of August 29, 2013
About administrative offenses
1. The legislation of Turkmenistan on administrative offenses is based on the Constitution of Turkmenistan, the conventional principles and rules of international law and consists of of this Code and other regulatory legal acts of Turkmenistan adopted on its basis.
2. The rules of regulatory legal acts of Turkmenistan establishing the administrative responsibility and providing imposing of collection for administrative offense are subject to application after their entering into this Code according to the procedure, established by the legislation of Turkmenistan.
3. The legislation of Turkmenistan on administrative offenses determines what action (failure to act) is administrative offense, procedure for proceeedings about administrative offense (further – administrative production), the bases and conditions of the administrative responsibility, establishes types of administrative punishment which can be applied to the physical persons and legal entities which made administrative offense, found guilty and subject to the administrative responsibility according to this Code.
4. If the international treaty of Turkmenistan establishes other rules than provided by this Code, then rules of the international treaty are applied.
1. Tasks of the legislation of Turkmenistan on administrative offenses are protection of the personality, protection of rights and freedoms of man and citizen, health of citizens, sanitary and epidemiologic wellbeing of the population, protection of public morality, environmental protection, established procedure of implementation of the government, public order and public safety, property, protection of legitimate interests of the person, society and state against administrative offenses.
2. The legislation of Turkmenistan on administrative offenses is directed to strengthening of legality and the prevention of offenses, education of citizens in the spirit of exact and steady observance of the Constitution and the laws of Turkmenistan, respect of the rights, honor and advantage of other citizens, fair accomplishment of the obligations, sense of responsibility before society.
The legislation of Turkmenistan on administrative offenses is based on the principles specified in this Code which violation attracts recognition of proceeedings invalid, cancellation of the decrees issued during such production, and also recognition of collected materials not having evidentiary force.
1. The administrative offense and administrative punishment imposed for its making are determined only by this Code. Any person cannot be subjected to administrative punishment or measures of ensuring administrative production differently as on the bases and according to the procedure, established by this Code.
2. Application of measures of administrative punishment is made within competence of state bodies and according to this Code. Application of regulations of the Code of Turkmenistan about administrative offenses by analogy is not allowed.
3. The courts, public authorities and Gengesha considering cases on administrative offenses (further - body, authorized to consider case), and their officials provide compliance with laws in case of administrative production.
4. Observance of requirements of this Code in case of application of disciplinary measures for administrative offenses is provided by means of systematic control from higher bodies and officials, public prosecutor's supervision, the right to appeal and other methods established by the legislation of Turkmenistan.
1. Persons who made administrative offense are equal before the law. The physical person is brought to the administrative responsibility 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. The legal entity irrespective of pattern of ownership, the location, forms of business, subordination, and also other circumstances is subject to the administrative responsibility.
2. Conditions of application of measures of ensuring administrative production concerning certain state officials (deputies of Majlis of Turkmenistan and other persons according to the legislation of Turkmenistan), and attraction them to the administrative responsibility are established by the Constitution of Turkmenistan, this Code, the laws and other regulatory legal acts of Turkmenistan.
1. Person concerning whom administrative production is conducted (further – person concerning whom production is conducted), is considered innocent until his guilt is proved and established by the resolution of the official of body which took legal effect, the representative to consider case (further – the authorized officer) according to the procedure, established by this Code.
2. Person brought to the administrative responsibility shall not prove the innocence. This rule does not belong to administrative offenses, stipulated in Article 321 of this Code.
3. In case of application of regulations of this Code any doubt arising on guilt of person brought to the administrative responsibility is solved in its advantage.
1. The collection applied concerning person who made administrative offense shall be fair, that is correspond to nature of administrative offense, circumstances under which this offense was made, to be legal and reasonable.
2. Any person cannot be twice brought to the administrative responsibility for the same administrative offense.
1. During administrative production the decisions and actions degrading honor or belittling advantage of the person are prohibited, collection, application and distribution of data on private life of the person, and equally in data of personal nature for the purposes which are not provided by this Code and which person considers necessary to keep in secret are not allowed.
2. The material and moral damage caused during administrative production as a result of illegal actions of state bodies or their officials is subject to compensation, and the violated rights - to recovery according to the procedure, established by the legislation of Turkmenistan.
1. Nobody can be exposed to administrative detention, the drive, delivery in law-enforcement body or other state bodies, to personal inspection and examination of the things which are in case of it differently as on the bases and according to the procedure which are established by this Code.
2. Each detainee subjected to the drive delivered to person is told the bases and the reasons of these actions. The prosecutor is in writing notified on it.
3. The prosecutor, officials of the law-enforcement bodies or other state bodies authorized by this Code shall exempt immediately the person illegally detained, subjected to the drive, delivery or who is under arrest.
