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On Public Associations

Original Language Title: Об общественных объединениях

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The present law on public associations in accordance with the Constitution of Turkmenistan aimed at the realization of the right of citizens to the creation of public associations and defines the institutional and legal bases for their activities, as well as regulates social relations emerging in this field.
 
Chapter i. General provisions article 1. The notion of a public association is a public association is a voluntary, self-governing, non-profit organization, created at the initiative of citizens coming together on the basis of common interests for the realization of common goals, documented in the Charter of the public association.
 
Article 2. The legislation of Turkmenistan on public associations 1. The legislation of Turkmenistan on public associations is based on the Constitution of Turkmenistan, the universally recognized principles and norms of international law and consists of this law and other normative legal acts of Turkmenistan.
2. If an international dogovorom of Turkmenistan stipulates other rules than those provided for in this Act, the rules of the international treaty shall apply.
 
Article 3. The scope of this law 1. This law shall apply to associations, created at the initiative of citizens, except for religious organizations as well as non-commercial unions (associations) generated by commercial organizations.
2. This law shall apply also to the activity of structural subdivisions-organizations offices (branches) and missions-international and foreign public associations established on the territory of Turkmenistan.
3. Features associated with creation, activity, reorganization and liquidation of separate types of public associations are regulated by special laws. The activities of such public associations before the enactment of special laws is regulated by this law.
 
Article 4. The right of citizens to the creation of public associations 1. The right of citizens to the creation of public associations is implemented either directly by uniting individuals, and through the legal entities-public associations.
2. in cases provided by the present law, the composition of the founders, along with citizens of Turkmenistan may include foreign citizens and stateless persons residing in Turkmenistan.
3. Citizens ' right of association includes the right to establish associations for the protection of common interests and achieve common goals, the right to join existing public associations or to refrain from joining them, as well as the right to withdraw from the public associations.
4. Citizens have the right to establish public associations of their choice without prior authorization from public authorities and local self-government, as well as the right to join such associations, subject to the provisions of their charters.
 
Article 5. State and public associations 1. The State ensures respect for the rights and legitimate interests of voluntary associations, provides support in their activities legally regulates the provision of tax and other privileges and benefits.
2. it is not allowed to State interference in the activities of public associations and of public associations in the Affairs of the State, imposing the functions of State institutions on public associations, except in the cases prescribed by this Act.
3. Public associations can cooperate and interact with State bodies, concluding agreements with them, and under agreements with State bodies to carry out some work for them.
4. Matters affecting the interests of voluntary associations, in the cases stipulated by the legislation of Turkmenistan shall be resolved by the State bodies with the participation of public associations or in agreement with them.
5. Workers in the apparatus of public associations covered by labour legislation of Turkmenistan and Turkmen legislation on social protection of population.
 
Article 6. The purpose of the establishment and activity of public associations 1. Public associations are established and operate in the following order: 1) realization and protection of civil, political, economic, social and cultural rights and freedoms of citizens;
2) development initiatives and performances of nationals;
3) development of scientific, technical and artistic creativity;  
4) public health;
5) participation in charity;
6) conducting cultural and educational, athletic and recreational and sports work;
7) for the conservation of nature, monuments of history and culture;
8) patriotic and humanist education, as well as the preservation of national traditions;
9) the expansion of international relations, the strengthening of peace and friendship between peoples;
10) other activities not prohibited by law.
2. public associations can promote its activities to the public authorities in the implementation of socially significant as well as socially useful goals and objectives.
 
Article 7. Restrictions on the establishment and activity of public associations

1. establishment and activities of public associations that aim at changing the constitutional system, harming the security of the State, permitting violence in its activities, acting against constitutional rights and freedoms of citizens, propagandizing war, racial, national, religious hatred, threatening health and morals of citizens, as well as engaging in extremist activities are prohibited.
2. Unregistered activities of public associations on the territory of Turkmenistan shall be prohibited.
 
Article 8. Principles of creation and activity of public associations 1. Public associations are established and operate on the basis of the principles of voluntariness, equality, self-government, legality and openness.
2. public associations are free to define their objectives, forms and methods of activity, as well as its internal structure.
3. citizen participation or non-participation in the activities of a public association cannot serve as a basis for restricting human rights and freedoms or granting him benefits.
4. The activities of public associations must be open, and information on their statutory and policy documents are publicly available.
 
