration materials on the transfer of ownership or land use rights to the land plot, as well as the issuance of the relevant documents shall be the state body on land management by the owners and land users.

Chapter IX. Payment for land

Article 55. Payment for land

1. Earth in Turkmenistan are used for a fee in the form of payments for the land and rents.

2. Fees are charged for the land for the land owned by citizens of Turkmenistan, as well as in the use of citizens and legal entities of Turkmenistan.
Bids, the procedure of calculation and payments for the land determined by the Cabinet of Ministers of Turkmenistan. 3
. The rent charged for the land leased to individuals, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations.
The procedure for determining the amount, terms and conditions of rental payment for the land determined by the Cabinet of Ministers of Turkmenistan.
4. Exemptions from payment of land payments and rents to natural and legal persons shall be provided on the terms and conditions determined by the Cabinet of Ministers of Turkmenistan.

Article 56. Use of funds received from payment for land and land rent

Funds received from payments for land and land rent shall be credited to the respective local budgets at the location of land.
Dimensions deposited funds and the procedure for their use shall be established by the Cabinet of Ministers of Turkmenistan.

Chapter X. Agricultural land

Article 57. Agricultural land and their composition

1. For agricultural lands are lands granted for agricultural purposes and are intended for that purpose.
2. As part of the agricultural land allocated agricultural land and land reclamation are undergoing construction, occupied by forests, on-farm roads, communications, closed ponds, reclamation network, buildings (buildings) and facilities necessary for the operation of agricultural and other land. 3
. For agricultural land include:
- arable land - irrigated and rain-fed agricultural land cultivated and used for agricultural crops;
- Deposits - agricultural land, which previously were part of the arable land and more than one year have not been used for planting agricultural crops;
- Perennial plants - agricultural land occupied by orchards, vineyards, mulberry, nursery gardens and other areas;
- Pasture - agricultural land used for grazing;
- Hay - agricultural land used for hay.
4. Transfer of agricultural land to other land for non-agricultural purposes is permitted in exceptional cases, in accordance with this Code and other normative legal acts of Turkmenistan.

Article 58 Irrigated land


1. For irrigated lands include land used for arable land and perennial plantings, including shelter belts and irrigated forests, on which there is a permanent or temporary irrigation network associated with the source of irrigation, water resources which provide the irrigation of these lands.
2. Irrigated lands are subject to special protection. Translation of the land in the irrigated land by decision of the Cabinet of Ministers of Turkmenistan. 3
. Members of irrigated land should be provided with irrigation water in accordance with the established limits based on water sources in an order determined by the legislation of Turkmenistan.


Article 59 Grassland
1. Pastures are divided on:
- location - in the desert, foothill and mountain;
- The nature of the use - by year-round and seasonal;
- Water sources degree of security - on flooded and neobvodnennye;
- Kind of use - to distant and located in the area of ​​irrigated agriculture.
2. Pastures are subject to state protection.

Article 60. Provision of agricultural land to citizens and legal entities of Turkmenistan

Agricultural land available:
- Turkmen citizens - for subsidiary farming, put the service and agricultural production, as well as for grazing and haying;
- Peasant associations, agricultural joint-stock companies, daikhan farms and other legal entities of Turkmenistan - for agriculture;
- Research, training, seed farms and secondary schools - for research and educational purposes, propagation of best practices, development of seed and agriculture;
- Legal entities of Turkmenistan - for subsidiary farming.
(As amended by the Law of Turkmenistan on February 28, 2015 - Bulletin of the Mejlis of Turkmenistan, number 2015, article.)

Article 61. Provision of agricultural land
destination for citizens of Turkmenistan
Agricultural land granted to citizens of Turkmenistan for private farming and agricultural production, as well as for grazing and haying in accordance with this Code.
(As amended by the Law of Turkmenistan on February 28, 2015 - Bulletin of the Mejlis of Turkmenistan, number 2015, article.)

Article 62. Provision of agricultural land to peasant associations, agricultural joint-stock companies and other legal entities of Turkmenistan engaged in agricultural activities


1. Agricultural lands are available to peasant associations, agricultural joint-stock companies and other legal entities of Turkmenistan engaged in agricultural activities, in use for agricultural production.
2. Registration of land use rights of the newly formed peasant associations and other legal entities of Turkmenistan engaged in agricultural activities, and termination of the rights to their reorganization and liquidation carried out after the adoption of the procedure established by the legislation of Turkmenistan, decisions about their education, reorganization or liquidation. 3
. Provision of peasant associations, agricultural joint-stock companies and other legal entities of Turkmenistan engaged in agricultural activities of agricultural land for the use made of them in the comfortable boundaries of economic activity.
Patchwork, wedging and other violations of land use on the part of the peasant associations and other legal entities of Turkmenistan engaged in agricultural activities are not allowed.
4. Eliminating strip farming, wedging and other land-use violations by the peasant associations and other legal entities of Turkmenistan engaged in agricultural activities, carried out in order of inter-farm land.