4. During administrative production nobody can be exposed to tortures, violence and other types cruel, brutal or degrading treatment or collection. Making against the will of person or his legal representative of the actions limiting them it is right, it is allowed only in cases and procedure which are directly provided by this Code.
5. Content of person concerning which as measure of administrative punishment administrative detention is chosen of person subjected to administrative detention and the drive, and also delivery shall be performed in the conditions excluding threat of his life and to health.
During administrative production protection of private life, personal and family secret is provided. Each person has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, post, cable, Internet and other messages. Restrictions of these rights during administrative production are not allowed if it is directly not established by the legislation of Turkmenistan.
1. Protection of property is guaranteed by the state. Nobody can be deprived of the property differently as on the bases and according to the procedure which are established by the law.
2. Withdrawal of property and documents, detention of the vehicle and other measures of ensuring administrative production mentioning security of property can be applied only in cases and according to the procedure which are provided by this Code.
1. State bodies, public associations, labor collectives are developed and perform the actions directed to the prevention of administrative offenses, identification and elimination of the reasons and conditions promoting their making, education of citizens in the spirit of high consciousness and discipline, strict observance of the laws.
2. Hyakima, providing compliance with laws, protection of the state and public order, the rights of citizens, coordinate work of all state bodies and public associations on the prevention of administrative offenses in the territory of welayats, etraps and the cities, direct activities of the administrative commissions, commissions on cases of the minor and other bodies combating against administrative offenses and accountable to them.
Administrative production is conducted in state language. If necessary the right to make statements, to offer explanations, to declare petitions, to bring claims, to get acquainted with case papers, to act by its consideration in the native language or other language which they know, to use translation service is explained and provided to the persons who are participating in proceeedings and not knowing language in which proceeedings are conducted.
1. Nobody can be forced to offer explanations against himself or close relatives (parents (including adoptive parents), spouses, children (including adopted), grandfathers and grandmothers on the father's side and mothers, grandsons, the family and not full brothers and sisters).
2. Persons specified in part one of this Article having the right to refuse giving explanations that does not attract any responsibility.
1. During administrative production each person has the right to professional legal aid according to the legislation of Turkmenistan.
2. In the cases provided by the law, professional legal aid is given free of charge.
1. Bodies, authorized to consider case, perform administrative production openly.
2. Concerning the cases containing the data constituting the state secrets and also in case of satisfaction with body authorized to consider case, the corresponding petition of the person participating in proceeedings, referring to need of preserving the personal, family, commercial or protected by the law other secret, data on the intimate parties of private life of the person or to other circumstances interfering open trial, administrative production is performed in the closed procedure.
3. Personal correspondence and personal cable messages of person can be announced in case of open production only with the consent of persons between whom there were this correspondence and exchange of cable messages. In other cases personal correspondence and personal cable messages of these persons are disclosed and researched in the closed production. The specified rules are applied also in case of research of photofilm documents, the audio-videos containing data on private life of the person.
4. The persons who are participating in proceeedings, and also present at open production have the right in writing to fix course of production. Audio - the video, movie and still photography, direct radio - and TV broadcast in course of production are allowed with the consent of participants of proceeedings on permission of the authorized officer. These actions shall not interfere with normal course of production and can be limited in time.
1. Each person has the right to judicial protection of the rights, freedoms and legitimate interests. The interested person has the right according to the procedure, established by the legislation of Turkmenistan, to take a legal action behind protection of the violated or disputed rights, freedoms or interests protected by the law.
2. For the purpose of implementation of the assigned obligations the prosecutor has the right to take a legal action for protection of the rights of physical persons and legal entities, public and state interests.
3. Can to nobody without its consent be changed the cognizance of cases on administrative offense provided for it by the law.
Administrative production is conducted in the conditions ensuring normal functioning of the body considering case, and safety of participants of proceeedings. For the purpose of safety the authorized officer when conducting administrative production can dispose about verification of identity documents, persons wishing to be present at production.
1. Actions and resolutions of the authorized officer on consideration of the case about administrative offense can be appealed according to the procedure, established by this Code.
2. Persons participating in proceeedings have the right to require review of the resolution on the case of the administrative offense according to the procedure established by this Code.
1. Persons who made administrative offense are subject to responsibility based on the legislation of Turkmenistan on administrative offenses operating during making of offense.
2. The regulations of this Code mitigating or canceling responsibility for administrative offenses have retroactive force, that is extend also to the offenses made to its introduction in force.
3. The regulations of this Code establishing or strengthening responsibility for administrative offenses have no retroactive force.
4. Time of approach of its effects is considered time of making of administrative offense, and in cases when responsibility is established for the fact of making of action (failure to act) provided by this Code - time of making of this action (failure to act).
1. Persons who made administrative offenses in the territory of Turkmenistan including in airspace, internal waters, the territorial sea, special economic zone and on the continental shelf, are subject to the responsibility established by this Code.
