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Of Local Authorities

Original Language Title: О местной исполнительной власти

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The local authorities (statements of the Mejlis of Turkmenistan, 2010 г., no. 2, p. 33) (with changes made by the laws of Turkmenistan from 01.09.2011. No. 264-IV, from 03.05.2014, no. 85-V and from 23.05.2015 № 240-V) the present law defines the powers of the local authorities, the procedure for its activities and relations with other bodies and authorities, local government bodies, public associations, economic actors.
 
Chapter i. General provisions article 1. Local executive power under the Constitution of Turkmenistan, the local executive power in Turkmenistan is exercised by: in the regions-hakims velayats, cities of Mashhad (hereinafter the province)-hakims cities, districts-hakims etraps, in towns with etrap rights (hereinafter the town)-hakims cities.
 
Article 2. Representatives of the President of Turkmenistan hakims field 1. Hakims are representatives of the President of Turkmenistan in the field.
2. Hakims exercise leadership of public administration bodies in the field, enforce the Constitution, the laws of Turkmenistan, acts of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan, decrees of Mejlis of Turkmenistan.
 
Article 3. The legal basis for the activities of the local executive authorities the legal framework for the activities of local authorities is defined by the Constitution of Turkmenistan, this law and other normative legal acts of Turkmenistan.
 
Chapter II. Appointment and dismissal of the Deputy, he he, their accountability Article 4. Appointment and dismissal of he, Deputy he Brazilian, he alternates are appointed and dismissed by the President of Turkmenistan.
 
Article 5. Khyakims accountability 1. The Brazilian is accountable to the President of Turkmenistan.
2. Hakims towns and etraps podotčëtny appropriate hâkimu velayat, etrap hakims in is also relevant hâkimu of the city.
 
Article 6. Grounds for exemption, he alternates from the post he grounds for release he he, Deputy from the post are: 1) improper performance of his duties;
2) committing denigrating misconduct inconsistent with official position;
3) lack of ability to perform job functions because of illness;
4) personal request;
5) transfer to another job;
6 termination of citizenship of Turkmenistan;
7) other grounds established by the legislation of Turkmenistan.
 
Chapter III. The powers he and deputies he Article 7. General powers of the khyakims Brazilian velayat, etrap, City: 1) provides an implementation of the tasks arising from the national programmes of socio-economic and cultural development in the territory concerned;
2) coordinates the activity of managing subjects, irrespective of their form of ownership and industry on issues related to the needs of the population in goods and services, integrated economic and social development of the territory, the management of the local labour force and providing employment and labour protection;
3) promotes economic agreements between enterprises and other economic entities of all forms of ownership to attract their goods (products) and services (works) at a local market, monitors the quality of the produced in the territory of goods and services (works);
4) jointly with the ministries, other central bodies of State administration is involved in dealing with the placement, construction, reconstruction and specialization of the industrial, agricultural and other productive and social infrastructure objects in the territory concerned;
5) taking measures for the rational use, protection of lands, subsoil, waters, forests, air, flora and fauna, and other natural resources in the territory and controls in this field in accordance with the legislation of Turkmenistan;
6) manages the facilities located on territory under the jurisdiction of velayat, etrap, respectively, of the city;
7) organizes, within its competence, the implementation of programmes of privatization of State property, the reorganization of agricultural enterprises, promotes the development of small and medium entrepreneurship;
8) takes place in the order established by the legislation of Turkmenistan, transfer, conversion, and alienation of State property in the territory of the velayat, etrap, city;
9) provides the implementation measures for the social protection of the population, improvement of housing and living conditions of the of veterans, invalids, families with many children, low-income families, the material welfare of pre-school and general educational establishments, orphanages, nursing homes, health improvement and sanatorium-and-Spa institutions in the territory concerned;