Article 63. Provision of agricultural land to legal entities of Turkmenistan for conducting a subsidiary agriculture

1. Legal entities of Turkmenistan to improve the supply of agricultural products of its employees, canteens, childcare facilities, schools, hospitals, nursing homes, sanatoria, rest homes and other social facilities, as well as production for own use are in accordance with the legislation of Turkmenistan , available for use for conducting a subsidiary agriculture unused agricultural land, and in some cases, and agricultural land.
2. Transfer of land subsidiary farming in the secondary use and rent other land users is prohibited.

Article 64. Provision of agricultural land daikhan farms

1. Agricultural land daikhan farms provided:
- land of peasant associations and other agricultural enterprises in the long-term lease;
- Of a special land fund for use.

2. Registration of land use rights and the right to lease land daikhan farms carried out in accordance with this Code. 3
. Transfer daikhan farming land into a secondary use or rental is prohibited.

Article 65. The use of agricultural land of peasant associations and other agricultural enterprises

1. Agricultural land of peasant associations and other agricultural enterprises are used for agricultural production, and can be transferred to a long-term lease for 10 years or more:
- their members;
- Agricultural joint-stock companies;
- Tenants associations;
- Daikhan farms.
2. Provision of agricultural lands of peasant associations and other agricultural enterprises in the long-term lease of the members, the agricultural joint-stock companies, associations and tenants daikhan farms carried out in accordance with this Code. Dimensions given in the long-term lease of land plots can be up to 200 hectares, taking into account preservation of the integrity of the field, as well as for the effective sharing of land tenants.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Article 66. Provision of rangelands

1. Grassland citizens and legal entities of Turkmenistan are available for grazing in the use and lease, taking into account:
- kormoёmkosti rangelands;
- Livestock;
- The watering of pastures.
2. Users and lessees of rangeland are obliged to carry out actions for their conservation and improvement, the struggle against wind and water erosion, desertification, construction and reconstruction of water sources, pasture compliance, as well as to prevent degradirovaniya pastures. 3
. Providing grazing land to citizens and legal entities of Turkmenistan for grazing in the use and lease in a manner and on terms determined by the Cabinet of Ministers of Turkmenistan.
4. Registration materials for grazing land to citizens and legal persons of Turkmenistan, as well as drafting the redistribution of pasture between them and etrap administration pasture, their improvement and watering is carried out state authority on land management on the Commission's proposals on land issues of districts (cities) and provinces It agreed with a specially authorized state body in the field of animal husbandry.


Article 67. Obligations of land owners, land users and tenants of land for the use and protection of agricultural land

Land owners, land users and land tenants, land use
agricultural purposes, are obliged to:
- to develop and implement measures for rational use of land and improvement of soil fertility;
- To implement science-based crop rotations and cropping systems, advanced technology;
- Ensure the preservation and expansion of arable land;
- Kept in good technical condition all on-farm irrigation and drainage network and the construction on it;
- Not to allow reduction of soil fertility, salinization and waterlogging of irrigated land, clogging them weeds, pollution of land and water sources;
- Prevent environmental degradation;
- To prevent desertification and land degradirovaniya pastures;
- To take other measures to increase the efficiency of the use and protection of land for agricultural purposes in accordance with this Code and other normative legal acts of Turkmenistan.

Chapter XI. forest lands, water resources and

lands of the state reserve
Article 68. Woodland Earth

1. For forest lands are lands, coated and uncoated wood, but designed for the needs of forestry.
2. Unused land for the needs of forestry in a manner prescribed by law, may be provided to citizens and legal entities of Turkmenistan for agriculture. 3
. The use of forest land in accordance with this Code and by the forest legislation of Turkmenistan.


Article 69. Water fund lands

1. By the Water Fund lands are lands occupied by waterways (rivers, canals, reservoirs, etc.) and bodies of water (lakes, reservoirs, the waters of the Turkmen sector of the Caspian Sea, etc.), hydro-technical and other water facilities, as well as land, allocated for right of way along the banks of water bodies to legal entities of Turkmenistan in accordance with the legislation of Turkmenistan.
2. On the banks of rivers, main canals and reservoirs, reservoirs and other water bodies, as well as sources for drinking and household water supply, medical, cultural and recreational needs of the population are established protection zones and coastal strips in the manner determined by the legislation of Turkmenistan. 3
. The use of water resource lands is carried out in the manner determined by this Code and the water legislation of Turkmenistan.


Article 70. Water protection zones, coastal water protection zones of water bodies

1. By the Water Protection Zone include land adjacent to the watercourses and reservoirs.
2. The composition of the water protection zone includes floodplains, terraces, large edge and slopes native shores and beams, ravines, directly discharging into the river valley. Within the protection zone along the banks of streams and reservoirs stands coastal water security strip - the territory of the strict restrictions on economic activity. 3
. The boundaries of water protection zones and coastal water protection strips, the mode of economic activity and the composition of soil and water conservation measures in their project within a defined protection zone.
Earth within a water protection zones are not withdrawn from economic use, but set specific restrictions on economic activity.
4. The boundaries of coastal water protection strips are installed in the public authority nature of land administration in accordance with the approved projects.

Article 71. State stock Earth

1. The lands of the state reserve includes all land not granted to the ownership, use and lease.
2. State land reserves are intended to provide to the ownership, use and lease to citizens and legal entities of Turkmenistan for agricultural purposes in accordance with this Code.

