On the approval and introduction of the Code on administrative offences (statements of the Mejlis of Turkmenistan, 2013, no. 3, p. 52) article 1. Approval of the administrative offences code of Turkmenistan.
Article 2. Put in place the administrative offences code of Turkmenistan since January 1, 2014 years.
Article 3. From January 1, 2014 year void the code on administrative offences of the Turkmen Soviet Socialist Republic approved Law Turkmen Soviet Socialist Republic from December 17, 1984 year (Gazette of the Supreme Council of the Turkmen SSR, 1984, no. 35, p. 153), all subsequent laws or their respective sections and parts, which made changes and additions to it.
Article 4. Continue to bring laws and other normative legal acts of Turkmenistan Turkmenistan into line with the code of administrative offences, they operate to the extent not inconsistent with this code.
Article 5. The Cabinet of Ministers of Turkmenistan in a three-month deadline to bring regulatory legal acts of Turkmenistan, including basic unit for determining the amount of an administrative penalty, as well as the financing of public authorities at the expense of funds from fines imposed in administrative proceedings, in accordance with the present code.
Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 29, 2013 year no. 422-IV.
The TURKMEN CODE of ADMINISTRATIVE OFFENCES, section i. GENERAL PART Chapter 1. Turkmen legislation on administrative offences, its objectives and principles article 1. Turkmen legislation on administrative offences 1. Turkmen legislation on administrative offences shall be based on the Constitution of Turkmenistan, the universally recognized principles and norms of international law and consists of this code and adopted on the basis thereof, other normative legal acts of Turkmenistan.
2. the rules of normative legal acts of Turkmenistan establishing administrative liability and imposing punishment for an administrative offence shall apply after they have been submitted in this code in accordance with the legislation of Turkmenistan.
3. Turkmen legislation on administrative offences specifies what action (inaction) is an administrative offence, the order of proceedings on administrative violations (hereinafter referred to as administrative proceedings), the grounds and conditions of administrative responsibility, establishes the types of administrative punishment that can be imposed on natural and legal persons who have committed an administrative offence, found guilty and subject to administrative liability in accordance with this code.
4. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by the present Code, the rules of the international treaty shall apply.
Article 2. Tasks of the Turkmenistan legislation on administrative offences 1. Objectives of the Turkmenistan legislation on administrative offences are the protection of the individual, the protection of human and civil rights and freedoms, citizens ' health, sanitary-epidemiological welfare of the population, the protection of public morals, the protection of the environment Wednesday, the established order of State authorities, public order and public safety, property, protection of the legitimate interests of man, society and the State from administrative offences.
2. Turkmen legislation on administrative offences aimed at strengthening the rule of law and the prevention of violations, education of citizens in the spirit of precise and steady implementation of the Constitution and laws of Turkmenistan, respect for the rights, honour and dignity of other citizens, carry out their duties in good faith, a sense of responsibility towards society.
Article 3. The importance of the principles of the legislation of Turkmenistan on administrative offences, Turkmen legislation on administrative offences is based on the principles set forth in this code, the breach of which entails recognition of the proceedings null and void, repeal of the regulations, as well as the recognition of collected materials have no probative value.
Article 4. The principle of the rule of law 1. Administrative offence and an administrative penalty imposed for its Commission, are defined only by this code. No person may be subjected to administrative or recovery measures of administrative proceedings otherwise than on the grounds and in accordance with the procedure laid down in this code.
2. The application of measures of administrative penalty shall be performed within the competence of State bodies and in accordance with this code. Not allowed enforcement of Code of administrative offences by analogy.
3. the courts, organs of State power and administration and local councils (gengesh), considering the cases of administrative violations (hereinafter referred to as the authority empowered to consider the case), and their officials enforce the law in an administrative proceeding.
4. Compliance with the requirements of this code in the application of penalties for administrative offences is ensured through systematic monitoring by the parent bodies and officials of the Prosecutor's supervision, the right to appeal and other means established by the legislation of Turkmenistan.
Article 5. The principle of equality before the law 1. Persons who have committed administrative offences are equal before the law. A natural person shall be brought to administrative responsibility irrespective of nationality, race, sex, origin, property and official status, place of residence, language, attitude to religion, political beliefs, party affiliation or lack of affiliation with any political party. Legal person, regardless of their form of ownership, location, organizational-legal forms of subsidiarity, as well as other circumstances is subject to administrative liability.
2. Conditions for the application of measures of administrative proceedings against certain government officials (deputies and other persons in accordance with the legislation of Turkmenistan) and bringing them to administrative responsibility established by the Constitution of Turkmenistan, this code, laws and other normative legal acts of Turkmenistan.
Article 6. The principle of the presumption of innocence 1. A person against whom administrative proceedings underway (hereinafter referred to as the person whose production is underway), is presumed innocent until his guilt is not proven and has entered into force by a decree of the official body that is competent to hear the case (hereinafter referred to as "authorized official) in the manner prescribed by this code.
2. a person who has been called to administrative responsibility, is not obliged to prove his innocence, except in cases in which it itself deems it necessary.
3. In the application of this code, any question arising on the guilt of the person brought to administrative responsibility, decided in his favor.
Article 7. Equity 1. Recovery, applies in respect of a person committed an administrative delinquency should be fair, that is compatible with the nature of the administrative offence, the circumstances in which the offence was committed, be lawful and justified.
2. no person shall be brought to administrative responsibility twice for one and the same administrative delinquency.
Article 8. The principle of respect for human rights and freedoms 1. In the course of administrative proceedings, decisions and actions are prohibited, humiliate or disparage the dignity of the human person, are not allowed to collect, use, and dissemination of information about a person's private life, as well as personal information for purposes not provided for in this code, and that the person considers it necessary to keep a secret.
2. The material and moral damage caused in the course of administrative proceedings as a result of unlawful actions by State bodies or their officials, non-refundable, and violated rights-restoration in the manner prescribed by the legislation of Turkmenistan.
Article 9. The principle of the integrity of the person 1. No one may be subjected to administrative detention, detention, rendering the internal affairs agency or other public authorities, searched and searched it in things other than on grounds and in accordance with the procedure established by this code.
2. Each detainee subjected to detention, a person reported the grounds and reasons for these actions. About this writing shall be notified to the Prosecutor.
3. the Prosecutor, officials of the internal affairs agencies or other State bodies authorized by this code, shall immediately release the person, unlawfully detained, subjected to detention, rendering or under arrest.
4. during the administrative procedure, no one may be subjected to torture, violence or other cruel, inhuman or degrading treatment or punishments. Commit against the will of a person or his legal representative action restricting their rights is permitted only in the cases and in the manner expressly provided for in this code.
5. A person who has been as a measure of administrative penalty elected administrative arrest, persons subjected to administrative detention and detention, as well as rendering should be carried out under conditions excluding the threat to his life or health.
Article 10. The principle of the inviolability of private life in the course of administrative proceedings is ensured protection of private life, personal and family secrets. Everyone has the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic, Internet and other communications. Restrictions on these rights in the course of the administrative proceedings shall not be permitted if it is not expressly prescribed by the legislation of Turkmenistan.
Article 11. The principle of the inviolability of property
1. Protection of property is guaranteed by the State. No one may be deprived of his property except on the grounds and in the manner established by law.
2. seizure of property, detention of the vehicle and other measures to ensure the administrative proceedings affecting the integrity of the property can be applied only in cases and in the manner prescribed by this code.
Article 12. The precautionary principle of administrative offences 1. State bodies, public associations, labour collectives develop and implement activities aimed at the prevention of administrative offences, identify and eliminate the causes and conditions that contribute to the education of citizens, in a spirit of high conscientiousness and discipline, strict compliance with the law.
2. the Hakims, ensuring compliance with the laws, the protection of the State and public order, citizens ' rights, coordinate on the territory of the velayat, etrap towns work of all State bodies and public associations for the prevention of administrative offenses, supervise the activities of the administrative commissions, commissions on minors ' Affairs and other authorities involved in the fight against administrative offenses and accountable to them.
Article 13. Language production administrative proceeding is conducted in the State language. If necessary, the persons participating in the proceedings and did not speak the language in which the proceedings underway, clarifies and provides for the right to make statements, give explanations, submit petitions, to bring complaints, get acquainted with materials of proceedings, to speak in its consideration in their native language or another language in which they are proficient, use the services of an interpreter.
Article 14. Exemption from the obligation to give evidence explaining the 1. No one may be compelled to give explanations against himself or his close relatives (parents (including adoptive parents), spouses, children (including usynovlënnye), grandparents on his father's side and the mother, grandchildren, relatives and nepolnorodnyh brothers and sisters).
2. The persons referred to in paragraph 1 of this article, shall have the right to refuse to give explanations that do not entail any responsibility.
Article 15. The right to professional legal assistance 1. In the course of administrative proceedings, every person has the right to receive professional legal assistance in accordance with the legislation of Turkmenistan.
2. In the cases provided for by law, professional legal assistance is provided free of charge.
Article 16. Transparency of administrative proceedings 1. Authorities empowered to consider the case, carry out administrative proceedings opened.
2. In cases containing information constituting State secrets, as well as in responding to the authority competent to hear the case, the relevant application person participating in the proceedings, referring to the need to preserve personal, family, commercial or other secrets protected by the law, information about intimate aspects of the private life of a person or to other circumstances that prevent the open proceedings, administrative proceedings are carried out in private.
3. Personal correspondence and personal message wire may be announced when production only with the consent of the persons among whom this correspondence took place and exchange of telegraphic communications. In other cases, personal correspondence and personal messages of these persons are made public Telegraph and are investigated in an enclosed workplace. These rules are applied and when researching fotokinodokumentov, audio-video tapes, containing information about a person's private life.
4. Persons participating in the proceedings, as well as attending the outdoor production, have the right to record in writing course of production. Audio-video recording, kinofotos″ëmka, direct radio and tv production are allowed with the consent of the parties to the proceedings to resolve the designated official. These actions should not hinder the normal course of production and may be limited in time.
Article 17. Judicial protection of rights, freedoms and lawful interests of persons 1. Every person has the right to judicial protection of his rights, freedoms and lawful interests. The person concerned shall have the right, in the manner prescribed by the legislation of Turkmenistan, apply to the Court for protection of violated or disputed rights, freedoms and interests protected by law.
2. in order to implement the tasks assigned duties, the Prosecutor may apply to the Court for the protection of the rights of natural and legal persons, public and State interests.
3. No one may be changed without his consent jurisdiction of cases on administrative offence, as stipulated by law.
Article 18. Security during administrative proceedings carried out in conditions ensuring normal operation of the body hearing the case and the safety of participants in the proceedings. To ensure the security of the authorized officer in conducting administrative proceedings may order the verification of identity of individuals wishing to attend.
Article 19. Freedom to appeal procedural actions and decisions
1. actions and orders authorized official to review the case of an administrative offence may be appealed in the manner prescribed by this code.
2. Persons participating in the proceedings have the right to request a review of the Ordinance in the case of an administrative offence, in the manner prescribed by this code.
Chapter 2. The Turkmen Code of administrative offences in time and space Article 20. The Turkmen Code of administrative offences in time 1. Persons who have committed an administrative offence, subject to prosecution under the law of Turkmenistan on administrative offences, existing at the time of the offence.
2. the rules of the present Code, mitigating or abolish liability for administrative offences shall be retroactive, i.e. apply to offences committed before its entry into force.
3. the rules of the present Code, establishing or intensifying liability for administrative offences, does not have retroactive effect.
4. the time of the Commission of administrative offence is deemed to be the time when its effects and, in cases where liability is established for the mere fact of an action (inaction) of this code, the time of the actions (inaction).
Article 21. The Turkmen Code of administrative offences in the space of 1. Persons who have committed administrative offences in the territory of Turkmenistan, including the air space, internal waters, territorial sea, exclusive economic zone and on the continental shelf is subject to the liability established by this code.
2. a person who has committed an administrative offence on a vessel attributed to a port of Turkmenistan, located in the water or airspace outside Turkmenistan, liability under this code, unless otherwise provided in an international agreement.
Chapter 3. Administrative offence and administrative responsibility Article 22. The concept of administrative offences 1. Administrative offence is unlawful, culpable (committed intentionally or through negligence) action (inaction) of a physical or legal person for which the present Code provides for administrative liability.
2. a legal person is recognized guilty of committing an administrative offence if it is established that he had the option to comply with the rules and regulations for the violation of which this code provides for administrative liability, but the person had not taken all the measures to comply with them.
3. the imposition of an administrative penalty on a legal entity does not absolve the perpetrator of an individual from the administrative responsibility for the offence, as well as bringing to administrative or criminal liability of the natural person does not exempt from legal person administratively liable for the offence.
4. The administrative responsibility for the offence provided for in the special part of this code, if it comes by nature does not entail, in accordance with the legislation of Turkmenistan.
Article 23. Intentionally administrative offence administrative offence committed intentionally admits, if the person has committed an administrative offence was aware of the wrongfulness of his actions (or omissions), foresaw its harmful effects and wished their occurrence or knowingly allowed offensive these consequences or treated them indifferent.
Article 24. Commission of the administrative offence of negligence an administrative offence contemplated is recognized through negligence, if the person has committed an administrative offence, foresaw the possibility of occurrence of the harmful consequences of their actions (omission), but without sufficient grounds to lightly expected to prevent them either through negligence does not foresee the possibility of such effects, although it should have been and could foresee them.
Article 25. Grounds for administrative liability basis for administrative responsibility is an Act (action or inaction) containing all the elements of administrative offence under this code.
Article 26. The age of administrative responsibility administrative responsibility to individuals, age at the time of the Commission of the administrative offence, the age of 16.
Article 27. Administrative responsibility of minors 1. Minors between the ages of sixteen to eighteen years of age who have committed an administrative offence shall bear administrative liability in accordance with this code. Each minor should receive humane treatment and respect for the dignity of the human person, taking into account his or her age.
2. With regard to minors who have committed an administrative offence between the ages of sixteen to eighteen years of age may be subject to an administrative penalty in the form of a warning regardless of whether or not it is provided for in the authorization of the relevant article of the special part of this code.
3. A minor between sixteen to eighteen years of age who has committed an administrative offence, taking into account the particular circumstances of the offence committed, the offender's mental development, his household and housing conditions, health status and level of education of the commissions on minors ' Affairs of the khyakimliks etraps and towns with etrap rights or (hereinafter referred to as the Juvenile Affairs Commission) and other bodies authorized to hear cases can be relieved of administrative responsibilities and may be subject to other disciplinary measures provided for by the legislation of Turkmenistan.
4. Minors between the ages of sixteen to eighteen years of age who have committed administrative offences, prescribed by articles 79, 92, 210-219, 221-224, 226, 228-232, 317, 345-346, 350 and 375-378 of the present Code shall incur administrative liability. Taking into account the nature of the administrative offence and the personality of the offender, the case against the said persons (with the exception of persons who have committed an offence under article 378 of the present Code) may be transferred to, and cases on administrative offences, prescribed by article 92 of the present Code shall normally be subject to referral commissions on juvenile affairs.
Article 28. The administrative responsibility of the deputies of the Majlis of Turkmenistan and members of velayat, etrap, municipal Halk maslahaty and the Gengeshi, Deputies, members of the Mejlis of Turkmenistan velayat, etrap, municipal Halk maslahaty and the Gengeshi, are not subject to administrative liability for administrative offences committed without the consent of the Mejlis of Turkmenistan, the Khalk Maslakhaty and Gengeshi.
Article 29. Administrative liability of soldiers and other persons subject to disciplinary statutes 1. Soldiers and citizens performing military duties, as well as those of ordinary, non-commissioned officers and officers of the internal affairs authorities for convoys committed administrative offences shall bear disciplinary liability in cases expressly provided for disciplinary statutes, and in other cases shall incur administrative liability. These persons cannot be applied to an administrative arrest, and the military conscripts and fine.
2. persons subject to disciplinary statutes or special provisions on discipline, other than those referred to in paragraph 1 of this article, for committing administrative offences shall bear disciplinary liability in cases directly stipulated by normative legal acts of Turkmenistan, and in other cases shall incur administrative liability.
3. The persons referred to in paragraphs one and two of this article, for administrative offences connected with the regime of the State border of Turkmenistan, crossing points across the State border of Turkmenistan, tax and sanitary legislation of Turkmenistan, Turkmenistan legislation on the veterinary, fire safety, traffic safety, hunting and administered by hunting, fishing and conservation of aquatic biological resources, shall incur administrative liability.
4. Authorized officials of direct materials on administrative offence against the persons mentioned in paragraphs one and two of this article, without applying measures of administrative punishment to the relevant authorities to address the issue of bringing perpetrators to disciplinary responsibility.
Article 30. Administrative responsibility of officials 1. Officials shall incur administrative liability for administrative offences connected with the nonperformance or improper performance of their duties.
2. financial sanctions imposed on a legal person, and the penalties applied to it in accordance with the legislation of Turkmenistan, could be grounds for administrative liability of officers of the legal person if it is provided in the special part of this code.
Note officials admit persons permanently or temporarily by special authority exercising functions of public authorities, as well as perform organizational-regulatory, administrative or control and audit functions in State bodies, local self-government bodies, enterprises, institutions and organizations irrespective of their form of ownership, in the armed forces of Turkmenistan, other troops and military formations, as well as persons performing these functions in business activity without establishment of legal entity.
Article 31. Administrative liability of foreign citizens, persons without citizenship and foreign legal persons
1. Foreign citizens, persons without citizenship and foreign legal persons who have committed administrative offences in the territory of Turkmenistan, shall incur administrative liability on the same basis as specified in the present code.
2. The question of administrative liability of the foreign citizen, enjoys immunity under the laws and the international treaties of Turkmenistan and has committed an administrative offence on the territory of Turkmenistan shall be permitted in accordance with the norms of international law.
Article 32. Administrative liability of legal persons 1. Legal persons are administratively liable for committing an administrative offence in the cases provided for in the special part of this code.
2. If the articles sections I, III and IV of this code does not specify that these articles rules apply only in respect of the physical person or legal entity only, these standards apply equally to physical and legal persons, except in cases where the meaning of these rules are and can only be applied to an individual.
3. When merging several legal persons are administratively liable for committing an administrative offence drawn emergent entity.
4. When you attach a legal person to another legal person administratively liable for committing an administrative offence prisoedinivšee legal person involved.
5. If a legal person or when selecting from the legal person of one or more legal persons are administratively liable for committing an administrative offence drawn the legal entity to which according to balance network crossed the rights and obligations under the concluded transactions or property in respect of which an administrative offence has been committed.
6. When converting a legal person from one legal form to another to administrative liability for committing an administrative offence drawn emergent entity.
7. In the cases referred to in parts of the third to sixth this article, administrative responsibility for committing an administrative offence occurs, regardless of whether you know engaged to administrative liability legal person about administrative offence prior to the completion of the reorganization.
8. Administrative punishment imposed in accordance with the present code on the legal person for committing an administrative offence prior to the completion of the reorganization of a legal entity shall be applied taking into account the provisions of parts of the third-six of this article.
Chapter 4. Circumstances precluding administrative liability Article 33. Urgent need to 1. Is not an administrative offence causing damage to protected interests of this code in a State of extreme necessity, i.e. to remove the danger directly threatening the life, health, rights and legitimate interests of the person or other persons, interests of society or the State, if this danger in the circumstances could not be resolved by other means and thus not allowed excess of limits of extreme necessity.
2. Exceeding of the limits of extreme necessity is recognized as causing harm, clearly not appropriate to the nature and extent of the danger and the circumstances in which the risk removed, when protected by this code the interests of harm is clearly more significant than predotvraŝaemyj. Such excess implies responsibility only in cases of intentional harm.
Article 34. Self-defence 1. Is not subject to administrative liability, although the perpetrator of the action provided for in the special part of this code, but in force in self-defence, that is, to protect the interests of the State or society, health, rights, freedoms and legitimate interests of individuals, property, public administration from unlawful encroachments by causing the injury of defending one's, if no amount was exceeded limits of necessary defence.
2. Exceeding the limits of necessary defence recognized clear mismatch protection the nature and degree of danger of assault resulting in defending one's caused manifestly abnormal damage not called ambience. Such excess shall entail administrative responsibility only in cases of intentional harm.
Article 35. Insanity is not subject to administrative liability of a person who, at the time of the Commission of the wrongful act or omission was in a State of insanity, then there might not be aware of the nature and value of their actions (inaction) of their public danger or control them due to mental illness, temporary mental disorder, painful, dementia or other painful condition.
Article 36. Reasonable risk 1. Is not an administrative offence causing damage to the interests protected by this code, when a sound risk for achieving socially useful purpose.
2. Risk is recognized as justified, if the goal could not be achieved by not associated with risk of actions of the person committing the risk has taken sufficient steps to prevent harm to interests protected by this code.
3. Risk justified is not recognized if he knowingly was fraught with danger to life or health, ecological disaster, public disaster or in other serious consequences.
Article 37. 1 physical or mental coercion. Is not an administrative offence the Commission of actions (or omissions), as provided for in the special part of this code, as a result of physical or mental coercion, if, as a consequence of such coercion person could not manage their actions (inaction).
2. in other cases, the question of liability for damage caused to protected interests of this code as a result of physical or mental coercion is solved taking into account the provisions of this code.
Article 38. Execution of the order 1. Responsibility for the administrative offence committed when the perpetrator of the action (inaction), as provided for in the special part of this code pursuant to a mandatory order for it or otherwise, given in the prescribed manner and subject to the appropriate form, is a person who has made such an order or such indication.
2. a person who intentionally commits an administrative offence pursuant to knowingly unlawful order or otherwise, is subject to administrative liability on the same basis. Failure of knowingly unlawful order or otherwise excludes administrative responsibility.
Article 39. Application of administrative punishment or exemption from administrative liability for petty administrative offence law, having the jurisdiction to decide a case in respect of a person who has committed a petty administrative offence can replace an administrative penalty under this code easier to view this foreclosure or release him from administrative liability and limit itself to verbal comment.
Note Minor administrative offence recognized action (inaction), which has signs of administrative offences provided for in the special part of this code, but in character, size caused harm and the severity of the consequences of not having a significant effect on the interests protected by law.
Chapter 5. Administrative punishment Article 40. Purpose of administrative punishment 1. Administrative punishment, as a measure of responsibility, applies for the purpose of educating person committed an administrative delinquency in a spirit of respect for the law and for the prevention of committing new offences by the offender and other persons.
2. Administrative penalty that applies to an individual who has committed an administrative offence shall have as their purpose the causing of physical suffering or the degradation of his human dignity, as well as damage to the business reputation of a legal person.
Article 41. Types of administrative punishment 1. For committing administrative offences may be subjected to the following types of administrative punishment: 1) warning;
2) an administrative fine;
3) public works;
4) compensatory exemption subject which tool or the direct object of the administrative offence;
5) confiscation of the object, which tool or the direct object of the administrative offence;
6) limitation of the special right granted to an individual;
7) administrative expulsion from Turkmenistan of foreign nationals and stateless persons, as well as a temporary restriction on their entry into Turkmenistan;
8) administrative arrest.
9) administrative suspension of activities.
2. With respect to legal persons may apply administrative penalties envisaged in paragraphs 1-2, 4-5 and 9 of this article.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 42. Basic and additional types of administrative punishment 1. Warning, administrative fines, community service, administrative detention and the administrative suspension of activities applied only as the main types of administrative penalty.
2. Compensatory exemption subject which tool or the direct object of the administrative offence, confiscation of the object, which was an instrument or administrative offence poses a direct threat to limit special right granted to an individual, administrative expulsion from Turkmenistan of foreign nationals and stateless persons, as well as a temporary restriction on their entry into Turkmenistan can be used both as a primary and secondary types of administrative penalty.
3. For an administrative offence may be applied to basic or basic and complementary types of administrative penalty.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 43. Warning
Warning as a kind of administrative sanction is a measure of official reminders to individuals and legal entities on the inadmissibility of an infringement. Warning shall be made in writing, but the offense was petty administrative offences, as well as in cases stipulated by this code, and may be made orally.
Article 44. 1 an administrative fine. An administrative fine (hereinafter-fine) is a monetary administrative punishment imposed in cases stipulated by the given code, the body empowered to consider the case, and forced vzyskivaemoe from the guilty person or entity in the State budget of Turkmenistan.
2. The amount of the fine is determined on the basis of the basic amount as determined by the Cabinet of Ministers of Turkmenistan.
3. the minimum amount of the fine may not be less than 0.02 basic unit size, specified in part two of this article.
4. Limit value fine cannot exceed the size provided for in the special part of this code for certain types of administrative offences.
5. in case of impossibility of fine in the absence of evasion of paying court reporting entity entrusted with the execution of the order for the recovery of a fine, fine public works replaces, in accordance with article 441 of the code.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 441. Public works 1. Public works are performed by a person subjected to this kind of administrative punishment, free labour for the benefit of society, the types of which are determined by normative legal acts of Turkmenistan in accordance with the requirements of the labour legislation of Turkmenistan.
2. Public works as an administrative penalty imposed by the Court.
3. Public works are established for a term of twelve to seventy-two hours. If a person has committed an administrative offence is studying or working, the performance of public works should not exceed four hours per day away from studying and working time. With the consent of the persons who are neither studying nor working, public works can be executed more than four but not more than eight hours a day.
4. Public works may not be imposed on: 1) minors;
2) pregnant women;
3) persons on maternity leave;
4) individuals with disability groups I and II;
5) pensioners;
6) military personnel;
7) foreign citizens, persons without citizenship (except for stateless persons permanently resident in the territory of Turkmenistan).
5. In case of occurrence during the execution of public works person circumstances stipulated by part of the fourth of this article, the reporting entity entrusted with the execution of the Decree on the imposition of public works as an administrative penalty, relieve the person from further sanction.
(The code is supplemented by article 441 Turkmenistan law dated December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 45. Compensatory exemption subject which instrument or administrative offence poses a direct threat to 1. Compensatory exemption subject which tool or the direct object of the administrative offences (hereinafter referred to as compensatory seizure) is forced seizure and subsequent implementation of the specified object to the transfer of the former owner of the proceeds minus costs of implementing the seized object.
2. Compensatory exception as an administrative penalty imposed by the Court.
3. Compensatory withdrawal of a hunting rifle, ammunition to him, allowed hunting and fishing gear and other objects cannot be applied to persons for whom hunting and fishing are the only legitimate source of existence.
4. The procedure for the application of the compensatory exemptions and the list of items to be seized, payable is determined by the present code and other normative legal acts of Turkmenistan.
Article 46. Confiscation of the object, which was an instrument or administrative offence poses a direct threat to 1. The confiscation of objects that tool or the direct object of the administrative offence, and acquired in a manner prohibited by law and owned by the person committed an administrative delinquency (hereafter confiscation) is forced into uncompensated treatment of this subject to State ownership in the cases provided for in the special part of this code.
2. the confiscation as an administrative penalty imposed by the Court.
3. the confiscation of hunting rifles, ammunition to him, allowed hunting and fishing gear and other objects cannot be applied to persons for whom hunting and fishing are the only legitimate source of existence.
4. the application of confiscation is determined by the present code and other normative legal acts of Turkmenistan.
Article 47. Limitation of the special rights granted to an individual
1. limitation of the special right granted to a natural person who applies for a period of one month to two years for gross or systematic violations of the procedure for the exercise of this right, as provided for in the special part of this code.
2. limitation of the special right granted to an individual, as an administrative penalty imposed by the Court.
3. The restriction of the right of management of the means of transport cannot be applied to persons who use these tools because of a disability, except in the case of traffic management in a State of intoxication.
4. Restrictions on the right of hunting and fishing could not be applied to the persons for whom they are the only source of livelihood.
