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LAW OF TURKMENISTAN

of December 18, 2013 No. 456-IV

About warlike situation

(as amended on 05-06-2021)

This Law establishes the legal basis of warlike situation in the territory of Turkmenistan, procedure for its introduction and cancellation, determines measures for providing the mode of warlike situation.

Chapter 1. General provisions

Article 1. Warlike situation

Warlike situation - particular legal regime of activities of public authorities, local government bodies and legal entities irrespective of their form of business and pattern of ownership (further - legal entities) and their officials, providing restriction of the rights and freedoms of citizens, assignment for them of subsidiary duties, temporarily entered according to this Law in all territory of Turkmenistan or in its certain areas in case of military threat, military intervention in internal affairs or implementation against it the armed aggression or emergence of its direct threat to Turkmenistan for the purpose of defense of the state, ensuring public order and homeland security.

Article 2. The main terms used in this Law

In this Law the following main terms are used:

1) military threat - actions of other state (states), extremist, secession, religious movements, the organizations which are on its territories specifying actual intent to use the armed force against independence, sovereignty, territorial integrity and the constitutional system of Turkmenistan;

2) military intervention - the direct or indirect intervention in internal affairs of the state (people) which is breaking independence, sovereignty, territorial integrity, the constitutional system and national interests of Turkmenistan or obviously threatening them use of weapons;

3) the armed aggression - use of the armed force by other state (states) against independence, sovereignty, territorial integrity, constitutional system and national interests of Turkmenistan or other impact on it otherwise, incompatible with Articles of organization of the United Nations;

4) curfew - the temporary measure entered in case of the mode of warlike situation, prohibiting to citizens without specially issued omissions and identity documents to be on streets and in other public places at the scheduled time days;

5) annexation - violent accession to the territory of one state of the territory of other state;

6) internment - the forced placement of the citizens of the foreign state conducting military operations against Turkmenistan, who are in the territory of Turkmenistan to certain area and prohibition by it to leave its limits in case of introduction of warlike situation;

7) requisition - forced paid withdrawal of property for its use for needs of defense.

Article 3. Legal basis of warlike situation

1. The legal basis of warlike situation are the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan adopted on their basis.

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

Article 4. Purpose of introduction of warlike situation

The purpose of introduction of warlike situation is creation of necessary conditions for reflection or prevention of military threat to Turkmenistan, military intervention in its internal affairs or the armed aggression against it.

Article 5. Bases for introduction of warlike situation

1. The bases for introduction of warlike situation in the territory of Turkmenistan or in its certain areas are the military threat, military intervention in internal affairs of Turkmenistan or military aggression against it.

2. Military threat the following actions are recognized:

1) declaration of war to Turkmenistan from other state (states);

2) violation of territorial integrity of Turkmenistan;

3) emergence of the centers of the armed conflicts directed against Turkmenistan and also the centers of local wars and armed conflicts in close proximity to Frontier of Turkmenistan;

4) the concentration of armed forces of other state (states) along Frontier of Turkmenistan specifying intention to use the armed force against independence, sovereignty, territorial integrity and the constitutional system of Turkmenistan;

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