Article 9.  Types of public associations 1. In Turkmenistan are established and operate international, national, regional and local associations.
2. A public association, created in Turkmenistan, accepted international if, in accordance with its statute in foreign States is created and operates at least one its Department-Organization, branch (branch) Office.
3. National public associations are associations whose activities are in accordance with the statutory goals, are spread throughout the territory of Turkmenistan.
4. international and national associations can be created if there are at least 50 and 400 members respectively.
5. Territorial associations include the Association offices, branches or representative offices on the territory of several administrative-territorial units.
6. Local public associations are associations whose activities, in accordance with their statutes apply to the territory of one of the administrative-territorial unit.
 
Article 10. International and foreign public associations in Turkmenistan 1. In Turkmenistan can be created and operate subdivisions-organization offices (branches) and representation-international and foreign NGOs.
2. Structural subdivisions, branches (branches) and representation-international and foreign public associations in their activities shall be governed by the statutes of the latter, if they do not contradict the legislation of Turkmenistan and the international treaties of Turkmenistan.
 
Article 11. The founders and members of public associations 1. The founders of the public association can be individuals who have attained the age of eighteen, as well as legal entities-public associations.
  In accordance with the legislation of Turkmenistan joined the founders and members of the public association, together with the above-mentioned persons may include legal entities of Turkmenistan.
2. The founders of child public association together with the persons referred to in paragraph 1 of this article may be citizens who have reached the age of sixteen.
3. Youth admits public association of citizens who have reached the age of fourteen years.
4. Child admits public association of citizens who have reached the age of eight years.
5. the members of the public association may be natural persons as well as legal entities-public associations.
6. members of the public associations have the right to elect and be elected to the governing and controlling bodies of the audit of the Association, as well as to monitor the activities of the governing bodies of the public association in accordance with its Statute.
7. the members of the public association have rights and bear responsibilities in accordance with the requirements of the provisions of the Charter of the public association and in case of failure to comply with these requirements can be excluded from the public association in the manner provided for in its Statute.
8. the conditions and procedure for the acquisition and loss of membership, including the retirement of members of public associations on the basis of age, determined by the statutes of the respective associations.
9. the founders and members of the public association shall enjoy equal rights and bear the same responsibilities.
 
 
CHAPTER II. Organizational-legal forms of PUBLIC ASSOCIATIONS, article 12. Organizational-legal forms of public associations 1. In Turkmenistan can be created associations in one of the following legal forms: 1) public organization;
2) social movement;
3) public fund;
4) body of public initiative.
2. public associations shall have the right to voluntary join unions (associations) of public associations which are formed, operate and stop their activities in the manner determined by law.
 
Article 13. Public organization

1. A public organization is a membership-based Association, created on the basis of joint activities to protect the general interest and the achievement of the goals United citizens.
2. the members of a social organization in accordance with its Charter may be individuals or legal entities-public associations, unless otherwise stipulated by this law, as well as the legislation of Turkmenistan on separate types of public associations.
3. the Supreme management body of a public organization is the Congress (Conference) or general meeting. The permanent management body of a public organization is an elective collegiate body reporting to the Congress (Conference) or the General Assembly.
 
Article 14. Social movement 1. Public movement is composed of participants and has no mass membership association, with social, political and other public benefit goals supported by participants in the social movement.
2. the Supreme management body of a public movement is the Congress (Conference) or general meeting. The permanent management body of a public movement is an elective collegiate body reporting to the Congress (Conference) or the General Assembly.
 
Article 15. Public fund 1. The Community Foundation is a type of non-profit foundations and is not having a membership association whose purpose is to create a property on the basis of voluntary contributions, other illegal legislation of Turkmenistan proceeds and use of the property for public benefit goals. The founders and managers of public fund assets may not use the property for its own benefit.
2. the governing body of the Foundation is formed by its founders and (or) by a decision of the founders of the public fund, taken in the form of recommendations or personal appointments or by election participants at the Congress (Conference) or general meeting.
 