5. limitation of the special right granted to an individual may not be appointed as a punishment supplementary to public works.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 48. Administrative expulsion from Turkmenistan, as well as a temporary restriction of entry into Turkmenistan 1. Administrative expulsion from Turkmenistan of foreign nationals and stateless persons, as well as a temporary restriction on their entry into Turkmenistan as measures of administrative penalty shall be imposed in the cases provided for in the special part of this code, and when the period of temporary restrictions on entry into Turkmenistan may not exceed five years.
2. date of administrative expulsion from Turkmenistan, as well as the time limit for entry into Turkmenistan is calculated since the end of the proceedings or the reduction of a certain term in Turkmenistan.
3. In respect of foreign nationals and stateless persons may be applied provided by the legislation of Turkmenistan, reducing them to a certain term in Turkmenistan and other measures.
Note an administrative penalty in the form of administrative expulsion from Turkmenistan could not apply to stateless persons permanently resident in the territory of Turkmenistan and have proof of identity, except in cases involving the protection of the interests of national security or public order.
Article 49. 1 an administrative arrest. Administrative arrest may be used in exceptional cases for certain types of administrative offences only if the circumstances of the case and taking into account the personality of the offender, other forms of administrative punishment is deemed inadequate, for a period of up to fifteen days, and in the territories, which introduced the State of emergency, up to thirty days.
2. in the cases and pursuant to the procedure established by the present Code, administrative detention is imposed by the Court, and under a regime of emergency-Commandant of the territory in which the State of emergency is introduced, or head of the Department of Interior or his Deputy.
3. Administrative arrest cannot be applied to pregnant women, women with children under the age of fourteen years (children with disabilities under the age of eighteen years), single men raising children under the age of fourteen years (children with disabilities under the age of eighteen), minors, persons with disability groups I and II, as well as persons entitled to old-age pension or social State benefit.
4. Administrative detention is counted in the administrative arrest.
Article 50. Administrative suspension of activities 1. Administrative suspension of activities lies in the cessation of activity for a term not exceeding six months, persons carrying out business activity without establishment of legal entity, legal entities, their branches, representative offices, departments, industrial sites, as well as aggregates of objects, buildings or facilities engaged in certain activities, the provision of services.
2. Administrative suspension of activities is used in cases of threats to life or health, epidemics, Epizooties, contamination of quarantine objects of quarantine pests, the onset of radiation, chemical accidents or other emergencies, causing substantial harm to State or the quality of the environment Wednesday, as well as in cases of administrative offences in the area of trafficking in narcotic drugs, psychotropic substances and their precursors in the field of public order and public security, in the area of combating the legalization of income , received by criminal way and terrorism financing, as well as the implementation of activities within one year with repeated or gross violation of the legislation of Turkmenistan.
3. Administrative suspension of activities is imposed by a court only in cases provided for in the special part of this code, if a less stringent view of administrative punishment would not be able to achieve its goal of administrative punishments.
4. When addressing administrative offences gave rise to the administrative suspension of activities, recovery activities may be carried out by the Court on the motion ahead of a person carrying out business activity without establishment of legal entity, or entity.
Chapter 6. The imposition of an administrative penalty, article 51. General rules for the imposition of an administrative penalty 1. Administrative punishment for an administrative offence shall be imposed in accordance with this code.
2. When imposing of administrative penalty to an individual takes into account the nature of the offence committed, the offender, the extent of his guilt, property, as well as circumstances mitigating and aggravating.
3. When imposing of administrative penalty on a legal entity takes into account the nature of the offence committed, property and financial situation of the legal person, as well as circumstances mitigating and aggravating.
4. If the administrative offence provided for General and special norm, administrative responsibility for the special rule.
5. bringing to administrative responsibility does not exempt from the obligation to rectify identified violations and reimbursement of caused damage.
Article 52. Circumstances mitigating responsibility for administrative offence 1. Circumstances mitigating responsibility for administrative offence are: 1) remorse person committed an administrative offence;
2) prevent a person who has committed an administrative offence, the harmful consequences of the offence, the voluntary removal of damages or caused harm;
3) an offence under the influence of strong mental agitation or at the confluence of the heavy personal or family circumstances;
4) Commission of the offence by a minor or a person with a disability;
5) commit an offence a pregnant woman or a woman with a child under three years of age (children with disabilities under the age of sixteen years).
2. Circumstances mitigating responsibility can be recognized and other circumstances that are not listed in part 1 of this article.
Article 53. Circumstances aggravating responsibility for administrative offence circumstances aggravating responsibility for administrative offence are: 1) the continuation of the wrongful conduct, despite the requirement to stop it;
2) repeated committing during the year of the same administrative offence for which a person has been subjected to the administrative collection;
3) intentionally administrative offence by the person from whom is not removed or not settled convictions for premeditated crimes;
4) engaging in an administrative delinquency of a minor, a person sick mental disorder;
5) committing an administrative offence by a group of persons;
6) committing an administrative offence in situations of natural disaster or territories in which a State of emergency is introduced;
7) committing an administrative offence in a State of intoxication caused by alcohol, drugs or other intoxicating substances;
8) committing an administrative offence motivated by ethnic, racial or religious hatred or enmity, out for revenge for lawful actions of other persons, as well as for the purpose of concealing another offence or facilitating its perpetration;
9) committing an administrative offence against a person or his or her close relatives in connection with the performance of the individual of his or her official or public duty;
10) committing an administrative offence against a woman known to the perpetrator to be pregnant, as well as on the child under seven years of age, of another defenseless or vulnerable person or a person who is dependent on the perpetrator.
Article 54. Imposition of administrative punishment for committing multiple administrative offences 1. When making one person two or more administrative violations administrative penalty is imposed for each offence separately.
2. If the person has committed several misdemeanours for which simultaneously addresses the same notified body, administrative punishment shall be imposed within the sanctions prescribed for more serious violations. In this case, the main type of administrative penalty may be attached to one of the additional types of administrative punishment under articles of responsibility for any of the offences committed.
Article 55. The term administrative punishment Period of administrative detention is counted in days, the time limit for entry into Turkmenistan, limiting the special law and the administrative suspension of activities-in years, months and days, and public works-clock.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 56. The timing of bringing to administrative responsibility 1. An administrative penalty may be imposed not later than two months from the date of Commission of the administrative offence.
2. An administrative penalty for continuing administrative offence can be imposed not later than two months from the day of its discovery.
3. in the course of administrative investigations in cases stipulated by the given code, as well as in case of refusal to institute criminal proceedings or termination of criminal proceedings, but if the actions of the offender sign administrative offence administrative punishment can be imposed not later than one month from the day of drawing up a Protocol on administrative violation, after the completion of an administrative investigation or decision to dismiss the criminal case or on the cessation of it.
Article 57. Time after which a person shall be deemed not to have been attracted to administrative liability if the person who is the administrative discipline, within one year from the date of the end of its execution has not committed new administrative offence, that person shall be deemed not to have been attracted to administrative responsibility.
Article 58. Compensation of caused harm compensation for material and moral damage, caused as a result of an administrative offence is carried out in accordance with the procedure established by the present code and other normative legal acts of Turkmenistan.
SECTION II. SPECIAL PART, Chapter 7. Administrative offences, infringing on the political rights of citizens, article 59. Violation of citizens ' equality direct or indirect violation or restriction of human and civil rights and freedoms because of his nationality, race, sex, origin, property and official status, place of residence, language, attitude to religion, political beliefs, affiliations or lack of affiliation with any party, shall incur a fine in the amount from five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 60. Violation of the rights of citizens to freedom of opinion and expression 1. Violation of the rights of citizens to freedom of opinion and expression and the right to receive information or obstructing its implementation, as well as the direct or indirect restriction in this regard, the rights and freedoms of citizens or granting them any privileges and benefits-punishable by a fine for individuals of up to one, officials of the two dimensions of the base unit.
2. Obstruction of unification of citizens in the political parties and other public associations, free participation in their work-implies a fine for individuals of up to two, officials-to five dimensions of the base unit.
3. Violation of the order of formation of political parties and other public associations or illegal interference in their activity shall incur a fine for individuals of up to two, officials-to five dimensions of the base unit.
Article 61. Wilful obstruction of legal rights and responsibilities of citizens or officials 1. Wilful obstruction of legal rights and responsibilities of citizens or officials shall incur a fine of up to two sizes of the base unit.
2. the offences provided for in the first paragraph of this article, in territories in which a State of emergency is introduced, attracts a fine of up to eight dimensions base unit or administrative arrest for up to thirty days.
Article 62. Infringement of the equality of citizens on the direct or indirect violation or restriction of human and civil rights and freedoms, as well as perform actions on the establishment of political parties and other public associations whose aim is the violent change of the constitutional order, permitting violence in its activities, acting against constitutional rights and freedoms of citizens, propagandizing war, racial, national, religious hatred, threatening health and morals of the people, as well as political parties on an ethnic or religious discrimination or participation in their activities is punishable by a fine of up to twenty the size of the base unit or administrative arrest for up to 15 days.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 63. Violation of procedure for organizing and holding meetings, rallies and demonstrations 1. Violation of the established laws of Turkmenistan the order of mass assemblies, meetings, demonstrations and other public events, as well as public calls for organizing or holding meetings, rallies, demonstrations and other mass events in violation of established order of their organization and conduct, committed organizers and participants of such events, lead to a warning or a fine of up to four size basic units or administrative detention for up to 10 days.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of an administrative penalty, or if these offences caused property damage, shall incur a fine in the amount of up to eight dimensions base unit or administrative arrest for up to 15 days.
3. the offences provided for in the first paragraph of this article, in territories in which a State of emergency is introduced, or reward, or accompanied by the payment of a fee for participation in them attracts a fine of up to ten sizes of basic units or administrative arrest for up to 15 days.
4. Preventing someone from holding meetings, rallies, demonstrations and other events organized in the manner prescribed by the legislation of Turkmenistan, shall incur a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 64. Illegal strikes, meetings, rallies, demonstrations and other events in the territories, which introduced the State of emergency the holding, contrary to the established prohibitions on strikes, meetings, rallies and demonstrations, as well as entertainment, sports and other mass events in the territories, which introduced the State of emergency, attracts a fine of up to five size basic units or administrative arrest for up to 15 days.
Article 65. Violation of the procedure for the Organization of the work of the public association 1. Evasion of State registration of a public association, as well as supervision of the liquidated public association, as well as a public association whose activity is discontinued or banned in the manner prescribed by the legislation of Turkmenistan, or participation in their activities is punishable by a fine of five to ten sizes of the base unit.
2. Violation of the rules for the dissemination of information on the liquidated public association, as well as for those whose activities are halted or prohibited in accordance with the legislation of Turkmenistan, without specifying them, attracts a fine of two to five sizes of the base unit.
3. Financing of the activities of a public association that has no State registration, as well as the liquidated public association, or whose activities are halted or prohibited in accordance with the legislation of Turkmenistan, shall incur a fine in the amount from five to ten sizes of the base unit with the confiscation of funds or without it.
4. getting a public association, including without State registration or its members or participants in financial, material and other assistance from individuals and legal entities of foreign States in violation of the procedures of registration for such assistance, established by the legislation of Turkmenistan, shall incur a fine for individuals ranging from two to five, officials from five to ten, for legal entities-from 50 to 100 size basic units, with confiscation of the financial , material and other means.
5. implementation of NGO activities not provided for under its Statute, as well as committing illegal acts or carry out activities prohibited by the public association or the exercise of any activity on its behalf-implies a fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit or the administrative suspension of activity of legal persons for up to six months.
Article 66. Obstructing the exercise of suffrage 1. Violation of the rights of citizens to acquaint themselves with the voter lists, as well as obstruction of a citizen of Turkmenistan the right to elect and to be elected-attracts fines on individuals ranging from two to five, officials from five to eight dimensions of the base unit.
2. the offences provided for in the first paragraph of this article, using the privileges of an official or service position-attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Note the rules on administrative offences, the provisions of this code relating to the electoral right of citizens, also apply to violations of the rights of citizens to take part in referendums.
Article 67. Violation of the rules and timing of the pre-election promotion 1. Violation of the rules and timing of the pre-election campaign, established by the legislation of Turkmenistan, including advocacy on election day, attracts fines on individuals ranging from one to two, officials from two to five sizes of the base unit.
2. the offences provided for in the first paragraph of this article, using the media-attracts fines on individuals ranging from two to five, officials from five to ten sizes of the base unit.
Article 68. Wilful destruction, damage or hinder the propaganda printed materials meeting with voters intentional destruction, defacement or damage to posters and other propaganda printed materials, posted in accordance with the legislation of Turkmenistan on the buildings, structures and other objects with the consent of the proprietor or owner of these objects, as well as hindering the meeting with voters
leads fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 69. Disseminating false information about a candidate Spread false information about a candidate, or the Commission of other acts detrimental to the honor and dignity of a candidate, his close relatives and Trustees, leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 70. Violation of the rights of voters, candidates, their proxies, members of electoral commissions, observers, representatives of the media, a violation of the rights of voters, candidates, their proxies, members of electoral commissions, observers, the media-attracts fines on individuals ranging from one to two, officials from two to five sizes of the base unit.
Article 71. Violation of citizens ' voting rights 1. Issuance of a member of the Electoral Commission or other person ballots to citizens in order to enable them to vote for other persons or extradition of filled ballot or to provide an opportunity to obtain more than one ballot paper, or otherwise obstructing the exercise of the electoral rights of citizens at polling stations, as well as the unlawful imposition of ballot papers from the premises for voting-attracts a fine of up to two sizes of the base unit.
2. delivery or storage of ballots at polling stations in quantities exceeding those established by the electoral legislation of Turkmenistan, shall incur a fine in the amount from five to ten sizes of the base unit.
Article 72. Violation of the order of financing of elections and the presentation of financial statements 1. Violation of the procedure for financing the elections, including the transfer of funds to electoral commissions, as well as the submission of financial reports stipulated by the legislation of Turkmenistan, shall incur a fine on officials of up to five sizes of the base unit.
2. failure to submit or non-existent candidates political parties information about income and expenses associated with participation in the elections, as well as concealing this information in financial reports-attracts fines on individuals ranging from one to two, officials from two to five sizes of the base unit.
Article 73. Obstruction or unlawful interference in the work of electoral commissions 1. Obstruction of activities of election commissions, related to the performance of their duties, as well as illegal interference in their activity shall incur a fine for individuals ranging from one to two, officials from two to five sizes of the base unit.
2. the acts provided for in paragraph 1 of this article, with the use of violence or threat of violence-attracts fines on individuals ranging from two to five, officials from ten to twenty dimensions base unit or administrative arrest for up to 15 days.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 74. Failure and non-existent information about the results of the vote and the outcome of elections 1. Failure to provide information on the results of the vote and the outcome of the election in the manner prescribed by the legislation of Turkmenistan, shall incur a fine for officials ranging from two to five sizes of the base unit.
2. Is non-existent in the manner and within the period established by the legislation of Turkmenistan, information on the results of the vote and the outcome of the election, leads a fine on officials of from five to ten sizes of the base unit.
Chapter 8. Administrative offences, infringing on the freedom of religion and belief Article 75. Violation of the right to freedom of religion and Association in religious organizations 1. Violation of the right of citizens to profess any religion or to profess no religion, to express and disseminate beliefs associated with his or her attitude to religion, to participate in religious services, rites and ceremonies and to join in religious organizations, as well as an insult to religious feelings-brings about a warning or a fine ranging from two to five sizes of the base unit.
2. Citizen engagement in religious organizations, as well as in the currents and sects and their activities by material interest, mental effects, cheating and other illegal ways, attracts a fine of five to ten sizes of the base unit.
3. Obstructing the exercise by citizens of their right to freedom of conscience and religion against their will-attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 76. Violation of the legislation of Turkmenistan on religious freedom and religious organizations 1. Violation of the established legislation of Turkmenistan of arrangements for religious customs and ceremonies, the implementation of charitable and other activities, as well as the manufacture, import, export, distribute literature and other materials of religious content, objects for religious purposes-
attracts fines on individuals ranging from one to two, officials from two to five, for legal entities-from five to ten sizes of the base unit.
2. the manufacture, importation, exportation, distribution of religious literature, information, including information obtained from the Internet, or objects for religious purposes, promoting war, fuelling religious, national and ethnic, sexual and racial confrontation based on religious arguments, punishable by a fine for individuals ranging from two to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
3. the manufacture, storage and distribution of publications, film, photo, audio, video or electronic media, or information that contain ideas of religious extremism, separatism and fundamentalism, is punishable by a fine for individuals ranging from two to five, officials from five to ten sizes of basic units or administrative arrest for up to 15 days, to legal persons-a fine in the amount from ten to twenty dimensions base unit with confiscation of publications , cinematographic, photographic, audio, video, electronic media, and information and their manufacture and distribution or without it.
4. Acts aimed at religious dichotomy, tensions, hostility, shall incur a fine in the amount from one to three sizes of the base unit.
5. implementation of the religious organization activities not covered by its Charter, as well as violation of the established laws of Turkmenistan the order of teaching children to religious dogma-entail the imposition of a fine on officials of up to four, to legal persons-up to ten dimensions of the base unit.
6. the adoption of minors in religious organization, as well as religious instruction against their will or the will of their parents or persons in loco parentis, including teaching religious beliefs in private, is punishable by a fine of up to five sizes of the base unit.
7. Repeated committing offences under paragraphs 1 to 6 of this article within one year after the application of measures of administrative penalty-attracts a fine of up to ten dimensions of the base unit, the administrative suspension of activity of legal persons for up to six months.
8. occupation of religious organizations, political activities, including conducting political propaganda or participate in the activities of political parties or to provide them with financial support, institutional structures of religious organizations in Government, intervention by members of religious organizations in the activities of State bodies or their officials, or their functions entail fines for individuals of up to five, officials-to ten on legal persons-up to twenty dimensions base unit or administrative suspension of activity of legal persons for up to six months.
Article 77. Violation of the order of organizing activities of religious organization 1. Failure to register a religious organization, as well as leadership liquidated religious organizations, as well as religious organizations, whose activities are halted or prohibited in accordance with the legislation of Turkmenistan, or participation in their activities is punishable by a fine of five to ten sizes of the base unit.
2. Violation of the rules for the dissemination of information about the banned religious organization, as well as a religious organization, which halted or prohibited in accordance with the legislation of Turkmenistan, without specifying this is attracts a fine of two to five sizes of the base unit.
3. Financing of the activities of a religious organization that does not have a State registration, as well as dissolved religious organization or religious organization whose activity is discontinued or banned in the manner prescribed by the legislation of Turkmenistan, shall incur a fine in the amount from five to ten sizes of the base unit with the confiscation of funds or without it.
4. obtaining a religious organization, including not having state registration or its members or participants in financial, material and other assistance from individuals and legal entities of foreign States in violation of the procedures of registration for such assistance, established by the legislation of Turkmenistan, shall incur a fine for individuals ranging from two to five, officials from five to ten, for legal entities-from 50 to 100 size basic units, with confiscation of the financial , material and other means.
Chapter 9. Administrative offences in the area of public health Article 78. Violation of the legislation of Turkmenistan on sanitary-epidemiological well-being 1. Violation of sanitary legislation of Turkmenistan, including sanitary-and-hygienic norms and regulations, failure to comply with sanitary and anti-epidemic (preventive) and sanitation if this led to care-an offence shall incur a fine of up to five sizes of the base unit.
2. The Commission of the offences provided for in paragraphs 1 and 3 of this article, including requirements for the protection of the atmospheric air, if they are committed in the territories of Turkmenistan's armed forces, other troops and military organs, joints, military units, military bases, military schools and military training grounds, facilities located in them, as well as under their supervision-attracts a fine of up to five sizes of the base unit.
3. Violation of the rules of quarantine, sanitary and anti-epidemic requirements (preventive) and other obligatory sanitary activities established in the territories in which a State of emergency is introduced, attracts a fine of up to ten sizes of basic units or administrative arrest for up to 15 days or administrative suspension of activity of legal persons for a period of up to three months.
Article 79. Violation of the legislation of Turkmenistan on the prohibition of smoking violation of the Turkmenistan legislation banning smoking, i.e. cigarette smoking including hookah and other tobacco products in State Executive and administrative bodies, executive bodies and local self-government bodies, enterprises, institutions and organizations irrespective of their form of ownership, military units and formations, educational institutions, theatres and cinemas, on public transportation, in parks and other places of mass visiting citizens leads to a fine of up to one size basic units with confiscation of cigarettes and tobacco products, devices intended for their smoking, or without it.
Article 80. The manufacture, acquisition, possession, transport, transfer, sale or consumption of NASA 1. The manufacture, acquisition, possession, transport or forwarding of NASA with the goal of consuming, as well as consumption of NASA-punishable by a fine of one to three dimensions basic units with confiscation of NASA, raw materials and production equipment or without it.
2. the manufacture, acquisition, possession, transport or forwarding of NASA's small size, with a view to marketing, and marketing of NASA-punishable by a fine of five to twenty dimensions base unit with confiscation of NASA, raw materials and production equipment or without it.
3. Repeated committing the offences provided for in part two of this article within one year after the application of measures of administrative penalty-attracts a fine of twenty to thirty size basic units with confiscation of NASA, raw materials and production equipment or without it, or administrative arrest for up to 15 days.
Note 1. NASA's small size, specified in the present article establishes normative legal acts of Turkmenistan.
2. A person who voluntarily available which we shall be freed from administrative liability for the acts described in this article.
Article 81. Violation of sanitary legislation of Turkmenistan in transport 1. Violation of the rail, maritime and river transport of sanitary-and-hygienic norms and regulations or failure to comply with sanitary and anti-epidemic (preventive) and sanitation-implies a fine for individuals of up to one on officials-to five dimensions of the base unit.
2. the offences provided for in the first paragraph of this article, in air transport, airports, airfields and adjacent sites and other places-implies a fine for individuals of up to two, officials-to five dimensions of the base unit.
Article 82. Illicit trafficking in narcotic drugs, psychotropic substances or medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances 1. The illegal acquisition, possession of narcotic drugs or psychotropic substances in small sizes without sales goals as well as their consumption is punishable by a fine of up to one size basic units with confiscation of narcotic drugs and psychotropic substances or administrative arrest for up to 15 days.
2. illicit manufacture, acquisition, possession, transport or shipment of medicines to be release based on a prescription containing tramadol hydrochloride (tramadol other products) or other psychoactive substances, without the purpose of selling, as well as their consumption is punishable by a fine of up to two sizes of the base unit with the confiscation of medicines containing tramadol hydrochloride (tramadol other products) or other drugs, or without it.
3. The illegal manufacture, acquisition, possession, transport or shipment of medicines provided by paragraph 2 of this article, in small sizes for sale, as well as their implementation is punishable by a fine for individuals ranging from three to six, officials from six to twelve size basic units or administrative arrest for up to 15 days, for legal entities-from twelve to twenty-five size basic units with confiscation of medicines containing tramadol hydrochloride (tramadol other products) or other drugs, or without it.
Note
1. minor dimensions of narcotic drugs or psychotropic substances, as well as a list of medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances, and their small size, specified in this article shall be established by normative legal acts of Turkmenistan.
2. A person who voluntarily which had him narcotic or psychotropic substance, as well as medicines containing tramadol hydrochloride (tramadol other products) or other psychoactive substances are exempted from administrative liability for the acts described in this article.
(As amended by the law of Turkmenistan on March 1, 2014, and from February 2, 2015-Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 45; 2015, no. 1, p. 10) article 83. Evasion of the medical examination of persons with suspected disease venereal disease or HIV-1 infection. Evasion of medical examinations for persons against whom there is sufficient evidence to suspect that they are sick of venereal disease or HIV-infected, continued after warnings issued by health authorities, attracted by a fine in the amount of 0.5 to one the size of the base unit.
2. Wilful refusal to treatment provided for in paragraph 1 of this article, after giving a warning, issued by the health authority, shall incur a fine in the amount from ten to twenty dimensions base unit or administrative arrest for up to 15 days.
Article 84. Dodging people who have been in contact with diseased venereal disease or HIV-positive, prophylactic treatment of Dodging a person in contact with the sick venereal disease or HIV, from preventative treatment, continued after warnings issued by health authorities, attracted by a fine in the amount of 0.5 to one the size of the base unit.
Article 85. Hiding the source of infection of sexually transmitted disease, HIV infection, and persons who had contact with him, creating a risk of concealment of the face, sick sexually transmitted disease, HIV infection, the source of infection, as well as persons who had contact with him, creating the risk of contracting these diseases, attracts a fine of up to the same size of the base unit.
Article 86. Illegal medical and pharmaceutical activity 1. Illegal occupation of medical, pharmaceutical or other activities in the field of public health (including private medical practice and private pharmaceutical activities) a person without a licence for the appropriate activity, higher or secondary medical and pharmaceutical education, leads a fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit.
2. a breach of availability and guaranteed amount of free medical assistance to the population in health authorities, as well as the failure to provide benefits to certain categories of citizens in the provision of medical care envisaged by the legislation of Turkmenistan, shall incur a fine for individuals of up to five, officials-to ten sizes of the base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty or a group of persons, as well as causing damage to health-attracts fines on individuals ranging from three to eight, officials from eight to twelve, to legal persons from ten to fifteen sizes base sizes.
4. participation of health workers, authorized the appointment of drugs, advertising of medicines, the sale of medicines by health workers in the workplace, except for the cases stipulated by the legislation of Turkmenistan, as well as in certain pharmacies or other organizations and other forms of cooperation with them for an award is punishable by a fine for individuals of up to eight, officials-to fifteen sizes base sizes.
Article 87. Violation of the rules of pharmaceutical activity 1. Violation of the rules of production, registration and re-registration, quality control, testing (research), procurement, transport, storage, labelling, sale, use, security, destruction, advertising of medicinal products and medical devices, if they will not cause harm to human health, leads a fine for individuals ranging from one to two, officials from two to four, to legal persons-from five to ten sizes of the base unit.
2. the production, purchase, transportation, storage, sale, advertising of unregistered, counterfeit, not allowed to use medicinal products and medical devices, as well as the sale of medicines and medical products with application deadlines remain inactive before they expire, unless they have caused harm to human health, is punishable by a fine for individuals ranging from two to four, officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
3. Acts provided for in paragraphs 1 and 2 of this article, if they caused harm to human health, leads a fine for individuals ranging from three to five, officials from eight to twelve, to legal persons from fifteen to twenty five sizes of the base unit with the confiscation of drugs and products of medical purpose or without it.
Chapter 10. Administrative offences, infringing on property rights Article 88. Violation of the right of State property in the bowels of subsoil use without permission, as well as transactions, direct or covert way curtail the right of State ownership of the subsoil is punishable by a fine in the amount of individuals-to two officials-to five dimensions of the base unit.
Article 89. Violation of the rights of State ownership of water seizure of water bodies, water without a permit, the transfer of water rights to a third party, as well as other transactions, directly or implicitly violate the right of State ownership of water, leads a fine for individuals of up to three officials size up to 10 basic units.
Article 90. Violation of the rights of State ownership of forests forest management rights Transfer to a third party without permission, as well as other transactions, directly or implicitly violate the right of State ownership of forests, implies a fine for individuals of up to one, officials of the two dimensions of the base unit.
Article 91. Violation of the rights of State ownership of the animal world Assignment without authorization of the right to use fauna to a third person or committing other transactions, directly or implicitly violate the right of State property in the animal world, as well as unauthorized use of fauna, which require authorization, brings about a warning or a fine for individuals of up to one, officials of the two dimensions of the base unit.
Article 92. Petty larceny Petty theft of someone else's property by theft, misappropriation, embezzlement or fraud-attracted by a fine in the amount of one to twelve size basic units or administrative arrest for up to 15 days.
Note larceny is recognized fine, if the value of the stolen does not exceed the average monthly wage, established by the legislation of Turkmenistan.
Article 93. Refusal to reimburse property damage caused offence to enterprises, institutions, organizations of evading the compensation of material damage caused to enterprises, institutions, organizations of crime the person obliged to sentence or court order to compensate such damage, leads a warning or a fine of up to the same size of the base unit.
