On Refugees

Original Language Title: О беженцах

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On refugees (statements of the Mejlis of Turkmenistan, 2012, no. 3-4, art. 62) (with amendments of Act No. 91 13.06.2014-V) this law determines the procedure and conditions for the recognition of a person as a refugee in Turkmenistan, its legal status, establishes the legal, economic and social guarantees for the protection of refugee rights.
 
Chapter i. General provisions article 1. Basic concepts in this Act uses the following concepts: 1), a refugee is a person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is in Turkmenistan and could not enjoy the protection of their country or unwilling to enjoy such protection, owing to such fear; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or unwilling to return to it, owing to such fear;
2) place of temporary stay-the seat of the person who applied for refugee status, and members of his family;
3) refugee certificate "means a document under the established form of identity of the person who has been granted refugee status in Turkmenistan;
4) a travel document for a refugee-document standard that provides a refugee the right to leave Turkmenistan and Turkmenistan;
5) a temporary certificate of registration of an application for refugee status is an identity document and confirming the legality of stay of a person in the territory of Turkmenistan in the period of consideration of applications for refugee status;
6) refugee status-the legal status of a person recognized as a refugee in Turkmenistan, certain legislation of Turkmenistan.
 
Article 2. The legislation of Turkmenistan on refugees, the legislation of Turkmenistan on refugees is based on the Constitution of Turkmenistan, the universally recognized principles and norms of international law and consists of this law and other normative legal acts of Turkmenistan.
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. Refugee rights guarantees 1. A person is exempt from liability for illegally entering and staying illegally in the territory of Turkmenistan if, arriving with a territory where his life or freedom were at risk, without delay will ask the representatives of public authorities and local self-government, control of Turkmenistan to apply for refugee status.
2. a refugee pending a decision on his request has the rights and duties under this Act.
3. A refugee may not be returned against his will to the country which he left, except for cases related to the protection of the interests of national security or public order.
4. Decisions and actions of government bodies, local authorities and officials, which violate the rights of refugees, established by the legislation of Turkmenistan may be appealed to higher authorities or in court.
 
CHAPTER II. Acquisition, loss or deprivation of REFUGEE STATUS, Article 4. Application 1. For acquiring refugee status, the person must apply to the authorities of the State migration service of Turkmenistan (hereinafter-migration service bodies).
2. an application for refugee status must be registered by the authority of the immigration service from the date of its filing, with the issuance of a provisional certificate of registration of such an application.
Form a temporary certificate of registration of an application for refugee status is approved the State migration service of Turkmenistan.
3. a person who has been forced to illegally cross the State border of Turkmenistan with the intention of acquiring refugee status, submits an application for refugee status to the migration service through the relevant Department of the State border service of Turkmenistan. Border services guide is obliged to immediately deploy the resulting application migration service. Person in case of emergency mass arrival in Turkmenistan are placed in the order determined by the legislation of Turkmenistan, in temporary reception, where registered its migration service authorities and provided proof of registration.
4. border service officials are obliged to provide information on persons requesting the procedure and conditions for the granting of refugee status.
 
Article 5. The rights and duties of persons whose application for refugee status was registered 1. After registration, applications for refugee status the person who filed the petition, and members of his family during the adoption of the decision on the application shall have the right to: 1) free of charge by an interpreter in respect of matters relating to the granting of refugee status;
2) receive information about the recognition of refugees about their rights and obligations, as well as other information in accordance with this clause;
3) a temporary licence, confirming the consideration of applications for refugee status;
4) free travel and baggage to the place of temporary residence;

5) use of housing provided in paragraph temporary accommodation, and receive free meals;
6) free use of the health care and social services at the paragraph of temporary accommodation;
7) temporary employment or training;
8) release in accordance with the legislation of Turkmenistan from the payment of duties, taxes and fees associated with the procedure for granting refugee status, smuggling personal possessions;
9) free of charge legal assistance on refugee status.
2. a person whose application for refugee status was registered, and the members of his/her family shall be obliged to: 1), to submit to the authority of the immigration service, reviewing application for refugee status, the information required for the consideration of such an application;
2) on receipt of a direction to serve in temporary accommodation and within three working days to register with the migration service body;
3) comply with the established by the legislation of Turkmenistan paragraph policies of temporary accommodation;
4) to undergo a medical examination at the request of health officials and comply with their provisions.
 
Article 6. Procedure for consideration of applications for refugee status 1. Consideration of applications for refugee status by the State migration service of Turkmenistan within three months from the date of filing of the petition.
2. following the examination of applications for refugee status the State migration service of Turkmenistan in agreement with the Cabinet of Ministers of Turkmenistan shall take one of the following decisions: 1) for refugee status;
2) refusal to grant refugee status.
3. The State migration service of Turkmenistan, the results of the review of applications for refugee status shall inform the applicant in writing within three working days.
4. a person who has been granted refugee status, shall be issued within ten days of the established sample identity. Based on request of the person who has been granted refugee status, he issued travel documents. Registration of refugee identity and travel document for a refugee shall be made without payment.
5. upon refusal to grant refugee status to the applicant shall be communicated to the motives of refusal, as well as the procedure and term for appeal against the decision not to grant him refugee status.
 
Article 7. The conditions under which refugee status is not granted refugee status shall not be granted to any person in respect of whom there are serious reasons for considering that: 1) has committed a crime against peace, a war crime or a crime against humanity, as defined in the international instruments drawn up to make provision in respect of such crimes;
2) has committed a serious non-political crime outside Turkmenistan before being admitted to Turkmenistan as a refugee;
3) is guilty of acts contrary to the purposes and principles of the United Nations.
Refugee status shall not be granted to a person also: 1) for which the competent authorities of the State where they live, are recognized and respected the rights and responsibilities of citizenship of that State;
2) before arriving in Turkmenistan, located in the State where they could seek asylum in accordance with the established procedure or make refugee status or has been granted asylum.
 