Chapter XII. Earth settlements (cities, towns and rural
settlements)

Article 72. Earth settlements

1. The lands of settlements (cities, towns and rural settlements) are the lands used and designed for construction and development of cities, towns and rural settlements and separated from the land below the other categories and under the jurisdiction of the relevant khyakimliks and Gengesh.
2. Dash cities, towns and rural settlements is their external borders, which separate the land from other land categories. 3
. Establishment of the city, towns and rural localities is based on the approved urban planning and land use documentation.
4. Adoption of the features of the cities, towns and rural localities in accordance with the legislation of Turkmenistan.

Article 73. Composition of lands of cities and villages

The structure of cities and towns land includes land:
- urban and village development;
- Public;
- For agricultural purposes;
- Occupied plantations;
- Industrial, transportation, communications, energy, defense and other industries located within the boundaries of cities and towns.


Article 74. Earth city and township building

1. The lands of the city and township building includes all land, built-up and provided for construction of residential, municipal, cultural, educational, industrial, commercial, administrative and other objects.
2. Earth City and village buildings are available for use by citizens and legal entities of Turkmenistan to the housing, cultural and community, industrial and other types of construction. 3
. Earth City and village buildings, temporarily not used for construction can be transferred to a public authority for the management of land for rent to citizens and legal entities of Turkmenistan for the temporary placement of stalls, kiosks, advertising and other facilities on the basis of the Commission's decisions on land issues of districts and towns .
4. Citizens and legal entities of Turkmenistan, which provided land for development, are required to build on them only those objects, the purpose and nature of which are specified in the documents for the land.

Article 75. common in Earth's cities and towns

1. For public land in cities and towns are:
- square, avenues, streets, driveways, roads, sidewalks and bosquets along roads, irrigation network, embankments, etc .;
- Land used to meet the cultural needs and recreation (parks, forest parks, boulevards, squares, etc.);
- Land household purpose (cemeteries, as well as disposal sites and waste disposal, etc.).
2. public fixed and Earth are on the balance of the relevant production units or gengesh khyakimlik city. 3
. Waterfront and shoreline waters in the towns and villages are used primarily for recreation, sport and physical activity.
4. Construction of facilities on public land only in accordance with their purpose.

Article 76. Agricultural land and other land in the cities and towns

1. For agricultural land in the cities and towns are arable land, orchards, vineyards, mulberry, berries, nurseries, plantations and other fruit-bearing plantations, pastures and hayfields.
Agricultural land can be made available for use by peasant associations, agricultural joint-stock companies and other legal entities of Turkmenistan engaged in agricultural activities for agricultural production.
2. Other lands in cities and towns include sands, salt marshes, ravines and other inconvenient.


Article 77. Land occupied plantations in cities and towns

The lands occupied plantations in cities and towns include land designated for recreation of the population, improving the microclimate, air condition, environmental conditions and sanitation of cities and towns, meet the cultural needs of the population, the protection of areas from water and wind erosion.
Within their part of the land not occupied by plantations, used to organize sports grounds and recreational areas of the population.

Article 78. Land of industry, transport, communications, energy, defense and other industries in the cities and towns

1. Lands of industry, transport, communications, energy, defense and other industries in the cities and towns are lands granted for use by citizens and legal entities of Turkmenistan for the implementation of relevant activities.
2. The list of objects to be placed on a given land area, defined in the source data when submitting applications for allocation of land. 3
. Resolution for additional facilities during their operation issued a public authority to manage land on the basis of the Commission's proposals on land issues of districts (cities).

Article 79. Provision of land in cities and towns

Provision of land in cities and towns in the ownership, use and lease to citizens and legal persons of Turkmenistan, as well as for rent to individuals and legal entities of foreign states, foreign states and international organizations shall be in accordance with this Code and other normative legal acts of Turkmenistan .

Article 80.Ispolzovanie urban land and villages

1. Earth's cities and towns are used in accordance with the general plans and zoning projects of the settlements.
2. The general plans of cities and villages of the main directions of land use of these settlements for residential, industrial and other construction, accommodation and beautification of places people rest, and in the projects zoning of their territories - the main directions and sequence of use are not subject to building or temporarily not built-up land. 3
. Outline plans and projects of zoning territories of cities and settlements approved in the order established by the legislation of Turkmenistan.

Article 81. Earth rural settlements


1. Lands of rural settlements include land within the boundaries established for these items in the order of land management and land uses located within the peasant associations and other agricultural and forestry enterprises, as well as other land settlements, not belonging to the category of towns and villages.
2. Land use in rural settlements is carried out in the manner determined by this Code and other normative legal acts of Turkmenistan.

Article 82. Provision of land in rural settlements

1. Registration materials for land ownership, use and lease within the features of villages carried out by government land management in accordance with this Code.
2. The size of land plots allocated for construction of cultural, residential and other facilities shall be determined in accordance with approved in the manner prescribed by building codes, design and planning documentation.

Article 83. Use of lands of rural settlements

Earth rural localities in accordance with the project planning and development are used:
- for construction of residential, cultural-domestic, industrial and other objects;
- For subsidiary farming - household plot;
- For temporary accommodation under lease stalls, kiosks, advertising and other facilities.