Article 94. Intentional destruction of or damage to someone else's property intentional destruction of or damage to other people's property, unless damage caused significant damage, leads a fine up to one size of the base unit.
Note If the size of the damage caused does not exceed five average monthly wage, established by the legislation of Turkmenistan, it is considered to be negligible.
Article 95. Illegal acquisition of property or benefits of property nature 1. Undue or unlawful seizure or other seizure of property of citizens by officials of State bodies, punishable by a fine of up to three sizes of the base unit.
2. use of official authority or related opportunities public servant or person equivalent thereto, to obtain for himself or for a third party benefit in the form of money, securities, other assets, or services of property nature, other property rights, as well as bribery of those persons by illicit granted such benefits to other individuals, as well as the Commission of said acts in the name of or on behalf of legal persons , attracts a fine of three to ten sizes of the base unit.
Note 1. In this code a public servant is a person who occupies a post specified in the registry civil servant posts, and carrying out activities to implement the objectives of the public service. Public servants do not include those employed in Government and carrying out maintenance or performing support functions.
2. the present Code persons amounting to public servants who are considered citizens elected to the velayat, etrap, municipal Khalk Maslakhaty, the Gengeshi, registered as candidates for public office in the manner prescribed by the legislation of Turkmenistan, as well as persons performing organizational and regulatory, administrative or control and audit functions in enterprises and organizations, in the authorized Fund of a State shall not be less than twenty-five per cent.
(As amended by the law of Turkmenistan on May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 79) Article 96. Possession, acquisition or sale of property known to be obtained illegally
Not promised possession, acquisition, or sale of property, knowingly obtained illegally, punishable by a fine of ten to twenty dimensions base unit or administrative arrest for up to 15 days.
Article 97. Violation of the procedure of providing and receiving foreign assistance 1. Provision of foreign natural or legal persons of foreign aid for activities forbidden by legislation of Turkmenistan, leads an administrative expulsion from Turkmenistan with a temporary restriction of entry into Turkmenistan for up to five years, with or without foreign assistance.
2. receipt of foreign aid to carry out extremist activity or other action prohibited legislation of Turkmenistan, as well as its storage and moving, or using foreign aid to finance political parties, preparation and holding of elections, referenda, early termination of powers of Deputies, members of the Khalk Maslakhaty, the Gengeshi, organization and holding of meetings, rallies, demonstrations and other public events, manufacture and distribution of propaganda materials, spending among the population of political and other kinds of media advocacy-attracts a fine of up to ten dimensions base unit with confiscation of foreign aid.
3. Violation of the order receipt and use of foreign technical, financial, humanitarian and other forms of assistance established by the legislation of Turkmenistan, shall incur a fine in the amount from two to five sizes of the base unit.
Chapter 11. Administrative offences in the area of nature conservation and environment protection Wednesday Article 98. Violation of requirements of legislation of Turkmenistan aimed at the rational use and protection of land Mismanagement and wastage of land, is not commensurate with their purpose and the conditions for granting, failure of established land conservation activities, as well as non-compliance with the conditions for removing and storing the fertile layer of soil reclamation, failure to comply with mandatory measures to protect the soil from wind erosion and other processes, worsening their condition, punishable by a fine for individuals of up to one on up to three officials, legal persons-up to six dimensions of the base unit.
Article 99. Transfer of land sublet to sublet the Land Transfer, i.e. the illegal transfer of land to a person who has received it to another person for use and misuse of it by another person is punishable by a fine of up to ten dimensions of the base unit.
Article 100. Land damage 1. The corruption of the fertile layer of soil at a level when using it for the purpose it is impossible, or the destruction of fertile soil-implies a fine for individuals of up to one, on up to three officials, legal persons-up to six dimensions of the base unit.
2. Land contamination from chemical or radioactive substances, bacterial or parasitic quarantine plant and animal organisms, industrial and household waste, sewage, oil and others attracted a fine for individuals of up to three officials-to six, to legal persons-up to twelve dimensions of the base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty-implies a fine for individuals of up to five, officials-to ten, to legal persons-up to twenty dimensions base unit.
Article 101. Failure to comply with the requirements of environmental mode of land use, violation of the terms of the return of land temporarily satisfy the requirements of the environmental mode of land use, violation of the terms of the return of temporarily occupied lands or neglect to bring them into a State suitable for its intended use, implies a fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit.
Article 102. Putting into operation of objects with negative impact on land commissioning, with negative impact on land-implies the imposition of a fine on officials of up to ten dimensions of the base unit.
Article 103. Unauthorized retreat from projects and on-farm mixed land Retreat without permission from the approved project in accordance with the established procedure of inter-farm and on-farm land-implies a fine for individuals of up to one, on up to three officials of the sizes of the base unit.
Article 104. Information distortion of State registration, accounting and valuation of land information Distortion of State registration, accounting and valuation of land-implies the imposition of a fine on officials of up to three sizes of the base unit.
Article 105. The destruction of the boundary marks the destruction of the boundary marks the boundaries of land tenure and land-implies a warning or a fine for individuals of up to one, on up to three officials of the sizes of the base unit.
Article 106. Violation of requirements for protection of the subsoil
1. Mining without approval from the authorities for the protection of nature and the State mining and geological supervision, unauthorized construction on the areas mineral, failure to comply with safety rules and environmental protection requirements Wednesday, buildings and structures from harmful influence of works connected with use of mineral resources, destruction of or damage to the supervisory regime of wells for underground water, as well as surveying and geodetic marks-punishable by a fine for individuals of up to three on officials-to five dimensions of the base unit.
2. selective refinement of rich plots deposits, leading to unwarranted losses balance reserves of minerals, excessive losses and dilution of minerals above-level mining, damage deposits, and other violations of the requirements of the management of their stocks-punishable by a fine on officials of up to three sizes of the base unit.
3. loss of documentation, failure to comply with the mine to bring the closing or konserviruemyh mines and drilling wells in the State, providing security for the population, as well as the requirements for the conservation of deposits, mining and drilling of wells for preservation time is punishable by a fine on officials of up to three sizes of the base unit.
4. the actions referred to in the second and third parts of this article have material and other harm, punishable by a fine on officials of up to ten dimensions of the base unit.
Article 107. Violation of the established rules when mining violation of established rules when using the deposits, including relevant works without licensing in accordance with the established procedure, unauthorized mining is punishable by a fine for individuals of up to three officials size up to 10 basic units.
Article 108. Violation of requirements ruled geological studying subsoil breaking the rules and requirements of geological studying of mineral resources, capable of leading or leading to inaccurate assessment of explored reserves of mineral resources or conditions for construction and operation of mining companies, as well as underground structures not related to mining, their loss of geological documentation, duplicate samples of minerals and core required further subsurface geological and mining, is punishable by a fine on officials of up to three sizes of the base unit.
Article 109. Violation of the rules of protection of water resources 1. Clogged drains, culverts and other water waste management and garbage-implies a fine for individuals of up to two, on up to five officials, legal entities-from five to ten sizes of the base unit.
2. contamination and clogging the waters breach combated efficiently through the regime of watersheds, causing water pollution, soil erosion and other harmful phenomena, is punishable by a fine for individuals of up to one, on up to three officials of the sizes of the base unit.
3. commissioning companies, utilities and other objects without structures and devices that prevent contamination and clogging the waters or their adverse impact, untreated sewage water into the drainage ducts, punishable by a fine on officials of up to three legal entities-from five to ten sizes of the base unit.
Article 110. Failure to use the installations and devices intended to clean up polluted waters, or violation of the rules for use of non-use of the enterprises, institutions, organizations, foreign and other physical and legal persons, irrespective of their form of ownership structures and devices for cleaning contaminated water used in production, or violation of the rules of use-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 111. Violation of regulations of water use water intake with the violation of water use plan, the unauthorized manufacture of hydraulic works, water wastage (extracted from water bodies designated or), the rules of the primary accounting of quantities are removed from water bodies and dumped them in the water and determine the quality of discharged water-punishable by a fine for individuals of up to three officials size up to 10 basic units.
Article 112. Damage to water facilities and devices, breach of the rules of their operation 1. Damage to water facilities and devices implies a fine for individuals of up to two, officials-to five dimensions of the base unit.
2. Violation of the rules for the operation of water structures and devices implies the imposition of a fine on officials of up to three sizes of the base unit.
Article 113. Violation of the rules of protection of aquatic biological resources, construction, reconstruction and commissioning economic and other objects affecting the aquatic biological resources
1. Non-compliance with the rules of protection of aquatic biological resources and their Habitat Wednesday, construction, reconstruction and commissioning economic and other objects or the exercise of these works without the permission of the authorized State body for the protection of aquatic biological resources-attracts a fine of ten to twenty dimensions base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of twenty to forty size basic units.
Article 114. Neglect of ship registration documents operations with harmful substances and mixtures the failure of captain or others of the crew or other floating means stipulated by the legislation of Turkmenistan registration requirements in ship operations documents with substances hazardous to health or to the living resources of the sea, or mixtures containing such substances in excess of the prescribed standards, the introduction of these persons in the ship's papers infidel records of these transactions or illegal refusal to submit such documents to the appropriate officials is punishable by a fine of up to Twelve dimensions of the base unit.
Article 115. Neštempelirovanie valves kryukov vessels and other floating equipment or violation of the rules of štempelirovaniâ Neštempelirovanie valves kryukov vessels and other floating equipment or violation of the rules of štempelirovaniâ-commanding officer leads a fine on officials of up to six dimensions of the base unit.
Article 116. Unlawful use of public lands of the forest fund Land Use State forest fund for raskorčëvki, erect buildings, wood processing, equipment warehouses of finished wood and for any other purpose without proper permission to use these patches-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 117. Violation of the procedure for use of cutting area Fund, harvesting and transportation of wood, resin disorderly use of cutting area Fund, harvesting and transportation of wood and resin, if it led to the deterioration of their condition or causing them harm, leads a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 118. The illegal cutting and damage to the trees and shrubs, forest destruction and damage to crops and young growth of 1. The illegal cutting and damage to the trees and shrubs, destruction or damaging of forest silvicultures, the seedlings or seedlings in forest nurseries and plantations, as well as young animals of natural origin and self-seeding in squares, designed under reforestation, punishable by a fine for individuals of up to three officials of up to six dimensions of the base unit.
2. Loss of or damage to undergrowth in forests-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 119. Violation of the requirements for the care of trees, violation of the requirements for the care of trees, resulting in the loss of trees in the forest parks, artificial forests, as well as their illegal cutting or damage-implies a fine for individuals of up to three officials size up to 10 basic units.
Article 120. Intentional damage of rare and endangered wild plants, their harvesting (harvesting) without the permission of intentional damage of rare and endangered wild plants belonging to types (subtypes, populations) of plants listed in the Red data book of Turkmenistan, harvesting (collection) without a permit, parts, fruits, seeds or other products of these plants is punishable by a fine for individuals of up to three officials of up to six dimensions of the base unit with the confiscation of wild plants parts, fruits, seeds and other products of these plants.
Article 121. Violation of the rules for forest management 1. Lumbering without obtaining permission in accordance with the established procedure or the implementation of forest management that does not meet the goals or requirements stipulated in the forest ticket-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 122. Violation of the rules of reconstruction and improvement of forests, use of resources ripe wood violation of rules and regulations for the rehabilitation, improvement of breeds and forests, improve their productivity, as well as on the use of resources ripe wood leads a fine on officials of up to six dimensions of the base unit.
Article 123. Damage of hayfields and pastures on the lands of the State forest fund Damage hayfields and pastures on the lands of the forest fund of State-
leads fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 124. Damage to the natural grassland 1. Violation of the rules, leading to grazing damage natural rangelands on of Daihan daykhan associations, land of farms and other agricultural enterprises, as well as on-reserve lands attracted a fine for individuals of up to three officers at a rate of up to eight dimensions of the base unit.
2. damage of grassy and shrubby vegetation on pastures with cars, tractors and other machines-implies a fine for individuals of up to three officers at a rate of up to eight dimensions of the base unit.
3. the destruction or significant damage to rangelands in arson or violations of fire safety regulations-implies a fine for individuals of up to five and up to ten officials sized base unit.
Article 125. Violation of the rules of haymaking and grazing cattle, gathering of wild fruits, nuts, mushrooms and berries the grass cutting and grazing cattle in the forests and on lands of the forest fund, State not covered by forest, without authorization in the prescribed manner, as well as breaking the rules of gathering wild fruits, nuts, mushrooms, berries and other forest products from areas where it is prohibited or only allowed on forest tickets-implies a fine for individuals of up to three officials at up to six dimensions of the base unit.
Article 126. Commissioning of production facilities without devices, to prevent adverse effects on forests, commissioning of new and reconstructed enterprises, departments, units, transportation, utilities and other objects that are not secured devices to prevent harmful effects on the health and reproduction of forests implies a fine on officials of up to ten dimensions of the base unit.
Article 127. Damage to forests from sewage, chemicals, emissions, waste and garbage damage to forests from sewage, chemicals, industrial and municipal waste discharges and waste, leading to its dying or illness leads a fine for individuals of up to three officials size up to 10 basic units.
Article 128. Clogged forests household dumping and waste Littering the forest household dumping and waste attracts fine for individuals of up to three officials size up to 10 basic units.
Article 129. Destruction of or damage to lesoosušitel′nyh ditches, drainage systems and roads on public lands of the forest fund destruction of or damage to lesoosušitel′nyh ditches, drainage systems and roads on the lands of the forest fund of State-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 130. The destruction and damage of dividing and warning signs in the forests and on specially protected nature territories of destruction and damage to dividing and warning signs in the forests and on specially protected natural Territories entails fines on individuals in the amount of up to three officials of up to six dimensions of the base unit.
Article 131. The destruction of the forest fauna for destruction of useful useful for forest fauna attracts fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 132. Violation of the requirements of fire safety in forests, mountains, foothills, plains and pastures 1. Violation of the requirements of fire safety in forests, including in cultural woodlands parks, artificial forests, mountains, foothills, plains and pastures-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
2. Loss of or damage to forests, including cultural shelterbelts, parks, planted forests as a result of arson or neglect with fire, as well as violation of other requirements for fire safety in these locations, povlëkšee forest fire occurrence or spread it on a large area, leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 133. Violation of the requirements for the care of cultural forests, parks, artificial forests Allowing sprawl grasses cultural shelterbelts, parks, artificial forests, lack of adequate levels of arable strips, leaving the podgrebnyh waste-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 134. Emission of pollutants into the atmosphere in excess of regulations or without permission and the violation of the requirements for the protection of the ozone layer
Violation of the limit values of emissions or temporarily agreed emissions of pollutants into the atmosphere, including harmful physical impacts on the air and the requirements for the protection of the ozone layer and emission of pollutants into the atmosphere without the permission of the specially authorized State bodies or non-compliance with the legislation of Turkmenistan, establishing the need to obtain authorization to provide the harmful physical effects on the atmospheric air from a specially authorized State bodies -attracts fine for individuals of up to five, up to ten officials, legal entities-from ten to twenty dimensions base unit.
Article 135. Commissioning of enterprises without compliance with the air protection commissioning of new and reconstructed enterprises, buildings and other objects, not satisfying the requirements for the protection of the atmospheric air, implies the imposition of a fine on officials of up to ten dimensions of the base unit.
Article 136. Violation of the rules for the operation of facilities and equipment installed for cleaning emissions Failure installations, equipment, instruments, established to clean up emissions of pollutants into the atmosphere and control, or violation of the rules of their operation-implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 137. Issue in the exploitation of transport and other mobile assets in excess of standards the content of pollutants in emissions Issue into operation cars, planes, ships and other mobile tools and installations whose content of pollutants in emissions, as well as the level of noise generated by their work exceeds the established norms, leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 138. Exploitation of transport and other mobile assets in excess of standards the content of pollutants in the emissions Maintenance Transport and other mobile tools and installations whose content of pollutants in emissions, as well as the level of noise generated by their work exceeds standards, implies a warning or a fine of up to three sizes of the base unit.
Article 139. Failure to comply with the requirements for air protection during storage and incineration of industrial and domestic waste violation of established rules for storage, transport, use, removal, or disposal of industrial and other production and household waste, as well as non-compliance with the requirements for protection of atmospheric air when burning these waste-leads with a warning or fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 140. Violation of the rules for transport, storage and use of plant protection products and other medications, or may result in pollutants air pollution 1. Violation of the rules for transport, storage and use of plant protection products, growth stimulants, mineral fertilizers and other pollutants or drugs capable of causing air pollution, leads with a warning or fine for individuals of up to three officials of up to six dimensions of the base unit.
2. the actions referred to in paragraph 1 of this article if they have damage fauna by negligence, punishable by a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 141. Transformation of unknown places in landfill discharges or dumping of industrial, household and other wastes in places that are not installed and not permitted in accordance with the legislation of Turkmenistan, shall incur a fine for individuals of up to four officials-to ten sizes of the base unit.
Article 142. Failure to comply with the requirements of ecological safety of non-compliance with environmental safety requirements when planning, placing, carrying out design and construction, as well as technical re-equipment, expansion, reconstruction, commissioning, operation and closure of enterprises, buildings and other objects, including illegal burial of construction and other waste on site, as well as the export and import of foreign State environmentally hazardous products for breaches of environmental scale borders implies a fine on officials of up to ten dimensions of the base unit.
Article 143. Violation of the ecological requirements of the environmental protection agency Wednesday 1. Violation of environmental regulations and environmental rules Wednesday, the harmful biological, physical and other effects on it-punishable by a fine for individuals ranging from one to three, officials from two to five sizes of the base unit.
2. Refusal to provide timely, complete and accurate information about the State of the environment Wednesday, using its facilities, as well as pollution sources-implies a fine on officials of up to six dimensions of the base unit.
3. indications or licensure on raising or lowering the prescribed environmental requirements for environmental protection Wednesday-implies a fine on officials of from five to ten sizes of the base unit.
4. Committing the offences provided for in clauses 1-3 of this article, povlëkšee causing substantial harm to State or the quality of the environment Wednesday, entails fines on individuals ranging from two to five, officials from eight to fifteen, for legal entities-from fifteen to thirty size basic units or administrative suspension of activity of legal persons for up to one month.
Article 144. Evading the leadthrough of measures on dealing with the consequences of environmental pollution avoiding environmental restoration activities Wednesday and enhancement of natural resources in areas exposed to environmental contamination or improper conduct by persons charged with these responsibilities if these actions have not resulted in severe consequences for people and the environment Wednesday, implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
Article 145. Failure to comply with the law in parts of the State ecological examination of the failure to comply with the requirements of the State ecological expertise, to be held on State ecological expertise, as well as financing of projects and programmes that fail State environmental examination or having its positive outcome, punishable by a fine on officials of up to ten dimensions of the base unit.
Article 146. Violation of the requirements of the legislation of Turkmenistan on State ecological expertise 1. Violation of the order of holding the State ecological expertise, established by the legislation of Turkmenistan, shall incur a fine on officials of up to five sizes of the base unit.
2. presentation of the notoriously inaccurate information about the environmental impact of the activities at the site of the State ecological expertise-implies a fine on officials of from five to ten sizes of the base unit.
3. provision of special environmental permits, financing and implementation of projects and programmes or activities are likely to have negative effects on the environment and human health, Wednesday without positive conclusion of the State environmental appraisal-implies a fine on officials of up to five sizes of the base unit.
4. Failure to comply with the requirements for environmental protection Wednesday, use of natural resources and environmental security in accordance with the opinion of the State ecological expertise in carrying out economic activity-implies a fine on officials of up to five sizes of the base unit.
5. Unlawful interference with the conduct of the State ecological examination-implies a fine on officials of up to five sizes of the base unit.
6. Failure to comply with the legitimate demands of State ecological and expert bodies on the submission of required information and materials for conducting State environmental expert review or evade their implementation entails the imposition of a fine on officials of up to two sizes of the base unit.
7. Cottage State environmental expertise false conclusion or false evaluation on the impact of the environmental object Wednesday-implies a fine on officials of from five to ten sizes of the base unit.
Article 147. Concealment or distortion of information about environmental pollution and groundwater Wednesday concealment or distortion of information on accidents with harmful environmental impacts, pollution levels Wednesday and groundwaters, possible incidents or their damage to human health or the environment, as well as Wednesday about the State of health of the population exposed to harmful effects from polluted environment and groundwater, Wednesday-implies a fine for individuals of up to five on officials-to ten sizes of the base unit.
Article 148. Violation of the rules for the use of the ecological passport, the conclusion of the environmental assessment and other permissions for nature protection, violation of the enterprises, institutions, organizations, foreign and other legal entities irrespective of their form of ownership rules for the use of the ecological passport, the conclusion of the environmental assessment, as well as permission for the special use of water, to be acquired in the manner prescribed by the legislation of Turkmenistan, if this resulted in harm to the interests protected by the present law, shall incur a fine on officials of up to six dimensions of the base unit.
Article 149. Failure to perform duties of compulsory and other payments due to pollutants discharged and thrown Wednesday into the environment
The failure of the enterprises, institutions, organizations, foreign and other legal entities irrespective of their form of ownership, duties on obligatory payments defined in the reporting period for pollutants discharged or emitted into the environment Wednesday, air, or abandoning them implies the imposition of a fine on officials of up to ten dimensions of the base unit.
Article 150. Protection violation of animal habitats, establishment of zoological collections, as well as relocation, acclimatization and hybridization of animals without authorisation 1. Violation of the legislation of Turkmenistan rules of conservation of natural habitats and migration routes of animals, creation, storage, use, recharge, accounting of zoological collections, as well as shipping and export abroad of subjects of the animal world and zoological collections, as well as estrangement from natural habitats, relocation, acclimatization and hybridization of animals without the permission of the authorized government bodies-implies a fine for individuals of up to one officials at up to eight dimensions of the base unit.
2. Failure to comply with the requirements for preventing loss of subjects of the animal world in carrying out economic activities and use of vehicles, leads a fine for individuals of up to one, on up to three officials of the sizes of the base unit.
Article 151. Violation of order of protection of flora and fauna and enjoyment, as well as the importation of certain species of animals or plants 1. Violation of the established procedure for the protection of flora and fauna and use them in specially protected natural territories, as well as entry into Turkmenistan, transit through it without the permission of the authorized bodies of the animals and plants recognized to be detrimental to the conservation of the species of animals listed in the Red data book of Turkmenistan, the Red data book of the International Union for conservation of nature, implies a fine for individuals of up to ten on officials-to twenty dimensions base unit.
2. Destruction or spoilage of special pointers and other markups, established by authorized bodies for the users of the animal world, as well as for protection and rational use of subjects of the animal world, implies a fine for individuals of up to one, the officials up to three sizes of the base unit.
3. Violation of the established legislation of Turkmenistan order under an appropriate license to use animals and permits for removal from Wednesday of Habitat of objects of animal life, as well as failure to comply with the legitimate demands of the authorized State bodies and their officials on the protection and management of wildlife, for the implementation and management of wildlife hunting-implies a fine for individuals of up to three officials of up to six dimensions of the base unit.
4. the concealment or distortion of information on the status and number of subjects of the animal world, their use, their reproduction and as their Habitat Wednesday, if it led to a breach of the security of the people and pets, leads a fine on officials of up to five sizes of the base unit.
Article 152. Violation of the rules of protection of rare and endangered animals kill of rare and endangered animals belonging to the species of animals brought in the Red Book of Turkmenistan, the Red data book of the International Union for conservation of nature, as well as their breeding and Habitat, nests, eggs and other objects, or perform other actions that may lead to death, or the reduction of the Habitat of such animals Wednesday as well as the extraction of these animals in violation of the conditions set forth in the resolving the mining issued in the prescribed manner, implies a fine for individuals of up to ten to twenty officials-size basic units with confiscation of rare and endangered animals.
Article 153. Violation of the rules of protection of rare and endangered species of fish and aquatic organisms 1. Illegal extraction of fish, sea mammals and other living aquatic organisms listed in the Red data book of Turkmenistan or forbidden to catch, leads a fine for individuals ranging from five to ten, to officials from ten to twenty dimensions base unit with confiscation of fish, sea mammals and other living aquatic organisms with or compensated confiscation of other items designed for fishing or hunting or without modification.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-
attracts fines on individuals ranging from ten to twenty, officials from twenty to thirty size basic units with confiscation of fish, sea mammals and other living aquatic organisms with or compensated confiscation of other items designed for fishing or hunting, or without modification, or limitation of the right of hunting and fishing for a period of up to two years, with confiscation of fish , sea mammals and other living aquatic organisms with or compensated confiscation of other items designed for fishing or hunting, or without such.
Article 154. Infringement of the rules on production and marketing of licorice 1. Production, storage and marketing of licorice without the appropriate authorization in the prescribed manner, implies a fine for individuals of up to two, on up to ten officials size basic units with confiscation of licorice or without it.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-implies a fine for individuals of up to five, officials-to fifteen sizes base unit with confiscation of licorice or without it.
Article 155. Violation of the rules of hunting, fishing and protection of aquatic biological resources, as well as other types of implementation use fauna 1. Violation of the rules of hunting, fishing and protection of aquatic biological resources, other types of implementation use wildlife hunting public funds and hunting products-brings about a warning or the imposition of fines on individuals ranging from one to five sizes of the base unit, the imposition of a fine on officials of from five to ten sizes of base unit with or compensated confiscation of hunting rifles and other guns getting animals and fish and other objects or without such.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty or gross violation of hunting and fishing rules, i.e. hunting animals and birds, fish, sea animals and other aquatic animals or fishing of marine plants without proper authorization, or in prohibited areas or in forbidden terms, illegal guns or ways or their systematic violation-leads a fine for individuals ranging from five to ten, to officials from ten to twenty dimensions base unit with or compensated confiscation of hunting rifles and other guns getting animals and fish and other objects or without such or restrict the right of hunting and fishing for a period of up to two years with the confiscation of hunting rifles and other guns getting animals and fish and other objects or without cause or administrative arrest for a period of up to fifteen days.
Article 156. Violation of the rules of capture, maintenance, breeding, using the representatives of fauna and the import and export of products of their vital activity 1. Violation of the rules of capture, content, use, marketing, acquisition of animals, including reptiles, insects, the importation of them, including divorced in captivity, as well as products of their vital activity in Turkmenistan, export and carriage in transit, as well as issue in nature implies a fine for individuals of up to eight, officials from eight to twenty dimensions base unit with confiscation of the representatives of fauna and their metabolic products or without it.
2. Violation of the rules of breeding, maintenance, marketing and purchase of horses of ahalteke breeds and local Turkmen breeds of dog-leads a fine for individuals of up to eight, officials from eight to twenty dimensions base unit.
Article 157. Violation of the rules of carnivorous fur animals Breach rules of foxes, Arctic foxes, Minks and other fur-bearing animals carnivores, established by the legislation of Turkmenistan, as well as the illegal sale, purchase or Exchange the skins of these animals is punishable by a fine of 0.3 to one the size of a base unit with compensated confiscation of carnivorous animals and their skins.
Article 158. Evading responsibilities, putting the State extracted valuable pelts of hunting fur-bearing animals, illegal sales, buying and recycling their pelts dodging putting the State extracted valuable pelts of hunting fur-bearing animals, as well as the primary illicit sale, purchase, Exchange and processing of these skins, unallocated or allocated, but not having the public stigma (stamp)-attracts a fine of up to one size basic units with confiscation or without skins.
Article 159. Acceptance and purchase of products from illegal hunting and buying of officials of the procurement organizations, individuals products extracted knowingly illegal hunting-implies a warning and a fine for individuals of up to five sizes of the base unit, the imposition of a fine on officials of up to ten dimensions of the base unit.
