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About The Archives And Archiving Of Turkmenistan

Original Language Title: Об архивах и архивном деле Туркменистана

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About the archives and archiving of Turkmenistan

This Law defines the legal basis for the organization of acquisition, storage, accounting, use of documents of the National Archival Fund of Turkmenistan and other archival documents and archives management in the public interest, the state and citizens.


CHAPTER I. GENERAL PROVISIONS

Article 1. Basic concepts used in this Law

In the present Law the following basic concepts:
archiving - the activity of the state, businesses and individuals on the acquisition, storage, accounting and use of documents of the National Archival Fund of Turkmenistan and other archival documents, as well as archive management;
Document - a material object with fixed on it information about the objects of reality and of human mental activity through writing, graphics, photos, audio and video recordings or other means in any medium;
Archival document - a document that is stored or to be saved because of its importance for the society, the state and citizens;
Audiovisual documents - cinematographic, photographic, phonographic, video materials, and combinations thereof, created or reproduced on any medium;
Personnel documents - a set of documents that are created in the process of documentation of service, employment or other social legal relations of citizens and legal persons;
Document of the National Archival Fund of Turkmenistan - an archival document, the previous reviewer put to public records and subject to permanent storage;
Particularly valuable document - the document of the National Archival Fund of Turkmenistan, having enduring historical and cultural, scientific value, and of particular importance for society and the state, and with the loss of irreplaceable in terms of its legal value and (or) avtografichnosti;
Unique document - a particularly valuable document that does not have their own kind for the information contained in it and (or) external signs;
National Archive Fund of Turkmenistan - a historically constituted, and ever-growing collection of archival documents to be preserved permanently, reflecting the material and spiritual life of the Turkmen people, having historical, scientific, social, economic, political, cultural significance, being an integral part of its historical and cultural heritage and a part of the information resources of the state;
Archives - a set of archival documents, historically or logically associated with each other;
Public records - state archival institutions, carrying out reception, permanent storage, accounting and use of archival documents;

Departmental files - files that are created by the public authorities, local executive authorities and local self-government, as well as enterprises, institutions and organizations of different ownership forms for acquisition, storage, accounting and use of documents generated in their activities;
Secret archive - archive, which is not announced publicly;
Private archives of citizens - the archives, formed as a result of activity of a person, family, genus, collected or acquired by inheritance, purchase or donation;
Permanent storage of archival documents - their eternal, unlimited storage;
Temporary storage of archival documents - store them within the time limits established by regulatory legal acts of Turkmenistan;
Depository preservation of archival documents - store them within the terms and conditions determined by the contract between the owner of the documents and public records;
Owner of archival documents - the state, legal or natural person, implementing in full ownership, use and disposal of archival documents;
Owner of archival documents - legal or natural person exercising possession and use of archival documents and implementing powers of disposition within the limits established by the legislation of Turkmenistan;
User - organ of state power and administration, local executive authorities and local self-government, legal or natural person applying to archival documents for the receipt and use of legally required information to it.


Article 2. Legislation of Turkmenistan on archives and archiving

The legislation of Turkmenistan on archives and archiving based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan governing archive work.
If international treaties of Turkmenistan establishes rules other than those contained in this Act, the rules of the international treaty.


CHAPTER II. STATE REGULATION
Archives Business. FINANCING AND LOGISTICS archival institutions


Article 3. Governments archival business in Turkmenistan

State Administration of archival business in Turkmenistan is carried out by the Cabinet of Ministers of Turkmenistan, the Main Archive Department under the Cabinet of Ministers of Turkmenistan (hereinafter - the Main Archive Department), as well as the bodies of local executive power and local self-government.

Article 4. Competence of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan:

- Defines a unified state policy in the archive business and record keeping;
- Adopts regulations and sectoral programs that define the main directions of development of archives;
- Organizes the state system of training qualified personnel for archival institutions;
- Exercise other powers in accordance with the law.

