" Lease is timely compensable contract based possession and use of land, other natural resources, enterprises (associations) and other property complexes and other property necessary to a lessee for independent performance of economic and other activity". Lease is allowed in all branches of economy and may apply to property of all types and forms of ownership (art. 3).
The present Law regulates relations between the State and its authorized bodies and legal and natural persons in the process of privatisation of state property. Article 4 defines the basic principles of privatisation. The Government of the Republic of Tajikistan, within the limits of its competence, shall: manage the process of privatisation of state property in the Republic of Tajikistan; approve programs for the privatisation of state property; establish the order and methods of valuation for objects, subject to privatisation make other decisions on privatisation issues.
The following amendments and addenda are introduced into the Law on investment activities: 1.
The scope of this Law shall be to introduce crop rotation on agricultural land, including combined, intermediate and recurrent sowing for the purpose of raising production of agricultural commodities. Expropriation of agricultural land for non-agricultural purposes shall be authorized in exceptional cases by decision of the Cabinet of Ministers with full compensation to landowners and land tenants.
Dhekan farms are independent commercial enterprises with legal form and capacity as described in article 2. Such farms can voluntarily unite and join cooperative societies. Qualified persons have a preferential right on the granting of land plots. Such land is granted on the basis of conditions specified in article 6. District authorities shall create land funds for purposes of Dhekan development (art. 7). Certificates proving the right on a Dhekan farm are given out by the State. Lease shall be regulated by contract (art. 8). Dhekan farms shall be registered in accordance with article 11.
The Law determines the basic principles of the organization and regulation of activities in the fuel and energy sector. All primary energy resources shall be the exclusive property of the state and the management thereof shall be subject to licensing. The Law shall be applicable to energy production, transmission, storage and to such fuels as oil, natural gas, coal and renewable sources of energy.
The present Law shall define organizational, economic and legal terms and conditions of foreign concessions in Turkmenistan. A concession shall provide for the right given by the state to a foreign legal entity or a natural person – a concessionaire – to use plots of land, natural resources, enterprises and other assets on the basis of an agreement for a specified period of time and in return for a payment. Concession activity in Turkmenistan is carried out in accordance with the following principles: rational use of natural resources, ensuring ecological, sanitary and hygienic safety.
The present Law determines general legal and economic principles of the establishment and functioning of free economic zones, regulates the relations between the subjects of economic activity operating on the territory of a free economic zone. The Law aims at ensuring the development of the regional economic and scientific-technical potential with the involvement of foreign investors and subjects of economic activity from the private sector of economy.
The present Law defines legal, economic and social conditions of investment activities on the territory of Turkmenistan. It aims at ensuring equal protection of rights, interests and assets of a subject of investment activities regardless of property forms. Investments mean all kinds of property and intellectual values invested into the objects of entrepreneurial activities resulting in generating profit or obtaining social benefit. Such values may be the rights of land and other natural resources use, and other property rights.
The centrepiece of the Law on Land Reform is the creation of Special Land Funds administered by local authorities, for the assignment of user rights thereon, including, in particular, lease rights, to individuals and concerns. Private ownership of land is contemplated only as a result of the disbanding of collective enterprises (art. 14), but it is the stated policy of the Republic of Tajikistan not to restore ownership of land formerly held by "ancestors" and religious institutions (art. 2.2).
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