Article 8. The principle of family unity If one member of the family was granted refugee status in the order established by this law, members of his family also get refugee status in accordance with the principle of family unity.
Each family member separately from other members of the family can apply for refugee status.
 
Article 9. Loss or deprivation of refugee status 1. A person shall lose refugee status if he or she: 1) once again voluntarily availed themselves of the protection of the country of his nationality or 2) having lost his nationality, again voluntarily acquired, or 3) has acquired a new nationality and enjoys the protection of the State of new nationality, or 4) once again voluntarily settles in the country which he left or outside which it was due to fear of persecution, or 5) can no longer refuse order to benefit from the protection of the country of his nationality or the circumstances under which it was granted refugee status no longer exist.
2. A person is deprived of refugee status if he or she: 1) has acquired refugee status as a result of submission of false information or forged documents;
2) participates in activities threatening national security or public order;
3) engages in activities contrary to the purposes and principles of the United Nations.
3. Decision about deprivation of refugee status is communicated to the person lišënnogo refugee status in writing within ten days, together with an indication of the grounds, as provided in this clause, and the order of the appeal.
 
Article 10. Appeal against a decision to refuse refugee status or revoking the earlier decision on the granting of refugee status, a decision to refuse refugee status or revoking the earlier decision on the granting of refugee status may be appealed against in court within one month from the date of receipt of the decision.
 
CHAPTER III. LEGAL REFUGEE STATUS
 

Article 11. Refugee rights 1. A person who has been granted refugee status, shall enjoy the same rights and freedoms and bear the same obligations as citizens of Turkmenistan, within the limits established by normative legal acts of Turkmenistan.
2. a person who has been granted refugee status, shall have the same rights to: 1) choice of residence from the drop-down list of locations;
2) residence with relatives when their consent;
3) work, acquisition of property under the conditions provided for by the legislation of Turkmenistan of foreign nationals and stateless persons;
4) education;
5) use of cultural heritage;
6) free practice of religion;
7) with the assistance of the relevant authorities information about relatives living in his country, and on abandoned property There;
8) equipment, prepared by machines brought them with him to the territory of Turkmenistan, as well as the acquired property in another country in which he is granted the right of entry for residence;
9) voluntary return to their country of origin or transfer to any third country;
10) judicial protection against attacks on their honour, dignity and freedom, life and health, housing, and personal property and non-property rights;
11) acquisition of citizenship of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
Article 12. Refugee Refugee responsibilities must observe the Constitution of Turkmenistan, this law and other normative legal acts of Turkmenistan to comply with the legitimate demands of State bodies and officials to respect the traditions of the people of Turkmenistan.
 
CHAPTER IV. FINAL PROVISIONS Article 13. Responsibilities of public authorities and local government management in respect of a refugee to the State authorities and local government management must: 1) provide a list of refugee settlements, as defined by the Cabinet of Ministers of Turkmenistan and recommended for information about living conditions and employment opportunities in these localities;
2) provide refugee arrived in the migration service body in the place of residence, temporary accommodation;
3) to refugee assistance in joining the housing cooperative, individual housing construction, including the acquisition of land and building materials;
4) provide refugee assistance in job placement, if necessary, enable it to training, further training and retraining;
5) host, on a priority basis refugee lone elderly and disabled persons in need of constant care, institutions for social protection;
6) to assist in the placement of children of refugee in pre-school and general educational establishments;
7) ensure refugee medical assistance and medicines in accordance with the legislation of Turkmenistan;
8) to provide a refugee at his request to return to the country of his former habitual residence.
 
Article 14. Fund assistance to refugees 1. In order to ensure refugees favourable material conditions and the reimbursement of expenses related to their stay in the territory of Turkmenistan, establishes a Fund for assistance to the refugees. The use of the Fund assistance to refugees is carried out in the manner prescribed by the legislation of Turkmenistan.
2. the Fund is formed at the expense of funds received from foreign Governments and international organizations on the basis of treaties and agreements concluded by Turkmenistan, voluntary donations from domestic and overseas enterprises, organizations, public associations, private individuals, as well as from other sources, determined by the President of Turkmenistan.
 
Article 15. Source of repayment of the costs associated with taking and resettlement refugees 1. The costs associated with taking and resettlement of refugees in the territory of Turkmenistan shall be reimbursed at the expense of the refugee fund.
2. reimbursement of Turkmenistan Issues related to reception and resettlement of the refugees will be settled on the basis of contracts concluded by Turkmenistan with foreign States and international organizations.
 
Article 16. The participation of foreign States and international organizations on refugees in the procedure for granting refugee status and termination 1. International cooperation in dealing with refugees, Turkmenistan conducts with foreign States, the Office of the High Commissioner for refugees, the United Nations and other international organizations.
2. International Organization for refugees participate in the procedure for granting and termination of refugee status as observers with the right to full access to all personal business.
3. the observer for the International Organization for refugees shall have the right to participate in the consideration of applications for refugee status and to express an opinion on specific cases as well as on respect for the rights of refugees.
 
Article 17. Responsibility for violation of this Act, the violation of this law entails responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 18. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
2. to consider as null and void:

1) Turkmenistan law "on refugees" adopted June 12, 1997 year (statements of the Mejlis of Turkmenistan, 1997, no. 2, p. 18);
2) Turkmenistan law "about entry of changes and additions in the law of Turkmenistan on refugees, adopted October 1, 2011 year (statements of the Mejlis of Turkmenistan, 2011, no. 4, p. 83).
 
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 4, 2012 year no. 311-IV.
 

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