Approving and enacting the code of Turkmenistan "on the ground" (records of the Mejlis of Turkmenistan, 2004, no. 4, art. 33) article 1. Approve the code of Turkmenistan "on the ground".
 
Article 2. Enter code of Turkmenistan "on the ground" with the November 1, 2004 year.
 
Article 3. Void with November 1, 2004 year: land code of the Turkmen Soviet Socialist Republic and the Decree of the Supreme Council of the Turkmen Soviet Socialist Republic "on introduction of the land code of the Turkmen Soviet Socialist Republic, adopted by the Supreme Council of October 12, 1990 year of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Soviet, 1990, no. 19-20, art. 201, 202);
The Turkmen Soviet Socialist Republic law "on amendments to the land code of the Turkmen Soviet Socialist Republic, adopted by the Supreme Council May 30, 1991 year of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council, 1991, no. 9-10, art. 106);
The law of Turkmenistan "on lease of land by foreign States", approved by the Majlis of Turkmenistan, November 24, 1995 onwards (statements of the Mejlis of Turkmenistan, 1995, no. 3, p. 43);
The law of Turkmenistan "on the granting of land in ownership of citizens for conducting a commodity agricultural production", which was adopted by the Majlis of Turkmenistan, December 20, 1996 GODA (Statements of the Mejlis of Turkmenistan, 1996, no. 4, p. 63).
 
Article 4. The code of Turkmenistan "on Earth" applies to legal relationships arisen after its entry into force.
On legal relationships arising before the entry into force of the code of Turkmenistan "on land", its provisions apply to those rights and obligations that arose after November 1, 2004 year.
 
Article 5. Pending the bringing of normative legal acts of Turkmenistan in accordance with the code of Turkmenistan "on the ground" normative and legal acts of Turkmenistan shall apply insofar as they are not contrary to the common law of Turkmenistan "on the ground".
Normative legal acts on the issues, which according to the code of Turkmenistan "on the ground" can be regulated only by law, apply pending the adoption and entry into force of the relevant laws.
 
Article 6. The Cabinet of Ministers of Turkmenistan brought into line with the code of Turkmenistan "on the ground" the normative legal acts of the Cabinet of Ministers of Turkmenistan and other government authorities authorized the adoption of regulatory legal acts.
 
Article 7. Ministry of Turkmenistan's Adalat a month to prepare and make the Turkmen Parliament proposals on amendments and additions to legislation of Turkmenistan deriving from the Code of Turkmenistan "on the ground".
 
Article 8. The Cabinet of Ministers of Turkmenistan, the Turkmen ministries and departments, local authorities and bodies of local self-government, to implement a set of measures aimed at the practical implementation of the Code of Turkmenistan "on the ground" and compliance with its requirements.
 
The President of Turkmenistan, the President of Turkmenistan, Saparmurat Turkmenbashi Turkmenistan mountains. Ashgabat, October 25, 2004 year.
# 243-p CODE of TURKMENISTAN "on Earth" this code in accordance with the Constitution of Turkmenistan and socio-economic programmes of President Saparmurat Turkmenbashi the great of Turkmenistan defines the legal framework of realization of the State policy in the sphere of land relations and aimed at creating conditions for the rational use and protection of land, environmental protection and improvement Wednesday, agricultural production, the use of various forms of economy on Earth, encouraging free enterprise on the territory of Turkmenistan.
 
Chapter I substantive provisions Article 1. Land Land in Turkmenistan in Turkmenistan is the heritage of the Turkmen people, is under the protection of the State and is the efficient and effective management.
 
Article 2. Land legislation of Turkmenistan 1. Land legislation of Turkmenistan is based on the Constitution and consists of the present code and other normative legal acts of Turkmenistan, regulating land relations.
2. If the international treaties to which Turkmenistan is a party establishes other rules than those stipulated by the present Code, the regulations of the international agreements.
3. normative legal acts regulating land legal relations shall be based on this code and can not contradict its provisions. In the case of such contradictions, the provisions of this code.
4. In land matters any concepts, defined by the provisions of the civil and land legislation of Turkmenistan, have the importance attached to them by the land legislation of Turkmenistan, unless otherwise stipulated by this code.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 3. The scope of this code this Code regulating land relations, applies to natural persons, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations.
 
Article 4. The tasks of the land legislation of Turkmenistan Tasks land legislation of Turkmenistan are:-regulation of land relations in order to implement activities aimed at the rational and efficient use of land resources;
-the implementation of the State programme on the use and protection of land resources;

-the establishment of arrangements for public land management, maintenance of the State land cadastre and land monitoring;
-definition of grounds for emergence, change and termination of ownership rights to land, land tenure and land lease;
-the definition of the modalities for the implementation of the rights and duties of landowners, land managers and lessees of land;
-providing activities for improving soil fertility and conservation of natural Wednesday;
-creation of conditions for the equitable development of all forms of economy on Earth.
 
Article 5. State guarantees in the sphere of land relations State guarantees in the sphere of land relations include:-integrity, inviolability and inalienability of the territory of Turkmenistan;
-implementation of the State policy in the sphere of land relations;
-implementation of the legal action, economic, organizational, technical and other activities in the sphere of land relations;
-protection of rights and legitimate interests of landowners, land managers and lessees of land;
-ensuring the participation of stakeholders in the preparation of proposals for the rational use and protection of lands;
-environmental security in the sphere of land relations;
-provision in the order established by the legislation of Turkmenistan, interested persons information on the availability, condition, use and protection of lands;
-carrying out of works on public land, the maintenance of the State land cadastre and land monitoring;
-realization of State monitoring of compliance with the land legislation of Turkmenistan;
-protection of the interests of the State on land issues in the field of international cooperation.
 
Chapter II. The Land Fund of Turkmenistan Article 6. Categories of land the Land Fund of Turkmenistan in accordance with purpose is divided into the following categories: (a) agricultural land);
b) lands of the forest fund;
in) water fund lands;
g) State land reserve;
d) land settlements (cities, towns and rural settlements);
e) land of industry, transport, communication, energy, defense and other industries;
f) Earth environmental, health, recreational, historical and cultural destination.
 
Article 7. Procedure for rating of lands to categories and their transfer from one category to another land Allocation to the categories of the Land Fund of Turkmenistan referred to in article 6 of this code, and a translation from one category to another, shall be made in accordance with their special-purpose designation in the manner determined by the present code and other normative legal acts of Turkmenistan.
 
Article 8. Special land funds 1. In order to provide land in private ownership for a personal part-time farm, rural individual housing construction in cities and in the use of private farms for agricultural production are special land funds. The materials of these funds considered by commissions on land districts (cities), regions (Ashgabat), public authority for land management and the State Committee on land issues.
2. special land funds are created from the lands of the State reserve land, peasant associations, other agricultural enterprises, cities and towns, as well as unused land other land users.
3. special land funds approved by the Cabinet of Ministers of Turkmenistan.
(As amended by the Act of February 28, 2015 year-statements of the Mejlis of Turkmenistan, 2015, no. 1, p. 37), chap. III. State regulation in the sphere of land relations Article 9. State regulation in the sphere of land relations of State regulation in the sphere of land relations are regulated by the Cabinet of Ministers of Turkmenistan, State Agency for land management, local executive authorities and bodies of local self-government.
 
Article 10. The powers of the Cabinet of Ministers of Turkmenistan in the sphere of land relations of the Cabinet of Ministers of Turkmenistan:-ensure the implementation of a uniform State policy in the sphere of land relations;
-approve State targeted programmes for the rational use of land, improving soil fertility, protection of land resources in conjunction with other environmental activities;
-coordinates the activity of State bodies and services providing rational use and protection of lands;
-generates the State system for regulating and stimulating activities on rational use and protection of lands;
-manages the land trust fund of Turkmenistan;
-on presentation of the Public Land Commission takes decisions on the granting of land in ownership, use and lease;
-withdrawal of lands for the State and public needs of all categories of land, regardless of the size of the land plot;
-approve the forms of documents attesting to the right to land ownership, the right to use the land and leasehold land;
-sets restrictions on the rights of the owners of land plots, land managers and lessees of land;

-establishes the procedure for conducting State land administration, land cadastre and land monitoring;
-approves the charging of fees for land and providing benefits for these payments;
-establishes standards and procedure for compensation of agricultural and forestry production;
-determines the procedure for State control of rational use and protection of lands;
-approves the procedure and conditions for the granting and withdrawal of land;
-approve the annual report on the availability, distribution and use of the Land Fund of Turkmenistan;
-approves the special land funds;
-considers and decides to land disputes;
-solves other questions related to land relations.
 
Article 11.  Powers of public authority on land administration 1. Public authority for land administration and its bodies on the ground:-implements State policy carried out in the sphere of land relations;
-carries out the State control over the rational and efficient use and protection of land resources;
-leads the State land cadastre and land monitoring;
-creates and maintains a single computerized data bank on the availability and status of land resources;
-carries out works on public land, as well as topographic and geodetic, soil, geobotanical, cartographic and other survey and survey work;
-accepts applications from citizens of Turkmenistan and petitions from legal entities of Turkmenistan on the granting of land in use and lease, prepares materials thereon for consideration by the Commission on land issues etrap (City), the velayat and Ashgabat;
-prepares materials on the granting of land to individuals, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations;
-carries out State registration of land ownership, land use rights and leasehold land, as well as issuing documents attesting to these rights, in accordance with the legislation of Turkmenistan;
-examines the programmes, schemes and projects in part of the rational use and protection of lands;
-arranges for the collection and analysis of data on lands granted to natural persons, legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations;
-develops proposals on forecasting and advance the use of cultivable land under irrigated agriculture as well as pastures for transhumance;
-carries out work to identify unused land and land used in violation of land legislation of Turkmenistan;
-performs organizational, technical and other measures aimed at the rational and efficient use of land resources;
-gives you permission to use the land for prospecting work;
-adopts regulations on land issues, binding land owners, land users and tenants of land;
-introduced in Cabinet of Ministers of Turkmenistan proposals on payment for land, improvements to land legislation of Turkmenistan, suspension or cancellation of normative legal acts of ministries and departments, as well as the decisions of the khyakims regions and Ashgabat, etraps and towns, gengeša, and orders the archins, contrary to the land legislation of Turkmenistan;
-monitors the land legislation of Turkmenistan during construction and reconstruction of industrial objects and other appointments, conduct geological prospecting, exploration and other work;
-submits to the State Commission on land issues materials with the conclusion on the granting of land in ownership, use and lease;
-is the annual report on the availability, distribution and use of the Land Fund of Turkmenistan;
-considers and decides to land disputes;
-solves other questions in the sphere of land relations, assigned to its jurisdiction by this code.
2. the activities of the public authority for land management is carried out in accordance with the present code and the Statute on this body, approved by the Cabinet of Ministers of Turkmenistan.
 
