RESOLUTION OF THE PRESIDENT OF TURKMENISTAN

of March 18, 1997 No. 3064

About Public service of control of trade of the Ministry of Trade and foreign economic relations of Turkmenistan

For the purpose of ensuring efficient control of observance of rules of trade, correctness of use of the prices, goods quality of national consumption and services, I decide:

1. Approve the enclosed Regulations on Public service of control of trade of the Ministry of Trade and foreign economic relations of Turkmenistan.

2. Determine that objects of control of Public service of control of trade of the Ministry of Trade and foreign economic relations of Turkmenistan are the companies, organizations and the organizations, irrespective of patterns of ownership and departmental accessory, the physical persons and foreign legal entities selling goods and products of public catering in the territory of Turkmenistan.

3. To perform financing of maintenance costs of Public service of control of trade of the Ministry of Trade and foreign economic relations of Turkmenistan due to economic activity of the companies and organizations of system of the Ministry of Trade and resources of Turkmenistan, and also assignment in the amount of 20 percent from the amount of penalties for the revealed offenses in the field of trade and public catering.

4 To the Ministry of Trade and resources of Turkmenistan together with the Ministry of Justice of Turkmenistan to develop and approve the instructions necessary for execution of control of trade of the Ministry of Trade by Public service and foreign economic relations of Turkmenistan of its functional obligations.

Approved by the resolution of the President of Turkmenistan of March 18, 1997 No. 3064

Regulations on Public service of control of trade of the Ministry of Trade and foreign economic relations of Turkmenistan

1. Public service of control of trade of the Ministry of Trade and foreign economic relations of Turkmenistan is structural division of this Ministry which main objectives are control of observance of regulations and rules of trade and public catering, correctness of use of the prices, goods quality of national consumption, activities for the prevention and eradication of abuses in trade, public catering and to non-admission of revenues to the consumer market of poor-quality goods.

Objects of control of State Trade Inspection are the companies, organizations and the organizations, irrespective of patterns of ownership and departmental accessory, the physical persons and foreign legal entities making and realizing goods, and also products of public catering in the territory of Turkmenistan (are referred to as the seller).

2. The State Trade Inspection in the activities is guided by the Constitution of Turkmenistan, other legal acts of Majlis of Turkmenistan, acts of the President of Turkmenistan, decisions of the Cabinet of Ministers of Turkmenistan, this Provision, and also instructions, orders and orders of the Minister of Trade and resources of Turkmenistan.

3. The State Trade Inspection in the activities interacts with the Main public service of Turkmenstandartlara and other state bodies exercising within the competence control of compliance of goods quality and services to requirements of standards, to conditions of agreements, compliance with law, Turkmenistan in the field of consumer protection.

4. According to the tasks assigned to it the State Trade Inspection carries out, the following functions:

performs observance by the seller of rules of trade in goods;

exercises in accordance with the established procedure control at trade enterprises and public catering behind observance of procedure for use of the prices;

controls correctness of use of weight and measuring devices, the trading, technology and dosing equipment;

takes measures for elimination of the revealed shortcomings and violations, provides wide publicity of results of checks;

stops sales of goods, the standards dangerous which are not conforming on quality to mandatory requirements (harmful) to life, health and property of citizens, introduces in Glavgosinspektion, the State sanitary and epidemiologic inspection of the Ministry of Health and the Medical Industry of Turkmenistan of Turkmenistan offers on removal from production of such goods;

considers letters, applications and claims of citizens to goods quality, violations in work of trade enterprises, catering establishments, makes on them the decisions obligatory for execution by the seller;

at the request of the Ministry of Trade and foreign economic relations of Turkmenistan participates by consideration of drafts of regulating documents on establishment of standards on consumer goods;

participates in development of suggestions for improvement of rules of trade.

5. The State Trade Inspection has the right:

perform with the right of easy access of check at the companies and the organizations, irrespective of patterns of ownership and departmental accessory, according to the main objectives and functions determined by this Provision;

make control purchases of goods for the purpose of determination of correctness of settlings with buyers, withdraw samples (tests) of goods for carrying out the analysis of their quality;

exercise control of availability at the seller of the certificate and the relevant documents on origin on implementable goods and their compliance to requirements of the standard or other regulating document;

draw the conclusions to the seller and consumers about quality of the certified goods raising doubts in part of their compliance to the standard;

receive from the ministries, departments, the companies, research institutions and laboratories, and also citizens documentation characterizing product quality, data on the producer (supplier) of goods, and also other materials necessary for accomplishment of the functions assigned to State Trade Inspection;

draw up statements and give obligatory to execution by the seller of the instruction:

a) about elimination of the revealed trade abuses of regulations;

b) about removal from sales of goods, dangerous (harmful) to life, health and property of citizens;

c) about the suspension or introduction of special conditions of acceptance and sales of goods made with violations of requirements of the regulating documentation before remedial action and the repeated conclusion of State Trade Inspection;

report materials to investigating bodies for accountability of the officials who allowed numerous the evil of the use in trade in the poor-quality products causing significant damage to consumer interests;

plead one of the parties at the bar;

pass decisions on application in accordance with the established procedure of the penalties against the seller for sales of goods made with departure from requirements of standards and also for misconduct of the prices in case of sales of goods.

6. Officials and specialists of State Trade Inspection shall observe strictly the Constitution of Turkmenistan, the laws of Turkmenistan, the existing regulations, the rights and interests of the seller protected by the law, manufacturers of products of public catering, to provide preserving trade secret.

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