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On Normative Legal Acts

Original Language Title: О нормативных правовых актах

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Regulations Act (new wording) (statements of the Mejlis of Turkmenistan, 2005, no. 3.4, p. 30) (with amendments made by the laws of Turkmenistan from 03.07.2007, no. 129-w and 01.09.2011. # 263-IV) this law determines the system of regulations, the procedure for the preparation, adoption, promulgation, promulgation, interpretation of the Constitution, laws and other normative legal acts of Turkmenistan.
 
Chapter i. General provisions article 1. The notion of a normative legal act of Turkmenistan Turkmenistan's normative legal act-official document adopted by the authorized State organ, official or by referendum, containing the indications compulsory nature, establishing, amending or repealing laws.
 
Article 2. Basic principles for norm-setting activities in WIPO norm-setting activities are founded on the principles of constitutionality, legality, the priority of the universally recognized norms of international law, protection of rights and freedoms and lawful interests of citizens and social justice, transparency and the accounting of public opinion.
 
 
Chapter II. System and TYPES of REGULATORY LEGAL ACTS, article 3. System of normative legal acts System of normative legal acts of Turkmenistan form:-the Constitution of Turkmenistan;
-constitutional laws of Turkmenistan;
-laws of Turkmenistan;
-decisions of the Khalk Maslakhaty of Turkmenistan;
-Decree of the President of the Khalk Maslakhaty of Turkmenistan, decrees and orders of the President of Turkmenistan, decrees of the Mejlis of Turkmenistan;
-the Decree of the Cabinet of Ministers of Turkmenistan;
-acts of ministries and other central bodies of State administration;
-Decree of velayat, etrap, municipal Khalk Maslakhaty;
-Decree of the khyakims;
-Decree of the Gengeshi.
Normative legal acts listed: in the first part of this article are listed in order of their legal force.
Normative legal acts shall conform to the Constitution and other legal acts with higher compared to them legal force.
Normative legal acts in Turkmenistan are accepted in the State language, the texts in the other languages are translations from the State language, which should be ordered.
 
Article 4. Decisions of the Khalk Maslakhaty of Turkmenistan, the decisions taken by the Khalk Maslakhaty of Turkmenistan, are of a mandatory character, are the basis for the adoption of regulatory legal acts are implemented by the Chairman of the Khalk Maslakhaty of Turkmenistan, President of Turkmenistan, the Majlis of Turkmenistan and other State organs in accordance with their powers established by the Constitution and laws.
 
Article 5. The Constitution of Turkmenistan in the system of normative legal acts of Turkmenistan's Constitution as the Supreme Law of the State shall have supreme legal force in the system of laws and regulations. Enshrined in the Constitution of Turkmenistan, the norms and provisions have direct effect. The laws and other acts by State bodies and officials of Turkmenistan shall be issued on the basis of and in accordance with the Constitution. Laws and other regulatory legal acts that contradict the Constitution shall have no legal force.
The adoption of the Constitution of Turkmenistan, it changes and additions implemented the Khalk Maslakhaty of Turkmenistan.
 
Article 6. Constitutional laws of Turkmenistan the constitutional law of Turkmenistan is adopted by popular referendum or the Khalk Maslakhaty of Turkmenistan regulatory legal act significantly affects the foundations of the constitutional system of Turkmenistan.
Constitutional laws of Turkmenistan have higher legal force compared to other normative legal acts, in addition to the Constitution of Turkmenistan.
 
Article 7. Laws of Turkmenistan law is enacted by the Majlis of Turkmenistan or by national referendum, normative legal act on critical matters of national importance.
Exclusively Act regulates:-fundamental rights, freedoms and duties of citizens, the ways of their protection and enforcement;
-the procedure for the formation and activities of the bodies of legislative, Executive and judicial powers;
-citizenship of Turkmenistan;
-issues related to national security and the defense of Turkmenistan;
-property relations;
-Organization of economic, socio-cultural construction;
-fiscal system, pricing and taxation;
-questions of criminal, administrative and civil legislation;
-litigation;
-the establishment and activity of public associations;
-the legal status of the mass media;
-issues related to environmental protection Wednesday.
The law may be subject to other issues of national importance.
Laws on specific issues may be accepted by the President of Turkmenistan in the manner prescribed by the Constitution of Turkmenistan.
 
