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LAW OF TURKMENISTAN

of August 26, 2017

About legal acts

This Law determines procedure for development, representation, discussion, acceptance, registration, enforcement, change, termination and suspension of action of legal acts, and also procedure for their publication.

Section I. General provisions

Chapter I. Basic provisions about legal acts

Article 1. Basic concepts

In this Law the following basic concepts are used:

1) the Register of state registration of regulatory legal acts of Turkmenistan – the written list containing numbers of state registration and details of the regulatory legal acts specified in Items 6-8 of part two of article 7 of this Law which underwent state registration in the Ministry adalat Turkmenistan;

2) analogy of the right – application to not settled public relations of sense of the legislation of Turkmenistan (further – the legislation), the general principles of the right and the principles of specific industries of the right;

3) the rule of law – the obligatory rule of conduct permanent or temporality, intended for repeated application, extending to uncertain faces within the regulated public relations;

4) legal monitoring – system of permanent observation, collection, information analysis about condition of the legislation and practice of its application for the purpose of assessment and forecasting of efficiency of the legislation, development of offers on its enhancement;

5) the legal act – the written official document of the established form containing normative or other imperious legal instructions, accepted according to the procedure, established by the legislation;

6) the legal act of individual application – the written official document of the established form intended for the one-time or limited on time other application, extending to certain physical persons and legal entities by means of which the rights and obligations of certain persons established by the legislation are exercised;

7) the substandard legal act – the legal act which is not containing the rule of law, accepted by authorized body by means of which the rights and obligations of certain persons established by the legislation are applied or exercised;

8) hierarchy of regulatory legal acts (further – hierarchy) – procedure for subordination of regulatory legal acts of low legal force to the regulatory legal acts having higher legal force;

9) regulatory legal act – the written official document on paper or the electronic document identical to it of the established form accepted by national referendum or authorized body, establishing rules of law, changing, stopping or stopping their action;

10) the act of interpretation of regulatory legal act – the written official document of the established form explaining the regulations containing in regulatory legal act, corresponding to the rules and conditions specified in articles 57 and 58 of this Law;

11) interpretation of regulatory legal act – refining by authorized body of true meaning and content of regulatory legal act (its separate regulations) for the purpose of the correct, exact and uniform understanding and application of regulatory legal act;

12) the level of regulatory legal act – the place of regulatory legal act in hierarchy depending on its legal force;

13) official publication of regulatory legal act – the publication for general data of regulatory legal act in state language in official and periodic printing publications, and also official drawing of the electronic version identical to paper, on the Internet;

14) legal force of regulatory legal act – the characteristic of regulatory legal act determining obligation of its application to the corresponding public relations and also its benefit or hierarchy in relation to other regulatory legal acts;

15) the legislation – set of the regulatory legal acts adopted in accordance with the established procedure;

16) the legal act – the constitutional law, the code, the law and the resolution of Majlis of Turkmenistan;

17) subordinate regulatory legal acts – the regulatory legal acts which are not legal acts and accepted on basis either in execution or for further implementation of legal acts and other regulatory legal acts, higher on hierarchy;

18) analogy of the law – application to not settled public relations of regulations of the laws governing the similar public relations;

19) Reference bank of regulatory legal acts of Turkmenistan – set of the regulatory legal acts adopted on the state accounting and ordered by the Ministry adalat Turkmenistan, on paper and electronic system of these regulatory legal acts in electronic form;

20) authorized body – state bodies and officials who have the right to adopt legal acts according to their competence established by the Constitution of Turkmenistan (further – the Constitution), this Law, and also the legislation determining legal status of these bodies and officials.

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