2. Person who made administrative offense on the vessel attributed to the port of Turkmenistan, which is in water or airspace outside Turkmenistan bears responsibility under this Code if other is not provided by the international treaty of Turkmenistan.
1. The administrative offense is illegal, guilty (made intentionally or on imprudence) action (failure to act) of physical person or legal entity for which this Code provides the administrative responsibility.
2. The legal entity is found guilty of making of administrative offense if it is determined that it had opportunity for observance of rules and regulations for which violation this Code provides the administrative responsibility, but this person did not take all measures for their observance depending on it.
3. Imposing of administrative punishment on the legal entity does not exempt guilty physical person from the administrative responsibility for this offense, as well as attraction to administrative or criminal liability of physical person does not exempt the legal entity from the administrative responsibility for this offense.
4. The administrative responsibility for the offense provided by the Special part of this Code comes if it in character does not involve criminal liability according to the legislation of Turkmenistan.
The administrative offense is recognized committed intentionally if person who made administrative offense understood illegality of the action (failure to act), expected its harmful effects and wished their approach or consciously allowed approach of these effects, or was indifferent to them.
The administrative offense is recognized committed on imprudence if person who made administrative offense expected possibility of approach of harmful effects of the action (failure to act), but without the bases, sufficient to that, thoughtlessly expected their prevention or due to negligence did not expect possibility of approach of such effects though it shall and could expect them.
The basis for the administrative responsibility is act making (action or failure to act) containing all signs of structure of the administrative offense provided by this Code.
Persons which reached by the time of making of administrative offense of sixteen-year age are subject to the administrative responsibility.
1. The minors aged from sixteen up to eighteen years who made administrative offense are brought to the administrative responsibility according to this Code. At the same time each minor shall use humane treatment and respect of advantage of his personality taking into account its age.
2. Concerning the minor who made administrative offense aged from sixteen up to eighteen years administrative punishment in the form of the prevention irrespective of can be imposed, it is provided or not in the sanction of the relevant article of the Special part of this Code.
3. The minor aged from sixteen up to eighteen years who made administrative offense taking into account specific circumstances of committed offense, mental development of the offender, its living and housing conditions, the state of health and the education level by the commissions on cases of minors in case of hyakimlika of etraps or cities with the etrap rights (further - the commissions on cases of minors) and other bodies, authorized to consider cases, it can be exempted from the administrative responsibility and other corrective actions, stipulated by the legislation Turkmenistan can be applied to it.
4. The minors aged from sixteen up to eighteen years who made administrative offenses, provided by Articles 79, of 92, 210–219, 221–224, 226, 228–232, 317, 345–346, 349-1, 350 and 375–378 of this Code are subject to the administrative responsibility in accordance with general practice. Taking into account nature of administrative offense and the identity of the offender of case in the relation of specified persons (except for persons who made offense, stipulated in Article the 378th of this Code) can be transferred, and cases on administrative offenses, stipulated in Article 92 of this Code, as a rule, are subject to transfer for consideration of the commissions on cases of minors.
1. Deputies of Majlis of Turkmenistan are not subject to the administrative responsibility for the administrative offenses made by them without the consent of members and deputies of Majlis of Turkmenistan.
2. The ombudsman and his deputy are not subject to the administrative responsibility judicially for the administrative offenses made by them without the consent of chambers Millie Gengesha of Turkmenistan.
3. Members velayatsky, etrapsky and city Hulk of maslakhata and Gengesha are not subject to the administrative responsibility judicially for the administrative offenses made by them without the consent of Majlis.
1. The military personnel and citizens called on military charges, and also faces of ordinary, sergeant and officer structures of law-enforcement bodies bear disciplinary responsibility in the cases which are directly provided by disciplinary charters for the administrative offenses made by them, and in other cases are subject to the administrative responsibility in accordance with general practice. To specified persons administrative detention, and cannot be applied to the military personnel at the call of - and penalty.
2. Persons to whom operation of disciplinary charters or special regulations on discipline extends except specified in part one of this Article, bear disciplinary responsibility in the cases which are directly provided by regulatory legal acts of Turkmenistan for making of administrative offenses, and in other cases are subject to the administrative responsibility in accordance with general practice.
3. Persons specified in parts one and the second this Article for the administrative offenses connected with the mode of Frontier of Turkmenistan, boundary regime and the mode of check points, the tax and sanitary legislation of Turkmenistan, the legislation of Turkmenistan on veterinary case, fire safety, traffic safety, on hunting and maintaining hunting economy, fishery and protection of water biological resources are subject to the administrative responsibility in accordance with general practice.
4. Authorized officers direct materials about administrative offense to persons specified in parts one and the second this Article without applying measure of administrative punishment, in relevant organs to the solution of question of involvement of guilty persons to disciplinary responsibility.