Chapter XIII. Land of industry, transport, communications,
energy, defense and other industries

Article 84. Land of industry, transport, communications, energy, defense and other industries

1. Lands of industry, transport, communications, energy, defense and other industries are lands granted for the use and lease to citizens and legal entities of Turkmenistan for the implementation of relevant activities.
2. The size of land plots allocated for these purposes, determined in accordance with approved standards, design and technical documentation, and the allotment of land is carried out to the extent of their development. 3
. The use of land for industry, transport, communications, energy, defense and other industries carried out in accordance with their purpose.


Article 85. Provision of land to enterprises, institutions and organizations for the needs of industry, transport, communications, energy, defense and other industries


1. Registration materials for the provision of land for use by enterprises, institutions and organizations for the needs of industry, transport, communications, energy, defense and other industries carried out by government land management in the manner determined by this Code and other normative legal acts of Turkmenistan.
2. Earth, provided for the security of the state, the needs of the defense and protection of state borders, have a special meaning. 3
. Earth, is not used by enterprises, institutions and organizations of industry, transport, communications, energy, defense and other industries, can be made available for temporary use or lease to individuals and legal entities of Turkmenistan for agricultural and other purposes in the manner and under the conditions prescribed by this Code.
4. Provision of legal entities of Turkmenistan land for mining is carried out after the registration of the mining lease with a condition subsequent reclamation of waste areas and compliance with the requirements of legislation of Turkmenistan in the field of nature protection.

Chapter XIV. Earth's environmental, health, recreational, historical and cultural

Article 86. environmental protection Earth

1. The lands of the nature protection purpose include lands of state natural reserves, national and dendrological parks, botanical gardens, nature reserves (except for hunting), monuments of nature, provided in accordance with the legislation of Turkmenistan Turkmenistan legal entities for the activity.
2. environmental protection of the Earth are the exclusive property of the state and have a special protection regime.
In these lands is prohibited activities contrary to their intended purpose. 3
. buffer zones can be set to ensure environmental protection regime of the land on which the prohibited activity, adversely affecting compliance with the protection regime.
4. Using environmental protection of land and establishing their protection zones made in the manner determined by the legislation of Turkmenistan.

Article 87. Earth recreational purposes

1. Lands of recreational purpose are lands that have natural healing properties and with special climatic conditions, favorable for the organization of disease prevention and treatment provided in accordance with the legislation of Turkmenistan:
legal and physical persons of Turkmenistan - for use or lease;
Foreign legal entities - for rent.

2. In order to ensure the necessary conditions for the prevention, treatment of diseases and the rest of the population, as well as protection of natural healing properties of land recreational purposes established sanitary protection zones. Within these zones prohibited the provision of land to individuals and legal entities of Turkmenistan for activities contrary to their intended purpose. 3
. Land use recreational purposes and the establishment of zones of sanitary protection are carried out in the manner determined by the legislation of Turkmenistan.
(As amended by the Law of Turkmenistan as of October 1, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 4, Article 68)

Article 88 Recreational lands

1. Lands of recreational purpose are lands granted for the organization of mass recreation, tourism and sport in the manner prescribed by the legislation of Turkmenistan:
legal and physical persons of Turkmenistan - for use or lease;
foreign legal entities - for rent.
2. Land use recreational facilities is carried out in the manner determined by the legislation of Turkmenistan.
(As amended by the Law of Turkmenistan as of October 1, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 4, Article 68)

Article 89. Earth historical and cultural

1. Lands of historical and cultural purpose include lands of historical and cultural reserves, memorial parks, burials, archeological sites, historical and cultural monuments, provided for use relevant entities of Turkmenistan.
On these lands is prohibited activities contrary to their intended purpose.
2. Using the land of historical and cultural significance in the procedure established by the legislation of Turkmenistan.

Chapter XV. State land management

Article 90. State land management

Public land management - a set of state measures to ensure compliance with the land legislation of Turkmenistan aimed at regulating land relations, organization of rational use of lands, ordering the use of land, improving the culture of agriculture, creation of favorable ecological conditions and environment improvement.

Article 91. Contents of state land

1. Public land management is divided into predictive and pre-design, inter-farm and on-farm.
2. The predictive and pre-project land management includes the development and implementation:
- state and regional programs of use and protection of land resources;

- Use patterns and protection of land resources of Turkmenistan, provinces, districts and towns, control activities, the creation of protective plantations, use and improvement of pastures;
- Land management schemes of provinces, districts and towns;
- Land zoning schemes of districts, towns and villages;
- Accommodation projects and establish the boundaries of territories with a special regime of land in accordance with the law. 3
. The inter-farm land management includes:
- establishing boundaries of districts and provinces, the features of villages, towns, cities and the city of Ashgabat;
- Drafting new and streamlining existing borders of land plots of land owners, land users and land tenants;
- Projects of land formed by the newly reorganized and peasant associations, agricultural joint-stock companies and other legal entities of Turkmenistan for agricultural production;
- Drafting of land to citizens and legal entities of Turkmenistan for non-agricultural purposes.
Inter-farm land management within the limits of districts or multiple farms is carried out in the manner determined by this Code.
Inter-farm land management projects after approval is transferred to nature (on district), showing signs of land boundaries of the established sample.
4. Farm boundary includes the organization of the territory of the peasant associations, agricultural joint-stock companies and other agricultural enterprises, daikhan farms, land owners, land users and land tenants engaged in agricultural production, with the introduction of evidence-based crop rotations.
The implementation of on-farm land management projects carried out supervision, which is an integral part of the land.
5. In order to land it can also be designed other projects related to the rational use and protection of land.
6. As a part of land management activities it provides for topographic and geodetic, cartographic, soil, geobotanical, erosion control and other surveys and studies, as well as work on the inventory, accounting and economic evaluation of land.

