On Combating Corruption

Original Language Title: О противодействии коррупции

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On combating corruption this Act determines the main principles of counteraction of corruption, legal and organizational basis for combating it, its prevention, eliminate the causes and conditions contributing to the perpetration of offences related to corruption and the Elimination of their consequences.
 
 
Chapter 1. General provisions Article 1. Aims and directions of combating corruption 1. Combating corruption is carried out with a view to preventing, detecting, suppressing and detecting offences related to corruption, eliminate their effects and to bring the perpetrators to justice and aims to protect citizens ' rights and freedoms from threats arising from acts of corruption, to ensure national security, efficient Government, as well as persons performing public service tasks and persons assimilated thereto, (hereinafter referred to as "public servants).
2. the present law aims to secure stability and security in the community, expanding democracy, transparency and control in the public administration, to strengthen public confidence in the State and its structures, promotion specialists with competence, to enter the public service, strengthening guarantees of the integrity of public servants.
 
Article 2. The legal framework for combating corruption 1. The legal basis for combating corruption are the Constitution of Turkmenistan, this Act adopted on the basis thereof and other normative legal acts of Turkmenistan.
2. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by this law, the rules of the international treaty shall apply.
 
Article 3. The basic concepts used in this law for the purposes of this Act, the following basic concepts are used: 1) corruption-receiving, directly or indirectly, by public servants for himself or for a third party benefit in the form of money, securities, or other property or proprietary nature of services, property rights, using their official authority or related abilities, as well as bribery of those persons by illicit granted such benefits to other individuals as well as committing said acts on behalf of or for the benefit of a legal person;
2) an offence relating to corruption is an offence under this Act or other laws of Turkmenistan, adjoint of corruption or creating conditions for corruption, which resulted in the benefits obtained, and which gave rise to criminal, administrative or disciplinary responsibility, established by the legislation of Turkmenistan;
3) control functions of public bodies-functions carried out by the public authorities to ensure compliance with laws, identify and eliminate the causes and conditions of their violations, restoration of the violated rights of citizens and legal persons, verification of accurate and uniform compliance with the normative legal acts of Turkmenistan and the fulfilment of the mandatory requirements specified acts in accordance with the legislation of Turkmenistan;
4) combating corruption-the activities of government bodies, local government bodies, civil society organizations, persons and entities within their spheres of competence, aimed at the identification, prevention, suppression, detection and investigation of corruption related offences;
5) prevention of corruption activities of bodies and persons referred to in paragraph 4 of this article, aimed at the prevention of corruption, including the identification and elimination of causes and conditions contributing to the perpetration of offences related to corruption;
6) combating corruption-the activities of bodies and persons referred to in paragraph 4 of this article, aimed at combating corruption and its prevention, as well as the reduction and elimination of the consequences of offences related to corruption;
7) conflict of interest is a situation in which personal interest (direct or indirect) public servant affects or may affect the proper performance of official (service) duties and which arises or may arise from the conflict between personal interest of the public servant and the rights and legitimate interests of citizens, the State or society that can lead to offences related to corruption, or harm the rights and legitimate interests of citizens , State or society;
8) personal interest of the public servant is the possibility of obtaining a public servant in the performance of official (service) duties benefits in the form of money, securities, other assets, or services of property nature, other property rights for itself or for third parties, which affects or may affect the proper performance of official (service) duties.
 