Article 12. Powers of the local regions and Ashgabat in the sphere of land relations 1. Municipality of regions and Ashgabat in the subordinated territories:-implement State policy in the sphere of land relations;
-provide for the rights and legitimate interests of landowners, land managers and lessees of land;
-carry out the control over rational use and protection of land resources;
-create Commission velayats, Ashgabat on land issues and provide their activity;
-represent the higher public authorities proposals on administrative-territorial structure of velayat, Ashgabat, for the maintenance of the State land cadastre and land management, as well as education special land fund;
-assist in the conduct of the State land administration, land cadastre and land monitoring;
-control the charging of fees for land;
say the annual report on the availability and distribution of land;
-consider and decide land disputes;

-decide the other issues in the sphere of land relations between this code to their powers.
2. Hakimlik Ashgabat adopts decisions on the granting of land ownership to the families of the citizens of Turkmenistan Ashgabat city limits for individual housing construction.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 13. Powers of local administration etrap (City) in the sphere of land relations Units etraps (cities) on the subordinated territories:-implement State policy in the sphere of land relations;
-provide for the rights and legitimate interests of landowners, land managers and lessees of land;
-carry out the control over rational use and protection of land resources;
-create Commission districts (cities) on land issues and provide their activity;
-represent the higher public authorities proposals on administrative-territorial structure of etrap (City), for the maintenance of the State land cadastre and land management, as well as education special land fund;
-assist in the conduct of the State land administration, land cadastre and land monitoring;
-control the charging of fees for land;
say the annual report on the availability and distribution of land;
-consider and decide land disputes;
-decide on the granting of land ownership to the families of the citizens of Turkmenistan for conducting a personal part-time farm-Homestead plot and individual housing construction;
-decide the other issues in the sphere of land relations, referred this code to their powers.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 14. Powers in the sphere of land relations of the Gengeshi Gengeshi on their territories:-provide for the rights and legitimate interests of landowners, land managers and lessees of land;
-carry out the control over rational use and protection of land resources;
-take applications from citizens of Turkmenistan on the granting of land to their families for conducting a personal part-time farm-Homestead plot and individual housing construction;
-provide maintenance of farmers ' associations and other agricultural enterprises of land cadastre books.
 


Article 15. Commission on land issues

 
1. for its consideration of land issues are created:-State Commission on land issues;
-Commission on land issues of the velayat, city of Ashgabat;
-Commission on land issues etrap (City).
2. the State Commission on land and its membership shall be approved by the Cabinet of Ministers of Turkmenistan and the regulations on commissions on land issues velayats, Ashgabat, etraps and towns and their compounds with corresponding scale.
 
Chapter IV. The granting of land to individuals, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations Article 16. The granting of land to individuals, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations 1. Turkmen citizens willing to get land, serves a statement to that effect on the location of the plot: a) ownership-for conducting a personal part-time farm-home of the land plot and individual housing in local councils, in etrap hakimlik;
b) in use in the relevant State authority on land administration;
rent:)-irrigated land is in the peasant Association and other agricultural enterprise;
-for non-agricultural purposes-to the appropriate public authority for land management.
2. legal entities of Turkmenistan need to provide land for usufruct or lease, excite about this petition to the relevant authorities for land management at the location of the land.
3. In the statements of citizens and legal persons of Turkmenistan on motions granting lands must be specified designation, dimensions and location of the requested land plot with the application documents, confirming the need to provide land.
4. procedure for the consideration of applications and petitions from citizens and legal persons of Turkmenistan for ownership, use and lease of land established by the Cabinet of Ministers of Turkmenistan.
5. citizens and legal persons of foreign States, as well as foreign States and international organizations that had expressed their wish to in obtaining land, serves on the petition to the Cabinet of Ministers of Turkmenistan.
6. the granting of land for use by citizens and legal persons of Turkmenistan is based on the decision of the Cabinet of Ministers of Turkmenistan.
7. the granting of land to the families of the citizens of Turkmenistan for conducting a personal part-time farm-Homestead plot and individual housing construction is in accordance with the decisions of the municipality (City) etrap, Ashgabat.

8. Decoration materials on providing land plots with the issuance of titles of ownership, the right to use and the right to lease land for non-agricultural purposes, as well as State registration of these rights are exercised by a public authority on land administration in the order determined by the legislation of Turkmenistan.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 17. Forms of land use

 
1. Lot lands can be given in the ownership, use and lease.
2. ownership of land can be granted to citizens of Turkmenistan.
3. permanent or temporary (up to 39 years) use of land can be made available to citizens and legal persons of Turkmenistan.
4. Rent a plot of land may be granted to natural persons, legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations.
(As amended by the Act of February 28, 2015 year-statements of the Mejlis of Turkmenistan, 2015, no. 1, art. 37) article 18. Types of land use Turkmen citizens to citizens of Turkmenistan plots in the manner prescribed by the legislation of Turkmenistan may be granted for:-conducting a personal part-time farm in rural homestead land;
-individual housing construction in cities and villages;
-agricultural production-land peasant associations and other agricultural enterprises under long-term leases with subsequent transfer of ownership to tenants, effectively use land;
-official wore;
-grazing;
-haymaking;
-construction and agricultural purposes when carrying out entrepreneurial activity;
-placement of temporary objects non-agricultural purposes.
(As amended by the Act of February 28, 2015 year-statements of the Mejlis of Turkmenistan, 2015, no. 1, art. 37) article 19. Types of land use legal entities legal entities of Turkmenistan Turkmenistan plots in the manner prescribed by the legislation of Turkmenistan may be granted for:-agricultural production;
-conducting a subsidiary agriculture;
-placing temporary structures;
-transhumance;
-construction;
-development of minerals;
-other non-agricultural purposes.
 
Article 20. Uses of land by foreign citizens and legal entities, as well as foreign States and international organizations, foreign citizens and legal entities, as well as to foreign States and international organizations of lot lands can be given only for:-the construction of facilities and other non-agricultural purposes;
-placement of temporary objects.
 
Article 21. The emergence of land ownership, land use rights and the right to lease the land ownership of the land, the right to land and the right to rent the land arose after the establishment of the State Agency for land administration land borders in kind (on the ground) and the issuance of identity documents.
 
Chapter v. land ownership Article 22. Land, State owned 1. All the lands of Turkmenistan except lands granted private ownership of citizens of Turkmenistan are State-owned.
2. the lands granted to the State reserves, as well as other lands specially protected natural territories, are exclusively owned by the State.
 
Article 23. Private ownership of land in private ownership of citizens of Turkmenistan plots may be granted for:-conducting a personal part-time farm in rural homestead land;
-individual housing construction in cities and villages;
-agricultural production-land peasant associations and other agricultural enterprises, previously used under long-term lease in accordance with the decisions of the President of Turkmenistan.
 
Article 24. The emergence of private ownership of land 1. The right to private property of citizens of Turkmenistan on the Earth occurs in accordance with the present code and other normative legal acts of Turkmenistan in the granting of lot lands in private property and as a result the civil-legal transactions with the transition of ownership of the residential building or structure of another citizen of Turkmenistan, as well as acquiring ownership rights in the order pravopriemstva.
2. provision and transfer of ownership to the land plot is carried out taking into account the purpose of the land.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 25. Granting of lot lands in private property of citizens of Turkmenistan for conducting a personal part-time farm-home of the land plot
 

1. The families of members of peasant associations, workers of other agricultural and forestry enterprises, as well as to the families of teachers, doctors and other professionals whose work is related to data services to the rural population households, families, pensioners and retired immediately after working in these farms, and disabled people living in the countryside, provided land in the Manor of private property with right of survivorship for conducting a personal part-time farm of special land fund amounting to 0.16 hectare, taking into account the availability of land and water resources including area taken under a residential house and household buildings without the right sale, gift, Exchange and collateral.
2. In densely populated districts (cities) with insufficient land and water resources management, in consultation with the State Agency for land management, based on the decision of the Commission on land issues the corresponding velayat land for conducting a personal part-time farm below a specified size can be provided, but not less than 0.12 hectares per family.
3. The family referred to in paragraph 1 of this article, in need of receiving the homestead land in private ownership with right of survivorship serves about this statement in the local Council.
4. Homestead land in the manner prescribed by the legislation of Turkmenistan, is used for conducting a personal part-time farm, construction of residential houses and outbuildings.
(As amended by the Act of March 26, 2016-statements of the Mejlis of Turkmenistan, no. 2016 _ calendar _) article 26. Granting of lot lands in private property of citizens of Turkmenistan for individual housing Families of Turkmen citizens living in cities and townships, are private property with right of survivorship plots for individual housing construction and maintenance of a dwelling house of special land fund in the amount of up to 0.10 hectares based on the availability of land resources, without the right to sale, gift, Exchange and collateral.
 
