The Diplomatic Service

Original Language Title: О дипломатической службе

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On the diplomatic service this law defines the legal and organizational basis for diplomatic service of Turkmenistan.
 
Chapter i. General provisions article 1. The notion of diplomatic service 1. The diplomatic service is a public service that is associated with the execution of the powers for the realization of Turkmenistan's foreign policy, representation and protection of the rights and legitimate interests of Turkmenistan citizens and legal persons in the sphere of international relations.
2. Consular Service is part of the diplomatic service of Turkmenistan.
 
Article 2. Legal basis the legal basis for the foreign service, the diplomatic service are: the Constitution of Turkmenistan, this Act, other regulatory legal acts, international treaties of Turkmenistan, Turkmenistan, as well as universally recognized principles and norms of international law.
 
Article 3. The task of the diplomatic service the diplomatic service is entrusted with the following tasks: 1) implementation of Turkmenistan's foreign policy and international initiatives of the President of Turkmenistan;
2) ensuring through diplomatic means and methods for the protection of the sovereignty, security, territorial integrity and inviolability of the borders of Turkmenistan, its political, trade, economic and other interests in relations with other States and in the international arena;
3) strengthening the neutrality of Turkmenistan, promoting its role as a member of the international community in addressing global and regional issues;
4) implementation of Turkmenistan's diplomatic and consular relations with foreign States and international organizations;
5) development of bilateral and multilateral political, trade-economic, scientific, educational, cultural, humanitarian and other ties of Turkmenistan with foreign States and international organizations;
6) analysis of the political and economic situation in the region and the world, trends of development of international relations, foreign and domestic policies of foreign countries, the activities of international organizations;
7) development and submission to the PrezidentaTurkmenistana proposals for development of the main directions of the foreign policy of Turkmenistan;
8) coordination of the activities of the relevant bodies of executive power to ensure the holding of a single foreign policy of Turkmenistan in the relations with foreign States and international organizations;
9) protection of the rights and lawful interests of citizens and legal persons of Turkmenistan abroad;
10) ensuring public authorities of Turkmenistan information necessary for the implementation of international relations;
11) carrying out other tasks in accordance with the legislation of Turkmenistan.
 
Article 4. The functions of the diplomatic service, the foreign service shall have the following functions: 1) representation in diplomatic and consular relations with foreign States and international organizations;
2) Organization negotiating and signing international treaties to which Turkmenistan is a party;
3) prepare proposals for the conclusion, ratification, execution, suspension and termination of treaties, as well as accession and make relevant proposals for consideration by the President of Turkmenistan;
4) representation in the established order of the President of Turkmenistan proposals on establishment and development of relations of Turkmenistan with foreign States and international organizations;
5) ensuring the participation of Turkmenistan in the activities of the United Nations, other international organizations, conferences, meetings, forums, promote the role of Turkmenistan as a member of the international community in addressing global and regional issues;
6) to assist in the implementation of Foreign Economic Affairs of Turkmenistan, including the establishment and development of economic cooperation with foreign countries and international economic organizations and financial institutions;
7) participation in the work of the Intergovernmental Commission on trade-economic, scientific-technical and cultural-humanitarian cooperation;
8) participated in the defence of interests of Turkmenistan Wednesday environmental protection and rational use of natural resources;
9) facilitating the efficient use of transport and transit potential of Turkmenistan;
10) participating, within the limits of their competence in carrying out a common energy policy;
11) General monitoring the implementation of the international treaties to which Turkmenistan is a party;
12) functioning unified State system of registration and storage of international treaties to which Turkmenistan is a party;
13) maintaining liaison with the foreign ministries in other countries, the diplomatic missions and consular offices of foreign States, organizing and conducting consultations between ministries of Foreign Affairs;
14) participation in the development of activities to promote and expand trade, economic and financial ties, cooperation in scientific, technological, cultural and other areas with foreign States and international organizations;