Article 4. Basic principles of counteraction of corruption combating corruption in Turkmenistan is based on the following basic principles: 1) recognition and protection of the rights and freedoms for protection against corruption;
2) priority to protection of the rights and legitimate interests of individuals and legal entities;
3) equality of all before the law and the courts;
4) guarantees the inviolability of individuals assisting in the fight against corruption;

5) independence of State bodies performing control functions and their subordination only to the law;
6) ensuring transparency and openness of the proceedings of public authorities, controlling it by society and the State;
7) priority application of measures for the prevention of corruption;
8) inevitability of responsibility for corruption-related offences;
9) complex political, legal, institutional, outreach, socio-economic and other measures;
10) admissibility in accordance with laws restricting the rights of public servants, as well as the application of control measures to prevent the legalization of their money or other property acquired in a manner prohibited by law;
11) reinstatement of the rights and legitimate interests of natural or legal persons affected offences related to corruption, prevention, reduction and elimination of their harmful effects;
12) cooperation of State bodies, bodies of local self-government with civil society, individuals and legal entities, as well as international organizations.
13) State protection of the rights and legitimate interests of civil servants, the establishment of a public servant wages (salaries) and benefits, providing them and their families a decent standard of living;
14) the right of a public servant to appeal in court in case of disagreement involving liability on the grounds provided for in this Act.
 
Article 5. The scope of this law this law is valid on the whole territory of Turkmenistan with respect to all physical and legal persons. Outside Turkmenistan, this Act applies in respect of Turkmen citizens and legal entities registered in Turkmenistan, unless otherwise stipulated by an international treaty to which Turkmenistan is a party.
 
Article 6. Subjects of corruption-related offences 1. For offences involving corruption, public servants have a responsibility under this Act.
2. Civil servants are equal citizens, elected at the regional, district, and city Halk maslahaty, the Gengeshi, registered as candidates for public office in the manner prescribed by the legislation of Turkmenistan, as well as persons performing organizational and regulatory, administrative or control and audit functions in enterprises and organizations, in the authorized Fund of a State shall not be less than twenty-five per cent.
3. To offences involving corruption are also natural or legal persons engaged in bribery of public officials, as well as unlawfully granting them the property benefits and advantages.
 
Article 7. Public authorities engaged in combating corruption 1. The fight against corruption within its field of competence, are obliged to keep all government authorities and their officials.
2. prevention, detection and suppression of offences related to corruption, and bringing to justice those responsible, within their competence, prosecutors, internal affairs, national security, tax, customs and border guard, as well as financial and other State bodies.
3. upon receipt of information about offences related to corruption, the authorities referred to in paragraph 2 of this article, are obliged to take measures arising from their authority, or to immediately transfer them to State bodies authorized to verify such information and make decisions from the review in accordance with the legislation of Turkmenistan.
4. The Prosecutor General of Turkmenistan and his prosecutors within the limits of their powers, coordinate the activities of the internal affairs agencies, national security, customs and other law enforcement agencies to combat corruption and perform other functions for anti-corruption established by normative legal acts of Turkmenistan.
5. The President shall have the right to form a State anti-corruption body to determine its status and powers.
 
Article 8. Guarantees the inviolability of individuals assisting in the fight against corruption 1. The person informs about the fact of offence involving corruption, or otherwise assisting in the fight against corruption, is under State protection.
2. information about the person, providing assistance in the fight against corruption, is a State secret and appears only on the written requests of bodies referred to in the second part of article 7 of this law, or the Court in the manner prescribed by the legislation of Turkmenistan. Disclosing this information implies responsibility, established by the legislation of Turkmenistan.
3. If necessary, the authorities dedicated to combating corruption, provide security of persons assisting in the fight against corruption.
4. the rules of the present article shall not apply to persons reporting false information shall be liable in accordance with this law.
 
Article 9. International cooperation in combating corruption

1. international cooperation in combating corruption on the basis of the principle of reciprocity shall be carried out in accordance with international treaties to which Turkmenistan is a party to: 1) identify those suspects (defendants) for crimes related to corruption, their location, as well as the location of other individuals involved in these crimes;
2) identifying property derived from offences related to corruption, or employee means thereof;
3) providing, where necessary, objects or substances samples for research or forensic examinations;
4) exchange of information on combating corruption;
5) coordination of activities on prevention of corruption and the Elimination of the consequences of offences related to corruption.
2. Foreign nationals and stateless persons not residing permanently in Turkmenistan, foreign legal entities, international organizations, as well as their branches and representative offices, for corruption-related offences committed outside Turkmenistan, shall incur liability in accordance with the legislation of Turkmenistan if they are directed against Turkmenistan or its citizens, and also in the cases provided for in international treaties to which Turkmenistan is a party.
 
