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LAW OF TURKMENISTAN

of May 4, 2013 No. 388-IV

About homeland security of Turkmenistan

(as amended on 05-06-2021)

This Law governs legal relations in the field of homeland security of Turkmenistan, determines content and the principles of safety of the person, society and state, and also the purpose and direction of ensuring national security of Turkmenistan.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

3) homeland security - the condition of security of national interests of Turkmenistan from real and potential hazards providing development of man and citizen, society and state;

2) ensuring national security - the activities of subjects of homeland security of Turkmenistan directed to protection of national interests against real and potential hazards;

3) system of ensuring national security - set of the legal, organizational, economic, technical and other measures performed by subjects of homeland security of Turkmenistan within state policy in the field of homeland security;

4) national interests - set of the political, economic, social and other needs of Turkmenistan recognized by the law connected with realization of capability of the state to provide human rights protection and the citizen, values of society and bases of the constitutional system;

5) threats of homeland security - set of the internal and external circumstances and phenomena dangerous to society interfering or able to interfere with implementation of national interests of Turkmenistan;

6) objects of national security - the person, his life, the rights and freedoms; society, its material and cultural wealth; state, its constitutional system;

7) subjects of homeland security - the state performing the powers through bodies of legislative, executive and judicial authority, and also the physical persons and legal entities of Turkmenistan participating in realization of state policy in ensuring national security;

8) the strategy of homeland security - the strategic document containing the main problems, threats, strategic programs and target indicators, tasks which are subject to accomplishment, and results of the achieved goals in ensuring national security, and also determining development of Turkmenistan in this direction;

9) information infrastructure - set of technical means and systems of forming, creation, transformation, processing, transfer, use and storage of information;

10) information space - the field of activity connected with forming, creation, transformation, processing, transfer, use, storage of information, making impact on information infrastructure and actually information, including individual and public consciousness.

Article 2. Legal basis of ensuring national security

1. The legislation of Turkmenistan in the field of ensuring national security is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

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

Article 3. Principles of ensuring national security

The principles of ensuring national security are:

1) respecting the rule of law when implementing activities for ensuring national security;

2) priority of rights and freedoms of man and citizen;

3) operational mutual informing and coordination of actions of forces of ensuring national security;

4) unity, interrelation, balance of all types of national security, operational change of their priority depending on development of the situation;

5) priority of precautionary and preventive measures when ensuring national security;

6) adequacy and timeliness of measures of ensuring national security to scales and nature of the caused and possible damage of homeland security;

7) respect for balance of interests of man and citizen, society and state, their cross liability;

8) inspectability of realization of all set of actions for protection of homeland security;

9) the approved activities of system of ensuring national security with the international security systems;

10) accurate differentiation of powers of state bodies in ensuring national security.

Article 4. Types of homeland security

Types of homeland security are:

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