On The Procuracy Of Turkmenistan

Original Language Title: О прокуратуре Туркменистана

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On Prosecutor's Office of Turkmenistan *
(new edition)
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Translation from the state language of Turkmenistan.

Section I. GENERAL PROVISIONS

Article 1. The Prosecutor's Office of Turkmenistan

1. Supervision over strict and uniform observance of laws of Turkmenistan, President of Turkmenistan acts of the Cabinet of Ministers of Turkmenistan, the Mejlis resolutions rests with the Prosecutor General of Turkmenistan and his subordinate prosecutors.
2. The prosecutor, participating in the proceedings before the courts on the grounds and in the manner prescribed by law, protects the rights of citizens and lawful state and public interests.

Article 2. Explanation of some of the concepts contained in this Act

1. The term "prosecutor" means the Attorney General of Turkmenistan, prosecutors of provinces and cities with the rights of velayat, etrap, cities with the rights of etrap, military and specialized prosecutors and their deputies, senior assistants and assistants, heads of main departments and offices, main divisions and departments, their deputies, senior prosecutors and prosecutors
2. The term "prosecutors" means a public servant occupying a certain position in the Prosecutor's Office and to work to implement the tasks of the prosecutors.

Article 3 Objectives and activities of the Prosecutor's Office

1. The purpose of supervising prosecutors for strict and uniform observance of laws of Turkmenistan, President of Turkmenistan acts of the Cabinet of Ministers of Turkmenistan, decrees of the Mejlis of Turkmenistan, as well as the performance of other legal acts adopted in accordance with the laws of Turkmenistan, is the rule of law and strengthening the rule of law, consisting in protection:
1) socio-economic, political and other rights and freedoms of citizens;
2) the rights of public authorities, as well as the Armed Forces, other troops and military authorities, local self-government bodies, enterprises, institutions, organizations, public associations;
3) The rights of participants in production and economic and commercial activities.
2. Prosecution authorities:
1) oversee the maintenance of the rights and freedoms of citizens of Turkmenistan, foreign citizens and persons without citizenship;
2) exercise general supervision over the execution of laws and other normative legal acts of the bodies referred to in paragraphs 2 and 3 of this Article;
3) supervise compliance with the legislation of Turkmenistan bodies engaged in operational investigative activities, inquiries and preliminary investigations;

4) in cases provided by law, are investigating crimes prosecuted the perpetrators of the crime;
5) oversee compliance with the legislation of Turkmenistan on combating corruption, coordinate law enforcement activities carried out in this direction;
6) in the cases provided by law, participate in the proceedings of cases in courts shall protect the rights of citizens protected by law national and public interests, bring protests or views on the decisions and resolutions of the court, contrary to the law;
7) oversee the implementation of laws of Turkmenistan in places of detention, prisoners in detention and enforcement of sentences involving deprivation of liberty institutions executing punishment and coercive measures, designated by the court; 3
. The Prosecutor's Office of Turkmenistan takes part in the drafting of legislative and other normative legal acts in areas falling within the scope of its powers.

Article 4. International Cooperation

The General Prosecutor of Turkmenistan within its competence, cooperates with relevant authorities of foreign countries and international organizations and is involved in issues arising from international treaties of Turkmenistan.

Article 5. Legal Framework prosecutors

1. The organization and procedure of the prosecutors and the power of prosecutors are determined by the Constitution of Turkmenistan, this Law and other normative legal acts of Turkmenistan regulating the activities of the prosecution.
2. At the prosecutor's office can not be assigned to perform the functions not provided by the legislation of Turkmenistan.

Article 6. Principles of the organization and activities of the Prosecutor's Office

1. The activity of the prosecutor's office to oversee the correct and uniform implementation of laws and other regulations based on the principles of legality.
2. The Prosecutor's Office of Turkmenistan is a single centralized system of prosecutor's offices (hereinafter - the prosecuting authorities), which is based on the principle of unity of command and subordinate to superior procurators and the Procurator-General of Turkmenistan. 3
. The prosecuting authorities of Turkmenistan, within its competence:
1) exercise their powers independently from government, local authorities, officials and public associations and in strict accordance with the Constitution, laws and other normative legal acts of Turkmenistan;

2) Take measures to eliminate violations of the law, no matter where they come from, the restoration of violated rights and bring to responsibility established by law the persons who have committed these violations;
3) interact with law enforcement and other relevant authorities in the strengthening of the rule of law;
4) act according to the cases, not contradicting the legislation of Turkmenistan about the secrets, protected by a special law;
5) present a report to the President of Turkmenistan shall inform the Majlis of Turkmenistan and the Cabinet of Ministers on the state of law and order in the country and work to strengthen them the prosecution.

Article 7. The activities and rights of the individual prosecutors

1. In carrying out its activities the prosecutors enforce state-guaranteed rights and freedoms of man and citizen, regardless of nationality, race, sex, origin, property and position, residence, language, attitude towards religion, political convictions, party affiliation or lack of affiliation to any party. Limitation of rights and freedoms shall be permitted only on the grounds and in the manner prescribed by law. Not allowed disclosure of information relating to the private life of a citizen and damaging his honor, dignity or likely to damage the rights and legal interests, except where provided for by the legislation of Turkmenistan.
2. Prosecutors in the manner prescribed by law, provide an opportunity to the legitimate rights of the detainees and their defense of the persons against whom the preventive punishment in criminal cases. 3
. Persons in respect of which audited or consequence, the right to familiarize with the results of inspection and investigation, to know the reasons for limitation of rights and freedoms and to receive information.
4. A person who believes that the actions of the prosecutors violated his rights, freedoms and legal interests, has the right to appeal against their higher-ranking prosecutor.

Article 8. Guarantees of the independence of prosecutors

1. Prosecutors in exercising their powers are independent and have the right of immunity.
2. Exposure to any form of officials of state bodies, local authorities, representatives of public associations, the media and citizens to prosecutors in order to force them to take illegal decisions or impede their lawful activities is prohibited and punishable by law.
3
. No one may, without the permission of the investigator or prosecutor to disclose information obtained in the course of inspections and preliminary investigation conducted by the prosecuting authorities, until their completion.

Article 9. Obligation fulfillment of legitimate demands of the prosecutor
1. Requirements prosecutor arising from his office as provided by the Constitution and laws of Turkmenistan, obligatory for state bodies, local government, all enterprises, institutions, organizations regardless of ownership, officials and citizens and shall be fulfilled in due time.
2. Statistical and other information, documents or copies, certificates and other information necessary for the implementation of the public prosecutor of his powers, it is at the request of the prosecutor for free. 3
. Officials and citizens are obliged to appear when summoned by the prosecutor and provide explanations on issues related to the ongoing prosecutor's check.
4. Failure by officials and citizens of the legitimate demands of the prosecutor without a valid reason, as well as failure to appear at his call entail liability established by the legislation of Turkmenistan. In case of failure to appear in the prosecutor's office without valid reasons for a person called in the prescribed manner, it may be subjected to forced drive on the basis of the decision of the prosecutor.