Article 5. The competence of the Main Archive Department under the Cabinet of Ministers of Turkmenistan

1. Main Archive Department:
- implements a unified state policy in the archive business and record keeping;
- Provides organizational and methodological guidance and control over the activities of state and departmental archives;
- Provides skills development of archival and clerical services;
- Exercise other powers in accordance with the law.
2. Main Archive Department manages the National Archival Fund of Turkmenistan and the state archives, including personnel, coordinates the activities of ministries, departments, enterprises, institutions and organizations on the issues of archives and records management in accordance with the Regulations approved by the Cabinet of Ministers of Turkmenistan. 3
. Main Archive Department issued regulations on matters of acquisition, storage, accounting and use of documents of the National Archival Fund of Turkmenistan, organization and record keeping, as well as the development and implementation of modern systems of documenting administrative activity are binding on all legal entities and officials of Turkmenistan.
4. Enacted by ministries and agencies regulations on archives and records management necessarily coordinated with the Main Archive Department.
5. Main Archival Administration develop and approve a standard list of documents indicating the storage time.
The bodies of state power and administration, central bodies of public associations on the basis of a standard list of documents developing sectoral lists of documents with preservation dates and claim them after consultation with the Chief Archival Department.

Article 6. Competence of local executive authorities and local self-government

Local executive authorities and local self-government:
- organize archiving and records management field in accordance with the unified archival policy of the state;
- Solve issues concerning the construction, reconstruction, placing the state archives building in the territory under their jurisdiction;
- Create files on staff;

- Exercise other powers in accordance with the law.


Article 7. Public associations and religious organizations, non-state enterprises, institutions and organizations and proprietors (owners), private archives


Public associations and religious organizations, non-state enterprises, institutions and organizations and proprietors (owners), private archives contribute to the development of archives and build its work on the creation of archives in accordance with this Law and other normative legal acts of Turkmenistan.
Main Archive Department and its agencies are the owners, the owners of private archives and archival documents to promote their conservation and use.


Article 8. Financing and logistical support of archival institutions

1. Funding and logistical support to the state archives and the Archive of the President of Turkmenistan are carried out at the expense of the State budget.
2. Khyakimlik provinces, cities of districts provide public records buildings and facilities that meet the requirements of safety of documents of the National Archival Fund of Turkmenistan. 3
. The property, including real estate, located in or transferred operational management of archival institutions, secured them the rights of perpetual ownership, use and disposal.
4. Public records can create self-supporting unit with a calculated their score in the bank for the provision of services to ministries, departments, enterprises, institutions and organizations listed by the Main Archive Department in coordination with the relevant government authorities.
5. State archival institutions can receive charity (sponsor) support from businesses and individuals.
6. Archives of state enterprises, institutions and organizations and private citizens archives contain the expense of their own funds and other legal sources.



CHAPTER III. National Archival Fund of Turkmenistan


Article 9 Composition of the National Archival Fund of Turkmenistan

1. The National Archival Fund of Turkmenistan includes archival funds and archive documents, regardless of their source, time and method of creation, type of media storage space (including stored outside Turkmenistan) and ownership.
National Archive Fund of Turkmenistan is the property of the state and is located in its jurisdiction.
2. National Archive Fund of Turkmenistan consists of two parts:
1) of the state, including documents:

State archives and other public storage;
Bodies of state power and administration;
State enterprises, institutions and organizations;
Diplomatic missions, consular offices and other representations of Turkmenistan in foreign countries;
Enterprises, institutions and organizations, in the charter capital of which is dominated by state ownership;
Businesses and individuals received in state ownership lawfully;
2) a non-governmental, including documents:
non-state enterprises, institutions and organizations;
Public associations, including political parties, religious organizations, consumer cooperatives;
Individuals or legally acquired by them. 3
. Documents Archive of the President of Turkmenistan are particularly valuable part of the National Archival Fund of Turkmenistan.
4. The principle of formation of the organization, storage, accounting and use of Turkmenistan's National Archive Fund documents set the Main Archive Department.