Article 92. The procedure for conducting the state land

State land management in the following order:
- excitement land use cases;
- Preparatory and development work;
- Drafting;
- Review and approval of the project;
- The transfer of the project in kind (on site);

- Registration and issuance of land use planning documents;
- Supervision of the implementation of projects.

Article 93. Organization of the state land

1. Public land management is conducted in a manner determined by the state body on land management.
2. Public land management is carried out by the state land management authority at the expense of the State budget.

Chapter XVI. State Land Cadastre

Article 94. The State Land Cadastre

The State Land Cadastre is a system of necessary information and materials about the natural, economic and legal status of land, categories, quantitative and qualitative characteristics and economic value, location and size of land plots, their distribution by land owners, land users and tenants of land.
State Land Cadastre includes:
- state registration of rights to land;
- Accounting of the amount and quality of land;
- Report on the availability, distribution and use of land;
- Soil evaluation and assessment of the land;
- Systematization, storage and updating of land cadastre information, creation of database on land resources.



Article 95. The procedure for maintaining the state land cadastre

1. The State Land Cadastre is carried out by a public authority for a single system at the expense of the State Budget of Turkmenistan Land Management.
2. Doing State Land Cadastre provides:
- holding aerokosmosёmochnyh, topographic and geodetic, cartographic, soil, agrochemical, geobotanical and other surveys and studies;
- Taking into account the quantitative and qualitative assessment and land;
- State registration of rights of natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations on the land;
- Drawing up reports on the availability, distribution and use of land;
- The creation and storage of computerized data bank of land cadastre information using the current survey materials of filming and land monitoring.

Article 96. Main principles of the state land cadastre

The main principles of state land cadastre are:
- completeness of coverage of all land in the territory of Turkmenistan;
- The unity of methodology development of land cadastre information;
- The accuracy of the land cadastre information;
- Availability of land cadastre data.


Article 97. The State Land report

State Land Turkmenistan report is compiled annually and includes information on the state of land in the whole country and the administrative-territorial units (velayat, Ashgabat, districts and towns), their distribution by categories, land owners, land users and tenants of land, as well as other land - cadastral information for the reporting period.
State Land report is submitted to the Cabinet of Ministers of Turkmenistan, as well as relevant ministries and agencies.

Article 98. Land Cadastre documentation

1. Types of Land - cadastral documentation:
- Land - cadastral book in peasant associations and other agricultural enterprises;
- State Land - cadastral book in etraps (cities);
- State Land Cadastre velayat, Ashgabat;
- State Land Cadastre of Turkmenistan.
2. The structure, content and procedure for conducting land-cadastral documentation established by the Cabinet of Ministers of Turkmenistan.

Article 99. The state registration of ownership of land, land use rights and the right to lease land

1. The state registration of ownership of land, land use rights and the right to lease land (except irrigated farmers' associations and other agricultural enterprises) natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations is carried out at the location of the land with introducing corresponding data in the state land cadastre district of the book (the city) in the state body on land management in the manner prescribed by law. ".
State registration pursuant to Regulation on land are documents proving that modify or terminate those rights.
2. Document certifying the right to land plots are:
- on private ownership of the land - the State act on the ownership of land;
- Land use right - State act for the right to use the land;
- The right to lease the land plots - Certificate for the right to lease land. 3
. The right of private ownership of land and land use rights shall be entered in a public register.
(As amended by the Law of Turkmenistan on March 30, 2007 -. Bulletin of the Mejlis of Turkmenistan of 2007, number 1, Article 39)

Chapter XVII. Land protection



Article 100. Goals and objectives of land protection


1. Land protection includes a system of legal, organizational, economic, technological and other measures aimed at their target, rational use, to prevent unwarranted land seizures from use in agricultural turnover and from the lands of specially protected areas, protection from harmful anthropogenic impacts, as well as reproduction and improving soil fertility, productivity of forest land.
2. Land protection is based on an integrated approach to land resources, taking into account their zonal and regional peculiarities. 3
. Activities aimed at the rational use of land, are conservation, resource saving character and provide soil conservation, limiting the impact on the environment, flora and fauna, mineral resources and others.

Article 101. Content and procedure for land protection

Land owners, land users and tenants of land in their economic activities should ensure:
- rational organization of the territory;
- Restoration and improvement of soil fertility, as well as other land properties;
- Protection of lands from water and wind erosion, desertification, mudslides, flooding, swamping, secondary salinization, desiccation, compression, pollution production and consumption wastes, chemicals and radioactive substances, as well as other processes of destruction;
- Protection from overgrowth of irrigated land weeds, shrubs and low forests, from other processes of deterioration of cultural and technical condition of land;
- Conservation of degraded lands, if otherwise impossible to restore soil fertility;
- Land reclamation, removal, preservation and use of topsoil in the works related to the violation of land.

