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The document ceased to be valid since January 1, 2014 according to article 3 of the Law of Turkmenistan of August 29, 2013 "About approval and enforcement of the Code of Turkmenistan about administrative offenses"

The code of the Turkmen SSR about administrative offenses

It is adopted at the tenth session of the Supreme Council of the Turkmen SSR of the tenth convocation on December 17, 1984

(as amended on 18-04-2008)

Section I General provisions

Chapter I. General provisions

Article 1. Tasks of the legislation of the Turkmen SSR on administrative offenses

The legislation of the Turkmen SSR on administrative offenses has task protection of social order of the USSR, socialist property, the social and economic, political and personal rights and freedoms of citizens, and also the rights and legitimate interests of the companies, organizations and organizations, established procedure of management, the state and public order, strengthening of socialist legality, the prevention of offenses, education of citizens in the spirit of exact and steady observance of the Constitution of the USSR, the Constitution of the Turkmen SSR and the Soviet laws, respect for the rights, honor and advantage of other citizens, to rules of the socialist hostel, fair accomplishment of the obligations, social responsibility.

For implementation of this task the Code of the Turkmen SSR about administrative offenses determines what action or failure to act is administrative offense what administrative punishment, what body (official) and in what procedure it can be put on the face which made administrative offense.

Article 2. Legislation of USSR and Turkmen SSR on administrative offenses

The legislation of USSR and the Turkmen SSR on administrative offenses consists of Bases of the legislation of USSR and federal republics about the administrative offenses determining the principles and establishing general provisions of this legislation, and the legal acts of the USSR and resolutions of Council of Ministers of the USSR, of this Code and other legal acts of the Turkmen SSR and resolutions of Council of Ministers of the Turkmen SSR on administrative offenses published according to them.

Legal acts of USSR and the Turkmen SSR, the resolution of Council of Ministers of the USSR and Council of Ministers of the Turkmen SSR for administrative offenses before their inclusion in accordance with the established procedure in this Code are applied in the territory of the Turkmen SSR directly.

Provisions of this Code extend also to administrative offenses, responsibility for which making is stipulated by the legislation, not included in this Code yet.

Article 3. Competence of USSR in the legislation on administrative offenses

According to Bases of the legislation of USSR and federal republics about administrative offenses are under authority USSR in the field of the legislation on administrative offenses:

determination of the principles and establishment of general provisions of the legislation of USSR and federal republics about administrative offenses;

establishment of the administrative responsibility for abuse of regulations: on standardization and product quality; release into the stream of commerce and content of measuring instruments and use of them; accounting and statistics; traffic safety and uses of means of rail, air, sea and pipeline transport; traffic; military accounting; boundary regime; passport system; rules of acquisition, storage and use of weapon, explosive, radioactive materials and other objects of destructive system; governed on protection of the territory of the USSR from drift and spread of quarantine and other infectious diseases; customs rules and rules on fight against smuggling; rules of the address of currency; rules of stay in the USSR of foreign citizens and stateless persons;

determination, in case of need, procedure for hearing of cases about separate types of administrative offenses, responsibility for which is established by the legislation of USSR.

Also the legislation on administrative offenses and on other questions having all-union value is under authority USSR.

Article 4. Competence of the Turkmen SSR in the legislation on administrative offenses

Are under authority the Turkmen SSR:

the legislation on administrative offenses on the questions which are not relating to maintaining USSR;

establishment of circle of questions on which local councils of People's Deputies, except settlement and rural, can accept in the limits determined by legal acts, decisions for which violation the administrative responsibility is provided.

Article 5. Powers of local councils of People's Deputies and their executive committees in the field of administrative offenses

Regional, regional, city councils of People's Deputies and their executive committees have the right to accept in the limits determined by legal acts, the decisions providing the administrative responsibility for their violations concerning disaster management and epidemics and also to establish rules for which violation the administrative responsibility is provided by Article 104 of this Code.

