About the Property
THE LAW
OF TURKMENISTAN
About the property
(Bulletin of the Mejlis of Turkmenistan, 2015, no. 4, article 140)
(As amended by the Laws of Turkmenistan dated 15.10.2016 No. 461-V, 08.06.2019 No. 153-VI and dated 05.10.2019 No. 183-VI)
This Law defines the forms of ownership in Turkmenistan, the legal and economic foundations of property relations, the conditions for the emergence of property rights and is aimed to developing property relations, ensuring the reservation and protection of property rights.
CHAPTER I. GENERAL PROVISIONS
Article 1. Basic concept
The following basic concepts are used in this Law:
1) property – the system of economic and legal relations that characterize the socio-economic and organizational forms of distribution (assignment) of property;
2) the ownership right – legally regulated public (property and personal non-property) relations for the possession, use and disposal of property:
(a) ownership right – the actual control of property permitted by law;
b) right of use – the right to use the useful parameters of the property for personal use.
The right to use also includes the possibility of person not to use its property;
c) right of disposal – the right to include property in economic turnover by making civil transactions that provide for its alienation or transfer to temporary possession and use;
3) the right of economic management – the right of an enterprise to own, use and dispose of property assigned to it by the owner of this property within the limits established by law;
4) the right of operational management – the form of ownership of property transferred by the owner to the operational management of the enterprise (institution), according to which this enterprise (institution) can dispose of this property only with the consent of the owner.
Article 2. Legislation of Turkmenistan about the property
1. The legislation of Turkmenistan about the property is based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan.
2. Property relations that are not provided for by this Law are regulated by civil legislation and other normative legal acts of Turkmenistan.
3. Relations on incorporation and use of inventions, discoveries, works of science, literature and art and other objects of intellectual property rights are regulated by the legislation on copyright and related powers and other legislation of Turkmenistan.
4. If by the International Contract of Turkmenistan establishes rules other than those provided for by this Law, the rules of the International Contract shall apply.
Article 3. State regulation of property relations
1. The state regulation of property relations consists in bringing the relations of powers and obligations of the owner in accordance with objectively determined requirements for the priority of the public good and is provided through the legislatively strengthened mechanism for state regulation of property rights.
2. The mechanism of the state regulation of property rights provides:
1) denationalization and privatization of state and municipal property;
2) changing the property relations of private ownership of economic resources in the public interest, carried out on a compensatory basis;
3) regulation of the content components of property of a socio-economic nature, including:
a) the restrictions imposed by the state on the owner in the course of its business activities, such as providing in the field of labor relations, compliance, environmental standards, ensuring quality towarowy services and other requirements, as well as regulate land use management activities in accordance with conceptualizing partnership;
b) regulating income based on its redistribution in accordance with the tax legislation of Turkmenistan and through social transfers for certain categories of citizens.
Article 4. Ownership
1. Property rights in Turkmenistan arise in accordance with the procedure and conditions provided for by this Law and other normative legal acts of Turkmenistan.
2. Property rights in Turkmenistan are recognized and protected by law.
In Turkmenistan, the property right of citizens, legal entities of Turkmenistan, and the state to property located abroad is recognized and protected by law.
3. The subject of property rights (owner), at its discretion, owns, uses and disposes of the property belonging to it, subject to the restrictions established by the legislation of Turkmenistan.
4. The owner may delegate his powers of possession, use and disposal of property to another person, used as collateral or encumber it in any other way transfer its property in the property or management person and entitled to make in respect of his property any actions not contradicting to the Legislation.
The owner may use the property for carrying out business or other activities that do not contradict the legislation of Turkmenistan.
5. The results of economic and other use of property, which are the results of such use of property, belong to the owner of this property, unless otherwise provided by the legislation of Turkmenistan or the agreement of the owner with another person (hereinafter - the agreement).
6. In cases, under the conditions and within the limits stipulated by the legislation of Turkmenistan, the owner may be obligated to allow limited use of his property by other persons.
