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On International Treaties Of Turkmenistan

Original Language Title: О международных договорах Туркменистана

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On international treaties of Turkmenistan (statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 32) this law determines the procedure for the conclusion, implementation and termination of international treaties to which Turkmenistan is a party, aims to promote the realization of the purposes and principles of the foreign policy of Turkmenistan proclaimed and guaranteed in the Constitution of Turkmenistan.
 
I. General provisions article 1. The scope of this law 1. International treaties of Turkmenistan are executed and terminated in accordance with the universally recognized principles and norms of international law, provisions of an international treaty, the Constitution of Turkmenistan and the present law.
2. the present law the order of conclusion, implementation and termination of international treaties to which Turkmenistan is a party applies to all international treaties of Turkmenistan, regardless of their forms and names (Treaty, agreement, Convention, Covenant, Protocol, exchange of letters or notes, different forms and names of treaties).
 
Article 2. International treaties of Turkmenistan 1. International treaties of Turkmenistan are concluded they treaties with foreign States and international organizations on various issues of mutual and international relations, establishing its participants the international rights and obligations.
2. international treaties of Turkmenistan are on behalf of: (a)) of Turkmenistan-Interstate;
b) Cabinet of Ministers (Government) of Turkmenistan-intergovernmental;
in) ministries and departments-interdepartmental.
 
Article 3. Ways of expressing consent to be bound by the international treaties of Turkmenistan Agreement Turkmenistan to be bound by the international treaty may be expressed by the signing of the Treaty, exchange of instruments constituting a treaty, ratification, approval, accession or by any other means if so agreed, the Contracting Parties.
 
Article 4. The ratio of the universally recognized norms of international law, the international treaties of Turkmenistan and the Turkmenistan legislation in force at the conclusion and execution of international treaties of Turkmenistan, guided by the universally recognized principles and norms of international law.
If an international treaty to which Turkmenistan stipulates other rules than those stipulated by the legislation of Turkmenistan, then the provisions of the international treaty shall apply.
 
II. conclusion of INTERNATIONAL TREATIES to which TURKMENISTAN is Article 5. Proposals for the conclusion of international treaties to which Turkmenistan is a party 1. Proposals for the conclusion of international treaties to which Turkmenistan is a party on the interstate and intergovernmental levels shall be submitted by the Ministry of Foreign Affairs of Turkmenistan respectively President of Turkmenistan or the Cabinet of Ministers of Turkmenistan.
2. The proposal for the conclusion of international treaties to which Turkmenistan is a multisectoral shall be submitted to the Cabinet of Ministers of Turkmenistan ministries and departments of Turkmenistan, together with the Ministry of Foreign Affairs of Turkmenistan or in agreement with him.
3. international treaties of Turkmenistan, establishing rules other than those contained in the legislation of Turkmenistan, shall be submitted to the President of Turkmenistan or the Cabinet of Ministers of Turkmenistan in agreement with the Ministry of Adalat.
4. Proposals for the conclusion of international treaties to which Turkmenistan is a party prior to their submission to the President of Turkmenistan or the Cabinet of Ministers of Turkmenistan shall be agreed with the ministries and departments of Turkmenistan.
 The proposal for the conclusion of an international treaty must contain a draft treaty or its main points and rationale for its conclusion.
Such a proposal regarding a multilateral international treaty should also contain a list of States parties to the Treaty, as well as, where appropriate, the text of reservations of Turkmenistan and their rationale.
 
Article 6. The decision to conduct the negotiations and the signing of international treaties of Turkmenistan decisions on the conduct of negotiations and the signing of international treaties of Turkmenistan: a) President-regarding interstate and intergovernmental agreements;
b) the Cabinet of Ministers of Turkmenistan in respect of treaties of interdepartmental nature.
 
