About sanatorium case

(Bulletin of the Mejlis of Turkmenistan, 2012, number 3-4, art. 61)
This Law defines the principles of the state policy in the field of health resort business and regulates relations in the field of study, use, development and protection of natural healing resources and resorts in Turkmenistan.


CHAPTER I. GENERAL PROVISIONS



Article 1. Basic concepts


In the present Law the following basic concepts:
1) natural healing resources - mineral water, mud, brine of estuaries and lakes, healthy climate, and other natural objects and conditions used for the treatment and prevention of diseases and recreation;
2) Resort - mastered and used in health care to specially protected natural area, with its natural healing resources and the need for their facilities management, including infrastructure;
3) resort area - a territory with a compact arrangement of her resorts, united the common areas of sanitary protection;
4) spa business - collection of all kinds of scientific and practical activities of the organization and implementation of treatment and prevention of disease through the use of natural medicinal resources;
5) sanitary protection area - specially protected natural territory with the regime established by the legislation of Turkmenistan economic, living, natural resources, ensuring the protection and conservation of natural medicinal resources and resorts with adjacent areas from pollution and premature depletion;
6) users - physical and legal entities engaged in the development and use of natural medicinal resources on the basis of the license;
7) development plan and the use of natural medicinal resources - a project document that prescribes technical methods and volume of extraction and use of natural medicinal resources, rules of loss and ways to preserve and improve the therapeutic properties of these resources in the operation;
8) Resort Fund of Turkmenistan - the collection of all identified and taken into account of natural medicinal resources, natural areas recreational purposes, resorts and resort areas.

Article 2. Legislation of Turkmenistan on sanatorium case

1. Legislation of Turkmenistan on sanatorium case based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan.
2. If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.

Article 3. Scope of this Law


1. This Law shall apply to relations connected with the protection and use of natural medicinal resources and Resorts Turkmenistan.
2. Property relations in the field of protection and use of natural medicinal resources, health resorts are governed by civil legislation of Turkmenistan, unless otherwise provided by this Act.


Article 4. The main objectives of this Act

The main objectives of this law is to establish state guarantees of citizens' constitutional right to health care and recreation, creation of favorable conditions for the protection and study of natural medicinal resources of the country, treatment, disease prevention and the rest of the population based on their use.



Article 5. Recognition of the resort


1. Recognition of the resort is made depending on its significance by the Cabinet of Ministers of Turkmenistan, the relevant body of local executive authorities on the basis of special balneological, hydro-geological and other studies.
2. Resorts Turkmenistan can be international, national or local importance.
Resort of international or national importance, the decision of the Cabinet of Ministers on the proposal of the authorized state body in the field of health (hereinafter - the authorized body) and the trade union body.
Local resort is formed body of the decision of local authorities in coordination with the authorized body and trade union body. 3
. The order and the peculiarities of the resort determined by the position of it to be approved depending on the value of the authorized body or the body of local executive authorities in coordination with the trade union body.



Article 6. Support for development of resorts in Turkmenistan


Supporting the development of resorts in Turkmenistan is carried out in accordance with national development programs sanatorium case.

Chapter 2. STATE REGULATION
SANATORIUM BUSINESS



Article 7. State regulation sanatorium case

State regulation sanatorium case realized by the Cabinet of Ministers of Turkmenistan, the authority and local executive authorities within their powers.

Article 8. Powers of the Cabinet of Ministers of Turkmenistan

The Cabinet of Ministers of Turkmenistan in the sphere of health resort business:
1) ensure the implementation of a uniform state policy in the field of spa treatment and rest;

2) shall take a decision on the formation of the resort's international and national significance;
3) sets the size, boundaries and regime of sanitary protection of resorts of international and national importance;
4) approve the national program for the development of spa business;
5) organizes the state examination of development programs resorts and resort areas of proven reserves of natural medicinal resources;
6) approve the procedure for the use of natural medicinal resources for the organization of treatment and prevention of diseases, as well as the rest of the population;
7) carry out international cooperation in the field of study and use of the resource potential of resorts and resort areas;
8) perform other functions within its competence.

