6.5 Right to own property According to legislation on the status of foreigners in all four States, rights to own property and intellectual property are accorded to foreigners468 on the same footing as nationals and extend to people officially recognised as stateless who have permission to reside permanently on the territory. In Kyrgyzstan and Kazakhstan, rights to land ownership are not the same for foreigners and stateless as for nationals. Kyrgyzstan introduced private ownership of land in its Land Code of 1999469 and has subsequently given Kyrgyz town-dwellers and corporate buyers the right to purchase it, in an attempt to encourage agricultural investment. Between 2006 and 2009, it was the first Central Asian State to make a complete land inventory of its territory. According to the Law on the Management of Agricultural Lands, agricultural land cannot be offered or transferred to foreigners; to stateless persons living on Kyrgyz territory; or to married partners, if one is foreign or stateless.470 Kazakhstan imposes geographical restrictions on the lease and ownership of land by stateless persons and other foreigners. According to its 2003 Land Code, within a 3-kilometer protection zone next to the State border foreigners and stateless persons are not allowed to own or have permanent use of forests or agricultural land. Elsewhere on Kazakh territory they are unable to own land but can lease it for up to 10 years. Kazakh nationals and Kazakh legal entities, on the other hand, can lease land parcels for terms of between 5 and 49 years.471 The Property Law of Turkmenistan472 also distinguishes between the rights of nationals and foreigners to own land.473 The Property Law of Tajikistan474 vests ownership of the land (and all other natural resources and air space) in the Tajik State, which can provide plots of land and other resources for ownership and use by physical and juridical personalities, in accordance with the Land Code.475 Land owners can include foreign States, foreign citizens and stateless persons476 and all the legal provisions that apply to the property of Tajik citizens apply equally to foreigners and stateless persons, unless otherwise provided by law.477 None of the four States distinguishes between rights to other forms of property enjoyed by stateless persons and nationals. Kazakhstan, for instance, sets no ceiling on the number of shares that foreigners or stateless persons can hold in a national company.478 In each State, the enjoyment of property rights involves the conclusion of civil law deeds and contracts and all four States demand valid identity documentation to do this. In Kyrgyzstan, purchases and transfers of land are registered by the State. Land plots sub-divided independently will not be registered and their479 owners’ title to them will not 468 Article 11, 1993 Law No 1296-XII ‘On the Legal Status of Foreigners’ in Kyrgyzstan; Article 12, 1997 Law No 500 ‘On the Legal Status of Foreigners’ in Tajikistan, amended in 2009; Article 12, 1993 Law ‘On the Legal Status of Foreigners’ in Turkmenistan, amended in 2011; Article 9, 1995 Law No 2337 ‘On the Legal Status of Foreigners in Kazakhstan. 469 The 1999 Land Code of Kyrgyzstan, subsequently amended in 2007. 470 Article 7 of the 2001 Law on the Management of Agricultural Lands of Kyrgyzstan, subsequently amended in 2006, 2007 and 2009. 471 Decision of the Supreme Court of Kazakhstan, No 6, 16 July 2007 ‘Clarifying Property Rights and Application of Land Legislation’. Point 19 clarifies the land and property rights of foreigners and stateless persons. 472 1993 Property Law of Turkmenistan. 473 Ibid, Article 19. The law says that stateless persons and foreigners are allowed to own land ‘plots’. It does not articulate in what ways their property rights differ from those of Turkmen nationals. 474 1996 Law No 385 ‘On Property’ of Tajikistan. 475 Ibid, Article 7. 476 Ibid, Article 5. 477 Ibid, Article 38. 478 The Russian Federation, for instance, imposes a 50% ceiling on foreign shareholdings, cited in Zhaniya B. Ussen and Zarina S. Umerbayeva, New Land Code is Centrepiece of Agricultural Reform in Kazakhstan, Kazakhstan International Business Magazine, No 3, 2003, available at www. investkz.com/en/journals/36/2000. 479 Article 9, 2000 Law ‘On the Management of Agricultural Lands’ in Kyrgyzstan. ~ 70 ~