1. Officials are subject to the administrative responsibility for the administrative offenses connected with non-execution or improper execution of their service duties.
2. The financial sanctions put on the legal entity and the disciplinary measures applied to it according to the legislation of Turkmenistan can be the basis for the administrative responsibility of officials of this legal entity if it is provided by the Special part of this Code.
Note
Officials persons are recognized, it is permanent, temporary or according to the special authorization the performing functions of public agents, and equally performing organizational and administrative, administrative or control and auditing functions in state bodies, local government bodies, at the companies, in organizations or the organizations irrespective of pattern of ownership, in Armed Forces of Turkmenistan, other troops and military forming, and also persons performing the specified functions in case of occupation business activity without formation of legal entity.
1. The foreign citizens, stateless persons and foreign legal entities who made administrative offenses in the territory of Turkmenistan are subject to the administrative responsibility in accordance with general practice, specified in this Code.
2. The question of the administrative responsibility of the foreign citizen using immunity based on the legislation and international treaties of Turkmenistan and who made administrative offense in the territory of Turkmenistan is allowed according to rules of international law.
1. Legal entities are subject to the administrative responsibility for making of administrative offense in the cases provided by the Special part of this Code.
2. If in Articles of Sections I, III and IV of this Code it is not specified that the regulations established by these Articles are applied to only physical person or only the legal entity, these regulations equally are effective in the relation of both the physical, and legal entity, except as specified, when in sense these regulations belong and can be applied only to physical person.
3. In case of merge of several legal entities again arisen legal entity is brought to the administrative responsibility for making of administrative offense.
4. When joining the legal entity to other legal entity to the administrative responsibility for making of administrative offense the attached legal entity is brought.
5. In case of separation of the legal entity or in case of allocation from the list of the legal entity of one or several legal entities that legal entity to whom according to the separation balance sheet passed the rights and obligations according to the concluded bargains or property in connection with which the administrative offense was made is brought to the administrative responsibility for making of administrative offense.
6. When transforming the legal entity from one form of business in another again arisen legal entity is involved in the administrative responsibility for making of administrative offense.
7. In the cases specified in parts of the third or sixth this Article, the administrative responsibility for making of administrative offense comes irrespective of whether it was known to the legal entity brought to the administrative responsibility of the fact of administrative offense before reorganization completion.
8. The administrative punishment imposed according to this Code on the legal entity for making of administrative offense before completion of reorganization of the legal entity is applied taking into account provisions of parts three - the sixth this Article.
1. To the administrative responsibility established for the road traffic offense registered by the special technical means making photographing and video in the automated mode or the means making photo and video owners (owners) of vehicles are attracted.
2. If the owner (owner) of the vehicle by consideration of its claim to the resolution proves that at the time of identification of administrative offense by the vehicle other person managed or the vehicle was disposed from its ownership as a result of illegal actions of other persons, he is exempted from the administrative responsibility.
Note
In this Code the special technical means making photographing and video in the automated mode are understood as the photo and video devices which underwent the metrological checkings establishing time of making of offense, type, brand, sign of state registration, and also speed and the direction of the vehicle.
1. Damnification to the interests protected by this Code in emergency condition, that is for elimination of danger, directly life-threatening is not administrative offense, to health, the rights and legitimate interests of this person or other persons, to interests of society or state if this danger could not be under these circumstances eliminated with other means and at the same time exceeding of limits of emergency is not allowed.
2. Exceeding of limits of emergency damnification, obviously not corresponding to nature and degree to the menacing danger and situation in which danger was eliminated when harm obviously more considerable is done to the interests protected by this Code, than prevented is recognized. Such exceeding attracts responsibility only in cases of intentional damnification.
1. Person though who made the action provided by the Special part of this Code, but operating in condition of justifiable defense, that is for protection of interests of the state or society, health, the rights, freedoms and legitimate interests of people, property, procedure for management from illegal encroachment by causing encroaching harm is not subject to the administrative responsibility if at the same time exceeding of limits of justifiable defense was not allowed.
2. Exceeding of limits of justifiable defense explicit discrepancy of protection to nature and degree of danger of encroachment therefore encroaching obviously superfluous injury which is not caused by situation is done is recognized. Such exceeding involves the administrative responsibility only in cases of intentional damnification.
Person who during making of illegal action or failure to act was in diminished responsibility condition is not subject to the administrative responsibility, that is could not realize nature and value of the actions (failure to act), their public danger or to direct them owing to mental disease, temporary painful mental disturbance, weak-mindedness or other disease state.
1. Damnification to the interests protected by this Code is not administrative offense in case of reasonable risk for achievement of the socially useful purpose.
2. The risk is recognized reasonable if the effective objective could not be achieved by the actions which are not connected with risk and person which allowed risk took sufficient necessary measures for prevention of harm to the interests protected by this Code.
