SANITARY CODE OF TURKMENISTAN

of November 21, 2009

This Code determines legal, economic and social conditions of ensuring sanitary and epidemiologic wellbeing of the population, realization and protection of the rights of citizens to the favorable environment, other related rights and legitimate interests of citizens.

Section I. General provisions

Article 1. The basic concepts used in this Code

In this Code the following basic concepts are used:

1) sanitation - system of the hygienic actions directed to health protection, improvement of working conditions and life of the population;

2) epidemiology - the science studying origins, patterns of distribution of epidemics, and also actions for their prevention and fight against them;

3) epidemic - considerable spread of any infectious disease in the settlement, the region;

4) hygiene - the medical science studying influence of factors of the environment and productive activity on health of the person, its working capacity, the life expectancy developing the standard rates, requirements and sanitary actions directed to improvement of settlements, living conditions and activities of people;

5) sanitary and epidemiologic wellbeing of the population the state of health of the population, the habitat of the person in case of which there are no harmful effects on human body of factors of the habitat of the person and are provided favorable conditions for its life activity;

6) the habitat of the person - set of factors, phenomena and objects surrounding (natural and artificial) environments, determining conditions of life activity of the person;

7) factors of the habitat of the person - biological (virus, bacterial, parasitic and others), chemical, physical (noise, vibration, ultrasound, infrasound, the thermal, ionizing, not ionizing and other radiations), social (food, water supply, conditions of life, work and rest) and other factors of the habitat of the person which make or can make impact per capita and (or) on the state of health of future generations;

8) harmful effects per capita - the impact of factors of the habitat creating threat of life and to health of the person or threat of life and to health of future generations;

9) favorable conditions for life activity of the person - habitat condition in case of which there are no harmful effects of its factors per capita (harmless conditions) and are available opportunities for recovery of the broken functions of human body;

10) safe conditions for the person - habitat condition in case of which there is no danger of harmful effects of its factors per capita;

11) sanitary and epidemiologic situation - the state of health of the population and the habitat of the person in certain territory in specifically specified time;

12) the hygienic standard rate - the admissible maximum or minimum quantitative and (or) qualitative index established by researches characterizing this or that factor of the habitat from line items of its safety and (or) harmlessness for the person;

13) the state sanitary and epidemiologic rules and standard rates - the regulatory legal acts establishing sanitary and epidemiologic requirements (including criteria of safety and (or) harmlessness of factors of the habitat of the person, hygienic and other standard rates) which non-compliance creates threat of life and to health of the person, and also threat of origin and spread of diseases;

14) social and hygienic monitoring - the state system of observations of the state of health of the population and the habitat, their analysis, assessment and the forecast, and also determination of causes and effect relationships between the state of health of the population and impact of factors of the habitat of the person;

15) the state sanitary and epidemiological surveillance, activities for the prevention, identification, suppression of violations of the law of Turkmenistan in the field of ensuring sanitary and epidemiologic wellbeing of the population for the purpose of health protection and the habitat of the person;

16) departmental sanitary inspection - the activities performed on acting and objects of the relevant ministries under construction and departments their sanitary and epidemiologic services on the basis of the state and departmental sanitary standards, rules and hygienic standard rates;

17) sanitary and hygienic examination - activities for establishment of compliance (discrepancy) of objects of sanitary and hygienic examination to the state sanitary and epidemiologic rules and standard rates;

18) the sanitary and epidemiologic conclusion - the document certifying compliance (discrepancy) to the state sanitary and epidemiologic rules and standard rates of factors of the habitat of the person, economic and other activity, products, works and services, and also drafts of regulations, construction projects of objects, operational documentation;

19) sanitary and anti-epidemic (preventive) actions - the organizational, administrative, technical, medical and sanitary, veterinary and other measures directed to elimination and (or) reduction of harmful effects per capita of circle factors of its dwelling, prevention of origin and spread of infectious diseases and mass noninfectious diseases (poisonings) and their liquidation;

20) restrictive actions (quarantine) - the administrative, medical and sanitary, veterinary and other measures directed to prevention of spread of infectious diseases and providing specific mode of economic and other activity, restriction of movement of the population, vehicles, loads, goods and animals;

21) infectious diseases - infectious diseases of the person which emergence and distribution is caused by impact per capita of biological factors of the habitat (causative agents of infectious diseases) and possibility of transfer of disease from the sick person, animal to the healthy person;

22) mass noninfectious diseases (poisonings) of disease of the person which emergence is caused by impact of physical and (or) chemical and (or) social factors of the habitat;

23) production supervision - the activities performed according to requirements of the sanitary legislation of Turkmenistan and including actions for development and approval of the program of production supervision, implementation of laboratory and tool researches on object, general control of sanitary wellbeing at the company.