7. The owner bears the burden of maintenance of property belonging to him, as well as the risk of accidental loss resluting damage, unless otherwise provided by law or contract.
8. The exercise of property rights must not cause damage to the environment, violate the powers and interests of individuals and legal entities and the state protected by the legislation of Turkmenistan.
Article 5. Objects of property rights
The objects of property rights may be: land, its subsoil, mountain allotments, water resources, air space, forest fund, vegetation and animal world, property complexes, buildings, structures, housing and communal facilities, equipment, monetary assets, securities and other property of industrial, consumer, social, cultural and other purposes, cultural items, discoveries, inventions, industrial designs, trademarks and service marks, and other results of intellectual activity.
Article 6. Subjects of property rights. Form of ownership
1. The subjects of property rights in Turkmenistan are individuals and legal entities, and the state.
2. Property in Turkmenistan takes the following forms:
1) private;
2) state;
3) property of public associations;
4) property of cooperative associations;
5) ownership of joint ventures;
6) mixed (combined) property;
7) property of foreign States, their legal entities and citizens;
8) property of international organizations.
3. The legislation of Turkmenistan may establish other forms of ownership that are not provided for by this Law.
Article 7. Real rights
1. In cases established by the legislation of Turkmenistan, or at the discretion of the owner, the powers of possession, use, and disposal of his property may be assigned to other persons who exercise these powers within the limits provided by law or by the owner of the property.
Persons who carry out economic or other use of the property of the owner under these conditions shall be provided with the same guarantees of protection of their powers and legitimate interests as the owner, unless otherwise provided by the legislation of Turkmenistan.
2. The owner can assign the property belonging to him to the enterprise incorporated by him on the right of economic management.
The enterprise, exercising the right of economic management in respect of the property assigned to it, owns, uses and disposes of the specified property, performs any actions with it that do not contradict the legislation of Turkmenistan. The rules on the ownership right apply to the right of economic management, unless otherwise provided by the legislation of Turkmenistan or the agreement of the enterprise with the owner.
The owner or persons authorized by the owner to manage his property, in accordance with the legislation of Turkmenistan and the constituent documents of the enterprise, decide on the establishment of the enterprise and determine the goals of its activities, its re-organization and liquidation, monitor the efficiency of use and safety of the entrusted property.
The owner is entitled to receive a part of the profit from the use of the property that he has transferred to the enterprise, in the amount determined by the agreement. Disputes arising in determining this share are resolved in court.
3. The state enterprise operating under the right of economic management shall not be entitled without the consent of the owner or the authorized state body:
a) to sell or transfer to third parties, exchange, provide temporary use of buildings, structures, equipment and other fixed assets of the enterprise under their management;
b) incorporate branches, subsidiaries, establish joint ventures and single production facilities with private enterprises, and invest production resources and financial resources to them.
4. The property assigned by the owner to the state budgetary institution or other institution financed by the owner's funds is under the operational management of this institution.
The state budgetary institution is an institution established by the state authorities of Turkmenistan, including local Executive authorities, to perform managerial, socio-cultural, scientific-technical or other non-commercial functions, whose activities are financed from the state budget of Turkmenistan.
The owner of the property assigned to the institution is entitled to withdraw this property or redistribute it among other legal entities incorporated by it at his discretion, unless otherwise established by the legislation of Turkmenistan.
State budget institution and other institutions engaged with the consent of the owner of Predprinimatelskaya, in the cases provided for by law, acquire the right to an independent asparaginamide from such activity and property acquired through these revenues.
Article 8. Acquisition and termination of ownership powers
1. An individual or legal entity, unless otherwise provided by the legislation of Turkmenistan or a contract, acquires ownership powers to:
1) property acquired by them on grounds that do not contradict the law;
2) things incorporated or substantially reworked by him;
3) products, results and other income received by him from the use of property belonging to him, as well as from the use of natural resources or other property, although not belonging to this person, but provided to him for these purposes in accordance with the legislation of Turkmenistan or the contract.
