TÜRKMENISTANYŇ DÖWLET, HUKUK WE DEMOKRATIÝA INSTITUTY
Suray ORAZOVA,
Researcher at the Institute of State,
Law and Democracy of Turkmenistan
Steady growth of the economy, increase in national income, financial and social stability are the sources of improvement of all important indicators characterizing the prosperous life of Turkmen. Ensuring high standards of quality of life for all social and demographic groups of the country's population, creating favorable, prosperous and safe living conditions both in cities and in rural areas, is a priority direction of social policy.
In the development and implementation of state programs for the transformation of cities and villages, well-considered approaches, advanced engineering and technical solutions, wide availability of basic social services, energy sources, and transportation services for the population are important criteria. In this regard, the large-scale construction of residential buildings, their modern architectural and aesthetic appearance, environmental friendliness and seismic resistance of settlements, provision of public and social services are important evidence of the creation of favorable living conditions for the people of Turkmenistan. The improvement of the social and living conditions of rural residents is evident by creating a favorable, prosperous living environment for them, bringing their life closer to the city, ensuring the availability of social services and environmental safety.
As is well known, housing provision occupies one of the leading places among people's essential needs. Housing conditions have a significant impact on personality formation, health protection, realization of opportunities in work and creative spheres, family creation and happy life.
Providing state support to citizens in obtaining or acquiring comfortable housing and in self-construction is a priority area of social policy. In the context of a market economy pursuing independence and permanent neutrality, Turkmenistan's housing legislation has been improved in accordance with generally recognized norms of international law, and also experience and the organization of its implementation are being developed. Turkmenistan's housing legislation is based on the Constitution of Turkmenistan and consists of the Housing Code of Turkmenistan, adopted on March 2, 2013, and other regulatory legal acts adopted in accordance with it.
According to Article 51 of the Constitution of Turkmenistan, every citizen has the right to housing and state support in obtaining or acquiring comfortable housing, as well as in the construction of an individual residential building [1]. The Civil Code of Turkmenistan and the Housing Code of Turkmenistan establish the legal basis for economic relations aimed at realizing citizens' constitutional rights to housing and the formation and development of the housing market.
The Civil Code of Turkmenistan defines the rules of property rights to housing, along with all areas of civil law relations, and regulates the relationships between homeowners [2].
The Housing Code of Turkmenistan (hereinafter referred to as the HCT) was developed taking into account the national economy's transition to a free market economy and aims to create an economic structure based on strong social security and ensure its successful functioning [3].
The HCT provides citizens with broad opportunities for the privatization of residential premises. Its provisions regulate the establishment, implementation, modification, and termination of housing relations; the registration of housing stock; the use, maintenance, and repair of residential premises; and compliance with citizens' housing rights and the intended use of residential premises.
Article 15 of the HCT clearly defines the types of housing stock. According to the code, private housing properties may be owned not only by individuals but also by legal entities not related to state property. Depending on the purpose of usage, distinctions are made between social, specialized, individual, and commercial housing stock. In addition, it is determined that the number and size of private residential premises of an individual or legal entity are not limited (Article 23).
At the same time, regulations are being established regarding the types of residential premises, their purpose, the procedure for converting residential premises into non-residential and vice versa, redevelopment, or layout changes.
The Housing Code establishes the grounds for the emergence of private ownership of residential premises. These include the construction of a house (or part of a house); purchase and sale, exchange, donation; inheritance; acquisition on terms of payment using special preferential credit funds on a long-term basis; privatization (free or paid) of residential premises belonging to the state housing stock occupied by a tenant; full payment of a share by a member of a housing association for residential premises; and other grounds stipulated by law. The acquisition of private ownership is ensured by the creation of a special land fund for individual housing construction in private ownership, the construction of individual residential buildings in private ownership, the use of long-term preferential loans for this purpose, and other measures, and is carried out in accordance with the established legal procedures through mortgages and other methods provided by the legislation of Turkmenistan.
In accordance with Article 43 of the HCT, individuals and legal entities not under state ownership have the right to voluntarily establish housing associations and become members thereof to meet the need for housing. An association is established for the construction, acquisition, management, and use of a residential building for its members. Members of the association contribute their own funds to the acquisition, construction, reconstruction, and maintenance of an apartment building.
However, provisions related to the right of common ownership of real estate and other property in an apartment building are set forth in a separate chapter of the HCT. Owners of residential units in an apartment building own, use, and dispose of common property in the building in accordance with the procedure established by law. All owners of residential units in an apartment building form an owners' association of residential units, which operates on a public self-government basis. Its main task is to ensure the use and maintenance of an apartment building in accordance with the legislation of Turkmenistan, and to jointly determine the conditions and procedures for the ownership and use of common property in an apartment building (Article 57).