Regional and Ashgabat city Councils of People's Deputies can also establish rules for which violation the administrative responsibility is provided by Articles 154, of the 159th of this Code.

Article 6. Prevention of administrative offenses

State bodies, public organizations, labor collectives are developed and perform the actions directed to the prevention of administrative offenses, identification and elimination of the reasons and conditions promoting their making on education of citizens in the spirit of high consciousness and discipline, strict observance of the Soviet laws.

Councils of People's Deputies, providing compliance with laws, protection of the state and public order, the rights of citizens according to the Constitution of the USSR and the Constitution of the Turkmen SSR, coordinate work of all state and public bodies on the prevention of administrative offenses in the territory, direct activities of law-enforcement bodies, administrative commissions, commissions on cases minor and other bodies accountable to them designed to combat administrative offenses.

Article 7. Ensuring socialist legality in case of application of corrective actions for administrative offenses

Nobody can be subjected to corrective action in connection with administrative offense differently, as on the bases and according to the procedure, established by the legislation.

Production on cases on administrative offenses is performed on the basis of strict observance of socialist legality.

Application by the bodies authorized on that and officials of measures of administrative influence is made within their competence, in strict accordance with the legislation.

Observance of requirements of the legislation in case of application of corrective actions for administrative offenses is provided with systematic control from higher bodies and officials, public prosecutor's supervision, the appeal right established by the legislation by other methods.

Article 8. Operation of the legislation on responsibility for administrative offenses

Person who made administrative offense is subject to responsibility based on the legislation existing in time and in the place of making of offense.

The acts mitigating or canceling responsibility for administrative offenses have retroactive force, that is extend also to the offenses made to the publication of these acts. The acts establishing or strengthening responsibility for administrative offenses have no retroactive force.

Production on cases on administrative offenses is conducted based on the legislation existing in time and in the place of consideration of the case about offense.

Section II Administrative offense and administrative responsibility

I. General part

Chapter 2. Administrative offense and administrative responsibility

Article 9. Concept of administrative offense

Administrative offense (offense) action or failure to act for which the legislation provides the administrative responsibility is recognized encroaching on the state or public order, socialist property, the rights and freedoms of citizens, on established procedure of management, illegal, guilty (intentional or careless).

The administrative responsibility for the offenses provided by this Code comes if these violations in character do not involve according to the current legislation of criminal liability.

Article 10. Making of administrative offense is intentional

The administrative offense is recognized committed intentionally if person which made it understood illegal nature of the action or failure to act, expected its harmful effects and wished them or consciously allowed approach of these effects.

Article 11. Making of administrative offense on imprudence

The administrative offense is recognized committed on imprudence if person which made it expected possibility of approach of harmful effects of the action or failure to act, but thoughtlessly expected their prevention or did not expect possibility of approach of such effects though it shall and could expect them.

Article 12. Age on reaching which there comes the administrative responsibility

Persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.

Article 13. Responsibility of minors

To persons, aged from sixteen up to eighteen years, made administrative offenses, the measures provided by Regulations on the commissions on the cases of minors approved by Presidium of the Supreme Council of the Turkmen SSR are applied.

In case of making by persons aged from administrative offenses, sixteen till eighteen years, provided by Articles 42-1, 50, 119-127, 158, of 168, of 169, of 177, 184-187 of this Code they are subject to the administrative responsibility in accordance with general practice. Taking into account nature of committed offense and the identity of the violator of case in the relation of specified persons (except for persons who made offense, stipulated in Article the 177th of this Code) can be transferred, and stipulated in Article the 50th of this Code, as a rule, are subject to transfer for consideration of the district (city), district commissions on cases in the cities несовершеннолетних*.

Minors aged from sixteen up to eighteen years can be subject to the administrative responsibility in accordance with general practice and in other cases which are directly provided by legal acts of the USSR.