Article 27. Granting of lot lands in private property tenants-to citizens of Turkmenistan for agricultural production to tenants-to citizens of Turkmenistan, its own equipment and means of ensuring the effective use of leased land within 10 years, and received the high yields of crops, by decision of the President of Turkmenistan plots of up to 3 hectares can be transferred into private ownership for agricultural production from previously used by them under long-term leases land peasant associations and other agricultural enterprises.
 
Article 28. The rights of the owners of land plots of Turkmen citizens-owners of land have the right to:-alone to farm on land in accordance with its purpose;
-property on crops and plantations, produced agricultural products and income from its implementation;
-use in the manner prescribed by the legislation of Turkmenistan, for the needs of the economy are available on land obŝerasprostranënnye minerals;
-carry out irrigation and agrotechnical and melioration work;
-receive water for crop irrigation, plantations and other purposes from irrigation sources in accordance with the established limits;
-erect in the manner prescribed by the legislation of Turkmenistan, residential, manufacturing, welfare and other objects, as well as to undertake their reconstruction and demolition in accordance with the purpose of land;
-in case of withdrawal land for State and public needs to get in order established by the legislation of Turkmenistan, compensation for incurred losses;
-have other rights in accordance with the legislation of Turkmenistan.
 
Article 29. Duties of owners of land, the citizens of Turkmenistan-land owners must:-rational use of land in accordance with the purpose, increase soil fertility, implement environmental measures to prevent environmental degradation and depletion of natural resources as a result of its economic activities;
-implement a series of measures to protect lands, as provided for in the present code and other normative legal acts of Turkmenistan;
-to make timely payments for the land;
-do not violate the rights of other owners of land as well as land managers and lessees of land;
-to submit in due time to the competent State agencies, information about the State and use of land in the prescribed form by them;
-to compensate the damages caused to other owners of land plots, as well as to landholders and tenants of the land in the manner prescribed by the legislation of Turkmenistan;
-carry out the necessary work on landscaping and greening land, conservation and maintenance of green plants in accordance with the established rules;
-carry other responsibilities established by the legislation of Turkmenistan.
 
Article 30. Termination of the right of private ownership of land
 

1. The right to private property of citizens of Turkmenistan on land is ceased in case of:-voluntary abandonment of the land plot;
-land use not for the intended purpose;
-unsustainable use of the land plot;
-use of a land plot in ways leading to declining soil fertility, pollution, deterioration and depletion of natural resources;
-non-use of land for agricultural production within two years, for conducting a personal part-time farm-home of the land plot and individual housing construction within five years;
-commit to land owned, illegal transactions;
-environmental degradation as a result of economic activity;
-withdrawal of lands for State and public needs in cases and by the procedure established by the legislation of Turkmenistan;
-in other cases stipulated by the legislation of Turkmenistan;
-acquiring ownership rights on land in case of unwillingness of anyone to conduct economic activities, they lose their ownership of the land.
2. A plot of land located in the private property of citizens of Turkmenistan may be confiscated for the State and public needs in exceptional cases involving:-the implementation of international commitments;
-the provision of land for the needs of the defense and security of the State, specially protected natural territories of the wellness, recreational, historical and cultural purposes;
-detection under the plot of mineral deposits (other than widespread);
-construction of roads, railways, power lines, communications and gas pipelines, as well as other objects of national importance, in the absence of other options for a possible placement of these objects;
-demolition of emergency and dilapidated housing, threatening collapse (collapse);
-the implementation of master plans for cities and other settlements, territories and other zoning schemes approved in the manner prescribed by the legislation of Turkmenistan, urban planning and land surveying documentation.
-in other cases stipulated by the legislation of Turkmenistan.
3. Termination of the right of private ownership of land is carried out in accordance with the procedure determined by the present code and other normative legal acts of Turkmenistan.
4. the decision on the termination of the right of private ownership of land may be appealed to the kazyet.
5. Termination of the right of private ownership of land does not deprive the rights of citizens of Turkmenistan and not exempt them from the obligation to preserve the quality of the Earth.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 39), chap. VI. Land use Article 31. The provision of land in use 1. Land use can be given to citizens and legal persons 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 the cases of land in private ownership of citizens of Turkmenistan.
2. land can be permanent (without a period) and temporary (with the establishment of the term).
 
Article 32. The emergence of land-use rights 1. The right land use occurs in the order established by the legislation of Turkmenistan if:-the granting of land in use;
-the transfer of land-use rights;
-the transition of land use rights in succession;
-civil-legal transactions;
-other grounds stipulated by the legislation of Turkmenistan.
2. provision, transfer and transition of land-use rights must be based on the end use of lands.
 
Article 33. Use land for exploration, legal persons of Turkmenistan, responsible for geological exploration, prospecting, topographic and geodetic and other exploration work may carry out these work on all lands in the order established by the legislation of Turkmenistan, including land. Starting date and place of work are negotiated with land owners, land users and tenants of land, as well as with the relevant public authorities on land administration.
 
Article 34. Obtaining the permission for the temporary occupation of land for exploration 1. To obtain permission for temporary occupation of land for exploration, legal persons of Turkmenistan, which responsible for these works, served in State land administration authorities at the place of location of the claimed lands a written application with the application extracts from the exploration plan, as well as the conclusions of Government oversight, the geological service survey or other bodies in accordance with the established procedure of production of these works.
2. the national land administration authority shall decide on the possibility of production exploration on claimed land and produces the corresponding authorisation for a period not exceeding one year with the consent of the owner of the land, the land user or lessee of the land.

3. On the lands of special purpose, as well as employed specially protected nature, wellness and historical and cultural objects, experienced field research and educational institutions, the forests of first group and survey work may be carried out only with the approval of the Cabinet of Ministers of Turkmenistan.
 
Article 35.  The rights of legal persons of Turkmenistan, using land for exploration, legal persons of Turkmenistan, conducting exploration work on the land, have the right to:-conduct in the manner prescribed by the legislation of Turkmenistan, the work plan, which received permission;
-erect buildings and temporary buildings for production, type of housing and welfare needs;
-construct geodetic points standing type in agreement with the land owners, land users and tenants of land;
-use in the manner prescribed by the legislation of Turkmenistan, for own use available in stead of obŝerasprostranënnye minerals.
 
Article 36. Responsibilities of legal persons of Turkmenistan, using land for exploration, legal persons of Turkmenistan, conducting exploration work must:-at their own expense cause occupied plots of land in a condition suitable for use for the intended purpose, and if you cannot do this-not later than within one month after the completion of the works;
-take measures to ensure the preservation of crops, plantations, natural objects, as well as water pipelines, gas pipelines, sewerage, drainage systems and other facilities;
-indemnify the loss of agricultural and forestry production, they were owners of lands, land users and tenants of land in production exploration, in accordance with the legislation of Turkmenistan.


 



Article 37. Official plot

 
1. Call land granted to the families of the individual categories of workers in transport, communications, energy, broadcasting and television, nature reserves, forest, water and fisheries, as well as other industries, in the manner prescribed by the legislation of Turkmenistan.
2. The service plot of up to 0.10 hectares of available land in the use of legal persons of Turkmenistan, where citizens of Turkmenistan have the right to call land.
3. The list of categories of workers with the right to call land, and lending are established by the Cabinet of Ministers of Turkmenistan.
 
Article 38. Land rights Users have the right to:-operate independently on the ground using it in accordance with its purpose;
-property on crops and plantations produced agricultural products and the proceeds from its sale;
-use in the manner prescribed by the legislation of Turkmenistan, for the needs of its economy are available on land common minerals;
-to damages when the seizure of land for the State and public needs;
-erect in the manner prescribed by the legislation of Turkmenistan, residential, industrial, household and other objects that are not contrary to the purpose of the land plot;
-carry out irrigation and other reclamation work in accordance with special requirements;
-have other rights in accordance with the legislation of Turkmenistan.
 
Article 39. Responsibilities of users Users are obliged to:-use land in accordance with the purpose and the conditions of its granting;
-to ensure the rational and efficient use of land;
-to make timely payments for the land;
-apply the appropriate technologies, ecological, sanitary and other requirements, as well as to respect in its economic activity established by the building and other rules and regulations;
-implement a series of measures to protect lands, as provided for in the present code and other normative legal acts of Turkmenistan;
-do not obstruct the use of water objects and their shores to organize shipping and other needs on land adjacent to surface water bodies;
-provide timely and in the relevant State bodies, their status and the use of land;
-do not violate the rights of other users, owners and occupiers of land plots;
-carry out the necessary work on improvement and landscaping of their territories, the conservation and maintenance of green plants in accordance with the rules established by the scale of cities and gengešami;
-carry other responsibilities established by the legislation of Turkmenistan.
 
Article 40. Termination of tenure 1. Land use right shall be terminated when:-the denial of land tenure;
-expiry, which was granted a plot of land;
-land use not for the intended purpose;
-Elimination of legal persons of Turkmenistan, as well as the bankruptcy of a citizen or legal person;
-termination of employment in respect of which the service has been granted land;

-exclusion of the right to use land in the prescribed manner to others;
-deterioration of the ecological environment as a result of economic activity;
-early termination of temporary land use;
-use of a land plot in ways leading to declining soil fertility, pollution and depletion of natural resources;
-inactive for a period of two years provided they land;
-withdrawal of lands for the State and public needs, as well as in other cases provided by the present code.
2. termination of right to use land shall be effected in the manner determined by the present code and other normative legal acts of Turkmenistan.
3. Decision on the termination of tenure may be appealed to the kazyet.
4. termination of tenure does not deprive the right of withdrawal land harvest and did not relieve him of responsibility for conserving the land.
 