Article 160. Protection violation Wednesday habitats of aquatic biological resources
1. debris and barricades at reservoirs, rivers, gutters and channels with fisheries value, leading to disruption of natural habitats Wednesday State of aquatic biological resources, bathing cattle paddock poultry or other activities which adversely affect the aquatic biological resources and their reproduction, is punishable by a fine for individuals ranging from one to two, officials from two to five on legal entities-from five to ten sizes of the base unit.
2. Pollution of the sea, rivers and reservoirs are harmful to aquatic biological resources substances, petroleum and petroleum products, industrial and domestic waste and other garbage-attracts fines on individuals ranging from two to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty-attracts fines on individuals ranging from five to ten, to officials from ten to twenty, for legal entities-from twenty to forty size basic units.
Article 161. Violation of the rules for the use of specially protected natural territories and objects 1. Holding on specially protected natural territories works contrary to their purpose, in violation of their rules as well as the deliberate destruction of ecological balance of natural resources, wealth and diversity and environmental values Wednesday, defacing or causing substantial harm to the territories under the special protection of the State, leads a fine for individuals of up to three officials size up to 10 basic units.
2. Stay on the territory of the State nature reserve without employment authorization document, if it led to violate conservation rules and prohibitions, attracts a fine of up to the same size of the base unit.
Article 162. Violation of the rules of production, purchase, sale and export abroad snake venom snake venom extraction rules Violation, purchase, sale and export abroad snake venom established by the legislation of Turkmenistan, shall incur a fine in the amount of up to thirty size basic units with confiscation of snake venom or without it.
Chapter 12. Administrative offences in the area of agriculture and veterinary medicine Article 163. Potrava crops, damage or destruction of crops, damage plantings of daykhan associations and other farms 1. Potrava crops, damage or destruction of the collected field crop livestock or poultry, as well as damage to livestock or poultry trees and other plantings to 1,815 private farms, 1,815 private associations and other natural and legal persons engaged in agriculture, attracted a fine for individuals of up to one, officials of the two dimensions of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts fines on individuals ranging from one to two, officials from two to four sizes of the base unit.
3. Directions for crops or plantations on the car, tractor, harvester, or other technology-attracts a fine of up to 0.5 size basic units.
4. Directions for crops or plantations on animal transport, attracts a fine of up to 0.3-sized base unit.
Article 164. Herding cattle and breaking the rules of use of water sources, cattle pasturage without permission on pastures exempt from crops or fallow land used dajhanskimi farms, dajhanskimi associations and other natural and legal persons engaged in agriculture, as well as on public lands, stock or violation of other rules of care for cattle, as well as the use of water sources in pastures without permission-attracts a fine of up to the same size of the base unit.
Article 165. Hiding the cattle from public accounting of Deliberate concealment of cattle from public accounting, to regulate the use of pasture and other purposes-attracts a fine of two to five sizes of the base unit.
Article 166. Violation of the legislation of Turkmenistan on quarantine of plants 1. Importation into the territory of Turkmenistan infected quarantine pests and other quarantine goods in violation of rules and regulations to ensure quarantine (phytosanitary protection) plants, as well as the use of quarantine sites and structures, the infected quarantine pests (excluding cases stipulated by rules and regulations providing for plant quarantine), leads a warning or a fine for individuals of up to 0.5 size basic units, officials in a fine of up to 1.5 size of the base unit.
2. Violation of rules and regulations to ensure quarantine (phytosanitary protection) plants in production, processing, importation into the territory of Turkmenistan, removal from the territory of Turkmenistan, transport, storage, processing, use and marketing of quarantine products, as well as the opening of vehicles, containers and other containers with quarantine products vvezënnoj on the territory of Turkmenistan without written permission of authorized State bodies on quarantine of plants, leads with a warning or fine for individuals of up to 0.5 size basic units officials, a fine of up to 1.5 size of the base unit.
3. Violation of the rules for the timely detection of quarantine pests, plant diseases and weeds on the territory of Turkmenistan, limitation and destruction, as well as to prevent their spread-leads with a warning or fine for individuals of up to 0.5 size basic units, officials in a fine of up to 1.5 size of the base unit.
Article 167. Violation of the rules for reporting on quarantine products and quarantine pests 1. Failure of the public authorities on plant quarantine information about quarantine products and quarantine pests by legal and natural persons involved in the production, processing, refining, storage, transport and marketing of quarantine products, as well as failure to post about the case of detection of quarantine pests or their hiding-brings about a warning or a fine for individuals of up to 0.5 size basic units, officials in a fine of up to 1.5 on legal entities-from five to ten sizes of the base unit.
2. Failure to comply with the deadline demands for procedures and related activities on plant quarantine by legal and natural persons involved in the production, processing, refining, storage, transport and marketing of quarantine products, brings about a warning or a fine for individuals of up to 0.5 size basic units, officials in a fine of up to 1.5, for legal entities-from five to ten sizes of the base unit.
Article 168. Violation of the rules of State standardization of seeds and their production, processing, refining, storage, distribution, transport and use 1. Violation of the rules of State standardization of seeds, as well as their production, processing, refining, storage, distribution, transport and use, as well as entry into Turkmenistan, departure from the seeds that fail validation, laboratory-leads with a warning or fine for individuals of up to three sizes of the base unit, the officials-a fine up to five sizes of the base unit.
2. Distortion of accounting and regulatory and technical documentation on the quality-seed attracts a fine on officials of up to ten dimensions of the base unit.
Article 169. Lesson seed activity without license Lesson seed activity without licenses seed-implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 170. Use without the permission of varieties not included in the State Register of plant varieties permitted for application of the legislation of Turkmenistan without complying with the procedure for the use of a selection achievement in Turkmenistan-implies a fine for individuals of up to three officials-to five dimensions of the base unit.
Article 171. Violation of rules for combating weeds 1. The failure of the land measures to fight against weeds (except for quarantine), stipulated by the legislation of Turkmenistan, brings about a warning.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty or wilful refusal to carry out these measures entail the imposition of a fine on individuals ranging from 0.2 to 0.5, to officials ranging from 0.5 to one the size of the base unit.
Article 172. Violation of the rules for the protection of drug crops non-compliance with the rules laid down by the legislation of Turkmenistan, to ensure the safety of crops goknara, hemp and other plants containing narcotic drugs and places crop storage and processing of these cultures, as well as the failure to destroy crop residues and waste products containing narcotic substance, punishable by a fine on officials of up to two legal entities-from five to ten sizes of the base unit or the administrative suspension of activity of legal persons for up to one month.
Article 173. Violation of the rules of planting and growing goknara, hemp and other plants containing narcotic drugs Sowing and growing goknara, hemp and other forbidden to cultivation of plants containing narcotic substances, in violation of the rules established by the legislation of Turkmenistan, brings about a warning or a fine ranging from two to five, to legal persons from five to ten sizes of the base unit or the administrative suspension of activity of legal persons for up to one month.
Article 1731. Violation of the rules of sowing or cultivation of plants containing nicotine or other substances harmful to human health 1. Sowing or cultivation of annual and perennial plants containing nicotine and other substances harmful to human health, in violation of the rules established by the legislation of Turkmenistan if it is committed with the aim of obtaining raw materials (raw tobacco) for tobacco production, attracts a fine of two to five sizes of the base unit with the confiscation of these plants or not.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of five to ten sizes of the base unit with the confiscation of these plants or without cause or administrative detention for up to 10 days.
(The code is supplemented by article 1731 Turkmenistan law dated January 29, 2016-Statements of the Mejlis of Turkmenistan, 2016 г. № _ Article _) article 174. Violation of rules of machine operators during technical maintenance of agricultural machinery and equipment Safety Violation machine operators during the rules of technical operation of tractors, combine harvesters, other self-propelled farm machinery and safety rules, if this resulted in harm to legally protected interests or create conditions for this, implies a restriction of the right to manage these machines for a period of one to two months.
Article 175. Violation of the rules on animal quarantine and other veterinary-sanitary regulations 1. Violation of the rules on quarantine of infectious animal diseases, including the decisions of local bodies of executive power to combat the OIE-implies a fine for individuals of up to one, officials from one to two sizes of the base unit.
2. Violation of the veterinary and sanitary rules and requirements of-leads a fine for individuals of up to one, officials from one to two sizes of the base unit.
3. Acts provided for in paragraphs 1 and 2 of this article, in territories in which a State of emergency is introduced, attracts a fine of up to eight dimensions of the base unit.
4. illicit manufacturing activities of veterinary medicines, as well as the sale of medicines that have not been registered in Turkmenistan, not having a certificate of quality, faulty, expired shelf life or illegally produced or fake samples of medicines registered by the State, attracted fines on individuals ranging from one to two, officials from two to five sizes of the base unit.
5. veterinary activities without obtaining a license in the manner prescribed by the legislation of Turkmenistan, shall incur a fine for individuals ranging from two to five, officials from five to ten sizes of the base unit.
Article 176. Violation of veterinary-sanitary requirements on quality and safety of food of animal origin products of animal origin on the market and in other places of consumption without the conclusion of veterinary services, as well as production, processing, delivery, processing, storage, transportation and distribution of food products of animal origin in violation of veterinary-sanitary regulations-implies a fine for individuals of up to one, officials from one to two sizes of the base unit.
Article 177. Violation of veterinary-sanitary regulations for the carriage of livestock, poultry and livestock Transport (ferry), or entry into Turkmenistan, export and transit of livestock, poultry, and livestock products, animal feed and other goods subject to veterinary services, without authorization, punishable by a fine in the amount of individuals to one on officials-from one to two sizes of the base unit.
Article 178. Cruelty to animals cruelty to animals, povlëkšee them to death, forced prirez or injury, as well as cruel treatment of animals leads a warning or a fine of up to 0.5 size basic units.
Article 179. Violation of the rules of livestock, poultry, wild and other animals 1. Violation of the rules of livestock, poultry, wild and other animals in cities and other localities-brings about a warning or a fine for individuals of up to one, on up to three officials of the sizes of the base unit.
2. the actions referred to in paragraph 1 of this article if they have led to damage to health and property of citizens is punishable by a fine for individuals ranging from one to two, officials from two to five sizes of the base unit.
Chapter 13. Administrative offences in the area of manufacturing, construction and energy Article 180. Violation of the rules for safe operation a violation of rules, regulations, instructions and other acts for the safe conduct of work in industry, construction, agriculture and other sectors of the economy-it attracts a fine of one to five sizes of the base unit.
Article 181. Violation of the rules for the production and mirrored tinted glass for vehicles
1. the production, manufacture of shaded or mirrored glass vehicles without complying with the technical conditions and standards established by the legislation of Turkmenistan, is punishable by a fine of up to two sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of up to four dimensions of the base unit.
Article 182. Infringement of regulations concerning the storage, use and registration of explosives and radioactive materials 1. Violation of the rules of acquisition, storage, use and transportation of explosives and radioactive materials laid down by the legislation of Turkmenistan when carrying out economic and productive activities-implies a fine for individuals of up to three officials from five to ten sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts fines on individuals ranging from three to five, officials from ten to fifteen sizes base sizes.
Article 183. Wasteful expenditure of heat and electric energy Wasteful expenditure of heat and electric energy, i.e. systematic, without a business need to use thermal energy or underloads or use idling engines, furnaces and other equipment running on electric power, as well as systematic direct loss of steam, hot water and compressed air, and heat caused by faulty insulation of pipelines and other, stoves and teploprimenitel′nogo equipment or the use of electrical energy without the permission of the authorized bodies on energy for heating premises and other premises or not covered by production objectives or irrational use of lighting-brings about a warning or a fine on officials of from three to five, to legal persons from ten to thirty sizes of the base unit.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 184. Damage to electricity networks 1. Damage to electrical networks (overhead, underground and submarine transmission lines, induction and switchgear), if it caused interruptions in providing electric power consumers and harmed the economic, productive activities, brings about a warning or a fine for individuals ranging from two to five, officials from five to ten, for legal entities-from size 10 to 30 basic units.
2. the offences provided for in the first paragraph of this article, territories substantial harm to the interests of the State or consumers, as well as repeated offence within one year after the application of administrative penalty-attracts fines on individuals ranging from five to ten, to officials from ten to fifteen, for legal entities-from fifteen to fifty size basic units or administrative suspension of activity of legal persons for a period of up to three months.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 185. Protection violation of electric networks 1. Violation of the rules of protection of electrical networks, if it caused or could cause disruption in providing electric power consumers, damage to wiring or led or could lead to cause other damage economic and productive activities, implies a warning or a fine for individuals ranging from two to five, officials from five to ten, for legal entities-from size 10 to 30 basic units.
2. the offences provided for in the first paragraph of this article, territories substantial harm to the interests of the State or consumers, as well as repeated offence within one year after the application of administrative penalty-attracts fines on individuals ranging from five to ten, to officials from ten to fifteen, for legal entities-from fifteen to fifty size basic units or administrative suspension of activity of legal persons for a period of up to three months.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) Article 186. Violation of the rules of use of gas 1. Start of gas at the gas installations, without the permission of the public gas oversight, willful excess volume of gas specified in the contract, failure to comply with the established mode of gas consumption, gas consumption on gas installations, without the approval of specific norms or consumption exceeding these specific norms-shall entail a warning or the imposition of a fine on officials of up to two sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-entail the imposition of a fine on officials of up to four dimensions of the base unit.
Article 187. Maintenance of gas installations, excluding gas consumption 1. Maintenance of gas installations, excluding gas or without taking into account the thermal energy and products produced with the use of gas or non-use of project funds, i.e. funds automatic control of gas combustion devices or heat control or teploutilizacionnogo equipment, ensuring the rational and effective use of gas, or use them in a failed State-attracts individuals, warning a warning or the imposition of a fine on officials of up to five sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts fines on individuals ranging from three to five, officials from five to ten sizes of the base unit.
Article 188. Failure to back the fuel economy preparedness Unpreparedness to work standby fuel economy for gazopotreblâûŝego enterprises, institutions, organizations and associations, or failure to take action to ensure the readiness of gas installations, to work on the assigned stand fuels-implies a warning or the imposition of a fine on officials of up to five sizes of the base unit.
Article 189. Violation of the rules regarding the use of energy or gas in the home the unauthorized connection of electricity or gas, as well as unauthorized use for commercial purposes of electric, thermal energy or gas without measuring and recording devices of intentional damage the measuring and recording devices, or in another form of violation of the rules regarding the use of electric and thermal energy or gas-domestic shall entail a warning or a fine ranging from two to five sizes of the base unit.
Article 190. Damage to gas pipes by manufacture of works 1. Damage to pipelines (except trunk) and their equipment by manufacture of works or making constructive changes in gas pipelines without permission, leads a warning or a fine of up to twenty dimensions base unit.
2. The Commission of the offences provided for in paragraph 1 of this article in respect of main gas pipelines, as well as violation of established norms in the conduct of earthmoving and other works on protective bands of main gas pipelines, damage to equipment and structures laid down in these places is punishable by a fine for individuals ranging from ten to twenty, officials from twenty to fifty, for legal entities-from 50 to 100 basic unit sizes.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 191. Wasteful expenditure of natural gas 1. Wasteful expenditure of natural gas, i.e. systematic, without a business need, underutilized or use idle furnaces and other equipment, gas powered, as well as systematic direct loss of gas caused by faulty insulation of pipelines, furnaces and other equipment, or use without the permission of the bodies gas gas for heating premises and other premises or not provided for production purposes or its irrational use of lighting-attracts a warning or a fine of up to the same size of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of up to two sizes of the base unit.
Chapter 14. Administrative offences in the area of transport, road management and communication Article 192. Violation of the rules of safety in railway transport 1. Damage to the railway track, its protective forest plantations, protective fences and other travel facilities, structures, and signaling and communication-leads a fine for individuals of up to 0.2, officials from 0.3 up to one size of the base unit.
2. Violation of the rules for travel of donkeys and cattle across the railroad tracks, grazing near the railway tracks-leads with a warning or fine for individuals of up to 0.2, officials from 0.3 up to one size of the base unit.
3. Failure to comply with prescribed dimensions during loading and unloading of cargo-attracts fines to officials ranging from 0.3 to one the size of the base unit.
4. Laying the railroad tracks objects that could disrupt train traffic, attracts a fine of up to 0.2 size basic units.
5. Pass on the train tracks in undesignated areas implies a warning or a fine of up to 0.1 underlying values.
Article 193. Violation of the rules regarding the use of rail vehicles 1. Unauthorized travel to freight trains, landing and landing on a moving train, ride on the footboards and the roofs of the carriages, unauthorized unnecessarily stop train-attracts a fine of up to 0.2 size basic units.
2. The disposal of garbage and other items from the Windows and doors of the wagons trains-
leads a warning or a fine of up to 0.1 size basic units.
Article 194. Damage to the inner equipment of passenger cars, locomotives and wagons glass rail transport Damage inner equipment of passenger cars, glass locomotives and carriages of railway transport on the route, at bus stops and parking lots-attracts a fine of up to four sizes of the base unit.
Article 195. Violation of flight safety rules 1. Accommodation in TMA any signs and devices similar to preceding marks and devices adopted for the recognition of airfields, or combustion of pyrotechnic articles without the permission of the Airport Authority, the airport, or the device objects that contribute to a massive flock of birds hazardous to flying aircraft, leads a fine for individuals of up to 0.5, to officials from 0.2 to one the size of the base unit.
2. Failure to comply with the rules of placement of night and day markings or devices on buildings and constructions-implies a fine for individuals of up to 0.5, to officials from 0.2 to one the size of the base unit.
3. Damage to the airfield, aerodrome equipment signs, aircraft and their equipment, attracts a fine of up to the same size of the base unit.
4. The passage or travel without proper authorization on the territory of objects of radio and svetoobespečeniâ flights (except hubs) airports, airfields-attracts a fine of up to 0.5 size basic units.
Article 196. Violation of the regulations for the carriage of dangerous substances and goods air transport violation of the rules of the transport of dangerous substances or items in air transport-attracts fines on individuals ranging from 0.2 to one, officials from 0.4 to one the size of a base unit with compensated confiscation of the substances and objects or not.
Note the list of hazardous substances or objects, for violation of the rules of carriage of which on air transport this clause established administrative responsibility is determined by the legislation of Turkmenistan.
Article 197. Violation of rules of conduct on an aircraft 1. The failure of the persons on the aircraft commander's guidance, legal-leads with a warning or a fine in the amount of 0.2 to one the size of the base unit.
2. Violation of the rules of photographing, filming, usage of radio and cellular telephone communication with the aircraft-leads a warning or a fine of up to 0.5 basic units with sized compensated confiscation of media.
Article 198. Violation of rules for international flights a violation of rules for international flights-attracts a fine of two to three sizes of the base unit.
Article 199. Violation of rules of traffic safety for maritime transport and the use of marine vehicles 1. Violation of the boatmaster or another person managing the vessel (with the exception of recreational craft) maritime transport, navigation rules and the entry of vessels into the port and the port of entry, movement and stay of vessels in port waters, emitting sound and light signals, incurring the lights and signs-leads with a warning or fine for individuals of up to 0.2, 0.3 to officials of the size of the base unit.
2. conducting without proper authorization diving operations in port waters, non-compliance with the rules signal during these jobs entail the imposition of a fine on officials of from 0.3 to one the size of the base unit.
3. Destruction of or damage to structures and communication devices and alarm systems on ships (with the exception of recreational craft) maritime transport, floating and shore-based assets and of waterway signs and navigational, communications and signaling, as well as damage to the port and waterworks, stall or install without permission of characters, structures, sources of sound and light signals, interfering in the identification of navigational signs and signals-attracts fines on individuals in the amount of 0.2 on officials-from 0.3 up to one size of the base unit.
4. Violation of the rules of detention and the established mode of operation of navigational equipment and navigational hazards funds to hydraulic installations-attracted by a fine in the amount of 0.5 to one the size of the base unit.
5. damage inner equipment of the means of maritime transport-attracts a fine of up to 0.2 size basic units.
Article 200. Violation of the rules of navigation on small vessels Exceeding the master or other person administering a small ship, installed speed signs and non-intentional stopping or parking in prohibited areas of the ship, or violation of the rules of maneuvering, beeps, incurring the side lights and characters-leads with a warning or a fine in the amount of 0.5 to one the size of the base unit or the restriction of the right of management of small vessel for up to six months.
Note
Under the small vessel in this code should be understood self-propelled vessel main engine power of less than 75 kW (100 HP), as well as non-self-propelled vessel with a capacity of less than 80 tons or boat with outboard motor, regardless of its power, as well as sports or pleasure craft, regardless of the power of the main engine and capacity, Jet (Jet Ski).
Article 201. Violation of the rules of registration and use, as well as the management of the vessel by a person not entitled to manage the vessel 1. Ship management (including small craft), is not registered in the established order or not having passed the inspection or not carrying on-board numbers or other symbols or reconstructed without authorisation, as well as with problems prohibited its operation, or with violation of passenger capacity limitations on the and conditions of navigation-attracted by a fine in the amount of 0.5 to one the size of the base unit.
2. Evasion of compulsory registration of the vessel and its registration with violation of the order established by the legislation of Turkmenistan, or failure of the change information entered in ship registries, attracts a fine of up to the same size of the base unit.
3. The vessel (including small vessel) a person not having the right to manage the ship or vessel transfer to someone who does not have the right to govern, attracts a fine of one to two sizes of the base unit.
Article 202. Violation of the rules for the release of the ship and sail the vessel in an intoxicated state 1. The release of the ship by a person responsible for its operation, without documents, certifying his suitability, vessel to sail, either with incomplete crew, or when there is a mismatch between the technical condition of the ship available documents or irregular downloads, rules, limitations on the capacity and conditions of navigation, as well as admission to the management of the ship or its machinery and equipment for those who have no relevant document or in a State of intoxication, leads a fine on officials of from one to two sizes of the base unit.
2. Release the ship not registered in the prescribed manner, or failed technical inspection, or having problems its operation is prohibited or not stocked in the prescribed manner, or off the equipment without permission, as well as access to the vessel management persons who do not have the right to manage the ship or in a State of intoxication, leads a fine on officials of from one to two sizes of the base unit.
3. The vessel while intoxicated or transfer control to a person who is intoxicated, attracts a fine of two to five dimensions of the base unit or the restriction of the right to control the vessel for a period of up to one year.
4. Dodging the person managing the vessel from a voluntary passing in the prescribed manner appropriate medical examination on the State of intoxication when there are reasonable grounds to believe about this implies a fine from one to two sizes of the base unit or the restriction of the right to control the vessel for a period of six months to one year.
Article 203. Violation of traffic regulations 1. Implementation of the master of the vessel sailing without a pilot in compulsory pilotage areas, except if the ship belongs to the category of vessels exempt from compulsory pilotage, or master of the vessel in the prescribed manner the captain of the sea port has been granted the right to proceed without pilot, attracts a fine of one to two sizes of the base unit.
2. Neob″âvlenie or incorrect Declaration of the master of the ship the pilot data on an upset, about the height of the Board about the length, width and capacity of the vessel, as well as other data on the ship, which required the pilot to implement pilotage vessel, attracts a fine of one to two sizes of the base unit.
Article 204. Violation of safety regulations passengers on vessels of sea and river transport, as well as on small vessels violating the rules ensure the safety of passengers on vessels of sea and river transport, as well as on small vessels when landing on a ship en route and in landings from him leads to fine individuals up to the amount of 0.5, for officials size up to one base unit.
Article 205. Violation of rules of conduct on maritime and river transport 1. Disposal of debris or other objects overboard (including small)-brings about a warning or a fine in the amount of 0.2 to one the size of the base unit.
2. the failure of the persons on board the ship, the captain of the ship's legitimate instructions-attracted by a fine in the amount of 0.5 to one the size of the base unit.
Article 206. Violation of safety rules in river transport and river transport usage rules 1. Violation on river transport established rules of motion and mooring, tow formulations, rules of loading, unloading and warehousing of cargoes on ships, as well as damage to the port and hydraulic structures, facilities, equipment-attracts a fine of up to 0.3-sized base unit.
2. production without proper authorization, as well as diving irregularities during these signals work, destruction, damage and disruption, as well as rearranging floating and coastal obstanovočnyh and signs without the permission of the workers path zakolov device and other devices for catching fish outside the established places for this purpose without the consent of the technical sections of the path, is punishable by a fine of 0.3 to one the size of the base unit.
3. damage inner equipment of riverboats-attracts a fine of up to 0.2 size basic units.
Article 207. Violation of the rules for the loading and unloading of vessels violating the rules of loading and unloading vessels, including vessels, attracts a fine of up to 0.2 size basic units.
Article 208. Violation of fire safety regulations for rail, maritime, inland waterway and air transport 1. Violation of fire safety regulations that are installed on the rail, maritime and river transport, entails fines on individuals ranging from 0.2 to one on officials-from one to two sizes of the base unit.
2. Violation of fire safety regulations established by the air transport, leads a fine for individuals of up to one, officials from one to two sizes of the base unit.
Article 209. Violation of the rules of registration, accounting of small vessels and their terms of use 1. Violation of the rules of registration, accounting of small vessels, as well as the rules regarding the use of these courts and their parking-leads with a warning or fine for individuals of up to one, officials of the two dimensions of the base unit.
2. malomernymi Control by the courts in a State of intoxication or transfer management to a person who is intoxicated, as well as other grave or systematic violation of navigation rules and rights management malomernymi courts, if this resulted in conditions for causing damage to the legally protected interests, attracts a fine of two to five sizes of the base unit or the restriction of the right of management of small craft of up to one year.
3. Repeated committing the offences provided for in part two of this article within one year after the application of measures of administrative penalty-implies a restriction of the right of management of small vessel for a period of one to two years.
4. Dodging the person who manages a small ship from passing in the prescribed manner appropriate medical examination on the State of intoxication when there are reasonable grounds for believing that-attracts a fine of one to two sizes of the base unit or the restriction of the right to manage small vessel for a period of six months to one year, to persons not having the right to manage these resources in a fine of up to two sizes of the base unit.
Article 210. Violation of operation rules for drivers of vehicles Manage drivers of vehicles having a failure endangering road traffic, there is a malfunction of the braking system, steering and trailer coupling, attracts a fine of 0.2 to 0.5 size basic units.
Note under the vehicles referred to in articles 181, 210-217, 219, 221-224, 226-231, 233-235 and 240 of this code, to be understood all kinds of cars and tractors, trolleys, motorcycles, self-propelled vehicles and other means, intended for the carriage by road of persons, goods or equipment installed on it.
Article 211. The Office is not equipped vehicles or with appliances, devices, and other elements of the designs is not installed in accordance with the requirements of the 1. Driving, do not meet the requirements of traffic safety, i.e. with no glasses or rear-view mirrors, first aid kit, fire extinguisher, emergency stop sign, protivootkatnymi rims, as well as the security provided by the arcs of motorcycle design, brings about a warning or a fine in the amount of 0.1-sized base unit.
2. Violation of drivers-road rules regarding the use of motošlemami or seat belts or their failure to monitor compliance with these rules, passengers vehicles, leads a warning or a fine of up to 0.2 size basic units.
3. operation of vehicles equipped (except equipment DVR) not envisaged by the producers, that is, instruments and devices, pose a danger to road safety (spotlights, blinding lights, cropped or enlarged suspension springs, exhaust and sound devices, as well as tinted or mirrored glass installed in violation of the rules, etc.), leads a fine in the amount of 0.2 to 0.5 size basic units.
4. Repeated committing the offences provided for in part three of this article within one year after the application of measures of administrative penalty-attracted by a fine in the amount of 0.5 to one the size of the base unit or the restriction of the right to drive vehicles for a period of up to three months.
5. Violation of the rules regarding the use of external lighting devices and sound signals for vehicles, including driving with broken or contaminated external lighting devices and reflectors, attracts a fine of 0.2 to 0.3-sized base unit.
