LAW OF TURKMENISTAN

of June 25, 2008 No. 202-III

About licensing of separate types of activity

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) the license - permission to the implementation of the licensed type of business activity and activities in the field of rendering professional services issued by the licensing body to the licensee in case of obligatory observance of licensed requirements and conditions;

2) the licensed type of activity - separate type of activity which implementation in the territory of Turkmenistan requires receipt of the license according to this Law;

3) licensed requirements and conditions - set of the separate types of activity of requirements and conditions established by regulations on licensing, which accomplishment by the licensee surely when implementing of the licensed type of activity;

4) the licensee - the legal entity or physical person which obtained the license;

5) the license applicant - the legal entity or physical person which filed in the licensing body petition for licensing, entering of amendment into the license;

6) licensing - activities for licensing, entering of amendment into the license, renewal, prolongation, suspension, renewal, cancellation and cancellation of the license;

7) the state register of licenses – the state information system constructed on the single methodological and program and technical principles, including data on issue (refusal in issue) licenses, entering of amendment into the license, renewal, prolongation, suspension, renewal, cancellation and cancellation of the license, and also other necessary data connected with licensing.

Article 2. Legislation of Turkmenistan on licensing of separate types of activity

1. The legislation of Turkmenistan on licensing of separate types of activity is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. Provisions of this Law do not extend on:

1) the relations arising when using intellectual property items;

2) the oil works which are carried out according to the Law of Turkmenistan "About hydrocarbonic resources";

3) the specialized activities connected with providing law and order, defense capability and safety of the state.

3. If the international treaty of Turkmenistan establishes other rules than containing in this Law, then rules of the international treaty are applied.

Article 3. Basic principles of implementation of licensing

1. The basic principles of implementation of licensing are:

1) realization of state policy in the field of licensing;

2) ensuring transparency of licensing, issue of licenses on an equal basis and conditions for the legal entities and physical persons meeting the established licensed requirements and conditions;

3) law enforcement when implementing licensing;

4) establishment of the single list of the licensed types of activity and single procedure for licensing in the territory of Turkmenistan;

5) setting standards of responsibility of legal entities and physical persons for violation of the law of Turkmenistan about licensing of separate types of activity.

2. Foreign legal entities and physical persons, and also persons without citizenship have the right to obtain licenses on the same conditions and in the same procedure, as legal entities and physical persons of Turkmenistan, except for the restrictions on implementation of separate types of activity by them set by the legislation of Turkmenistan.

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