Article 9. Powers of the authorized body

The authorized body in the field of spa business:
1) coordinates the activities of state authorities, the local authorities for the implementation of state policy in the field of spa treatment and rest;
2) leads the state accounting fund resort of Turkmenistan and the State Register of natural areas and recreational destination resort, including spa facilities;
3) in conjunction with the trade union body:
a) developing a draft national programs for the development of spa business and submits them for approval to the Cabinet of Ministers of Turkmenistan;
B) establishes rules for the use of natural medicinal resources for the organization of sanatorium treatment, treatment and preventive and remedial actions;
C) governs your use of the resorts;
G) provides training and retraining of personnel in the field of spa business;
4) coordinates the activities for the implementation of national programs for the development of spa business;
5) organizes scientific research in order to expand the spa Fund of Turkmenistan and increasing the efficiency of its use, the development of evidence-based recommendations for the use of natural medicinal resources;
6) establishes the procedure and rules of logistics resorts and spa facilities;
7) monitors the protection and rational use of natural medicinal resources, health resorts of Turkmenistan;
8) perform other functions within its competence.

Article 10. Powers of local authorities

Local executive authorities in the field of spa business:

1) in coordination with the authorized body and trade union body shall take a decision on the formation of local resort;
2) set the size, boundaries and regime of sanitary protection of local resorts;
3) they participate in the implementation of national programs for the development of spa business;
4) exercise control over the protection and rational use of natural medicinal resources, local resorts;
5) perform other functions within their powers.

Chapter 3. Features of use of natural medicinal resources


Article 11. Establishment of the therapeutic properties of natural medicinal resources and their classification

1. The healing properties of medicinal resources shall be established on the basis of scientific research, years of practice.
2. Classification of natural healing resources, medical indications and contraindications to their use in therapeutic and prophylactic purposes approved by the competent authority.


Article 12. Ownership of the natural medicinal resources



1. Natural curative resources are state property.

2. The issues of ownership, use and disposal of natural healing resources are the responsibility of the Cabinet of Ministers of Turkmenistan.



Article 13. Provision of natural medicinal resources

1. Natural curative resources are provided to users for the organization of sanatorium treatment, disease prevention and health rehabilitation activities, as well as for recreation. Mineral water can also be used for industrial bottling.
2. The Cabinet of Ministers of Turkmenistan, in exceptional cases, if a positive conclusion of the environmental and sanitary-epidemiological expertise allows the use of natural medicinal resources for purposes not related to treatment, prevention, and public holidays, if it does not inflict damage to the resort and recreational potential of the territories concerned. 3
. Natural curative resources are available for use for the organization of treatment and prevention of diseases, as well as for recreation in accordance with the procedure approved by the Cabinet of Ministers of Turkmenistan.


Article 14. Exploitation of mineral waters and therapeutic muds, and the use of other natural medicinal resources

1. Mineral water, curative mud and other natural medicinal resources are developed in accordance with the license.

2. The volume of produced mineral water, therapeutic mud, as well as other minerals, ascribed to the category of natural medicinal resources, are limited by approved commercial reserves and the timing of their operation. Techniques used in the exploitation of these natural medicinal resources, based on the technological schemes of their development. The quality of natural medicinal resources is regulated by special medical reports, defining CONDITIONING content useful and harmful to the human component. 3
. production technology, production and use of mineral water, therapeutic mud, as well as other minerals, ascribed to the category of natural medicinal resources, must guarantee the protection of deposits from premature depletion and pollution and the protection of mineral resources from loss of therapeutic properties.


4. Mineral water and mud, used in the treatment process, in order to prevent pollution of the environment shall be disposed of in accordance with the sanitary standards in special underground cavities or storage.


Article 15. Termination, suspension and limitation of the right of use of natural medicinal resources

1. In case of violation of the rules of natural medicinal resources right of use of natural medicinal resources may be terminated, suspended or limited in accordance with the law.
2. Termination, suspension or limitation of the right of use of natural medicinal resources does not exempt the perpetrators of other types of liability provided by the legislation of Turkmenistan.



Chapter 4. HEALTH PROTECTION OF NATURAL
MEDICAL RESOURCES AND RESORTS


Article 16 Organization of sanitary protection of natural medicinal resources and resorts



1. Natural curative resources, spas and their lands are, respectively, the specially protected natural sites and protected areas. Their protection is carried out through the establishment of sanitary protection.
The outer contour of the county sanitary protection is the resort boundary, the resort area.
2. The decision on the formation, size, boundaries and regime of sanitary protection district Resorts international and national importance adopted by the Cabinet of Ministers on the proposal of the authorized body and the trade union body and the local resorts - local executive bodies.
3
. As part of the county sanitary protection are up to three zones.