Article 212. Violation carried registration rules 1. Driving: not registered in the established order; not have passed technical inspection; with State registration signs that do not meet the established pattern or without overlapping State registration plates on the back of the body of trucks, trailers, buses or when State registration plate characters unreadable format, as well as perekrašennymi or rebuilt under another type or brand of vehicles without proper authorization or with promotional lettering advertising form that are not registered in the prescribed manner, implies a warning or a fine in the amount of 0.1 to 0.2 size basic units.
2. Driving without government registration plates-leads a warning or a fine of up to two sizes of the base unit.
3. Driving with fake public registers marks or knowingly removed signs public registers-attracts a fine of one to three sizes of the base unit or the restriction of the right to drive vehicles for a period of three to six months.
4. Driving by unauthorized persons in possession of the registration or other documents on vehicle-attracts a fine of up to 0.1 size basic units.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 213. Committing the person who manages your vehicle actions, represents a danger to road safety Commission of the person who manages your vehicle, distracting action (talking on the phone, eating, drinking, smoking, potaraplivanie road users, listening to loud audio-video equipment and more) or driving with knowingly facing outward body parts-attracted by a fine in the amount of 0.5 to one the size of the base unit.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 214. Excess of drivers of vehicles movement speed, failure to comply with traffic signs 1. The excess of the prescribed speed by drivers of vehicles no more than 10 kilometers per hour implies a warning.
2. excess of the prescribed speed by drivers of vehicles more than 10 but not more than 30 kilometres per hour-attracts a fine of up to 0.5 size basic units.
3. exceeding the prescribed speed by drivers of vehicles more than 30 but not more than 50 kilometres per hour-attracts a fine of one to three sizes of the base unit.
4. exceeding the prescribed speed by drivers of vehicles more than 50 kilometers per hour-attracts a fine of three to five sizes of the base unit or the restriction of the right to drive vehicles for a period of three to six months.
5. Failure to comply with the requirements of road signs (priority, outlaw prescribing) or markings on the carriageway of roads on the granting of benefits in motion, improper overtaking, pedestrian crossings, travel or public transportation, as well as non-compliance with the rules regarding the use of lighting at night or in conditions of poor visibility-shall entail a warning or a fine in the amount of 0.1 to 0.2 size basic units.
6. Travel by banning traffic signal or gesture regulator hand pointer-attracts a fine of one to three sizes of the base unit.
7. Driving vehicles on pedestrian sidewalks, stopping or leaving the vehicle on pedestrian sidewalk and fence vehicles passes, roads, entrances leading to houses, buildings, sites and structures-it attracts a fine of 0.3 to 0.5 size basic units.
Note drivers of vehicles with included flashing lights blue-red: ambulance, fire safety, other operational and special services, performing urgent official tasks, as well as the drivers of vehicles moving in convoys organized by State or official delegations, subject to compliance with the road traffic safety may go beyond the requirements established by the rules of the road.
Article 215. Territories violations create an emergency situation, offences stipulated by parts one-sixth article 214 of this code and the creation of an emergency situation, the territories that is prompting the other traffic participants dramatically change speed, direction or take other measures to ensure their own safety or the safety of other road users,
attracts a fine of one to five sizes of the base unit or the restriction of the right to drive vehicles for a period of three to six months.
Article 216. Violation of the regulations for the carriage of passengers vehicles Violating the rules by drivers of vehicles transporting people, attracts a fine of 0.3 to one the size of the base unit.
Article 217. Group movement of vehicles, creating interference with traffic or emergency situation 1. The participation of the drivers of vehicles in a group (two or more) movement on the roads and in the cities and other settlements, if they led to the establishment of road traffic noise or an emergency, shall incur a fine in the amount of one base unit size or the restriction of the right to drive vehicles for a period up to six months.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of one to two sizes of the base unit or the restriction of the right to drive vehicles for a period of six months to one year.
Article 218. The blocking of transport communications Organization block transport links, as well as active participation in their freezing, if it did not break traffic or other violation of transport activities, implies a fine for individuals of up to one, officials of the two dimensions of the base unit.
Article 219. Violation of the rules of carriage of goods, as well as the towing of vehicles 1. Violation of the rules on towing vehicles-attracts a fine of 0.3 to one the size of the base unit.
2. Carriage of goods in excess of the amount defined by the vehicle manufacturer, or other violation of the regulations for the carriage of goods by road in vehicles is punishable by a fine of up to two sizes of the base unit.
3. Repeated committing the offences provided for in part two of this article within one year after the application of measures of administrative penalty, as well as the tolerance specified offences officials-implies a fine for individuals of up to five sizes of the base unit with the restriction of the right to drive vehicles for a period of up to one year or not, the officials in a fine of up to eight dimensions of the base unit.
Article 220. Violation of rules violation of transhumance livestock rules on roads and run across the street, as well as the abandonment of cattle on the road unattended, if it led to a threat to road safety,-attracted by a fine in the amount of 0.2 to 0.5 size basic units.
Article 221. Violation of rules by drivers of vehicles travel railway crossings a violation of drivers of vehicles travel rules of railway crossings-attracts a fine of one to two sizes of the base unit or the restriction of the right to drive vehicles for a period of three to six months.
Article 222. Driving while intoxicated or admission of a person who is intoxicated, to driving a vehicle 1. Driving while intoxicated drivers-implies a restriction of the right to drive vehicles for a period of up to one year.
2. Repeated committing the offences provided for in the first paragraph of this article, within a period of one year a person credited measures of administrative penalty for them, implies an administrative arrest for up to 15 days with the restriction of the right to drive vehicles for a period of up to two years.
3. the transfer of control of the vehicle to a person who is known to be intoxicated, attracts a fine of from four to eight dimensions of the base unit.
4. Driving intoxicated persons who do not have the right to drive vehicles, attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
5. Repeated committing offences under the fourth part of this article within one year after the application of measures of administrative penalty-attracts a fine of from eight to twenty dimensions base unit or administrative arrest for up to 15 days.
6. admission of official responsible for vehicles in operation, to the management of vehicles in drunk driving, attracts a fine of one to three sizes of the base unit.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 223. Violation of traffic rules, povlëkšee damage 1. Traffic violation provided for in articles 210, 214, 221 and 231 of this code, its participants, if they caused property damage worth up to ten average monthly wage, as well as the transfer of driving to someone who does not have the right to control and which has the same effect-attracts a fine of one to three sizes of the base unit.
2. Other violations of traffic rules stipulated by this code, if they caused consequences set out in paragraph 1 of this article, is punishable by a fine of up to one size of 0.5 basic units.
3. The perpetration of violations of traffic rules, provided for by article 233 of this code, the officials directly responsible for the production of vehicles in operation, as well as the transfer of driving them to someone who does not have the right to drive vehicles if they caused consequences, referred to in paragraph 1 of this article, shall incur a fine in the amount from one to two sizes of the base unit.
(As amended by the Act of November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) article 224. Violation of the requirements relating to the limitation of the movement of vehicles in the territories on which the State of emergency introduced Breach requirements relating to the limitation of the movement of vehicles, to obstruct the conduct of their examination to the territories in which a State of emergency is introduced, attracts a fine of up to ten sizes of basic units or administrative arrest for up to 15 days.
Article 225. Tightness of the carriageway or endangerment of traffic safety the artificial tightness of the carriageway by dumping, storing or leaving on the road of objects or materials, or a threat to road safety, or creating other obstacles-it attracts a fine of 0.5 to one the size of the base unit.
Article 226. Violation of the procedure for the formation of organized convoys of vehicles, participation and accession to the formation of organized convoys of vehicles involved in it or attach it with traffic violations, if they led to the endangerment of traffic, attracts a fine of 0.5 to one the size of the base unit or the restriction of the right to drive vehicles for a period of one to six months.
Article 227. Device obstacles on roadway Device obstacles on the carriageway of roads leading to limit the permitted speed or hindering the free passage of vehicles, including wedding and other events, attracts a fine of five to ten sizes of the base unit.
Article 228. Driving individuals ineligible for Office, a driving licence, or the right to drive vehicles which are limited to 1. Driving by unauthorized persons in possession of a driving licence certifying the right to drive motor vehicles, as well as power of Attorney for the right to drive a vehicle, shall incur a fine in the amount of 0.1 to 0.5 size basic units.
2. Motor vehicles by persons not having the right to manage these funds, as well as the transfer of control of the vehicle to someone who does not have the right to manage them, punishable by a fine of two to six dimensions of the base unit.
3. Driving individuals the right to drive motor vehicles have been restricted, attracts a fine of three to five sizes of the base unit or administrative arrest for up to 15 days.
4. Repeated committing the offences provided for in part three of this article within one year after the application of measures of administrative penalty-attracts a fine of five to eight size basic units or administrative arrest for up to 15 days.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 229. Failure to comply with the requirements of the authorized drivers of the road police surveillance officers to stop the vehicle, leaving the accident scene and dodging passing examination 1. The failure of drivers of vehicles Road Service staff requirements oversight of the police to stop a vehicle, the suspension from driving, as well as abandonment, in violation of the established rules of the accident scene Parties-punishable by a fine of two to three sizes of the base unit or the restriction of the right to drive vehicles for a period of one to two years; to persons not having the right to govern, ranging from three to five sizes of the base unit.
2. Evasion of the person who manages the vehicle from passing in the prescribed manner appropriate medical examination on the State of intoxication when there are reasonable grounds to believe about this attracts a fine of three dimensions of the base unit or the restriction of the right to drive vehicles for a period of up to two years; to persons not entitled to drive vehicles in the amount of from three to five sizes of the base unit.
Article 230. Violation of traffic rules, causing the victim povlëkšee injury or considerable property damage
1. infringement by persons administering vehicles, rules of the road, if it resulted in causing the victim lung injury or damage in the amount of ten to twenty monthly wage, attracts a fine of two to five sizes of the base unit or the restriction of the right to drive vehicles for a period of up to one year.
2. the offences provided for in the first paragraph of this article, if they caused bodily harm to the victim causing moderate or damage in the amount of twenty to seventy-five average monthly wage, attracts a fine of five to ten sizes of the base unit or the restriction of the right to drive vehicles for a period of up to two years.
Article 231. Violation of traffic rules by pedestrians and other road users 1. Disobeying traffic control signals for pedestrians or moving their roadway in undesignated places, disobeying management mopeds, bicycles and other means of transport, taxi drivers and others who use the roads, traffic signals, traffic signs non-priority, outlaw or prescribing road signs-shall entail a warning or a fine in the amount of 0.1 to 0.2 size basic units.
2. Violation of traffic rules by persons referred to in paragraph 1 of this article, povlëkšee the establishment of an emergency situation, attracts a fine of 0.5 to one the size of the base unit.
3. Violation of traffic rules by persons referred to in paragraph 1 of this article, if these actions have led to negligently causing the light or moderate bodily harm to human health, shall incur a fine in the amount from ten to twenty dimensions base unit or administrative arrest for up to 15 days.
(As amended by the law of Turkmenistan on May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 79) article 232. Other traffic violations Other traffic violations, in addition to administrative offences provided for in articles 210-231 of this code, shall entail a warning or a fine of up to 0.1 size basic units.
Article 233. The release of a line of vehicles with faults and other violations of the rules of operation of the vehicle on the line Release vehicles having faults threaten traffic safety, as well as in the presence of which is prohibited by their exploitation, or refitted without authorization, or not registered in the prescribed manner, or failed technical inspection, leads a fine for officials ranging from 0.5 to one the size of the base unit.
Article 234. Access to the driving of persons not having the right to drive motor vehicles or restricted these rights 1. Access to the driving of persons not having the right to manage them, implies a fine on officials of from one to two sizes of the base unit.
2. admission to the driving persons, restricted in rights management, leads a fine on officials of from two to three dimensions of the base unit.
Article 235. Infringement of regulations concerning the storage and use of vehicles, machinery or equipment 1. Vehicle storage enterprises, institutions and organizations outside the specially set aside for this purpose protected parking or at the place of residence, enabling drivers to use those funds for personal purposes, brings about a warning or the imposition of fines on individuals ranging from 0.2 to 0.5, the officials, from 0.3 to one the size of the base unit.
2. Unauthorized use for commercial purposes of vehicles, machinery or equipment belonging to businesses, institutions, organizations, leads a fine for individuals of up to one, officials of the two dimensions of the base unit, driving, fines of up to two sizes of the base unit or the restriction of the right to drive motor vehicles for a period of up to one year.
Article 236. Violation of the procedure for licensing the transportation and forwarding activities in road transport 1. Failure to comply with the order of licensing of transportation and forwarding activities in road transport-entail the imposition of a fine on officials of up to four dimensions of the base unit.
2. implementation of export without a license zočnoj and forwarding activities in road transport or intentional violation of the terms of the license, attracts fines on individuals ranging from one to two, officials from two to five, for legal entities-from five to ten sizes of the base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty-
attracts fines on individuals ranging from two to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
Article 237. Violation of the regulations for the carriage of dangerous substances and items, oversized and extremely heavy loads on rail, sea, River and road transport and electron transport 1. Violation of regulations on the transport of dangerous substances or items by rail-leads a warning or a fine of up to 0.2 size basic units.
2. Violation of the rules on the transport of dangerous substances or items, oversized and extremely heavy loads on marine and river transport-brings about a warning or a fine for individuals of up to 0.2, officials from 0.3 up to one size of the base unit.
3. Transportation of the trolley, bus, taxi, as well as letting baggage or luggage storage of explosive, flammable, poisonous and noxious substances and articles-attracts a fine of up to 0.3-sized base unit.
4. Violation of the established procedure for the carriage of dangerous goods by road-leads to fine individuals up to the amount of one officials up to two sizes of the base unit.
Note the list of hazardous substances or objects, for violation of the rules of which this article is installed, administrative responsibility is determined by the rules in force at the relevant transport modes.
Article 238. Carry-on baggage in excess of the established standards 1. Carry-on baggage on the rail, maritime and river transport over established norms without payment-implies a fine in the amount of 0.1-sized base unit.
2. Unpaid baggage in Bus Intercity-implies a fine in the amount of 0.1-sized base unit.
Note the fine does not release the passenger from the payment of the cost of excess carry-on baggage allowance.
Article 239. Violation of rules for transport 1. Stowaway passengers, as well as the passage without a ticket children from ten to sixteen years of age: 1) commuter trains-implies a fine in the amount of 0.1 size basic units;
2) in local and long-distance trains-attracts a fine of 0.2 size basic units;
3) on vessels in maritime transport, commuter lines-implies a fine in the amount of 0.1 size basic units;
4) on vessels of sea and river transport local and long-distance lines attracts a fine of 0.2 size basic units;
5) on vessels on river transport passages attracts fines of $ 0.02 basic unit size.
2. bez BILETA Allowance children from five to ten years, rail, sea and river transport: 1) commuter trains-attracts a fine of $ 0.03 basic unit size;
2) in local and long-distance trains-attracts a fine of 0.05 size basic units;
3) on vessels in maritime transport, commuter lines-attracts a fine of $ 0.03 basic unit size;
4) on vessels of sea and river transport local and long-distance lines attracts a fine of 0.05 size basic units;
5) on vessels on river transport passages attracts fines of $ 0.02 basic unit size.
3. Stowaway flight passengers-attracts a fine of up to 0.3-sized base unit.
4. Stowaway passengers in the bus, bus urban and commuter trains, as well as taxi-attracts a fine of 0.05-sized base unit.
5. bezbiletnyj travel by bus Intercity-implies a fine in the amount of 0.1-sized base unit.
Note the fine does not release the passenger to pay the fare.
Article 240. Violation of the rules regarding the use of passenger motor transport and electric transportation 1. Drive without action signals stop cranes and other trolleybus systems, bus, minibus, internal damage to their equipment and glasses, as well as getting on and off of them during movement-punishable by a fine of up to 0.2 size basic units.
2. The disposal of garbage and other items from Windows and doors, trolleybuses, buses, taxi, pollution, as well as the directions in pačkaûŝej clothes attract a warning or a fine of up to 0.1 size basic units.
Article 241. Violation of the rules for securing cargo by rail, sea, River and road transport 1. Damage to rolling stock, containers, floating, and other vehicles intended for the carriage of goods, as well as transportation devices and handling mechanisms, leads to a fine of up to the same size of the base unit.
2. Damage to seals and locking devices of freight wagons, trucks, trailers, containers, cargo holds and other floating equipment premises, stall them seals, damage individual packages and their packaging, package freight yards, fencing, railway stations, road freight stations, container of items (sites), ports (marinas) and warehouses, which are used to perform operations related to cargo transportation, as well as staying without authorization on the territory of freight yards , a container of items (sites), cargo areas (plots), ports (marinas), locks and the aforementioned warehouses-attracts a fine of up to 0.5 size basic units.
Article 242. Violation of rules aimed at ensuring the security of cargo on air transport 1. Damage to seals and locking devices for containers with seals they stall, the damage to individual packages, packages and packaging, as well as fencing warehouses, which are used to perform operations related to the transportation of goods in air transport, attracts a fine of up to 0.5 size basic units.
2. If damage to the containers and vehicles used for the carriage of goods in air transport, attracts a fine of up to the same size of the base unit.
Article 243. Damage to roads, railway crossings and other road structures damage to roads, railway crossings and other road structures or technical means of traffic management, as well as deliberate obstruction to traffic, including pollution by road surface, as well as intentional abandonment of the track on the road or rough driving, i.e. tightness through roads administration with obstruction to other road users -attracts a fine of up to 0.3-sized base unit.
Article 244. Violation of the rules on the protection of the road drainage Strip Plowed plots on the diversion of the road without coordination with road authorities, mowing the grass, cutting and damage plantings, removing sod and lifting holes in these places, sewage, industrial wastewater reclamation and drainage facilities and reserves, as well as open fire on the band and the closest 100 meters away from the wooden bridges, all wooden bridges with wooden decks-lead to a warning or a fine of up to three sizes of the base unit.
Article 245. Violation of rules for the protection of the users of highways and road structures a violation of land adjacent to the strip of road drainage within the settlements on the roads of national and local significance, responsibilities for device, repair and regular clearing footpaths and walkways within the boundaries assigned to them, as well as responsibilities of maintenance in technically serviceable condition and clean process exits of stations or sidings on the road of common use including bridges, pereezdnye-attracts a fine of up to 0.2 size basic units.
Article 246. Violation of the rules of the railways, railway crossings and other road structures Violating rules of railways, railway crossings and other road structures in safe for traffic condition or failure to take measures to ban or restrict traffic on some sections of the railways, when their use threatens the safety of traffic, leads a fine for officials ranging from 0.5 to two sizes of the base unit.
Article 247. Protection violation of main pipelines protection violation of main pipelines-leads with a warning or fine for individuals of up to three officials-to five dimensions of the base unit.
Note the damage caused by a breach of the rules of protection of pipelines, is compensated in the manner determined by the legislation of Turkmenistan.
Article 248. Device and operation of radio broadcasting sites without registration, or without the appropriate permit 1. Device and operation of broadcasting hub node, regardless of its power without registering in the authorized State body or without proper authorization (in cases where such authorization is required)-entails the imposition of a fine on officials of up to seven, for legal entities-to twelve dimensions of the base unit.
2. the device and operation of broadcasting point regardless of the host broadcasting hub, from which it is installed, without registering in the authorized State body or without proper authorization (in cases where such authorization is required)-attracts fine for individuals of up to three to five officials, legal persons-up to ten dimensions of the base unit.
Article 249. Manufacture and use of radio transmitters without the authorization of the manufacture and use of radio transmitters without permission from authorized State body in the manner prescribed by the legislation of Turkmenistan, shall incur a fine in the amount from five to ten sizes of the base unit.
Article 250. Violation of the rules of entering, acquisition, installation, construction and operation of radio-electronic means and high-frequency equipment 1. Violation of the rules of entering, acquisition, installation, construction and operation of radio-electronic means and high-frequency equipment, radio emission standards and valid industrial disturbances of tele-and radiopriëmu-attracts fines on individuals ranging from three to seven, officials from five to ten, for legal entities-from ten to fifteen sizes base sizes.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative punishment, and if these actions have caused interference with television and radiopriëmu and other users of radio-electronic means and high-frequency equipment, entail fines on individuals ranging from five to seven, officials from seven to ten, for legal entities-from ten to fifteen sizes base sizes.
Article 251. Violation of special rules for the use of telephones, as well as requirements on the use of radio-electronic technology violation of specific rules regarding the use of means of communication, as well as requirements of the restriction or prohibition of the use of radio and teleperedaûŝej equipment, audio and video recording and zvukousilivaûŝih of technical means in the territories, which introduced the State of emergency, attracts a fine of up to eight dimensions base unit or administrative arrest for up to 15 days.
Article 252. Violation of the rules of protection of communication lines and installations protection violation communication lines and installations, as well as damage to the liner and cable constructions connection-leads a fine for individuals of up to three, officials from two to five sizes of the base unit.
Article 253. damage phones Damage phones-leads a warning or a fine of up to three sizes of the base unit.
Chapter 15. Administrative offences, infringing on rules for the use, dissemination, and protection of information Article 254. Violation of the rules for the use of information resources in violation of the rules for the use of information resources-attracts fines on individuals ranging from one to two, officials from two to five sizes of the base unit.
Article 255. Violation of the rules of protection of information 1. Failure to comply with the conditions laid down for the implementation of activities in the sphere of information protection, leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
2. use of non-certified information systems and means of information protection without complying with the order established by the legislation of Turkmenistan, shall incur a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 256. Violation of the legislation of Turkmenistan on the legal protection of algorithms, programs, databases and topographies of integrated circuits for computers and electronic computing machines illegal use of algorithms, programs, databases and topographies of integrated circuits for computers and electronic computing machines, the rights arising in their creation, as well as release under the name strangers algorithms, programs, databases and topographies of integrated circuits for computers (computers) or the unauthorized reproduction or distribution of such works-attracts fines on individuals ranging from ten to twenty , officials from twenty to forty size basic units or administrative arrest for up to 15 days.
Article 257. Unlawful access to computer information 1. Unlawful access to a protected computer legislation of Turkmenistan information, i.e. information stored on an electronic medium in electronic computing machines, their system or network attracts a fine of five to ten sizes of the base unit.
2. The offence referred to in paragraph 1 of this article, if they caused destruction, blocking, copying information or impact on information in a different form or malfunctioning of electronic media, electronic computing machines, systems or networks, or they provodnikov, attracts a fine of fifteen to thirty size basic units or administrative arrest for up to 15 days.
Article 258. Violation of the rules for determining and establishing the degree of classified information 1. Violation of the rules for determining and establishing the degree of secrecy of information implies the imposition of a fine on officials of up to five sizes of the base unit.
2. The offence referred to in paragraph 1 of this article, if committed for the purpose of concealing violations of the legislation of Turkmenistan, is punishable by a fine on officials of up to ten dimensions of the base unit.
Article 259. Violation of requirements for confidentiality 1. Admission to work with State secrets without obtaining the permission of the authorized State body, entail the imposition of a fine on officials of from two to four sizes of the base unit.
2. Violation of the established requirements to ensure confidentiality when dealing with classified information and their bearers-implies a fine on officials of from two to five sizes of the base unit.
3. The Commission of the offences provided for in part two of this article, if it resulted in the disclosure of the secret information or loss of classified information and their carriers, which do not contain State secrets, attracts a fine of five to ten sizes of the base unit with the limitation of the special law on work with classified information for a period of six months to two years.
Article 260. Making information protection without special permission from the manufacture of means of information protection without special permission from the authorized State body, leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 261. Violation of the order to leave Turkmenistan person admitted to working with State secrets travel outside Turkmenistan to foreign countries without obtaining permission in accordance with the established procedure of the authorized State body person admitted to working with State secrets, attracts a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 262. Obstructing the dissemination of media products to obstruct the dissemination of media products or overlay not stipulated by the legislation of Turkmenistan, restrictions on the retail sale of the circulation of the periodical printed publising — leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 263. Violation of journalists ' rights 1. Failure to issue a reply to the request of the journalists within the period prescribed by the legislation of Turkmenistan, shall incur a fine in the amount from two to five sizes of the base unit.
2. Restrictions on the submission or rejection of the submission of information to the journalist, with the exception of information protected by the legislation of Turkmenistan, shall incur a fine in the amount from five to ten sizes of the base unit.
3. Obstructing the legitimate activities of journalists, or forcing them to disseminate information or to abandon their spread, attracts a fine of five to ten sizes of the base unit.
Article 264. Violation of the rules regarding the use of teleradioperedačami 1. The creation of artificial interference, reception of tv-implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
2. the use of tv and radio broadcasting authority without permission, as well as copying, reproduction and sale or public showing transmission without the authorization of their owner-implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 265. Providing sponsorship media Providing sponsorship to the media producers, prohibit advertising, and persons engaged in the production, attracts a fine of up to ten dimensions of the base unit.
Article 266. Abuse of the freedom of the media and journalist rights 1. Edited by abuse or a journalist, media freedom and media rights journalist, IE: 1) disclosure of information the disclosure of which is prohibited by legislation of Turkmenistan;
2) failure to monitor materials published in a printed publication in the manner prescribed by the legislation of Turkmenistan;
3) disseminate information without specifying its source, except as defined in the legislation of Turkmenistan;
4) production and dissemination of media products without specifying reference data or deliberately incorrect indication of reference data;
5) abuse of freedom of speech, dissemination of false information denigrating honor and dignity of a citizen or organization, as well as the impact of the Court's journalists, implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
2. Production and distribution of television, video, cinema, documentary and feature films, as well as related to special media information computer files and information processing of texts containing hidden inserts, influencing the subconscious of people or having a harmful effect on their health, is punishable by a fine for individuals of up to five, officials-to ten sizes of the base unit with the confiscation of manufactured and other items or not.
3. The preparation or dissemination of media products that fail to register or re-register or liquidated by the media, as well as activities which are discontinued or banned in the manner prescribed by the legislation of Turkmenistan,
leads fine for individuals of up to five, officials-to ten sizes of basic units, with confiscation and other manufactured items, or without it.
Article 267. Infringement of regulations concerning the storage, registration or usage rules of archival documents and collections of documents 1. Theft, damage, hiding or illegal destruction of documents forming part of the national archival Fund of Turkmenistan, as well as creation of conditions for their theft, damage, unlawful destruction, concealment, or violation of the procedure for the storage and use of records of the national archival Fund of Turkmenistan established the laws of Turkmenistan, is punishable by a fine for individuals ranging from two to five, officials from five to ten sizes of the base unit.
2. Violation of the rules, accounting rules or storage using archival documents and collections of documents-entail the imposition of a fine on individuals ranging from two to five, officials from five to ten sizes of the base unit.
Chapter 16. Administrative offences in the area of housing rights, housing and improvement of Article 268. Violation of the procedure for registration of citizens requiring improvement of living conditions for the violation of the order of officials registered the citizens requiring improvement of living conditions, withdrawals from the account and provide citizens with living quarters-attracts a fine of up to five sizes of the base unit.
Article 269. The delays in settling non-compliance officials the timing of settlement of dwelling-houses and dwellings apartments, stipulated by the legislation of Turkmenistan, shall incur a fine of up to two sizes of the base unit.
Article 270. Violation of the rules regarding the use of residential premises Breach the rules regarding the use of residential premises, i.e. pollution landings, elevators, driveways, adjacent territories and other public spaces, misuse of dwelling-houses and dwellings apartments, as well as water, gas and electric power, refrigeration and heat, sewer and other engineering equipment, failure to comply with the rules of their operation and maintenance, unauthorized alteration and reconstruction of dwelling-houses and dwellings apartments , damage their equipment and facilities improvement, brings about a warning or a fine for individuals of up to 0.5, the officials-to one the size of the base unit.
Article 271. Unauthorized connection to water and sewage networks 1. Connecting without a permit citizens to plumbing and sewage networks in homes, residential and ancillary facilities and land, as well as acts that impede the proper functioning of the water and sewer networks-involve a warning or a fine of up to the same size of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty or in respect of the main pipelines-attracts a fine of up to three sizes of base unit with compensated confiscation of equipment installed or not.