Article 10. Consideration by the Prosecutor's Office applications and complaints

1. The prosecuting authorities in the manner prescribed by law, consider and decide applications, complaints and other complaints of citizens and legal entities, containing information on violations of the law. It is forbidden to transfer the complaint to the body or official actions or decisions that are appealed.
2. Treatment of citizens and legal persons coming in the prosecuting authorities, are considered in the order and terms established by the legislation of Turkmenistan. 3
. The prosecutor conducts the personal reception of citizens, supervises the execution of the requirements of the legislation governing the procedure for complaints and appeals by governments, local authorities, enterprises, institutions and organizations regardless of ownership.
4. In every case revealed violations of the law the prosecutor shall take measures to restore the violated rights and legitimate interests of citizens and legal persons who hold violators accountable, established by the legislation of Turkmenistan.
5. Responses to applications, complaints and other appeals must be reasoned and contain an explanation of the procedure for appealing the decision.

Article 11. Appeal against actions and acts of the prosecutor


1. Complaints about the actions and acts of prosecutorial supervision can be directed to a higher prosecutor within ten days from the date of the contested act or an act of ads prosecutor, unless the law provides otherwise. The appeal does not suspend their implementation.
2. The prosecutor, exercising its powers, is obliged to give explanations about the commits an act or an act of prosecutorial supervision which will be put in relation to citizens and legal persons, the procedure and terms of appeal. 3
. The superior prosecutor investigates complaints against the actions and acts of the subordinate prosecutor in a month and the results in writing, notify the applicant and the prosecutor appealed that action.
4. The act of public prosecutor's supervision, which brought a complaint in the event of non-compliance of its legislation of Turkmenistan may be revoked, canceled or changed by a higher prosecutor.

Article 12. Prosecutor's participation in the work of public authorities and bodies, local self-government

1. Prosecutor General of Turkmenistan has the right to participate in meetings of the Majlis and the Cabinet of Ministers, ministries, departments, local executive authorities and local self-government.
2. Prosecutors provinces, cities with the rights of velayat, etrap, cities with the rights of district of the right to participate in meetings of local executive authorities and local government, and military and specialized procurators are entitled to participate in the meetings held within the territories of its supervision. 3
. The prosecutor, his deputy, as well as on their behalf other prosecutors are entitled to participate in the examination of the brought their representations and protests by government, local authorities, enterprises, institutions, organizations regardless of ownership, as well as public associations.

Article 13. Prosecutor's participation in efforts to improve the legislation of Turkmenistan

When setting in implementing prosecutorial supervision need to improve laws and other normative legal acts of Turkmenistan, the Attorney General has the right to make authorities and officials having the right of legislative initiative, a proposal to amend, supplement, repeal or adoption of new laws of Turkmenistan.

Section II. SYSTEM AND ORGANIZATION OF THE PROSECUTOR'S OFFICE


Article 14. The bodies of the Public Prosecutor

1. A single centralized system of prosecutor's office of Turkmenistan headed by the Prosecutor General of Turkmenistan.
2. the prosecution system consists of:
1) the General Prosecutor of Turkmenistan;
2) prosecutors of provinces and cities with the rights of velayat;

3) prosecutors of districts and towns with the rights of etrap;
4) The military prosecutor's offices;
5) specialized prosecutors. 3
. Education, reorganization and liquidation of territorial prosecutor's offices in the established order by the President of Turkmenistan on the proposal of the Prosecutor General of Turkmenistan.

Article 15. The appointment and dismissal of the Prosecutor General of Turkmenistan

1. In accordance with the Constitution the Attorney-General of Turkmenistan is appointed and dismissed by the President of Turkmenistan with the consent of the Mejlis of Turkmenistan.
2. Prosecutor General of Turkmenistan can be released from office upon the expiration of the term of office, committed an offense which is incompatible with the execution of powers of the Prosecutor in connection with the inability to perform official duties for health reasons, in connection with his transfer to another job or on their own.

Article 16. Appointment and dismissal of prosecutors

1. Deputy Prosecutor General of Turkmenistan, prosecutors of provinces and cities with the rights of velayat, their deputies and prosecutors of districts and towns with the rights of etrap, military and specialized prosecutors are appointed and dismissed by the President of Turkmenistan on the proposal of the Prosecutor General of Turkmenistan. Information on their appointment and removal from office shall be published in the media.
2. Exemption from office public officials mentioned in part one of this article are allowed on the following grounds:
1) in connection with the expiration of the term of office;
2) if they have committed the offense, which is incompatible with the execution of powers of the Prosecutor;
3) in the case of improper performance of official duties;
4) as a result of certification;
5) on health;
6) in connection with the transfer to another job;
7) on their own;
8) in connection with the termination of Turkmen citizenship;
9) on other grounds provided for by the legislation of Turkmenistan.

Article 17. The terms of office of prosecutors

Prosecutor General of Turkmenistan and his deputies, prosecutors of provinces and cities with the rights of velayat, and their deputies, prosecutors of districts and towns with the rights of etrap, military prosecutors and specialized prosecutors are appointed for a term of five years and can not hold office for more than two consecutive terms.

Article 18. The Prosecutor General's Office of Turkmenistan


1. General Prosecutor of Turkmenistan headed by the Prosecutor General of Turkmenistan, which has deputies, senior assistants and assistants. The division of responsibilities among the Deputy Procurator-General.
2. Basic questions of the organization and activity of the prosecutor's office considers a panel of the General Prosecutor's Office. The College is an advisory body. 3
. The structure of the Prosecutor General's Office make up the main management and control departments. The chiefs of main departments, departments and divisions are senior assistants and their deputies and heads of departments of directorates - Assistant Attorney General.
4. Prosecutor General of Turkmenistan has senior assistants and assistants on supervision in certain areas and special assignments, whose status corresponds to the status of heads of main departments and offices and their deputies, heads of departments, respectively.
5. The General Prosecutor's Office operates the Scientific and Methodological Council for consideration of issues related to the prosecution activities on the improvement of the laws of Turkmenistan. Statute of the Scientific and Methodological Council and its composition shall be approved by the General Prosecutor of Turkmenistan.

Article 19. The Prosecutor's Office of provinces and cities with the rights of velayat

1. Prosecutors of provinces and cities with the rights of velayat is headed by the respective prosecutor's office, which establishes the position of deputy, senior assistants and assistants to prosecutors.
2. The prosecutor's offices of provinces and cities with the rights of velayat created board, which is an advisory body. 3
. The prosecutor's offices of provinces and cities with the rights of velayat are main divisions and departments. The chiefs of main departments and departments are senior assistants and their deputies and prosecutors departments - assistant prosecutors relevant.

Article 20. The Prosecutor's Office of districts and towns with the rights of etrap, military and specialized prosecutors

Prosecutor's Office of districts and towns with the rights of etrap, military and specialized prosecutors headed by the relevant prosecutors. As said prosecutor's offices are established positions of deputy prosecutors, senior assistant, assistant prosecutors, senior investigators and investigators.


Article 21 investigator

1. When the Prosecutor General of Turkmenistan may be a senior investigator for particularly important cases, investigators for particularly important cases and senior investigators. The prosecutor's offices of provinces and cities with the rights of velayat are investigators for particularly important cases, senior investigators, prosecutors' offices in the districts and towns with the rights of etrap, military and specialized prosecutor's offices - senior investigators and investigators.