15) preparation of proposals on perfection of legislation in the field of legal support of Turkmenistan's foreign policy, bringing it into line with the international obligations of Turkmenistan;
16) provides protocol coverage public official working visits at the level of Heads of State, Governments, parliaments, Foreign Ministers and other levels;
17) accreditation in Turkmenistan, members of diplomatic missions, consular offices of foreign States, as well as representatives of international organizations;
18) monitor observance of diplomatic and consular privileges and immunities;
19) implementation of consular functions provided for by the legislation of Turkmenistan;
20) to assist in the functioning of diplomatic missions and consular offices of foreign States, as well as representatives of international organizations on the territory of Turkmenistan;
21) accreditation of journalists in Turkmenistan foreign media;
22) participate in the preparation and dissemination of information materials abroad of domestic and foreign policies of Turkmenistan;
23) informing the public authorities, the media, the international situation and foreign policies of Turkmenistan;
24) addressing issues of staffing, the diplomatic service of Turkmenistan, providing training, retraining and improvement of professional skill of the staff of the foreign service;
25) interaction on matters of its competence with State bodies and public organizations of Turkmenistan;
26) other functions stipulated by the legislation of Turkmenistan.
 
Chapter II. Organization and personnel of the foreign service, article 5. Foreign service system 1. Organization of the diplomatic service is carried out by means of the creation and development of a unified system for the foreign service.
2. the system of diplomatic service includes: the Ministry of Foreign Affairs of Turkmenistan, diplomatic missions and consulates of Turkmenistan abroad, Turkmen representation at international organizations, representative offices of the Ministry of Foreign Affairs in the territory of Turkmenistan, as well as institutions, organizations, educational institutions, established to ensure the implementation of the foreign policy of Turkmenistan and referred in the prescribed manner to the jurisdiction of the Ministry of Foreign Affairs of Turkmenistan (hereinafter-bodies and institutions are part of the diplomatic service).
3. Foreign Service System of Turkmenistan is approved by the President of Turkmenistan on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
4. The Ministry of Foreign Affairs of Turkmenistan is the central executive body which carries out foreign policy and heads of foreign service system of Turkmenistan.
5. the Organization of activity of bodies and institutions, foreign service system, implemented by the Ministry of Foreign Affairs of Turkmenistan.
 
Article 6. Diplomatic posts 1. For the Ministry of Foreign Affairs of Turkmenistan establishes the following diplomatic posts: 1), the Minister for Foreign Affairs;
2) Deputy Minister of Foreign Affairs;
3) Ambassador at large, Ministry of Foreign Affairs;
4) head of structural unit of Ministerstvainostrannyh Affairs, whose activities are directly connected with execution of the tasks and functions of the diplomatic service;
5) head of the representative office of the Ministry of Foreign Affairs in the territory of Turkmenistan;
6) Assistant to the Minister for Foreign Affairs;
7) Adviser;
8) first Secretary;
9) Second Secretary;
10) Third Secretary;
11) attachés.
Name of the posts referred to in paragraphs 4 and 5 of the first paragraph of this article shall be determined in accordance with the structure of the Ministry of Foreign Affairs of Turkmenistan, approved by the President of Turkmenistan.
2. Diplomatic missions and consular institutions of Turkmenistan abroad, missions to international organizations of Turkmenistan establishes the following diplomatic posts: 1) Ambassador Extraordinary and Plenipotentiary;
2) Permanent Representative to the international organization;
3) Messenger;
4) Chargé d'affaires;
5) Consul General;
6) Minister Counsellor;
7) Deputy Permanent Representative to the international organization;
8) Adviser;
9) Consul;
10) first Secretary;
11) Vice-Consul;
12) Second Secretary;
13) consular agent;
14) Third Secretary;
15) attachés.
The post of military attaché, Press Secretary, sales representative, sales representative, Deputy cultural attaché in Turkmenistan's diplomatic missions in foreign countries amounted to diplomatic posts.
3. Persons holding diplomatic posts are assigned to the diplomatic ranks in the order established by the legislation of Turkmenistan.
 