Article 10. Assignment of documents to the composition of the National Archival Fund of Turkmenistan


1. The classification of documents to the composition of the National Archival Fund of Turkmenistan, as well as their exclusion from its structure made in accordance with the established rules and standards on the basis of examination of the value of documents in the manner prescribed by the Main Archive Department.
2. Issues related to the examination of the value of documents and assign them to the composition of the National Archival Fund of Turkmenistan, as well as excluding them from its structure solved by the Central expert screening committee, the Chief Archives Administration and expert commissions of the check of public records within their competence. 3
. Expertise values ​​to be the whole complex of documents formed in activity of bodies of state power and administration, state enterprises, institutions and organizations. The shelf life of documents shall be determined according to the standard or industry lists of documents, indicating the storage time. It is forbidden to destroy records prior to the established procedure of examination of their value and the decision on their Destruction.
4. Assignment of documents of the enterprises, institutions and organizations of non-state forms of ownership to the composition of the National Archival Fund of Turkmenistan on the basis of the contract between the owner (owner) of archival documents and the Main Archive Department.


Article 11. Ownership of the documents of the National Archival Fund of Turkmenistan



1. Documents of the state of the National Archival Fund of Turkmenistan are state property and can not be subject to privatization, sale and other transactions that violate the right of state ownership in the archival documents.
2. Documents not state of the National Archival Fund of Turkmenistan are the private property of individuals and legal entities that own the right of possession, use and disposal of archival documents within the limits established by the legislation of Turkmenistan, except for the right to destroy the documents, ascribed to the composition of the National Archival Fund of Turkmenistan.
When selling non-state part of the Turkmen National Archival Fund documents the state has a preferential right to purchase them. Rights owner Archive Fund may be exercised by proxy Main Archive Department and the State Archives of Turkmenistan. 3
. In the case of the privatization of state enterprises, institutions and organizations and the cessation of their activities, formed before the privatization of the archival documents, including personnel documents remain in public ownership and are included in the established order of the National Archival Fund of Turkmenistan, regardless of where they are stored.
4. Public associations, religious organizations, other legal entities and individuals can send their documents to the state archives for permanent or depository preservation. When documents are transmitted to the custodianship owner compensates state archive storage costs of them, while retaining ownership of them. The procedure for transferring documents, their use and the amount of payment for their storage are determined by agreement between the State Archives and the owner of the documents.
Being on custodianship documents, the owners of which do not have extended the contract in their possession and not claimed at the end of their period of validity of the contract, transferred to state ownership.
5. Archival documents in illegal possession, transferred legitimate owners in accordance with the law and international treaties of Turkmenistan.


CHAPTER IV. ARCHIVES OF TURKMENISTAN


Article 12. Creation of archives


Legal and physical persons of Turkmenistan are guaranteed the right to create files as a set of archives and archival documents that are saved because of their historical, economic, cultural, scientific and practical significance for society, as well as having value for the owner.

It is not allowed the creation of secret documents from the archives of the state of the National Archival Fund of Turkmenistan, as well as documents concerning the rights and legitimate interests of citizens or threatening security of Turkmenistan.


Article 13. Types of archives


The main types of archives in Turkmenistan are:
- state archives,
- Archive of the President of Turkmenistan,
- sectoral state funds and other state storage,
- departmental archives,
- private citizens archives.



Article 14. State Archives of Turkmenistan


1. The State Archives of Turkmenistan are established, reorganized and liquidated by the President of Turkmenistan acts, regulations of the Cabinet of Ministers of Turkmenistan.
2. Central, provincial and municipal state archives of Turkmenistan carried out recruitment, permanent storage, accounting and use of Turkmenistan's National Archive Fund documents for the needs of society, the state and citizens, as well as control over the collection, storage, taking into account, ordering and use of documents in enterprises, organizations and institutions, ascribed in the prescribed manner to the number of sources of the National archival Fund of Turkmenistan. 3
. Public records on staff created for the purpose of accumulation, storage, accounting, use of archival documents to ensure the socio-legal protection of citizens.