2. The ownership right of the acquirer of property arises from the moment of transfer of the thing to him, unless otherwise provided by the legislation of Turkmenistan or the contract.
3. Termination of the ownership right against the will of the owner is not allowed except in cases of lien on this property for the obligations of the owner in cases and order stipulated by the legislation of Turkmenistan, expropriation of property which may not belong to that owner by virtue of the law.
Article 9. Common property
1. Common property shall arise by operation of law or under the contract.
2. The property may belong to several persons simultaneously on the right of common ownership with the determination of the shares of each of them (shared ownership) or without the determination of shares (joint ownership).
Possession, use and disposal of property in common ownership are carried out under the agreement of the owners, and in its absence are established by the court at the suit of any of the owners.
3. The participant in common shared ownership is entitled to allocate its share, and a participant in common joint ownership is entitled to determine and allocate its share.
4. When selling their share by one participant of the common property, the other participants of such property have a pre-emptive right to purchase the sold share in the manner and under the conditions established by the legislation of Turkmenistan.
Article 10. Lien on the property of the owner
1. Individuals are liable for their obligations within the limits of the property that belongs to them by ownership right.
The list of citizens property that cannot be foreclosed on by creditors claims is established by the legislation of Turkmenistan.
2. The owner is not liable for the obligations of the legal entity incorporated by him, and the legal entity is not liable for the obligations of the owner, except in cases stipulated by the legislation of Turkmenistan.
3. For the obligations of a legal entity, a penalty may be levied on any property belonging to it under legal ownership or economic management, except in cases stipulated by the legislation of Turkmenistan.
4. Undisputed collection of debts on owners obligations to the state, including arrears on payments to the state budget of Turkmenistan, is allowed in cases stipulated by the legislation of Turkmenistan. If the owner does not agree with the decision on such collection, the owner is entitled to file a claim in court.
CHAPTER II. PRIVATE PROPERTY RIGHT
Article 11. General provisions
The private form of ownership is divided into the property of citizens and the property of legal entities of Turkmenistan.
Article 12. Property rights of citizens of Turkmenistan
1. The property of a citizen is incorporated and multiplied at the expense of his income from participation in production and other disposal of his abilities to work, from business activities, from running his own economy and income from funds invested in credit institutions, shares and other securities, the acquisition of property by inheritance and on other grounds that do not contradict the legislation of Turkmenistan.
2. The right to inherit a citizen's property is recognized and protected by law.
3. The objects of a citizen's property may be:
1) land plot;
2) residential buildings, apartments, garden houses, garages, other buildings, plantings on land, household items and personal consumption;
3) productive and working cattle, poultry;
4) cash funds;
5) shares, bonds and other securities;
6) results of intellectual activity;
7) mass media;
8) enterprises, property complexes in the sphere of entrepreneurial activity, buildings, structures, equipment, vehicles and other means of production;
9) any other property of industrial, consumer, social, cultural or other purpose, except for the types of property provided for by the legislation of Turkmenistan, which may not belong to a citizen.
4. The amount and value of property acquired by a citizen in accordance with the legislation of Turkmenistan or a contract is not limited.
5. The object of ownership of an association of citizens is formed from the contributions of participants, income received from business activities, and other legal sources.
Article 13. The ownership right of the citizen engaged in entrepreneurial activity
1. The citizen can use the property owned by him for business activities without forming a legal entity for this purpose.
2. If the citizen uses the property of family members and (or) other citizens for joint entrepreneurial activity, the products produced and the income received belong to them on the right of common shared ownership, unless otherwise stipulated by the agreement between them.
3. In cases when a citizen assigns his property to an enterprise incorporated by him, he acquires the powers provided for in the second part of article 7 of this Law.
4. The citizens can carry out business activities using their property as a contribution to joint-stock companies, business companies, cooperative and other enterprises, other associations of citizens and legal entities.
Article 14. Property rights of legal entities of Turkmenistan
1. The property of legal entities of Turkmenistan is divided into the property of enterprises and the property of business associations.