2. Investigators prosecutors in accordance with the law and inspect the preliminary investigation of cases, ascribed to their competence, as well as on other matters referred to them by the prosecutor.

Article 22. The powers of the Prosecutor General of Turkmenistan

1. Prosecutor General of Turkmenistan directly and through a system of prosecutors supervise the strict and uniform observance of laws and other normative legal acts. Prosecutor General of Turkmenistan President of Turkmenistan is the report on the activities of the prosecution system.
2. Prosecutor General of Turkmenistan:
1) directs prosecutors, organizes their work, conducts control over their activities;
2) has been working on the selection, placement, certification and skills upgrading prosecutors workers;
3) implement measures to improve the style and methods, improving the efficiency of the prosecution;
4) proposes to the President of Turkmenistan on the appointment and dismissal, assignment of class ranks and state awards of Turkmenistan prosecutors workers;
5) in accordance with established procedure appoints and assigns ranks prosecutors bodies;
6) to ensure the execution of subordinate prosecutors requirements for their performance, with output in the labor holiday of prosecutors or in the case of a vacancy in their office, the duties of prosecutors of districts and towns with the rights of districts, as well as specialized prosecutors entrusts skilled operatives, the duties of prosecutors of provinces and cities with the rights of velayat - by their deputies or deputies of the prosecutor General of Turkmenistan, the duties of the military prosecutor - to the prosecutors of the provinces and cities with the rights of velayat or their deputies;
7) on the basis of and pursuant to the laws and other normative legal acts of Turkmenistan publishes mandatory for all employees of the prosecution orders, instructions, regulations and instructions governing the organization of the prosecution system in Turkmenistan.

Article 23. The powers of the prosecutors of provinces and cities with the rights of velayat to direct subordinate prosecutors


Prosecutors of provinces and cities with the rights of velayat of Turkmenistan on the basis of the laws and regulations of the Prosecutor General of Turkmenistan led by the Prosecutor's Office of districts and cities with the rights of districts and specialized prosecutors, within their powers are working on the selection, placement, attestation and training of employees , the appointment and dismissal of employees, give suggestion to the prosecutor General of Turkmenistan on awarding class ranks and state awards of Turkmenistan, issue orders and instructions binding on all subordinate their workers make suggestions about changes in staffing subordinate prosecutors.

Article 24. The powers of the prosecutors of districts and towns with the rights of districts, military and specialized prosecutors

Prosecutors of districts and towns with the rights of districts, military and specialized prosecutors headed by the relevant prosecutor's offices and activities within its authority issues orders and instructions, obligatory for execution by subordinate their workers contribute to a higher prosecutor proposal to change the staff Prosecutor's schedule, on appointment and dismissal of prosecutors subordinated to them.

Article 25. Prosecutor's Office in the College

1. To address the most important issues of the prosecutor's office, requires the development of collective decisions, the Prosecutor General of Turkmenistan, in the prosecutor's offices of provinces and cities with the rights of velayat are board.
2. At the board meeting discussed the state prosecutor's supervision on major activities of the prosecutor's office, issues of organizational improvement work of the prosecution, selection and placement of personnel, normative acts, heard reports of subordinate prosecutors and other employees of the prosecutor's office, the questions on the results of conducted audits and generalizations included in work plan for the college, and other issues. 3
. College of General Prosecutor of Turkmenistan formed a part of the Prosecutor General of Turkmenistan (board chairman), his deputies and other senior officials of the prosecution. The composition of the board of the General Prosecutor of Turkmenistan approved by the President of Turkmenistan on the proposal of the Prosecutor General of Turkmenistan.

4. The prosecutor's offices of provinces and cities with the rights of velayat board formed as a part of the public prosecutor, head of the relevant public prosecutor's office (board chairman), his deputies and other employees of the prosecutor's office. The composition of the board shall be approved by the General Prosecutor of Turkmenistan on the proposal of the prosecutors.

Section III. Prosecutor's supervision

CHAPTER I. GENERAL SUPERVISION

Article 26. The content and supervision tasks

1. The prosecutor's office oversees, providing:
1) in accordance with the Constitution precise and uniform execution of the laws of Turkmenistan, President of Turkmenistan acts of the Cabinet of Ministers of Turkmenistan, decrees of the Mejlis of the state authorities, governing bodies of the Armed Forces and other troops, local authorities, members of industrial and economic and commercial activities, enterprises, institutions, organizations, public associations, officials and citizens;
2) compliance with laws and other normative legal acts of Turkmenistan and legal acts issued by authorities and officials referred to in paragraph 1 of this section;
3) that the legal rights and freedoms of citizens;
4) the adoption of measures to address the conditions and causes of violations of the law that contributed to their occurrence, restoration of violated rights.
2. The prosecutor's office has no right to interfere in on-farm activities of those entities over which the public prosecutor's supervision is carried out. Law enforcement checks are conducted on the basis of received messages and the available information about violations of the law, requiring immediate prosecutorial response.

Article 27. The order of the prosecutor's supervision

1. Actions in the exercise of prosecutorial supervision and acts made by their result, become enforceable in the event of their commission and make the procedure established by the legislation of Turkmenistan.
2. law enforcement inspection is conducted by the prosecutor within its competence in the following cases:
1) on the basis of the work plan;
2) in the presence of statements, complaints, messages and other official data on violations of the law;
3) the direct detection of a violation of the law;
4) at the request or the request of the superior prosecutor. 3
. Verification of compliance is carried out within one month. The prosecutor assigned to verify, with the consent of the superior prosecutor may extend the term of its holding up to three months, and with the consent of the Prosecutor General of Turkmenistan - up to six months, what shall notify in writing the head of the audited entity.

4. Checking the information received by the Prosecutor's Office on violations of the current legislation of Turkmenistan by the prosecutor may be assigned to the appropriate authority, which is responsible to respond to the offense. The prosecutor has the right to oblige the authority to inform him of the results of the audit.

Article 28. Powers of the prosecutor in supervising

1. In the process of checking the execution of the law in the exercise of supervisory prosecutor may:
1) upon presentation of business card to enter the territory and premises of enterprises, institutions and organizations whose activities are related to the subject of verification, to have access to their documents and materials that do not contain state mystery, verify compliance with the law in connection with the prosecutor's office received information about violations of the law;
2) require managers and other officers of the submission of the necessary documents, materials, statistical and other information on the status of the rule of law and the measures taken to ensure it, inspections and audits of the activities controlled and subordinate enterprises, institutions, organizations and subordinate officials , the allocation of experts and expertise, production in accordance with their competence materials inspections, complaints received by the prosecutor's office, and to oblige them to report the results, participate in the verification of actions;
3) summon officials and citizens, to require them to verbal and written explanations concerning violations of the law;
4) perform other verification activities provided for by the legislation of Turkmenistan.
2. The prosecutor claimed the information provided to him free of charge in the manner prescribed by law, in amounts and terms specified by the prosecutor. 3
. The prosecutor is obliged, in cases specified by law, to ensure non-disclosure of state or other secrets contained in the request information.
4. Officials of the bodies referred to in paragraph 1 of Section 26 of this Act shall be obliged to proceed with the implementation of the requirements of the public prosecutor to conduct inspections and audits immediately.
5. As a result of checking the prosecutor may:
1) to challenge the legal acts and actions of officials, contradict the legislation of Turkmenistan;
2) to make the state administration bodies and the heads of enterprises, institutions and organizations who have committed violations of the legislation of Turkmenistan, or to a higher authority representation to eliminate violations of the law, the causes and conditions that contributed to their occurrence;
3) make an order to eliminate apparent violations of the legislation of Turkmenistan;