10) together with the ministries and other central bodies of State administration administers the institutions of education, health, culture and sport, social security and taking steps to improve their material and technical base; administers programs of health promotion and disease prevention, improve Habitat and environmental recovery Wednesday Wednesday, the Organization of leisure and tourism development; ensure the protection and rational use of monuments of history, culture and nature;
11) organizes and supervises the holding in the territory of sanitary-epidemiological, sanitary and quarantine activities; informs the public about the environmental situation; in cases of natural disasters, epidemics, epizootics and accidents shall take the necessary measures to eliminate the consequences of accidents and ensure the safety of the public; suspends operations of enterprises, institutions, organizations, represents a threat to the environment and Wednesday resulting in violation of the law of Turkmenistan on environmental management;
12) ensures compliance with the established by the legislation of Turkmenistan on the order of operation of housing, sustainable functioning of objects of municipal and road management, trade, public catering and consumer services, electric, gas, water and other networks and facilities, communications and transport, shall take measures to provide the population with natural gas, water and electricity;
13) organizes and controls within its field of competence pursuant to legislation in the military area, direct the civil defence in the territory concerned;
14) takes measures to ensure interaction and coordinated work of State bodies, enterprises, institutions, organizations of all patterns of ownership in protecting the rights and legitimate interests of citizens, strengthen public order and the rule of law in the territory concerned;
15) regularly hears reports of the respective heads of State prevention, measures to address the causes and conditions that contribute to them. Organizing jointly with law enforcement and other agencies to review the status and prevention and taking measures for the prevention of crime in the territory concerned;
16) promotes cooperation of local police officers with the Councils of elders and other public associations;
17) introduced in the order established by the legislation of Turkmenistan, the proposals on administrative-territorial structure;
18) organizes and supervises the activities of the municipality, appoints and dismisses the specialists and other employees of local administration, organizes training, retraining and professional development;
19) oversees the work of the commissions formed by hâkimom;
20) examines treatment suggestions, statements and complaints of citizens, is organizing this work in enterprises, institutions and organizations in the territory concerned;
21) solves other questions within the competence established by the legislation of Turkmenistan.
 
Article 8. He powers the velayat Brazilian velayat: 1) directs and supervises the activities of the respective districts, towns khyakims to fulfil their tasks and exercise their functions, summarize experience, taking steps to improve the style and methods of their activities;
2) develops and submits for consideration of the Cabinet of Ministers of Turkmenistan draft programmes of socio-economic development of the territory concerned, takes part in their discussion and organizes their execution;
3) develops and submits for approval of velaâtskogo draft budget Khalk Maslakhaty velayat and budget performance report;
4) approves the programme of socio-economic development of the country and cities and reports on their implementation;
5) appoint and dismiss directors of enterprises, institutions, organizations and other entities, under the authority of velayat;
6) on the territory of the velayat serves the customer, organizes and supervises the construction necessary for sustaining social infrastructure-transport, communications, electric, gas, water, sewage treatment, providing communications and other networks and facilities;
7) organizes, regulates and controls the conducting land and water works, established by the legislation of Turkmenistan issues of land and water use, diversion, and the provision of land in ownership, possession and use, arrange for the keeping of the land and cadastral documentation;
8) within its field of competence carries out measures to strengthen the social protection of the population, at the expense of the velayat has the right to establish additional compared with the legislation of Turkmenistan, benefits to veterans, disabled people, elderly people, large, low-income families and individuals, organizing summer holidays for children;
9) carries the attribution of names of secondary schools, childcare, health and culture, objects of trade and services, sports facilities and rename them;

10) makes a presentation to the President of Turkmenistan on the appointment and dismissal of Deputy he velayat, etrap khyakims, cities and their deputies;
11) organizes vocational training, retraining and advanced training of specialists of local administration;
12) takes in the manner prescribed by the legislation of Turkmenistan, decrees on the creation, termination of activities, reorganization and renaming of a peasant Association;
13) solves other questions within the competence established by the legislation of Turkmenistan.
 