Article 8. Regulatory legal acts adopted by the President of Turkmenistan decrees and orders of the President of Turkmenistan, is normative and legal acts issued by the head of State on crucial issues of national importance, on the basis of and pursuant to the Constitution and laws of Turkmenistan, the decisions of the Khalk Maslakhaty of Turkmenistan.

Decrees and orders of the President of Turkmenistan of individual and organizational-administrative nature, as well as orders issued by the President of Turkmenistan to address current issues, are not normative legal acts.
 
Article 9. Regulation of the Mejlis of Turkmenistan decrees of Mejlis of Turkmenistan are normative and legal acts adopted by the meetings of the Mejlis of Turkmenistan, on the interpretation or application of the laws of Turkmenistan, approving the laws of Turkmenistan, adopted by the President of Turkmenistan, ratification and denunciation of international treaties and agreements.
Regulation of the Mejlis of Turkmenistan of individual and organizational-administrative nature are not of regulatory legal acts.
 
Article 10. Decrees of Cabinet of Ministers of Turkmenistan, decrees of Cabinet of Ministers of Turkmenistan are normative and legal acts adopted by the Government of Turkmenistan on the basis of and pursuant to the Constitution and laws of Turkmenistan, the decisions of the Khalk Maslakhaty of Turkmenistan, acts of the President of Turkmenistan, decrees of Mejlis of Turkmenistan.
Decrees of Cabinet of Ministers of Turkmenistan shall be published on the issues identified by the Constitution of Turkmenistan, Turkmenistan law "on the Cabinet of Ministers of Turkmenistan" and other laws and regulations.
Decrees of Cabinet of Ministers of Turkmenistan, individual and organizational-administrative nature, as well as its orders to address current issues, are not normative legal acts.
 
Article 11. Normative legal acts of ministries and other central bodies of public administration Ministry, Central Government of Turkmenistan shall take within its competence, normative legal acts in the form of orders on the basis of and pursuant to the Constitution, the laws of Turkmenistan, decrees of the Khalk Maslakhaty of Turkmenistan, decrees and orders of the President of Turkmenistan, decrees of Mejlis of Turkmenistan, decrees of Cabinet of Ministers of Turkmenistan.
Taken by these bodies acts under other names (instructions, regulations, guidelines, etc.) is also approved by the orders of Ministers and heads of central bodies of public administration.
To address operational and other current issues, Ministers, heads of central bodies of State administration of Turkmenistan have issued orders and instructions of the non-normative nature.
Subdivisions of ministries, Central State administration do not have the right to accept normative acts.
Acts taken by the ministries, governmental authorities, should be indicated, pursuant to any act they issued.
 
Article 12. Regulatory legal acts adopted by the Brazilian hâkimami within the limits of their powers, normative legal acts in the form of orders on the basis of and pursuant to the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan, the Khalk Maslakhaty concerned regulations.
The rulings of the khyakims individual and organizational-administrative nature, as well as their disposition on current issues are not normative legal acts.
The rulings 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.
 
Article 13. Regulatory legal acts adopted by the velaâtskimi, ètrapskimi, Gengešami Khalk Maslakhaty, urban regional, district, and city Halk maslahaty, They take within the scope of their powers, normative legal acts in the form of orders on the basis of and pursuant to the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan, the Khalk Maslakhaty concerned regulations.
The rulings of the velayat, etrap, municipal the Khalk Maslakhaty, the Gengeshi are binding within the territory concerned.
To address the current issues, the head of the local Council-arčyn within the limits of their authority shall issue orders non-normative nature.
 
Article 14. Application of normative legal acts Kazyety, State bodies and officials in the event of contradictions in regulations when dealing with specific issues and decisions should be guided by the normative legal act of higher legal force.
If there are contradictions in normative legal acts with equal legal force and if none of them is contrary to normative legal act with a higher legal force and apply regulatory legal act, which entered into force at a later time.
 