2. The property company formed by the consolidation of the citizen and (or) legal entity of its property saastamoinen enterprise, and as a result of privatization and privatization of objects of state ownership predprijatijam accordance with the legislation of Turkmenistan.
3. Joint-stock companies, business companies and other enterprises established as property owners and legal entities are entitled to own property transferred to them in the form of deposits and other contributions by their participants, as well as property obtained as a result of business activities and acquired on other grounds that do not contradict the legislation of Turkmenistan. Joint-stock companies are also owners of funds received by them from the sale of shares.
4. Enterprises can form associations, concerns, and other forms of business associations that have the powers of a legal entity under an agreement between them.
The business Association is entitled to own property voluntarily transferred to it by its participants, as well as received as a result of the activities of the business Association.
CHAPTER III. POWER OF THE STATE REGISTRATION OF THE PROPERTY
Article 15. Property and other real powers to land, other natural resources, cultural heritage of Turkmenistan
1. The land, its subsoil, waters, flora and fauna, air space, and cultural heritage are the property of the people of Turkmenistan.
2. Turkmenistan owns, uses and disposes of land and other natural resources on its territory.
3. All lands of Turkmenistan, except for lands granted to citizens of Turkmenistan in private ownership, are owned by the state.
Lands granted to state reserves, as well as lands of other specially protected natural territories, are the exclusive property of the state.
4. Land plots may be granted for the possession and use of individuals and legal entities, public associations, administrative-territorial entities in accordance with the land legislation of Turkmenistan.
5. Waters, subsurface resources and their resources, including mountain allotments for exploration and development of mineral deposits, geological and geophysical information on subsurface resources, resources of the continental shelf and the marine economic zone, air space, and other natural resources belonging to the exclusive property of the state, are provided to subjects of legal ownership for possession and use in accordance with the legislation of Turkmenistan.
6. Other real powers to land plots and other natural resources are granted and exercised in the cases and in the manner prescribed by the legislation of Turkmenistan.
7. Cultural values that are the national cultural heritage of Turkmenistan belong exclusively to Turkmenistan without the right to transfer them to other States.
Article 16. Objects of state property rights
1. The state property is the property of the people of Turkmenistan.
2. The state property includes: land, state objects of national cultural heritage of Turkmenistan, property of state authorities of Turkmenistan, Armed Forces, national security bodies, border and internal troops, defense facilities, unified energy system; public transport, communications and information systems of national significance; funds of the state budget of Turkmenistan, the Central Bank of Turkmenistan, other state banks and their institutions and credit resources incorporated by them; state reserve, insurance and other funds; property of state educational institutions, research institutes, centers and facilities of the Academy of Sciences of Turkmenistan,hydrometeorological service, patent service, environmental protection service, standardization and metrology.
In state ownership there may be enterprises and industrial complexes; state industrial complex; objects of social-cultural sphere and other property incorporated and acquired through credit guaranteed budget of Turkmenistan and other state funds or donated to the property by Turkmenistan the subjects of property rights, discoveries, inventions, and other results of intellectual activity.
3. Property that is state property is assigned to state-owned enterprises (institutions) in the field of economic management or on the right of operational management.
4. The disposal and management of state property is carried out by the relevant authorized state bodies.
5. By the decision of the Cabinet of Ministers of Turkmenistan, state-owned property may be transferred to a vacant company, joint venture, or business entity established for the purpose of improving the performance and increasing the efficiency of a state-owned enterprise. In this case, state-owned enterprises are liable for their obligations with this property.
51. State-owned property may be assigned for use by public associations and their enterprises on the basis of a resolution of the Cabinet of Ministers of Turkmenistan with the right of economic management or the right of operational management.
6. The state bodies of Turkmenistan may transfer to religious organizations the ownership or gratuitous use of cult buildings and other property owned by the state, in accordance with the procedure established by the legislation of Turkmenistan.