Article 7. Authority to negotiate and sign international treaties to which Turkmenistan is a party 1. Authority to negotiate and sign international treaties of Turkmenistan issued a) President of Turkmenistan in respect of interstate and intergovernmental agreements;
b) the Cabinet of Ministers of Turkmenistan in respect of treaties of interdepartmental nature.
2. Authority to negotiate and signing international treaties of Turkmenistan may be extradited: a) the Chairman of the Mejlis of Turkmenistan-in respect of international treaties;
b) Vice-Chairmen of the Cabinet of Ministers of Turkmenistan in respect of intergovernmental agreements;
the Ministers and heads of agencies)-in respect of interagency nature, except as provided by paragraph 2 of article 8 of this law.

3. Authority to negotiate and signing international treaties of Turkmenistan are documented in the acts of the President of Turkmenistan or the Cabinet of Ministers of Turkmenistan in accordance with their competence.
 
Article 8. Negotiating and signing international treaties of Turkmenistan without special powers 1. The President of Turkmenistan conducts negotiations and sign international treaties of Turkmenistan without special powers.
2. the Minister for Foreign Affairs of Turkmenistan, guided by the fundamental principles of the foreign policy of the State, and in accordance with the universally recognized norms of international law shall have the right to negotiate and sign international treaties of Turkmenistan without special powers.
3. the head of the diplomatic mission of Turkmenistan in a foreign State or the head of Mission of Turkmenistan with the international organization has the right to conduct negotiations without special powers for the conclusion of an international treaty to which Turkmenistan respectively with the host State, or within the framework of this international organization.
 
Article 9. Relations with foreign States or international organizations on international contracts of the Ministry and departments carry out relations with the relevant authorities of foreign States or international organizations on international treaties through the Ministry of Foreign Affairs of Turkmenistan.
The Ministry of Foreign Affairs of Turkmenistan coordinates the activity of public administration bodies on international treaties.
 
Article 10. The language of the international treaties to which Turkmenistan is a party 1. Bilateral international treaties of Turkmenistan shall be drawn up in two copies in the languages of the Contracting Parties, and both texts recognized as legally equivalent to (authentic). By agreement between the parties, an international treaty could be drawn up Additionally and in another language, or in one language only.
2. multilateral treaties involving Turkmenistan shall be drawn up either in the languages of the Contracting Parties or by arrangement-one language.
 
Article 11. Ratification of international treaties to which Turkmenistan is a party 1. Ratification of international treaties to which Turkmenistan is carried out by the Majlis of Turkmenistan.
Ratification of the international treaties of Turkmenistan are subject to: (a)) which are the fundamental human and civil rights and freedoms;
b) on friendship, cooperation and mutual assistance;
in) on the mutual non-use of force or threat of force;
g) peace treaties;
d) on territorial delimitation of Turkmenistan with other countries;
e) requiring the adoption, modification or abrogation of the laws of Turkmenistan or establish rules other than those contained in the legislation of Turkmenistan;
f) associated with the defence and security of the State;
w) multilateral long-term contracts or economic nature;
and) on the international unions and other entities.
2. Ratification of international treaties are also subject to Turkmenistan, at the conclusion of which the parties have agreed on their subsequent ratification.
 
Article 12.  Proposals on the ratification of international treaties to which Turkmenistan is a party 1. Proposals on the ratification of international treaties to which Turkmenistan is a party are submitted to the President of Turkmenistan by the Ministry of Foreign Affairs of Turkmenistan, individually or jointly, or in consultation with other ministries and departments.
2. The President shall decide on the submission to the ratification of the international treaties of Turkmenistan in Turkmen.
 
Article 13. Decisions on the ratification of international treaties to which Turkmenistan is a party 1. The Turkmen Parliament examines the submitted by the President of Turkmenistan on the ratification of the international treaties of Turkmenistan, and make decisions on them.
2 Decision of the Mejlis of Turkmenistan of ratification of international treaties to which Turkmenistan is a party are accepted in the form of a regulation. On the basis of the decision of the Majlis of Turkmenistan regarding the ratification of an international treaty, the President signs the instrument of ratification.
3. form of instrument of ratification is approved by the President of Turkmenistan.
 