3. The risk is not recognized reasonable if it was obviously integrated to threat of life or to human health, environmental disaster, public disaster or other heavy effects.
1. Making of action (failure to act) provided by the Special part of this Code as a result of physical or mental compulsion is not administrative offense if owing to such coercion person could not direct the actions (failure to act).
2. In other cases the question of responsibility for damnification to the interests protected by this Code as a result of physical or mental compulsion is solved taking into account provisions of this Code.
1. Responsibility for the administrative offense made by person which performed action (failure to act) provided by the Special part of this Code in pursuance of the order, obligatory for it, or other specifying given in accordance with the established procedure and with observance of the due form carries the person which gave such order or who made it specifying.
2. Person who made intentional administrative offense in pursuance of obviously illegal order or other specifying is subject to the administrative responsibility in accordance with general practice. Non-execution of obviously illegal order or other specifying excludes the administrative responsibility.
Body, authorized to consider case in the relation of person who made insignificant administrative offense can replace the administrative punishment provided by this Code, easier type of this collection or exempt this person from the administrative responsibility and be limited to the oral note.
Note
Insignificant administrative offense action (failure to act) having signs of the administrative offense provided by the Special part of this Code, but on nature, the extent of damage suffered and severity of effects not made essential impact on the interests protected by the law is recognized.
1. Administrative punishment, being responsibility measure, it is applied for the purpose of education of person who made administrative offense in the spirit of compliance with laws, and also prevention of making of new offenses by both the offender, and other persons.
2. The administrative punishment applied to the physical person who made administrative offense cannot aim at causing physical sufferings or humiliation of its human dignity, and also harming of goodwill of the legal entity.
1. For making of administrative offenses the following types of administrative punishment can be imposed:
2) administrative penalty;
3) social jobs;
4) paid withdrawal of the subject which was the tool of making or direct object of administrative offense;
5) confiscation of the subject which was the tool of making or direct object of administrative offense;
6) restriction of the special right granted to physical person;
7) administrative expulsion out of limits of Turkmenistan foreign citizens and stateless persons, and also temporary restriction of their entry into Turkmenistan;
8) administrative detention.
9) administrative suspension of operations.
2. The types of administrative punishment provided by Items 1-2, 4-5 and 9 of part one of this Article can be applied to the legal entity.
1. The prevention, administrative penalty, social jobs, administrative detention and administrative suspension of operations are applied only as main types of administrative punishment.
2. Paid withdrawal of the subject which was the tool of making or direct object of administrative offense, confiscation of the subject which was the tool of making or direct object of administrative offense, restriction of the special right granted to physical person, administrative expulsion out of limits of Turkmenistan of foreign citizens and stateless persons, and also temporary restriction of their entry into Turkmenistan can be applied as as the basic, and additional administrative punishment of types.
3. For one administrative offense the basic or the main and additional types of administrative punishment can be applied.
The prevention as type of administrative punishment is measure of official reminder to physical persons and legal entities about inadmissibility of wrongful act. The warning is issued in writing, but in case of insignificance of committed administrative offense, and also in the cases provided by this Code can be taken out and orally.
1. The administrative penalty (further - penalty) is the cash administrative punishment imposed in the cases provided by this Code, body authorized to consider case, and forcibly collected from guilty physical person or legal entity in the Government budget of Turkmenistan.
2. The size of penalty is determined proceeding from the basic size established by the Cabinet of Ministers of Turkmenistan.
3. The minimum size of penalty cannot be less 0,02 of the size of the basic size specified in part two of this Article.
4. The extreme size of penalty cannot be higher than the size provided by the Special part of this Code for separate types of administrative offenses.
5. In case of impossibility of recovery of penalty in the absence of evasion signs from its payment the court on representation of body to which execution of the resolution on recovery of penalty is assigned replaces penalty with social jobs according to article of 441 of this Code.
1. Social jobs consist performed by person subjected to this type of administrative punishment, free work for benefit of society which types are determined by regulatory legal acts of Turkmenistan with observance of requirements of the labor law of Turkmenistan.
2. Social jobs as administrative punishment are imposed by court.
3. Social jobs are established for a period of twelve till seventy two o'clock. If person who made administrative offense studies or works, then execution of social jobs by it shall not exceed four hours a day in time, free from study and work. With the consent of persons who do not study and do not work, social jobs by them can be performed over four, but no more than eight hours a day.
4. Social jobs cannot be appointed:
1) minor;
2) to expectant mothers;
3) to persons who are on child care leave;
4) to persons having disability of I and II groups;
5) to pensioners;
6) serviceman;
7) to foreign citizens, stateless persons (except for the persons without citizenship who are constantly living in the territory of Turkmenistan).