Chapter 2. Preventing corruption-related offences, and Article 10 responsibility for them. Requirement for certain categories of public servants 1. In order to avoid actions that could lead to the use of civil servant status and based on it authority for personal, group and other unofficial interest, in the cases stipulated by normative legal acts of Turkmenistan, certain categories of public servants assume prohibitions, restrictions and obligations imposed by the laws of Turkmenistan, where they are aware of the legal consequences of such actions.
2. consent to adoption of prohibitions, restrictions and obligations of persons referred to in paragraph 1 of this article shall be recorded in writing, and their failure was a ground for refusal of entry to public service.
 
Article 11. Prohibitions, restrictions and obligations imposed on certain categories of public servants 1. Depending on the nature of the work and the conditions for certain categories of civil servants in accordance with the legislation of Turkmenistan may be equipped with the following prohibitions, restrictions and obligations: 1) entrepreneurial activities directly or through proxies;
2) carrying out other paid activity, except teaching, scientific and other creative activities. While teaching, scientific and other creative activities cannot be financed only through foreign funds, unless otherwise provided by law or international treaties to which Turkmenistan is a party;
3) participate in the management of economic entities irrespective of their organizational-legal forms, if you manage or participate in the management of economic entity is not included in his official (service) duties;
4) contribute to the satisfaction of material interests of natural or legal persons by misuse of his Office for the purpose of obtaining material goods;
5) acting as agents or representatives of other third party affairs in State Executive and administrative bodies and bodies of local self-government, if otherwise not stipulated by the legislation of Turkmenistan;
6) use unofficial tools for information, logistical, financial and information management, performance only;
7) receive honoraria for publications and presentations as a person holding public office;
8) disclosure or use for purposes not related to the implementation of official (service) duties, information, classified in accordance with the law to information of restricted access, he or she has become known in connection with the exercise of official (service) duties;
9) in connection with the performance of duties by public office emoluments (monetary and other compensation, payment services, recreation, transport and other costs) and gifts from individuals and legal entities, if it is not stipulated by the legislation of Turkmenistan. Gifts received in connection with the Protocol activities, travel and other official activities are recognized as the property of the State and on the Act are passed to the corresponding State Agency.
A person holding public office, which gift you received in connection with the protocol event, official business or other official event can redeem it in the manner prescribed by normative legal acts of Turkmenistan;
10) adoption of a contrary order honorary and special ranks, awards and other distinctions (except scientific and sport) of foreign States, international organizations, political parties, public associations and other organizations;

11) leave travel abroad at the expense of funds of individuals and legal entities, except for official travel carried out in accordance with the legislation of Turkmenistan, under the treaties of the State bodies of Turkmenistan with Government or other bodies of foreign States or international organizations;
12) entry into the Administration, fiduciary or advisory boards and other bodies of foreign non-profit non-governmental organizations, their structural units operating on the territory of Turkmenistan, unless otherwise stipulated by the legislation and international treaties to which Turkmenistan is a party or agreements on mutually beneficial basis of State bodies of Turkmenistan with State authorities of foreign States, international organizations;
13) opening of accounts in foreign banks, except for the cases stipulated by the legislation of Turkmenistan;
14) obtaining for himself or for a third party benefit in the form of money, values, real estate and other property or services proprietary nature, other property rights or transfer property to rent by abuse of authority.
2. Certain categories of public servants in order to counter corruption laws can be installed and other prohibitions, restrictions, obligations and rules official behavior than provided for in paragraph 1 of this article.
3. A public servant takes upon itself the prohibitions, restrictions and obligations imposed by the laws of Turkmenistan, represents the information about their income, assets and liabilities of the property, as well as on the income, assets and liabilities of the proprietary nature of spouse and minor children (hereinafter referred to as the income information) in the manner prescribed by normative legal acts of Turkmenistan.
4. Public servants who violate sanctions imposed on himself prohibitions, restrictions and obligations that are established in accordance with article nastoâŝëj shall be liable under the legislation of Turkmenistan.
 