Article 17. Municipal property rights
1. In the municipal property may be a property of the local authorities, the means of appropriate budgets, state housing fund, housing and utilities, non-residential premises in housing complex, businesses, agriculture, trade, consumer services, transportation, industrial, construction and other enterprises, public institutions of education, culture, health and other property of economic and social development of the city in districts (etrap), settlements, villages (gengeshlik).
2. The property that is municipal property is assigned to enterprises (institutions) on the right of economic study or on the right of operational management.
Article 18. Denationalization and privatization of the state and municipal property
Enterprises, property complexes, buildings, structures and other property belonging to the state or municipal ownership may be alienated to the private property of citizens and legal entities through their denationalization and privatization in accordance with the procedure and conditions established by the legislation of Turkmenistan.
CHAPTER IV. OWNERSHIP RIGHT OF PUBLIC ASSOCIATION. THE OWNERSHIP RIGHT OF COOPERATIVE ASSOCIATIONS. MIXED (COMBINED) PROPERTY
Article 19. General provisions on the ownership of public associations
1. Public associations may own buildings, structures, constructions, housing stock, transport, equipment, inventory, cultural, educational and recreational property, funds, shares, other securities, results of intellectual labor and other property necessary for material support of the activities determined by their charters.
Public associations may also own institutions, publishing houses, mass media, and banks that are incorporated and acquired at their own expense, in accordance with their statutory goals.
2. In order to ensure state and public security, the legislation of Turkmenistan or an international agreement of Turkmenistan may define types of property that public associations may not own.
3. Enterprises and institutions incorporated or acquired as legal entities by public associations are entitled of economic management to the property assigned to them or the right of operational management of it.
4. The organizational structures of a public Association are entitled to dispose of the property of a public Association within the limits determined by the Charter of this public Associations.
Article 20. The ownership right of public funds
1. Public foundations are entitled of ownership of the property transferred to them by the founders in order to achieve the socially useful goal defined by them.
2. Public funds also are entitled to own property acquired or incorporated by them at the expense of their own funds, including income from business activities of an auxiliary nature, as well as property transferred to them by citizens, legal entities or the state, acquired on other grounds that do not contradict the legislation of Turkmenistan.
Article 21. The ownership right of religious organizations
1. Religious organizations may own buildings, objects of worship, objects of production, social and creative purposes, monetary funds and other property necessary to ensure their activities.
2. Religious organizations are entitled to own property acquired or incorporated by them at their own expense, donated (bequeathed) by citizens, public associations, or transferred by the state or acquired on other grounds that do not contradict the legislation of Turkmenistan.
3. Property of religious significance belonging to religious organizations cannot be foreclosed on claims of creditors.
Article 22. The ownership right of cooperative associations
Cooperative associations are entitled to own property formed at the expense of monetary and other property assets of their members, as well as income received by them from production, trade, procurement and other activities provided for by their Charter.
Article 23. Mixed (combined) property
Mixed (combined) property occurs when combining objects of private and state property, as well as the property of public associations, foreign States, their legal entities and individuals.
CHAPTER V. THE OWNERSHIP RIGHT OF JOINT VENTURES. PROPERTY RIGHTS OF FOREIGN STATES, INTERNATIONAL ORGANIZATIONS, LEGAL ENTITIES AND CITIZENS OF
FOREIGN STATES, STATELESS PERSONS
Article 24. Ownership of joint ventures
Joint ventures with the participation of legal entities and individuals of Turkmenistan and legal entities and citizens of foreign States may own property necessary for carrying out activities provided for in the founding documents, unless otherwise established by the legislation of Turkmenistan.
Article 25. Property of foreign States and international organizations
Foreign States and international organizations are entitled to own buildings, structures, and other property necessary for the implementation of diplomatic, consular, and other international relations on the territory of Turkmenistan, in accordance with the rules and procedures established by the legislation of Turkmenistan and international agreements of Turkmenistan.
Article 26. Property of legal entities of foreign States
Legal entities of foreign States are entitled to own industrial and other enterprises, buildings, structures and other property on the territory of Turkmenistan for carrying out business and other activities in the cases and in the manner established by the legislation of Turkmenistan.
