Hekem Group specialists provide legal advice on the most pressing issues in the field of real estate and financial transactions. This article examines key aspects of housing legislation and financial relationships that are of most interest to citizens of Turkmenistan.

Who are the family members of the owner of residential premises, what are their rights and responsibilities?

According to Article 34 of the Housing Code of Turkmenistan, the family members of the owner of residential premises are the spouse, their children and the parents of the spouses. The legislation also provides for the possibility of recognizing other persons as family members, provided that they have lived together with the owner for at least five years and run a common household. It is important to note that this circumstance can only be established in court.

Article 35 of the Housing Code establishes equal rights and obligations of the owner of residential premises and members of his family with respect to the use of residential premises, unless otherwise agreed upon upon moving in. Members of the owner's family have the right to move in their minor children, but moving in other family members is only possible with the consent of the owner.

In what cases is residential premises considered common joint property?

A residential property may be the subject of common joint property of spouses if it was acquired during the marriage, regardless of who is registered as the owner or who contributed the funds. Spouses have equal rights to own, use and dispose of joint property, and the consent of both spouses is required to complete real estate transactions. Another form of common joint ownership of residential premises is joint ownership (unless otherwise provided in the agreement) of the main tenant and family members living together, including minors and those temporarily absent, acquired as a result of the privatization of residential premises that belonged to the state housing stock. This is provided for in Article 17 of the Law of Turkmenistan "On the Privatization of Residential Premises Belonging to the State Housing Fund" and Article 26 of the Housing Code of Turkmenistan. And Article 35 of the same code categorically prohibits any form of alienation of privatized residential premises without the consent of the owner, his adult children and other persons permanently residing in this residential premises.

What is the procedure for registering in a residential property located in Ashgabat?

Particular attention is paid to the issues of privatization of the state housing stock and the procedure for registration in Ashgabat. Registration of citizens is regulated by the Regulation on the registration of citizens of Turkmenistan, approved by Presidential Resolution No. 1875 of 02.09.2020 (as amended on 26.09.2023). Decisions on registration issues are made by Public Commissions under the Hyakims, while citizens have the right to appeal these decisions in court.

How to ensure the return of money or other fungible items loaned?

Article 645 of the Civil Code of Turkmenistan defines a loan as an agreement between a lender and a borrower. The former transfers ownership of money or other replaceable items, and the latter undertakes to return the received items to the lender in the same kind, quality and quantity. Thus, a loan is one of the civil-law forms of lending. By its legal nature, a loan agreement can be either compensated or gratuitous. The subject of the loan is usually money. The loan agreement is concluded orally. By agreement of the parties, a written form can also be used. When concluding an agreement orally, its validity cannot be established solely on the basis of witness testimony.

Interest rates under the loan agreement must be reasonable and comply with the standards set by the Central Bank of Turkmenistan.

Hekem specialists recommend that loan agreements be drawn up in simple written form to guarantee the return of funds.

For professional advice on these issues, you can contact the Hekem group of companies (Hekem, Hekem Audit and Adyl Hekem), which provides auditing services, property valuation, real estate services and legal advice.

Contact information:

• phone: (+993 12) 47 81 15;
• address: st. 10 Yyl Abadanchylyk 98;
• email: hekem.info@gmail.com.