Article 12. The obligation to transfer property and rights in patrimonial asset management 1. Public servants who took upon himself the prohibitions, restrictions and obligations imposed by the laws of Turkmenistan, within one month after receipt of the service are required to pass in trust during the execution of duties by the civil service contingent-owned equipment, the use of which implies revenue generation, except money, legally owned, as well as other property transferred in property rentals, in the manner prescribed by the legislation of Turkmenistan.
2. If public servants referred to in the first paragraph of this article, own securities, shares (shares) in statutory funds of enterprises and organizations, etc., they must transmit them in trust in accordance with the civil legislation of Turkmenistan.
 
Article 13. View information about income 1. Civil servants, who themselves prohibitions, restrictions and obligations imposed by the laws of Turkmenistan, are required to submit income information in the manner prescribed by normative legal acts of Turkmenistan.
2. Information on the income refer to the information in the case of restricted access and lack of citizen, submitting them to government service in the future this information may not be used and must be destroyed.
3. Information on the income, referred in accordance with the laws of Turkmenistan information constituting a State secret shall be protected in accordance with the legislation of Turkmenistan.
4. It is not allowed to use income information to determine solvency citizen submitting their solvency, as well as his spouse and minor children, for direct or indirect donations to foundations, public associations, religious or other organizations, individuals, as well as misuse.
5. Persons responsible for disclosing information about income submitted to the citizen in accordance with paragraph 1 of this article, or to use this information for purposes other than those provided for by law, shall be liable in accordance with the legislation of Turkmenistan.
6. Information on the income of persons holding public office, may be posted on the Internet on the official websites of public authorities or made available to the media for publication in the manner determined by the normative legal acts of Turkmenistan.
7. checking the accuracy and completeness of the data on income, submitted in accordance with paragraph 1 of this article, shall be carried out in accordance with procedure established by the Cabinet of Ministers of Turkmenistan.
8. the procedure for checking the accuracy and completeness of the data on income of citizens seeking public office and holding public office, is determined by the Act of the President of Turkmenistan.
9. failure to submit a citizen information about their income upon public service representation knowingly inaccurate or incomplete information is grounds for denial of admission specified citizen for public service.

10. Failure to comply with duties of public servants, under the first paragraph of this article, an offence entailing the involvement of its disciplined and its reoccurrence may be grounds for the release of a public servant from his position and dismissal from public service in connection with loss of confidence.
 
Article 14. View information about expenses 1. The civil servant is obliged to submit information about their expenses, as well as the costs of their spouse and minor children in cases and manner established normative legal acts of Turkmenistan.
2. Monitoring of the costs of a civil servant, as well as his spouse and minor children, the total income of the individual and his/her spouse for the last three years prior to the conclusion of a transaction is carried out in the manner prescribed by normative legal acts of Turkmenistan.
3. Failure of a public officer or submission of inaccurate or incomplete information about their expenses, as well as failure to submit or view deliberately false or incomplete information on the cost of their spouse and minor children if the submission of such information is an offence necessarily entailing the involvement of its disciplined and its reoccurrence may be grounds for the release of a public servant from his position and dismissal from public service in connection with loss of confidence.
 
Article 15. A public servant's duty to notify the appeals to the inducement to commit offences involving corruption 1. Notice of all facts access of any person to the inducement to commit offences related to corruption, unless conducted on these facts or check, is the responsibility of a public servant.
2. The failure of civil servants acting under paragraph 1 of this article, an offence entailing bringing him to justice in accordance with the legislation of Turkmenistan.
3. A civil servant, the head of the uvedomivšij, organs of the Procurator's Office or other government agencies about the facts treatment for his declination to commit an offence involving corruption, failure to provide other public servants information about income, knowingly false or incomplete view information about them, have committed offences related to corruption, is under State protection in accordance with the legislation of Turkmenistan.
4. How to notify the head of the facts treatment for the inducement of a public servant to commit the offences related to corruption, the list of information that should be at the notifications organization verify this information and registration notices are defined by the supervisor.
 