Article 9. He powers the Brazilian city, etrap, etrap towns: 1) develops and submits for approval he velayat draft programmes of socio-economic development of the city, etrap, organizes their execution;
2) develops and submits for approval of ètrapskogo, the city's draft budget Khalk Maslakhaty, etrap towns and the performance report;
3) appoint and dismiss directors of enterprises, institutions, organizations and other economic entities run by etrap, city;
4) in drawing up development programmes and annual plans etrap, city takes into account proposals of the Gengeshi, in accordance with the legislation of Turkmenistan allocates local budget allocations in the budgets of cities towns and etraps, gengeshliks, assists in the activities of the archins;
5) in the manner prescribed by the legislation of Turkmenistan, solves questions of granting of lot lands in ownership, leasing and loan, organizes works on land management, proper maintenance of water features and irrigation systems, the maintenance of the land and cadastral documentation;
6) provides for the implementation of the monitoring of the implementation of the approved programmes, projects for the construction of housing and communal services and socio-productive destination organizes examination of projects of urban ètrapskogo and village values; supports the customer in the construction and rehabilitation of social infrastructure, financed at the expense of the local budget or attracted trust funds; in accordance with established procedure gives a permission to undertake in the territory of urban planning; approves the State acceptance commissions, takes part in reception facilities housing and municipal appointments and other objects, alleges acts of acceptance into operation (prohibited commissioning) of such objects in the manner prescribed by the legislation of Turkmenistan issues the certificate of ownership of the objects in private ownership;
7) organizes a stable job and takes measures for the development of a network of institutions and organizations in the health, education, culture and sports, public utilities, Commerce, public services, public transport and other social facilities;
8) within its field of competence carries out measures to strengthen the social protection of the population, at the expense of etrap, cities have the right to establish additional compared with the legislation of Turkmenistan, benefits to veterans, disabled people, elderly people, large, low-income families and individuals, organizing summer holidays for children, decides on matters referred to it by the civil, family and marriage law of Turkmenistan;
9) makes offers hâkimu velayat on appointment to Office and release from Office the Deputy he etrap, city;
10) solves other questions within the competence established by the legislation of Turkmenistan.
 
Article 10. The powers of the deputies he Alternates he perform his powers in accordance with the distribution of responsibilities and on the instructions he shall carry out other functions.
 
Chapter IV. Acts adopted by the hâkimom Article 11. Decisions and orders of the he 1. The Brazilian within his powers in accordance with the Constitution and laws of Turkmenistan, decrees of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan and to their implementation takes a normative legal acts in the form of regulations. He acts contrary to the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan shall have no legal force.
He orders of individual and organizational-administrative nature, as well as its orders on current issues are not normative legal acts.
2. acts of the khyakims normative nature, as well as acts affecting the rights and freedoms of citizens shall be accepted upon agreement with the Cabinet of Ministers of Turkmenistan. These acts shall come into force from the moment of registration in the Ministry of Adalat Turkmenistan and communication to the public.
3. acts he cannot restrict the rights and freedoms of citizens, defined by the Constitution and laws of Turkmenistan, decrees of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan and other normative legal acts of Turkmenistan, as well as for the citizens of duties not provided for by the legislation of Turkmenistan.
4. He Acts come into effect at the moment of signing or within the period specified in the Act. This does not apply to acts of normative character, as well as to acts affecting the rights and freedoms of citizens.
 
Article 12. Suspension and withdrawal of the acts of the khyakims
 

Acts of khyakims, contradicting the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan, the Turkmen Cabinet of Ministers and other normative legal acts of Turkmenistan, shall be suspended or withdrawn in accordance with the legislation of Turkmenistan.
 
Chapter v. support activities for local authorities, article 13. Local executive body 1. Municipality of velayat, etrap, cities are the bodies of local authorities. Hakimlik is a legal entity, it is headed by the Brazilian.
2. the structure of local administration, personnel, as well as the manner of its funding are determined by the President of Turkmenistan.
3. On the building of the municipality rises national flag of Turkmenistan and placed the image of the State emblem of Turkmenistan.
 