Article 41. The concept of limited use of a land plot owned by other person (easement) 1. Land can be burdened with another of the beneficial owner of the land plot (dominant land) in such a way that the latter had the right to use another's land in certain cases or that on someone else's land could not be committed certain acts, or that it cannot be the exercise of a right which should be of the right of ownership to the land plot laden with against the dominant land (easement).
2. the parties may agree on compensation in the form of periodic payments.
 
Article 42. Conditions that limit the use of a land plot owned by other person (easement) 1. The easement may be only such encumbrance, which gives eligible person an advantage in using the land. The content of the easement may not exceed the limits established by the eligible person.
2. in the exercise of the servitude authorized person must respect the interests of the owner and where he was unencumbered by use of a land plot.
 
Article 43. Restricted right to a land plot owned by other person (easement) 1. Taking into account State and public interests can be set restricted territory, a land plot owned by other person (easement) when it is necessary:-passage or travel across land to objects of common use;
-cattle through the land;
-prospecting, research and other work;
-water abstraction and watering;
-gaskets and repair engineering, municipal, irrigation, electrical and other networks, pipelines and transport infrastructure;
-access to the coastal strip;
-establishment on land facilities;
-in other cases stipulated by legislative acts of Turkmenistan.
2. the right of limited use of a land plot owned by other person (easement) is established by a public authority on land administration based on submissions to the commissions on land issues etrap (City) and Ashgabat in the cases stipulated by the legislation of Turkmenistan.
3. the right of limited use of a land plot owned by other person (easement) might be discontinued in case of termination of his establishment.
4. The easement is subject to registration by a public authority on land administration.
 
Chapter VII. Rent of land Article 44. Land rent and tenants 1. Land lease is a contract-based urgent compensatory use of Earth.
2. Land Tenants can be individuals, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations.
3. rights and obligations of the lessee and the lessor, as well as the grounds for the origin and termination of right to lease land determined by the terms of the lease.
4. To lease land plots may be transferred together with the dwelling and outbuildings necessary for its commercial use, or without such.
5. Land transferred for construction and other agricultural needs for up to 40 years. To accommodate temporary trade and consumer outlets, warehouses, parking lots and other facilities-for up to 5 years.
6. model Form of leasing contract of land for non-agricultural purposes and order his findings are developed and approved by the public authority for land management.
7. registration of the lease of land for non-agricultural purposes and boundaries of the leased land in kind is carried out by a public authority on land administration.
(In the redaction of Laws of Turkmenistan dated March 30, 2007 and October 1, 2007  -Statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 39; No. 4, art. 68) article 45. Landlords lands 1. The landlord of the land (except for irrigated lands daikhan associations and other agricultural enterprises) provided by citizens and legal persons of Turkmenistan, in accordance with the procedure established by this Code, is authorized by the Cabinet of Ministers of Turkmenistan Government authority.
2. Landlords lands granted to foreign citizens and legal entities and foreign States and international organizations, are the Cabinet of Ministers of Turkmenistan or authorized on the body.

(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 46. Provision of irrigated land peasant associations and other agricultural enterprises in long-term leases 1. Provision of irrigated land peasant associations and other agricultural enterprises on a long-term lease, for a period of 10 years or more are made members of those farms, agricultural joint-stock companies, associations, tenants and private households, taking into account:-the availability of land and water resources;
-a medium-sized share of land plot on one of working;
-the location of the land;
-lease of irrigated lands of up to 200 hectares with integrity fields (plots);
-opportunities for tenants (lessees, tenants associations, 1,815 private farms) for the processing of rented lands;
-compliance schemes crop rotations, conservation and enhancement of soil fertility;
-ensure agricultural production in accordance with the lease agreement;
-in other cases provided by the legislation of Turkmenistan.
2. a member daykhan associations and other agricultural enterprises, agricultural joint-stock companies, Association of tenants and peasant farms wishing to obtain irrigated land in long-term leases, turn on this in the peasant Association and other agricultural enterprise.
3. Irrigated land peasant associations and other agricultural enterprises on a long-term lease is provided for the mandatory use of them for the intended purpose.
Land passed out, but unused, within one year, due to the fault of the lessee, shall be collected in whole or in part. Confiscation of land and transfer it to another tenant is made in the manner prescribed by this code.
4. Dimensions of land lease provided for each dajhanskomu unification and another agricultural enterprise is determined depending on the availability of land and water resources, the location of the land and the number of tenants wishing to participate in agricultural production.
5. provision of irrigated lands in long-term rent is carried out on the basis of the Commission's decision to a peasant Association and other agricultural enterprises.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 47. Provision of land for lease to individuals and legal entities of Turkmenistan for purposes not related to the production of cel′skohozâjstvennym 1. Citizens and legal persons of Turkmenistan for purposes not connected with agricultural production (temporary placement of kiosks, parking lots, garages, warehouses, workshops, and other objects) plots are leased to address land commissions etrap (City), Ashgabat and velayat.
2. registration materials, establishing the boundaries of rented land and registration of lease contracts are made by a public authority on land administration in accordance with the present code.
 
 Article 48. Provision of land by foreign citizens and legal entities and foreign States and international organizations 1. Land leased to foreign citizens and legal entities and foreign States and international organizations are provided for:-construction and other agricultural needs;
-temporary trade and consumer outlets, warehouses, parking lots and other facilities.
Land designated individuals are available to rent by the decision of the President of Turkmenistan.
2. Boundaries of the leased land in kind and registration of lease contract carried out by a public authority on land administration.
 
Article 49. Early termination of the lease of the land on the request of the lessor 1. The landlord may require early termination of the lease of the land in the following cases:-non-compliance with the terms of the lease;
-land use in violation of land legislation;
-intentional deterioration of the leased land;
-environmental degradation as a result of economic activity;
-failing to pay rent for a period of 30 days from the date of expiry of her payment, provided that the 30-day grace period to make the rent is granted only once for the entire rental period, and repeated failure to pay on time is grounds for early termination of the lease of the land;
-erection on leased lands not permitted structures;
-non-use land within one year from the date of granting them in lease, unless the Treaty provides otherwise;
-subletting leased land;
-in other cases provided by the present code and other normative legal acts of Turkmenistan.
2. The landlord may terminate the lease early just after they inform the tenant in writing at least three months, unless a contract provides otherwise.
 
Article 50. Early termination of the lease of the land on the request of the lessee 1. Tenant may apply for early termination of the lease of land in cases where:-the lessor does not fulfil contractual obligations;

-the tenant is unable to use the land, excluding exceptional circumstances, if the lease provides otherwise;
-in other cases provided by the present code and other normative legal acts of Turkmenistan.
2. the lessee may cancel the lease contract only after they inform the lessor in writing at least three months before the harvest, when the lease agreement does not stipulate otherwise.
 
Article 51. Sublease sublease of land Transfer is prohibited.
 
Chapter VIII. The rights of the owners of land plots, land managers and lessees of land Article 52. Protection of the rights of the owners of land plots, land managers and lessees of land 1. Interference with land owners, land managers and lessees of land by Government, business and other bodies and organizations, as well as their officials is prohibited, except in cases of violation of land legislation of Turkmenistan.
2. Violated rights of land owners, land users and occupiers of the land must be restored in the order stipulated by the present code and other normative legal acts of Turkmenistan.
3. the exemption for Government and public use of land granted to natural persons, legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations can be after giving them, at their request, the equivalent of a land lot and construction on the new site of residential, industrial and other objects instead of house demolitions.
Reimbursement of costs associated with the construction, as well as other damages produced by those natural persons, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations that are granted this plot in the manner prescribed by the legislation of Turkmenistan.
 
Article 53. Restrictions on the rights of the owners of land plots, land managers and lessees of land 1. In the interests of the State, protection of the environment Wednesday, construction and maintenance of utilities, as well as to ensure the security of the State and the citizens of Turkmenistan the right land owners, land users and occupiers of land may be limited in the cases provided for by the legislation of Turkmenistan.
2. on the basis of national and public interests prohibits purchase-sale, Exchange, donation and pledge land plots.
3. prior to registration in the order established by the legislation of Turkmenistan, ownership of land, land use, and land lease financing of the construction industry, transport, communication, energy and other industries not allowed.
 
Article 54. Go right to the enjoyment of the land 1. When denationalization and privatization of State property, as well as in other sale objects to pass to the buyer's rights and obligations in the sphere of land relations in accordance with the present code and other normative legal acts of Turkmenistan.
2. preparation of materials about the transition of ownership or tenure on the land, as well as the issuance of the relevant documents is performed by the State authority for land management at the expense of land owners and users.
 
Chapter IX. Land fee Article 55. Land fee 1. Land use in Turkmenistan for a fee in the form of payments for land and rent.
2. The payments are for land plots owned by citizens of Turkmenistan, as well as the enjoyment of citizens and legal persons of Turkmenistan.
Rates, calculation and payments for land are established by the Cabinet of Ministers of Turkmenistan.
3. The rent charged for the rental of lands granted to natural persons, legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations.
Procedure for determining the size, conditions and time limits for the rent for the land are established by the Cabinet of Ministers of Turkmenistan.
4. Benefits for the payment of rent for land and natural and legal persons shall be provided in a manner and under conditions determined by the Cabinet of Ministers of Turkmenistan.
 
Article 56. The use of the funds received from payments for land and land rent funds from payments for land and land rent will be credited to the respective local budgets according to the location of the land.
Enrolment size tools and how to use them are established by the Cabinet of Ministers of Turkmenistan.
 
Chapter x. agricultural land Article 57. Agricultural lands and their composition 1. The lands of agricultural purpose lands are granted for agricultural purposes and intended for these purposes.
2. in the agricultural lands are allocated agricultural land and land under reclamation construction, forested, roads, communications, domestic, enclosed waters drainage network, buildings (constructions) and facilities, necessary for the functioning of agriculture, as well as other lands.

