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The Consular Institutions Of Turkmenistan Abroad

Original Language Title: О консульских учреждениях Туркменистана за рубежом

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The consular institutions of Turkmenistan abroad (statements of the Mejlis of Turkmenistan, 1996, no. 1-2, art. 6) of this law defines the legal framework, the opening and functioning of the consular institutions of Turkmenistan, the appointment of their officers and staff, as well as Consul to protect the rights and interests of Turkmenistan citizens and legal entities abroad.
 
Chapter I General provisions article 1 in this Act contained, the terms shall have the following meanings: "Consul" Consul General, Consul, Vice-Consul, or consular agent, who is the head of the consular post;
"consular officer" means any person, including the head of the consular post, entrusted with performing consular functions, as well as the person who seconded the consular post to prepare for service in the consular offices, intern;
"consular officer" means any person who is employed in konsul′ckom the establishment of an administrative or technical duties or responsibilities for consular services;
«family member»-spouse of a staff member of the consular institution, his children and parents as well as his parents spouse residing with them and their dependants;
"consular district", a territory assigned to consular post to perform consular functions;
"consular premises" is used solely for the purposes of the consular office buildings or parts of buildings and the building or parts of buildings, land, whoever owned the title to the goods;
"consular archives"-all documents, correspondence, books, films, audio and video tapes, as well as consular registers together with the ciphers and codes, files and any items of office equipment and furnishings, designed to ensure their preservation or storage.
 
Article 2 consulates of Turkmenistan abroad, protect the rights and interests of Turkmenistan, its citizens and juridical persons.
Consular institutions contribute to the development of friendly relations of Turkmenistan with other countries, expanding economic, trade, scientific and technological, cultural and tourism ties.
 
Article 3 Turkmenistan opens its consular offices in States with which established consular relations.
In the absence of a separate agreement on the establishment of consular relations is considered the establishment of diplomatic relations and the establishment of consular relations.
Consular authorities of Turkmenistan opened and cease its activities by the President of Turkmenistan. A preliminary agreement on opening consulates on the basis of bilateral inter-State treaties, agreements and protocols.
 
Article 4 consular authorities in its activities is guided by the Constitution of Turkmenistan, this Act, other acts of legislation of Turkmenistan, the universally recognized norms of international law and the international treaties to which Turkmenistan is a.
 
Article 5 the consular offices are included in the system of the Ministry of Foreign Affairs of Turkmenistan and are accountable to it in its activities.
In the host country consular institutions operate under the overall authority of the head of the diplomatic mission of Turkmenistan in this State.
 
Article 6 consulates of Turkmenistan abroad are classified into the following classes:-Consulates General;
-Consulate;
Vice consulates;
-consular agency.
Consular sections of diplomatic missions of Turkmenistan headed by heads of consular divisions referred to as consuls or consuls.
 
Article 7 in the States where there is no diplomatic missions of Turkmenistan, with the consent of the host State to the consular posts may be assigned as well diplomatic functions.
 
Article 8 Consulate of Turkmenistan with the consent of the host State in that State can perform consular functions on behalf of a third country.
Consular functions on behalf of Turkmenistan can perform and consular office of a foreign State in a third State.
Consular office in Turkmenistan, with the consent of the host State and, in the absence of any objection by a third State could perform consular functions in that third State.
 
Article 9 Location of the consular institution, its class and consular district are determined by agreement with the host State.
 
Article 10 the consular offices are legal entities and have a seal with the State emblem of Turkmenistan and their names in the State and Russian languages.
 
Article 11 on the consular building and the residence of its head rises national flag of Turkmenistan, and also installed a signboard with the image of the State emblem of Turkmenistan and the relevant names in the official language and language of the host country.
 
Article 12 Property consular agencies of Turkmenistan abroad is the property of Turkmenistan.
 
CHAPTER II Consular Staff Article 13 a consular officer can only be a citizen of Turkmenistan.

Consular officers may be nationals of the host State. Acceptance and dismissal of them with work being done with the notification of the Ministry of Foreign Affairs of the host State.
 
Article 14 the Consul is appointed and dismissed by the Presidential Decree on the recommendation of the Minister for Foreign Affairs of Turkmenistan.
Consul upon appointment receives from the Ministry of Foreign Affairs of Turkmenistan written permission-consular patent.
 