Article 15. Archive of the President of Turkmenistan


Archive of the President of Turkmenistan provides acquisition, storage, accounting and use of documents, reflecting all aspects of the state, social and political activities of the President of Turkmenistan, related documents and materials of purely personal nature, as well as provides training and publication of scientific papers on topical issues of practical implementation of the policy aimed at the socio-economic, spiritual and cultural development of Turkmenistan, raising its prestige in the world community of nations.
Activities of the Archives of the President of Turkmenistan is governed by the Regulations approved by Decree of the President of Turkmenistan.


Article 16. Sectoral state funds and other state storage


1. The organizations which form in the course of business complexes specific documents (geological, cartographic, geodetic, meteorological, standards), which requires special conditions of storage, accounting and use of industry are public funds.

2. Public storage - museums, libraries, academic institutions, have historically formed complexes of documents, ensure their safety and use. 3
. Sectoral state funds and other state storage is carried out permanent storage of documents of the National Archival Fund of Turkmenistan in accordance with this Law and regulations on them.
4. List of branch of public funds and other public repositories approved by the Cabinet of Ministers on the proposal of the Main Archive Department.



Article 17. Departmental archives


1. The bodies of state power and administration, local executive authorities and local self-government, enterprises, institutions and organizations of all forms of ownership and associations carry out temporary storage, accounting and use of documents of the National Archival Fund of Turkmenistan and documents on staff in the departmental archives they create and provide their special facilities, equipment and personnel in accordance with the rules and regulations established by the main archive Department.
Ministries, agencies and central bodies of public associations shall exercise control over compliance with the established order of storage, safeguarding, accounting, use and transfer of the state storage of documents of the National Archival Fund of Turkmenistan in the subordinate enterprises, organizations, institutions.
2. Individual ministries, departments and organizations implement a long-term state storage Turkmen National Archival Fund documents generated as a result of their activities on the basis of a contract concluded with the Main Archive Department.
The list of ministries, departments, organizations engaged in long-term storage of documents of the state of the National Archival Fund of Turkmenistan, approved by the Cabinet of Ministers on the proposal of the Main Archive Department. 3
. Enterprises, institutions and organizations regardless of ownership and departmental affiliation are required to report annually to the Chief archival management and public records information about the state and departmental archives stored in these documents.


Article 18. Private citizens archives


1. Citizens have the right to establish private archives. The State guarantees the inviolability of the archives of private citizens. Documents from the private archive can not be without the consent of the owner subject to inspection or seizure, unless otherwise stipulated by the legislation of Turkmenistan.

2. The owner of the private archive of the right to specify in the will of the person, body or organization, which entrusts the protection of the inviolability of private archive or which transfers ownership to it. 3
. The citizen, who own archival documents that emerged not as a result of its operations and have exceptional public importance is obliged to ensure their safety and report their whereabouts to the State Archives. Failure to comply with this obligation may result in compulsory redemption in the prescribed manner of archival documents on the basis of the submission of the Main Archive Department.
4. Private archives owner has the right to pass it on permanent or depository preservation to the state archives. Storage and access to private archives in state archives carried out in accordance with the Model Regulations on the private archives approved by the Main Archive Department, and the contract concluded with the owner of the State Archives.


CHAPTER V. ACQUISITION, STORAGE AND

ACCOUNTING archive documents.

ORGANIZATION AND MANAGEMENT OF FILING


Article 19. Sources of acquisition of public archives

Sources of acquisition of State archives are public authorities and management, local executive authorities and local self-government, legal entities and individuals, in the activities that produce the documents of the National Archival Fund of Turkmenistan.
The inclusion of non-state enterprises, institutions and organizations, public associations and individuals in the list of sources of acquisition of state archives on the basis of the contract.
Prohibited acquisition of museums, libraries, research institutions and associations of archives, religious organizations and the private archives of the citizens of the state of the original documents of the National Archival Fund of Turkmenistan.