Chapter III. Requirements for NORMATIVE and LEGAL DOCUMENTS Article 15. The form and structure of normative legal act regulatory legal act must contain the following information:-the name of the type of Act;
-name of the Act, reflecting the subject;
-the text of the regulation;
-position of person signing regulatory legal act;
-the date, number, place of the adoption of the legal act.

Authorities and officials empowered to adopt regulations set out specific requirements for the structure of these acts in accordance with the provisions of paragraph 1 of this article.
 
Article 16. Requirements for the content of the normative legal act Content regulation should be consistent with its intended use, to be logical, concise and clear.
The text should not be obscure phrases, repetitions, cuts and ambiguities. The name used for the first time, may not be abbreviated.
Regulatory legal act may contain an explanation of the obscure and specialized terms.
 
Article 17. Requirements for normative legal act, amendments or additions to other regulatory legal act when changes or additions to the regulatory legal Act sets out the essence of the changes or a new revision of the relevant article, the part of paragraph normative legal act.
 
Article 18. Requirements for the presentation of the text of the regulatory legal act the text of the regulation must be in compliance with the norms of literary language and legal terminology. It is not allowed to use multivalue and figurative words and expressions, epithets and metaphors.
 
Chapter IV. ORGANIZATION OF WORK on the PREPARATION of PROJECTS of NORMATIVE LEGAL ACTS Article 19. Plans for the preparation of projects of normative legal acts of the plans for the preparation of draft decisions of the Khalk Maslakhaty of Turkmenistan are being developed by his staff and approved by the President of the Khalk Maslakhaty of Turkmenistan.
Plans for the preparation of draft laws are developed by committees of the Mejlis of Turkmenistan and are approved by the Majlis of Turkmenistan.
Plans for the preparation of draft laws submitted to the President for legislative initiative, projects its decrees and regulations, decrees of Cabinet of Ministers of Turkmenistan of a normative nature shall be approved by the President of Turkmenistan.
Ministry, Central Government of Turkmenistan independently draft and approve plans for the preparation of their projects of normative legal acts.
When generating the plans take into account the proposals of State bodies, local government bodies, public organizations, institutions and organizations, the proposals put forward in the media and the population.
Current plans for the preparation of draft regulations are drawn up, usually for one calendar year.
Where necessary, can be taken forward plans to prepare projects of normative legal acts. They define directions for the development of legislation, major events on the codification of a streamline regulatory legal instruments provided for the preparation of systematic or updated editions of normative legal acts.
Long-term plans are specified and included in current plans.
Plans for the preparation of draft regulations do not preclude the development of exceptional projects.
 
Article 20. Development of projects of normative legal acts of the Body, which can create a project group to prepare the draft of the experts and scholars.
Development of draft legal regulatory act may be assigned or ordered under the contract of the State bodies and organizations, academic institutions, non-governmental organizations, individual scholars and professionals or their teams, and can also be a contest for the best project.
 
Article 21. Examination of draft regulations for the evaluation of quality of the draft regulation submitted for consideration and adoption, may be carried out scientific expertise on the legal, economic, financial, technical, environmental and other issues.
The main objectives of scientific expertise are:-provision of high-quality, validity, legality, and the relevance of the projects;
-forecasting the expected social, economic, legal, environmental and other consequences of acts.
Independent experts in assessing the regulation and do not depend on the body which gave the job to the examination.
Persons involved in the examination of the draft normative legal act, shall have the right to get acquainted with the materials and documents related to the preparation of the project, including proposals, opinions, observations and other materials received at the time of negotiation and national debate.
Expert opinion is considered when finalizing the draft legal regulatory act and its acceptance of the relevant State body or official.
 
Article 22. Direction of the draft opinion on the draft laws of Turkmenistan, decrees and orders of the President of Turkmenistan, decrees of Cabinet of Ministers of Turkmenistan legal nature are sent, usually at the conclusion of the Ministry of Adalat.
 