Article 15 Consul starts to perform his or her duties after receiving consent (exequatur) of the host country.
 
Article 16 if the Consul for any reason unable to perform his or her functions or position is temporarily vacant Consul, the Consul's duties rests with the Minister for Foreign Affairs of Turkmenistan for another consular officer or a consular post of the Turkmenistan in the receiving State or of a member of the diplomatic staff of diplomatic missions of Turkmenistan in this State.
 
Article 17 consular officers and consular officers, except for the Consul, appointed by the Minister for Foreign Affairs of Turkmenistan.
The Ministry of Foreign Affairs of Turkmenistan notify the host State of the consular office of Turkmenistan first name, last name, position, diplomatic consular officer rank, with the exception of the Consul and consular officer, as well as informs about the date of their arrival.
 
Article 18 the consular official may be appointed to represent Turkmenistan in international organizations with advance notification of the host State.
The head of Mission of Turkmenistan in an international organization or by another officer of this Office with the consent of the host State and can be assigned to a consular officer.
 
Article 19 Consular officials abroad may not engage in any professional or commercial activity for personal profit.
 
Article 20 consular officers, consular staff and members of their families shall enjoy the privileges and immunities provided for by the Vienna Convention on consular relations of 1963 year, unless otherwise provided for in bilateral agreements of Turkmenistan with the respective host country.
 
CHAPTER III procedure for execution of consular functions Article 21 consular officers and consular employees and their families are obliged to observe the laws and respect the customs of the host country.
 
Article 22 Consul performs the functions entrusted to it personally or delegate their execution to another consular official.
 
Article 23 the Consul may refer to the authorities of the receiving State within its consular district, on all matters related to consular office.
 
Article 24 the Consul is obliged at least once per year to produce its detour consular district.
 
Article 25 complaints consular officers and consular officers are dealt with by way of subordination.
 
Article 26 Consul performs other functions not provided for in this Act if they do not contradict the legislation of Turkmenistan and the laws of the host State.
 
CHAPTER IV functions of Consul in respect of legal persons and citizens of Turkmenistan Article 27 Consul must take measures to ensure that citizens and legal persons of Turkmenistan enjoy fully all the rights given to them by the host State zakonodatel″stvom and international treaties to which the Turkmenistan and the host State, as well as international custom.
The Consul must take both written and oral statements.
 
Article 28 the Consul must take steps to restore the violated rights of citizens and legal persons of Turkmenistan.
 
Article 29 the Consul keeps records of residents and temporarily under its consular district of Turkmen citizens.
 
Article 30 the Consul shall assist in the performance of their duties within consular district, representatives of ministries, departments and organizations of Turkmenistan, as well as other seconded abroad citizens of Turkmenistan.
 
Article 31 shall inform the temporary Consul in his consular district citizens of Turkmenistan on the laws of the host State, as well as on local customs.
 
Article 32 Consul provides assistance to citizens and legal persons of Turkmenistan in carrying out in the territory of the consular district cultural, sports education and information activities to educate the public about the host country with traditions, customs, science and culture of Turkmenistan.
 
Article 33 Consul has the right, without special power of attorney to represent the institutions of the State of residence of Turkmen citizens, if they are not present and did not commit the case to any person, or is not in a position to protect their interests for other reasons.
This mission continues until the submitted persons do not appoint their authorized or not to assume the defence of their rights and interests.
 
Article 34
 

Consul in accordance with the legislation of Turkmenistan conducts military registration of citizens of Turkmenistan and provides arrival of Turkmen citizens, male, age, military commissariats at their place of residence in Turkmenistan for active military service.
 
Article 35 Consul passes the relevant authorities of the host State judicial or non-judicial documents and letters rogatory or Commission will testify the courts of Turkmenistan in accordance with existing international agreements, and if these do not exist, in any other manner not incompatible with the law of the host State.
 
Article 36 the Consul has the right to take decisions on adoption of the child, a Turkmen citizenship and residing outside Turkmenistan.
If the adoptive parent is not citizenship of Turkmenistan, for adoption, you must obtain permission from an authorized organ of Turkmenistan.
 
Article 37 the Consul takes steps to establish custody and guardianship of his consular district underage citizens of Turkmenistan who have been left without parental care.
Consul takes steps to establish guardianship and curatorship over adult citizens of Turkmenistan, whose state of health cannot independently exercise their rights and fulfil their duties.
 
