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LAW OF TURKMENISTAN

of March 31, 2012 No. 283-IV

About bodies of homeland security of Turkmenistan

This Law determines legal, organizational basis and the principles of activities, the right and obligation of bodies of homeland security of Turkmenistan, and also establishes guarantees of legal and social protection of staff of bodies of homeland security.

CHAPTER I. GENERAL PROVISIONS

Article 1. Bodies of homeland security of Turkmenistan

Bodies of homeland security of Turkmenistan (further - bodies of homeland security) are the special state bodies subordinated to the President of Turkmenistan, intended within their competence, for the solution of the tasks aimed at safety of the personality and society, protection of the state sovereignty, the constitutional system, territorial integrity, economic, scientific and technical and defensive power in system of safety of the country.

Article 2. Legal basis of activities of bodies of homeland security

1. The organization and operating procedure, and also powers of bodies of homeland security are determined by the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan regulating activities of bodies of homeland security.

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 bodies of homeland security

1. The main objectives of bodies of homeland security are:

1) participation in development and realization of state policy on safety of the personality, the state and society;

2) providing the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan with necessary data but to the questions connected with homeland security;

3) conducting intelligence activities for the purpose of protection of national interests and safety;

4) maintaining kontrrazvedyvatelyyuy the activities connected with identification, the prevention and suppression of the intelligence and other similar activities performed for the purpose of causing damage of homeland security;

5) identification, the prevention and suppression of the terrorist and other subversive activities directed to violent change of the constitutional system and violation of territorial integrity;

6) identification, disclosure and investigation of offenses and crimes on the cases referred by the law to their maintaining, their suppression;

7) ensuring protection of the state secrets;

8) providing President of Turkmenistan with interstate government communication;

9) the organization and control of the encoded communication in state bodies, Armed Forces, other troops and military organizations of Turkmenistan.

2. By the laws of Turkmenistan, acts of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan other tasks, except specified in part one of this Article can be assigned to bodies of homeland security.

Article 4. Basic principles of activities of bodies of homeland security

Activities of bodies of homeland security are based on the principles of legality, equality of man and citizen before the law, humanity, respect and ensuring protection of rights and freedoms of man and citizen, centralized management, application in work of conspiracy, combination of public and secret methods and means of activities.

Article 5. International cooperation of bodies of homeland security

For the purpose of accomplishment of the tasks assigned to bodies of homeland security, the Ministry of homeland security of Turkmenistan in coordination with the President of Turkmenistan within the competence cooperates with special services, relevant organs of foreign states, and equally international organizations and participates in the solution of the tasks following from international treaties of Turkmenistan.

Article 6. Observance of rights and freedoms of man and citizen in activities of bodies of homeland security

1. Bodies of homeland security in case of accomplishment of the tasks assigned to them provide protection of the rights and freedoms of man and citizen guaranteed by the state, its equality before the law 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 rights and freedoms of man and citizen is allowed only on the bases and according to the procedure, provided by the law.

Man and citizen has the right to receive explanations or data concerning restriction of the rights and freedoms, to study data on results of check or investigation after their termination.

3. Disclosure of the data relating to private life of man and citizen and degrading his honor and advantage or capable to cause damage to its rights and legitimate interests, except cases, stipulated by the legislation Turkmenistan is not allowed.

4. Person considering the rights, freedoms and legitimate interests the restrained actions of staff of bodies of homeland security has the right to appeal these actions according to the procedure, established by the legislation of Turkmenistan.

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