Article 7. Appointment to positions in the diplomatic service system 1. Diplomatic posts can be assigned to the citizens of Turkmenistan who have higher education, owning public and foreign languages that possess the skills and expertise required to work in the diplomatic service.
2. appointments to diplomatic posts are made in the order established by the legislation of Turkmenistan.

3. the Minister for Foreign Affairs, Deputy Minister of Foreign Affairs, as well as the heads of other bodies and agencies of the system of diplomatic service, are appointed and dismissed by the President of Turkmenistan.
4. Ambassador Extraordinary and Plenipotentiary, Permanent Representative to the international organization, Counsellor, Chargé d'affaires, Minister Counsellor, Deputy Permanent Representative to the international organization, Consul General, Consul, Vice-Consul, or consular agent, who is the head of the consular post, are appointed and dismissed by the President on the recommendation of the Minister of Foreign Affairs of Turkmenistan.
Military attachés, commercial representative are appointed and dismissed by the President of Turkmenistan.
5. appointments to other posts in the diplomatic service of the system are made by the Minister for Foreign Affairs of Turkmenistan.
 
Article 8. Referantur Ministry of Foreign Affairs of Turkmenistan 1. With a view to training for the diplomatic service in the Ministry of Foreign Affairs of Turkmenistan, referantur is created.
2. Procedure for organization and passing referentury in the Ministry of Foreign Affairs of Turkmenistan is governed by the regulations on referenture of the Ministry of Foreign Affairs of Turkmenistan, approved by the President of Turkmenistan on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
 
Article 9. Foreign service personnel reserve 1. Personnel reserve to work in diplomatic posts is formed by the Ministry of Foreign Affairs of Turkmenistan.
In foreign service personnel reserve includes: 1) the staff of the Supreme bodies of State power and administration of Turkmenistan, occupying positions associated with performing the tasks and functions of the diplomatic service;
2 foreign service officers), directed by the Ministry of Foreign Affairs of Turkmenistan to work in international organizations or to study in higher education, postgraduate study, doctoral studies;
3 foreign service officers), translated to other State institutions, organizations and enterprises, as well as in research institutions and universities;
4) others in the manner determined by the zakonodatel′stvomTurkmenistana.
2. The procedure of formation and organization of work with personnel reserve are governed by the foreign service personnel reserve of Turkmenistan, approved by the President of Turkmenistan on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
 
Article 10. Transitions, substitution of diplomatic posts Job displacement and substitution of foreign service diplomatic positions are made in accordance with the needs of the service may require, subject to the qualifications, training and the principles of rotation.
 
Article 11. Rotation of foreign service officers 1. Foreign service system of Turkmenistan is exercised by the rotation of foreign service officers.
In the context of the rotation of foreign service officers based on their training and specialization may be sent to diplomatic missions and consulates of Turkmenistan abroad, Mission of Turkmenistan to the international organizations, as well as to carry out its activities both in the central apparatus of the Ministry of Foreign Affairs of Turkmenistan, and in other bodies and institutions belonging to the diplomatic service.
2. the period of continuous employment of staff in diplomatic missions and diplomatičeskojslužby konsul′skihučreždeniâh of Turkmenistan abroad, predstavitel′stvahTurkmenistana in international organizations must not exceed three years. Specified period of exigency and with the consent of an officer of the foreign service may be extended by the Minister for Foreign Affairs of Turkmenistan for the period up to one year.
3. the period of continuous work in the diplomatic and consular missions abroad, Turkmenistan Turkmenistan with international organizations, persons appointed to a diplomatic post in manner prescribed by part 4 of article 7 of this law, shall be determined by the President of Turkmenistan.
 