Article 16. Body of public initiative 1. Body of public initiative is having no membership association whose purpose is the joint address various social problems of citizens on place of residence, work or study, aimed at meeting the needs of individuals whose interests are linked to the achievement of the goals and programmes of the authority of public performances at the place of its creation.
2. Body of public initiative is formed on the initiative of citizens and builds its work on the basis of self-government in accordance with the Charter, adopted at the meeting of the founders.
3. Body of public initiative has no parent bodies or organizations.
 
Article 17. Unions of public associations, public associations irrespective of their legal form may create unions of public associations on the basis of the founding treaties and (or) the statutes adopted by the unions (associations), forming new associations. The legal capacity of unions (associations) of public associations as legal persons arises from the moment of their State registration.
 
CHAPTER III. Article 18 ESTABLISHMENT OF PUBLIC ASSOCIATIONS. How to create public associations 1. Public associations are established on the initiative of their founders, and of which may not be less than five people.
2. Decision on the establishment of a public association, approval of its Charter and forming governing and control and audit bodies are accepted at the Congress (Conference) or general meeting.
3. the legal capacity of the public association as a legal entity arises from the moment of State registration in the Ministry of Adalat Turkmenistan and entering data in the unified State Register of legal entities.
 
Article 19. The public association's statutes 1. Organization and structure of public associations are regulated by the Charter.
2. The Statute should provide for: 1) the name, goals, objectives of the Association, its organizational-legal form;
2) structure of the Association, its leadership and control and audit bodies;
3) the territory within which the Association operates;
4) the conditions and procedure for the acquisition and loss of membership in public Association (Association, whose Charter provides for membership), the rights and obligations of the members and participants of the Association;
5) competence and the procedure for the formation of the governing bodies of the Association, their terms of Office;
6) location of a permanent governing body;
7) appointment governing body meetings and decision-making;
8) sources of money and other property of the public association, rights public association and its structural subdivisions of asset management;
9) procedure for introducing amendments and additions to the Charter of the public association;
10) procedure for reorganization and liquidation of a public association, as well as the allocation of assets remaining after the liquidation of the public association.
3. For public funds, in addition to the information indicated in paragraph 2 of this article, the Statute should provide for: 1) minimum size and kind donations;
2) guidance on the use of funds.

4. A public association's statutes may contain other provisions concerning the activities of public associations, which do not contradict the legislation of Turkmenistan.
 
Article 20. State registration of public associations 1. State registration (hereinafter registration) voluntary associations are registered by the Ministry of Adalat in the order established by the legislation of Turkmenistan.
2. public associations shall be included in the unified State Register of legal persons in the manner prescribed by the legislation of Turkmenistan.
3. For the purposes of the registration of a public association the following documents: 1) a statement, signed by all the founders and members of the governing body of the public association, with their last name, first name, patronymic;  
2) Charter of public association two copies;
3) Protocol constituent session (Conference) or General Assembly that contains information about the creation of a public association, approval of its Charter and forming governing and control and audit bodies;
4) information about founders;
5) document on payment of the registration fee;
6) paper on the provision of a public association the legal address.
4. For the purposes of the registration of the international public association, in addition to the international public association, created in Turkmenistan, in addition to the documents listed in part 3 of this article, you need a document confirming outside Turkmenistan its structural subdivision-organization offices (branches), representation.
5. when registering on the territory of Turkmenistan of structural subdivisions of foreign public associations must also be representation in the established order the notary certified copies of constituent documents of the main public association, established in the territory of a foreign State.
6. The documents shall be submitted for registration within one month from the date of the constituent session (Conference) or general meeting of the public association.
7. Registration of public associations is made within twenty-five calendar days from the moment of submission of the documents listed in this article.
8. Changes and amendments to the statutes of public associations, as well as a change in the facts that are subject to registration shall be recorded in the same order and at the same time, the associations, and shall be effective from the moment of registration.
9. For the registration of a public association, subsequent changes and additions to the statutes shall be charged registration fees in the manner and amount prescribed by the legislation of Turkmenistan.
10. registration of children's public associations is carried out after the election in their governing bodies, at least one citizen who has reached the age of majority.
 
Article 21. The State Register of public associations 1. Ministry of Adalat Turkmenistan is conducting the State Register of public associations, including data about them and issues certificates of registration.
2. Records of registration of a public association and on amendments and additions introduced to the Charter of the public association shall be the Ministry of Adalat in the State Register of public associations in the manner prescribed by this law and other normative legal acts of Turkmenistan.
 