5. In case of origin during execution by person of social jobs of the circumstances provided by part four of this Article, the court on representation of body to which execution of the resolution on imposing of social jobs as administrative punishment is assigned exempts person from further execution of collection.
1. Paid withdrawal of the subject which was the tool of making or direct object of administrative offense (further - paid withdrawal), consists in forced withdrawal and the subsequent realization of the specified subject with transfer of the realized sum to the former owner less selling expenses of the withdrawn subject.
2. Paid withdrawal as administrative punishment is imposed by court.
3. Paid withdrawal of the fowling piece, ammunition to it, the permitted hunting and fishing tackles and other objects cannot be applied to persons for whom hunting and fishery are the single legal livelihood.
4. The procedure for application of paid withdrawal and the list of the objects which are subject to paid withdrawal is determined by this Code and other regulatory legal acts of Turkmenistan.
1. Confiscation of the objects which were the tool of making or direct object of administrative offense, and acquired by the method prohibited by the law, and being in property of person who made administrative offense (further - confiscation), consists in the forced non-paid address of this subject to property of the state in the cases provided by the Special part of this Code.
2. Confiscation as administrative punishment is imposed by court.
3. Confiscation of the fowling piece, ammunition to it, the permitted hunting and fishing tackles and other objects cannot be applied to persons for whom hunting and fishery are the single legal livelihood.
4. The procedure for application of confiscation is determined by this Code and other regulatory legal acts of Turkmenistan.
1. Restriction of the special right granted to physical person is applied for a period of one month up to two years for the gross or systematic violation of procedure for use of this right provided by the Special part of this Code.
2. Restriction of the special right granted to physical person as administrative punishment is imposed by court.
3. Restriction of the right of control of automobiles cannot be applied to persons who use these means in connection with disability, except as specified managements of transport in state of intoxication.
If the right to the control of vehicles granted to physical person was limited in connection with drunk vehicle control, repeated passing theoretical examination is appointed.
4. Restriction of the right of hunting and fishery it cannot be applied to persons for whom they are the single livelihood.
5. Restriction of the special right granted to physical person cannot be appointed as punishment, additional to social jobs.
1. Administrative expulsion out of limits of Turkmenistan of foreign citizens and stateless persons, and also temporary restriction of their entry into Turkmenistan as measures of administrative punishment is imposed in the cases provided by the Special part of this Code, and at the same time the term of temporary restriction on entry into Turkmenistan cannot exceed five years.
2. Terms of administrative expulsion out of limits of Turkmenistan, and also temporary restriction of entry into Turkmenistan are estimated from the moment of the end of proceeedings or reducing certain term of stay in Turkmenistan.
3. Stipulated by the legislation reducing Turkmenistan the term of stay in Turkmenistan determined by it and other measures can be applied to foreign citizens and stateless persons.
Note
Administrative punishment in the form of administrative expulsion out of limits of Turkmenistan cannot be applied to the persons without citizenship who are constantly living in the territory of Turkmenistan and having the documents confirming the personality, except as specified, the interests of homeland security or public order of Turkmenistan connected with protection.
1. Administrative detention can be applied in exceptional cases for separate types of administrative offenses only if based on the circumstances of a matter and taking into account the identity of the offender application of other types of administrative punishment will be acknowledged insufficient, for a period of up to fifteen days, and in the territories in which the emergency rule is introduced, - up to thirty days.
2. In cases and procedure which are established by this Code administrative detention is imposed by court, and in the conditions of emergency rule - the commandant of the territory in which the emergency rule, is introduced by either the manager of law-enforcement body or its deputy.
3. Administrative detention cannot be applied to the expectant mothers, women having children aged up to fourteen years (the child with disability aged up to eighteen years), to the lonely men raising children aged up to fourteen years (the child with disability aged up to eighteen years), to minors, persons with disability of I or II groups, and also to persons having pension entitlement on age or to the public social benefit.
4. The term of administrative detention is set off administrative detention in time.
1. Administrative suspension of operations consists in the termination of activities for the term of not over six months of persons performing business activity without formation of legal entity, legal entities, their branches, representations, structural divisions, production sites and also operation of the aggregates, objects, buildings or constructions which are engaged in separate types of activity, rendering services.
2. Administrative suspension of operations is applied in cases of threat of life or to human health, emergence of epidemics, epizooty, infections of quarantinable objects with quarantine wreckers, approaches of radiation, chemical accident or other emergency situations, causings essential harm to condition or quality of the environment, and also in cases of making of administrative offense in the field of drug trafficking, psychotropic substances and their precursors, in the field of public order and public safety, in the field of counteraction of legalization of income gained in the criminal way, to financing of terrorism and financing of distribution of weapons of mass destruction, and equally in implementation of activities within one year with numerous or gross violations of the legislation of Turkmenistan.