4) to make a written warning to an official or a citizen to prevent violations of the law;
5) To make the procedure established by law, the decision to institute criminal proceedings, disciplinary proceedings or administrative proceedings, as well as the immediate release of the illegally detained citizens in special cases eviction of persons from illegally occupied dwelling or living in homes that threatens to collapse;
6) on the grounds and in the manner stipulated by the legislation of Turkmenistan, to go to court with a claim (application) for the protection of rights and lawful interests of citizens and the state, enterprises, institutions and organizations;
7) in accordance with the legislation of Turkmenistan, to take measures to bring to justice officials responsible for violations of human rights and freedoms, legal interests of enterprises, institutions and organizations.
CHAPTER II. ACTS prosecutorial supervision

Article 29. The system of acts of prosecutorial response

The prosecutor in the case of violations of law, rule of law, within its competence on the basis and in accordance with the procedure established by the laws of Turkmenistan receives the following acts Response:
1) protest;
2) representation;
3) order;
4) warning;
5) decision;
6) a statement of claim (application) to the court.


Article 30. Protest
1. The prosecutor brings a written protest to the discrepancy legislation of Turkmenistan and acts of participants of legal relations referred to in Article 3 of this Law.
2. In protest, the prosecutor requires the removal of the illegal act or to bring it into conformity with the law and end the illegal actions of the official and redress. 3
. Protest on the normative legal act contrary to the laws of Turkmenistan seems to publish it or a higher authority. In the same way objected to the illegal actions of the official.
4. The prosecutor is subject to review by the relevant body or official within ten days from the date of its receipt, and in case of a protest against the decision of the collegial body - at the next meeting, but no later than within one month. On the results of the examination reported to the public prosecutor. In considering the protest collegial body prosecutor informed about the day of the meeting, in which it is entitled to participate.
5. In cases and in the manner prescribed by law, the prosecutor has the right to suspend the execution of the contested act to the consideration of the protest.

6. The prosecutor may be withdrawn by him or by the superior prosecutor to consider it.


Article 31. Submission
1. The idea of ​​eliminating violations of the law introduced by the prosecutor in the body or official, who (which) is competent (competent) to eliminate the violations.
2. Submission is subject to immediate consideration and appropriate body or official within one month from the day of submission must be taken specific measures to eliminate violations of the law, the causes and conditions that contributed to their occurrence. 3
. On the results of review and measures taken authority or official shall notify the prosecutor. In reviewing the collegial body of the prosecutor informed about the day of the meeting, in which it is entitled to participate.
Article 32. Prescription


1. The written orders to eliminate violations of the law introduced by the prosecutor in those cases where the violation of laws may cause substantial harm to the rights and legitimate interests of citizens, the state, enterprises, institutions and organizations.
2. The order sent to the authority or official who violated the law, or to a higher order of subordination body or official competent to resolve the violation. 3
. The prescription should indicate which law is broken, the nature of the breach and specific proposals on measures to address the violations.
4. The order is subject to immediate execution. On the execution of instructions in writing notified to the prosecutor.


Article 33. Caution
1. In order to prevent offenses in the presence of information about conditions conducive to a breach of the law, as well as the illegal act, the upcoming official or citizen, the public prosecutor shall issue a written warning to the official or citizen.
2. In case of default the requirements set out in warning, the person to whom it was announced, can be held liable in the manner prescribed by law.


Article 34. Resolution
1. The prosecutor, depending on the nature of the violation of the law officer or citizen in the manner prescribed by law, shall issue a reasoned decision to institute criminal proceedings, disciplinary proceedings or administrative proceedings. The reasoned decision of a prosecutor may be imposed, and in other cases as a form of expression of its requirements.

2. Attorney Decision to open a disciplinary or administrative proceedings shall be executed by an authorized body or official not later than ten days after its receipt, the Forced drive - and promptly informed of the outcome of the public prosecutor.

Article 35. The statement of claim in court

1. Prosecutor within its competence shall be entitled to the benefit of the state, enterprises, institutions, organizations and citizens to apply to the courts of Turkmenistan with a claim and participate in the proceedings.
2. In case of rejection of the protest on the legal act does not comply with the legislation of Turkmenistan, the prosecutor applies to the court a statement of acceptance of its illegal. 3
. Application to the Court in connection with the rejection of protest is considered by the court in the manner prescribed by law, with the participation of the prosecutor and the representative of the body, rejected the protest.
4. Contacting the prosecutor in the court suspends the contested normative legal act, pending consideration zayavleniyau court.


Article 36. Sanction
1. The prosecutor in the manner prescribed by law, gives sanction.
2. The sanction to commit such acts or failure in her cottage made out by the prosecutor in the form of a resolution on the decision official. 3
. Prosecutor in deciding on giving approval studies materials, which are the basis for taking actions that restrict the rights of citizens, and gives authorization for reasons stipulated by law.
Article 37. Information


Prosecutor within its competence, make the appropriate information on the legality of the state authorities and the rule of law in the terms and procedure established by the legislation of Turkmenistan.

Article 38. Appeals against acts of prosecutorial supervision

1. Protest, prescription, presentation, warning, judgment, and other acts of the prosecutor can be appealed within ten days to a higher prosecutor or official authority, which made these acts.
2. The appeal shall not suspend the execution of acts of prosecutorial supervision.

CHAPTER III. Prosecutorial oversight of implementation of laws by bodies carrying out operative-search activity, inquiry and preliminary investigation

Article 39. Subject matter of prosecutorial supervision

The subject of supervision is to fulfill all the requirements of the legislation of Turkmenistan bodies performing operatively-search activity, inquiry and preliminary investigation, and to ensure:

1) protection of the individual, the state and legal persons from criminal encroachments; compliance with statutory authorization procedure statements and reports of crimes, carrying out of operatively-search actions, excitation and termination of criminal cases in the manner prescribed by law or the suspension of criminal proceedings, as well as compliance with the terms of investigation and detention;
2) prevent the unlawful involvement of citizens in the criminal liability; steady performance requirements of the laws of Turkmenistan on the comprehensive, full and objective investigation of all circumstances that expose the defendant mitigating and aggravating his responsibility; strict observance of the rights and legitimate interests of stakeholders and other citizens;
3) adoption of measures to prevent crime, eliminate the causes and conditions that contributed to their occurrence.