Article 14. Tasks of local Administration Tasks of local administration are: 1) ensuring compliance with the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan, decrees of Mejlis of Turkmenistan;
2) ensuring implementation of programmes of economic, social and cultural development of the territory;
3) drafting of the local budget and submitting it for consideration and approval by the relevant authorities and to ensure its implementation;
4) in the territory of the State and labour discipline, State and public order, the protection of the rights of citizens, the constant concern for the welfare of the population, study his requests, opinions and proposals, informing relevant authorities on its findings;
5 making decisions and issued) orders taken hâkimom, forwarding them to the appropriate agencies and monitor their execution;
6) facilitate the Organization of the activities of the commissions created by hâkimom;
7) to monitor the activities of the units of local administration and coordination of their work;
8) undertake the necessary steps for the preparation and observance of the respective territory elections and referenda;
9) assisting in the activities of the Halk maslahaty and the Gengeshi, are in the territory concerned;
10) Organization of work in the consideration of petitions and applications of the citizens;
11) consideration and decision everyday and urgent issues;
12) property management of local administration;
13) other issues placed Turkmenistan legislation administered by the municipality.
 
Article 15. The rights and obligations of experts municipality 1. Local administration specialists have the right: 1) to the enjoyment of the rights and freedoms guaranteed by the Constitution of Turkmenistan, this law and other laws of Turkmenistan;
2) within the limits of their authority to participate in the consideration of issues and decisions, require from relevant agencies and officials;
3) receive in the prescribed manner, the information needed to perform their duties;
4) to perform their duties in accordance with the established procedure to visit enterprises, institutions and organizations;
5) in accordance with the established procedure submit proposals to improve the forms and methods of work of local administration;
6) for promotion at work (service) in accordance with the profession, professional qualifications and skills;
7) on vocational training and retraining, improvement of professional skill;
8) to healthy and safe working conditions;
9) on social and legal protection;
10) to pension and social security;
11) to enjoy other rights provided by the legislation of Turkmenistan.
2. the municipality shall: 1) respect the Constitution of Turkmenistan, the present law and other legislative acts of Turkmenistan;
2) to contribute to the stability and cohesion in society and the State;
3) to protect and respect the rights, freedoms and lawful interests of Turkmenistan citizens and legal persons;
4) petitions, proposals, statements and complaints, in the manner and terms established by the legislation of Turkmenistan, and to take the necessary measures on them;
5) exercise its powers within the limits set by the legislation of Turkmenistan;
6) to comply with Government and labour discipline, the rules of ethics;
7) within its competence to comply with the orders and setting the heads, decisions and instructions of the parent agencies and officials;
8) systematically report to the supervisor of the work being done to carry out their duties;
9) keep state and other secret protected by the law, as well as not were disclosed in connection with the performance of duties of information affecting privacy, honour and dignity of citizens;
10) ensure the protection of State property;
11) in order to effectively increase performance skills and business skills;
12) to carry out other responsibilities established by the legislation of Turkmenistan.
 
Chapter VI. Relationship with local executive authorities central bodies of State administration, local government representative bodies and bodies of local self-government, public associations and economic entities, article 16. The relationship of local executive authority with the ministries and other central bodies of State administration
 

1. In matters of public administration, socio-cultural and economic construction, strengthen the rule of law and the rule of law, discipline and organization of local executive power interacts and provides a coherent work with ministries and other central bodies of State administration.
2. Appointment and dismissal of Directors of enterprises, institutions, organizations and other economic entities velaâtskogo level, under the authority of ministries and other central State administration bodies shall be made in agreement with the hâkimom of the velayat.
Appointment and dismissal of Directors of enterprises, institutions, organizations and other economic entities, ètrapskogo city level under the jurisdiction of ministries and other central bodies of State administration, produced in consultation with hâkimom, etrap towns.
3. Differences arising among ministries and other central bodies of State administration and hâkimami velayats, are resolved by the Cabinet of Ministers of Turkmenistan.
 