Article 12. Restrictions associated with the presence of the diplomatic service 1. Foreign Service officers do not have the right to: 1) to engage in other payable activity except scientific, pedagogical and creative activity;
2) engage in business activities directly or through proxies;
3) take without the permission of the President of Turkmenistan, honorary awards and special ranks of foreign States, international organizations and foreign organizations.
2. the diplomatic service are prohibited from joint work between themselves persons in close relationship or property (parents, spouses, brothers, sisters, sons, daughters, parents, brothers, sisters and children of spouses), if their work involves direct (direct) podčinënnost′û or control another one of them.
3. The diplomatic service cannot be accepted previously convicted persons and persons released from criminal liability for non-rehabilitation reasons.
 
Article 13. Review of foreign service officers
 

1. the staff of the foreign service, working in diplomatic missions and consular institutions of Turkmenistan abroad, missions to international organizations, Turkmenistan may be prematurely withdrawn in Turkmenistan if they committed either by members of their families denigrating misconduct or actions that may lead to negative consequences in further fulfilment of official authority.
2. The action of the first part of this article also applies to members of diplomatic missions and consulates of Turkmenistan abroad, missions of international organizations in Turkmenistan of citizens of Turkmenistan, holding positions in the administrative, technical and maintenance staff.
 
Article 14. Termination of diplomatic service, grounds for termination of diplomatic service are as follows: 1) foreign service officer resignations voluntarily;
2) expiration of a labor contract;
3) termination (termination) of an employment contract on the bases provided by legislation of Turkmenistan or by the Treaty;
4) loss of citizenship of Turkmenistan or the renunciation of citizenship of Turkmenistan;
5) other grounds provided for by zakonodatel′stvomTurkmenistana.
 
Chapter III. Rights, responsibilities, promotion and disciplinary accountability of foreign service officers Article 15. The right of foreign service officers 1. Foreign Service officers in connection with the exercise of their authority have the right to: 1) enjoy all the rights and freedoms guaranteed by the Constitution and laws of Turkmenistan;
2) participate in addressing issues related to the implementation of the tasks and functions of the diplomatic service;
3) receive information, documents and materials required to perform their duties;
4) make the management of the Ministry of Foreign Affairs of Turkmenistan proposals on further development and improvement of the activities of the organs of the foreign service;
5) on the career diplomatic service taking into account their level of education, training and skills;
6) on training and retraining, including on-site in missions abroad;
7) to exercise other rights stipulated by the legislation of Turkmenistan.
2. Foreign Service Officers during the period of work abroad shall enjoy the privileges and immunities accorded to diplomats under international law.
 
Article 16. The duties of the foreign service officers 1. Foreign Service officers in the performance of their powers are obliged to: 1) to abide by the Constitution and laws of Turkmenistan;
2) ensure respect for and protection of the rights and legitimate interests of Turkmenistan citizens and legal persons in the sphere of international relations;
3) safeguard public property of Turkmenistan located both in Turkmenistan and abroad;
4) to faithfully carry out their duties and functions to represent Turkmenistan in its relations with other States and international organizations;
5) perform the orders and instructions of the heads of diplomatic missions issued within their competence;
6) to comply with Government and labour discipline, as well as the rules of diplomatic ethics;
7) improve their professional level and qualification;
8) perform other duties stipulated by normative legal acts of Turkmenistan.
2. Foreign Service Officers during the period of work abroad are obliged to respect the laws, rules, customs and traditions of the host country.
 
Article 17. Promotion of foreign service officers 1. For foreign service officers establishes the following types of rewards: 1) the awarding of the diploma of the Ministry of Foreign Affairs of Turkmenistan;
2) rewarding valuable gift;
3) increase in diplomatic posts;
4) early increase in diplomatic rank.
Foreign Service officers may receive other incentives, provided by the legislation of Turkmenistan.
2. For special services to the foreign service officers by Turkmenistan can be presented to the State Awards.
 