Article 102. The environmental requirements for the placement, design, construction and commissioning of facilities, buildings and structures

1. During placement, design, construction and commissioning of new and reconstructed facilities, buildings and structures, as well as the introduction of new techniques and technologies, negatively affecting the condition of the land, must be provided and implemented measures for land conservation to ensure compliance with environmental, health and sanitation and other special requirements (norms, rules, standards).
2. Evaluation of the negative impact of the input object or technology implemented on the land, and the efficiency of the planned measures on land use and protection is based on environmental impact assessment.
3
. Commissioning of facilities, buildings and structures, as well as the introduction of new technologies without measures of protection of land from degradation or violations and the endorsement of the environmental impact assessment is prohibited.
4. Accommodation on the land sites, buildings and structures, as well as the introduction of new technologies affecting the condition of land in the property, use and rent of physical persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations agreed with the state body on land management, environmental and other authorities on the terms and conditions determined by the legislation of Turkmenistan.


Article 103. Economic incentives for rational land use and protection

1. Economic incentives for rational land use and protection aimed at increasing the interest of land owners, land users and land tenants in the preservation and reproduction of soil fertility, protection from adverse effects of industrial and other activities and includes:
- exemption from payment for the use of land, are in the process of agricultural development or improvement of their condition, in the period envisaged by the project works;
- The provision of concessional loans;
- Partial compensation for lost income as a result of temporary conservation violated no fault of their own land;
- Encouragement for improving the quality of land, improving soil fertility, production of environmentally friendly products;
- The allocation of earmarked funds for the restoration of land disturbed not their fault.
2. Economic incentives for rational land use and protection is carried out in the manner prescribed by the legislation of Turkmenistan.

Chapter XVIII. State control over the use and
protection of land. Following the developments taking place
able to land (monitoring)


Article 104. The main tasks of the state control over land use and protection

The main tasks of the state control over land use and protection are:
- ensuring that all state power and administration bodies, bodies of local executive authorities and local governments, individuals, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations, the requirements of land legislation of Turkmenistan;
- Ensuring the implementation of state policy in the sphere of protection and rational use of land;

- Prevention of violations of the legislation of Turkmenistan in the sphere of land use and protection, identification of such violations and take appropriate measures to address them;
- Enforcement of land owners, land users and tenants of land standards and regulations stipulated by the legislation of Turkmenistan in the sphere of land use and protection, pollution prevention and reduction of soil fertility, deterioration of flora and fauna, water bodies and other natural resources .

Article 105. Basic principles of state control over land use and protection

The main principles of state control over land use and protection are:
- ensuring the rational use and protection of land as the main national wealth that is under special state protection;
- The priority of environmental safety in the use of land resources over economic interests;
- Full compensation for harm caused to the environment as a result of violations of land legislation of Turkmenistan;
- A combination of economic incentives and responsibilities in the field of land use and protection.


Article 106 of the earth as an object of state control and protection

The object of state control over land use and protection are all land within the territory of Turkmenistan, given the ownership, use and lease to individuals and legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations, regardless of ownership and departmental affiliation .



Article 107. Bodies exercising state control over land use and protection

1. State control over land use and protection by government authorities on land management.
2. The state body on land management, exercising state control over land use and protection, controls for:
- using all the land for its intended purpose;
- Observance of state power and administration bodies, bodies of local executive authorities and local governments, natural and legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations, the legislation of Turkmenistan on the use and protection of lands;
- Non-admission of unauthorized occupation of land plots;

- The implementation of land management projects and other projects on the use and protection of land;
- Reclamation of disturbed lands;
- Timely return of temporarily occupied land;
- A timely and proper conduct of land owners, land users and tenants of land organizational-economic, agronomic, agroforestry and other measures to restore and maintain soil fertility;
- Timely provision of the relevant authorities, land owners, land users and land tenants information on the availability, condition and use of land;
- Established safety marks land boundaries;
- Compliance with the requirements of environmental mode of land use;
- Timely and quality implementation of measures to improve the land, prevention and mitigation of soil erosion, salinization, waterlogging, desertification, littering, pollution and other processes that cause land degradation;
- Non-admission of transactions that violate property rights, land use and land rent;
- Ecological environment of land;
- The legality of the institutions of state power and administration, local executive authorities and local self-government in the field of land legislation of Turkmenistan solutions. 3
. The functions of the state body on land management, exercising state control, and includes other issues provided for by the legislation of Turkmenistan.