Article 20. Order and terms of keeping the Turkmen National Archival Fund documents in the departmental archives


1. The procedure for the temporary storage of Turkmenistan National Archival Fund documents set the Main Archive Department.
2. The following terms of storage of documents of the National Archival Fund of Turkmenistan in the departmental archives to transfer to the state archives:

1) to the highest bodies of state authority and administration of national importance - the Office of the President of Turkmenistan, the Mejlis, Cabinet of Ministers, the Supreme Court of Turkmenistan, as well as the Prosecutor General of Turkmenistan, ministries, the Central Bank of Turkmenistan, public associations, enterprises, institutions, and organizations - 15 years;
2) for state power and government bodies, enterprises, institutions and organizations value the velayat - 10 years;
3) of the local executive authorities and local self-government, enterprises, institutions and organizations of districts, cities - 5 years;
4) for certain types of documents of the National Archival Fund of Turkmenistan:
civil status - 109 years;
Personnel documents, household books, records of notarial acts and court cases - 75 years;
Science, technology, design, engineering, patent documents - 25 years;
Cinematographic, photographic, phonographic, video materials, documents in electronic form - 3 years.
If necessary, the shelf life of these documents in the departmental archives are subject to change Main Archive Department in coordination with the relevant ministries, agencies. 3
. Documents not state of the National Archival Fund of Turkmenistan are kept by their owners (owners) of their own in accordance with this Law.


Article 21. Transmission of documents of the National Archival Fund of Turkmenistan on state storage


1. Documents of the state of the National Archival Fund of Turkmenistan on the expiry dates of the temporary storage of state power and administration, state enterprises, institutions and organizations are transferred for permanent storage in the state archives.
Public institution established in the activity audiovisual documentation is forwarded to the appropriate state archives legal deposit of audiovisual documents.
2. Documents not state of the National Archival Fund of Turkmenistan comes to the state archives on the basis of contracts concluded between the State archives and owners (owners) of these documents. 3
. All work related to the preparation and transfer of archival documents of permanent storage, including their transportation, carried out at the expense of enterprises, institutions and organizations who give the documents.

4. Upon liquidation or reorganization of enterprises, institutions and organizations of all ownership issues of further storage of Turkmenistan National Archival Fund documents are solved with the participation of the Main Archive Department. The documents do not relate to the composition of the National Archival Fund of Turkmenistan, transferred to the assignee, or the parent organization.
Enterprises, institutions and organizations, which have become the successors of the liquidated enterprises, institutions and organizations are obliged to ensure the safety, registration and use of all the documents referred to them. If no successor or parent organization documents liquidated enterprises, institutions and organizations related to the composition of the National Archival Fund of Turkmenistan, in the ordered state are transferred to the State Archives.
5. State statistics once a year in a timely manner represents a major archive management information on the establishment, reorganization and liquidation of enterprises, institutions and organizations of all forms of ownership with regard to their administrative and territorial affiliation.
6. Enterprises, institutions and organizations owned by foreign states, their legal entities and individuals, international organizations, as well as in joint ownership of Turkmenistan and foreign countries, at the termination of their activities on the territory of Turkmenistan is transmitted to the state archives documents on staff, wound on citizens Turkmenistan, as well as copies of design and construction, design, technology, production of documents.
7. For the examination of the value of documents, selecting them for permanent storage and release to the destruction of the documents with expired storage at the ministries, departments, enterprises, institutions and organizations set up an expert commission involving representatives of state archives. The order of selection for the permanent storage and release to the destruction of archival documents that have no historical value and lost practical value, set the Main Archive Department.


Article 22. Documents on staff



Enterprises, organizations and institutions of all forms of ownership, including owned by foreign states, their legal entities and individuals, international organizations, as well as in joint ownership of Turkmenistan and foreign countries, carrying out their activity on the territory of Turkmenistan, are required to wind up personnel documents citizens of Turkmenistan and to take measures for the preservation, accounting and use of these documents in order to safeguard the rights and legitimate interests of citizens.