3. agricultural land include:-arable land is irrigated and rainfed agricultural lands, processed and used for crops;
-deposits-agricultural land formerly consisting of arable land and more than one year are not used for planting crops;
-perennial plants-agricultural land occupied by orchards, vineyards, mulberry, plodopitomnikami and other plantings;
-pasture agricultural land used for grazing;
-Hay-arable land used for grass cutting.
4. Translation of agricultural lands to other land categories for non-agricultural purposes is allowed in exceptional cases, in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 58. Irrigated lands 1. The arable land include land used for arable land and perennial plantations, including shelterbelts forest and irrigated forest, on which there is a permanent or temporary irrigation network connected with irrigation, water sources which provide irrigation of these lands.
2. Irrigated lands are subject to special protection. Translation of these lands in non-irrigated farmland will be accorded on the decision of the Cabinet of Ministers of Turkmenistan.
3. Users shall be provided with irrigated land irrigation water in accordance with the established limits, taking into account the water sources in the order determined by the legislation of Turkmenistan.
 
Article 59. 1 pastures. Pastures are subdivided on:-location-on a deserted, Foothill and mountain;
-the nature of use-the year-round and seasonal;
-the degree of availability of water sources-on obvodnennye and neobvodnennye;
-mind-on otgonnye and located in the area of irrigated agriculture.
2. Pasture are subject to State protection.
 
Article 60. Provision of agricultural land to citizens and legal persons of Turkmenistan agricultural land provided:-citizens of Turkmenistan for conducting a personal part-time farm, official wore and agricultural production, as well as for grazing and haymaking;
-peasant associations, agricultural companies, private households and other legal persons of Turkmenistan for agriculture;
-scientific research, training, seed farm and general schools for research, educational purposes, excellence, seed development and agriculture;
-legal entities of Turkmenistan-for conducting a subsidiary agriculture.
(As amended by the Act of February 28, 2015 year-statements of the Mejlis of Turkmenistan, 2015, no. 1, art. 37) article 61. Provision of agricultural land to citizens of Turkmenistan agricultural land is granted to citizens of Turkmenistan for conducting a personal part-time farm and agricultural production, as well as for grazing and haymaking in accordance with this code.
(As amended by the Act of February 28, 2015 year-statements of the Mejlis of Turkmenistan, 2015, no. 1, art. 37) Article 62. Provision of agricultural land peasant associations, agricultural joint-stock companies and other legal persons of Turkmenistan, engaged in agricultural activities 1. Agricultural lands are granted to peasant associations, agricultural joint-stock companies and other legal persons of Turkmenistan, engaged in agricultural activities, in use for agricultural production.
2. registration of right to use land once again made up of peasant associations, other legal persons of Turkmenistan, involved in agricultural activities, and termination of this right when their reorganization and liquidation shall be made after adoption in the manner prescribed by the legislation of Turkmenistan, decisions about their education, reorganization or liquidation.
3. provision of peasant associations, agricultural joint-stock companies and other legal persons of Turkmenistan, engaged in agricultural activities, agricultural land use is made at convenient for their business activities.
Patchwork, vklinivanie and other land-use violations by peasant associations, other legal persons of Turkmenistan, involved in agricultural activities, are not allowed.
4. removal of čerespolosicy, joined and other violations of land use by peasant associations, other legal persons of Turkmenistan, involved in agricultural activities, produced in mixed order.
 
Article 63. Provision of land for agricultural purposes to legal entities of Turkmenistan for conducting a subsidiary agriculture
 

1. Legal entities of Turkmenistan in order to improve the supply of agricultural products to their employees, canteens, childcare facilities, schools, hospitals, homes for the elderly and disabled, resorts, holiday homes and other social facilities, as well as production for own use may, in the manner prescribed by the legislation of Turkmenistan, made available for use for conducting a subsidiary agriculture unused agriculture land, and in some cases, and agricultural lands.
2. Land Transfer subsidiary agriculture in secondary use and other land users is prohibited.
 
Article 64. Provision of agricultural lands private households 1. Agricultural lands private households are provided:-land peasant associations and other agricultural enterprises in long-term leases;
-from the Land Fund.
2. registration of land-use rights and leasehold land daikhan farms is produced in accordance with this code.
3. Transfer of lands of a peasant farm in secondary use and rent is prohibited.
 
Article 65. The use of agricultural land peasant associations and other agricultural enterprises 1. Agricultural land peasant associations and other agricultural enterprises are used for agricultural production and may be transferred to a long-term lease, for a period of 10 years or more:-their members;
-agricultural joint-stock companies;
-associations of tenants;
-private households.
2. the granting of agricultural land peasant associations and other agricultural enterprises in long-term leases to their members, agricultural companies, private households and tenants associations is carried out in accordance with this code. Dimensions provided on a long-term lease of land can be up to 200 hectares with taking into account the preservation of the integrity of the fields, as well as for the efficient sharing of land tenants.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 39) article 66. Pastoral provision 1. Rangelands to citizens and legal persons of Turkmenistan are available for grazing in use and lease taking into account:-kormoëmkosti rangelands;
-number of livestock;
-rangeland watercut.
2. Users and pastoral lessees are required to carry out activities for their preservation and improvement against wind and water erosion, desertification, construction and reconstruction of water sources, compliance with rotational grazing is established, as well as to prevent deteriorating grasslands.
3. pastoral Provision to citizens and legal persons of Turkmenistan for grazing in use and lease shall be made in the manner and under the conditions prescribed by the Cabinet of Ministers of Turkmenistan.
4. making materials about granting grazing land to citizens and legal persons of Turkmenistan, as well as the drafting of redistribution of pasture between them and ètrapami, the introduction of rotational grazing is established, their improvement and flooding the State authority for land management on proposals of commissions on land issues etraps (cities) and regions, consistent with a specially authorized State body in the field of animal husbandry.
 
Article 67. The responsibilities of the owners of land plots, land managers and lessees of land use and protection of agricultural land Owners, land users and tenants of land use agricultural lands shall:-develop and implement activities for the management of land and soil fertility;
-implement science-based crop rotation and cropping systems, advanced technology;
-to ensure the preservation and expansion of arable land;
-include in technically serviceable condition all vnutrihozâjstvennuû irrigation and collector-drainage network and facilities;
-avoid reduce the soil fertility, salinization and waterlogging of irrigated land, clogging their weeds, soil and water pollution sources;
-to prevent environmental degradation;
-to prevent desertification and deteriorating pastureland;
-other measures to improve efficiency in the use and protection of agricultural land in accordance with the present code and other normative legal acts of Turkmenistan.
 
Chapter XI. Forestry Fund lands, public lands and water fund reserve Article 68. Forestry Fund lands 1. The lands of forest fund lands are covered and uncovered a forest, but intended for forestry needs.
2. Unused for the needs of the forestry land in the manner prescribed by the legislation of Turkmenistan may be granted to citizens and legal persons of Turkmenistan for agriculture.
3. the use of forest land is carried out in accordance with this code and forest legislation of Turkmenistan.
 


Article 69. Land of water fund

 

1. the lands of water fund include land occupied watercourses (rivers, canals, reservoirs, etc.) and water (Lakes, reservoirs, the waters of the Turkmen sector of the Caspian Sea, etc.), hydraulic and other water management facilities, as well as lands dedicated allotment on the banks of water bodies, provided by legal entities of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
2. On the banks of the rivers, main canals and reservoirs, dams and other water bodies, as well as sources for drinking and domestic water supply, treatment and recreational needs are established water protective zones and coastal strips in the order determined by the legislation of Turkmenistan.
3. Use of lands of water fund shall be as defined by the present code and the legislation of Turkmenistan.
 
Article 70. Water, coastal water protection strips water bodies 1. The water protection zone includes the land adjacent to the bed of watercourses and reservoirs.
2. the composition of the water protection zone includes floodplains, terraces, brovki and large slopes of indigenous banks, as well as beams, ravines, directly discharging into the River Valley. Within water protection zones along watercourses and water bodies allocated coastal watersheds-band territory severely restrict economic activity.
3. the boundaries of water protective zones and coastal water protection strips, economic regime and the composition of soil and water conservation activities within them are determined by the project water protection zone.
Land within water protection zones are not removed from management, but establishes special restrictions on economic activity.
4. Border coastal water protection strips are installed in the kind of public authority on land administration in accordance with the approved projects.
 
Article 71. State land reserve 1. Public lands are reserve lands not granted ownership, use and lease.
2. State Land reserve intended for ownership, use and lease to individuals and legal entities of Turkmenistan for agricultural purposes in accordance with this code.
 
Chapter XII. Land settlements (cities, towns and rural settlements) article 72. Land settlements 1. The lands of settlements (cities, towns and rural settlements) lands are used, as well as designed for the construction and development of cities, towns and rural settlements and separated from other categories of land feature and administered by the respective units and the Gengeshi.
2. The Hell towns, villages and rural settlements is their external borders, which separate these lands from lands of other categories.
3. establishing the features of cities, towns and rural settlements are made on the basis of approved town planning and land surveying documentation.
4. adoption of the features of cities, towns and rural settlements are carried out in accordance with the legislation of Turkmenistan.
 
Article 73. The lands of towns and settlements in the lands of cities and towns include:-urban and township construction;
-General use;
-agricultural purpose;
-held by planted forests;
-industrial enterprises, transport, communication, energy, defense and other industries located within cities and towns.
 