3. Administrative suspension of operations is imposed by court only in the cases provided by the Special part of this Code if less severe looking of administrative punishment is not able to provide goal achievement of administrative punishment.
4. In case of elimination of the administrative offenses which formed the basis for administrative suspension of operations, recovery of activities can be performed by court ahead of schedule based on the petition of person performing business activity without formation of legal entity or the legal entity.
1. Administrative punishment for administrative offense is imposed according to this Code.
2. When imposing administrative punishment on physical person nature of committed offense, the identity of the offender, the degree of his fault, property status, and also the circumstances mitigating and aggravating responsibility are considered.
3. When imposing administrative punishment on the legal entity nature of committed offense, property and financial position of the legal entity, and also the circumstances mitigating and aggravating responsibility are considered.
4. If the administrative offense is provided by general and special regulation, the administrative responsibility comes on special regulation.
5. Administrative prosecution does not exempt from obligations on elimination of the revealed offenses and compensation of the caused damage.
1. The circumstances mitigating responsibility for administrative offense are recognized:
1) frank repentance of person who made administrative offense;
2) prevention by person who made administrative offense, harmful effects of offense, voluntary compensation of damage or elimination of damage suffered;
3) making of offense under the influence of heat passion or in case of confluence of difficult personal or family circumstances;
4) making of offense by the minor or person with disability;
5) making of offense by the expectant mother or woman having the child aged up to three years (the child with disability - aged up to sixteen years).
2. As the circumstances mitigating responsibility also other circumstances which are not specified in part one of this Article can be recognized.
The circumstances aggravating responsibility for administrative offense are recognized:
1) continuation of delinquent behavior, despite the requirement to stop it;
2) making of the same administrative offense, repeated within year, for which person was exposed to administrative punishment;
3) intentional making of administrative offense by person at which it is not removed or the criminal record for making of intentional crime is not extinguished;
4) involvement in making of administrative offense of the minor, person sick with mental disturbance;
5) making of administrative offense group of persons;
6) making of administrative offense in the conditions of natural disaster or in the territories in which the emergency rule is imposed;
7) making of the administrative offense in state of intoxication caused by alcohol intake, the narcotic or other stupefying substances;
8) making of administrative offense for motive of national, racial or religious hatred or hostility, from revenge for lawful actions of other persons, and also with the purpose to hide other offense or to facilitate its making;
9) making of administrative offense concerning person or his close relatives in connection with accomplishment by this person of the office or social duty;
10) making of administrative offense concerning the woman, obviously for guilty the pregnancy which is in condition, and also concerning the child aged up to seven years, other defenseless or helpless person or person which is depending on the guilty person.
1. When making by one person of two or more administrative offenses administrative punishment is imposed for each offense separately.
2. If person made several administrative offenses, cases on which are at the same time considered by the same authorized body, administrative punishment is imposed within the sanction established for more severe violation. In that case one of the additional types of administrative punishment provided by responsibility clauses for any of committed offenses can be attached to main type of administrative punishment.
The term of administrative detention is estimated for days, temporary restriction of entry into Turkmenistan, restriction of the special right and administrative suspension of operations - years, months and days, and social jobs – hours.
1. Administrative punishment can be imposed no later than two months from the date of making of administrative offense.
2. Administrative punishment for the proceeding administrative offense can be imposed no later than two months from the date of its detection.
3. In case of production of administrative investigation in the cases provided by this Code, and it is equal in case of refusal in initiation of legal proceedings or cessation of production on criminal case, but in the presence in actions of the offender of signs of administrative offense administrative punishment can be imposed no later than one month from the date of creation of the protocol on administrative offense, after completion of administrative investigation or decision making about refusal in initiation of legal proceedings or about cessation of production on it.
1. If person subjected to administrative punishment within year from the date of the end of its execution did not make new administrative offense, then this person is considered not brought to the administrative responsibility.
2. If the minor aged from sixteen up to eighteen years subjected to administrative punishment within six months from the date of the end of its execution did not make new administrative offense, then this person is considered not brought to the administrative responsibility.
Compensation of the material and moral harm done as a result of making of administrative offense is performed according to the procedure, established by this Code and other regulatory legal acts of Turkmenistan.
Direct or indirect violation or restriction of rights and freedoms of man and citizen in connection with his 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 –
attracts imposing of penalty in the amount of five to ten sizes of basic size or administrative detention for a period of up to fifteen days.
1. Violation of the rights of citizens to freedom of beliefs and their free expression, on receipt of information or hindrance to their implementation, and also direct or indirect restriction with respect thereto the rights and freedoms of citizens or provision by it of any privileges and privileges -
attract imposing of penalty on physical persons in the amount up to one, on officials - to two sizes of basic size.
2. Hindrance to consolidation of citizens in political parties and other public associations, to free participation in their work -
attracts imposing of penalty on physical persons in the amount up to two, on officials - to five sizes of basic size.