Article 108. The procedure of state control over land use and protection

The state body on land management, exercising state control over land use and protection, within its competence:
- carries out checks on the target land use and protection of land owners, land users and tenants of land;
- Of protocols (acts) of violations of land legislation of Turkmenistan;
- Makes mandatory for all natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations indication (instruction), aimed at addressing the causes and conditions of violations of land legislation of Turkmenistan;

- Attracts the guilty officials, individuals and legal entities of Turkmenistan and foreign countries to administrative responsibility, to sue for damages caused to the violation of land legislation of Turkmenistan sends submission to the relevant authorities to bring the perpetrators to justice;
- Submits proposals to the Cabinet of Ministers of Turkmenistan on the suspension or withdrawal of the action in the territory of Turkmenistan and other normative acts of ministries and departments, as well as making khyakimliks regions and Ashgabat, districts and towns on land issues, contrary to the land legislation of Turkmenistan;
- Unimpeded visits and conducting a survey of land owners, land users and tenants, and the land plots allocated for defense and other special needs, - taking into account the established regime;
- Suspend industrial, civil and other construction, development of mineral deposits, exploitation of objects, carrying out agronomic, forest reclamation, exploration, prospecting, geodetic and other works without documents certifying the corresponding right to the ground, as well as in violation of the land legislation of Turkmenistan;
- Receives from individuals, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations the necessary information on the use and protection of land, hear reports and reports on these matters managers of enterprises, institutions and organizations, regardless of ownership and departmental affiliation, as well as citizens - owners of land plots;
- Participates in the acceptance into operation of newly developed irrigated, reclaimed, improved and reclaimed land, planting shelterbelts, erosion of hydraulic structures and other facilities;
- Carries out other measures in accordance with the law.

Article 109. Land reclamation

1. Land reclamation - is a complex engineering, land reclamation, agronomic and other measures to restore the biological productivity of land.
2. Earth, disturbed as a result of mining and construction of various facilities, subject to reclamation. 3
. Land reclamation is carried out at the expense of owners, land users and land tenants, as a result of industrial activity which violated the integrity of the topsoil.

Article 110. Monitoring the changes in the state of the land (monitoring)


1. Monitoring of the (monitoring) taking place in the state land is a system of measures to monitor the changes arising from the use of land resources of Turkmenistan, assessment and prediction of their condition in order to create the conditions for rational land use, reproduction, fertility, as well as the preservation of the natural environment.
2. Monitoring the changes in the state of the land (monitoring), carried out a state body on land management in the manner determined by the Cabinet of Ministers of Turkmenistan, at the expense of the State budget.

Chapter XIX. Compensation for damages caused by land owners, land users and tenants of land and loss of agricultural and forestry production

Article 111. Compensation for damages caused by withdrawal or temporary occupation of land plots, as well as the restriction of the rights of land owners, land users and land tenants

1. Losses (including lost profits) caused to the withdrawal or temporary occupation of land owners, land users and land tenants or deterioration of land quality as a result of natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations, non-refundable in size, determined by the Commission on land issues of districts (cities).
2. Indemnification is made:
- natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations which are assigned the land plots;
- Natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations, whose activity has caused the restriction of the rights of land owners, land users and land tenants or deterioration of land, in the manner determined by the legislation of Turkmenistan. 3
. Register ownership of land, land use and land lease with the issuance of the relevant documents produced after the damages and losses of agricultural and forestry production.


Article 112. Compensation for losses of agricultural and forestry production


1. Losses of agricultural and forestry production, caused by the removal of agricultural and forest land to be used for purposes not related to agriculture and forestry, the restriction of the rights of land owners, land users and land tenants or deterioration of land quality, non-refundable.
2. These losses are compensated:
- natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign states and international organizations that provide withdrawn agricultural and forest lands for purposes not related to agriculture and forestry;
- Natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations, around which installed security facilities, sanitary and protection zones with the exception of the turnover of agricultural and forest land, or transfer them to less valuable land.
The procedure for determining the size of the losses of agricultural and forestry production to be recovered, as well as the list of persons exempt from the reimbursement shall be determined by the Cabinet of Ministers of Turkmenistan. 3
. The funds formed due to loss compensation are sent:
- a special account of the state body on land management - from the loss of agricultural production;
- The State Fund of Nature Protection of Turkmenistan - from forestry production losses.

Chapter XX. Resolution of land disputes

Article 113. Bodies to allow land disputes

Authority allowing land disputes are the Cabinet of Ministers of Turkmenistan, the State agency for land management, local executive authorities and local self-government and Kazyet.

Article 114. Resolution of property disputes related to land relations

Property disputes related to land relations are settled kazyets Turkmenistan.

Article 115. Execution of decisions on land disputes

Execution decision on the land dispute rests with the state body responsible for land management and other authorities referred to in the decision. Appeal of a decision does not suspend its execution.

Chapter XXI. Responsibility for violation of land legislation of Turkmenistan


Article 116. Invalidity of transactions violating the land legislation of Turkmenistan


1. Transactions related to land (sale, donation, pledge, exchange, etc.) is prohibited and will be void, and the perpetrators of such transactions shall be liable in the manner prescribed by the legislation of Turkmenistan.
2. Land can not be pledged in the relationship between citizens and legal entities of Turkmenistan to citizens and legal entities of foreign states, as well as with foreign states and international organizations.