Article 22. The refusal in registration of the public association 1. A public association may be denied registration if: 1) public association Charter contradicts the Constitution of Turkmenistan, the provisions of this law and other normative legal acts of Turkmenistan;
2) previously registered public association of the same name on the territory within which the Association operates;
3) not present a full list of constituent documents or they are not in a proper manner;
4) found that submitted for registration founding documents contain deliberately false information;
5) the name of the public association insults morals, national and religious feelings of citizens;
6) one of the founders of the public association is recognized incapable by court or convicted for committing grave crimes, and if it has not been cancelled or withdrawn in accordance with the law.
2. In case of refusal of registration of a public association is reported to the applicant in writing, with an indication of the grounds for refusal of registration.
3. the refusal in registration of the public association is not an obstacle for submitting documents for registration under condition of elimination of reasons that caused the failure.
4. consideration of hitting and making decisions thereon shall be made in the manner provided by this Act.
 
Article 23. Appeal against the refusal to register the public association the decision on refusal of registration of a public association can be appealed in court.
 
Article 24. The name and symbols of public associations

1. the name of the public association must contain an indication of its organizational-legal form and the nature of the activity. The name of the organizational structure of the public association must contain an indication of the name of the public association, of which it is the structural subdivision.
2. Public associations can have flags and other symbols.
3. the symbolism of public associations should not coincide with national symbols of Turkmenistan, as well as symbols of foreign States and international organizations.
4. the symbolism of public associations may not serve the promotion of the purposes set forth in the first paragraph of article 7 of this law.
5. Symbols of a public association is established by the Congress (Conference) or general meeting and shall be endorsed in the manner prescribed by the legislation of Turkmenistan.
 
Article 25. Procedure for reorganization of public associations 1. The reorganization of the public association shall be by decision of the supreme body of the public association.
2. registration of reorganized public associations is carried out in the manner prescribed by the present law.
 
CHAPTER IV. Rights and duties of PUBLIC ASSOCIATIONS, article 26. Rights of public associations 1. For the implementation of statutory objectives public associations have the right to: 1) freely disseminate information on its activities;
2) to participate in the decision-making organs of State power and local self-government in accordance with the procedure stipulated by this law and other normative legal acts of Turkmenistan;
3) to hold meetings, rallies, demonstrations, in the manner prescribed by the legislation of Turkmenistan;
4) to establish mass media and perform publishing activities, in accordance with the legislation of Turkmenistan;
5) represent and defend their rights, rights and legal interests of its members and participants, as well as other citizens in the bodies of State power and local self-government;
6) initiatives on public life, make suggestions to organs of public authority;
7) engage in business activities in the order established by this law;
8) to participate in the election in the manner prescribed by the legislation of Turkmenistan.
2. Public associations can cooperate with international NGOs, support international contacts and links, as well as in the manner prescribed by the legislation of Turkmenistan, conclude relevant agreements.
3. In accordance with the legislation of Turkmenistan associations may have other rights.
 
Article 27. Duties of public associations, public associations are obliged to: 1) comply with the legislation of Turkmenistan, the universally recognized principles and norms of international law and the provisions of their charters and other founding documents;
2) within the prescribed time limits to submit information to the Ministry of Adalat Turkmenistan on its activities, with an indication of the actual location of the permanent governing body, its name and the leaders of the public association within the scope of information included in the unified State Register of legal persons;
3 on request) to the Ministry of Adalat Turkmenistan decisions of governing bodies and officials of the public association, as well as reports on their activities in the amount of information provided to the tax authorities and the Pension Fund of Turkmenistan;
4) represent the Ministry of Adalat Turkmenistan information on changes and additions to their statutes and changes of facts, which are subject to registration;
5) register in the Ministry of Adalat Turkmenistan grant projects and programs of foreign technical, financial, humanitarian assistance and grants, as well as provide milestone and final reports on the implementation of projects, programs and data on the use of grants;
6) maintain accounting, submit statistical reports, produce taxes and pay pension contributions for State pension insurance in the manner prescribed by the legislation of Turkmenistan.
 