Article 40. Powers of the prosecutor in supervising the execution of laws by bodies engaged in operational investigative activities, inquiries and preliminary investigations

1. In exercising supervision over the legality of actions of conducting operational-search activity, inquiry and preliminary investigation, the prosecutor in accordance with the legislation of Turkmenistan, within its competence:
1) verify the implementation of Turkmenistan's legislation on admission, registration and settlement of petitions and reports on committed or preparing crimes;
2) seeks from these bodies to check the criminal cases, documents, materials and other information about committed or prepared crimes, on the progress of the operational-search activity, inquiry, preliminary investigation;
3) check the legality of the search operations bodies engaged in this activity and take measures to eliminate violations of the law in carrying out search operations;
4) considers and resolves complaints about the actions and decisions of persons making inquiries and preliminary investigations;
5) take measures of prosecutor's response on the revealed facts of violations of the law by those conducting the inquiry, the preliminary investigation and carrying out operational investigative activities;
6) cancels illegal and groundless decision investigators and persons conducting the inquiry, as well as not in compliance with law and regulations specifying the heads of investigative units and bodies of inquiry;

7) gives written instructions on the investigation of the crime, on the election, amendment or cancellation of a preventive measure, the definition of crimes, certain investigative actions and search for persons who committed crimes;
8) instructs the execution of individual investigative actions in cases in the production of the prosecutor or investigator;
9) in the manner prescribed by law, authorize the conclusion of a person in custody, the production of a search, seizure of postal and telegraphic correspondence and its seizure, interception of telephone and other conversations, telegraph messages, accused dismissal, controlled purchase and controlled the supply of narcotic drugs, psychotropic substances and their precursors;
10) in cases and order established by the legislation of Turkmenistan, prolongs and establishes the investigation period of detention as a preventive measure;
11) in accordance with the Criminal Procedure Code of Turkmenistan returns criminal cases of inquiry and preliminary investigation agencies with written instructions on the additional investigation;
12) in accordance with the Criminal Procedure Code of Turkmenistan shall have the right to participate in the inquiry and preliminary investigation, as well as personally to make certain investigative action or the investigation in full in any case;
13) in the manner prescribed by law, ensures the implementation of an investigation of the principle of one authority and one investigator, and in the cases stipulated by law, to ensure the most complete and objective investigation addresses issues of the case to another agency or another official ;
14) removes the person conducting the inquiry or investigator from further conduct of inquiry or preliminary investigation, if they are in the investigation of the criminal case has been a violation of legislation of Turkmenistan;
15) initiate the procedure prescribed by law, criminal cases, according to the indictments, sends the criminal case to the court or refuses to initiate criminal proceedings, suspend or terminate the preliminary investigation proceedings in criminal cases;
16), if necessary, requires managers to the investigating authorities and the inquiry checks subordinate their bodies in order to eliminate violations of legislation of Turkmenistan.
2. Written instructions, relevant legislation of Turkmenistan of the Prosecutor General of Turkmenistan on the preliminary investigation and inquiry, are binding.


Article 41. Investigation of crimes prosecution authorities

1. prosecution authorities are investigating criminal cases involving offenses committed by State officials, as well as the crimes specified in the Criminal Procedure Code of Turkmenistan and ascribed to their jurisdiction.
2. With the written permission of the Prosecutor General of Turkmenistan and his deputies in accordance with the criminal procedure legislation of Turkmenistan, the prosecuting authorities have the right to demand criminal cases from other investigative bodies and take them to their production.

Article 42. Sanctioning actions restricting citizens' rights

Authorization actions restricting the rights of citizens, carried out by the Prosecutor General of Turkmenistan, prosecutors heading velayat prosecutors and prosecutors of cities with the rights of velayat, etrap prosecutor's office and the prosecutor's office district of the cities with the rights, as well as military and specialized prosecutors, their deputies on the grounds and in the manner which are provided by the laws of Turkmenistan.

CHAPTER IV. Participation of the prosecutor
In court cases

Article 43. Prosecutor's participation in court cases

1. The prosecutor participates in the proceedings by the court on the grounds and in the manner prescribed by law.
2. Powers of Attorney involved in court cases, determined by the procedural legislation of Turkmenistan.

Article 44. Maintenance of Public Prosecutions Prosecutor

1. Prosecutor acts as a public prosecutor and the court supports the state charge, guided by the requirements of the legislation of Turkmenistan and his inner conviction based on a comprehensive, full and objective investigation of all circumstances of the case. If the result of the trial the prosecutor comes to the conclusion that the charge brought against the defendant has not been confirmed, it is obliged to give it up.
2. A person who produces an investigation, can not participate in the proceedings of the case as a public prosecutor.

Article 45. Powers of the prosecutor in the proceedings of the court cases

In cases in the court hearing the prosecutor in accordance with the law:
1) participates in an administrative court session on the criminal cases in the trial of criminal, civil, arbitration cases and cases of administrative offenses in the first instance;
2) states his opinion in criminal, civil, arbitration cases and cases of administrative offenses in the cassation and supervisory review.


Article 46. The right to lodge a protest and submission to court orders

The prosecutor has the right in accordance with the procedural legislation of Turkmenistan to bring an idea or a protest against the verdict contrary to law, the decision, the decision and the court decision and withdraw their pending cases in court.

Article 47. The right to suspend the execution of judicial decisions

Prosecutor General of Turkmenistan in criminal matters in accordance with the law have the right to suspend the adjudication by way of supervision pursuant to the contested judgment, decisions and rulings of courts or judges of Turkmenistan and his deputies have the right to suspend the adjudication by way of supervision pursuant to the contested judgment, definition and court or judges of Turkmenistan's ruling but resolution of the Presidium and Plenum of the Supreme Court of Turkmenistan, and in civil cases, in representation brought by the established order, the prosecutor has the right to apply for a stay of proceedings until after the supervisory proceedings in court.

Article 48. Representation of the prosecutor on giving guidance to courts for clarification

Prosecutor General of Turkmenistan has the right to submit to the Plenum of the Supreme Court of Turkmenistan idea of ​​giving guidance to courts for clarification on the application of the law in criminal, civil and arbitration cases, cases on administrative offenses.

CHAPTER V. prosecutor's supervision over observance of legislation in places of detention, pre-trial detention IN enforcement of sentences and other coercive measures, appointed by the Court


Article 49. The subject of prosecutorial supervision

The subject of the prosecutor's supervision are:
1) the legality of the presence of persons in places of detention, detention, correctional and other institutions carrying out sentences and other coercive measures, appointed by the court;
2) compliance with the legislation of Turkmenistan rights and obligations of detainees, prisoners in custody, prisoners and persons subject to compulsory measures, procedures and conditions of their detention;
3) the legality of the execution of punishment, not connected with deprivation of liberty.