* Article 13 part two - with the changes made by the Decree of December 17, 1985. (Sheets of the Supreme Council of TSSR, 1985 No. 35, Art. 176).

Article 14. Responsibility of officials

Officials are subject to the administrative responsibility for the administrative offenses connected with non-compliance with statutory rules in the field of protection of procedure for management, the state and public order, the nature, health of the population and other rules which ensuring accomplishment belongs to their service duties.

Article 15. Responsibility of the military personnel and other persons to whom operation of disciplinary charters, for making of administrative offenses extends

Military personnel and persons liable for call-up called on charges, and also faces of the private and commanding structures of law-enforcement bodies bears responsibility for administrative offenses under disciplinary charters. For road traffic offense, rules of hunting, fishery and protection of fish inventories, customs rules and these persons bear the administrative responsibility for smuggling in accordance with general practice. The penalty, corrective works and administrative detention cannot be applied to specified persons.

Others, except specified in part one of this Article, person to whom operation of disciplinary charters or special regulations on discipline extends, in the cases which are directly provided by them bear for making of administrative offenses disciplinary responsibility, and in the others sluchayakhadministrativny responsibility in accordance with general practice.

In the cases specified in parts one of this Article, bodies (officials) which are granted the right to impose administrative punishments can transfer instead of imposing of penalties materials about offenses to relevant organs for the solution of question of involvement of guilty persons to disciplinary responsibility.

Article 16. Responsibility of foreign citizens and stateless persons

The foreign citizens and stateless persons who are in the territory of the Turkmen SSR are subject to the administrative responsibility in accordance with general practice with citizens of the USSR. The question of responsibility for the administrative offenses made in the territory of the Turkmen SSR by foreign citizens who according to current laws and international treaties of the USSR use immunity from administrative jurisdiction of USSR and the Turkmen SSR is allowed in the diplomatic way.

Article 17. Emergency

Person though who made the action provided by this Code or other regulations establishing the administrative responsibility for administrative offenses, but operating in emergency condition that is for elimination of the danger menacing to the state or public order, socialist property, the rights and freedoms of citizens, established procedure of management if this danger could not be under these circumstances eliminated with other means is not subject to the administrative responsibility and if the damage suffered is less considerable, than the prevented harm.

Article 18. Justifiable defense

Person though who made the action provided by this Code and other regulations establishing the administrative responsibility for administrative offenses, but operating in condition of justifiable defense is not subject to the administrative responsibility, that is in case of protection of the state or public order, socialist property, the rights and freedoms of citizens, established procedure of management against illegal encroachment by causing encroaching harm if at the same time exceeding of limits of justifiable defense was not allowed.

Article 19. Diminished responsibility

Person who during making of illegal action or failure to act was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize the actions or direct them owing to chronic sincere disease, temporary disorder of sincere activities, weak-mindedness or other disease state.

Article 20. Transfer of materials about administrative offense for consideration of burlaw court, public organization or labor collective

Person who made administrative offense is exempted from the administrative responsibility with transfer of materials for consideration of burlaw court, public organization or labor collective if taking into account nature of committed offense and the identity of the offender it is reasonable to apply community sanction to it.

Concerning persons exempted on the bases specified in part one of this Article from the administrative responsibility for making of the offenses provided by parts one and the second Article 118 (except as specified gross violation of rules of swimming), Articles 122, of 125, of 129, of 157, of 161, 171-174 of this Code, materials can be also submitted the commission on the fight against alcoholism formed at the company in organization, the organization and their structural divisions.

About the community sanctions applied to persons who made offenses, stipulated in Article 50, parts one and the second Article 118 (except as specified gross violation of rules of swimming), Articles 122, of 125, of 129, of 157, of 161, of 163, of 168, 171-174 of this Code, administration, the commission on fight against alcoholism formed at the company in organization, the organization and their structural divisions, the burlaw court or public organization shall report in ten-day time to body (official) who directed материал*.