Article 16. The order for the prevention and settlement of conflicts of interest in the public service 1. The civil servant is obliged to take measures to prevent conflict of interests.
2. A civil servant is obliged to notify in writing his supervisor on the encountered a conflict of interest or the possibility of its occurrence as soon as he becomes aware, while the head is obliged to take measures to prevent or resolve conflict of interest if he became aware of the occurrence of a public servant's personal interest that leads or might lead to a conflict of interest.
3. The prevention or resolution of conflict of interests can be in changing official or service position of a civil servant, a party to a conflict of interest, until his suspension from the performance of official (service) duties in the prescribed manner, and his refusal of benefits, which cause a conflict of interest.
4. The prevention and settlement of conflicts of interest, which the public servant shall be exercised by the disqualification or resignation of a public servant and in other ways in the cases and in the manner prescribed by the laws of Turkmenistan.
5. The failure of a public servant who is a party to the conflict of interest measures to prevent or resolve the conflict of interests is an offence and shall be liable in accordance with the legislation of Turkmenistan.
 
Article 17. Offences that create conditions for corruption, and responsibility for them 1. Offences that create conditions for corruption, are the following public servants: 1) unlawful interference with the activities of other government agencies and organizations;
2) use of official powers in matters related to their own material interests;
3) granting of extra-legal benefits upon admission and promotion public service;
4) assisting unlawful preferences to individuals and legal entities when preparing and adopting decisions;

5) providing anyone not stipulated by the legislation of Turkmenistan to assist in the implementation of entrepreneurial and other activities related to the extraction of income;
6) use for personal, group or other unofficial interest information obtained in the discharge of their duties, if it is not subject to official dissemination;
7) use in their personal or other service-related to buildings, vehicles and communication equipment, money and other State-owned property, designed to perform public service, if it is not provided by normative legal acts of Turkmenistan;
8) unjustified refusal to information physical and juridical persons, which provided for the legislation of Turkmenistan, its deliberate delay transfer of inaccurate or incomplete information;
9) from natural or legal persons, information which is not stipulated by the legislation of Turkmenistan;
10) transfer of State financial and material resources in the election funds of individual candidates or political parties;
11) repeated violation of the statutory order of consideration of appeals of natural and legal persons and the solution of other issues falling within their competence;
12) giving gifts and providing unofficial services superior officials, with the exception of symbolic signs of attention and symbolic souvenirs in accordance with generally accepted standards of courtesy and hospitality, as well as in the Protocol and other official activities;
13) the apparent obstruction of natural or legal persons in the exercise of their rights and legitimate interests;
14) unlawful interference in the activity of natural and legal persons engaged in entrepreneurship, as well as in the monitoring of its implementation;
15) transmission control functions of public authorities bodies not having the status of public body;
16) gambling property nature with upstream or downstream, as well as located with them in a dependency service or officials.
2. Committing public servants of any of the mentioned in the first part of this article, the offences if there no criminal or administrative offence, entail disciplinary punishments in the manner prescribed by the legislation of Turkmenistan.
3. In the case of deputies to the Majlis of Turkmenistan, members of velayat, etrap, municipal Halk maslahaty and the Gengeshi or citizens registered as candidates for public office in the manner prescribed by the legislation of Turkmenistan, of any of the offences set forth in paragraph 1 of this article, the bodies engaged in the fight against corruption, notify the Majlis of Turkmenistan, velayat, etrap, municipal Khalk Maslakhaty, local Council and the corresponding Election Commission.
 