Article 38 Consul takes measures to protect the assets remaining after the death of the citizen of Turkmenistan.
If the remaining property is completely or partially comprised of objects, wastage, as well as when excessive dearness of storing it, Consul has the right, in consultation with the heir to sell the property and send the amount donated.
 
Article 39 Consul has the right to take the necessary steps to transfer the estate to heirs in Turkmenistan.
 
Article 40 Consul can accept deposited money, valuables, securities and documents belonging to citizens of Turkmenistan.
In the event of the death of the person who owned the assets surrendered to custody, to such property shall apply the provisions of article 38 of this law.
 
Article 41 Consul is required to ensure that a citizen of Turkmenistan, detainee (arrested) or detained on suspicion of committing a crime or subjected to any other measures restricting freedom, or serving the sentence of deprivation of liberty, and also subjected to other judicial or administrative impact, respected the laws of the host State and the treaties concluded by Turkmenistan with the State.
Consul is obliged at the request of the persons concerned and, on his own initiative, visit of Turkmen citizens in detention facilities, and learn about their conditions of detention.
Consul is obliged to ensure that such citizens were kept in conditions that meet the requirements of hygiene and sanitation, and are not subjected to cruel and degrading treatment.
 
Article 42 the Consul has the right to grant, renew, pay off Turkmenistan entry visas, departure from Turkmenistan and pass in transit through the territory of Turkmenistan, as well as to make changes in the issued visa Article 43 Consul has the right to receive from the residents of his consular district statements on citizenship of Turkmenistan and, together with the necessary documents to the Ministry of Foreign Affairs of Turkmenistan for consideration by the President of Turkmenistan.
 
Article 44 Consul has the right to determine membership of persons residing within its consular district, to the citizenship of Turkmenistan.
 
Article 45 Consul within his consular district registers a loss of citizenship of Turkmenistan persons permanently residing outside Turkmenistan.
 
Article 46 in accordance with the legislation of Turkmenistan, Consul of registers of civil status acts of Turkmen citizens.
Consul accepts the petition of Turkmen citizens residing permanently in his consular district, on changes, fixes and additions in the civil registry, on the restoration of lost records, as well as on the change of surname, name, patronymic, and transmit them to the competent authorities.
 
Article 47 on receipt of information about the birth or death on the ship or aircraft any person in Turkmenistan, Consul in accordance with Turkmenistan legislation in force registers Act of birth or death.
 
Article 48 the order of registration of civil status acts Consul approved by the Ministry of Justice of Turkmenistan and the Ministry of Foreign Affairs of Turkmenistan.
 
 
Chapter V notarial actions, consular legalization, consular fees Article 49 Consul commits the following notarial actions: a) certifies transactions (contracts, wills, powers of Attorney, etc.) except contracts for the alienation and mortgage of immovable property situated in Turkmenistan;
b) takes measures to protect inherited property;
in) shall issue a certificate of inheritance;
g) shall issue a certificate of title to share in the common property of the spouses;
d) shows the fidelity of document copies and extracts from them;
e) presents the authenticity of signatures on documents;
f) shows the accuracy of the translation of documents from one language to another;

w) certifies the fact of a citizen being alive;
and) certifies the fact of being a citizen in a certain place;
c) certifies the identity of the citizen with the person depicted on the photographic card;
l) certifies the time of presentation of documents;
m) takes in the deposit monies and securities;
n) commits the Executive inscriptions;
about) takes on storing documents;
p) provides the evidence;
r) commits sea protests.
The legislation of Turkmenistan may be provided and other notarial actions committed by the Consul.
The order of the Consul of notarial acts approved by the Ministry of Justice of Turkmenistan and the Ministry of Foreign Affairs of Turkmenistan.
 
Article 50 Notarial acts are committed by the consular institution of Turkmenistan. In some cases, notarial acts may be committed outside the Agency.
 
Article 51 Consul making notarial actions shall observe secrecy committed by notarial acts.
For information on notarial acts and documents issued in accordance with the legislation of Turkmenistan.
 