Article 14. Exchange of instruments of ratification and handing them to the storage of exchange of instruments of ratification and deposit of instruments of ratification of the international treaties to which Turkmenistan is in storage depositories is carried out by the Ministry of Foreign Affairs of Turkmenistan or by his order the head of the diplomatic mission of Turkmenistan in the State or the head of Mission of Turkmenistan accreditation to an international organization or a person specially authorized by the President of Turkmenistan.
 
Article 15. Adoption of the international treaties to which Turkmenistan is a party, are not subject to ratification by the Majlis of Turkmenistan, adoption of the interstate and intergovernmental treaties to which Turkmenistan is a party, are not subject to ratification by the Majlis of Turkmenistan, but for their approval is made by the President of Turkmenistan.
Approval of international treaties to which Turkmenistan is a multisectoral produced by the Cabinet of Ministers of Turkmenistan.

International treaties of Turkmenistan, Ministry of Foreign Affairs of Turkmenistan inmates or other ministries and departments of Turkmenistan by an exchange of notes or letters shall enter into force on the date of Exchange without subsequent ratification or approval.
 
Article 16. Adherence to the treaties of accession of Turkmenistan's decision to treaties was adopted: (a)) in respect of treaties subject to ratification, by the Majlis of Turkmenistan, on the proposal of the President of Turkmenistan;
b) in relation to treaties not subject to ratification of and accession to which is made on behalf of Turkmenistan, the Cabinet of Ministers (Government) of Turkmenistan-President of Turkmenistan;
in) interdepartmental treaties-the Cabinet of Ministers of Turkmenistan.
 
III. performance of the INTERNATIONAL TREATIES to which TURKMENISTAN is Article 17. Compliance with international treaties to which Turkmenistan is a party 1. International treaties of Turkmenistan are subject to strict observance by Turkmenistan through its State organs in accordance with the norms of international law.
2. in accordance with the principle of faithful observance of international treaties of Turkmenistan is in favour of other parties to bilateral and multilateral international treaties to which Turkmenistan, strictly comply with their obligations arising from these treaties.
 
Article 18. The enforcement of international treaties of Turkmenistan President and Cabinet of Ministers of Turkmenistan shall take measures to ensure the enforcement of international treaties to which Turkmenistan is a party.
 
Article 19. The fulfilment of the obligations under the international treaties of Turkmenistan, the Turkmen Government authorities responsible for matters governed by international treaties to which Turkmenistan is a party, shall ensure implementation of the commitments made under those treaties, monitors the implementation of the Turkmenistan owned rights stemming from treaties, as well as the other parties of their obligations.
 
Article 20. General supervision of the execution of international treaties to which Turkmenistan is a General monitoring of the execution of international treaties of Turkmenistan by the Ministry of Foreign Affairs of Turkmenistan.
 
Article 21. Measures to be taken in the event of a breach of an international treaty to which Turkmenistan other participants 1. In case of a breach of obligations under an international treaty to which Turkmenistan other participants, the Ministry of Foreign Affairs of Turkmenistan, relevant government authorities of Turkmenistan, together or in agreement with the Ministry of Foreign Affairs of Turkmenistan are in Cabinet of Ministers of Turkmenistan proposals on the adoption of the necessary measures in accordance with international law.
2. In the event of a significant breach of an international treaty to which Turkmenistan other participants, as well as in other cases stipulated by the rules of international law, this contract may be terminated or suspended in the manner prescribed by articles 26-27 of this Act.
 
Article 22. Proposals on amendments and additions to legislation in connection with the conclusion of an international treaty in cases where, in order to comply with an international treaty to which Turkmenistan Turkmenistan should be enactment of laws, acts of the President of Turkmenistan or orders of the Mejlis of Turkmenistan, the interested ministries and departments, in coordination with the Ministry of Adalat and the Ministry of Foreign Affairs of Turkmenistan, in accordance with the established procedure submit to the Cabinet of Ministers of Turkmenistan proposals on the adoption of such regulatory legal acts or proposals for amendments and additions to the legislation of Turkmenistan.
 
Article 23. Entry into force of international treaties to which Turkmenistan is a party, international treaties shall come into force for Turkmenistan in accordance with this law, as well as in the manner and within the period provided for in the contract or otherwise agreed between the Contracting Parties.
 