Article 74. Earth urban and township construction 1. The lands of the village and urban sprawl are all the lands built-up and urbanised residential, municipal, domestic, cultural-educational, industrial, commercial, administrative, and other objects.
2. land of the village and urban sprawl are available for use by citizens and legal persons of Turkmenistan for residential, recreational, industrial and other types of construction.
3. land of urban and township construction, temporarily unused land can be transferred to the State authority for land management lease to individuals and legal entities of Turkmenistan for the temporary accommodation of the stalls, kiosks, advertising constructions and other objects on the basis of the Commission's decisions on land issues etraps and towns.
4. citizens and legal persons of Turkmenistan, which granted plots of land for building are required to erect them only such objects, the purpose and nature of which are indicated in the documents on the granting of land.
 
Article 75. emli general use in cities and villages 1. The lands in the towns and villages are: squares, avenues, streets, driveways, roads, pavements and boskety along the roads, the irrigation network, embankments, etc.;
Earth used to meet the cultural needs and recreation (parks, forest parks, boulevards, squares, etc.);
-communal land (cemeteries, as well as places of neutralization and recycling of wastes, etc.).
2. General use Land are fixed and are on the balance of the respective production units of local administration of the city or gengeša.
3. Promenade and coastal strips of reservoirs in cities and townships are used primarily for recreation, occupation of the physical culture and sports.

4. Construction of facilities for public use lands is permissible only in accordance with their purpose.
 
Article 76. Agricultural lands and other lands in the towns and villages 1. The lands of agricultural purpose in cities and villages are arable land, orchards, vineyards, tutovniki, plants, nurseries, plantations and other fruit-bearing trees, pastures and hayfields.
Agricultural land can be made available for use by peasant associations, agricultural joint-stock companies and other legal persons of Turkmenistan, engaged in agricultural activity for agricultural production.
2. other land in towns and villages include sands, salt marshes, ravines and other neudobja.
 
Article 77. Land held by planted forests in cities to lands occupied by trees in cities and villages include land intended for the Organization of leisure of the population, improvement of microclimate, air condition, environment and sanitation of towns and cities, meet the cultural needs of the population, protection of territories from water and wind erosion.
In their composition of land not occupied by plantations, are used to organize sports and recreational areas of the population.
 
Article 78. Land of industry, transport, communication, energy, defense and other industries in towns and villages 1. The lands of industry, transport, communication, energy, defense and other industries in the cities of the Earth are provided for use by citizens and legal persons of Turkmenistan to implement the related activities.
2. the list of facilities to be provided for use on land is defined in the source data, when submitting an application for disqualification of the plot.
3. Authorisation for additional objects during their operation is issued by a public authority for land management on the basis of proposals from the commissions on land districts (cities).
 
Article 79.   Provision of land plots in towns and villages Providing land in towns and villages in the ownership, use and lease to individuals and legal entities of Turkmenistan, as well as to lease to individuals and legal entities of foreign States, foreign States and international organizations shall be in accordance with the present code and other normative legal acts of Turkmenistan.
 
Article 80. cities and towns land use 1. Earth cities and towns shall be used in accordance with master plans and zoning projects territories of these settlements.
2. In the master plans of cities and towns define the main directions of land use of these settlements for residential, industrial and other construction, properties and improvement of places of rest of the population, and zoning projects of their territories-directions and use the order not subject to building or temporarily not built-up land.
3. Master plans and zoning projects territories cities and towns approved in the manner determined by the legislation of Turkmenistan.
 
Article 81. Land rural settlements 1. The lands of rural settlements include lands within the boundaries established for these items in the order are located within the land administration and land tenure peasant associations, other agricultural and forestry enterprises, as well as other land settlements not belonging to the category of cities and towns.
2. Land use in rural settlements are carried out in accordance with the procedure determined by the present code and other normative legal acts of Turkmenistan.
 
Article 82. Provision of land plots in rural localities 1. Decoration materials on the granting of land ownership, use and lease within the boundaries of rural settlements are carried out by a public authority on land administration in accordance with the present code.
2. The dimensions of the land available for the construction of welfare and other objects, shall be determined in accordance with the approved in the manner prescribed by the building codes and design and planning documents.
 
Article 83. Land use in rural settlements Land rural settlements in accordance with the planning and development of projects are used:-under construction residential, cultural, domestic, industrial and other objects;
-for conducting a personal part-time farm-homestead land;
-for temporary accommodation for rent stalls, kiosks, advertising constructions and other objects.
 
Chap. XIII. Land of industry, transport, communication, energy, defense and other areas of Article 84. Land of industry, transport, communication, energy, defense and other sectors 1. The lands of industry, transport, communication, energy, defense and other areas of land are granted for use and lease to individuals and legal entities of Turkmenistan to implement the related activities.

2. Dimensions of land provided for specified purposes, shall be determined in accordance with approved standards and project design document, and land allocation is carried out to the extent of their development.
3. Land use industry, transport, communication, energy, defence and other areas are carried out in accordance with their purpose.


 

Article 85. Providing land enterprises, institutions and organizations for the needs of industry, transport, communication, energy, defense and other sectors 1. Registration materials for the provision of land for use by enterprises, institutions and organizations for the needs of industry, transport, communication, energy, defense and other areas of the State authority on land administration in the manner determined by the present code and other normative legal acts of Turkmenistan.
2. the lands granted to the State security, defence needs and the protection of State borders, have a special meaning.
3. land not used by enterprises, institutions and organizations, industry, transport, communication, energy, defence and other areas may be granted 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 persons of Turkmenistan lands for mineral resource development takes place after registration of mining lease with a condition subsequent re-cultivation of waste areas and compliance with the requirements of the legislation of Turkmenistan in the field of nature conservation.
 
Chapter XIV. Earth environmental, health, recreational and historical and cultural purpose Article 86. Land conservation areas 1. The lands include land conservation areas of State natural reserves, national and dendrological parks, botanical gardens, nature reserves (excluding hunting), monuments of nature, rendered in the order established by the legislation of Turkmenistan legal entities of Turkmenistan for relevant activities.
2. Land conservation areas are the exclusive property of the State and have a special protection regime.
On these lands is prohibited activities contrary to their purpose.
3. To ensure the regime of land conservation areas protected areas may be established, on which any activity prejudicial to the respect for the security regime.
4. Land use environmental protection and establishing their protective zones have been implemented in the manner determined by the legislation of Turkmenistan.
 
Article 87. Health related lands 1. The lands include lands sanative purposes, possessing a natural healing properties and with special climatic conditions favourable for the prevention and treatment of diseases that are provided in the order established by the legislation of Turkmenistan: Turkmenistan to legal and natural persons-rent or lease;
foreign legal entities-for rent.
2. in order to ensure the necessary conditions for the prevention and treatment of diseases and the rest of the population, as well as protection of natural therapeutic properties of lands sanative purposes establishes sanitary protection zone. Within these zones, prohibits the provision of land for natural and legal persons of Turkmenistan for activity contrary to their purpose.
3. Land use and sanative purposes the establishment of zones of sanitary protection are carried out in accordance with the procedure determined by the legislation of Turkmenistan.
(As amended by the Act of October 1, 2007-statements of the Mejlis of Turkmenistan 2007 г., no. 4, p. 68) article 88. Recreational lands 1. The lands of recreative purpose includes land granted for the organisation of mass leisure, tourism and sport in the manner prescribed by the legislation of Turkmenistan: Turkmenistan to legal and natural persons-rent or lease;
 foreign legal entities-for rent.
2. use of the lands of recreative purpose is carried out in accordance with the procedure determined by the legislation of Turkmenistan.
(As amended by the Act of October 1, 2007-statements of the Mejlis of Turkmenistan 2007 г., no. 4, p. 68) article 89. The land of historical and cultural purpose 1. The lands of historical and cultural purpose include land of historical and cultural reserves, Memorial parks, burials, archaeological sites, monuments of history and culture, provided for use by the relevant legal persons of Turkmenistan.
These lands are prohibited from activities that are contrary to their purpose.
2. Land use historical and cultural purpose is carried out in accordance with the procedure determined by the legislation of Turkmenistan.
 
Chapter XV. State land Article 90. Public land management
 

State land-a set of public actions to enforce the land law of Turkmenistan aimed at regulation of land relations, organization, streamlining land management land use, improvement of agriculture, the creation of an enabling environment and improvement of the environment Wednesday.
 
Article 91. State land administration 1. State land is subdivided into forecast and pre-design, intersectoral and interfarm.
2. forecast and preliminary land development includes the development and implementation of:-national and regional programmes for the use and protection of land resources;
-use patterns and protection of land resources of Turkmenistan, velayats, towns and etraps, soil conservation activities, the establishment of protective plantings, use and improvement of pastures;
-land management schemes velayats, towns and etraps;
-Zoning schemes districts, towns and villages;
-hosting projects and establishing land borders with special treatment in accordance with the legislation of Turkmenistan.
3. the intersectoral land include:-establishing the boundaries of the districts and regions, rural settlements, towns, and cities of Ashgabat city;
-drafting new and streamlining existing boundaries of plots of land owners, land managers and lessees of land;
-projects of land newly made and by the restructured peasant associations, agricultural joint-stock companies and other legal persons of Turkmenistan to conduct agricultural production;
-drafting of land to citizens and legal persons of Turkmenistan for agricultural needs.
Intersectoral land within districts or several households is conducted in accordance with the procedure determined by the present code.
Mixed land projects once approved are transferred in nature (in the area) with the designation of the boundaries of land marks of the established sample.
4. Examination of land includes the Organization of territory of peasant associations, agricultural joint-stock companies and other agricultural enterprises, to 1,815 private farms, land owners, land users and occupiers of the land involved in agricultural production, with the introduction of science-based crop rotations.
For the implementation of projects on land management supervision is carried out as part of land management.
5. in order to land may be developed by other projects related to the rational use and protection of lands.
6. land management provides for topographic-geodetic, cartographic, soil, geobotanical, soil conservation and other surveys and studies as well as works for inventory, accounting and economic estimation of land.
 