Article 52 Notarial acts are committed on the day of presentation of all required documents, payment of consular fees and reimbursing actual expenditure.
Notarial actions may be postponed if necessary, recovery of additional information and documents or documents for examination, as well as on other grounds stipulated by the legislation of Turkmenistan.
 
Article 53 Notarially certified by transactions, as well as the statements and other documents are signed in the prisutstivii Consul engaged notarial acts. If a transaction statement or any other document signed in the absence of the Consul, the signatory must personally certify that the document signed by them.
Consul, notarial acts, must explain to citizens of Turkmenistan of their rights and obligations, warn about consequences of committed notarial acts.
 
Article 54 Consul cannot perform notarial acts in his own name and on its behalf, in the name and on behalf of its (his) wife (husband), her (his) and their relatives in a straight line.
 
Article 55 the notarial record keeping by the consular institution are conducted in the same language as the outsourcing of the consular office.
If the person committing the complainant, notarial actions, does not know the language in which the texts of the documents of title paperwork must be translated him Consul committing notarial action, or the famous Consul translator.
 
Article 56 If the Consul will become aware of the opened heritage in favor of Turkmen citizens living in Turkmenistan, Consul shall inform all known information about the heritage and potential successors in the Ministry of Foreign Affairs of Turkmenistan.
 
Article 57 if notarial actions contradict the legislation of Turkmenistan, Consul denies committing such an act.
Consul does not accept for notarial and action documents if they do not comply with the requirements of the legislation of Turkmenistan or the content may harm the interests of Turkmenistan, or contain information discrediting honour and dignity of its citizens.
At the request of the person who denied committing notarial actions, it should be outlined the reasons for the refusal and clarified the procedure for appeal.
 
Article 58 when performing notarial acts Consul is guided by the legislation of Turkmenistan and the host State, in accordance with international treaties to which both States are.
Consul takes documents drawn up in accordance with the requirements of the host State and commit udostoveritel′nye inscriptions in the form provided for by the legislation of that country, if it does not contradict the legislation of Turkmenistan.
 
Article 59 Consul legalizes documents and acts, drawn up with the participation of the authorities of the consular district or emanating from these authorities.
Bodies of State power and administration, enterprises and organizations of Turkmenistan shall adopt such documents and acts considered only in case of consular legalization, if otherwise not stipulated by the legislation of Turkmenistan or by an international treaty to which Turkmenistan and the host State.
Consular legalization consists in the establishment and certification of authenticity of signatures on these documents and acts, and according to their laws of the host State.
Consular legalization procedure shall be established by the Ministry of Foreign Affairs of Turkmenistan.
 
Article 60 shall not be Legalization documents and acts that contradict the legislation of Turkmenistan, or the content can harm the interests of Turkmenistan, or contain information discrediting honour and dignity of citizens.
 
Article 61 For consular activities performed abroad, consular fees are charged.
Also eligible for reimbursement of actual costs associated with the implementation of these actions, article 62 Consular fees are charged in accordance with the tariff for consular services approved by the Ministry of Foreign Affairs of Turkmenistan, in coordination with the Ministry of economy and Finance of Turkmenistan.
 
Article 63
 

In exceptional cases the heads of consular institutions of Turkmenistan in agreement with the Ministry of Foreign Affairs of Turkmenistan have the right to a lowering of the rate of consular fees or to exempt individuals from those charges on their statements.
 
Article 64 consular fees are not charged: a) if there is an international treaty for the renunciation of levy of consular fees, which are Turkmenistan and the receiving State;
b) for repatriation of citizens of Turkmenistan;
in) on a reciprocal basis for issuing visas to foreign nationals who are holders of diplomatic passports;
g) for discovery and legalization of documents on seniority, social security of citizens, on maintenance cases and in other cases stipulated by the legislation of Turkmenistan.
 
CHAPTER VI Consul Functions with regard to military ships military-support ships of Turkmenistan Article 65 Consul is obliged to contribute warships and naval auxiliary vessels of Turkmenistan (hereinafter referred to as "vehicles") in ports, internal and territorial waters of the receiving State within its consular district, in liaison with the Bank, the relationship with local authorities, logistics and other matters.
In the absence of a naval Attache, Consul (military) takes part in solving all the issues involved with calling ships in ports of the host State within his consular district.
 
Article 66 when retrieving information about the imminent arrival of the ships at a port located within the consular district for which it needs the pilot, Consul shall take measures to ensure that the pilot promptly arrived on the ship.
 