Article 50. Powers of the prosecutor in supervising the observance of laws in places of detention, pre-trial detention, with the execution of sentences and other coercive measures, appointed by the court


1. Prosecutors, effectively using the powers granted by law, take specific measures to protect the legitimate rights in places of detention in administrative procedure, in detention centers and detention centers, prisons, rehabilitation centers for persons suffering from alcoholism, drug addiction or dependence on psychoactive substances in places of execution of punishments not related to deprivation of liberty, to improve their material living, health, sanitation, prevention of illegal activities and the elimination of the offenses employees of these institutions.
2. In exercising supervision over the legality of institutions referred to in the first part of this article, the public prosecutor, within its competence:
1) systematically at any time visiting bodies and institutions referred to in Article 49 of this Law, has unhindered access to all its premises;
2) selects the explanations from the detainees, prisoners in custody, sentenced or subject to compulsory measures;
3) get acquainted with the documents yavivshimisya grounds for detention, administrative detention, detention of a person, as well as to the penal imprisonment and other penalties or coercive measures;
4) releases its decision unlawfully held in police and investigative content or illegally detained, pre-detainees in custody, except in cases of application of these measures by judicial authorities;
5) in the case of non-renewal of the term of detention established by law as a preventive measure, the decision of the prosecutor overseeing compliance with the law, the arrested are released from places of detention;
6) checks the orders and decisions of administrative agencies referred to in Article 49 of this Law, the laws of Turkmenistan regulating the procedure and conditions of detention of persons in institutions, in the event of non-compliance of the law suspend the execution of such acts of protests, demands an explanation from the responsible officials;
7) checks the fulfillment of the requirements of the law on the right of persons subjected to detention, administrative arrest, detention, sentenced to imprisonment, as well as persons subjected to other penalties or coercive measures, to deal with complaints and petitions to the state authorities, public associations, officials and about the direction of the administration in the prescribed manner of complaints and appeals on the accessories, adopt the measures provided for by the legislation of Turkmenistan, in case of violation of these requirements in advance;

8) cancels in the case of non-compliance to the law disciplinary sanctions imposed on persons detained prisoners, prisoners, by its decision immediately frees them from the detention center.

Article 51. Obligation performance requirements Attorney

Ordinance and the prosecutor's demand regarding the execution of the order established by the legislation of Turkmenistan and the conditions of detention, prisoners in custody, prisoners, persons subject to restrictive measures applied or placed in psychiatric hospitals, are binding on the administration, as well as bodies executing sentences ships in respect of persons sentenced to punishment not connected with deprivation of liberty.

CHAPTER VI. Prosecutor's supervision over implementation of laws in the Armed Forces of Turkmenistan, other troops and military bodies

Article 52. Limits supervision of the military prosecutor's office

Military prosecution organs exercise their powers in Turkmenistan Armed Forces, other troops and military bodies, in accordance with the laws and other normative legal acts of Turkmenistan.

Article 53. Management bodies of the military procuracy accounting offenses

In the military prosecution authorities imposed a unified management accounting following offenses:
1) committed by soldiers and called on the citizens of charges located in the reserve;
2) committed by employees and workers of the Armed Forces of Turkmenistan, other troops and military authorities during the performance of their duties;
3) committed in the arrangement of the Armed Forces of Turkmenistan, other troops and military bodies.

Article 54. The powers of the military prosecutor for the supervision of the observance of laws in the guardhouse and the military units correctional

1. When supervising the execution of sentences imposed by the courts, laws and military regulations in the guardhouse, in the military penal part, as well as in military units, military prosecutor within its competence has the right:
1) in order to verify the implementation of the law and the military Charter regularly and at any time to enter the guardhouse, in the military penal part, to other detention facilities and prisoners military;
2) familiarize with the documents on the basis of which persons are arrested in disciplinary order, detained on suspicion of committing a crime, arrested, and also contained in the guardhouse and serving time in the military correctional unit;

3) to release from custody of persons illegally detained in the brig, in the military penal part, in other places of detention or military persons detained unlawfully arrested during the preliminary investigation or disciplinary procedure;
4) to select an explanation from the detained, arrested and sentenced to imprisonment;
5) to verify compliance with the orders and instructions of commanders (chiefs) and other officers of the requirements of the law and regulations governing the conditions and procedures for detention, arrested and imprisoned, bringing protests in cases of non-compliance of the order of execution of such acts of law or military regulations.
2. Decision execution, reporting and requirements of the military prosecutor's compliance with certain laws and military regulations and conditions of the order of detention, arrested, sentenced to prison commanders (chiefs) and other officials necessary.

Article 55. Protection of detainees and prisoners and their escort

1. Convoy, security, content delivery to the military prosecutor's office of persons detained in military and garrison guardhouses, carried by military units and military commandant's office of garrisons.
2. Escorting of persons held in prisons and other detention centers, carried out in the prescribed manner appropriate services and units of the Ministry of Internal Affairs.

Section IV. STAFF OF PROSECUTION

Article 56. Service in the Prosecutor's Office

1. Service in the Prosecutor's Office is a kind of public service. Prosecutors are civil servants performing duties in accordance with the requirements established by the Constitution of Turkmenistan, this Law and other legislative acts of Turkmenistan.
2. The legal status of prosecutors and their conditions of service are determined by the present Law and acts of the President of Turkmenistan. 3
. Labour relations prosecutors workers regulated by the legislation of Turkmenistan, the present Law and acts of the President of Turkmenistan.

Article 57. Requirements for appointment to the positions of prosecutors and investigators prosecutors

1. Prosecutors and investigators prosecutors are appointed by the citizens of Turkmenistan who have a law degree, possess the necessary professional and moral qualities, are able to health to perform their duties.

2. Those first appointed to the position of prosecutor (investigators), within ten days from the date of the appointment shall take the following oath:
«I (name and surname), entering into the position of prosecutor (investigator), I swear honestly and conscientiously perform their duties , to protect the rights and freedoms of citizens and the legally protected interests of society and the state, to exercise its powers, subject to the Constitution and the law, to be honest and fair, serve as an independent, permanently neutral homeland, the native people and the President of Turkmenistan. ". 3
. Prosecutors Vow (investigators) made on the board of the General Prosecutor's Office of Turkmenistan, the prosecutor's offices of provinces and cities with the rights of velayat to the State flag of Turkmenistan.
4. Those who have graduated from top law schools and have no professional experience, are in the Prosecutor's Office training for up to one year. The order of placement is determined by the Prosecutor General of Turkmenistan.
5. In the Prosecutor General of Turkmenistan, prosecutors, heads of prosecutor's provinces, cities with the rights of velayat, as well as the heads of prosecutors of districts and cities with the rights of etrap, military and specialized prosecutors are appointed by the person at least 25 years of age with at least five years of work experience in the prosecution bodies .

§ 58. Restrictions related to the work of the Prosecutor's Office

1. Prosecutors are not eligible:
1) engage in other paid activities, except for teaching and research activities;
2) to do business in person or by proxy;
3) used for non-official purposes of state property and proprietary information;
4) to use for personal use of citizens and legal persons services in connection with the performance of official duties.
2. The system of the prosecution is not allowed joint service or work of persons who are in close kinship or property (parents, spouses, brothers, sisters, sons, daughters, as well as parents, brothers, sisters and children of spouses), if their service or work related with direct subordination or controllability of one of them to another. 3
. Prosecutors can not simultaneously be members of elected and other bodies formed by state and local authorities.
4. Prosecutors and investigators may not be members of political parties and other public associations that pursue political goals.

Article 59. Powers of attorneys for the appointment and dismissal of prosecutors

1. Prosecutor General of Turkmenistan appoints and dismisses:

1) of the General Prosecutor of Turkmenistan - Head of departments, offices and departments and their deputies, senior prosecutors and prosecutors, senior assistant and assistant for supervision in certain areas and on special assignments, the senior investigators and investigators for particularly important cases, and as senior investigators and other employees;
2) in the prosecutor's offices of provinces and cities with the rights of velayat -nachalnikov main departments, departments and their deputies, senior assistant prosecutor, investigator for particularly important cases, and chief accountants;
3) in the prosecutor's offices of districts and cities, specialized prokuraturah- deputy prosecutors;
4) the military prosecutor - deputy military prosecutor, senior assistant, assistant, senior investigators and investigators.
2. Prosecutors of provinces and cities with the rights of velayat appoint and remove from office:
1) in the prosecutor's offices of provinces and cities with the rights of velayat be the highest prosecutors, prosecutors main divisions and departments, assistant prosecutor, senior investigators and other employees;
2) in the prosecutor's offices of districts and towns with the rights of districts and specialized prosecutor's offices - senior assistant, assistant prosecutor, senior investigators, investigators and other employees.