In the territory of the first zone is prohibited accommodation and all kinds of economic activities, except for the works related to research and the use of natural medicinal resources in the medical and recreational purposes, provided the use of environmentally friendly and sustainable technologies.
In the territory of the second zone is prohibited placement of facilities and installations which are not directly related to the creation and development of the sphere of spa treatment and rest, as well as the performance of work, polluting the environment, natural healing resources and leading to their depletion.
On the territory of a third zone imposes restrictions on the placement of industrial enterprises and agricultural organizations and structures, as well as to engage in economic activity, accompanied by environmental pollution, natural medicinal resources and leads to their exhaustion.
4. Ensuring the established regime of sanitary protection is carried out: in the first zone - users, in the second and third zones - users, land users and citizens living in these areas.
5. Sanitary measures and the elimination of hot spots in the districts of sanitary protection are carried out at the expense of users, land managers, and citizens who have violated the regime of sanitary protection.
6. Control and supervision of the provision of sanitary protection of natural medicinal resources and resorts carry within their competence authorized bodies of state power and administration, local executive authorities and local self-government.



Chapter 5. Spa facilities



Article 17. The creation, reorganization, termination of activity of sanatorium establishments



1. Creation, reorganization, termination of activity of sanatorium establishments are performed in accordance with the law.
2. Reorganization of the spa facilities is carried out with the preservation of their medical and health expertise.



Article 18. Status of spa facilities


Spa facilities engaged in the healing process, have the status of health care facilities and operate on the basis of a license for medical practice obtained in the manner prescribed by the legislation of Turkmenistan.



Article 19. The main tasks of spa facilities



The main tasks of the spa facilities are:

1) organizing and conducting treatment, treatment and prevention, remediation and recreation at the present level;


2) implementation of the relevant international standards recreational and restorative treatments and health promotion based on the modern medical equipment and innovative technologies;

3) the integrated use of natural medicinal resources and treatment and recovery resources of Turkmenistan;

4) to study the influence of features therapeutic and preventive measures carried out in the conditions of sanatorium treatment, to enhance public health;

5) international cooperation in the field of spa treatment and recreation.









Article 20. Types of spa facilities services





Spa facilities offer the following spa services:

1) medical and diagnostic services;

2) Balneotherapy;

3) climatotherapy;

4) gryazoterapiya;

5) physical therapy;

6) dietaterapiya;

7) herbal medicine;

8) non-traditional treatment;

9) the organization of leisure;

10) other treatments based on the use of natural medicinal resources of Turkmenistan.



Article 21. The order of building sanatoriums


1. Spa facilities are within the limits of resort natural territories.

2. sanatoriums for treatment and prevention activities, and recreation of the population are provided in accordance with the law the land and other natural resources.
3. The development of the territory of sanatorium establishments shall be subject to the rules established by the legislation of Turkmenistan for the relevant work on specially protected natural territories.
4. Spa facilities use buildings, structures and other property solely for the purpose of treatment, disease prevention, and recreation of the population, unless otherwise stipulated by the legislation of Turkmenistan.




Article 22. Basis of economic activity spa facilities

Activities sanatoriums carried out on self-supporting basis in accordance with the law.

Article 23. Accounting and reporting in sanatoria and health resorts

Spa facilities organized bookkeeping, preparation and presentation of financial and statistical reporting in accordance with the law.


Chapter 6. FINAL PROVISIONS


Article 24. International cooperation in the field of spa business


1. International cooperation in the field of spa business is carried out in accordance with the law and international treaties of Turkmenistan.
2. The authorized body, spa facilities of Turkmenistan within its competence, shall co-operate with the relevant spa facilities of foreign states on the study, the use of natural medicinal resources, development and improvement of the resorts activities.


Article 25. Resolution of disputes


1. The debate on the use and protection of natural medicinal resources and resorts, as well as property disputes, including those related to compensation for damage caused by natural medicinal resources and resorts, as well as human health, are subject to judicial review.
2. International disputes in the use and protection of natural medicinal resources and Resorts Turkmenistan resolved in accordance with the legislation of Turkmenistan.

Article 26. Responsibility for violation of this Act

Violation of this law entails responsibility established by the legislation of Turkmenistan.


Article 27. Entry into force of this Act

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


President Gurbanguly Berdimuhamedov of Turkmenistan


Mountains. Ashgabat
4 August 2012
number 310-IV.