Article 2. Sanitary legislation of Turkmenistan

1. The sanitary legislation of Turkmenistan is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan in the field of ensuring sanitary and epidemiologic wellbeing of the population.

2. Regulations of the civil legislation of Turkmenistan are applied to the property legal relationship connected with the ensuring sanitary and epidemiologic wellbeing of the population which is not regulated by this Code.

3. The regulatory legal acts regulating questions of sanitary condition are accepted on the basis of of this Code and cannot contradict its provisions. In case of such contradiction provisions of this Code are applied.

4. It is excluded.

Article 3. Purposes and main objectives of the sanitary legislation of Turkmenistan

1. The purposes of the sanitary legislation of Turkmenistan are ensuring sanitary and epidemiologic wellbeing and radiation safety of the population (further - sanitary and epidemiologic wellbeing of the population), preservation and promotion of health of citizens as one of the basic constitutional rights of citizens of Turkmenistan.

2. The main objectives of the sanitary legislation of Turkmenistan are creation of necessary social and legal conditions and guarantees for ensuring sanitary and epidemiologic wellbeing of the population, legal regulation of the relations connected with providing favorable conditions for life activity of the person, prevention of diseases and public health care.

Article 4. Bases for emergence of the rights and obligations

The rights and obligations provided by this Code are based on the legislation of Turkmenistan, and also actions of public authorities and local government bodies, companies, organizations, organizations, irrespective of pattern of ownership (further legal entities), and also physical persons (citizens) including performing business activity without formation of legal entity which are not provided by the law, but owing to the general beginnings and sense of the sanitary legislation of Turkmenistan generate the rights and obligations on ensuring sanitary and epidemiologic wellbeing of the population.

In connection therewith the rights and obligations on ensuring sanitary and epidemiologic wellbeing of the population arise:

1) from administrative acts of bodies of sanitary inspection;

2) owing to damnification (harm) of life or to health of citizens;

3) owing to events with which the law connects approach of changes or the termination of the relations regulated by this Code;

4) owing to other actions of legal entities and physical persons.

Article 5. Implementation of the rights and fulfillment of duties

The rights provided by this Code are protected by the legislation of Turkmenistan.

During the implementing of the rights and fulfillment of duties public authorities and local government bodies, legal entities and physical persons shall observe the legislation of Turkmenistan, without infringing upon the rights and legitimate interests of other legal entities and physical persons.

Article 6. Protection of the rights

Protection of the rights provided by this Code is performed by agreement of the parties by court, Arbitration Court or reference tribunal in the way:

1) recognitions of the rights;

2) recoveries of the provision existing before violation of the right, and suppression of the actions violating the right or creating threat of its violation;

3) award to discharge of duty in nature;

4) penalties;

5) indemnification;

6) terminations or changes of legal relationship;

7) recognitions invalid Turkmenistan of the regulation of public authorities and local government bodies which is not corresponding to the legislation;

8) in other ways, stipulated by the legislation Turkmenistan.

Protection of the rights of the citizens provided by Articles 12-15 of this Code is performed by the public authorities and local government bodies or court authorized on that according to the legislation of Turkmenistan.

Protection of the rights in the field of ensuring sanitary and epidemiologic wellbeing of the population is performed according to this Code and other regulatory legal acts of Turkmenistan.

Article 7. Sanitary and epidemiologic wellbeing of the population and basis of its providing

Sanitary and epidemiologic wellbeing of the population is provided:

1) development and implementation of the state, regional and target programs of strengthening of health and prevention of diseases of the population, improvement of the habitat of the person and conditions of its life activity;

2) implementation of package of measures of organizational, legal and legislative nature, the citizens directed to realization of the right to health protection, and also providing guarantees of this right;

3) carrying out social and hygienic monitoring;

4) carrying out scientific research in the field of ensuring sanitary and epidemiologic wellbeing of the population;

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