Chapter v. PROPERTY of PUBLIC ASSOCIATIONS, PROPERTY MANAGEMENT, article 28. Property of public associations 1. Associations may own buildings, structures, facilities, housing, transportation, equipment, inventory, property for cultural, educational and sanative purposes, money, stocks, other securities and other property necessary for the material support of activity defined in their charters. In order to ensure State security and public safety laws or international treaties to which Turkmenistan is a party may be determined by the types of property owners which cannot be voluntary associations.
2. The property of public associations may also be institutions, publishers, the media created and purchased at the expense of its own funds, in accordance with their statutory goals.
3. organizational structure of the public association has the right to dispose of the property of the public association within the limits set by the Charter of the public association.

4. organizational structure of the public association are members assigned with the rights of a legal person, have a separate balance and current (settlement) account, and may have other accounts in banks and credit institutions.
5. the property of a public association is protected by law.
 
Article 29. Sources of financing of public associations 1. The main sources of funding of the activities of public associations can be: 1) admission and membership fees (if their payment is stipulated in the Charter of the public association);
2) income from ongoing statutory purposes of lectures, exhibitions, lotteries, auctions, sporting and other events;
3) income from business activities, civil-legal transactions;
4) financing and proceeds in the manner prescribed by the legislation of Turkmenistan, from legal persons, including foreign non-profit and budget organizations (in the form of grants);
5) donations;
6) other sources not prohibited by the legislation of Turkmenistan.
2. Money and other property of a public association may not be redistributed among the members of this public association and are used only for authorized purposes and tasks.
3. you are allowed to use the public association its funds for charitable purposes.
4. A public association is not responsible for the obligations of its members.
5. the members of the public association shall not be liable for the obligations of a public association.
 
Article 30. The entrepreneurial activity of public associations 1. To achieve the statutory objectives of public associations in accordance with the legislation of Turkmenistan can conduct business. The income from this activity should only be used to achieve the statutory objectives.
2. Public associations can create businesses, as well as acquire property, designed for business.
3. Income from business activities of public associations are subject to taxation and pension contributions in accordance with the legislation of Turkmenistan.
4. Income from business activity of public associations cannot be redistributed among the members of these associations.  
 
CHAPTER VI. SUPERVISION OVER the ACTIVITIES OF PUBLIC ASSOCIATIONS, article 31. Supervision of compliance with the legislation of Turkmenistan associations supervision over exact and uniform compliance with the voluntary associations of laws and other regulatory legal acts of Turkmenistan conducts the General Prosecutor of Turkmenistan and his prosecutors.
 
Article 32. Monitoring of the compliance of the activities of public associations legislation of Turkmenistan and their constituent instruments 1. Monitoring of the compliance of the activities of public associations of the Constitution of Turkmenistan, other normative legal acts of Turkmenistan and their constituent instruments of Turkmenistan Ministry of Adalat.
2. Ministry of Adalat in Turkmenistan have the right to: 1) request the governing bodies of public associations in the constituent documents;
2) to send their representatives to participate in the activities of public associations;
3) receive clarification from members of the public association and other citizens on issues related to compliance with the Charter.
3. In the event of violations of the legislation of Turkmenistan public associations or committing actions contrary to their statutory goals, Ministry of Adalat Turkmenistan may order them a written warning.
4. If a public association within a year was made more than two written warnings about elimination of infringements, as well as the failure to provide them in the course of the year the Ministry of Adalat Turkmenistan information subject to registration, or public association mainly engaged in entrepreneurial activities and does not implement the objectives envisaged by the Charter, the Ministry may submit to the Court a statement on liquidation of the public association.
5. The public association within the prescribed time limits is the Ministry of Adalat Turkmenistan: 1) information on the continuation of its activities, with an indication of the location of the governing body;
2) lists the members of the elected bodies of the public association, indicating name, surname, date of birth, nationality, address, place of residence, place of work (study);
3) information on the number of public association, its organizational structures;
4) information about activities carried out by the public association.
6. Ministry of Adalat in the order established by the legislation of Turkmenistan, is the authorized State body on counteraction to legalization of criminal proceeds and terrorism financing information on grant projects and programs of foreign technical, financial, humanitarian assistance and grants if their sum is greater than the size of a fixed amount or is not specific to the activities of a public association, receiving this assistance.
 
