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About The Addresses Of Citizens And The Order Of Their Consideration.

Original Language Title: Об обращениях граждан и порядке их рассмотрения

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About the addresses of citizens and the order of their consideration (statements of the Mejlis of Turkmenistan, 1999., no. 1, p. 15) (with amendments made by Act No. 378 26.03.2016-V) the present law defines the mechanism of realization of Turkmen citizens the right to have recourse to State, public and other bodies, enterprises, organizations and institutions of all forms of ownership and regulates the consideration of communications from citizens.
 
Section I General provisions Article 1. Treatment of citizens citizens are set out in writing or orally proposals, applications and complaints.
Treatment of citizens is an important means to promote and protect the rights of the individual, practical use of citizens ' constitutional rights to freedom of expression, participation in the management of State and Social Affairs, improvement of activity of bodies of State power and local self-government bodies, enterprises, institutions and organizations, promote the rule of law and the rule of law.
 


Article 2. The right of citizens to petition

 
Citizens of Turkmenistan in accordance with the Constitution and laws of Turkmenistan have the right to make written or oral in State, public and other bodies, enterprises, organizations and institutions of all types of ownership, proposals for the improvement of their activities, statements and complaints.
 


Article 3. Appeals requirements

 
Treatment serves the citizens in those bodies, enterprises, institutions or organizations or officials which was directly attributed to the decision set out in circulation issues.
The appeal shall contain a summary, statements or complaints, it should contain the name, surname and place of residence of a citizen.
Treatment may be oral, set out a citizen on a personal reception at an officer, either written, directed or referred directly to the citizen to the appropriate authority, Enterprise, organization or institution. A written request must be signed by the applicant, indicating the date.
To the treatment of existing citizen annexed documents or their copies necessary for consideration of the appeal. Submitted by a citizen of original documents shall be returned to the citizen, after consideration of the appeal.
Written request without specifying names, places of residence, as well as treatment, not signed by the author, is not subject to review.
 


Article 4. Order acceptance and processing applications

 
Decorated properly and submitted in accordance with the established procedure for compulsory treatment, acceptance and consideration.
Prohibits denial of acceptance and consideration of treatment on the grounds of race, sex, age, social or property status, political affiliation, nationality, creed, or ignorance of the language citizen treatment.
Government, public and other bodies, enterprises, institutions, organizations, their leaders and other officials, whose competence is not part of the solution to the issues raised in the appeal, send the appeal not later than within five days by informing the applicant, and if personal interviews to explain where it should ask.
It is prohibited to send complaints for consideration by those bodies or officials, actions or decisions which are appealed.
 


Article 5. The scope of application of this Act

 
The right to file appeals, not directly related to performance, are members of the armed forces and employees of the internal affairs agencies. The treatment of these persons, related to the service shall be governed by the legislation of Turkmenistan on these bodies.
Foreign citizens and stateless persons have the same right to lodge appeals, as well as Turkmen citizens.
In the cases and manner prescribed by the legislation of Turkmenistan, citizens have the right to submit petitions and complaints to court.
This law shall not apply to the procedures for reviewing applications and administrative complaints of citizens established by the code of civil procedure, the code of criminal procedure and other legislation of Turkmenistan.
 


Article 6. Processing of appeals of citizens

 
State, public and other bodies, enterprises, institutions and organizations of all forms of property register received written and oral communications from citizens and control their considerations.
 
Article 7. Circulation, addressed to the President of Turkmenistan Filing appeals to the President of Turkmenistan, shall be as determined by the legislation of Turkmenistan.
 
SECTION II of the order of consideration of references of citizens Article 8. Consideration of references of citizens, public, voluntary and other bodies and their officials, managers and officials of enterprises, institutions, organizations of all patterns of ownership are required to timely, objective and comprehensive review of the treatment of citizens, to verify the facts contained therein, take decisions in accordance with the applicable laws, to enforce them, inform citizens of the results of consideration of applications.
The answer according to the results of consideration of applications without fail is given the authority, Enterprise, organization, institution, who received treatment and which is competent in the treatment of issues.

The decision to reject the treatment shall be notified to the citizen in writing with reference to the existing legislation and the grounds therefor and grounds for refusal, as well as explaining the order and timing of the appeal decision.
Answers based on the results of consideration of applications shall be signed by the head of the body concerned, enterprises, organizations, institutions or authorized officer.
 


Article 9. Personal reception of citizens

 
Leaders and other officials of the State, public and other bodies, enterprises, organizations and institutions of all forms of ownership are obliged to undertake a personal reception of citizens.
Reception should be established and brought to the attention of the citizens of the days and hours, and, if necessary, in the evening hours at the place of work or residence of citizens.
Heads of ministries and departments, the hakims and arčiny are required to conduct regular personal reception of citizens in the established days and times convenient for citizens. Reception are communicated to the citizens. Citizens reception procedure in State, public and other bodies, enterprises, organizations and establishments of all types of ownership, defined by their leaders.
All appeals of citizens on personal interviews are recorded. If you solve all the issues in the appeal to personal interviews, it is treated in the same manner as written appeal.
 