IV. PUBLICATION, registration and storage of the INTERNATIONAL TREATIES to which TURKMENISTAN is Article 24. Publication of international treaties to which Turkmenistan is a party 1. Entered into force for Turkmenistan international treaties concluded on behalf of Turkmenistan and international treaties, accession to which performed on the basis of the regulations of the Mejlis of Turkmenistan, on the recommendation of the Ministry of Foreign Affairs of Turkmenistan, is published in the Gazette of the Mejlis of Turkmenistan, as well as in the "Turkmenistan", "neutral Turkmenistan."
2. Entered into force for Turkmenistan international treaties concluded on behalf of Turkmenistan, the Cabinet of Ministers of Turkmenistan and are not subject to ratification, published in the collection of the acts of the President of Turkmenistan and the decisions of the Government of Turkmenistan ".
3. international treaties of Turkmenistan, the authentic texts of which are in foreign languages, are published in one of these languages with an official translation into Turkish language.
4. international treaties of Turkmenistan interdepartmental published in departmental publications of the ministries and departments of Turkmenistan, on behalf of which such treaties were concluded.
 
Article 25. Registration and storage of international treaties to which Turkmenistan is a party    
 

1. registration of the international treaties of Turkmenistan in the Secretariat of the United Nations or relevant bodies of other international organizations is carried out by the Ministry of Foreign Affairs of Turkmenistan.
2. The depositary of interstate and intergovernmental agreements of Turkmenistan is the Cabinet of Ministers of Turkmenistan, and depositary of the treaties to which Turkmenistan is a multisectoral-Ministry of Foreign Affairs of Turkmenistan.
3. Originals (certified copies, official translations) of interstate and intergovernmental agreements of Turkmenistan shall be deposited in the Cabinet of Ministers of Turkmenistan within two weeks from the date of their signature (from the depositary receipt certified copies of official translations). Copies of these agreements within two weeks from the date of receipt will be sent to the Ministry of Foreign Affairs of Turkmenistan and the relevant ministries and departments of Turkmenistan.
4. The original treaties of Turkmenistan interdepartmental nature are stored in the Ministry of Foreign Affairs of Turkmenistan. Certified copies of these treaties within two weeks from the date of their receipt (receipt by the depositary of the certified copies of official translations) are sent to the relevant ministries and departments of Turkmenistan.
 
V. termination and SUSPENSION of the INTERNATIONAL TREATIES to which TURKMENISTAN is Article 26. Proposals for the termination or suspension of treaties of Turkmenistan 1. Proposals for the termination or suspension of treaties of Turkmenistan shall be submitted by the Ministry of Foreign Affairs, other ministries and departments in the Cabinet of Ministers of Turkmenistan, in accordance with the procedure laid down in article 5 of this law, to make proposals on the conclusion of an international treaty.
2. The Cabinet of Ministers of Turkmenistan submits relevant proposals to the President of Turkmenistan.
 
Article 27. Termination and suspension of international treaties to which Turkmenistan is a party 1. Termination and suspension of the ratified international treaties of Turkmenistan and treaties, accession to which was performed based on rulings of the Mejlis of Turkmenistan on the recommendation of the President of Turkmenistan or the Cabinet of Ministers of Turkmenistan, is carried out by the Majlis of Turkmenistan.
2. termination and suspension of the interstate and intergovernmental treaties to which Turkmenistan is a party, are not subject to ratification by the Majlis of Turkmenistan, is made by the President of Turkmenistan.
3. Termination and suspension of the operation of treaties interdepartmental produced by the Cabinet of Ministers of Turkmenistan.
 
VI. final provisions Article 28. The enactment of this law 1. This law shall enter into force on the day of its official publication.
2. Abrogating the law of Turkmenistan on June 15, 1995 On the procedure for the conclusion, implementation and denunciation of international treaties of Turkmenistan "(records of the Mejlis of Turkmenistan, 1995, no. 2, p. 14).
 
            Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat May 10, 2010, no. 108-IV.