LAW OF TURKMENISTAN

of June 3, 2017 No. 566-V

About ministerial procedures

This Law establishes the legal basis, the principles and procedural rules of the activities performed by administrative authorities in connection with acceptance, execution or cancellation of administrative acts and is aimed at ensuring compliance with human rights and freedoms and rule of law.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) administrative authority – executive bodies and local self-government, and also the authorized persons given the right to adopt administrative acts;

2) the administrative act – the decision, the order or other imperious measures taken by administrative authority for the purpose of settlement of certain (specific) question in the sphere of public legal relationship having external impact and generating certain consequence in law for the physical or legal entity;

3) ministerial procedure – the activities of administrative authorities directed to adoption of the administrative act;

4) the interested person – person who addressed to administrative authority in connection with adoption of the administrative act or making of the corresponding action or concerning which the administrative act is adopted or is made the corresponding action or failure to act, or any physical person or legal entity, exerted direct impact on the rights or interests of which protected by the law or the administrative act provided to acceptance or accepted by administrative authority or actions can affect from administrative authority, or person who is involved in ministerial procedure based on the petition or at the initiative of administrative authority in the cases following from his official position;

5) discretion (the right at the discretion of) – the power conferred by the law to administrative authority to be effective at discretion in case of decision making or option of one of the possible decisions corresponding to the law;

6) the favorable administrative act – the administrative act which is granting the rights to the interested person either confirming availability of its right, or removing the obligation assigned to it;

7) the adverse administrative act – the administrative act depriving the interested person of its right either limiting its right, or assigning to it certain obligation.

Article 2. Legislation of Turkmenistan on ministerial procedures

The legislation of Turkmenistan on ministerial procedures is based on the Constitution of Turkmenistan, consists of this Law and other regulatory legal acts of Turkmenistan.

Article 3. Scope of this Law

1. Provisions of this Law are applied to activities of administrative authorities.

2. Operation of this Law does not extend on:

1) preparation and acceptance of regulatory legal acts;

2) consideration of addresses of citizens and other cases which procedure for consideration is established by the legislation on administrative offenses, the penal, civil and arbitral procedural legislation of Turkmenistan;

3) employment relationships;

4) on activities of legal executives.

Article 4. Basic principles of implementation of ministerial procedures

The basic principles of implementation of ministerial procedures are:

1) legality – implementation of ministerial procedures by administrative authority within its competence and according to requirements, stipulated by the legislation Turkmenistan;

2) equality before the law – obligation of administrative authorities to provide equal approach when implementing ministerial procedures;

3) efficiency and availability of ministerial procedure – implementation of ministerial procedure in the shortest possible time with submission by the interested person to administrative authority of the minimum quantity of the documents and (or) data necessary for implementation of ministerial procedure;

4) cooperation when implementing ministerial procedures – interaction of administrative authorities with other administrative authorities, other organizations when implementing ministerial procedures by means of the direction of requests and receipt of the documents and (or) data necessary for implementation of ministerial procedures, and also in other forms;

5) harmony – the measures providing any intervention in legal status of legal entities or physical persons shall be suitable, necessary and pro rata to the legal purpose pursued by administrative authority;

6) protection of trust – the trust of honesty acting interested persons protected by the law to results of activities of administrative authorities;

7) the inkvizitsionny principle – the principle of objective research of all facts of the case.

Article 5. Form of ministerial procedure

Ministerial procedure is not connected by observance of certain form if there are no special rules about procedure form.

Article 6. Territorial jurisdiction

1. Ministerial procedure is performed by administrative authorities according to their competence at the place of residence (stay) of the interested person, or their higher bodies according to requirements of this Law, except for the ministerial procedures specified in paragraph three of this part.

Administrative authorities perform ministerial procedure according to their competence in the place of stay of the interested person in cases when its registration in the place of stay is obligatory.

Ministerial procedures concerning real estate are performed by administrative authority in the location of real estate.

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