Article 27. Property of foreign citizens and stateless persons
The provisions of this Law shall also apply to the property of foreign citizens or stateless persons located in Turkmenistan, unless otherwise provided by the legislation of Turkmenistan.
CHAPTER VI. PROPERTY RIGHTS PROTECTION
Article 28. Basic provisions on the protection of property rights
1. Turkmenistan guarantees inviolability, equal protection and equal conditions for the development of all forms of property.
2. The owner is entitled to claim his property from someone else's illegal possession in accordance with the civil legislation of Turkmenistan.
3. The owner may demand that any violations of his right be eliminated, although these violations were not related to the deprivation of possession.
4. The property rights are protected by the court.
5. The powers provided for in this article also belong to a person who, although not the owner, owns an object of property on the right of economic management, operational management, or on other grounds provided for by the legislation of Turkmenistan and the agreement. This person also is entitled to defend his property against the owner.
Article 29. Protection of the owner's interests in case of termination of his powers on the grounds stipulated by law.
1. Compulsory paid alienation of property is allowed only in cases established by law.
2. In case of adoption of the normative legal act of Turkmenistan that terminates the ownership right, losses caused to the owner as a result of the adoption of this act, by the court decision, the state shall compensate the owner in full.
3. Termination of property rights in connection with the decision of the public authority directly aimed at the removal of property of the owner, including the decision about withdrawal of the land plot, which are owned by the owner of the house, other buildings, structures or plantings, shall be permitted only in cases and order established by the legislation of Turkmenistan, with providing to the owner of equivalent property or compensation for the full losses caused by the termination of the property right.
If the owner does not agree with the decision entailing the termination of the property right, it cannot be implemented until the dispute is resolved by the court. In this case, the court decides whether to provide the owner with equivalent property or compensate the owner for the excess in full due to the termination of the ownership right.
4. In the event of natural disasters, accidents, epidemics, epizootics and other circumstances of an extraordinary nature, the object of property in the public interest may be withdrawn from the owner by the decision of the state authorities in the manner and under the conditions established by the legislation of Turkmenistan, with payment of the cost of the property at the time of withdrawal (requisition).
Confiscation of property is not allowed, except for property acquired in a manner prohibited by law.
5. The damage caused to the owner as a consequence of the committed crime is subject to compensation in accordance with the procedure established by the legislation of Turkmenistan.
Article 30. Invalidity of acts that violate the powers of owners
1. If the result of the publication of the act of state authorities, local self-government, contrary to Legislationa, violated the powers of the owner or other persons for possession, use and disposal of property belonging to them, such act is recognized invalid by the court at the suit of the owner or the person whose powers have been violated.
2. Losses, including lost profits, caused to individuals and legal entities as a result of the issuance of these acts, are subject to compensation in full at the expense of the relevant state authority or administration, local self-government.
CHAPTER VII. FINAL PROVISION
Article 31. Entry into force of this Law
1. This Law comes into force from the date of its official publication.
2. Recognize as invalid:
Law of Turkmenistan "about the property", adopted on October 1, 1993 (Bulletin of the Mejlis of Turkmenistan, 1993, No. 9-10, article 53);
part III of the law of Turkmenistan "About amendments to certain legislative acts of Turkmenistan", adopted on March 30, 2007 (Bulletin of the Mejlis of Turkmenistan, 2007, no. 1, article 40);
Law of Turkmenistan "About amendments to the law of Turkmenistan" on property", adopted on May 4, 2012 (Bulletin of the Mejlis of Turkmenistan, 2012, no. 2, article 52);
paragraph 1 of part I of the Law of Turkmenistan "About amendments and additions to certain legislative acts of Turkmenistan", adopted on November 8, 2014 (Bulletin of the Mejlis of Turkmenistan, 2014, No. 4, article 148).
President Gurbanguly
of Turkmenistan Berdimuhamedov
Ashgabat
November 21, 2015
No. 306-V.