Article 272. Violation of the rules for the construction of residential, commercial and socially significant buildings and their acceptance into operation 1. Construction of residential houses or additions to it in violation of the rules established by the legislation of Turkmenistan, shall incur a fine in the amount from two to five sizes of the base unit.
2. construction of economic and socially significant buildings and structures without permission-attracts a fine of up to three sizes of the base unit.
3. Failure by the authorized State authorities commissioned residential houses built in the order established by the legislation of Turkmenistan, or impeding their design-implies a fine on officials of up to two sizes of the base unit.
Article 273. Violation of the rules of construction summer garden houses, as well as organizing and conducting collective gardening 1. Enjoyment of summer garden houses construction project agreed in an appropriate manner, or derogations from the rules provided for by the legislation of Turkmenistan, operating at the beginning of construction, attracts a fine of up to the same size of the base unit.
2. Violation of the rules of admission to the Gardening Association members; Mastering the land granted under collective gardens, without project and development of its territory or in violation of this project; building permission summer garden houses project agreed in the order, or (c) derogations from the rules provided for by the legislation of Turkmenistan, operating at the beginning of construction, authorization for accepting such houses in operation; implementation of construction in collective garden buildings and constructions in general use for the project, not coherent in order, or to derogate from it; the involvement of non-specialised construction companies construction projects Horticultural Association-punishable by a fine on officials of up to two sizes of the base unit.
Article 274. Unauthorized retreat from construction projects and construction Retreat without permission from the authorized government bodies approved in accordance with the legislation of Turkmenistan, projects for the construction of buildings, residential buildings and construction-implies a fine for individuals of up to five, officials of up to eight dimensions of the base unit.
Article 275. Damage to the territories from the manufacture of construction and renovation works thing dug out here confirms without a permit, courtyards, streets and squares, with their construction materials, failure to bring to order excavation sites, as well as construction sites after construction and repair-shall entail a warning or the imposition of a fine on officials of up to two sizes of the base unit.
Article 276. Violation of the rules for the improvement of cities and other settlements in violation of the rules of the landscaping of cities and other settlements, as well as rules to ensure cleanliness and order them-attracts a fine of up to three sizes of the base unit.
Article 277. Damage or unauthorized felling of green space in cities and other localities of damage to plantations in the cities and other settlements, as well as their cutting down or moving to other places, admitted at building individual sites having at the time of the construction of green plantations without permission he city, etrap, as well as the failure of citizens and officials measures to protection under their purview of plantations , careless attitude towards them is punishable by a fine of up to three sizes of the base unit.
Chapter 17. Administrative offences in sphere of economic activity Article 278. Implementation without a license and banking transactions for purchase and sale of foreign currency 1. Implementation of banking activities without a license, as well as deals on buying and selling foreign currency, attracted a fine on officials of up to five, for legal entities-from ten to twenty dimensions base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-entail the imposition of a fine on officials of up to ten, for legal entities-from twenty to thirty size basic units or administrative suspension of activity of legal persons for a period of up to three months.
Article 279. Illegal transactions on sale and (or) of foreign currency 1. Illegal transactions on sale and (or) sale of foreign currency, shall incur a fine in the amount of fifteen to twenty-five size basic units with confiscation of items as direct objects of administrative offence.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-attracted by a fine in the amount of twenty-five to fifty size basic units with confiscation of items as direct objects of administrative offence.
(As amended by the Act of November 21, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ Article _) Article 280. Maintenance of productive activities, release, implementation, product application without its realization, as well as the execution of works and services without the express permission of 1. Maintenance of productive activities, release, implementation, product application without its realization, as well as the execution of works and services requiring special authorization (certificates and other documents), without obtaining such is punishable by a fine for individuals ranging from three to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-attracts fines on individuals ranging from five to ten, to officials from ten to twenty, for legal entities-from twenty to fifty sizes base sizes.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 281. Violation of the legislation of Turkmenistan on licensing of separate types of activity 1. Unfounded refusal to issue licence or other violation of rights of licensee-implies the imposition of a fine on officials of up to four dimensions of the base unit.
2. implementation of the natural person or legal entity licensed activity without a licence or intentional violation of the conditions prescribed by the licence-attracts fines on individuals ranging from one to two, officials from two to five, for legal entities-from five to ten sizes of the base unit.
3. Repeated committing the offences provided for in part two of this article within one year after the imposition of an administrative penalty-attracts fines on individuals ranging from two to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit or administrative suspension of activity of legal persons for a period of up to three months.
Article 282. Violation of rules of reception, expenditure, accounting, storage and sales of precious metals and precious stones or articles containing such metals and stones 1. Violation of physical and legal persons producing, consuming and using precious metals and gemstones or articles containing such metals and stones, rules of their reception, expenditure, accounting, storage and picking and putting in the appropriate public authority of their scrap and residue-implies a fine for individuals of up to one officials at up to three sizes of the base unit.
2. The sale of products containing precious metals, without trial and hallmarks-attracts a fine of five to ten sizes of the base unit.
3. repeated committing an offence under paragraph 2 of this article within one year after the imposition of an administrative penalty-attracts a fine of ten to twenty dimensions base unit.
(As amended by the law of Turkmenistan on December 20, 2014 and November 21, 2015 -Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162; 2015, no. _ calendar _) article 283. Illicit entrepreneurial activities 1. Realization of enterprise activity without registration and without special permission (license) in cases where such permission (license) is required, or in violation of the license conditions-entail the imposition of a fine on individuals ranging from three to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit with confiscation of manufactured products, tools and raw materials or without it.
2. the offences provided for in the first paragraph of this article, if it resulted in damage on a large scale or to extract income on a large scale, attracts fines on individuals ranging from ten to fifteen, officials from fifteen to thirty size basic units with confiscation of manufactured products, tools and raw materials or without cause or administrative arrest for up to 15 days , fines for legal persons in the amount of twenty-five to seventy-five size basic units with confiscation of manufactured products, tools and raw materials or without it.
Note 1. Under the business activity for the purposes of this code refers to the independent activity of a natural or legal person aimed at obtaining profits or income, carried out on its behalf and at its own risk, with himself to liability.
2. In this article the damage on a large scale or income of large scale damage is recognized or income received during the year, the amount of which exceeds one hundred monthly wages but not exceeding 500 average monthly wage, established by the legislation of Turkmenistan.
(As amended by the Act of November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) article 284. Unlawful interference in the business activities interfering in business activities with the exception of the grounds stipulated by the legislation of Turkmenistan, the failure to protect and support the business of the State, as well as open or covert operations to entry or access by persons carrying out business activity, the market attracts fine for individuals of up to two, four officials of the sizes of the base unit.
Note under the persons engaged in entrepreneurial activities, for the purposes of this code refers to natural and legal persons have acquired the right to entrepreneurship based on State registration in the order established by the legislation of Turkmenistan.
Article 285. Monopolistic competition and the limitation of actions establishing and maintaining high monopoly or exclusively low prices, as well as a restriction of competition by means of collusive or coordinated actions aimed at the market, limiting market access, elimination with other economic actors, establishing or maintaining uniform pricing leads a fine ranging from twenty to forty size basic units.
Article 286. Violation of the rules for reporting on economic, business activities 1. Representation of individuals false information and documents needed for the State registration and tax accounting business, attracts a fine of one to two sizes of the base unit.
2. The late submission of a manager of a legal person information and control instruments of economic activity or submission of false information required for tax accounting, entail the imposition of a fine on officials of from two to three dimensions of the base unit.
Article 287. Violation of the legislation of Turkmenistan accounting and taxes and the conduct of cash operations
1. Breach of the established procedure for the keeping of accounting records, as well as the accounting of tax objects and other violations of the tax laws of Turkmenistan (except as provided under section 292 of the present Code), povlëkšee for a late or incomplete payment of taxes and payments to the budget and other compulsory payments, attracts a fine of one to two sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-attracts a fine of two to four sizes of the base unit.
3. the breach of an order of cash operations-attracts a fine of one to two sizes of the base unit.
4. Repeated committing the offences provided for in part three of this article within one year after the application of measures of administrative penalty-attracts a fine of two to four sizes of the base unit.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 288. Failure to perform duties of calculation and payment of taxes and other obligatory payments failure of ministries, departments, enterprises, organizations, institutions, regardless of their form of ownership and other taxpayers obligations according to calculation and timely payment of taxes and other obligatory payments entail the imposition of a fine for individuals of up to two, four officials of the sizes of the base unit.
Article 289. Violation of the legislation of Turkmenistan on 1 statistics. Unlawful interference in the activities of the statistics, including the formation of statistical methodology, violation of deadlines for the submission of relevant information produced by the departmental authorities and statistics derived from administrative databases, as well as the information required for the conduct of statistical control or the appropriate State statistical list, as well as representation in the State statistical bodies of incorrect reporting or distorted information-implies a fine for individuals of up to two on officials-from one to three sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-attracts fines on individuals ranging from one to three, officials from two to five sizes of the base unit.
Article 290. Failure to comply with the confidentiality of primary statistical data 1. Failure to comply with the confidentiality of primary statistical information, i.e. providing information about individuals and legal persons without their consent to the public authorities, enterprises, organizations or individuals who do not have the right to use the data, leads a fine on officials of from one to three sizes of the base unit.
2. Disclosure of primary statistical data provided for in paragraph 1 of this article, by publication in print-implies a fine on officials of from four to eight dimensions of the base unit.
Article 291. Violation of the terms of payment of taxes and other obligatory payments 1. Violation of legal persons the term of payment of taxes and other mandatory payments within three calendar months-leads a fine on officials of from three to five sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within three calendar months after the imposition of an administrative penalty-entail the imposition of a fine on officials of from four to five sizes of the base unit.
Article 292. Violation of the order of reference of the accounting, financial reporting and conduct a test of mutual claims and submitting false information to financial institutions 1. Violation of the order of reference of the accounting, financial reporting and conduct a test of mutual claims established by the legislation of Turkmenistan, as well as the submission of false information to financial institutions-implies a fine on officials of from one to three sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-entail the imposition of a fine on officials of from three to five sizes of the base unit.
Article 293. Violation of the order of alienation of State property failure to comply with State enterprises, organizations and institutions of the established order of alienation of State property-leads a fine on officials of from two to four sizes of the base unit.
Article 294. Failure to return from abroad of funds and breaches of the law of Turkmenistan on banks 1. Failure or failure to return within the prescribed time-limits of funds in national and foreign currencies for foreign trade transactions with non-residents on residents ' accounts in the authorized credit institutions of Turkmenistan to be transferred in accordance with the legislation of Turkmenistan, shall incur a fine in the amount of officials from five to ten sizes of the base unit.
2. Failure to provide credit institutions information subject to mandatory reporting in accordance with the legislation of Turkmenistan, systematic violation of deadlines for the submission of (two or more times during the year) or view distorted information-punishable by a fine in the amount of officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
3. Failure to comply with lending institutions work related to independent auditing and publication of their results in terms established by the legislation of Turkmenistan, shall incur a fine on officials of up to five sizes of the base unit.
Article 295. Violation of rights, freedoms and legitimate interests of persons in need of social and legal protection 1. Infringement of persons in need of social and legal protection (women, minors, persons with disabilities and others) in the field of social security, as well as a violation of their rights and lawful interests guaranteed by the legislation of Turkmenistan on social protection of population, attracted warning individuals or fines on individuals in the amount of up to one, officials of the two dimensions of the base unit.
2. recognition of persons by a person with a disability, without sufficient legal basis, assigning categories and degree of disability, as well as repeated offences provided for in paragraph 1 of this article within one year after the application of administrative penalty-punishable by a fine for individuals of up to three officials-to five dimensions of the base unit.
3. the offences provided for in the first paragraph of this article, from feelings of hatred towards humans or other hostile intentions-brings about fine for individuals of up to three officials-to five dimensions of the base unit.
Article 296. In respect of a person enjoying social services action problems threaten their life and Health Commission of the face, working in the sphere of social services, actions (inaction) problems endanger the life and health of a person enjoying social services or other violations of their rights is punishable by a fine on officials of up to the same size of the base unit.
Article 297. Violation of the legislation of Turkmenistan on State Pension Insurance Act 1. The failure of public pension obligations on public pension insurance, if it led to violation of rights and lawful interests in matters of State pension insurance, leads a fine on officials of from one to two sizes of the base unit.
2. illicit use of financial penalties against the insured or other pension insurance-entail the imposition of a fine on officials of up to two sizes of the base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of administrative punishment-leads a fine on officials of from two to five sizes of the base unit.
Article 298. Violation of the order accounting by policyholders, calculation and payment of pension contributions, the delays in submitting declarations and reports on calculation and payment of contributions 1. Violation of procedure for accounting and accounting by policyholders-payers of pension contributions, their public registry, as well as the calculation and payment of pension contributions, established by the legislation of Turkmenistan, the delays in submitting declarations and reports on calculation and payment of pension contributions is punishable by a fine for individuals of up to two, four officials of the sizes of the base unit.
2. Failure of the insured or the payment in full not withheld in accordance with the established procedure of pension contributions, soveršënnaâ repeatedly within three calendar months, leads a fine for individuals of up to two, on up to three officials of the sizes of the base unit.
3. failure to submit required documentation within established deadlines and other information in the public authorities exercising control over execution of the legislation of Turkmenistan on State pension insurance, as well as the presentation of this information in a distorted form is punishable by a fine for individuals ranging from one to three, officials from three to five sizes of the base unit.
Article 299. Late registration of pension contributions, investment income nenačislenie 1. Late (two or more times within three calendar months) enumeration of pension contributions to personal pension accounts of insured persons, the violation of the order of reference of accounting information on pension capital, neindeksaciâ pension capital is punishable by a fine on officials of up to the same size of the base unit.
2. Nenačislenie investment income on retirement savings or understating its size-implies a fine on officials of up to two sizes of the base unit.
Article 300. Violation of deadlines for the submission of tax returns and reports
Violation of the tax laws of Turkmenistan the deadlines for the submission of tax returns and reports to the bodies of State tax service at the place of the accounting leads a fine for individuals of up to two, on up to three officials of the sizes of the base unit.
Article 301. Failure to provide information required for the implementation of tax control Failure within the deadlines established by the tax laws of Turkmenistan, in the organs of the State tax service of documents and other information necessary for the implementation of tax control, as well as the submission of such information in an incomplete or distorted-attracts fines on individuals ranging from one to three, officials from three to five sizes of the base unit.
Article 302. Violation of the legislation of Turkmenistan on combating the legalization of income and the financing of terrorism, the violation of the rules provided for by the legislation of Turkmenistan on combating the legalization of income and the financing of terrorism, persons representing information or relevant licensing authorities-implies a fine for individuals of up to two, on up to four officials, to legal persons-up to ten dimensions of the base unit or the administrative suspension of activity of legal persons for up to six months.
Article 303. Violation of the legislation of Turkmenistan on the State budget of Turkmenistan without complying the legislation of Turkmenistan on the order of drafting and passing the State budget of Turkmenistan, as well as reporting on the implementation of the expenditure of the State budget of Turkmenistan-entail the imposition of a fine on officials of from one to four dimensions of the base unit.
Article 304. Violation of the labour legislation of Turkmenistan 1. Unfounded refusal to conclude an employment contract illegal termination of employment contract (termination), non-compliance with the prohibitions of the use of forced or compulsory labour, the employment of women or persons under the age of eighteen years, rules limiting work concurrently with the main work, rules for the certification of workplaces and workers, discrimination against persons with disabilities, the failure (partial repayment) of the worker's wages or delay the issuance of salary in accordance with the established procedure or work book violation by the employer, as well as other guarantees of the rights and legitimate interests of workers established by the employment contract, punishable by a fine for individuals ranging from two to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit or administrative suspension of activity of legal persons for a period of up to three months.
2. Unjustified refusal in admission of women on the grounds of her pregnancy, as well as unfounded dismissal of a woman from work for the same reasons-attracts fines on officials from five to ten sizes of the base unit.
Article 305. Violation of the legislation of Turkmenistan on labour protection 1. Employer's failure to comply with the requirements of the State regulation of labour protection, the State guarantees the protection of the rights of workers in the field of labour protection, responsibilities for the protection of labour, the failure to provide, in accordance with the established norms of reparation povlëkšego incapacity as a result of an industrial injury, primary and periodic medical monitoring, free means of personal safety, hygiene, food and other products, other violations of conditions to ensure the protection of a healthy and safe workplace, or failure to comply with measures provided for by collective agreement (Agreement), punishable by a fine for individuals of up to five, officials-to ten, to legal persons-up to fifteen sizes base sizes.
2. the attribution of employer for labour safety officers duties unrepresentative-implies a fine on officials of up to five sizes of the base unit.
3. Violation of the person who is responsible for compliance with safety rules or safety rules, these rules, if this resulted in causing light or moderate bodily harm to human health or can lead to accidents with people, attracts a fine of five to fifteen size basic units or administrative arrest for up to 15 days, to legal persons is a fine in the amount of fifteen to twenty-five sizes of the base unit.
4. Violation of safety regulations during the conduct of mining ore, construction or other works, if it is caused by the negligence of medium gravity damage to human health, shall incur a fine in the amount from ten to twenty dimensions base unit or administrative arrest for up to 15 days, to legal persons is a fine ranging from twenty to forty size basic units.
(As amended by the Act of November 9, 2013 and May 3, 2014-Statements of the Mejlis of Turkmenistan, 2013, no. 76, p. 4, 2014, no. 2, p. 79) article 306. Violation of the order of conclusion and execution of a collective agreement (the agreement)
Unreasonable refusal to participate in collective negotiations to conclude, amend or supplement a collective agreement (the agreement) or unlawful refusal to sign a negotiated collective agreement (Agreement), and failure to comply with obligations under the collective agreement (Agreement), failure to provide information for the purpose of collective bargaining and of monitoring of the collective agreement (the agreement) is punishable by a fine for individuals ranging from two to five, officials from five to ten on legal entities-from ten to twenty dimensions base unit.
Article 307. Violation of the legislation of Turkmenistan on employment 1. Concealment and distorted representation of employers or employment service statistics about employment or other violations of the law of Turkmenistan on employment if this led to violation of the right to work or to social protection or obstructed the normal conduct of employment-generating activities, punishable by a fine on officials of from one to two sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of administrative penalties, as well as the failure of employers to work of citizens in employment authorized bodies on Unexcused absences-entail the imposition of a fine on officials of from two to four sizes of the base unit.
Article 308. Hiring (service) related to the liability of the person whose conviction for a crime committed out of greed, not paid the adoption by public enterprises, institutions or organizations (service) related to the liability of the person whose conviction for committing a crime of greed has not been cancelled, implies the imposition of a fine on officials of from four to ten sizes of the base unit.
Article 309. Contravention of standardization and quality of products, production, storage and use of measuring devices 1. Contravention of standardization and quality of production, release and storage and use of measuring devices: 1) release (including after repair) or delivery (realization) of products, quality, composition, and packaging which does not comply with the requirements of the standards, specifications and samples (standards);
2) representation in production or customer design, technological and project documentation, not conforming to the standards;
3) failure to comply with the standards and technical conditions during transport, storage, consumption (use) products, if it resulted in the declining quality, damage or charge wastage;
4) release into the circulation and use of measuring instruments and samples of standards not included in the State register, have not been a public or professional metrology test, as well as untested or are faulty and inaccurate test results;
5) violation of the use of measuring instruments;
6) discrepancy in the number of different types of packaged goods to requirements of normative documents in their packaging and selling;
7) failure in the manner prescribed by the regulations of Turkmenistan, instrumentation fundamental technological steps that affect the quality of products, works and services in conducting trading activities, registration of wealth and energy funds attracted warning individuals or fine for individuals of up to two, officials-to five dimensions of the base unit.
2. implementation of the activities in the field of the maintenance of unity of measurements, as well as in the field of industrial safety, the design and construction of buildings, hazardous, and the transport of dangerous goods without a license in the manner prescribed by the legislation of Turkmenistan, shall incur a fine for individuals of up to two, officials-to five dimensions of the base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of administrative penalty-attracts fines on individuals ranging from two to five, officials from five to ten sizes of the base unit.
Article 310. Violation of the procedure of insurance coverage 1. Failure to provide insurance protection for types of compulsory insurance-entail the imposition of a fine on officials of up to two sizes of the base unit.
2. repeated committing an offence under paragraph 1 of this article within one year after the application of administrative punishment-leads a fine on officials of up to five sizes of the base unit.
Article 311. Violation of the legislation of Turkmenistan on insurance activities 1. Conducting insurance business without obtaining a license in the manner prescribed by the legislation of Turkmenistan, shall incur a fine in the amount of officials to two legal persons-up to five sizes of the base unit.
2. conclusion of the insurance contract with the Organization, clearly not having licenses for realization of insurance activity, or a failure to comply with other requirements of the legislation of Turkmenistan on insurance activities, if it led to violation of rights and lawful interests of individuals and legal entities, attracted a fine for individuals of up to one to two officials, legal persons-up to five sizes of the base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of administrative penalty-attracts fines on individuals ranging from one to two, officials from two to five, for legal entities-from five to ten sizes of the base unit.
Article 312. Violation of trade rules and the provision of services 1. Violation of trade rules and the provision of services provided for by the legislation of Turkmenistan, shall incur a fine in the amount of individuals-from two to four, officials from six to twelve, to legal persons from ten to twenty dimensions base unit.
2. Sales of goods, products, raw materials from warehouses, bases, outbuildings or other storage locations of State-owned enterprises trade, catering or consumer services or when delivering them to a place of safe keeping, implementation or concealment of employees of these enterprises of goods, products, raw materials from consumers-implies a fine for individuals of up to five, up to ten officials, legal entities-from size 10 to 30 basic units.
Note If implementations or concealment of goods, products, raw materials for food does not exceed twenty monthly wage, established by the legislation of Turkmenistan, and on other goods, products, raw materials does not exceed fifty average monthly wage, applies to part two of this article.
(As amended by the Act of November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) article 313. Consumer fraud 1. Obmerivanie, obvešivanie, calculation, misrepresentation regarding consumer properties, quality of goods (works, services) or other consumer fraud by persons carrying out activities on trade in goods, performance of works and provision of services, punishable by a fine for individuals ranging from two to four, officials from four to twelve, to legal persons from ten to twenty dimensions base unit.
2. exceeding size limits trade entities of retail prices for domestic goods-implies a fine for individuals of up to four officials from four to eight, for legal entities-from eight to twenty dimensions base unit.
3. Repeated committing the offences provided for in part two of this article within one year after the imposition of an administrative penalty-attracts fines on individuals ranging from four to eight, officials from eight to sixteen, for legal entities-from twenty to forty size basic units.
Note This article applies if the amount of consumer fraud does not exceed twelve monthly wages established by the legislation of Turkmenistan.
Article 314. Violation of the conduct of monetary cash transactions 1. The conduct of employees of the enterprises of trade, public catering and services irrespective of their form of ownership, as well as persons engaged in entrepreneurial activities, cash advance transactions without the use of electronic cash registers or waiver of client payment document implies a fine for individuals of up to two, on up to five officials, legal entities-from five to ten sizes of the base unit.
2. The use of foreign currency on the territory of Turkmenistan as a means of payment, employees and persons referred to in paragraph 1 of this article, in violation of the law of Turkmenistan-brings about a warning or a fine for individuals ranging from three to five, officials from five to ten, for legal entities-from ten to twenty dimensions base unit.
3. Repeated committing the offences provided for in part two of this article within one year after the imposition of an administrative penalty-attracts fines on individuals ranging from five to ten, to officials from ten to twenty, for legal entities-from twenty to fifty sizes base sizes.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 315. Violation of rules for trade in alcoholic beverages and tobacco products 1. Violation of the employees of trade and catering enterprises regardless of their form of ownership or persons engaged in business activities, the rules of trade in alcoholic drinks, beer, and tobacco products-vinomaterialom attracts fine for individuals of up to six, on the twenty officials, legal entities-from twenty to forty size basic units with confiscation of alcoholic beverages, beer, wine and tobacco products or without it.
2. sale of liquor, beer, wine and tobacco products to persons under the age of majority, attracts fines on individuals ranging from four to twelve, to officials from ten to twenty, for legal entities-from twenty to forty size basic units.
3. implementation, as well as the storage, transport or purchase with the purpose of realization of alcoholic beverages, tobacco goods without marking them to consumer packaging, established by the legislation of Turkmenistan, or without adequate information, including non-marking with excise stamps, leads a fine for individuals of up to five, officials from five to twenty, for legal entities-from ten to forty size basic units with confiscation of alcoholic beverages and tobacco products or without it.
4. Sale of alcoholic beverages, tobacco products without appropriate marking with excise stamps their consumer packaging, as well as the storage, transport or purchase with a view to follow-up these products, leads a fine for individuals ranging from five to ten, officials from seven to fifteen, for legal entities-from fifteen to twenty dimensions base unit with confiscation of alcoholic beverages and tobacco products or without it.
(As amended by the Act of February 2, 2015-Statements of the Mejlis of Turkmenistan, 2015, no. 1, p. 10) article 3151. Violation of the procedure for labelling of consumer packaging and posting information alcoholic beverages and tobacco products 1. Production and supply of alcoholic beverages, tobacco products without labeling their consumer packaging in accordance with the legislation of Turkmenistan and without posting on the relevant information, including the number of violation of the procedure for marking with excise stamps, entail the imposition of a fine on officials of from ten to twenty, for legal entities-from twenty to fifty size basic units with confiscation of alcoholic beverages and tobacco products or without it.
2. The importation, purchase, storage or transport with the purpose of realization of alcoholic beverages and tobacco products subject to marking with excise stamps, without labelling-attracts fines on individuals ranging from five to ten, to officials from ten to twenty-five, for legal entities-from twenty to fifty size basic units with confiscation of alcoholic beverages and tobacco products or without it.
(The code is supplemented by article 3151 Turkmenistan law dated February 2, 2015-Statements of the Mejlis of Turkmenistan, 2015, no. 1, p. 10) article 3152. Violation of the procedure for use of excise stamps for placing them on the consumer packaging of alcoholic beverages and tobacco products 1. The production or sale of forged excise marks for placing them on the consumer packaging of alcoholic beverages and tobacco products-leads a fine for individuals of up to ten officials from ten to twenty-five, for legal entities-from twenty to fifty size basic units with confiscation of items which were directly targeted administrative offence.
2. Use fake excise stamps for posting on the consumer packaging of alcoholic beverages and tobacco products-leads a fine for individuals of up to five, officials from five to twenty, for legal entities-from ten to forty size basic units with confiscation of alcoholic beverages and tobacco products or without it.
3. Import, storage or transport with the purpose of realization of alcoholic beverages and tobacco products with a deliberately forged excise labels-entail the imposition of a fine on persons physically, in the amount of up to ten officials from ten to twenty-five, for legal entities-from twenty to fifty size basic units with confiscation of items which were directly targeted administrative offence.
(New article Code 3152 Turkmenistan law dated February 2, 2015-Statements of the Mejlis of Turkmenistan, 2015, no. 1, p. 10) article 316. Violation of the requirements of the restriction or prohibition of the trade in spirits and spirituous substances in the territories, which introduced the emergency regime violation of workers of enterprises of trade and catering requirements of the restriction or prohibition of the trade in spirits and spirituous substances in territories in which a State of emergency is introduced, leads a fine for individuals of up to five, officials from five to ten sizes of basic units or administrative arrest for up to 15 days , fine for legal entities-from fifteen to twenty five sizes of the base unit.
Article 317. Violation of the legislation of Turkmenistan on turnover of weapons 1. Violation of the legislation of Turkmenistan on trafficking in firearms, their parts and components and ammunition to it, attracts a fine of two to five sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the imposition of an administrative penalty-attracts a fine of five to ten sizes of the base unit.
