LAW OF TURKMENISTAN

of November 21, 2015 No. 305-V

About prosecutor's office of Turkmenistan

(new edition)

Section I. General provisions

Article 1. Prosecutor's office of Turkmenistan

1. Supervision of exact and uniform compliance with laws of Turkmenistan, acts of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan, resolutions of Majlis of Turkmenistan is assigned to the Attorney-General of Turkmenistan and prosecutors subordinated to it.

2. The prosecutor being involved in hearing of cases in courts on the bases and according to the procedure, established by the law, provides protection of the rights of citizens and the state and public concerns protected by the law.

Article 2. Explanation of some concepts containing in this Law

1. The concept "prosecutor" is implied as the Attorney-General of Turkmenistan, prosecutors of welayats, cities with the rights of the welayat, etraps, cities with the etrap rights, military and specialized prosecutors, their deputies, senior assistants and assistants, chiefs of head departments and managements, main departments and departments, their deputies, the senior prosecutors and prosecutors

2. The concept "prosecutor" is meant as the government employee who is holding certain position in bodies of prosecutor's office and carrying out work on implementation of the tasks facing bodies of prosecutor's office.

Article 3. Purposes and activities of prosecutor's office

1. The purpose of implementation of supervision of prosecutor's office of exact and uniform compliance with laws of Turkmenistan, acts of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan, resolutions of Majlis of Turkmenistan, and also execution of other regulatory legal acts adopted according to requirements of the laws of Turkmenistan is the ensuring rule of law and strengthening of legality consisting in protection:

1) social and economic, political and other rights and freedoms of citizens;

2) rights of public authorities, and also Armed Forces, other troops and military bodies, local government bodies, companies, organizations, organizations, public associations;

3) rights of participants of production and economic and business activity.

2. Bodies of prosecutor's office:

1) exercise supervision of providing the rights and freedoms of citizens of Turkmenistan, foreign citizens and stateless persons;

2) exercise general supervision of execution of the laws and other regulatory legal acts by the bodies specified in Items 2 and 3 of part one of this Article;

3) exercise supervision of compliance with law of Turkmenistan by the bodies performing operational search activities, inquiry and pretrial investigation;

4) in the cases provided by the law make investigation of crimes, bring persons who committed crimes to trial;

5) exercise supervision of compliance with law of Turkmenistan on anti-corruption, coordinate the activities of law enforcement agencies performed in this direction;

6) in the cases provided by the law are involved in trial of cases in courts, provide protection of the rights of the citizens protected by the law of the state and public concerns, bring protests or representations on the decisions, resolutions and determinations of court contradicting the law;

7) exercise supervision of execution of the laws of Turkmenistan in places of content of the detainees taken into custody and execution of the punishments connected with imprisonment, the organizations performing punishments and the measures of forced nature appointed by court;

3. The prosecutor's office of Turkmenistan takes part in preparation of projects of legislative and other regulatory legal acts in the directions falling within the scope of its powers.

Article 4. International cooperation

The Prosecutor General's Office of Turkmenistan within the competence cooperates with relevant organs of foreign states and the international organizations and participates in the solution of the questions following from international treaties of Turkmenistan.

Article 5. Legal basis of activities of prosecutor's office

1. The organization and procedure for activities of bodies of prosecutor's office and power of prosecutors are determined by the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan regulating activities of bodies of prosecutor's office.

2. Accomplishment of functions, not stipulated by the legislation Turkmenistan cannot be assigned to prosecutor's office.

Article 6. Principles of the organization and activities of prosecutor's office

1. Activities of bodies of prosecutor's office for supervision of exact and uniform compliance with laws and other regulatory legal acts are based on the principles of legality.

2. The prosecutor's office of Turkmenistan constitutes single centralized system of bodies of prosecutor's office (further - bodies of prosecutor's office) which is based on the principle of one-man management and subordination of subordinate prosecutors higher and to the Attorney-General of Turkmenistan.

3. Bodies of prosecutor's office of Turkmenistan within the competence:

1) is performed by the powers irrespective of public authorities, local self-government, officials and public associations and in strict accordance with the Constitution of Turkmenistan, the laws and other regulatory legal acts of Turkmenistan;

2) take measures for elimination of violations of the law from whoever they proceeded, to recovery of the violated rights and attraction to the responsibility of persons which allowed these violations established by the law;

3) interact with law enforcement and other relevant organs in strengthening of legality and law and order;

4) are effective publicly in the cases which are not contradicting the legislation of Turkmenistan on secrets, protected by the special law;

5) submit the report to the President of Turkmenistan, inform Majlis of Turkmenistan and the Cabinet of Ministers of Turkmenistan on condition of legality and law and order in the state and work of bodies of prosecutor's office on their strengthening.

Article 7. Activities of prosecutor's office and right of the personality

1. When implementing the activities prosecutors provide observance of the rights and freedoms of man and citizen guaranteed by the state irrespective of national identity, race, floor, origin, property status and position, the residence, language, the relation to religion, political convictions, party membership. Restriction of the rights and freedoms of citizens is allowed only on the bases and according to the procedure, provided by the law. Disclosure of the data relating to private life of the citizen and discrediting his honor, advantage or able to damage it to the rights and legitimate interests, except cases when it is stipulated by the legislation Turkmenistan is not allowed.

2. Prosecutors according to the procedure, established by the legislation of Turkmenistan, give sales opportunity of legitimate rights for the protection by the detainee and to persons to whom the measure of restraint on criminal cases is applied.

3. Persons concerning whom inspection or the investigation was carried out had the right to get acquainted with results of check and the investigation, to know the reasons of restriction of the rights and freedoms and to obtain information.

4. Person believing that actions of the prosecutor infringe its rights, freedoms and legitimate interests having the right to appeal them to the higher prosecutor.

Article 8. Guarantees of independence of prosecutors

1. Prosecutors when implementing the powers are independent and have the immunity right.

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