Article 18. Imposition of disciplinary penalties for offences related to corruption and crime, creating the conditions for corruption 1. In the case of public servant corruption offence, or an offence that creates conditions for corruption, a disciplinary sanction is imposed in accordance with the legislation of Turkmenistan.
2. in case of refusal to institute criminal proceedings or cessation of production on it, but if the actions of a public servant signs administrative offence or disciplinary infraction of a punishment can be imposed after the decision to dismiss the criminal case or cease production.
 
Article 19. Liability of persons reporting false information about the offence relating to corruption, a public servant who body leading the fight against corruption, false information about the offence relating to corruption, against another public servant liable to disciplinary responsibility in the manner prescribed by the legislation of Turkmenistan, on presentation of the body in charge of fighting corruption.
 
Article 20. Measures to prevent corruption, the prevention of corruption is carried out through the following major steps: 1) formation in society a climate of intolerance towards corruption;
2) conducting the corruptibility expert review of normative legal acts of Turkmenistan and their projects;
3) consideration of issues in State bodies of law enforcement in the results entered into legal force court decisions invalidating unlawful actions by State bodies and officials that infringe the rights of citizens, to develop and adopt measures for the prevention and elimination of the causes of the detected offences;
4) presentation of the qualification requirements for citizens applying for admission to the civil service, as well as checking the information provided referred to citizens, in the manner prescribed by the legislation of Turkmenistan;

5) establishing as grounds for exemption from duty and dismissal from public service in connection with loss of confidence or the application of other measures of responsibility for failure to comply with the requirements of articles 13-14 of this Act;
6) introduction in practice of work of State bodies, bodies of local self-government rules, whereby long, seamless and efficient execution of their duties, public servants must necessarily be taken into account when appointing him to the post, set it to military or special rank, class ranking, diplomatic rank, submission to State awards of Turkmenistan or its promotion;
7) development of public and parliamentary control over execution of the legislation of Turkmenistan on combating corruption.
 
 
Chapter 3. Addressing the consequences of corruption-related offences Article 21. Recovery of illegally acquired property or value of the services provided in this way 1. In all cases, public servants as a result of the enrichment offences related to corruption, property acquired in a manner prohibited by law, or as a result of unjustified enrichment may be drawn to State property and the value of services provided this way is recovered in favor of the State in the manner prescribed by the legislation of Turkmenistan.
2. In cases where a public servant without the knowledge obtained: 1) cash-in no more than two weeks after their discovery of payable to the State budget of Turkmenistan with a view at the place of residence in the body of the internal revenue service explaining the circumstances of receipt of such funds;
2) gifts-free of charge within seven days passed in a special Charitable Fund, created in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan;
3) services-not later than within two weeks to be paid by transferring money to the prices prevailing in the relevant area, sending them to the State budget of Turkmenistan.
3. A civil servant to which received gifts, may, with the consent of the superior officer redeem them from the Fund to market retail prices prevailing in the relevant area. Proceeds from the sale of gifts moneys paid into the State budget of Turkmenistan.
4. the members of the family of a civil servant is not entitled to receive gifts and services due to natural and legal persons of Turkmenistan and foreign natural and legal persons with whom that person is associated. Gifts and services illegally obtained by members of the family of a civil servant shall be subject to the exclusion in the manner prescribed by paragraph 1 of this article.
 
Article 22. Elimination of the consequences of the transactions, acts and actions committed offences involving corruption deals concluded in connection with offences involving corruption are recognized invalid by the Court in the manner prescribed by the legislation of Turkmenistan. Committed offences related to corruption acts, actions can be undone body or official authorized to accept or cancel the relevant acts, or by a court on suit of the interested natural or legal persons or the Prosecutor.
 
Chapter 4. Final clauses article 23. The relationship of this Act with other normative legal acts of Turkmenistan, this Act is the basis for elaborating and adopting other normative legal acts of Turkmenistan, and ways to counter corruption.
 
Article 24. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
 
   Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 1, 2014 year no. 35-V.
 
 

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