A clear definition of the categories of citizens in need of state support to improve their housing conditions (Article 65) demonstrates the humanitarian and social nature of the Housing Code. The rights of citizens eligible to receive housing from the state housing stock and registered (general list), as well as those eligible for priority and out-of-turn housing and registered, are described in detail in the relevant articles (Articles 67–69).
Another convenient option for obtaining or acquiring housing is shared construction. This is achieved through the involvement of shareholders' funds by builders for the construction of residential buildings, residential premises, and/or other real estate. The special regulatory legal act defining the legal, economic, and organizational foundations of this activity is the Law of Turkmenistan “On Shared Construction of Residential Buildings and Other Real Estate,” adopted on March 31, 2012. The Law clearly establishes the procedure for concluding a shared construction participation agreement, the deadlines for transferring the shared construction project to the participant by the builder, the rights and obligations of the participant and the builder, and liability [4].
The provisions of the Law of Turkmenistan “On the Privatization of Residential Premises of the State Housing Stock” of June 22, 2013, and the Presidential Decree “On the Regulation of the Privatization of Residential Premises of the State Housing Stock” of April 11, 2014 define the important legal, organizational, and economic foundations for the free or paid transfer of state housing premises into ownership.
The Law of Turkmenistan “On State Registration of Rights to Real Estate and Transactions Related to It” of May 3, 2014 establishes the legal basis and procedure for state registration of rights to real estate, encumbrances on these rights, as well as transactions with it, for the purpose of recognizing and protecting state-registered rights to real estate, encumbrances on rights, and transactions with it [5]. Its provisions establish legal guarantees for the protection of state and private interests in legal relations related to real estate.
For more precise definition of the forms of ownership of housing stock, on December 11, 2015, under the Ministry of Justice of Turkmenistan by the Decree of the President of Turkmenistan, was established the Service for State Registration of Rights to Real Estate and Related Transactions
As can be seen, our state's social policy is manifested in the construction and commissioning of residential buildings with all amenities. Moreover, the establishment of legal and organizational foundations for financial support for young people deserves special attention.
Article 40 of the Basic Law stipulates that the state creates conditions for the exercise of the rights and freedoms of youth and promotes their comprehensive development. Standards for state support for young professionals are enshrined in Article 28 of the Law of Turkmenistan “On State Youth Policy” [6]. Specifically, improving housing conditions or providing housing to young professionals in need is carried out in accordance with housing legislation. Employers have the right to establish an independent housing program for young professionals in need of improved housing conditions.
As a result of the Esteemed President's special attention to the construction of residential buildings based on mortgage loans, a system for providing young families with loans and land plots for their housing is being developed. Legal and social protection for young people is ensured, including the provision of preferential loans to young families for the construction and purchase of housing and the establishment of a household.
As a result, state policy to improve housing conditions contributes to ensuring a prosperous and dignified life for the population, preserving family traditions, strengthening young families, and retaining young professionals in their native places. Overall, national housing legislation is being improved in alignment with international standards.
Bibliography
1. Türkmenistanyň Konstitusiýasy. Aşgabat, Türkmen döwlet neşirýat gullugy, 2023 ý.
2. Türkmenistanyň Raýat kodeksi https://minjust.gov.tm/hukuk/merkezi/hukuk/698
3. Türkmenistanyň Ýaşaýyş jaý kodeksi // Türkmenistanyň Mejlisiniň Maglumatlary, 2013 ý., № 1, 3-nji madda.
4. “Ýaşaýyş jaýlarynyň we gozgalmaýan emläge degişli başga obýektleriň paýly gurluşygy hakynda” Türkmenistanyň Kanuny // Türkmenistanyň Mejlisiniň Maglumatlary, 2012 ý., № 1, 40-njy madda.
5. “Gozgalmaýan emläge bolan hukuklaryň we onuň bilen bagly geleşikleriň döwlet tarapyndan bellige alynmagy hakynda” Türkmenistanyň Kanuny // Türkmenistanyň Mejlisiniň Maglumatlary, 2014 ý., № 2, 73-nji madda.
6. “Ýaşlar barada döwlet syýasaty hakynda” Türkmenistanyň Kanuny // Türkmenistanyň Mejlisiniň Maglumatlary, 2013 ý., № 32, 53-nji madda.