3. Violation of procedure for creation of political parties and other public associations or illegal intervention in their activities -
attracts imposing of penalty on physical persons in the amount up to two, on officials - to five sizes of basic size.
1. Intentional hindrance to implementation of legitimate rights and obligations of citizens or officials -
attracts imposing of penalty in the amount up to two sizes of basic size.
2. Making of the offenses provided by part one of this Article in the territories in which the emergency rule is introduced, -
attracts imposing of penalty in the amount up to eight sizes of basic size or administrative detention for a period of up to thirty days.
Direct or indirect violation or restriction of rights and freedoms of man and citizen, and is equal making of actions for creation of political parties and other public associations which purpose is violent change of the constitutional system, allowing violence in the activities, opposing constitutional rights and freedoms of the citizens propagandizing war, racial, race, religious strife, encroaching on health and morality of the people, and also political parties on national or religious signs or participation in their activities
attract imposing of penalty in the amount up to twenty sizes of basic size or administrative detention for a period of up to fifteen days.
1. Violation of Turkmenistan of procedure for holding meetings, meetings, demonstrations and other mass actions established by the legislation, and equally public calls for the organization or holding meetings, meetings, demonstrations and other mass actions with violation of established procedure of their organization and carrying out made by organizers and participants of such actions -
attract the prevention or imposing of penalty in the amount up to four sizes of basic size or administrative detention for a period of up to ten days.
2. Repeated making of the offenses provided by part one of this Article within one year after application of measures of administrative punishment or if these offenses entailed causing material damage, -
attracts imposing of penalty in the amount up to eight sizes of basic size or administrative detention for a period of up to fifteen days.
3. Making of the offenses provided by part one of this Article in the territories in which the emergency rule is introduced, or for remuneration, or being followed payment of remuneration for participation in them -
attracts imposing of penalty in the amount up to ten sizes of basic size or administrative detention for a period of up to fifteen days.
4. Hindrance to holding the meetings, meetings, demonstrations and other mass actions organized according to the procedure, established by the legislation of Turkmenistan, -
attracts imposing of penalty on physical persons in the amount up to five, on officials - to ten sizes of basic size.
Carrying out contrary to the established prohibitions of strikes, meetings, meetings and demonstrations, and also spectacular, sporting and other mass events in the territories in which the emergency rule is introduced, -
attracts imposing of penalty in the amount up to five sizes of basic size or administrative detention for a period of up to fifteen days.
1. Evasion from state registration of public association, and also management of activities of the liquidated public associations, and equally public association which activities are stopped or prohibited according to the procedure, established by the legislation of Turkmenistan, or participation in their activities -
attract imposing of penalty in the amount of five to ten sizes of basic size.
2. Violation of procedure for distribution of information on the liquidated public associations, and is equal about those which activities are stopped or prohibited according to the procedure, established by the legislation of Turkmenistan, without specifying on them -
attracts imposing of penalty in the amount of two to five sizes of basic size.
3. Financing of activities of the public association which does not have state registration, and equally liquidated public association, or activities of which it is stopped or prohibited according to the procedure, established by the legislation of Turkmenistan, -
attracts imposing of penalty in the amount of five to ten sizes of basic size with confiscation of financial resources or without that.
4. Obtaining by the public association including which does not have state registration or his members or participants of financial, financial and other aid from physical persons and legal entities of foreign states with violation of the order of registration of such help established by the legislation of Turkmenistan -
attracts imposing of penalty on physical persons in the amount of two to five, on officials - from five to ten, on legal entities - from fifty to hundred sizes of basic size with confiscation of financial, material and other resources.
5. Implementation by public association of the activities which are not provided by its charter, and is equal making of the prohibited actions or activities implementation by the prohibited public association or implementation of any activities from his name -
attracts imposing of penalty on physical persons in the amount up to two, on officials - to five, on legal entities - to ten sizes of basic size or administrative suspension of operations of legal entities for a period of up to six months.
1. Violation of the rights of citizens to acquaintance with electoral registers, and is equal hindrance to implementation by the citizen of Turkmenistan of the right to choose and be elected -
attracts imposing of penalty on physical persons in the amount of two to five, on officials – from five to eight sizes of basic size.
2. Making of the offenses provided by part one of this Article with use of privileges of official or official position -
attracts imposing of penalty in the amount of five to ten sizes of basic size or administrative detention for a period of up to fifteen days.
Note
Regulations about the administrative offenses provided by this Code, connected with the voting right of citizens belong also to violations of the rights of citizens to participation in referenda.
1. Abuse of regulations and the terms of carrying out election propaganda established by the legislation of Turkmenistan including carrying out propaganda work in the election day -
attracts imposing of penalty on physical persons in the amount of one to two, on officials - from two to five sizes of basic size.
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