LAW OF TURKMENISTAN

of August 26, 2017 No. 593-V

About financial responsibility of the military personnel

This Law determines procedure for attraction to financial responsibility of the military personnel and citizens called on military charges for the damage caused by them in case of fulfillment of duties of military service to property of Armed Forces of Turkmenistan, other troops and military bodies and compensations of the caused damage, and also sets limits and the extent of liability.

Chapter I. General provisions

Article 1. Coverage of this Law

Operation of this Law extends to the military personnel undergoing military service and according to the obligation in Armed Forces of Turkmenistan, other troops and military bodies, and also the ministries or departments in which the law provides military service, and also the citizens called on military charges (further – the military personnel).

Article 2. Basic concepts

For the purposes of this Law the following basic concepts are used:

1) military units – bodies of military management (the ministry or department in which the law provides military service), military connections, military units, military educational institutions;

2) commanders are commanders of military units, their deputies, commanders of structural divisions of military units and their deputies;

3) property of military unit (further – property) – all types of arms and military equipment, ammunition, fuels and lubricants, food, ware property and other types of military property, the earth, buildings, constructions, money and securities, other appliances which are state-owned property and assigned to military unit;

4) the actual damage – plunder, loss or damage of property, expenses which the military unit made or shall make for recovery, acquisition of the lost or damaged property, and also the money which is excessively paid by military unit.

Article 3. Conditions of involvement of the military personnel to liability for the caused damage

1. The liability of the military personnel comes for the damage caused as a result of their guilty delinquent behavior (action or failure to act) and causal relationship between guilty delinquent behavior and the caused damage if other is not provided by this Law and other regulatory legal acts of Turkmenistan.

2. The military personnel bears liability only for the actual damage caused on their own fault.

3. The military personnel who caused damage not in case of fulfillment of duties of military service bears civil responsibility according to the legislation of Turkmenistan.

4. The military personnel according to this Law can be brought to financial responsibility within three years from the date of detection of the caused damage.

Chapter II. Liability of the military personnel for the caused damage

Article 4. Bases for attraction to financial responsibility of the military personnel

Military personnel bears financial responsibility as for the actual damage which is directly caused on their fault of military unit and for the expenses which arose at military unit as a result of compensation of damage by it to other persons.

Article 5. Limited financial responsibility of the military personnel

1. For the damage caused on imprudence in case of fulfillment of duties of military service, the military personnel passing military service according to the obligation bears financial responsibility in the amount of the damage caused by them, but no more than one salary of monthly cash allowance; the military personnel undergoing military service – no more than one salary of monthly cash allowance, except as specified, when this Law and other regulatory legal acts of Turkmenistan for the military personnel establish other extent of liability.

2. The military personnel passing military service according to the obligation guilty of damnification, connected with payment by military unit of penalties for idle times of containers, cars, courts and cars, overestimate of amounts of completed work, untimely tax payment and other obligatory payments, bears financial responsibility in the amount of the caused damage, but no more than one salary of monthly cash allowance.

3. The commanders who broke the orders established procedure of accounting, storage, use, expenditure, transportation of property or did not take necessary measures to prevention of its plunder, destruction, damage, spoil, excessive money payments that entailed damnification or not taken necessary measures to compensation by perpetrators of the damage caused to military unit bear financial responsibility in the amount of the caused damage, but no more than one salary of monthly cash allowance.

4. The commanders of military units guilty of illegal release (dismissal) of the serviceman (faces of civil personnel) from military service (work), illegal transfer of face of civil personnel for other work, illegal appointment of the serviceman (face of civil personnel) to the position which is not provided by the staff list of military unit bear liability for the damage caused by excessively paid money in connection with illegal release (dismissal) of the serviceman (face of civil personnel), illegal transfer of face of civil personnel for other work, illegal appointment of the serviceman (face of civil personnel) to position, in the amount of the caused damage, but no more than three salaries of monthly cash allowance.

Article 6. Full financial responsibility of the military personnel

Military personnel bears financial responsibility in full of damage in cases:

1) when the property was transferred on receipt for storage, transportation, transfer, use and other purposes and when the financial responsibility in full is conferred on them;

2) the actions (failure to act) of the serviceman containing essential elements of offense, Turkmenistan provided by the penal legislation, which led to initiation of legal proceedings;

3) damnifications as a result of administrative offense if that is established by the relevant state body;

4) plunders, intentional destruction, damage, spoil, illegal expenditure or use of property or other intentional actions (failure to act) of the serviceman;

5) disclosure of the data which are the state or protected by the law other secret in cases, stipulated by the legislation Turkmenistan;

6) the intentional actions of the serviceman which led to expenses on treatment in healthcare institutions of the military personnel, injured these actions;

7) not in case of execution by the serviceman of obligations of military service;

8) findings of the serviceman are able alcoholic, drug intoxication or in the stupefying condition.

Article 7. The circumstances excluding financial responsibility of the serviceman

The financial responsibility of the serviceman is excluded in cases of emergence of damage owing to force majeure, standard economic risk, emergency or justifiable defense or non-execution by the commander of military unit of obligation on providing proper conditions for storage of the property entrusted to the serviceman.

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