Article 23. Procedure for scientific and technical processing, conservation and restoration of archival documents


Scientific and technical processing, preservation and restoration of archival documents are made exclusively institutions Main Archive Department.



Article 24. The state account of Turkmenistan's National Archive Fund documents


All documents of the National Archival Fund of Turkmenistan regardless of the place of their storage and departmental affiliation of centralized state accounting. The procedure for the state accounting of Turkmenistan National Archival Fund documents set the Main Archive Department.
Unique documents of the National Archival Fund of Turkmenistan are also subject to registration in the state protection list of movable cultural values.



Article 25. Preservation of documents of the National Archival Fund of Turkmenistan


The bodies of state power and administration, local executive authorities and local self-government, enterprises, institutions and organizations of all forms of ownership are required to ensure the preservation of archival documents, including documents on staff, within the prescribed period of storage.
Unique and especially valuable documents of the National Archival Fund are on a special storage mode, metering and use. These documents are copies of insurance. The procedure for referring to the unique archival documents and especially valuable, as well as create and store copies of insurance set the Main Archive Department.
Non-state enterprises, institutions and organizations to ensure the preservation of documents for the entire period of activity to address the issue of the possibility of referring them to the composition of the National Archival Fund of Turkmenistan.


Article 26. The procedure for the organization and record keeping


Ministries and departments, enterprises, institutions and organizations of all forms of ownership and associations organize and conduct office work in accordance with the provisions and regulations laid down by the Main Archive Department.




CHAPTER VI. USE OF DOCUMENTS
National Archival Fund of Turkmenistan


Article 27. The order of use of archival documents and access to them


1. The user of archival documents shall have the right to receive for the study of documents and copies of documents on all types of carriers of the National Archival Fund of Turkmenistan, reference and search tools, and information about them.
2. How to use the documents stored in the state archives, set the Main Archive Department in accordance with the law.
How to use documents in the possession of the departmental public enterprises, institutions and organizations, determined by their leaders in accordance with the rules established by the Main Archive Department.
Use of archival documents of non-governmental part of the National Archival Fund of Turkmenistan is carried out with the consent of the owner or possessor. 3
. State Archives, sectoral state funds and other state storage, departmental archives of enterprises, institutions and organizations of all forms of ownership if they have the relevant archival documents, provide free furnished in the prescribed manner archival information and copies of archival documents related to the social protection of citizens.
The state archives, museums, libraries, research institutions, enterprises archives, institutions and organizations to provide public authorities and management of archive information, copies of archival documents, necessary for the exercise of their powers, publish and archive documents exposed, prepare reference and information publications on the composition and content of the documents stored in them.
Granting of archival documents from the state archives, museums, libraries, academic institutions as evidence to law enforcement and other state bodies is carried out under the terms of their return in the prescribed manner after use. Do not make any changes in the documents provided for use.
4. Members of archival documents are personally responsible for the interpretation of the information contained in the documents, replacement, destruction of the National Archival Fund of Turkmenistan documents.

5. Restrictions on access to documents of the National Archival Fund of Turkmenistan apply to archival documents containing state, military, official, commercial and other secrets protected by law, as well as the originals of unique and high-value documents and other archival documents that are in poor physical condition.
Main Archive Department may impose restrictions in respect of individuals and entities of the states in the national archives that there are limitations to the access of citizens of Turkmenistan.
Restrictions on the use of archival documents containing information about personal and family privacy of the citizen, are set for a period of 75 years from the date of his death. Earlier this term access to such documents may be resolved by the citizen in his lifetime, and after his death - his successors.
6. Members may appeal decisions of archival institutions on the use of archival documents in the Main Archive Department, and if you disagree with his decision - in court.