Article 318. Violation of the requirements of the restriction or prohibition of the trade in arms, potent chemicals and poisonous substances in the territories, which introduced the emergency regime violation of the requirements of the restriction or prohibition of the trade in arms, potent chemicals and poisonous substances in the territories, which introduced the State of emergency, attracts a fine of up to eight dimensions base unit or administrative arrest for up to 15 days.
Article 319. Works and services or consumers, without normative documents or not appropriate them 1. Delivery in trading products on quality and safety, staffing, labeling and packaging requirements of normative documents and samples (standards), leads a fine for officials ranging from eight to 20, to legal persons-from twenty to forty size basic units.
2. release for sale or distribution of products not conforming to the requirements of quality and safety, staffing, labeling and packaging requirements of normative documents, as well as the execution of works and rendering of services of low quality, not corresponding to requirements of normative documents, implies a fine for individuals of up to six, officials from ten to twenty-eight, for legal entities-from twenty-eight to forty size basic units.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the imposition of an administrative penalty or continuing to commit such offences, despite the formal requirement to stop them, or causing such offences, harm to life, health, environment and property Wednesday, or danger of causing such harm is punishable by a fine for individuals ranging from ten to twenty-five , officials from twenty-five to fifty, for legal entities-from 50 to 100 basic unit sizes.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 320. Violation of trade rules on markets 1. Violation of the rules of trade in the markets, including failure to comply with the order of realization of goods, performance of works and provision of services-attracts fines on individuals ranging from one to three, officials from five to eight, for legal entities-from eight to twenty dimensions base unit.
2. Organization and granting of trade places, not hosting plan on the markets or the absence of such a plan, as well as providing commercial location without the conclusion of the contract on the provision of retail space, as well as for periods exceeding the established trading rules, punishable by a fine on officials of from two to five, to legal persons-up to ten dimensions of the base unit.
3. Refusal to provide retail space in violation of the established procedure for the provision of trading places in the markets or illegally evading it-leads a fine on officials of up to three legal persons-up to ten dimensions of the base unit.
4. Deviation from reference accounting vendors or contracts for the provision of trading places, as well as incorrect or late payment records accounting vendors or contracts for the provision of trading places-punishable by a fine on officials of from two to three, for legal entities-from five to seven dimensions of the base unit.
Article 321. Violation of the order of reception of payment cards refusal of bank workers payment cards retail, catering and other services, regardless of their form of ownership, as well as natural persons engaged in entrepreneurial activities, implies a fine for individuals of up to two, on up to five officials, legal entities-from five to ten sizes of the base unit.
Article 322. Trade with hands or offer services in trespass 1. Trade or offer services on streets, squares, courtyards, entrances and other places that are not installed in accordance with the legislation of Turkmenistan, implies a warning or a fine in the amount of 0.3 to 0.5 size basic units with confiscation of items which were directly targeted administrative offence, or without it.
2. the acts provided for in paragraph 1 of this article in respect of industrial products-leads a warning or a fine of up to two sizes of the base unit with the confiscation of items which were directly targeted administrative offence, or without it.
(As amended by the Act of February 2, 2015-Statements of the Mejlis of Turkmenistan, 2015, no. 1, art. 10.) Article 323. Illegal export of products, raw materials or cattle driving vyvozi 1. Illegal export of products, raw materials and materials, as well as export and cattle transports from Turkmenistan-punishable by a fine of ten to twenty dimensions base unit with compensated confiscation of illicitly exported goods, other property or peregonâemogo cattle, or without notice.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of administrative penalty or committing them to a group of persons is punishable by a fine of fifteen to thirty sizes base unit with compensated confiscation of illicitly exported goods, other property or peregonâemogo cattle, or without notice.
Article 324. Selling or buying in the stores of bread and other food products for feeding livestock and poultry for sale or purchase in stores of bread, flour, cereals and other foods to the feeding of livestock and poultry, as well as the feeding of livestock and poultry, these products have emerged in stores, attracts fines on individuals in the amount of up to one, officials from one to two sizes of the base unit.
Article 325. Illegal vacation or purchase gasoline or other combustive-lubricating materials, Illegal or illicit acquisition of gasoline or other combustive-lubricating materials, owned by the State or public enterprises, institutions and organizations, attracts a fine of one to three sizes of the base unit.
Article 326. 1 trademark. Illegal use of someone else's trademark, service mark, registered names, as well as the appellation of origin or lack of such use of the authorized individual on-demand, as well as the disclaimer of certain caused damage-attracts fines on individuals ranging from three to five, officials from five to ten sizes of the base unit with the confiscation of goods and other items or not.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of administrative punishment-leads to a fine of five individuals, officials of the ten dimensions of the base unit with the confiscation of goods and other items or not.
Article 327. Violation of procedure for conducting transactions, Conducting trading deals with violation of their parties to order their compulsory registration at the State commodity exchange of Turkmenistan and other order established by the legislation of Turkmenistan, shall incur a fine in the amount of officials from five to ten, for legal entities-from thirty to fifty sizes base sizes.
Article 328. Advocacy for narcotic drugs, psychotropic substances, precursors and tobacco products and their illegal advertising 1. Advocacy for narcotic drugs, psychotropic substances, precursors and tobacco products, as well as their illegal advertising attracts fines on individuals ranging from two to five, officials from five to ten sizes of the base unit.
2. advertising in unspecialized press intended for medical and pharmaceutical workers, controlled in Turkmenistan, narcotic drugs, psychotropic substances and precursors, as well as the dissemination of advertising samples of medicines that contain narcotic drugs and psychotropic substances-attracts fines on individuals-five officials-ten sized base unit.
Article 329. Violation of the rights of consumers 1. Violation of the manufacturer (contractor, seller) timing correct deficiencies of goods, fulfillment services and work performance-attracted a fine for individuals of up to four, at up to eight officials, legal persons-up to ten dimensions of the base unit.
2. violation of the rights of consumers to receive adequate and accurate information about the sold goods (works, services), their capacity as manufacturer, artist and the seller, as well as the restriction of the buyer's right to quality control, ensuring the weight and cost of the purchased item, dodging trade from the explanations of the rules for safe and proper usage of product-attracts fine for individuals of up to two, on up to four officials on legal persons-up to ten dimensions of the base unit.
3. Failure to correct deficiencies, compensation for damage caused to the realization of goods (works, services), improper quality, deficiencies, as well as the violation of the order its Exchange and return-implies a fine for individuals of up to three officials of up to eight, to legal persons-up to twelve dimensions of the base unit.
4. Violation of sellers of goods, providers rules guarantee the goods (services)-attracts a fine of up to twelve dimensions of the base unit.
5. Failure to provide the technical passport or alternate document on sold goods, belonging to the Group of complex technical products, its incorrect or incomplete registration, patching the warranty obligations of the manufacturer (performer of the works and services)-punishable by a fine for individuals of up to three, up to five officials, legal persons-up to twelve dimensions of the base unit.
6. Violation of other consumer rights established by the legislation of Turkmenistan, shall incur a fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit.
7. Violation of certification bodies, control laboratories (centres) of the rules of certification of goods (services)-attracts a fine of up to ten dimensions of the base unit.
Chapter 18. Administrative offences in the area of protection of monuments of history and culture, cultural classes and publishing the article 330. Violation of the regulations for the protection and use of historical and cultural monuments protection violation and use of historical and cultural monuments, if it led to a change in their natural state or rendering harmful influence on them, attracted warning individuals or fines on individuals ranging from one to five, officials from two to eight, for legal entities-from five to ten sizes of the base unit or the administrative suspension of activity of legal persons for a period of up to three months.
Article 331. Violation of the legislation of Turkmenistan on protection, import and export from Turkmenistan it movable property culture 1. Import and export from Turkmenistan it movable property culture in violation of the rules established by the legislation of Turkmenistan, shall incur a fine for individuals of up to five, up to ten officials, legal entities-from ten to fifteen size basic units, with confiscation of the values of a culture or not.
2. Illegal ownership of movable property-culture attracts fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit.
3. Return of movable property of culture within the period established by the Treaty for the return of temporarily exported movable property culture, leads a fine for individuals of up to two, on up to five officials, legal entities-from ten to fifteen sizes base sizes.
4 giving false expert opinion the members of expert committees-attracts a fine of up to two sizes of the base unit.
Article 332. Violation of the procedure for manufacture of audio, video and film production, music, sound and other works, activities in the field of culture and art 1. Violation of the procedure for manufacture of audio, video and film production, music, sound and other works, established by the legislation of Turkmenistan, shall incur a fine for individuals of up to four officials from four to eight, for legal entities-from five to ten sizes of the base unit with the confiscation of audio, video and film production, music, sound and other works, their means of reproduction and distribution or without such , or onerous withdrawal, or without notice.
2. Violation of the rules for the conduct of activities in the field of culture and art, as well as activities related to public demonstrations and distribution of audio, video and film production, established by the legislation of Turkmenistan, shall incur a fine for individuals of up to four officials from four to eight, for legal entities-from ten to fifteen size basic units with confiscation of audio-, video-and audio materials or without it.
3. failure to comply with the requirements for quality of services and works, in the implementation of activities under the first or second parts of this article, shall incur a fine for individuals of up to two, on up to four officials, to legal persons-up to ten dimensions of the base unit.
4. Repeated committing offences under paragraphs 1-3 of this article within one year after the application of measures of administrative penalty, as well as committing them to a group of persons or minors implies a fine for individuals of up to five, up to ten officials, legal entities-from ten to twenty dimensions base unit or administrative suspension of activity of legal persons for a period of up to three months with confiscation of property which tool or the direct object of the offence, or without it.
Article 333. Violation of the order of the classes of printing and publishing activities, acquisition, implementation, use, accounting and storage of printed and multiplying devices 1. The occupation of natural and legal persons of the printing and publishing activities, as well as violation of the rules of acquisition, implementation, use, accounting and storage of printed and Duplicators, established by the legislation of Turkmenistan, shall incur a fine for individuals ranging from one to two, officials from two to four, to legal persons-from five to ten sizes of base unit with compensated confiscation of finished products, production equipment and raw materials.
2. Violation of the requirements of the restriction or prohibition of the use of reproduction equipment in the territories, which introduced the State of emergency, attracts fines on individuals ranging from two to four, officials from four to eight size basic units or administrative arrest for up to 15 days, fines for legal persons in size from ten to fifteen size basic units or administrative suspension of activities for up to three months with confiscation or without reproduction.
Chapter 19. Administrative offences, infringing on the health, honour and dignity, and the constitutional rights and freedoms of the individual Article 334. Beating beating or other violent acts causing physical pain, if they do not entail the intentional infliction of physical injury or other harm, short-term health disorder or a minor loss of general employment firm, attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 335. Negligent infliction of moderate harm to health Negligent infliction of moderate harm to health-attracts a fine of ten to thirty size basic units or administrative arrest for up to 15 days.
Article 336. Improper performance of duties for the protection of lives and health of minors, the failure or improper performance of professional responsibilities for the protection of lives and health of minors, the child or the adolescent worker agencies, which assigned such duties, as a result of negligent or abusive treatment that caused moderate harm to health of the minor, shall incur a fine in the amount from five to ten sizes of basic units or administrative arrest for up to 15 days with the limitation of the special law for up to two years.
Article 337. Libel slander, that is, dissemination of false information degrading the honour and dignity of another person, or undermine its reputation if it did not entail grave consequences, shall incur a fine in the amount from five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 338. Insult 1. Insult, i.e. the deliberate humiliation of honor and dignity of another person, expressed in a rude form, if it has not caused injury, attracts a fine of five to ten sizes of the base unit.
2. The offence referred to in paragraph 1 of this article if they have caused injury or committed in a public speech, a publicly exhibited work or media-attracts a fine of ten to twenty dimensions base unit or administrative arrest for up to 15 days.
Article 339. Violation of privacy, Illegal collection, storage or dissemination of information about private life constituting personal or family privacy of another person, without his consent-attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 340. Violation of the secrecy of correspondence, telephone conversations, postal, telegraphic or other communications Wilful violation of the confidentiality of correspondence, telephone conversations, postal, telegraphic communications of citizens, as well as other communications transmitted via the Internet, attracted a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 341. Violation of inviolability of illegal entry into a dwelling place or other violation of the inviolability of the home, committed against the will of its person-attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 342. Infringement of copyright and neighbouring rights, the rights of patent owners Attribution of copyright and related rights, as well as authorship, illegal use of patent-protected inventions, industrial designs, plant breeding achievements if it caused damage on a large scale, attracts a fine of ten to twenty dimensions base unit or administrative arrest for up to 15 days.
Article 343. Breaching the confidentiality of adoption disclosure or dissemination of confidential adoption child adoption by persons informed on the adoption of children, contrary to the will of the adoptive parent-attracts a fine of five to ten sizes of basic units or administrative arrest for up to 15 days.
Article 344. Violation of the legislation of Turkmenistan on the civil registry Concealment of circumstances, impedimental to marriage, or any false information to the public authorities of the civil registry-attracts a fine of five to twenty dimensions base unit or administrative arrest for up to 15 days.
Chapter 20. Administrative offences, infringing on public order Article 345. Disorderly conduct petty hooliganism, IE swearing in public, humiliating harassment to citizens and other actions which violate public order and tranquility of citizens is punishable by a fine of 0.2 to one size basic units or administrative arrest for up to 15 days.
Article 346. Production, storage, distribution of material containing incitement to pogroms and forced eviction of citizens, as well as a threat to public order and safety, promoting extremism and terrorism or aimed at creating panic among the population, spreading rumors and false allegations, as well as the violation of the order of simultaneous mass stay or movement of people in public places 1. Manufacture or possession with intent to distribute, as well as the dissemination of oral, handwritten, printed, video sound forms of materials containing calls for pogroms and forced eviction of citizens, as well as a threat to public order or the security of the people, advocating a manifestation of extremism and terrorism or aimed at creating panic among the population, is punishable by a fine of two to seven size basic units or administrative detention for up to 10 days with the confiscation of these materials and other items as well as with confiscation of means of production and distribution, or without such.
2. the dissemination of rumours and false fabrications for the purposes specified in paragraph 1 of this article, shall incur a fine in the amount of up to seven size basic units or administrative detention for up to 10 days.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty or a group of persons, as well as the prosecution of these offences by minors is punishable by a fine of seven to fifteen size basic units or administrative arrest for up to 15 days with the confiscation of these materials and other items, as well as with confiscation of means of production and distribution, or without such.
4. Organization of simultaneous natural mass stay or movement of people in public places without complying with the order of holding mass events in these places, or participation in, public calls for the Organization and conduct of such activities, if they led to the formation of disturbances (including using loudspeakers) in public places, creation of obstacles to the proper functioning of the communications and other vital infrastructure, access , creating interference with the movement of pedestrians or vehicles or other violations of public order, implies a fine for individuals ranging from one to two, officials from two to four, to legal persons from ten to fifteen sizes base sizes.
5. Repeated committing offences under the fourth part of this article within one year after the application of measures of administrative penalty problems, as well as causing harm to human health or material damage, attracts fines on individuals ranging from two to four, officials from four to eight size basic units or administrative arrest for up to 15 days, fine for legal entities of from twenty to thirty size basic units or administrative suspension of activities for a period of up to one of the month.
Article 347. Violation of public order in the territories, which introduced the State of Emergency Act, violating public order and tranquility of citizens or provoke a breach of the rule of law, as well as the dissemination of provocative rumours in the territories, which introduced the State of emergency, attracts a fine of from four to eight size basic units or administrative arrest for up to thirty days.
Article 348. Violation of the legal regime of the anti-terrorist special operation or another 1. Disobeying police, other law enforcement and military authorities or the military, relevant to their competence on compliance measures and time limits established in the field and at sites where anti-terrorist legal regime introduced a special operations-attracts a fine of one to two sizes of base unit or administrative detention for up to 10 days.
2. unauthorized penetration or attempted penetration in places or objects, in which legal regime introduced a special anti-terrorist operations, as well as to obstruct the conduct of a special anti-terrorism operation, attracted a fine of two to five size basic units or administrative arrest for up to 15 days.
3. Breach of lighting a special anti-terrorism operation established by the legislation of Turkmenistan, the media engaged in television, radio, Internet, and communications or producing or distributing publications-leads a fine on officials of from five to ten, for legal entities-from ten to twenty dimensions base unit or administrative suspension of activity of legal persons for a period of up to three months.
Article 3481. Justification of terrorism a public justification of terrorism and other terrorist activities, as well as promotion of nationalistic ideas-
punishable by a fine of from two to five size basic units or administrative detention for up to seven days.
(Code a new article from the Turkmenistan law 3481 August 18, 2015 g).
Article 349. Violation of rules of work with explosives, radioactive and other environmentally hazardous substances in violation of the rules for the manufacture, storage, disposal, destruction, use, transportation of explosives, Fireworks, radioactive, bacteriological, chemical and other environmentally hazardous substances and waste, or rules of conduct with them other works entail fines on individuals ranging from two to five, officials from five to ten, for legal entities-from ten to fifteen size basic units or administrative suspension of activity of legal persons for a period of up to three months.
Article 350. Violation of the established procedure for the firing of firearms violations of firearms, i.e. shooting from civilian and other weapons in populated areas as well as in places not specifically set aside for firing, or in places specially designated for firing without due process-attracts a fine of 0.3 to one the size of a base unit with compensated confiscation of weapons and ammunition to it or not.
Article 351. Violation of the silence 1. Violation of the silence in the night time (from 23 to 7:00 am), i.e., loud singing, playing musical instruments, sound signals, use of televisions, radios, tape recorders and other reproducing noise equipment installed on increased volume, for various events and festivals, as well as in flats, hallways and courtyards of apartment houses, on the streets, recreational areas and other public places in residential areas and outside them accompanied by noise works not caused by the urgent need, as well as other similar acts which violate normal rest and tranquility of citizens is punishable by a fine of five to ten sizes of the base unit.
2. the offences provided for in the first paragraph of this article, adolescents aged Fourteen to sixteen years-leads to fine parents or persons in loco parentis, ranging from three to eight dimensions of the base unit.
Article 352. Purchase spirits home develop the acquisition of moonshine, vine and vodka tutovoj, Braga and other spirits home develop-attracts a fine of up to two sizes of 0.5 basic units.
Article 353. Manufacture or possession without a purpose of selling spirits home develop manufacture or possession without purpose grape moonshine sales and tutovoj vodka, Braga or other spirits, as well as home for their develop-attracts a fine of two to four sizes of the base unit.
Article 354. Drinking alcohol in the workplace 1. Drinking alcohol in the workplace (workplace, indoors and on the territory of enterprises, institutions, organizations) or stay at work drunk-attracts a fine of up to 0.5 size basic units.
2. participation of masters, supervisors, shifts, and other leaders in drinking with subordinates them employees of spirits at work or their failure to take measures to remove the work of persons in a State of intoxication or concealment of cases of drinking alcoholic beverages or at work intoxicated subjects them to employees-attracts a fine of up to the same size of the base unit.
Article 355. Drinking alcohol in public places or at public places to be drunk 1. Drinking alcohol on the streets, in stadiums, squares, parks, in all forms of public transport and in other public places (except for trade and catering enterprises, where the sale of alcoholic drinks in bottling is permitted in accordance with the established procedure) or in public places to be drunk, abuse of human dignity and public morals, "implies a warning or a fine in the amount of 0.5 to one the size of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of one to two sizes of the base unit.
3. Repeated committing the offences provided for in the first paragraph of this article, a person who, within one year, twice subjected to the administrative collection for drinking alcohol in public places or at public places to be drunk, attracts a fine of two to four size basic units or administrative arrest for up to 15 days.
4. the appearance in public places to be drunk young persons under sixteen years of age, as well as drinking their liquor in such places, punishable by a fine on parents or persons in loco parentis, ranging from 0.5 to one the size of the base unit.
3551. The establishment or maintenance of dens of the establishment or maintenance of dens of drinking alcoholic beverages, as well as the constant provision of premises for those purposes-
shall incur a fine in the amount from ten to fifteen size basic units or administrative arrest for up to 15 days.
(The code is supplemented by article 3551 Turkmenistan law dated November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) 356. Involvement of a minor in the Commission of antisocial acts 1. The involvement of a person under the age of 18 years, minor in systematic drinking alcohol, illegal use of intoxicants, engaging in vagrancy and begging-attracts a fine of ten to fifteen size basic units or administrative arrest for up to 15 days.
2. Reducing a minor to a State of intoxication-attracts a fine of ten to fifteen sizes base sizes.
(As amended by the Act of November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) Article 357. Violation of rules of the game in 1 gambling. Gambling (maps, "thimble" and others) for money, clothes and other valuables, as well as adoption rates of individuals in sports and other competitions-leads a warning or a fine of up to one size basic units with confiscation of gaming supplies, and money, things and other values that rate in the game, or without it.
2. Organization of gambling in violation of the rules established by the legislation of Turkmenistan, shall incur a fine in the amount from two to seven size basic units with confiscation of gaming supplies, and money, things and other valuables that were bet in the game or not.
Article 358. The failure of the parents or persons in loco parentis, responsibilities for the upbringing and education of children 1. Persistent failure of parents or persons in loco parentis, responsibilities for the upbringing and education of minor children, as well as committing minor offences, except as provided by paragraph 2, Article 351, part of the fourth article 355, part 3 of article 368 of the present code and the second and third parts of this article, as well as their refusal to Unexcused absences from the turnout at the meeting of the Commission for minors at the invitation of the Commission entail a warning or the imposition of a fine on parents or persons in their stead, of up to 0.5 size basic units.
2. Use of narcotic drugs without a doctor's prescription teenagers under the age of sixteen years shall incur a warning or the imposition of a fine on the parents or persons in loco parentis, ranging from 0.2 to 0.5 size basic units.
3. Disorderly conduct or hooliganism committed by adolescents aged Fourteen to sixteen years, implies a warning or the imposition of a fine on the parents or persons in loco parentis, ranging from 0.2 to one the size of the base unit.
Article 359. Wilful refusal to assist parents or persons in loco parentis Wilful evasion of assistance or care for parents or persons in loco parentis, be in need of assistance and care, major capable children or adopted-attracts a fine of two to five sizes of the base unit.
Article 360. Prostitution prostitution attracts a fine of ten to twenty dimensions base unit.
attracts a fine of ten to twenty dimensions base unit or public works for a period of thirty-six to sixty hours.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, part II, art. 162) article 361. Sexual intercourse with a person engaged in prostitution, sexual intercourse with a person in prostitution, with a payment of remuneration-attracts a fine of five to ten sizes of the base unit or public works for a period of twenty-four to thirty-six hours.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) 21. Administrative offences, infringing on the management of Article 362. Illegal actions in relation to the State awards of Turkmenistan illegal actions in relation to the order, medals and the rank of honorable character breast Turkmenistan, i.e. their possession, unlawful possession of a person not authorized for that law, as well as the creation and production of breast and other characters that share similarities with them on appearance, signing with them civil legal transactions (donations and more)-lead to a warning or a fine of up to two sizes of the base unit.
Article 363. Violation of procedure for manufacture, use, storage and destruction of forms, stamps and other media with the image of the State emblem of Turkmenistan without complying the legislation of Turkmenistan on the order of manufacture, use, storage and destruction of forms, seals and other media with the image of the State emblem of Turkmenistan shall incur a fine of up to the same size of the base unit.
Article 364. Obstruction of the lawful activities of State authorities and other bodies and their officials;
1. Obstruction of the lawful activity of State bodies, local government bodies, public associations and other organizations-attracts a fine of five to ten sizes of the base unit.
2. the acts provided for in paragraph 1 of this article, with the use of violence or threat of violence-attracts a fine of ten to twenty dimensions base unit or administrative arrest for up to 15 days.
3. Dignity of public officials or public servants performing duties, that is, the apparent humiliation of their honour or impairing their dignity or intentional implementation of other actions, their identity, uničižaûŝih-attracts a fine of one to two sizes of the base unit.
4. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of two to five sizes of the base unit.
5. Knowingly false accusation of a person to replace the public office of Presidency of the job responsibilities of acts of extremism and are crimes, "attracts a fine of five to ten sizes of the base unit.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 365. Obstruction of lawful activities with State oversight or audit action or illegal interference in their activity 1. Obstruction of officials of public authorities exercising supervision or control and audit functions in the performance of their duties deriving from their competence, that is, the refusal to communicate the necessary documents, materials, information on the activities of admission for audit, inspection, inventory and other actions stipulated by the legislation of Turkmenistan, or creating other obstacles to their implementation, or submission of incorrect information, as well as illegal interference in their activity entail a warning or the imposition of fines on individuals ranging from 0.5 to 3 , officials from two to five sizes of the base unit.
2. Failure to comply with legitimate requests within the prescribed time-limits, guidelines, opinions and orders of public authorities exercising supervision or control and audit functions, or their respective officers in connection with the performance of their duties-attracts fines on individuals ranging from two to five, officials from five to ten sizes of the base unit.
3. Acts provided for in paragraph 1 of this article, if they are associated with resistance, as well as committed to conceal offences or other illegal purposes, attracts fines on individuals ranging from three to five, officials from five to ten sizes of the base unit.
Article 366. Violation of the rules of the Organization and conducting educational activities 1. Violation of the requirements for the conduct of activities in the field of education, established by the legislation of Turkmenistan, including the rules of rendering of paid education services-attracts fines on individuals ranging from two to five, officials from five to ten sizes of the base unit.
2. Failure to implement educational programmes in full in accordance with the curricula and the schedule of the educational process or unlawful evasion of issuance of the document of the State standard of education or professional level-leads a fine on officials of from two to five sizes of the base unit.
3. Violation of the procedure of admission in educational institutions, established by the legislation of Turkmenistan in the sphere of education, leads a fine on officials of from five to ten sizes of the base unit.
Article 367. Wearing uniforms with symbols and insignia of military and law enforcement a person without the corresponding right Wearing uniforms with symbols and insignia of military and law enforcement a person without the corresponding right, leads a fine in the amount of 0.2 to 0.5 size basic units.
Article 368. False calls to special services 1. False calls to the fire service of the internal affairs authorities, police, ambulances and other special services is punishable by a fine of up to the same size of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty or during disaster recovery, fires, natural disasters-attracts a fine of two to four sizes of the base unit.
3. Acts provided for in paragraphs 1 and 2 of this article, adolescents aged Fourteen to sixteen years-attracts fines for parents of adolescents or persons acting in their stead, of up to two sizes of the base unit.
Article 369. Infringement of the rules on certification of the population and the passport regime 1. Violation of the rules of registration and the issuance of a passport of a citizen of Turkmenistan, as well as the order of registration and discharge, established by the legislation of Turkmenistan, shall incur a fine on officials of up to the same size of the base unit.
2. submission of false information to obtain a passport of a citizen of Turkmenistan or other identity documents or citizenship,
attracts a fine of one to two sizes of the base unit.
3. Accommodation without a passport or a passport, as well as invalid without registration or the registration of the citizen of Turkmenistan, the age set by the legislation of Turkmenistan and has the right to obtain a passport, leads a warning or a fine of up to 0.5 size basic units.
4. Repeated committing offences under paragraphs 1-3 of this article within one year after the application of measures of administrative penalty-implies a fine for individuals of up to one, officials of the two dimensions of the base unit.
Article 370. Wilful adulteration of passport or loss his negligence wilful adulteration of a passport of a citizen of Turkmenistan, as well as negligent storage of passports, povlëkšee its loss, lead to a warning or a fine of up to the same size of the base unit.
Article 371. Accommodation without a passport or residence permit without 1. Admission for permanent residence of persons without passports, as well as without passport or residence without registration, housing and operational and other juridical and physical persons in the conduct of residential houses or apartments, attracts a warning or a fine of up to 0.5 size basic units.
2. Intentionally provided for in paragraph 1 of this article, the persons responsible for compliance with the rules of the passport regime, leads a fine up to one size of the base unit.