Article 92. Procedure for maintenance of the State land administration, State land administration is carried out in the following order: the initiation-zemleustroitel′nogo;
-preparation and survey work;
-drafting;
-consideration and adoption of the draft;
-transfer project in nature (the terrain);
-registration and issue land instruments;
-supervision of project implementation.
 
Article 93. The Organization of the State land administration 1. State land is held in the manner determined by the State authority for land management.
2. State land management is performed by the State authority for land management at the expense of the State budget of Turkmenistan.
 
Chapter XVI. State land cadastre Article 94. State land cadastre State land cadastre is a system of required information and materials on the natural, economic and legal regime of land categories, quantitative and qualitative characteristic and economic value, location and size of land plots, their distribution on land owners, land users and tenants of land.
State land cadastre shall include:-the State registration of rights to land;
-accounting of the quantity and quality of land;
-report on the availability, distribution and use of land;
-bonitirovku soil and land valuation;
-systematization, storing and updating of the land and cadastral information, creation of a data bank on land resources.


 



Article 95. Procedure for maintenance of the State land cadastre

 
1. State land cadastre is a government authority for land management on a single system at the expense of the State budget of Turkmenistan.
2. maintenance of the State land cadastre is ensured by:-conducting aèrokosmos″ëmočnyh, topographic-geodetic, cartographic, soil, agrochemical, geobotanical and other surveys and studies;
-qualitative and quantitative taking into account and valuation of land;
-State registration of the rights of individuals, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations on land;

-drawing up reports on the availability, distribution and use of land;
-the creation and storage of computerized data banks of the land and cadastral information with input current surveys, shootings and land monitoring.
 
Article 96. Basic principles of the State land cadastre, the main principles of the State land cadastre are:-completeness of all land in the territory of Turkmenistan;
-Unity development practices of the land and cadastral information;
-reliability of the land and cadastral information;
-availability of land cadastre data.
 
Article 97. State land State land status report report of Turkmenistan is compiled annually and includes information on the status of the land in the whole country and administrative-territorial units (presented, Ashgabat city, districts and cities), 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 in the relevant ministries and agencies.
 
Article 98. Land cadastral 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 velayats, Ashgabat;
-State land cadastre of Turkmenistan.
2. the structure, content and conduct of the land and cadastral documentation are established by the Cabinet of Ministers of Turkmenistan.
 
Article 99. State registration of ownership rights to land tenure and the right to lease lands 1. State registration of ownership of plots of land rights and the right to rent land (irrigated land also daikhan associations and other agricultural enterprises) natural persons, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations is carried out according to the location of these lands with corresponding data in State land cadastral book etrap (City) a national authority for land management in order established by the legislation of Turkmenistan.
The reason the State registration of rights to land plots serve as identity documents, altering or records pertaining to these rights.
2. Documents certifying the right to land, are:-the right of private ownership of land is a State Act on ownership of the land;
-on the right of land use-State Act on the right to use land;
-the right to lease a land-lease certificate for land.
3. the right of private ownership of land and land use right shall be entered in a public register.
(As amended by the Act of March 30, 2007-statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 39), Chapter XVII.  Protection of land Article 100. Goals and objectives for land protection

 
1. Protection of land includes a system of legal, organizational, economic, technological and other activities aimed at their target, management, prevention of unreasonable seizures of land in agricultural use and trafficking from the lands of specially protected areas, protection from harmful anthropogenic impacts, as well as the reproduction and improvement of soil fertility, productivity of forest land.
2. Protection of land is carried out on the basis of an integrated approach to land resources according to their zonal and regional characteristics.
3. Activities aimed at the rational use of land, are environmental, conserving nature and provide for soil conservation, limiting negative impact on environmental Wednesday, flora and fauna, the subsoil and the others.
 
Article 101. Content and protection of land Owners, land users and tenants of land in its business activities must ensure:-the rational organization of the territory;
-rehabilitation and improvement of soil fertility, as well as other properties of the Earth;
-protection of land from water and wind erosion, desertification, mudslides, flooding, waterlogging, salinization, drying, compaction, pollution, waste production and consumption, chemicals and radioactive materials, as well as from other processes of destruction;
-protection from overgrowing weed of irrigated land plants, shrubs and low trees, from other processes of deterioration of the cultural and technical condition of the land;
-conservation of degraded lands, if otherwise it is impossible to restore the soil fertility;
-reclamation of disturbed lands, removal, conservation and use of fertile layer of soil in conducting the work associated with the violation of the land.
 
Article 102. Environmental requirements, design, construction and commissioning of objects, buildings and structures
 

1. When placement, design, construction and commissioning of new and renovated facilities, buildings and structures, as well as when implementing new techniques and technologies, with negative impact on land should be set and implemented measures to protect land, enforced environmental, sanitary and other special requirements (rules, regulations, norms).
2. assessment of the negative impact of implemented technology or object-based on State lands and the effectiveness of existing activities on the use and protection of lands is based on an environmental assessment.
3. Putting into operation of objects, buildings and structures, as well as the introduction of new technologies, not secured protection of land from degradation or violation and positive conclusion of the environmental assessment shall be prohibited.
4. placement of objects on land, buildings and structures, as well as the introduction of new technologies, affecting land ownership, use and lease from natural persons, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations agreed with the State Agency for land management, environmental and other bodies in the manner and under the conditions prescribed by the legislation of Turkmenistan.
 


Article 103. Economic incentives for the rational use and protection of lands

 
1. Economic incentives for the rational use and protection of lands aimed at enhancing interest land owners, land users and occupiers of land in the conservation and reproduction of soil fertility, protection from negative impacts of production and other activities and includes:-exemption from fees for the use of land in the process of agricultural development or improvement of their condition, during project works;
-the provision of soft loans;
-partial compensation for lost income as a result of the temporary preservation of violated through no fault of their own land;
-encouragement for improving land quality, improving soil fertility, production of environmentally friendly products;
-the earmarking of funds for the rehabilitation of lands disturbed through no fault of their own.
2. Economic incentives for the rational use and protection of Lands shall be carried out in the order established by the legislation of Turkmenistan.
 
Chapter XVIII. State control over land use and protection. Monitoring changes in land status (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 compliance with all governmental authorities, local executive authorities and bodies of local self-government, individuals, legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations to the requirements of the land legislation of Turkmenistan;
-ensure implementation of the State policy in the sphere of protection and rational use of land;
-Prevention of violations of the legislation of Turkmenistan in the sphere of use and protection of lands, the identification of such violations and to take appropriate measures to address them;
-ensuring compliance with land owners, land users and tenants of land standards and regulations stipulated by the legislation of Turkmenistan in the sphere of protection and land use, pollution prevention and reduction of soil fertility, degradation of flora and fauna, water and other natural resources.
 
Article 105. Basic principles for the implementation of State control over land use and protection by the basic principles of State control over land use and protection are:-ensure the rational use and protection of lands as the main wealth under the special protection of the State;
-priority requirements of ecological safety in land use over economic interests;
-full reparation for the injury caused to the surrounding natural Wednesday as a result of the violation of land legislation of Turkmenistan;
-a combination of economic incentives and liability in the sphere of use and protection of lands.
 


Article 106. The Earth as an object of State control and protection

 
Object state control over land use and protection are all lands within the territory of Turkmenistan granted ownership, use and lease to individuals, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations irrespective of their form of ownership and departmental subordination.


 



Article 107. Authorities exercising State control over land use and protection

 
1. State control over land use and protection is carried out by a public authority on land administration.

2. the national authority for land management, carrying out State control over land use and protection, monitors:-all the land for its intended purpose;
-compliance with governmental authorities, local executive bodies and local authorities, individuals and legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations, legislation of Turkmenistan on the use and protection of lands;
-avoiding the unauthorized occupation of land;
-implementation of land administration projects and other projects on the use and protection of lands;
-reclamation of disturbed lands;
-timely return of temporarily occupied lands;
-timely and correct conduct of the land owners, land users and tenants land organizational and economic, agrotechnical, lesomeliorativnyh and other activities on the restoration and preservation of soil fertility;
-in a timely manner to the relevant authorities, land owners, land users and tenants of land information about availability, condition and use of land;
-the safety of established characters boundaries;
-compliance with the requirements of environmental land use regime;
-timely and qualitative implementation of activities to improve land, prevent and eliminate the effects of soil erosion, salinity, waterlogging, desertification, cluttering, pollution and other processes that are causing land degradation;
-avoiding transactions that violate property rights, land use and land lease;
-environmental conditions;
-the legality of the measures taken by the State authorities, local executive authorities and local government decisions in the area of the land legislation of Turkmenistan.
3. the functions of the public authority for land management, exercising State supervision, and other issues stipulated by the legislation of Turkmenistan.
 
Article 108. The procedure for State control of land use and protection of State land administration authority exercising State control over land use and protection, within its competence:-carries out checks on the proper use and protection of lands land owners, land users and tenants of land;
-is (acts) of violations of land laws of Turkmenistan;
-gives mandatory for all individuals, legal entities of Turkmenistan and foreign States, as well as foreign States and international organizations (orders) aimed at addressing the causes and circumstances of the violation of land legislation of Turkmenistan;
-attracts guilty officials, individuals, legal entities of Turkmenistan and foreign States to administrative responsibility, makes claims for damages caused in violation of land legislation of Turkmenistan, shall transmit the submission to the relevant bodies for bringing perpetrators to justice;
-make proposals to the Cabinet of Ministers of Turkmenistan on the suspension or withdrawal of actions on the territory of Turkmenistan of normative and other acts of ministries and departments, as well as the decisions of the local regions and Ashgabat, etraps and towns on land issues, contrary to the land legislation of Turkmenistan;
-freely visiting and conducting a survey of land owners, users and tenants and land granted for defence and other special needs, taking into account the established regime;
-suspends industrial, civil and other construction, development of mineral deposits, facilities, carrying out agrotechnical, lesomeliorativnyh, exploration, search, geodetic and other works without documents certifying the right to land, as well as in violation of land legislation of Turkmenistan;
-receives from individuals, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations with the necessary information on the use and protection of lands, listens to reports and messages on the issues the directors of enterprises, institutions and organizations irrespective of their form of ownership and departmental subordination as well as citizens-owners of land plots;
-participates in taking over the newly mastered irrigated reclaimed, superior and reclaimed lands, shelterbelts, erosion of hydraulic structures and other objects;
-implements other measures in accordance with the legislation of Turkmenistan.
 