Article 18. Disciplinary liability of foreign service officers 1. Foreign Service staff in case of nonperformance or improper performance of their duties, the following disciplinary measures: 1);
2) reprimand;
3) severe reprimand;
4) warning of an incomplete service line;
5) deferral of up to one year in the assignment the next diplomatic rank or appointment to a higher position;
6) demotion;
7) downgrade diplomatic rank;
8) deprivation of diplomatic rank;
9) transfer to other lower paid work;
10) dismissal;
11) dismissal with a simultaneous deprivation of diplomatic rank.
2. grounds for disciplining of foreign service officers, as well as the procedure for the application of the disciplinary measures specified in part 1 of this article shall be governed by the legislation of Turkmenistan and the disciplinary liability of the foreign service of Turkmenistan, approved by the President of Turkmenistan on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
 

Chapter IV. Ensuring diplomatic service Article 19. Funding and logistical support for the diplomatic service 1. Financing of the foreign service is carried out at the expense of the State budget, as well as funds received from consular fees and other illegal means the legislation of Turkmenistan, the use of which is determined by normative legal acts of Turkmenistan.
2. Logistical support activities of the organs of the foreign service is carried out in the manner prescribed by the legislation of Turkmenistan.
3. the procedure for possession, use and disposal of the bodies and agencies of the system of diplomatic service, real estate and other assets on the territory of Turkmenistan and abroad set the laws of Turkmenistan.
 
Article 20. Communication, archive, security in the diplomatic service system 1. In its activity the diplomatic service uses existing network communications and telecommunications, as well as a diplomatic courier.
2. the diplomatic courier service is created with the aim of ensuring diplomatic pouch between the Ministry of Foreign Affairs of Turkmenistan, and diplomatic missions and consulates of Turkmenistan abroad, missions of Turkmenistan to international organizations, bodies and agencies of the system of diplomatic service in the territory of Turkmenistan.
The objectives, functions and organization of the activities of the diplomatic courier shall be determined by the provisions of the diplomatic courier service, as approved by the Minister for Foreign Affairs of Turkmenistan.
3. For the purpose of storage of documents and materials required to perform the tasks and functions of the diplomatic service, the foreign service archive is created.
In the archive of the Ministry of Foreign Affairs of Turkmenistan are stored the original treaties, the depositary of which is the Ministry of certified copies of other international treaties to which Turkmenistan is a party, as well as documents and materials related to the activity of the central apparatus of the Ministry and other authorities and institutions belonging to the diplomatic service.
Archives of the diplomatic missions and consular institutions of Turkmenistan, Turkmenistan to international organizations, as well as archives of the representative offices of the Ministry of Foreign Affairs of Turkmenistan in the territory of the State contain the documents necessary for their activities.
The procedure of organization and archiving of the diplomatic service is determined by the legislation of Turkmenistan on Archives and archives.
4. The Ministry of Foreign Affairs of Turkmenistan in the order determined by the legislation of Turkmenistan, organized security system activities of the organs and institutions of the diplomatic service.
 
Article 21. Material and social amenities to ensure foreign service officers 1. Material and social amenities to ensure foreign service officers and members of their families shall be carried out taking into account the conditions and characteristics of passing the foreign service.
2. The conditions and procedure for material and social protection of foreign service officers are determined by material and socio-domestic provision of foreign service officers, as approved by the President of Turkmenistan on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
 
Chapter V final provisions Article 22. Overseas business trips 1. In order to perform the tasks and functions assigned to the foreign service, the persons performing the diplomatic service, as well as managers and employees of other government bodies, institutions and organizations may be made overseas travel.
2. The procedure for sending in foreign travel is governed by the regulations on overseas official missions related to the implementation of the tasks and functions of the diplomatic service, approved by the President of Turkmenistan on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
 
Article 23. The regulation of labour relations labour relations foreign service officers foreign service officers are governed by this Act, the labour code and other normative legal acts of Turkmenistan.
 
Article 24. Pensions and social protection for foreign service officers pensions and social protection for foreign service officers are regulated by the legislation of Turkmenistan on the social protection of the population and other normative legal acts of Turkmenistan.
 
Article 25. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. Abrogating the law of Turkmenistan on December 19, 2000 on "diplomatic service" (records of the Mejlis of Turkmenistan, 2000, no. 3-4, p. 36).
 
 
   Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 29, 2013 year no. 426-IV.
 

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