Article 117. Responsibility for violation of land legislation of Turkmenistan

1. Persons guilty of violating Article 116 of this Code, as well as:
- squatters;
- Illegal transfer of land in private ownership, use and lease;
- Illicit transfer and illegal use of land obtained on lease;
- Damage to agricultural and other land, pollution of industrial waste, sewage and other harmful substances;
- Design, location, construction, commissioning of facilities, negatively affecting the condition of land;
- Non-compliance with the requirements of environmental mode of land use;
- Use of land not for its intended purpose;
- Failing removal, storage and application of topsoil;
- Untimely return of temporarily occupied land or neglect to bring them to a condition suitable for the intended use;
- The destruction of the established signs of land boundaries;
- Distortion of information on the use and protection of land;
- Mismanagement of land use;
- Unauthorized change of land management projects;
- Use of shifting cultivation;
- Damaged natural grasslands, are responsible in accordance with the law.
2. The legislation of Turkmenistan may establish liability for other violations of land legislation of Turkmenistan.

Article 118. Return of squatted land

1. Unauthorized occupation of land to be returned to their owners without compensation costs, produced for the illegal use of land. Bringing land into usable condition, including demolition sites, is made by natural persons, legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations, without permission occupied land.

2. Return of unauthorized occupation of land made in the manner prescribed by law, by order of the state body on land management.

Article 119. Withdrawal of the land plot for the systematic violation of the rules of use of land

1. For systematic violations of rules for use of the land plots of land owners, land users and land tenants subject to seizure.
2. Withdrawal of land plots for systematic violations of rules for use of the land is made in the manner determined by this Code and other normative legal acts of Turkmenistan.

Article 120. Penalties for violation of land legislation of Turkmenistan

Penalties to the land owners, land users and tenants of land used in cases of:
- mismanagement of land use, failure to mandatory measures to improve the protection of land and soil from wind and water erosion and other processes worsening condition of soil, breach of the removal and storage of topsoil during land reclamation, use of shifting cultivation, use of land not for its intended purpose;
- Damage to or destruction of topsoil, land contaminated by chemical or radioactive substances, bacterial and parasitic and quarantine of animals and plants, industrial and household waste, sewage;
- Non-compliance of environmental mode of land use, violation of conditions of return temporary occupied lands or neglect to bring them to a condition suitable for the intended use;
- Commissioning of facilities, negatively affecting the condition of land and ecological conditions of the environment;
- Deviations from the approved projects in the prescribed manner farm land without proper authorization;
- Distortion state registration information, accounting and valuation of land;
- Destruction of the established signs of land boundaries;
- Unauthorized occupation, plowing and sowing of land located in the use of public or non-public enterprises and organizations, as well as the unauthorized exchange of land or other actions violating the land legislation of Turkmenistan;
- Violation of the rules on grazing lands of peasant associations and other agricultural enterprises, as well as on the lands of the state reserve;
- Failure to land owners, land users and tenants of land measures to combat weeds.

2. Penalties for violation of land legislation of Turkmenistan impose state authority on land management in the manner determined by the legislation of Turkmenistan.
(As amended by the Law of Turkmenistan on March 1, 2014 - Bulletin of the Mejlis of Turkmenistan, 2014, number, art.)

Article 121. Compensation for damage caused as a result of violations of land legislation of Turkmenistan

Physical and legal persons of Turkmenistan and foreign countries, as well as foreign governments and international organizations are required to reimburse in full the damage caused by them as a result of violations of land legislation of Turkmenistan.

Article 122. The responsibility of officials for violation land legislation of Turkmenistan

Officials who violate land legislation of Turkmenistan decisions on land issues, have a responsibility in the manner prescribed by the legislation of Turkmenistan.


President Saparmurat
Turkmenistan, Turkmenbashi


Appendix to the Code of Turkmenistan "On the ground»

Excerpts from the Criminal Code of Turkmenistan

Article 181-1. Illegal transfer of land

(1) Illegal transfer to private ownership, lease or use of land owned by the state, an official from mercenary or other personal interest, is punishable by a fine of fifty to one hundred monthly wage or imprisonment for up to one year.
(2) The same act, if committed:
a) repeatedly;
B) a group of persons by prior conspiracy,
punished by imprisonment for a term up to three years with deprivation of the right to occupy certain positions or engage in certain activities for up to three years.

Article 181-2. Illegal transfer of land for rent

(1) Illegal transfer of land owned by the state, an official from mercenary or other personal interest in leasing or use without registration of the relevant documents, or by inclusion in the documents of false information,
punished by imprisonment for one year with disqualification to hold certain positions or engage in certain activities for up to three years.
(2) The same act, if committed:
a) repeatedly;
B) a group of persons by prior conspiracy,
punished by imprisonment for three years, with disqualification to hold certain positions or engage in certain activities for up to three years.

Article 317-1. Squatters


Unauthorized seizure, plowing and sowing land in use Peasants, other public associations, as well as state-owned enterprises, institutions, organizations,
punishable by a fine in the amount of from twenty to fifty monthly wages with confiscation of harvest or imprisonment for up to three years.

Extracts from the Code of Administrative Offences of Turkmenistan

Article 52-1. The illicit transfer and illegal use
land, resulting in rent

The illegal transfer of land to the person who received it in the rent and other illegal use of her face
punishable by a fine of up to ten monthly wage.


Turkmen President Saparmurat Turkmenbashi