* Article 20 after part one is added with new part the Decree of December 17, 1985. (Sheets of the Supreme Council of TSSR, 1985, No. 35, the Art. 176), respectively part the second to consider part three. The same Decree to part third of Article 20 makes changes.

Article 21. Possibility of release from the administrative responsibility in case of insignificance of offense

In case of insignificance of committed administrative offense body (official), the representative to solve case, can exempt the violator from the administrative responsibility and be limited to the oral note.

Chapter 3. Administrative punishment

Article 22. Purposes of administrative punishment

Administrative punishment is measure of responsibility and is applied for the purpose of education of person who made administrative offense in the spirit of observance of the Soviet laws, respect for rules of the socialist hostel, and also the prevention of making of new offenses by both the offender, and other persons.

Article 23. Types of administrative punishments

For making of administrative offenses the following administrative punishments can be applied:

1) prevention;

2) penalty;

3) paid withdrawal of the subject which was the tool of making or direct object of administrative offense;

4) confiscation of the subject which was the tool of making or direct object of administrative offense;

5) deprivation of the special right granted to this citizen (the rights of control of vehicles, the hunting rights);

6) corrective works;

7) administrative detention.

The administrative punishments listed in Items 3-6 of this Article can be established only by legal acts of USSR and the Turkmen SSR, and administrative detention - only legal acts of the USSR.

By legal acts of USSR and the Turkmen SSR also others can be established, except specified in this Article, types of administrative punishments according to the principles and general provisions of Bases of the legislation of USSR and federal republics about administrative offenses.

By the legislation of the USSR administrative expulsion from limits of the USSR of foreign citizens and stateless persons for making of the administrative offenses which are roughly breaking the Soviet law and order can be provided.

Article 24. Main and additional administrative punishments

Paid withdrawal and confiscation of objects can be applied in quality as the main, and additional administrative punishments; other administrative punishments specified in Article part one 23 of this Code can be applied only as the main.

For one administrative offense the main or main and additional penalty can be imposed.

Article 25. Prevention

The prevention as measure of administrative punishment is taken out in writing. In stipulated by the legislation cases the prevention is fixed by other established method.

Article 26. Penalty

The penalty imposed on citizens for administrative offenses, as a rule, cannot exceed ten rubles, and on official litspyatidesyat of rubles.

The penalty imposed on citizens and officials for administrative offenses cannot be less than one ruble if other minimum size is not established by the legislation of USSR and the Turkmen SSR.

In need of increase in responsibility for separate types of administrative offenses by legal acts of the Turkmen SSR the penalty concerning citizens - to fifty rubles and officials - to hundred rubles, and for mercenary administrative offenses - to two hundred rubles can be established; legal acts of the USSR - concerning citizens - to hundred rubles and official лицдо two hundred rubles, and for mercenary administrative offenses and violations of the law about fight against alcoholism - penalty to three hundred rubles.

In exceptional cases, in connection with accomplishment of the obligations following from international treaties of the USSR and special need of strengthening of the administrative responsibility, legal acts of the USSR the penalty in bigger size can be established, than it is provided in this Article.

Article 27. Paid withdrawal of the subject which was the tool of making or direct object of administrative offense

Paid withdrawal of the subject which was the tool of making or direct object of administrative offense consists in its forced withdrawal and the subsequent realization with transfer of the realized sum to the former owner less selling expenses of the withdrawn subject.

Paid forfeiture of firearms and ammunition cannot be applied to persons for whom hunting is the main source of existence.

The procedure for application of paid withdrawal and types of the objects which are subject to withdrawal are established by the legislation of USSR, this Code and other legislation of the Turkmen SSR.

Article 28. Confiscation of the subject which was the tool of making or direct object of administrative offense

Confiscation of the subject which was the tool of making or direct object of administrative offense consists in the forced non-paid address of this subject to property of the state. It can only be confiscated (the subject which is in personal property of the violator if other is not provided by legal acts of the USSR.

