LAW OF TURKMENISTAN

of August 26, 2017 No. 589-V

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 on 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 normative legal resolutions 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 systematized 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.

Article 2. Coverage of this Law

1. This Law determines system of legal acts of Turkmenistan and differentiates legal status of types of legal acts.

2. This Law does not regulate:

1) procedure for acceptance, change and cancellation of the Constitution;

2) procedure for acceptance, change and cancellation of normative decisions of Gengesh;

3) procedure for the conclusion, accomplishment, change and termination of international treaties of Turkmenistan;

4) procedure for acceptance, change and cancellation of the legal acts of individual application established by the legislation on administrative offenses, and also the criminal procedure, criminal and executive, civil and arbitral procedural legislation.

3. Adoption of the legal act in writing by results of the administrative act, that is the decision, the order or other imperious measures of the administrative authority which is regulating certain (specific) questions in the sphere of public legal relationship, having external impact and generating consequence in law for physical person or legal entity is performed according to the Law of Turkmenistan "About ministerial procedures".

Article 3. General requirements to legal acts

Legal acts shall conform to the following general requirements:

1) to contain normative or other imperious legal instructions;

2) to be accepted on the referendum or authorized bodies according to the procedure established by this Law;

3) shall be turned to uncertain persons or to certain persons;

4) shall be directed to regulation of the public relations;

5) shall be directed to origin, change or the termination of the rights and obligations.

Article 4. Types of legal acts

Legal acts are subdivided into the following types:

1) regulatory legal acts;

2) substandard legal acts.

Article 5. Basic principles of rule-making activities

Rule-making activities are performed on the principles of legality, priority of the universally recognized norms of international law, protection of the rights, freedoms and legitimate interests of man and citizen, social justice, publicity and accounting of public opinion.

Chapter II. Legislation of Turkmenistan

Article 6. System of the legislation of Turkmenistan, ensuring its integrity

1. The system of the legislation of Turkmenistan is constituted by the Constitution, regulations and other regulatory legal acts, including normative decisions corresponding to it Gengesha.

2. Integrity of system of the legislation of Turkmenistan is provided by means of:

1) observance of procedure for acceptance of regulatory legal acts, the introduction of changes in them and amendments established by the legislation;

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