Article 60. Class ranks and other titles prosecutors

1. Prosecutors in accordance with the position, qualifications and work experience ranks and other titles.
2. The procedure for assignment of class ranks and other titles prosecutors and depriving them established in the Regulations approved by the President of Turkmenistan.

Article 61. Certification prosecutors

In order to determine whether the prosecutors to their positions, improve their skills, strengthening of discipline carried out certification in the Prosecutor's Office. Certifications are subject to employees having class ranks or holding positions, which provides assignment of class ranks. The procedure of certification established by the Prosecutor General of Turkmenistan.

Article 62. The business card prosecutors

1. Prosecutor General of Turkmenistan official identification established form is issued by the President of Turkmenistan.
2. Prosecutor General of Turkmenistan and the prosecutors of provinces and cities with the rights of velayat service certificates established form issued by the relevant prosecutors. 3
. The business card is a document confirming the identity of prosecutors, his class rank and position.

Article 63. Personal File prosecutors


1. In the General Prosecutor of Turkmenistan, the prosecutor's offices of provinces and cities with the rights of velayat is conducted for each employee a personal matter, which contains information about a specific employee, the passage of their service in the prosecutor's office, professional development.
2. prosecutors have the right to get acquainted with all the materials in his personal file, introduction to the work of their own personal explanation in writing. The procedure for keeping personal files of prosecutors by the General Prosecutor of Turkmenistan.

Article 64. A service uniforms

1. Prosecutors provided with free office outfit in accordance with the procedure established by the President of Turkmenistan.
2. In cases of prosecutors to participate in court proceedings, as well as in other cases, the official representative of the prosecution service wearing uniforms mandatory. 3
. Persons who have been dismissed from the prosecutor's office, having experience in the Prosecutor's Office at least 25 years, with the title - junior counselor of justice or a higher class rank are entitled to wear official uniforms. This provision shall not apply to persons who have been dismissed for misconduct, discrediting honor prosecutors, or deprived of their class rank.

Article 65. Translation prosecutors to work in the prosecutor's office the other body areas

1. Translation prosecutors in the interests of the service in the body of the prosecutor's office the other areas in accordance with the legislation of Turkmenistan.
2. Prosecutors, transferred to a permanent service in the body of the prosecutor's office the other areas, the cost of relocation and moving their families are reimbursed in full at the expense of the State budget.

Article 66. Promotion of prosecutors

1. For exemplary performance of official duties the employees, long and irreproachable service in the Prosecutor's Office, performing tasks of special importance and complexity, the following promotion:
1) announcement of gratitude;
2) rewarding gift;
3) early assignment of a class rank or assignment of a class rank at the next higher level;
4) awarded the badge "Honorary Worker of prosecution bodies of Turkmenistan."
2. The position of the badge "Honorary Worker of the prosecution of Turkmenistan" approved by the President of Turkmenistan. 3
. Particularly distinguished workers can be represented by assigning a class rank one step higher than the next, awarding state awards of Turkmenistan.

4. Prosecutor General of Turkmenistan can be used to encourage established by paragraphs 1 and 2 of this article, to persons who are not employees of the prosecutor's office, providing substantial assistance in strengthening the rule of law and improvement of the activities of the prosecution system in Turkmenistan.

Article 67. Disciplinary responsibility of prosecutors

1.
1) observation;: For non-performance or improper performance of the employees of their duties and misconduct, discrediting honor prosecutors, heads the prosecution in accordance with the labor legislation of Turkmenistan on them the following disciplinary sanctions may be imposed
2) reprimand;
3) severe reprimand;
4) transfer up to three months to a lower position;
5) dismissal of prosecutors.
2. Prosecutor General of Turkmenistan defines the powers of subordinate prosecutors to bring to disciplinary liability of employees who are appointed by the Prosecutor General of Turkmenistan. 3
. A disciplinary sanction shall be imposed immediately after the detection of the offense, but not later than one month from the date of its discovery. Not allowed the imposition of a disciplinary sanction during employee illness or during his stay in the labor holiday.
4. A disciplinary sanction may not be imposed later than six months from the date of commission of the offense, and the results of audits or inspections of financial and economic activity -dvuh years after its commission.
5. If the wrong actions prosecutors are not due to willful violation of the law or self-interest, their actions, which led to the acquittal, the return of the criminal case for additional investigation, the abolition of preventive measures and other procedural decisions by themselves do not entail the involvement of prosecutors to disciplinary action.

Article 68. The order of attraction of prosecutors and investigators in the criminal liability

1. Check messages about the facts of offenses committed by prosecutors or investigators of the prosecutor's office, as well as information about such facts received from other law enforcement agencies, prosecutors' offices made.
2. Excitation and investigation of criminal cases against prosecutors and investigators prosecutors is the exclusive competence of the prosecutor's office and in relation to persons appointed by the President of Turkmenistan, with the consent of the prosecutor-general, and in relation to others - with the consent of the superior prosecutor in accordance with the legislation of Turkmenistan.
3
. At the time of the criminal investigation initiated in respect of a prosecutor or investigator, they are removed from office.
4. If the violations of the law or committing crimes detention, compulsory process, a search of the prosecutor or investigator, inspection of their personal belongings or vehicles are produced with the participation of supervising prosecutors.

Article 69. Termination of employment in the prosecution service

1. Service in the Prosecutor's Office terminated the dismissal of prosecutors.
2. In addition to the grounds provided for by the legislation of Turkmenistan, prosecutors can be dismissed on the initiative of the head of the prosecuting authorities in cases of:
1) violation of the oath members of the prosecution;
2) of misconduct, discrediting honor prosecutors;
3) non-compliance with the restrictions associated with the service in the prosecutor's office;
4) the disclosure of information constituting a state or other secret protected by law.

Article 70. Guarantees for prosecutors, elected as a deputy of the Mejlis or appointed by the President of Turkmenistan

1. Prosecutors, the elected deputies of the Mejlis, or appointed to the position of President of Turkmenistan Act, the period of the respective powers of suspended service in the Prosecutor's Office. After the execution of powers of the deputy prosecutors at his request given the previously occupied position, and in the absence of such an opportunity - another equivalent post.
2. The period of performance of the authority in connection with the election of the deputy prosecutors of the Mejlis or his appointment as the President of Turkmenistan Act shall be included in the general seniority and length of service, entitling to the assignment of the next class rank.

Article 71. Restoration of prosecutors in office, class rank and the service of the Prosecutor's Office

1. Workers recognized in accordance with the legislation of Turkmenistan illegally dismissed illegally transferred to other positions or unlawfully deprived of their class rank, be restored to the same position and class rank, or, with their consent, appointment to an equivalent post.
2. Time forced absence worker recovered in the service of the Prosecutor's Office, is included in the total length of service, which is right next to the assignment of a class rank.

