of August 26, 2017 No. 594-V
About charity *
This Law establishes the legal basis of regulation of charity.
For the purposes of this Law the used basic concepts mean the following:
1) charity – the voluntary activities performed by philanthropists for the purpose of rendering to beneficiaries social and other support in type of charitable gifts;
2) philanthropists – legal entities irrespective of pattern of ownership, and also the physical persons performing charitable gifts disinterestedly for the benefit of beneficiaries in forms:
a) non-paid or on favorable terms transfer into the ownership of property, including money and (or) intellectual property items;
b) non-paid or on favorable terms investment with rights of possession, use and order any objects of the property right;
c) non-paid or on favorable terms performance of works, rendering services;
3) beneficiaries – the physical persons and legal entities receiving charitable gifts from philanthropists;
4) charitable gifts – property, including money, the works, services directed to the charitable purposes;
5) charity foundation (further – fund) – one of organization-legal forms of the public association which is non-commercial forming, not having membership which purpose of creation is forming of property on the basis of voluntary contributions of founders, deposits of his participants and other receipts which are not forbidden by the legislation of Turkmenistan and use of the specified property on the charity purpose;
6) the charitable program – complex of the actions approved by the philanthropist directed to the solution of the tasks answering the charity purpose.
The legislation of Turkmenistan on charity is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan in the sphere of charity.
Charity is performed for the purpose of:
1) assistance to implementation of the national and international programs directed to social protection of the population;
2) implementation of necessary social support and social servicing of orphan children, children without parental support, the children who are in difficult life situation, large families, elderly people, pensioners, persons having disability, the disabled, jobless, and also other persons needing social support and social servicing;
3) assistance to strengthening of prestige and role of family in society;
4) assistance to protection of motherhood, childhood and paternity;
5) assistance of activities in education, sciences, cultures, physical culture and sport, art, and also to spiritual development of the personality;
6) assistance of activities in the sphere of protection of public health, prevention of diseases, and also promotion of healthy lifestyle;
7) assistance to protection and preserving objects of cultural heritage, historical and cultural circle, historical and cultural monuments, places of burial and other places;
8) environmental protections and protection of animals;
9) assistance of talented creative youth;
10) assistance injured with natural and technogenic catastrophes, accidents, and also to persons who are in difficult life situation;
11) assistance in construction and reconstruction of social objects (objects of education, health care, culture, highways, bridges, overpasses, tunnels, platforms, above-ground and underground crosswalks), and also the resource supplying objects (providing with natural gas, the electric power, water and another);
12) in other purposes according to the legislation of Turkmenistan.
Charity is performed on the principles of legality, humanity, publicity, voluntariness, community of interests and equal rights of her participants.
1. The state guarantees and provides protection of the rights and legitimate interests of philanthropists.
2. Restriction of philanthropists in liberty of choice of the purposes of charity and forms of its implementation is not allowed.
The state gives support of charity in the following forms:
1) public financing on competitive basis of the charitable projects and programs developed by philanthropists;
2) provision of privileges on customs payment, taxes and fees, and also other privileges established by the legislation of Turkmenistan;
3) provision of privileges on payment of lease of buildings, rooms and other property which is in state-owned property necessary for charity implementation according to the procedure, stipulated by the legislation Turkmenistan;
4) assistance in strengthening of material and technical resources of funds;
5) other forms which are not forbidden by the legislation of Turkmenistan.
1. Philanthropists have the right to perform charity on the basis of voluntariness individually or having united, with creation or without creation of fund. They have the right to determine independently the purposes and forms of charitable gifts, and also conditions of their use.
2. Support by means of charity of any activities contradicting the legislation of Turkmenistan is not allowed.
1. Physical persons and legal entities have the right to perform charity on its own behalf or through representatives, by the conclusion of the agreement (agreement) between the philanthropist and the beneficiary in written or oral form.
Contents of the agreement on implementation of charity are determined by the philanthropist and the beneficiary by their mutual consent.
2. The agreements specified in part one of this Article can provide conditions on expense recovery to the philanthropist when implementing of charity by it (employment of premises, transportation expenses, food). In these cases the specified contracts shall be signed in writing.
1. Philanthropists have the right to perform the international charity according to the procedure, established by the legislation of Turkmenistan and international treaties of Turkmenistan.
2. Foreign citizens, stateless persons, the international organizations and the organizations of foreign states can perform charity, act as philanthropists in the territory of Turkmenistan according to the procedure, established by the legislation of Turkmenistan.
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