Article 109. Land restoration 1. Land reclamation is a complex engineering, land reclamation, agricultural and other activities to restore biological productivity of land.
2. land disturbed as a result of mining and the construction of various erections are subject to remediation.

3. Land reclamation is carried out at the expense of the owners, users and tenants of land as a result of the production activity which violated the integrity of the fertile layer of soil.
 
Article 110. Monitoring changes in land status (monitoring) 1. Monitoring developments in land developments (monitoring) is a system of monitoring changes arising from the utilization of land resources of Turkmenistan, assessment and prediction of their condition in order to create the conditions for rational land use, reproduction of soil fertility, as well as the preservation of the environment Wednesday.
2. monitoring changes in land status (monitoring) is the State authority for land management in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan, at the expense of the State budget of Turkmenistan.
 
Chapter XIX. Damages caused by land owners, land users and tenants of land and the loss of agricultural and forestry production Article 111. Damages caused by removal or temporary occupation of land, as well as the curtailment of the rights of the owners of land plots, land managers and lessees of land 1. Damages (including loss of profit), caused by the removal or temporary occupation of land owners, land managers and lessees of land or land degradation as a result of the activities of natural persons and legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations, shall be reimbursed at amounts determined by commissions on land districts (cities).
2. Damages:-natural persons, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations, which act confiscated land;
-natural persons, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations, whose activities led to the restriction of the rights of the owners of land plots, land managers and lessees of land or land degradation in the order determined by the legislation of Turkmenistan.
3. registration of ownership of plots of land, land use, and land lease with the issuance of the relevant documents produced after damages and the loss of agricultural and forestry production.
 


Article 112. Compensation for loss of agricultural and forestry production

 
1. Loss of agricultural and forestry production, caused by the removal of agricultural and forest land for use for purposes not related to agriculture and forestry, the curtailment of the rights of the owners of land plots, land managers and lessees of land or land degradation, are recoverable.
2. these losses will be reimbursed:-natural persons, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations, which provided agricultural and forest lands withdrawn for purposes not related to agriculture and forestry;
-natural persons, legal persons of Turkmenistan and foreign States, as well as foreign States and international organizations, which establishes around objects, sanitary protection zones and with the exception of agricultural and forest land or transfer them into less valuable land.
Procedure for determining the loss of agricultural and forestry production, subject to compensation, as well as the list of persons exempt from reimbursement, are established by the Cabinet of Ministers of Turkmenistan.
3. funds occurring due to losses that sent:-in a special account of the public authority for land management-from loss of agricultural production;
-in the State of nature protection of Turkmenistan from forestry production losses.
 
Chapter XX. Resolution of land disputes Article 113. Authorities to allow land disputes bodies allow land disputes, are the Cabinet of Ministers of Turkmenistan, State authority for land management, local executive bodies and local self-government, and kazyet.
 
Article 114. Resolution of property disputes related to land Property relations disputes related to land relations are resolved kazyets of Turkmenistan.
 
Article 115. Execution of decisions on land disputes pursuant to decision on land dispute rests with the State land administration authority and other bodies specified in the decision. Appeal shall not suspend its execution.
 
Chapter XXI.  Responsibility for violation of land legislation of Turkmenistan Article 116. The invalidity of transactions that violate land laws of Turkmenistan 1. Transactions involving land (purchase and sale, donation, pledge, Exchange, etc.) is prohibited and shall be deemed null and void, and the perpetrators of such transaction shall be liable in the manner prescribed by the legislation of Turkmenistan.

2. A plot of land may not be the subject of pledge in relations between citizens and legal persons of Turkmenistan citizens and legal persons 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 under:-arbitrary seizure of land;
-illegal transfer of land to private ownership, use and lease;
-illicit transfer and illegal use of land, received in rent;
-damage of agricultural and other land pollution their industrial waste, sewage and other hazardous substances;
-design, construction, commissioning of objects with negative impact on land;
-failure to comply with the requirements of environmental land use regime;
-use of land not for the intended purpose;
-failure to comply with the conditions of the withdrawal, storage and application of fertile layer of soil;
-untimely return of temporarily occupied lands or non-fulfilment of duties to bring them into a State suitable for its intended use;
-destruction of established characters boundaries;
-distortion of the information on the use and protection of lands;
-beshozâjstvennom the use of land;
-fraudulent change of land administration projects;
-application of pereložnoj farming systems;
-damage of natural grassland, bear responsibility in accordance with the legislation of Turkmenistan.
2. the laws of Turkmenistan may be responsible for other violations of land laws of Turkmenistan.
 
Article 118. Return of illegally occupied land 1. Illegally occupied land should be returned to their supplies without reimbursement, produced during the illegal use of land. Aligning plots in usable condition, including the demolition of the objects is done at the expense of individuals, legal entities of Turkmenistan and foreign States, as well as foreign Governments and international organizations, illegally occupied land.
2. the return of illegally occupied land is made in the manner prescribed by the legislation of Turkmenistan, by order of a public authority for land management.
 
Article 119. The seizure of the land plot for the systematic violation of the rules regarding the use of the ground 1. For the systematic violation of the rules regarding the use of land plots of land owners, land managers and lessees of lands subject to seizure.
2. seizure of land plots for the systematic violation of the rules regarding the use of land is carried out in accordance with the procedure determined by the present code and other normative legal acts of Turkmenistan.
 
Article 120. Penalties for violation of land legislation of Turkmenistan penalties to owners of land plots, land users and tenants of land shall apply in the following cases:-in stamping out the use of land, failure to comply with mandatory measures to improve land and protection of the soil from wind and water erosion, as well as other processes which degrade soil condition, failure to comply with conditions for removing and storing the fertile layer of soil reclamation, application of pereložnoj farming systems, land uses are not for the intended purpose;
-damage or destruction of the fertile layer of soil, land pollution chemical or radioactive substances, bacterial or parasitic quarantinable animal and plant organisms, industrial and household waste, sewage;
-failure to comply with the requirements of environmental land use regime, violating the terms of a return temporarily occupied lands or neglect to bring them into a State suitable for its intended use;
-commissioning of objects that adversely affect the condition of the land and the environment surrounding natural Wednesday;
-deviations from the approved project in accordance with the established procedure of on land without proper authorization;
-information distortion of State registration, accounting and valuation of land;
-destruction of established characters boundaries;
-unauthorized capture, ploughing and sowing lands situated in the use of State or non-State organizations and enterprises, as well as unauthorized sharing of the plot or of any other acts of violating the land law of Turkmenistan;
-infringement of the rules on the grazing lands of peasant associations and other agricultural enterprises, as well as on public lands in reserve;
-failure to land owners, land users and tenants of land measures to combat weeds.
2. Penalties for violation of land legislation of Turkmenistan are imposed by a public authority on land administration in the order determined by the legislation of Turkmenistan.
(As amended by the Act of March 1, 2014-statements of the Mejlis of Turkmenistan, 2014 g, no. 1, p. 43) article 121. Compensation for damage caused as a result of the violation of land legislation of Turkmenistan
 

Natural and legal persons of Turkmenistan and foreign States, as well as foreign Governments and international organizations are required to reimburse in full the damage caused to them as a result of the violation of land legislation of Turkmenistan.
 
Article 122. Liability of officials for violation of land legislation of Turkmenistan officials who took action on land issues in violation of land legislation of Turkmenistan shall bear responsibility in the manner prescribed by the legislation of Turkmenistan.
 


President Saparmurat

Turkmenistan Turkmenbashi annex to the code of Turkmenistan "on the ground" Extract from the Criminal Code of Turkmenistan Article 181-1.    Illegal transfer of land (1) illegal transfer into private ownership, lease or use of land owned by the State, an official from the seeking property or other personal benefit, is punishable by a fine of from 50 to 100 average monthly wage or by deprivation of liberty for up to one year.
(2) the same Act, if committed: (a));
b) by a group of persons by prior conspiracy, is punishable by deprivation of liberty for up to three years, with deprivation of the right to hold certain posts or engage in certain activities for up to three years.
 
Article 181-2.  Illegal transfer of land for rent (1) illicit transfer of land in State property, an official from the seeking property or other personal benefit or use without signing the relevant documents, or by making false information into documents, shall be punished by imprisonment for one year, with deprivation of the right to hold certain posts or engage in certain activities for up to three years.
(2) the same Act, if committed: (a));
b) by a group of persons by prior conspiracy, is punishable by deprivation of liberty for three years, with deprivation of the right to hold certain posts or engage in certain activities for up to three years.
 
Article 317-1.    Seizure of land seizure, plowing and sowing land use peasant, other public associations, as well as public enterprises, institutions and organizations shall be punished by a fine ranging from twenty to fifty monthly wages with confiscation of harvest or to imprisonment for a term not exceeding three years.  
 
Extraction of the Code on administrative violations of Article 52-1.    Illicit transfer and illegal use of land rent received Illegal transfer of land to a person who has received it and misuse it by another person, shall incur a fine in the amount of up to ten average monthly wage.
 
President of Turkmenistan Saparmurat Turkmenbashi