CHAPTER VII. INTERNATIONAL COOPERATION


Article 28. International cooperation in the field of archives

Institutions Main archival management, public and other organizations and citizens-owners of archival documents take part in international cooperation in the field of archives, participate in international meetings and conferences on the problems of archives in the international exchange of information.


Article 29. Export and import of the Turkmen National Archival Fund documents


Export and import of the Turkmen National Archival Fund documents are carried out in accordance with the legislation of Turkmenistan.
Terms of temporary export Turkmenistan's National Archive Fund documents from Turkmenistan in cultural and other purposes determined by the legislation of Turkmenistan.
The temporary export of Turkmenistan's National Archive Fund documents from Turkmenistan in cultural and other purposes with the permission of the Cabinet of Ministers on the proposal of the Main Archive Department.
Refundable export documents of the National Archival Fund of Turkmenistan outside Turkmenistan it is prohibited.
Claimed to the permanent removal of archival documents not included in the National Archival Fund of Turkmenistan, subject to examination of their value in the manner prescribed by the Main Archive Department. Permit issued for their export Main Archive Department in accordance with the law.

Is allowed into the territory of Turkmenistan, archival documents and copies purchased or obtained legally.


Article 30. Return and exported overseas documents heritage


To archive documents Turkmenistan stranded abroad are documents archives and individuals started in Turkmenistan and have been taken out in the past for its limits, which are currently in the possession of state enterprises, institutions and organizations, public associations or individual citizens of foreign countries.
The state takes care of the return to Turkmenistan documents of its historical heritage, found themselves abroad, encourages, supports and finances the return of these values ​​as a national heritage of the Turkmen people.
Organization, carrying out and coordinating the return of archival documents of Turkmenistan by the Main Archive Department in accordance with the law and international treaties of Turkmenistan.


CHAPTER VIII. RESPONSIBILITY FOR VIOLATION OF AND CONTROL OVER EXECUTION OF THIS LAW


Article 31. Responsibility for violation of this Act


Officials and citizens who commit or have committed theft, damage, concealment, illegal destruction of the Turkmen National Archival Fund documents, and violated the rules and procedures for their conservation and use, are liable under the legislation of Turkmenistan.
The damage caused to the National Archival Fund of Turkmenistan shall be compensated in accordance with the law.


Article 32. The enforcement of this Act

The state control over the state of the Turkmen National Archival Fund documents, organization of archives and records management in government and administration, enterprises, institutions and organizations by the Main Archive Department within its competence.
Main Archive Department:
check the activities of legal entities and individuals associated with the creation, storage and use of archival documents;
Detect and prevent violations of the officials and citizens of Turkmenistan's legislation on archives and archiving;
Specifies legal and officials to the need to eliminate violations of legislation of Turkmenistan about the archives and archiving;
Draws and in the manner prescribed by law, is the appropriate organization documents on administrative violations in the archive business.

Governments and local executive authorities are obliged to consider the questions of a condition of archives and records management at the enterprises, institutions and organizations and make decisions accordingly.


CHAPTER IX. FINAL PROVISIONS


Article 33. Entry into force of this Act



1. This Law shall enter into force on the day of its official publication.

2. To declare invalid the following legislative acts of Turkmenistan:

1) Law of Turkmenistan on November 30, 2003 "On archives and archiving of Turkmenistan" (Bulletin of the Mejlis of Turkmenistan, 2003, № 4, item 45).;
2) part HHHHI Law of Turkmenistan on April 18, 2009 "On making changes and additions to the Annulment of Certain Legislative Acts of Turkmenistan" (Bulletin of the Mejlis of Turkmenistan, 2009, № 2, Article 33).;
3) Part I of the Law of Turkmenistan on November 26, 2010 "On making changes and additions to the Annulment of Certain Legislative Acts of Turkmenistan" (Bulletin of the Mejlis of Turkmenistan, 2010, № 4, p. 74).


President Gurbanguly
Turkmenistan Berdimuhamedov


Mountains. Ashgabat
4 May 2013
number 392-IV.