Article 17. The relationship of local executive authority with representative local authorities and bodies of local self-government 1. Local executive power within their terms of reference, established by the Constitution of Turkmenistan, this law and other legislative acts of Turkmenistan, has been working with the representative bodies of the local authorities and local self-government bodies.
2. Local executive power promotes the activity of representative bodies of local power and bodies of local self-government. The intervention of the khyakims issues falling within the purview of the representative bodies of local power and bodies of local self-government shall not be permitted.
 
Article 18. Relationship between local authorities and public associations and religious organizations of local executive power on matters within its competence, shall be brought into relationship with the voluntary associations and religious organizations, and in accordance with the legislation of Turkmenistan and their statutes shall provide the necessary assistance in their activities.
 
Article 19. The relationship of local executive authority with enterprises, institutions, organizations and other economic agents outside the local economy 1. The relationship of local executive authority with enterprises, institutions, organizations and other economic entities, not forming part of the local economy of the administrative-territorial unit, regardless of the form of ownership and departmental subordination are determined in accordance with the legislation of Turkmenistan.
2. businesses, other entities, regardless of the form of ownership and departmental subordination, agree with the corresponding local executive power conducting activities that can cause adverse social, environmental and other negative consequences.
3. For matters falling within its competence, the Brazilian can hear the heads of enterprises, institutions, organizations and other economic entities, irrespective of their form of ownership or affiliation, to make proposals to the relevant parent bodies.
 
Chapter VII. Final provisions Article 20. Legal guarantees of activity he 1. The State shall guarantee conditions for hâkimu smooth and proper exercise of its powers, protects the rights and legitimate interests, life, honour, dignity and integrity he.
2. The Brazilian could not be brought to criminal responsibility, arrested or otherwise deprived of liberty, measures of administrative punishment imposed by a Court of law without the consent of the President of Turkmenistan.
3. Criminal proceedings against he may be initiated only by the Prosecutor General of Turkmenistan.
4. Not allowed inspection service or residential premises, official or personal vehicle he owned things, as well as personal searches without the authorization of the General Prosecutor of Turkmenistan.
 
Article 21. Limitations associated with working in the post he 1. In accordance with the Constitution and laws of Turkmenistan the Brazilian may not simultaneously be a Deputy of the Majlis of Turkmenistan, a member of the velaâtskogo, ètrapskogo, urban Gengeša, Member of the Khalk Maslakhaty.
2. The Brazilian may not engage in any other paid activity, except for creative teaching and research work.
3. it is prohibited to collaborate with persons he in close relationship or property (parents, spouses, brothers, sisters, sons, daughters, parents, brothers, sisters and children of both spouses).
 
Article 22. The responsibility of the Brazilian he is personally answerable to the President of Turkmenistan for socio-economic development of the territory concerned, providing the population with food and consumer goods, water, natural gas, electricity and other utilities, the State of affairs in the areas of health, education, social welfare, law and order, public transport, improvement of cities, towns and villages, as well as the situation in other areas on its territory.
 

Article 23. The enactment of this law 1. This law shall enter into force from the day of official publication.
2. From the date of entry into force of this law shall be declared null and void: 1) the law of Turkmenistan "on the khyakims, adopted November 24, 1995 onwards (statements of the Mejlis of Turkmenistan, 1995, no. 3, p. 36);
2) Turkmenistan law "on amending the law of Turkmenistan" on the khyakims, "adopted September 27, 1996 GODA (Statements of the Mejlis of Turkmenistan, 1996, no. 3, art. 58);
3) part two of the Turkmenistan law "on introducing amendments and addenda to some legislative acts of Turkmenistan, adopted March 28, 2002 GODA (Statements of the Mejlis of Turkmenistan, 2002, no. 1, art. 7);
4) first part of the Turkmenistan law "on introducing amendments and addenda to some legislative acts of Turkmenistan" adopted July 3, 2007 year (statements of the Mejlis of Turkmenistan, 2007, no. 3, p. 54).
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat May 10, 2010, # 109-IV.