Article 23. The imposition of the draft laws on the public discussion draft legislation of Turkmenistan can be put to a referendum on the ruling of the Khalk Maslakhaty of Turkmenistan or the Majlis of Turkmenistan.
 
Article 24. Documents annexed to the draft
 

Draft normative legal acts shall be submitted for consideration and adoption together with the rationale for their design, characteristic of the goals, objectives and main provisions of the future acts and their place in the system of the existing legislation, the expected socio-economic and other consequences of their use, as well as with the draft Act providing for a change in existing laws in connection with the adoption of these projects. It includes groups and individuals participating in the preparation of projects, the controversy and motivated opinions on them. In introducing the draft, which would require material and other costs attached to its financial-economic justification.
 
Chapter v. method of entry into force of the NORMATIVE LEGAL ACTS and their PROMULGATION of Article 25. General conditions for the entry into force of the normative legal acts of normative legal acts shall come into force ten days after their official publication, if this law or other laws for this type of Act or in the Act does not set a due date and procedure for the enactment of normative legal act.
Regulatory legal acts are published for general information or made public in any other way except for containing State or other secret protected by the law. Normative legal acts affecting the rights and freedoms of citizens, not brought to the public, are inactive since their adoption.
 
Article 26. The entry into force of the Constitution of Turkmenistan, the Turkmen Constitution shall come into force ten days after its publication, unless a statute on the procedure for the introduction of it in action does not set a deadline.
 
Article 27. The entry into force of the laws of Turkmenistan constitutional laws, laws, adopted by referendum, subject to enactment and promulgation of the results of the voting after the establishment of the Central Commission on elections and referendums in Turkmenistan. Such laws come into effect in the manner prescribed by part 2 of this article.
Constitutional laws adopted by the Khalk Maslakhaty of Turkmenistan, the laws passed by the Majlis of Turkmenistan, shall come into force ten days after their official publication, if they or acts on the order of introduction into force does not provide for a different period and procedure for introducing them into action.
Laws adopted by the President of Turkmenistan, shall come into force ten days after their official publication, if they do not have a due date and procedure for introducing them into action.
Laws adopted by the President of Turkmenistan, shall be subject to mandatory review to address the issue of their approval at the next meeting of the Mejlis of Turkmenistan. In case of disapproval of the law adopted by the President of Turkmenistan, it loses its legal force since the adoption of the Mejlis of Turkmenistan of the regulation.
 
Article 28. The entry into force of the regulations the Khalk Maslakhaty of Turkmenistan, the Khalk Maslakhaty of Turkmenistan Decree of a normative nature come into force after their official publication, if they do not set a deadline for putting them into effect.
 
Article 29. The entry into force of the regulations of the Mejlis of Turkmenistan Decrees of the Mejlis of Turkmenistan of a normative character enter into force within the time limit for the entry into force of the laws passed by the Majlis of Turkmenistan.
 
Article 30. The entry into force of the acts of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan, decrees and orders of the President of Turkmenistan, decrees of the Cabinet of Ministers of Turkmenistan normative character enter into force on the day of their publication or communication to the public in any other way, if not provided otherwise putting them into action.
 
Article 31. The entry into force of the normative legal acts of ministries and other central bodies of State administration of Turkmenistan, the khyakims velayats and he Ashgabat normative legal acts of ministries and other central bodies of State administration of Turkmenistan, the khyakims velayats and he Ashgabat are subject to mandatory registration in the Ministry of Adalat. Acts that do not pass the State registration, shall have no legal force.
Normative legal acts of ministries and other central bodies of State administration of Turkmenistan, the khyakims velayats and Ashgabat, he assigned State registration number, shall enter into force on the day of their publication or communication to the public in any other way, if the acts themselves do not specify another procedure for introducing them into action.
 
Article 32. The entry into force of the normative legal acts of the velayat, etrap, municipal the Khalk Maslakhaty, the Gengeshi, khyakims etraps and towns of normative legal acts of the velayat, etrap, municipal the Khalk Maslakhaty, the Gengeshi, khyakims etraps and towns will come into force from the day of their publication or communication to the public in any other way, if the acts themselves were not specified another period and procedure for introducing them into action.
 
