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LAW OF TURKMENISTAN

of June 22, 2013 No. 412-IV

About emergency rule

(as amended on 05-06-2021)

This Law regulates the legal basis of the activities of state bodies and other organizations connected with introduction of emergency rule.

Chapter I. General provisions

Article 1. Emergency rule

1. Emergency rule - the particular legal regime of activities of public authorities and local self-government, legal entities irrespective of their forms of business and patterns of ownership, their officials entered according to the Constitution of Turkmenistan and this Law in all territory of Turkmenistan or in its certain areas, allowing the separate restrictions of the rights and freedoms of citizens of Turkmenistan established by this Law, foreign citizens, stateless persons, the rights of legal entities and also assignment on them subsidiary duties.

2. Introduction of emergency rule is the temporary measure applied only for safety of citizens, rescuing from destruction of national historical and cultural heritage, protection of the constitutional system of the state.

Article 2. Purposes of introduction of emergency rule

The purposes of introduction of emergency rule are elimination of the circumstances which formed the basis for its introduction, recovery of the normal conditions necessary for safety of life and human health, protection of rights and freedoms of man and citizen, rescuing from destruction of national historical and cultural heritage, protection of the constitutional system of Turkmenistan.

Article 3. Bases of introduction of emergency rule

The basis for introduction of emergency rule is availability of the circumstances posing direct threat of life, to health and safety of people or the constitutional system of Turkmenistan which elimination is impossible without application of emergency measures. Treat such circumstances:

The emergency situations of natural and technogenic nature, emergency ecological situations, including the epidemics and epizooty which resulted from accidents, natural hazards, catastrophic crashes, natural and other disasters, entailed (able to entail 1)) the human victims, damnification to human health and the environment, considerable material losses and violation of conditions of life activity of the population and the requiring carrying out large-scale rescue and other urgent works;

2) attempts of violent change of the constitutional system of Turkmenistan, violent capture or assignment of the power, the mass riots, armed rebellion, acts of terrorism, blocking or capture of especially important objects or certain areas, the international, interreligious conflicts which are followed by violent acts, creating direct threat of life and safety of citizens, normal activities of public authorities and local government bodies, preparation and activities of illegal armed groups.

Chapter II. Procedure for introduction of emergency rule

Article 4. Introduction of emergency rule

1. The emergency rule in all territory of Turkmenistan or in its certain areas is entered by the Presidential decree of Turkmenistan.

2. In the Presidential decree of Turkmenistan about introduction of emergency rule shall be determined:

1) the circumstances which formed the basis for introduction of emergency rule;

2) reasons for need of introduction of emergency rule;

3) borders of the territory on which the emergency rule is imposed;

4) forces and means providing emergency rule;

5) list of emergency measures and limits of their action, exhaustive list of temporary restrictions of the rights and freedoms of citizens of Turkmenistan, foreign citizens and stateless persons, rights of legal entities;

6) state bodies (officials) responsible for implementation of the measures applied in the conditions of emergency rule;

7) effective date of the Decree in force, and also effective period of emergency rule.

3. The presidential decree of Turkmenistan about introduction of emergency rule is subject to immediate official publication and promulgation through mass media.

Article 5. Activities Millie Gengesha of Turkmenistan during action of emergency rule in all territory of Turkmenistan

In case of introduction of emergency rule in all territory of Turkmenistan Millie Gengesh of Turkmenistan continues the work during the entire period of action of emergency rule.

Article 6. Effective period of emergency rule

1. Effective period of the emergency rule imposed in all territory of Turkmenistan cannot exceed 30 (thirty) days, and entered in certain areas - 60 (sixty) days.

2. After the term specified in part one of this Article, the emergency rule is considered stopped.

3. If during effective period of emergency rule of the purpose of its introduction were not reached, the validity of this mode can be extended by the Presidential decree of Turkmenistan with observance of the requirements established by this Law for introduction of emergency rule.

Article 7. Cancellation of emergency rule

1. In case of elimination of the circumstances which formed the basis for introduction of emergency rule before the term established according to article 6 of this Law the President of Turkmenistan the relevant Decree cancels emergency rule fully or partially what the population of Turkmenistan or its respective certain area is notified on in the same order in which it was notified on introduction of emergency rule.

2. The presidential decree of Turkmenistan about complete or partial cancellation of emergency rule becomes effective from the moment of its acceptance.

Chapter III. The measures and temporary restrictions applied in the conditions of emergency rule

Article 8. The measures and temporary restrictions applied in case of introduction of emergency rule

By the presidential decree of Turkmenistan about introduction of emergency rule for action of emergency rule introduction of the following measures and temporary restrictions can be provided:

1) complete or partial suspension in the territory in which the emergency rule, powers of local executive bodies, and also local government bodies is introduced;

2) establishment of restrictions for freedom of travel on the territory in which the emergency rule, and also introduction of specific mode of entrance on the specified territory and departure from it, including establishment of restrictions for entrance on the specified territory and stay on it foreign citizens and stateless persons is introduced;

3) strengthening of protection of public order, and also the objects which are subject to the state protection and the objects providing life activity of the population and functioning of transport;

4) establishment of restrictions for implementation of separate types of financial and economic activities, including turnover of goods, services and financial resources;

5) establishment of special procedure for sale, acquisition and distribution of food and necessities;

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