LAW OF TURKMENISTAN

of November 13, 2021

About legal status of foreign citizens in Turkmenistan

This Law determines legal status of foreign citizens, stateless persons in Turkmenistan, and also governs the relations arising in connection with their stay (accommodation) and implementation of labor, business or other activity by them in the territory of Turkmenistan.

Chapter I. General provisions

Article 1. Basic concepts

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

1) the foreign citizen - the person who is not the citizen of Turkmenistan and having the evidence of the belonging to nationality of any foreign state;

2) the certificate on return to the country of accessory of the foreign citizen - the document, valid for one departure from Turkmenistan, of the established sample issued according to the procedure, established by the legislation of Turkmenistan, in case of absence in the territory of Turkmenistan of diplomatic representation and consular establishment of the country of its accessory, to the foreign citizen who does not have the valid travel document owing to its loss, theft or spoil and obliged to leave the territory of Turkmenistan;

3) family members - the spouse (spouse), minor children including adopted (adopted) except for those which acquired capacity to act in full according to the legislation of Turkmenistan, the disabled full age children including adopted (adopted), who are not married, being dependent on the citizen of Turkmenistan or the foreign citizen living in Turkmenistan, disabled parents and adoptive parents (adopters) who are dependent on the citizen of Turkmenistan or the foreign citizen living in Turkmenistan;

4) the stateless person - person who is not the citizen of Turkmenistan and which is not considered by the citizen any state according to its legislation;

5) the status of the stateless person - legal status of the stateless person which status is determined by authorized state bodies of Turkmenistan according to the procedure, established by the legislation of Turkmenistan;

6) person petitioning for determination of the status of the stateless person - the person which arrived to Turkmenistan and/or being in the territory of Turkmenistan, who is not the citizen of Turkmenistan and which claims that it has no nationality of any foreign state and expresses declaration of will on determination of the legal status;

7) the interim certificate on registration of the petition for determination of the status of the stateless person - the document of the established sample proving the identity of person petitioning for determination of the status of the stateless person, and confirming the right to stay of this person in the territory of Turkmenistan during consideration of the petition;

8) the certificate of the stateless person - the document of the established sample proving the identity of person whose status is determined by authorized state bodies of Turkmenistan according to the procedure, established by the legislation of Turkmenistan;

9) the travel document of the stateless person - the document of the established sample proving the identity of the stateless person outside Turkmenistan, granting it the right to departure from Turkmenistan and entry into Turkmenistan through the check points of Frontier of Turkmenistan open for the international messages;

10) identification of person which does not have the document or the valid identity document - package of measures for establishment of surname, name, middle name (in the presence), birth dates, the birthplaces, nationality or lack of nationality at person concerning whom the specified procedure is carried out;

11) the foreign citizen staying in Turkmenistan - the person who arrived to Turkmenistan based on the visa or in other procedure provided by the international treaty of Turkmenistan, which is not requiring receipt of a visa, and not having the residence permit or other reasons on residence in Turkmenistan;

12) the foreign citizen living in Turkmenistan - person who received the residence permit or other bases on permanent residence in Turkmenistan;

13) the minor foreign citizen without maintenance - the minor who arrived to Turkmenistan without the legal representatives or family members, responsible for it, who reached eighteen-year age and who voluntarily took maintenance responsibility of the minor family member, and also after arrival in Turkmenistan left without guardianship and custody in accordance with the established procedure.

Article 2. The legislation of Turkmenistan on legal status of foreign citizens in Turkmenistan

The legislation of Turkmenistan on legal status of foreign citizens in Turkmenistan is based on the Constitution of Turkmenistan and recognition of priority of the universally recognized norms of international law, consists of this Law and other regulatory legal acts of Turkmenistan regulating legal status of foreign citizens in Turkmenistan and also international treaties of Turkmenistan.

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