Article 33. Supervision of the activity of public associations

1. Oversee the associations existing norms can implement environmental, fire, sanitary-and-epidemiologic and other authorized bodies of State oversight.
2. supervision of financial-economic activities of public associations are implementing financial and fiscal authorities within the limits of their competence.
 
CHAPTER VII. SUSPENSION, termination and liquidation of PUBLIC ASSOCIATIONS ACTIVITIES Article 34. The suspension of the activities of public associations 1. The activities of public associations may be suspended for a period of up to six months by decision of the Court on the application of the Ministry of Adalat in the event of a breach of the requirements of the Constitution and laws of Turkmenistan, as well as the provisions of their statutes, if a public association Ministry of Adalat Turkmenistan was issued a written reprimand and public association within the deadlines do not resolve violations giving rise to the issuance of a written warning or not reported his removal with supporting documents.
2. In case of suspension of the activity of the public association for the term established by the decision of the Court, public association are prohibited from any activity except for activities aimed at addressing the violations giving rise to the suspension of the activities.
3. If during the period of suspension of the activities of the public association the violations giving rise to the suspension of its activities will be eliminated at the end of the prescribed period, the Association renews its activities and reports addressing these violations with supporting documents to the Ministry of Adalat.
4. In the case of a public association during the revealed violations within specified time limits, the Ministry of Adalat Turkmenistan submits to the Court a statement of their elimination.
 
Article 35. The termination of activity of public associations of the cessation of activities of a public association shall be by decision of the Congress (Conference) or general meeting, in accordance with the Charter of the public association.
 
Article 36. Liquidation of the public association 1. Public association can be liquidated by a court decision in cases of: 1) violation of the requirements of the first paragraph of article 7 of this law;
2) violations of the public association the Turkmenistan legislation in force and/or their constituent documents within one year after the issuance of a written warning or during the violations giving rise to the suspension of the activities of the public association within the term set by a court decision;
3) if registration of a public association by its founders were violated this law and (or) other regulatory legal acts of Turkmenistan that are fatal;
4) failure to provide within one year information on changes and amendments in the Charter, as well as changes of facts, which are subject to registration and entering into the unified State registry of legal persons;
5) violations of citizens ' rights and freedoms.
2. A public association can be liquidated by a decision of the Court of Justice for violation of the legislation of Turkmenistan, the requirements for the implementation of projects and grant programs of foreign technical, financial, humanitarian assistance and the use of grants.
3. Application to the Court to liquidate the public association on grounds specified in paragraphs one and two of this article, shall be paid by the Ministry of Adalat.
4. the liquidation of a public association is carried out in accordance with the legislation of Turkmenistan.
5. Information on the disposition of the public associations shall be published.
6. the decision on the liquidation of the public association shall be forwarded to the authority which conducts the uniform State Register of legal persons, for the exclusion of specified associations from this roster.
 
Article 37. Appeal against a decision to suspend activities or the liquidation of the public association 1. The decision to suspend activities or the liquidation of the public association can be appealed in the manner prescribed by the legislation of Turkmenistan.
2. Cancellation of the decision on suspension of activities or the liquidation of the public association leads State reimbursement of all losses incurred by the Association in connection with the illegal suspension of its activities or its liquidation.
 
CHAPTER VIII. RESPONSIBILITY for VIOLATION of LEGISLATION of TURKMENISTAN Article 38. Responsibility for violation of the law of Turkmenistan on public associations violating the legislation of Turkmenistan on public associations shall incur liability in the manner prescribed by normative legal acts of Turkmenistan.
 
 
Article 39. The responsibility of the public association for violating the legislation of Turkmenistan public association in the event of infringement of the legislation of Turkmenistan is responsible in accordance with the legislation of Turkmenistan.
 
CHAPTER IX. FINAL PROVISIONS Article 40. The entry into force of this Act

This law shall enter into force on the day of its official publication.
 
Article 41. Final provisions 1. Charters and other founding documents of associations, created before the entry into force of this Law shall be subject to adjustment in accordance with the present law.
2. Null and void: 1) the law of Turkmenistan from October 21, 2003 year "on public associations" (records of the Mejlis of Turkmenistan, 2003, no. 4, p. 35);  
2) part x of the Act of Turkmenistan on July 2, 2009 year "O the introduction of amendments and additions to some legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2009 г., no. 3, p. 45).
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat May 3, 2014 year no. 70-V.