On Introducing Changes And Additions Into The Code Of Turkmenistan On The Administrative Offences

Original Language Title: О внесении изменений и дополнений в Кодекс Туркменистана об административных правонарушениях

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15108

 
On introducing changes and additions into the code of Turkmenistan "on administrative delinquences" * translated from the official language of Turkmenistan.
 
I. to amend the Code of administrative offences in Turkmenistan, approved the law of Turkmenistan on August 29, 2013 year (statements of the Mejlis of Turkmenistan, 2013, no. 3, p. 52, no. 4, p. 76; 2014 g., no. 1, p. 45, no. 2, article 79, no. 4, p. 162; 2015, no. 1, p. 10, no. 3, p. 104, no. 4, arts. 124 and 143; 2016 g. No. 1, Julian calendar. 6 and 28), the following amendments and supplements: 1. In article 89: content of article number the number "1.";
assent of part 1 shall be amended as follows: "implies a fine for individuals of up to five, officials-to ten sizes of base value.";
Supplement part of the following: "2. the repeated Commission of offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts fines on individuals ranging from five to ten, officials from ten to fifteen sizes base unit.
2. Article 109 complement parts as follows: "4. Acts causing or likely to cause erosion or contamination of groundwater deposits-implies a fine for individuals of up to three, officials from five to ten sizes of the base unit.
5. Violation of the rules for the use of wells-implies a fine for individuals of up to three, officials from five to ten sizes of the base unit.
6. Repeated committing offences under parts first, second, third, fourth and fifth of this article within one year after the application of measures of administrative penalty-attracts fines on individuals ranging from three to seven, officials from five to ten sizes of the base unit, legal entities-from ten to fifteen sizes base unit.
3. Authorization of article 349 shall read as follows: "attracts fines on individuals ranging from three to eight, officials from five to ten, for legal entities-from ten to twenty dimensions base unit or administrative suspension of activity of legal persons for a period of up to three months.
4. after article 362 complement clause as follows: "article 3621. Violation of the procedure for the use of the State symbols of Turkmenistan

Violation of the procedure for the use of the State symbols of Turkmenistan-Turkmenistan's state flag, State emblem of Turkmenistan or the national anthem of Turkmenistan shall incur a fine of up to two sizes of the base unit.
5. Article 371 shall be amended as follows: article 371. Illegal residence permits to persons without passports, as well as without registration or registration 1. Resolution of legal and physical persons in charge or property homes or apartment living persons without passports, as well as without registration or registration-attracts a fine of two to five dimensions of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of five to eight dimensions of the base unit.
6. after article 4243 complement clause as follows: "article 4244. The loss of Executive documents the loss of officer vručënnogo him Executive documents-entail the imposition of a fine of up to three sizes of the base unit.
7. In the first part of article 425, delete the words "protect the security of a healthy society".
8. Article 426 shall be amended as follows: «Article 426. Obstruction of the lawful activities of the official in charge of production for administrative or criminal cases of obstruction of the lawful activities of the official in charge of administrative proceedings, i.e. dacha obviously false statements the witness, an expert involved in the proceedings, giving false conclusion the expert or the performance of a deliberately wrong translation translator, as well as deliberate refusal or evasion from duty or to appear when summoned by the translator , an expert or specialist in the production of administrative or criminal proceedings-attracts a fine of up to two sizes of the base unit.
9. after Article 427 complement clause as follows: "article 4271. Intentional evasion of administrative punishment in the form of public works Intentionally dodging the person imposed an administrative penalty in the form of public works, from their performance-attracted by an administrative arrest for up to 10 days.
10. The second part of article 445 worded as follows: "2. the cases on administrative offences, which include administrative arrest, confiscation, seizure, special limit compensatory right granted to an individual, administrative suspension of activities, as well as referred to in articles 59, 60, the first part of article 61, articles 62, 63 and 65-77, article 78, paragraph 3, articles 93, 95-97, 174, part 2 of article 184, part 2 of article 185 , parts 1 and 2 of article 222, 256, 257, 262, 263, 265, 266, 279, 308, 326 and 334-344, part 3 of article 348 articles 359, 3481-361 and 364, parts 1 and 3 of article 365, articles 378, 382 and 419-430 of this code are dealt with by the courts of the country and towns with etrap rights. ".

11. In the first part of article 446 delete number "174".
12. the first part of article 448 shall be reworded as follows: "1. The organs of Internal Affairs of Turkmenistan to consider cases on administrative offences, prescribed by part 2 of article 61, part 3 of article 63 (if an administrative offence is committed in the territories, which introduced the State of emergency), article 64, part 3 of article 78, 79, 80, 82, 172-1731, part 3 of article 175, part of the first, second, fourth and fifth article 192 , articles 193-197, part 3 of article 199, part 3 of article 206, 207, 208, 210-221, part of the third, fourth, fifth and sixth articles 222, 223, 224, articles 226, 228-234, 235 (for use by a driver of a vehicle without permission) and 237, part 3 of article 239, 240-243, 251, 315-316, 318, 322, 325, 328, part 2 of article 333 articles 345-347, parts 1 and 2 of article 348 articles 353, 352, paragraphs 1, 2 and 3 of Article 355, 3551, articles 356, part 3 of article 358, articles 369-377, 379, 380 and 388 of the present code.
13. Article 451 considered lapsed.
14. In the second part of article 466, the words "of the Ministry of Agriculture of Turkmenistan", insert the words "Ministry of agriculture and water economy of Turkmenistan.
15. In article 467: the title of the article to read: article 467. The competence of the bodies exercising State supervision and monitoring of the land, to hear cases of administrative offences;
in the first part the words "organs supervising land use and protection" should be replaced by the words "authorities exercising State supervision and monitoring of the land";
Part II shall be amended as follows: "2. Consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials of the State Committee of Turkmenistan on Wednesday environmental protection and land resources: 1), the Chairman of the State Committee and his deputies;
2) head of the Department of land resources State Committee and his Deputy;
3) head of Division controlling and monitoring the status of State Committee of land and government inspectors;
4) heads of regional land resources, their deputies, State inspectors on control and monitoring of the State of the land;
5) heads of departments of land resources etraps, towns with etrap rights and government inspectors.
16. Article 468: first part shall be reworded as follows: "1. the organs of the State agricultural technical supervision consider cases on administrative offences, prescribed by part 2 of article 365 of the criminal code.";
in the title and the second part of article translated into Russian language the word "gossel′tehnadzora" should be replaced by the words "the State agricultural technical supervision.
17. In the second part of article 469 words "Ministry of water economy of Turkmenistan", replace the words "Ministry of agriculture and water economy of Turkmenistan.
18. In article 470: the title of the article should read as follows: "article 470. The competence of the bodies of environmental protection Wednesday to hear cases of administrative offences;
in the first part of the word "conservation", insert the words "Environmental Authorities Wednesday;
Part II shall be amended as follows: "2. Consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials of the State Committee of Turkmenistan on Wednesday environmental protection and land resources: 1), the Chairman of the State Committee and his deputies;
2) chiefs of the environmental protection offices Wednesday, the protection of flora and fauna, as well as forestry State Committee and their alternates;
3) chiefs of regional environmental offices Wednesday and their deputies, directors of State natural reserves, State of biosphere reserves, national parks and their deputies, heads of forestry and public forest enterprises and organizations and their deputies;
4) chiefs of specialized services environmental monitoring State Committee and their alternates.
19. Item 6 of part two article 514 considered unenforceable.
 
II. The present law shall enter into force on the day of its official publication.
 
 
       Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 26, 2016 year no. 377-V.