Article 10. Citizen rights when considering treatment

 
Citizen, applied with the proposal, statement or complaint to the State, public and other bodies, enterprises, organizations and institutions of all forms of property, has the right to personally present his arguments: Appeals Officer hearing the appeal;
to submit additional materials or apply for their request for body treatment;
use the services of a lawyer or another person authorised by that authority in a manner prescribed by law;
with the consent of the officer hearing the appeal, to be present during his inspection;
to bring a claim of non-disclosure of information obtained concerning the private life of the applicant and his/her family members;
apply for secrecy review;
get a written response on the outcome of treatment.
In case of refusal of treatment that contains criticisms and suggestions for improvement of activity of a body, Enterprise, organization or institution, the official who viewed the treatment is required to substantiate the decision and explain the procedure for appeal.
 
Article 11. Responsibilities of the State, public and other bodies, enterprises, organizations and institutions of all forms of ownership, their leaders and officials to consider appeals from citizens of the State, public and other bodies, enterprises, organizations and institutions of all types of ownership, their managers and officials within the scope of its authority shall be responsible for: carefully consider the treatment to objectively, comprehensively and promptly resolve them;
If necessary seek and seek the necessary documents, go to the place to check for, take other measures for the authorizations set out in the outstanding issues;
in the interest of the case invite citizen for trial of its treatment;
repeal or amend the disputed decisions in the cases provided for by the legislation of Turkmenistan, take immediate action to stop the illegal actions, to identify and eliminate the causes and conditions conducive to violations;
to ensure the real remedy and implementation adopted in connection with the appeal decision;
take measures of reparation in accordance with the law for material damage caused to a citizen as a result of infringement of their legitimate rights and interests, to address the question of the liability of persons responsible where there was a violation;
writing to inform the citizen about the outcome of the appeal, the essence of the decision, the manner and timing of his appeal;
to ensure appropriate regulatory requirements accounting and record keeping on appeals of citizens;
personally organize and check the status of consideration of references of citizens, take effective measures to prevent manifestations of formalism and red tape, improper permit applications, directions to the applicants answer giving rise to repeated unmotivated appeals of citizens;
systematically analyze and inform higher authorities, their officials and the population status and measures to improve the work with citizens.
 


Article 12. Terms of consideration of references of citizens

 
Citizens ' appeals are resolved within a period of not more than one month from the date of receipt, and those that do not need additional verification, without delay, not later than fifteen days from the date of their receipt. In cases where authorization is needed special screening treatment or study of a significant volume of material, the head of the body concerned, enterprises, organizations, institutions or his deputy shall establish the period of time required to resolve, as reported by the person submitting the appeal. The overall authorization of treatment should not exceed forty-five days.
 
SECTION III responsibility for violation of legislation about the addresses of citizens, the control and supervision of its implementation
 

Article 13. Liability of officials for violation of legislation on citizens For breach of this law the order of consideration of references of citizens, shallow and superficial consideration of the issues raised, the part of red tape, a violation of ethical standards in relations with complainants, unjustified refusal to permit applications, as well as the persecution of citizens in connection with the filing of appeals responsible persons bear disciplinary, administrative, property and criminal responsibility stipulated by the legislation of Turkmenistan.
 
Article 14. Responsibility for filing appeals of the wrongful nature of Filing a citizen treatment, treatment of defamatory, calling incitement to national or religious hatred, or to commit other illegal acts punishable under the legislation of Turkmenistan.
 
Article 15. Monitoring compliance with legislation on citizens control over observance of the legislation about the addresses of citizens in accordance with its powers exercised by the Cabinet of Ministers of Turkmenistan, ministries and departments, public organizations, and arčiny, leaders of the hakims enterprises, organizations and institutions of all forms of ownership.
 
Article 16. Procuracy supervision over observance of the legislation on citizens oversight of compliance with the law on appeals of citizens is carried out by the General Prosecutor of Turkmenistan and his subordinates. Within the limits of their powers, they are obliged to carry out regular checks of compliance with this Law, take measures for the protection and restoration of the violated rights of citizens, accountability officials responsible for violations of the law on appeals of citizens and the order of their consideration, systematically, but at least once in every six months, to generalize the practice of law in this sphere, Turkmenistan's Cabinet of Ministers, ministries and departments, local bodies of executive power , heads of enterprises, organizations and establishments of all types of ownership, suggestions for improving the consideration of communications from citizens.
 
President of Turkmenistan Saparmurat Turkmenbashi city Ashgabat January 14, 1999, no. 342-I