LAW OF TURKMENISTAN

of May 21, 2011 No. 195-IV

About law-enforcement bodies of Turkmenistan

This Law determines legal and organizational basis of activities of law-enforcement bodies of Turkmenistan, establishes obligations and the rights of law-enforcement bodies and their employees, guarantees of legal and social protection of staff of law-enforcement bodies.

Chapter I. General provisions

Article 1. Law-enforcement bodies of Turkmenistan

1. Law-enforcement bodies of Turkmenistan (further - law-enforcement bodies) are the state body performing according to the legislation of Turkmenistan protection of legality and public order, the rights, freedoms and legitimate interests of man and citizen, interests of society and state from criminal and other illegal encroachments which is providing their prevention and suppression, conducting inquiry, preliminary investigation and operational search activities, and also carrying out the tasks assigned to them by this Law and other regulatory legal acts of Turkmenistan.

2. Law-enforcement bodies are a part of the system of law enforcement agencies of Turkmenistan.

Article 2. Legal basis of activities of law-enforcement bodies

1. The legal basis of activities of law-enforcement bodies is constituted by the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan regulating activities of law-enforcement bodies.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Main objectives of law-enforcement bodies

1. The main objectives of law-enforcement bodies are:

1) protection of life, health, honor, advantage, rights, freedoms and legitimate interests of man and citizen, ensuring their personal and property security;

2) law enforcement and law and order;

3) protection of public order and ensuring public safety;

4) protection of property, public and state interests against criminal and other illegal encroachments;

5) realization of state policy on counteraction to drug trafficking, psychotropic substances and precursors (further – drugs) and alcoholic and tobacco products, NASA, the psychoactive, strong and other stupefying agents (further – the stupefying substances);

6) suppression, identification, disclosure, eradication of crimes, administrative and other offenses, conducting inquiry and the corresponding checks, investigation of criminal cases and implementation of production on administrative offenses within their powers;

7) the prevention and prevention of harmful effects of distribution and the use of drugs and the stupefying substances;

8) creation of single information center of data on persons involved in drug trafficking and the stupefying substances;

9) search of persons who committed crimes, persons disappearing from the bodies conducting criminal procedure, persons evading from serving of criminal penalty and other measures of criminal law action and administrative punishments, and also missing persons and other persons in cases stipulated by the legislation Turkmenistan;

10) control of observance of traffic regulations, safety of traffic and promotion of traffic regulations;

11) the organization of works on the prevention and liquidation of the fires, control of accomplishment of fire-proof actions, ensuring fire safety and carrying out wrecking in case of the fires;

12) the organization within their powers of execution of criminal penalty, other measures of criminal law action and administrative punishments;

13) rendering on conditions and according to the procedure which are stipulated by the legislation Turkmenistan, assistance to citizens, public associations, companies, organizations and organizations in realization of their rights and execution of the obligations assigned to them;

14) fulfillment of requirements of passport system, established by the legislation of Turkmenistan, control of their observance by citizens and officials;

15) protection of especially important state objects, special facilities, ensuring protection and safety in transit particular loads, and also participation in implementation of the mode of emergency and warlike situation;

16) interaction with state bodies and public associations, other law enforcement and military agencies of Turkmenistan on fight against drug trafficking and the stupefying substances;

17) maintenance of high level of office, combat and patriotic training and discipline of staff of law-enforcement bodies;

18) ensuring supervision of persons sent to special medical institutions under resolutions of courts;

19) registration of civil weapon and issue of permission to use of it;

20) implementation within their powers of cooperation with the international organizations and the relevant law enforcement agencies of foreign states on fight against the international crime and other questions.

2. Other tasks, except specified in part one of this Article, can be assigned to law-enforcement bodies only by the laws of Turkmenistan, acts of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan. Assignment on law-enforcement bodies of execution of tasks, not stipulated by the legislation Turkmenistan is not allowed.

3. Nobody, except bodies and the officials who are directly authorized on that by the legislation of Turkmenistan having the right to interfere with activities of law-enforcement bodies.

Article 4. Basic principles of activities of law-enforcement bodies

Activities of law-enforcement bodies are based on the principles of legality, equality of citizens before the law, respect, observance and protection of their rights, freedoms and legitimate interests, interests of society and the state, humanity, combination of public and secret methods and means of activities, independence of activities of political parties and other public associations.

Article 5. Publicity in activities of law-enforcement bodies

1. Law-enforcement bodies inform the population, state bodies and mass media on condition of public order and measures for its providing.

2. Activities of law-enforcement bodies shall be public and open for the population and mass media in that measure in what it does not contradict requirements of the legislation of Turkmenistan.

Article 6. Observance of rights and freedoms of man and citizen in activities of law-enforcement bodies

1. Law-enforcement bodies provide equal rights and freedoms of each man and citizen, and also protection of their life, health, honor, advantage, the rights, freedoms and legitimate interests 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.

2. Restriction of the rights and freedoms of citizens by law-enforcement bodies, except the cases provided by the laws of Turkmenistan is not allowed, citizens have the right to demand from the staff of law-enforcement bodies of explanation concerning these restrictions.

3. Law-enforcement bodies are forbidden to collect, to store, use and spread the information relating to private life of citizens and also the data discrediting their honor, advantage or goodwill if other is not provided by this Law and other regulatory legal acts of Turkmenistan.

4. To persons, detainees or arrested law-enforcement bodies, provide realization of their right to legal assistance and is instantly reported about the place of their stay to one of close relatives or the other person at their choice, and also heads in the place of their work or study. In case of need law-enforcement bodies take measures for immediate rendering medical and other care by the detainee and the arrested persons, and also the measures for prevention of threat of life, health or property somebody connected with detention or detention of specified persons.

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