Article 33. Promulgation of normative legal acts
 

The Constitution of Turkmenistan, the constitutional laws of Turkmenistan, the laws of Turkmenistan, the decisions of the Khalk Maslakhaty of Turkmenistan, decrees of the Mejlis of Turkmenistan of a normative nature, normative legal acts adopted by the President of the Khalk Maslakhaty of Turkmenistan, the Turkmen President and the Cabinet of Ministers of Turkmenistan, Ministers and heads of other central bodies of State administration of Turkmenistan are published in the newspapers "Turkmenistan" and "neutral Turkmenistan."
Publication of regulatory legal acts does not exclude their promulgation on the radio, on television and through other media.
Normative legal acts of the velayat, etrap, municipal the Khalk Maslakhaty, the Gengeshi and khyakims are published in the local press or otherwise divulged.
 
Article 34. Official publications of normative legal acts of the Khalk Maslakhaty of Turkmenistan Decisions published in the Türkmenistanyň Maslahatynyň Maglumatlary by Halk on. "
Laws of Turkmenistan, decrees of the Mejlis of Turkmenistan are published in "Türkmenistanyň Mejlisiniň Maglumatlary.
Acts of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan shall be published in the "Prezidentiniň Türkmenistanyň namalarynyň we Hökümetiniň Türkmenistanyň çözgütleriniň Ýygyndysy.
Acts of ministries and other central bodies of State administration of Turkmenistan, the khyakims velayats, Ashgabat city, he passed the State registration, shall be published in the "ministrlikleriniň, pudaklaýyn Türkmenistanyň dolandyryş edaralarynyň, welaýatlaryň häkimleriniň, şäheriniň kadalaşdyryjy häkiminiň Aşgabat namalarynyň Ýygyndysy.
 
Article 35. Effect of normative legal acts in time the normative legal acts effective from the moment of their entry into force and to the recognition of their void, if the normative legal act by its validity is not specified or not specified, the event which he ceases to have effect.
Regulatory legal act is not retroactive.
Action Regulation applies to relationships arising prior to its launch, only in cases where this does not affect the legal status of citizen and expressly provided by this Act.
Normative legal acts of the bodies that have stopped their activities, act in so far as not contrary to the Constitution and laws of Turkmenistan and may be abrogated their successors, officer or authority, to adopt a decision on liquidation (termination), or a senior officer or authority.
 
Chapter VI. The OFFICIAL INTERPRETATION of the NORMATIVE LEGAL ACTS Article 36 the concept of formal interpretation of the normative legal act the official interpretation of the normative legal act is the establishment of a competent authority or official genuine meaning and content regulation (or individual provisions thereof) to its correct, precise and uniform understanding and application.
 
Article 37. The official interpretation of the normative legal acts of the official interpretation of the normative legal acts of Turkmenistan is carried out by the host authorities and officials.
The plenum of the Supreme kazyeta Turkmenistan may modify the body and official accepted normative legal act, reporting on the feasibility of the official interpretation of the relevant act or some of its provisions.
 
Article 38. Inadmissibility of amendments and additions in articulating the normative legal act when its interpretation With the official interpretation of the normative legal act is not allowed the introduction of amendments, supplements in the form of articulating norms. An expansive interpretation of the normative legal act shall be granted only if there are apparent discrepancies between the text and its meaning.
 
Chapter VII. FINAL PROVISIONS Article 39. Modification and cancellation of the normative legal acts of the change or cancellation of the normative legal act shall be effected by the adoption of the same type and validity of normative legal act.
 
Article 40. Public accounting and systematization of the normative legal acts of State records and systematization of the normative legal acts of Turkmenistan are carried out by the Ministry of Adalat.
The order of State registration and systematization of normative legal acts of Turkmenistan shall be established by the Cabinet of Ministers of Turkmenistan.
 
President of Turkmenistan Saparmurat Turkmenbashi mountains. Ashgabat December 7, 2005 No. 31-III