Article 67 on arrival, the vessel shall immediately notify the Consul Commander vessel information needed when dealing with local authorities, in particular, on the sanitary condition of the terrain, the port rules, local laws and customs that are necessarily to be followed or the Commander of the ship and the crew members.
 
Article 68 the Consul must personally visit at the earliest opportunity arrived ship or ships of the detachment.
Where necessary, the Consul accompanies Commander (detachment of ships) when applying the visits by officials of the host country.
 
Article 69 in cases of abandonment of a seriously ill member of the crew of the ship for a cure in the receiving State the Consul must monitor the progress of treatment and ensure that it is sending in Turkmenistan.
In the event of the death of the crew of the ship Consul takes steps to bury with honors or send the body of the deceased in Turkmenistan. Documents and personal belongings of the deceased sent to Turkmenistan.
 
Article 70 in the case of accidents, collisions of ships and other maritime accidents Consul takes all measures to provide the necessary assistance to ships and to proper legal registration incumbent scene.
 
Article 71 Consul provides assistance to the Commander of the ship (detachment of ships) to establish connection with the parent command, as well as assists in the administration of naval service mail.
 
Article 72 Consul recommends that local firms (Organization) and reports to the Commander of the ship (detachment of ships) information that can contribute to the quality and rapid replenishment of stocks of ships as well as endorse all invoices and documents submitted to the Commander of the ship.
 
Article 73 of Chapter VI of this Act correspondingly apply to fixed-wing aircraft (helicopters) Aviation of the armed forces of Turkmenistan.
 
CHAPTER VII functions of Consul in respect of vessels of Turkmenistan Article 74 Consul ensures that ports, internal and territorial waters of the State of residence within his consular district courts were granted full rights and immunities in accordance with the legislation of the receiving State and international treaties to which the Turkmenistan and the host State.
 
Article 75 Consul provides assistance and necessary assistance to captains of ships in ports, internal and territorial waters of the State of residence within his consular district.
 
Article 76 the Consul shall ensure that the ship's captain notified him of the arrival of the vessel at the port of the host State and reported information about the circumstances.
Consul has the right to request the presence of the captain in the consular office and the presentation of the report on the circumstances of the voyage of the vessel.
 
Article 77 the Consul must observe in crew list (history) changes in the composition of the crew that took place during the navigation of the ship and host it in port.
 
Article 78 Consul has the right: (a)) at any time to visit the ship;
b) facilitate entry of the ship into port, exit and stay of the ship in port;
in) to clarify incidents on board, poll captain and crew of the vessel;
g) to facilitate the resolution of labour disputes, which may arise between the captain and the crew members of the vessel.
 
Article 79 in case of purchase of the vessel abroad Consul shall issue a temporary certificate of navigation under the State flag of Turkmenistan.
Consul has the right to receive, compose or certify any declaration or any other document in relation to the courts provided for by the legislation of Turkmenistan, Turkmenistan or the international treaties, whereto the Turkmenistan.
 
Article 80
 

Consul has the right to send citizens of Turkmenistan, mail and cargo on ships bound for Turkmenistan in its ports.
 
Article 81 the Consul issues a certificate to the master of the vessel, if the need arises, indicating the time of arrival and departure of the vessel, the day of the appearance of a captain in the consular office, port of destination, the number of passengers, as well as the number of born and the place of destination of the goods.
 
Article 82 If according to Consul General information ship in any port unsafe, undesirable or impossible, Consul is obliged to notify the captain off the ship.
 
Article 83 if absolutely necessary Consul has the right to detain ready to exit into the sea vessel or require its previously scheduled departure Captain period even before the end of the loading and unloading. When this is done, the corresponding entry in the logbook indicating the reasons for the detention or demands the immediate withdrawal of the vessel.
 
Article 84 in case of shipwreck or disaster ship Consul is obliged to take all measures to rescue the passengers, the crew, the ship and cargo.
 
Article 85 Consul takes from Captain statement of loss or damage to the ship or the cargo or damage to the ship or on the intended cargo, as well as is at the request of the captain of the vessel maritime Act of protest.
Act on the protest is made on the basis of statements by the captain, the ship's log data, as well as interviewing the captain and, if possible, at least two witnesses from among the officers of the ship and the two witnesses of the ship's crew. Consul assured the maritime Act of protest with his signature and stamp printing.
The master, at his request, be issued a certificate of them made sea protest and an act on the protest.
 
