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LAW OF TURKMENISTAN

of August 22, 2020

About prevention of offenses

This Law determines legal and organizational bases of system of prevention of offenses and establishes general rules of its functioning, the principles, the main directions, types of prevention of offenses and form of preventive impact.

Chapter I. General provisions

Article 1. Basic concepts

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

1) offense - the crime or administrative offense representing illegal act (action, failure to act) attracting the criminal or administrative responsibility;

2) prevention of offenses - set of the measures of social, legal, organizational, information and other nature directed to identification and elimination of the reasons and conditions promoting making of offenses and also rendering educational impact on persons for the purpose of non-admission of making of offenses or antisocial behavior;

3) system of prevention of offenses - set of subjects of prevention of offenses, persons participating in prevention of offenses, and the measures of prevention of offenses, and also bases of coordination of activities and monitoring taken by them in the field of prevention of offenses;

4) persons participating in prevention of offenses - citizens, the public associations and other organizations giving help (assistance) to subjects of prevention of offenses within implementation of the rights in the field of prevention of offenses according to this Law and other regulatory legal acts of Turkmenistan;

5) public associations and other organizations in the field of social servicing - the public associations and other organizations performing social servicing (provision of social, medico-social, social and psychological, social and pedagogical, social and legal and other social services) and participating in prevention of offenses;

6) antisocial behavior - the actions of physical person which are not involving administrative or criminal liability breaking the commonly accepted standards of behavior and morals, the rights and legitimate interests of other persons.

Article 2. Legislation of Turkmenistan on prevention of offenses

The legislation of Turkmenistan on prevention of offenses is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Principles of prevention of offenses

Prevention of offenses is performed on the basis of the following principles:

1) priority of the rights, freedoms and legitimate interests of man and citizen when implementing prevention of offenses;

2) legality;

3) ensuring systemacity and unity of approaches when implementing prevention of offenses;

4) opennesses, continuity, the sequences, timeliness, objectivity, sufficiency and scientific justification of the taken measures for prevention of offenses;

5) competence when implementing prevention of offenses;

6) responsibility of subjects of prevention of offenses and their officials for providing the rights, freedoms and legitimate interests of man and citizen.

Article 4. Subjects of prevention of offenses

1. Subjects of prevention of offenses are the Ministry of Internal Affairs of Turkmenistan, the Prosecutor General's Office of Turkmenistan, the Ministry of homeland security of Turkmenistan, the Ministry of Defence of Turkmenistan, the State Border Service of Turkmenistan, the State Customs Service of Turkmenistan, the Public migratory service of Turkmenistan and other state bodies and local government bodies.

2. Subjects of prevention of offenses perform the activities within the powers established by this Law and other regulatory legal acts of Turkmenistan.

Article 5. Main directions of prevention of offenses

1. Prevention of offenses is performed in the following main directions:

1) protection of the personality, society and state against illegal encroachments;

2) prevention of offenses;

3) adjustment and development of system of preventive accounting of persons inclined to making of offenses;

4) ensuring public safety, including traffic safety and transport safety;

5) counteraction to terrorism and extremism, protection of potential subjects to terrorist encroachments, including especially important and (or) potentially dangerous infrastructure facilities and life support, and also places of mass stay of people;

6) anti-corruption, identification and elimination of the reasons and conditions of its origin;

7) counteraction to human trafficking;

8) counteraction of illegal migration;

9) prevention of neglect, homelessness, offenses and antisocial actions of minors;

10) counteraction to drug trafficking, psychotropic substances and their precursors;

11) ensuring protection and protection private, state and other patterns of ownership;

12) ensuring economic safety;

13) ensuring information security;

14) providing ecological safety, environmental protection;

15) ensuring fire safety;

16) prevention, liquidation and (or) minimization of effects of emergency situations of natural and technogenic nature;

17) protection of public order, including when holding sporting and other mass events;

18) increase in level of legal literacy of the population.

2. The realization of the main directions of prevention of offenses is enabled by means of:

1) identifications, assessment and forecasting of criminogenic factors of social nature;

2) legal regulation of prevention of offenses;

3) developments of state programs in the field of prevention of offenses;

4) enhancement of mechanisms of interaction of subjects of prevention of offenses with persons participating in prevention of offenses concerning prevention of offenses;

5) identification and elimination of the reasons and conditions promoting antisocial behavior and making of offenses including because of social, national or religious discord;

6) identifications of persons inclined to making of offenses;

7) identifications of persons, victims of offenses or subject to risk to become those, and persons which are in difficult life situation;

8) uses of types of prevention of the offenses and forms of preventive impact established by this Law;

9) applications according to the legislation of Turkmenistan of special measures of prevention of offenses of administrative, criminal, criminal procedure, criminal and executive and operational search nature for the purpose of the prevention of offenses;

10) carrying out monitoring in the field of prevention of offenses;

11) applications of other measures, stipulated by the legislation Turkmenistan.

3. Special measures of prevention of offenses, stipulated in Item 9 parts two of nastoyayoshchy Article, officials of the Ministry of Internal Affairs of Turkmenistan, the Prosecutor General's Office of Turkmenistan, the Ministry of homeland security of Turkmenistan, the State Border Service of Turkmenistan, the State Customs Service of Turkmenistan, the Public migratory service of Turkmenistan, and also other state bodies established by the legislation of Turkmenistan within their powers are authorized to apply.

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