LAW OF TURKMENISTAN

of November 21, 2009 No. 76-IV

About migratory service

This Law determines legal, organizational bases and the principles of activities of migratory service, establishes its tasks, the rights and obligations, and also guarantee of legal and social protection of staff of bodies of migratory service.

Section I. General provisions

Article 1. Public migratory service of Turkmenistan

The public migratory service of Turkmenistan (further - migratory service) is the central executive body providing regulation of migratory system of Turkmenistan, realization of state policy in the field of migration, observance of international treaties of Turkmenistan concerning migration.

Article 2. Legislation on Migratory service

1. The legislation on Migratory service of Turkmenistan is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts regulating activities of Migratory service.

2. If the international treaty of Turkmenistan establishes other rules, than those which contain in this Law then are applied rules of the international treaty.

Article 3. Structure of Migratory service and management of it

1. The structure of Migratory service includes central office, managements in welayats and the cities with the rights of the welayat and the state value, departments in etraps and the cities with the etrap rights, migratory posts of check points on Frontier of Turkmenistan (further - bodies of Migratory service) and military unit.

2. Management of the Public migratory service of Turkmenistan is performed by the chief appointed to position and dismissed by the President of Turkmenistan.

3. Deputy chief of the Public migratory service of Turkmenistan are also appointed to position and dismissed by the President of Turkmenistan.

4. Managements of the Public migratory service of Turkmenistan in welayats and the cities with the rights of the welayat and the state value the managers appointed to position and dismissed by the President of Turkmenistan direct.

5. The list of positions of the heads and ranking official officers of Migratory service of Turkmenistan appointed to position and dismissed in coordination with the Cabinet of Ministers of Turkmenistan is determined by the President of Turkmenistan.

6. The chief of the Public migratory service approves the List of positions of employees and salary fund of the military personnel of migratory service of Turkmenistan within structure and the determined number of persons employed approved by the act of the President of Turkmenistan and also the staff list and salary fund of other workers who are not in the military service according to the standard rates established by the Ministry of Labour and Social Protection of the population of Turkmenistan proceeding from standard rates of servicing, within the funds allocated from the Government budget of Turkmenistan this year and according to the salary scheme approved with the Ministry of Labour and Social Protection of the population of Turkmenistan.

Article 4. Legal status of Migratory service

1. The regulations on the Public migratory service of Turkmenistan affirm the President of Turkmenistan, and regulations on bodies of Migratory service - the chief of the Public migratory service of Turkmenistan.

2. If other is not established by the legislation of Turkmenistan, the military unit subordinated to the Public migratory service of Turkmenistan is effective according to the legal acts determining the legal basis of functioning of Armed Forces of Turkmenistan.

Article 5. Basic principles of activities of Migratory service

1. Activities of Migratory service are based on the principles of legality, humanity, equality of citizens before the law, observance of the rights and freedoms of citizens, respect of their advantage irrespective of nationality, race, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch.

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