Article 86 Consul is obliged to assist the passengers and crew members of the vessel, the victim of a shipwreck or other accident, including, where necessary, and their return to Turkmenistan.
 
Article 87 in case of illness of any of the passengers or crew of the ship during the voyage or stay in a foreign port Consul is obliged to assist in patient's room crew in the medical institution of the receiving State.
 
Article 88 in the case of abandonment of the ill passenger or crew member of a vessel for a cure in the receiving State the Consul must monitor the progress of treatment and ensure that it is sending in Turkmenistan.
In the event of the death of a member of the ship's crew takes steps to sending Consul's body in Turkmenistan or burial with due honours. Documents and personal belongings of the deceased sent to Turkmenistan.
 
CHAPTER VIII the Consul's Functions in respect of civil aircraft of Turkmenistan Article 89 should assist Consul Commander, the crew and passengers of civil aircraft (hereinafter referred to as the "aircraft") in relations with the authorities of the receiving State, and to take all measures to recover, where appropriate, of the aircraft, its crew and passengers in Turkmenistan or the continuation of the flight.
 
Article 90 Consul has the right: (a)) contribute to the arrival of the aircraft at the airport, departure from and stay in the aircraft at the airport;
b) to ascertain the circumstances of the incidents on the aircraft, the Commander of the vessel and debrief members of the crew;
in) if necessary, take measures to provide treatment and sending in Turkmenistan of crew members and passengers of the aircraft;
g) receive, compose, certify any declaration or any other document in respect of the aircraft, provided for by the legislation of Turkmenistan or the international treaties, whereto the Turkmenistan.
 
Article 91 in the event of a crash, forced landing or another accident with an aircraft within consular district Consul provides the necessary assistance to the crew and passengers.
The Consul also takes all measures to protect the crashed or made an emergency landing of an aircraft, cargo and physical evidence concerning the nature of the event, and assists specialists in the investigation of flight accidents.
 
Article 92 if a crime is committed on board an aircraft commander aircraft provides Consul assisting in fulfilling responsibilities under the legislation of Turkmenistan and the international treaties to which Turkmenistan.
 
Article 93 Consul has the right to send citizens of Turkmenistan, mail and cargo on aircraft of Turkmenistan, following in its airports.
 
CHAPTER IX the Consul's Functions with regard to the means of transport by road, rail and river fleet vessels Article 94 when performing consular functions in respect of means of transport by road, rail and river fleet ships Consul is guided by the provisions of chapters VII and VIII of this law.
 
GLA VA X Consul for sanitary, phytosanitary and veterinary protection Article 95 with the appearance of quarantine diseases on a previously free from these diseases territories consul immediately inform the Ministry of Foreign Affairs of Turkmenistan with the name of the affected area, number of cases and anti-epidemic measures taken by local authorities.
Consul informed citizens who have been granted permission to enter Turkmenistan, about need to submit when entering Turkmenistan international certificates of vaccination.
 
Article 96
 

When you see within the consular district of dangerous diseases or pests of agricultural plants, as well as in cases of mass diseases of livestock and poultry or the threat of the spread of diseases common to humans and animals, consul immediately inform the Ministry of Foreign Affairs of Turkmenistan.
 
Article 97 Consul informed citizens who have been granted permission to enter Turkmenistan, about need to submit when entering Turkmenistan veterinary certificates for animals, raw materials and products of animal origin and rules of entry into Turkmenistan seeds, living plants, planting material, fresh vegetables and fruits.
 
CHAPTER XI Honorary Consuls (optional) Article 98, the Ministry of Foreign Affairs of Turkmenistan in agreement with the host States may entrust certain consular functions honorary consuls (unexpected).
Honorary (non) consuls can be both Turkmen citizens and foreigners alike.
 
Article 99 the honorary Functions (supernumerary) consuls and the manner of their appointment shall be determined by the provisions, approved by the President of Turkmenistan.
(Optional) the honorary consuls are not in public service of Turkmenistan.
 
President of Turkmenistan Saparmurat Turkmenbashi mountains. Ashgabat, June 18, 1996 No. 125-1