Confiscation of firearms and ammunition, other tools of hunting cannot be applied to persons for whom hunting is the main source существования*.

The procedure for application of confiscation, the list of the objects which are not subject to confiscation are established by the legislation of USSR, this Code and other legislation of the Turkmen SSR.

* Part two Article 28 - with the changes made by the Decree of December 17, 1985. (Sheets of the Supreme Council of TSSR, 1985, No. 35, Art. 176).

Article 29. Deprivation of the special right granted to this citizen

Deprivation of the special right granted to this citizen (the rights of control of vehicles, the hunting rights), is applied for a period of up to three years for gross or systematic violation of procedure for use of this right. Term of deprivation of such right cannot be less than fifteen days if other is not established by legal acts of USSR and the Turkmen SSR.

Deprivation of the right of control of automobiles cannot be applied to persons who use these means in connection with disability, except as specified managements in state of intoxication.

Deprivation of the right of hunting cannot be applied to persons for whom hunting is the main source of existence.

Article 30. Corrective works

Corrective works are applied for a period of up to two months with their serving in the place of permanent job of person who made administrative offense and with deduction to twenty percent of its earnings in the income of the state. Corrective works are appointed by district (city) national court (the national judge). The term of corrective works cannot be less than fifteen days if other is not established by legal acts of USSR and the Turkmen SSR.

Article 31. Administrative detention

Administrative detention is established and applied only in exceptional cases for separate types of administrative offenses for a period of up to fifteen days. Administrative detention is appointed by district (city) national court (the national judge).

Administrative detention cannot be applied to the expectant mothers, women having children aged up to twelve years to persons which did not reach eighteen years to disabled people of the first and second groups.

Chapter 4. Imposing of administrative punishment

Article 32. General rules of imposing of collection for administrative offense

Collection for administrative offense is imposed in the limits set by the regulation providing responsibility for committed offense in strict accordance with Bases of the legislation of USSR and federal republics about administrative offenses, this Code and other acts of administrative offenses.

When imposing collection nature of committed offense, the identity of the violator, the degree of his fault, property status, circumstances mitigating and aggravating responsibility are considered.

Article 33. The circumstances mitigating responsibility for administrative offense

The circumstances mitigating responsibility for administrative offense are recognized:

1) frank repentance of the guilty person;

2) prevention by the guilty person of harmful effects of offense, voluntary compensation of damage or elimination of damage suffered;

3) making of offense under the influence of heat passion or in case of confluence of difficult personal or family circumstances;

4) making of offense by the minor;

5) making of offense by the expectant mother or woman having the child aged up to one year.

By the legislation of USSR and the Turkmen SSR also other circumstances mitigating responsibility for administrative offense can be provided. The body (official) solving case on administrative offense can recognize mitigating and the circumstances which are not specified in the legislation.

Article 34. The circumstances aggravating responsibility for administrative offense

The circumstances aggravating responsibility for administrative offense are recognized:

1) continuation of delinquent behavior, despite the requirement of persons authorized on that to stop it;

2) making of homogeneous offense, repeated within year, for which person was already exposed to administrative punishment; making of offense by person who earlier committed crime;

3) involvement of the minor in offense;

4) making of offense group of persons;

5) making of offense in the conditions of natural disaster or in case of other force majeure;

6) making of offense in state of intoxication. The body (official) imposing administrative punishment depending on nature of administrative offense can not recognize this circumstance aggravating.

Article 35. Imposing of administrative punishments when making several administrative offenses

When making by one person of two or more administrative offenses administrative punishment is imposed for each offense separately.

If person made several administrative offenses, cases on which are at the same time considered by the same body (official), collection is imposed within the sanction established for more severe violation. In this case one of the additional penalties provided by responsibility clauses for any of committed offenses can be attached to the main collection.

Article 36. Calculation of terms of administrative punishment

The term of administrative detention is estimated for days, corrective works - months or days, deprivations of the special right - years, months or days.

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