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LAW OF TURKMENISTAN

of November 23, 2016 No. 476-V

About the Ombudsman

(as amended of the Law of Turkmenistan of 18.12.2021)

This Law determines the rights, obligations, the main directions and guarantees of activities of the Ombudsman and his power.

Chapter I. General provisions

Article 1. Ombudsman

1. The position of the Ombudsman who is the authorized representative on human rights in Turkmenistan is established according to the Constitution of Turkmenistan for the purpose of providing guarantees of the state protection of rights and freedoms of man and citizen, their observance and respect with public authorities, local government bodies and their officials.

2. The ombudsman supplements with the activities the existing public funds of protection of rights and freedoms of man and citizen. Activities of the Ombudsman do not attract restriction of competence of other state bodies performing protection of rights and freedoms of man and citizen according to the Constitution and other regulatory legal acts of Turkmenistan.

Article 2. Scope of this Law

Scope of this Law extends to the relations arising during realization of rights and freedoms of man and citizen between the citizen of Turkmenistan irrespective of the place of its stay, the foreign citizen or the stateless person which is in the territory of Turkmenistan and public authorities, local self-government and their officials.

Article 3. Legal basis of activities of the Ombudsman

1. The ombudsman in the activities is guided by the Constitution of Turkmenistan, this Law and other regulatory legal acts and international treaties of Turkmenistan.

2. Nobody has the right to assign to the Ombudsman of function, not stipulated by the legislation Turkmenistan, international treaties of Turkmenistan, and also the universally recognized norms of international law.

Chapter II. Procedure for position assignment and dismissal of the Ombudsman and his deputy

Article 4. Election of the Ombudsman

1. Majlis Millie Gengesha of Turkmenistan elects the Ombudsman from among three candidates offered by the President of Turkmenistan, secret vote by a simple majority vote from the determined number of deputies.

2. If Majlis Millie Gengesha of Turkmenistan will not make the decision connected with election of the Ombudsman, the President of Turkmenistan within fifteen days proposes to Majlis Millie Gengesha of Turkmenistan candidacies of three other persons.

3. Offers on candidates for position of the Ombudsman are made in Majlis Millie Gengesha of Turkmenistan not later than one month before the end of term of office of the previous Ombudsman.

4. About election and the termination of powers of the Ombudsman it is reported in mass media of Turkmenistan.

Article 5. Requirements to the candidate for the Ombudsman's position

The citizen of Turkmenistan not younger forty years, the having experience in area of human rights protection and having high moral qualities having the higher education knowing state language within prior ten years constantly living and working in Turkmenistan can be elected to position of the Ombudsman.

Article 6. Assumption of office of the Ombudsman and his deputy

1. The ombudsman and his deputy in day of election to position in a festive atmosphere bring at meeting of Majlis Millie Gengesha of Turkmenistan the oath of the following content: "I (surname, name and middle name), entering position, I swear to protect rights and freedoms of man and citizen, to fulfill the duties assigned to me honesty, independently, without prejudice, for the benefit of the person, being guided by the Constitution and the laws of Turkmenistan".

2. The ombudsman and his deputy are considered started execution of powers from the moment of bringing of the oath.

Article 7. Term of office of the Ombudsman

1. The ombudsman is elected for a period of five years. The same person can be elected to the specified position no more than for two terms in a row. The term of office of the Ombudsman begins with the moment when it started execution of the powers.

2. Powers of the Ombudsman stop after fixed term, and also in case of early termination of powers or death.

Article 8. Deputy Ombudsmena

1. Ombudsmen has deputies. The deputy Ombudsmena is elected for a period of five years and Millie Gengesha of Turkmenistan on Ombudsmen's representation is exempted by Majlis. The term of office of the deputy Ombudsmen begins with the moment when it started execution of the powers.

2. Job responsibilities of the deputy Ombudsmen are determined by Ombudsmen.

3. In case of early termination of powers or death Ombudsmena before election new Ombudsmena fulfills its duties the deputy Ombudsmena and the guarantees established for Ombudsmena extend to this period on it.

Article 9. Early termination of powers of the Ombudsman and his deputy

Powers of the Ombudsman and his deputy ahead of schedule stop Majlis Millie Gengesha of Turkmenistan by a simple majority vote from the determined number of deputies in cases:

1) filing of application about addition of the powers by it;

2) the state of health interfering execution of job responsibilities according to the medical certificate;

3) introductions in legal force of conviction of court;

4) introductions in legal force of the judgment about its recognition it is limited capable, incapacitated, is unknown absent or the announcement the dead;

5) terminations of citizenship of Turkmenistan;

6) election or appointment it to position which class in the law is incompatible with the status of the Ombudsman and his deputy;

7) gross violation of ex-officio full powers, making of the offenses not compatible to stay on post;

8) departure out of limits of Turkmenistan on the permanent residence.

Article 10. Restrictions for holding the post of the Ombudsman and his deputy

1. The ombudsman and his deputy cannot be at the same time members or deputies Millie Gengesha of Turkmenistan, members of local representative bodies of the power and local government bodies, and also cannot be engaged in other activities, except for scientific, teaching and creative activities.

2. The ombudsman and his deputy have no right to be engaged in political activities, to be member of political party or other public association pursuing political goals.

3. In a month from the date of election to position the Ombudsman and his deputy shall stop the activities not compatible to their status. If they in the specified time do not fulfill the established requirements, their powers stop and Majlis Millie Gengesha of Turkmenistan elects the new Ombudsman or his deputy.

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