Article 72. Professional Development prosecutors


1. In order to improve the professional skills of prosecutors, their compliance with the requirements in accordance with their duties, and flawless execution of tasks of the prosecution authorities, the General Prosecutor of Turkmenistan and in educational institutions for them a system of lifelong learning and professional development. It includes individual and group training in special plans, training in higher prosecution bodies.
2. Professional development is the official duty of prosecutors and investigators. Attitude to study and improve the professional level is taken into account in evaluating and addressing issues of compliance with the prosecutor or investigator's position, his encouragement and promotion.

Article 73. Legal protection of prosecutors

1. Prosecutors, who are representatives of the government, in the performance of official duties shall be inviolable and shall be under the special protection of the state. Protection of life, health, honor and dignity, property, prosecutors and members of their families from criminal attacks and other illegal actions guaranteed by the legislation of Turkmenistan.
2. Life and health of prosecutors are subject to mandatory state insurance at the expense of the corresponding budget. 3
. Insurance prosecutors and damages, payment of a lump sum in case of death or injury during the performance of their duties are carried out in accordance with the law.
4. The damage caused to the property of the prosecutors and their families in connection with official duties shall be compensated in full the perpetrator or the state - with subsequent recovery of the amount of damage from guilty persons.

Article 74. Financial support prosecutors

1. Salaries for prosecutors consists of salary, bonuses for ranks and seniority in the Prosecutor's Office. Dimensions salaries and additional payments for class ranks are determined by the Cabinet of Ministers of Turkmenistan.
2. Prosecutors, depending on the salary and additional payments for class ranks, taking into account seniority additional payouts are assigned to the Prosecutor's Office:
1 to 2 years - 5 percent;
2 to 5 years - 10 percent;
From 5 to 10 years - 20 percent;
10 to 15 years - 25 percent;
15 to 20 years - 30 percent;
20 to 25 years - 35 percent;
Over 25 years - 40 percent.

Article 75. Guarantees and compensation for the prosecution to employees


1. The employees of the prosecution in connection with moving to another job or change locations of the prosecutor's offices are established the following fees associated with moving to a new residence:
1) compensation for transport costs and costs associated with removal of household goods the worker and his family members ;
2) daily costs associated with being in the way prosecutors and members of his family;
3) pay for the days associated with the preparation and arrangement of the road at the new place of residence, but not more than six days, and pay for the time spent in his way;
4) the lump sum paid to an employee of the prosecution authorities, and each subsequent family member with him.
The size of these payments and the order of their payment shall be established by normative legal acts of Turkmenistan.
2. The employees of the prosecution, sent on business trips, travel expenses shall be reimbursed in the amount and procedure established by normative legal acts of Turkmenistan.

Article 76. Social security and guarantees for prosecutors

1. The State shall guarantee social protection for the prosecution of workers.
2. Have reached the retirement age of employees working in the Prosecutor's Office in the office of the prosecutor or investigator, the life in the Prosecutor's Office, taking into account their work experience, work performance and health status may be extended. 3
. The order and the size of pension prosecutors and members of their families established by the legislation of Turkmenistan.
4. In carrying out their duties the prosecutor's office workers have the right to free access to all types of urban, suburban public transport and free transport Public local traffic (except taxis).
5. The employees of the prosecution at the direction on official business shall enjoy the right of extraordinary purchase tickets for all modes of transport, as well as priority placement in hotels.
6. the prosecutor's office employees are provided the living quarters in the order defined by the legislation of Turkmenistan.
7. Local executive authorities must, as a priority to allocate well-appointed office accommodation prosecutors in need of better housing conditions, while their appointment - for six months.
8. In accordance with the legislation of Turkmenistan, the spouse (spouse) of the employee Prosecutor's Office, translated for the continuation of duty to another place, employ local executive bodies.

9. prosecutors Employees are entitled to primary residential installation phones, receiving land plots for individual housing construction and gardening.
10. prosecutors workers due to retirement (if the length of their work in the prosecutor's office is more than 20 years) and living with them family members, regardless of housing supplies have benefits in the amount of fifty percent of the payment of living space and social services ( utility bills, payment of electricity, water and gas).
11. Not to be evicted from the official premises without providing alternative accommodation prosecutors who have worked in the prosecutor's office for ten years and more, as well as family members of the dead prosecutors.
12. In case of death of the prosecutor's office employee during the performance of official duties of the family of the deceased shall retain the right to obtain the living space. The living area in this case must be given within six months from the date of death of the employee Prosecutor's Office.
13. In connection with the prosecutors to retire (if his experience in the Prosecutor's Office over 20 years old) for one year from the date of submission of the application to improve its living conditions, in any area of ​​Turkmenistan, at his choice, for his permanent home available living room.
14. President of Turkmenistan, the Cabinet of Ministers of Turkmenistan, bodies of local executive power bodies prosecutors can be installed and other guarantees of social protection, not provided for in this Act.

Section V. OTHER MATTERS OF THE PROSECUTOR'S OFFICE OF ACTIVITIES

Article 77. Scientific and other prosecutors offices

1. General Prosecutor of Turkmenistan may establish institutions to improve the skills of prosecutors and to produce special editions.
2. In accordance with the law in the conduct of the General Prosecutor's Office may be other institutions necessary for the implementation of its functions.

Article 78. Funding and logistical support of the prosecution

1. Funding and logistical support to the prosecution carried out at the expense of the State budget.
2. Bodies of local executive authorities should ensure that the prosecuting authorities, within their territories, the respective premises. 3
. The prosecuting authorities are provided with transport and technical facilities in a centralized manner determined by the Cabinet of Ministers of Turkmenistan.

Article 79. The costs of the prosecution


The costs of paying the average wage, travel and hiring of premises to persons caused prosecutors experts, interpreters and other professionals involved for running errands prosecutors, paid from the state budget of Turkmenistan. The procedure for allocation of funds for these purposes prosecuting authorities and their sizes are determined by the Cabinet of Ministers of Turkmenistan.

Article 80 Printing prosecutors

General Prosecutor's Office and her subordinate prosecutors have a seal with the State Emblem of Turkmenistan and its name in the official language.
Section VI. Liability for obstructing the legitimate activities of the prosecutor, FAILURE OF ITS REQUIREMENTS

Article 81. Responsibility for obstructing the legitimate activities of the prosecutor, the failure of its requirements

1. Performance requirements of the prosecutor, based on the legislation of Turkmenistan, in accordance with this Act vested in him the authority to supervise, is mandatory for all enterprises, institutions, organizations, officials and citizens, whom they are addressed, it is not allowed and obstruction of their powers.
2. Failure to comply with the legitimate demands of the prosecutor or impeding its lawful activities punishable by the legislation of Turkmenistan.

Article 82. Entry into force of this Act

1. This Law shall enter into force on 1 January 2016.
2. The Cabinet of Ministers before the entry into force of this Act to develop and adopt appropriate legal acts.


President Gurbanguly Berdimuhamedov of Turkmenistan



Mountains. Ashgabat
21 November 2015
number 305-V.