Article 372. Unlawful withholding of passports, or engage in illegal transactions 1. The seizure of the passport of a citizen of Turkmenistan citizens without justification, provided for by the legislation of Turkmenistan, or engage in illegal civil-legal transactions with him (and others)-leads a warning or a fine of up to 0.5 size basic units.
2. the acts provided for in paragraph 1 of this article, the responsible officials or leads a warning or a fine of up to the same size of the base unit.
Article 373. Violation or failure to comply with fire safety regulations 1. Violation or failure to comply with fire safety regulations at enterprises, institutions, organizations, voluntary associations and associations of Daihan, public areas, storage rooms, hostels, residential homes, including overlapping transitions, roads, entrances to buildings, objects and buildings, brings about a warning or a fine for individuals of up to three officials-to five dimensions of the base unit.
2. Failure to comply with fire protection requirements of the project and design standards for the design and construction, as well as reconstruction and re-equipment of facilities, violation of the rules of use and maintenance of fire-fighting equipment, machinery, automatic detection and suppression of fires, commissioning, which ended with incomplete fire activities, lead to a warning or a fine for individuals of up to four, officials and seven dimensions of the base unit.
3. Violation of fire safety regulations modal nature (smoking and open fires in the fire field, use of electrical and gas appliances artisanal manufacture, violation of the rules regarding the use of electrical and gas appliances, construction or dense overlap rescue exits, careless content of internal fire-fighting water supply, provision of incomplete primary fire means implementation of fire works without permission and others)-leads a warning or a fine of up to three sizes of the base unit.
4. Repeated committing offences under paragraphs 1-3 of this article within one year after the application of measures of administrative penalty-implies a fine for individuals of up to five, officials-to ten sizes of the base unit.
5. Violation of fire safety regulations, if this resulted in damage to or destruction of property, as well as damage to human health, leads a fine for individuals of up to five, officials-to ten sizes of the base unit.
Article 374. Failure to guard facilities subject to mandatory State protection 1. Failure to provide the heads of enterprises, institutions, organizations, protection of objects, which are subject to mandatory State protection provided for by the legislation of Turkmenistan, including administrative and other buildings, brings about a warning or a fine up to three sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of up to five sizes of the base unit.
Article 375. Violation of the procedure for the acquisition, possession and carrying of civil weapons and ammunition to it
1. Violation of the rules of acquisition, possession and carrying of civil weapons and ammunition to it, i.e. buying, storing and wearing without the permission of the authorized government bodies or delays in registration of civilian weapons or the rules in accounting when changing the place of residence, as well as the illegal transportation, collectables, demo, transfer to another person, sale or disposal otherwise of civil weapons and ammunition to it-brings about a warning or a fine in the amount of 0.5 to one the size of a base unit with compensated removal of civil weapons and ammunition to it or not.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of one to two sizes of base unit with compensated confiscation of civil weapons and ammunition to it or not.
Article 376. Infringement of regulations concerning the storage or transportation of civil weapons and ammunition to it 1. Infringement of regulations concerning the storage or transportation of civil weapons and ammunition to it by individuals, having the permission of the authorized government bodies, brings about a warning or a fine in the amount of 0.5 to one basic unit size or compensatory exemption of civil weapons and ammunition to it.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of one to two sizes of base unit with compensated confiscation of civil weapons and ammunition to it.
3. Violation of the rules for the storage and transport of civilian and service weapons of government officials responsible for their safety and the safety of their ammunition, and other entities who are permitted to carrying, storage and use of civilian and service weapons in the manner prescribed by the legislation of Turkmenistan, as well as their use of weapons and ammunition to it for purposes other than they focus on their purpose , is punishable by a fine of one to two sizes of the base unit.
4. Repeated committing the offences provided for in part three of this article within one year after the application of measures of administrative penalty-attracts a fine of two to five sizes of the base unit.
Article 377. Evading the implementation of civil weapons and ammunition to him evading the implementation of civil weapons and ammunition or their exclusion in some form because of the cancellation of the permission of the authorized State body in connection with the loss of reason to acquire civilian weapons, established by the legislation of Turkmenistan, shall incur a fine in the amount of 0.5 to one the size of a base unit with compensated confiscation of civil weapons and ammunition to it.
Article 378. Willful disobedience to a lawful direction or request of the internal affairs authorities, military personnel or other persons performing official and public responsibilities 1. Willful disobedience to a lawful direction or request of employees of internal affairs bodies performing the duty, as well as military personnel and other persons performing official and public duty to protect public order and the fight against crime, as well as wilful obstruction of their legitimate actions-punishable by a fine of up to one size of 0.5 basic units or public works for a period of twelve to twenty-four hours.
2. the acts provided for in paragraph 1 of this article, in territories in which a State of emergency is introduced, attracts a fine of up to five size basic units or administrative arrest for up to 15 days.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 379. Violation of the rules of administrative supervision 1. Violation of the rules of administrative supervision established in accordance with the legislation of Turkmenistan, shall incur a fine of up to the same size of the base unit.
2. the acts provided for in paragraph 1 of this article, in territories in which a State of emergency is introduced, attracts a fine of up to five size basic units or administrative arrest for up to 15 days.
Article 380. Violation of specific rules for entry, exit and residence in the territories, which introduced the emergency regime violation of specific rules of entry and exit in the territories, which introduced the State of emergency, as well as the perpetration of these acts by persons who are prohibited from leaving a certain area of their flats (houses), as well as stay of citizens during curfew without specially issued passes and identity papers on the streets in other public places or away from their homes-attracts a fine of up to eight dimensions base unit or administrative arrest for up to 15 days.
Article 381. Deliberate defacing a passport of a citizen of Turkmenistan for departing from Turkmenistan and arriving in Turkmenistan, a residence permit in Turkmenistan, the identity of a stateless person, the identity of a refugee travel document to a stateless person or a refugee travel document their loss by negligence wilful adulteration of a passport of a citizen of Turkmenistan for departing from Turkmenistan and arriving in Turkmenistan, a residence permit in Turkmenistan, the identity of a stateless person, refugee identity , a travel document to a stateless person or a refugee travel document loss of their negligent homicide-brings about a warning or a fine of up to four dimensions of the base unit.
Article 382. Violation of the law of Turkmenistan "on migration" violation of foreign citizens and stateless persons in Turkmenistan legislation on migration, i.e. committing acts contrary to the interests of national security or public order, as well as in cases when it is necessary for the protection of public health or morals, for the protection of the rights and legitimate interests of citizens and other persons, or flagrant or repeated violations of the legislation of Turkmenistan does not only have administrative expulsion from Turkmenistan with a temporary restriction of entry into Turkmenistan for up to five years.
Note administrative punishment provided for under the sanction of this article may be applied as an additional type of administrative penalty in cases where the acts (Act or omission), provided for in articles 78, 82-86, 337-338, 346-349, 351, 353-356 and 360-361 of the present Code, administrative offences provided for in this article.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 383. Violation of the order arriving in Turkmenistan, stay in and departure from the United Kingdom, as well as in transit through the territory of Turkmenistan 1. Violation of foreign citizens and persons without citizenship order stay in Turkmenistan, i.e.: 1) accommodation without documents on the right of residence in Turkmenistan or stay without a visa (after the expiry of the visa, residence permit or refusal to extend a visa, residence permit, reducing the length of their stay in the country and the cancellation of a visa, a residence permit), as well as accommodation for invalid documents;
2) failure in the prescribed manner before the expiration of the visa or residence permit a renewal of their term;
3) the illegal employment;
4) failure of the established order of movement, choice of residence or stay;
5) refusal to leave the country after the time defined based on the right to stay in Turkmenistan;
6) violation of the established procedure for registration, renewal of registration;
7) failure to report a change of address of the place of work, place of residence (stay), the surname, name, marital status, family composition, for replacement of identity documents, as well as the failure of a stateless person on receiving his citizenship of another State;
8) mismatch the purpose of entry into Turkmenistan activities carried out during the stay in Turkmenistan, punishable by a fine of from eight to sixteen size basic units or administrative expulsion from Turkmenistan with a temporary restriction of entry into Turkmenistan for up to five years.
2. non-compliance by foreign citizens and stateless persons order entry into Turkmenistan, leave and transit through the territory of Turkmenistan shall incur a fine in the amount from eight to sixteen size basic units or administrative expulsion from Turkmenistan with a temporary restriction of entry into Turkmenistan for up to five years.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty-attracts a fine of from sixteen to thirty-two size basic units or administrative expulsion from Turkmenistan with a temporary restriction of entry into Turkmenistan for up to five years.
Article 384. Violation of the order arriving in Turkmenistan, stay in and departure from the United Kingdom, as well as in transit through the territory of Turkmenistan of foreign nationals and stateless persons enterprises, institutions, organizations, and persons carrying out business activity without establishment of legal entity, their host 1 in Turkmenistan. Violation of the law of Turkmenistan "on migration", as well as failure to perform duties related to order entry to Turkmenistan, stay in and departure from the United Kingdom, as well as in transit through the territory of Turkmenistan of foreign nationals and stateless persons enterprises, institutions, organizations, and persons carrying out business activity without establishment of legal entity hosting foreign citizens and stateless persons and providing them with services in Turkmenistan then there are:
1) failure of the established procedure for registration and renewal of visas, residence permits, work permits and other documents, registration, renewal of registration, registration of documents on the right of movement, change of residence (stay), the place of work;
2) failure or delay in reporting the change of address of their place of work or place of residence (stay);
3) violation of the established procedure for withdrawing from accounting on expiration grantors stay in Turkmenistan;
4) failure on execution of documents related to the exit from Turkmenistan, punishable by a fine in the amount of officials from eight to sixteen, for legal entities-from sixteen to thirty-two sizes of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-entail the imposition of a fine on officials of from sixteen to thirty two legal entities-from thirty-two to sixty-four sizes of the base unit.
3. failure to submit or late submission of the request of the organs of the State migration service of Turkmenistan documents and information with respect to foreign nationals and stateless persons-entail the imposition of a fine on officials of from eight to sixteen, for legal entities-from sixteen to thirty-two sizes of the base unit.
(As amended by the law of Turkmenistan on August 18, 2015)
Article 385. Violation of the order arriving in Turkmenistan, stay in and departure from the foreign citizens and stateless persons, their host on private business in Turkmenistan 1. Violation of the law of Turkmenistan "on migration", as well as failure to perform duties related to order entry to Turkmenistan, stay in and departure from the foreign citizens and persons without citizenship of individuals receiving on private business in Turkmenistan of foreign nationals and stateless persons, i.e.: 1) failure to timely registration, visa extension and duration of registration registration of work permits as well as to ensure their departure from Turkmenistan on the expiration of certain grounds for the right to stay in Turkmenistan;
2) violation of the established rules providing premises, means of transport or the provision of other services;
3) failure or delay in reporting the change of address of their place of residence (stay)-attracts a fine of from four to eight dimensions of the base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of from eight to sixteen dimensions of the base unit.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 386. Failure to Captain a foreign vessel for gathering persons ashore crew Return to checkpoint the captain a foreign vessel passes on the right vanishing persons ashore crew and their stay on the territory of the port and the port city during the ship in the port of Turkmenistan-attracts a fine of up to the same size of the base unit.
Article 387. Violation of rules for carriers crossing the State border of Turkmenistan 1. Delivery on the territory of Turkmenistan of foreign citizens, persons without citizenship, in violation of the established procedure for the entry into the territory of Turkmenistan without authorization on the right of entry to Turkmenistan-attracts fines on individuals ranging from eight to sixteen, officials from sixteen to thirty two legal entities-from thirty-two to sixty-four sizes of the base unit.
2. The failure of transportation or an organization carrying out international transportation, its responsibilities measures to prevent the unlawful entry of persons on a vehicle and using it for illegal entry into Turkmenistan or illegal departure from Turkmenistan, povlëkšee illegal crossing or attempting to illegally cross the State border of Turkmenistan, one or more intruders, leads a fine on officials of from sixteen to thirty two on legal entities-from thirty-two to sixty-four sizes of the base unit.
3. The failure of the physical persons engaged in international carriage falling within their responsibilities measures to prevent the unlawful entry of persons on a vehicle and using it for illegal entry into Turkmenistan or illegal departure from Turkmenistan, povlëkšee illegal crossing or attempting to illegally cross the State border of Turkmenistan, one or more intruders, attracts a fine of thirty-two to six ten four dimensions of the base unit.
Article 388. Violation of the rules of entry in the border zone or stay at her breaking the rules of entry in the border zone, as well as the rules of their stay or residence permit it-leads with a warning or a fine in the amount of 0.2 to 0.5 size basic units.
Article 389. Violation of the order and the rules of crossing the State border of Turkmenistan, established to ensure the border regime in the strip of border control, in the border zone and at crossing points on the State border of Turkmenistan 1. Violation of the order and the rules of crossing the State border of Turkmenistan, established to ensure the border regime in the strip of border control, in the border zone and at crossing points on the State border of Turkmenistan, shall incur a fine in the amount of one base unit size.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of three to five sizes of the base unit.
Article 390. The illegal movement of goods or means of transport across the customs border of Turkmenistan 1. Importation of goods or means of transport to the customs territory of Turkmenistan by smuggling in addition to border crossing points of Turkmenistan or other established places of arrival or beyond the customs control or outside the working hours of customs authorities, as well as acts aimed directly at the actual crossing of the customs border of Turkmenistan of goods or means of transport at the time of their departure from the customs territory of Turkmenistan by the Commission of such offences or without authorization of the customs authority -attracts fine for individuals of up to five, up to ten officials, legal entities-from ten to twenty dimensions base unit.
2. Concealment of goods from customs control by use of caches or other methods to hampering discovery of goods, either by giving one kind of goods other goods while moving them through the customs border of Turkmenistan-implies a fine for individuals of up to five, and fifteen officials, legal entities-from ten to twenty dimensions base unit with or without the confiscation of goods.
3. presentation to a customs body of inaccurate information on the number of packages, their marks, name, weight or volume of the goods upon their arrival on the customs territory of Turkmenistan or when departure from the customs territory of Turkmenistan, goods or vehicles, or to obtain a permit for internal customs transit or for its completion, and also when goods in temporary storage by submitting invalid documents, as well as the use for these purposes of fraudulent identification or a genuine means of identification relative to other goods or vehicles, leads a fine for individuals of up to five, officials-to ten, to legal persons-up to twenty dimensions base unit.
Note for the purposes of applying articles 390-391, 394 and 405 of the present Code, invalid documents refers to forged documents, documents obtained illegally, documents containing inaccurate information, documents relating to other goods or means of transport and other documents are not legally binding.
Article 391. Non-declaration or false declaration of goods or means of transport 1. Non-declaration in the prescribed form (oral, written or electronic) goods or means of transport, to be declared, leads a fine for individuals of up to one, on up to five officials, legal entities-from five to ten sizes of the base unit.
2. Statement by the declarant or customs broker (agent) upon declaration of goods or means of transport of inaccurate information on the goods or means of transport, if the information formed the basis for exemption from customs duties, taxes or for understating their size, attracted a fine for individuals of up to three officials of up to eight, to legal persons-up to fifteen sizes base sizes.
3. Statement by the declarant or customs broker (agent) upon declaration of goods or means of transport of inaccurate information about goods or vehicles, as well as the presentation of invalid documents, if the information and documents could give rise to non-application of prohibitions or restrictions laid down by the legislation of Turkmenistan, shall incur a fine for individuals of up to five, officials-to ten, to legal persons-up to twenty dimensions base unit.
Article 392. Non-observance of prohibitions and restrictions on the movement of goods across the customs border of Turkmenistan, non-compliance with the legislation of Turkmenistan, prohibitions and restrictions on the movement of goods across the customs border of Turkmenistan, except as provided by paragraph 3 of article 391 of the present Code, implies a fine for individuals of up to five, up to eight officials, legal persons-up to fifteen sizes base sizes.
Article 393. Failure to take action in the event of an accident or force majeure
1. The failure by the carrier measures on preservation of goods and means of transport in cases where delivery of the goods from the place of the actual crossing of the customs border of Turkmenistan in arrival is interrupted, or if the law of the Sea (River), the aircraft makes an emergency stop or landing in the customs territory of Turkmenistan due to accident, force majeure or other circumstances preventing delivery of goods, implementation of stop or landing in designated locations as well as failing to report to the nearest customs body about these circumstances, about the location of the goods or neperemeŝenie goods to the nearest customs body or otherwise specified by the customs body or failure to ensure their transportation leads a fine for individuals of up to seven, officials-to ten, to legal persons-up to twenty dimensions base unit.
2. the offences provided for in the first paragraph of this article with respect to the carriage of goods in accordance with the domestic Customs transit or customs Customs transit regime in cases of accident or force majeure or other circumstances entail fines for individuals of up to three, up to five officials, legal persons-up to ten dimensions of the base unit.
Article 394. The presentation of invalid documents for customs clearance of the submission by the declarant or customs broker (agent) or an individual documents for submission to the Customs authorities when the customs clearance of goods or means of transport, povlëkšee for a message to the customs authority a customs broker (agent) or by another person false information about goods or vehicles, leads a fine for individuals of up to five, officials-to ten on legal persons-up to fifteen sizes base sizes.
Article 395. Mooring to under customs control vessel or other floating means, as well as violation of customs control zone 1. Mooring to under customs control vessel or other floating means, unless such berthing permitted, leads a fine for individuals of up to five, officials-to seven, to legal persons-up to twenty dimensions base unit.
2. Movement of goods or vehicles or persons, including government officials, except for customs officials, through the border customs control zone or its limits or the implementation of a manufacturing or other commercial activity without the permission of a customs body, if such authorization is necessary,-has attracted fine for individuals of up to one, on up to three officials, legal persons-up to five sizes of the base unit.
Article 396. Failure, the issuance of (transfer) without the permission of a customs body or loss of goods or documents 1. Undelivered goods transported in accordance with the domestic Customs transit or placed under customs regime of Customs transit, to the place of delivery, as well as the issuance of (transfer) without the permission of a customs body or loss of goods in temporary store status, placed under customs regime of Customs transit or stored in a customs warehouse or in a free warehouse, leads a fine for individuals of up to eight, officials-to twenty on legal persons-up to forty size basic units.
2. Undelivered documents for goods carried in accordance with the domestic Customs transit or placed under customs regime of Customs transit, to the place of delivery-leads a fine for individuals of up to three, up to five officials, legal persons-up to ten dimensions of the base unit.
Article 397. Failure to comply with the order of internal customs transit or customs Customs transit regime established by the customs body of carrier failure to comply with the term internal customs transit or customs Customs transit regime or certain customs authority route of transportation of goods, as well as the delivery of goods to the customs control zone other than certain customs body as place of delivery, punishable by a fine for individuals of up to three to five officials on legal persons-up to ten dimensions of the base unit.
Article 398. Violation of the procedure for the application of means of identification destruction, damage, removal, modification, replacement or loss of means of identification used by Customs authorities of Turkmenistan, without permission of a customs body, leads a fine for individuals of up to five, officials-to ten, to legal persons-up to fifteen sizes base sizes.
Article 399. The delays in filing a customs declaration or for the submission of documents and information 1. Failure to comply with the deadlines for filing complete customs declaration when periodic temporary Declaration-implies a fine on officials of up to ten, to legal persons-up to twenty dimensions base unit.
2. submission of the customs declaration barred in cases where Declaration is carried out after the actual exportation of the goods,
entail the imposition of a fine on officials of up to five, to legal persons-up to ten dimensions of the base unit.
3. Failure to file within the prescribed period the documents confirming the information declared in the customs declaration, if such documents have not been submitted simultaneously to the customs declaration, or missing information in the event of incomplete customs declaration or documents, the requested customs authority when conducting customs control in order to verify the reliability of the data declared in the Customs Declaration and other customs documents-entail the imposition of a fine on officials of up to seven on legal persons-up to fifteen sizes base sizes.
Article 400. Conduct of cargo and other operations without the permission of a customs body 1. Unloading, loading, overloading and other cargo operations, acceptance for transport under customs control of goods, taking samples and specimens of such goods or autopsy rooms or other places where there might be these goods without authorization of the customs authority in cases where such authorization is necessary, is punishable by a fine for individuals of up to one, on up to five officials, legal persons-up to ten dimensions of the base unit.
2. unloading of goods whose import was in Turkmenistan is prohibited in accordance with the legislation of Turkmenistan, shall incur a fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit.
3. Notification of customs authority about overloading of goods under customs control, in cases where such notification is necessary,-has attracted fine for individuals of up to three officials-to seven, to legal persons-up to ten dimensions of the base unit.
Article 401. Violation of the procedure for placing goods in storage, storage or transactions with them in violation of the terms and conditions of placement of goods in the customs warehouse, temporary storage warehouse, free warehouse or warehouse of consignee or their storage conditions, as well as committing to them or with goods are in temporary storage, operations which change the State of the goods or their packaging or modified violation imposed means of identification without the authorization of the customs authority in cases where such authorization is necessary,-has attracted fine for individuals of up to five, officials-to ten, to legal persons-up to fifteen sizes base sizes.
Article 402. The failure to provide statements to the customs body Failure within the prescribed period to the Customs authorities reporting in cases, stipulated by the customs legislation of Turkmenistan, as well as the presentation of statements containing inaccurate information, leads a fine for individuals of up to two, on up to five officials, legal persons-up to ten dimensions of the base unit.
Article 403. Violation of the terms of temporary storage of goods violation of terms of temporary storage of goods-implies a fine for individuals of up to five, officials-to ten, to legal persons-up to fifteen sizes base sizes.
Article 404. Failure or failure to reverse the entry of goods and means of transport Failure from the customs territory of Turkmenistan individuals temporarily imported goods and means of transport within the deadlines or failure to reverse the temporary importation importation to the customs territory of Turkmenistan temporarily exported goods to be in accordance with the legislation of Turkmenistan reverse the mandatory importation, attracts a fine of five to ten sizes of the base unit.
Article 405. Failure to comply with the conditions and requirements of the customs regime 1. Failure to comply with the conditions of placement of goods or means of transport under customs regime, which provides for the full or partial release from payment of customs duties, taxes, or refund policies or enforce any prohibitions or restrictions of economic character, established by the legislation of Turkmenistan, by declaration upon declaration of false information about goods or vehicles, as well as by the presentation of invalid documents, if the information and documents could serve as a basis for placement of goods or means of transport under customs regime of specified -attracts fine for individuals of up to five, officials-to ten, to legal persons-up to twenty dimensions base unit.
2. the use or disposal of goods or means of transport, in violation of the customs procedure under which they are placed, including the transfer of right to use customs regime by passing in relation to the goods or means of transport rights of possession, use, or disposition, if permitted in accordance with customs regulations, to another person without permission or written notice by you of a customs body, leads a fine for individuals of up to five on up to ten officials, legal persons-up to twenty dimensions base unit.
3. Completion of a customs regime within the prescribed time-limits, in respect of which the requirement on its completion,
leads fine for individuals of up to three, up to five officials, legal persons-up to ten dimensions of the base unit.
Article 406. Illegal use or disposal of goods conditionally issued or the unlawful use of arrested goods 1. Use, transfer or possession or disposal by other means of conditionally released goods in respect of which enjoy privileges on payment of customs duties and taxes in accordance with the legislation of Turkmenistan, or merchandise issued without submitting information and documents confirming compliance with the restrictions, in violation of the established prohibitions or restrictions is punishable by a fine for individuals of up to eight, officials-to fifteen on legal persons-up to twenty dimensions base unit.
2. use of the goods, the Customs seized control, without the permission of a customs body, leads a fine for individuals of up to ten, and fifteen officials, legal persons-up to twenty dimensions base unit.
Article 407. Violation of the terms of payment of customs payments, violation of the terms of payment of customs payments, payable in connection with the movement of goods or means of transport across the customs border of Turkmenistan, shall incur a fine for individuals of up to five, officials-to ten, to legal persons-up to twenty dimensions base unit.
Article 408. Intentional damage or disruption of printing (seals) intentional damage or disruption of printing (seals), laid in a competent official (except as provided by paragraph 2 of article 241 article 242, paragraph 1, and article 398 of this code), attracts a fine of up to 0.5 size basic units.
Article 409. Failure to appear on a summons in the absence of the military commissariat of citizens on call at the military Commissariat for the registry to register site without good reason-brings about a warning.
Article 410. Failure to provide the military commissariats lists boys to be attaching to the recruiting sites 1. Failure to provide the military commissariats in the established term lists to be attaching the boys to the recruiting sites, leaders or other work whatsoever for military officials of the Gengeshi, enterprises, institutions, organizations, and educational institutions, engaged in operation of residential homes, and homeowners-brings about a warning or a fine in the amount of 0.2 to 0.3-sized base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of between 0.3 to one the size of the base unit.
Article 411. Recruiting citizens subject to conscription, reservists and conscripts, not on a military post 1. Party leaders or other officials of enterprises, institutions, organizations and educational institutions to work (study) of citizens subject to conscription, reservists and conscripts, not on a military post at the place of residence, shall incur a fine in the amount of 0.2 to 0.3-sized base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of 0.3 to one the size of the base unit.
Article 412. Failure to provide warning reservists and conscripts on their calling in the military commissariats 1. The failure to alert the military obligation and conscripts on their calling in the military commissariats leaders or other work whatsoever for military officials of enterprises, institutions, organizations and educational institutions at the request of the military commissariats or obstructing the timely appearance of citizens at collection points or intake areas implies a warning or a fine in the amount of 0.2 to 0.3-sized base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracts a fine of 0.3 to one the size of the base unit.
Article 413. The late submission of documents, necessary for the conduct of primary accounting of reservists and conscripts, as well as their ignorant about calling in the military commissariats 1. The late submission of the heads or other work whatsoever for military officials of enterprises, institutions and organizations engaged in the operation of residential homes, homeowners in the military commissariats and local executive authorities entrusted with conducting primary accounting, relevant information or document required for admission to military accounting with accounting or citizens who are reservists or conscripts, and making them into Brownies book, registration cards and financial-military documents (military ID , certificate of PostScript to recruiting stations), as well as their ignorant about calling in the military commissariats-shall entail a warning or a fine in the amount of 0.2 to 0.3 sized base unit.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-
shall incur a fine in the amount of 0.3 to one the size of the base unit.
Article 414. Disclosure of reservists and conscripts 1. The failure by officials of the medical-social expertise Commission ètrapskim public health, urban military commissariats etrap rights information about citizens, consisting on a military post or obliged to be on disability which recognized or removed (regardless of disability group), leads a warning or a fine in the amount of 0.2 to 0.3-sized base unit.
2. Failure by officials of the civil register ètrapskim, urban military commissariats etrap rights information about changing the reservists and conscripts of the surname, name, patronymic, an amendment to the civil registry changes on the date and place of birth, as well as cases of registration of death attracts recruits and reservists are a warning or a fine in the amount of 0.2 to 0.3-sized base unit.
3. Repeated committing offences under paragraphs 1 and 2 of this article within one year after the application of measures of administrative penalty-attracts a fine of 0.3 to one the size of the base unit.
Article 415. Violation of the rules of military accounting 1. Violation of the reservists and conscripts military accounting rules established by the legislation of Turkmenistan on universal military duty, as well as their failure to appear without good reason to call in military police station or to the military Commissioner, or delay their message in an accounting body to which are on a military post, change of address of residence, marital status, education, place of work and position-implies a warning or a fine of up to 0.2 size basic units.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracted by a fine in the amount of 0.2 to one the size of the base unit.
Article 416. Deliberate defacing military ticket, certificate of PostScript to recruiting stations or their loss by negligence 1. Wilful adulteration or negligent storage of financial-military documents (military tickets and certificates of attaching to the recruiting sites), povlëkšee their loss, leads a warning or a fine of up to 0.2 size basic units.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracted by a fine in the amount of 0.2 to one the size of the base unit.
Article 417. Violation of the rules and requirements of implementation of hydrometeorological observations violation of rules and regulations implementation of hydrometeorological observations and related works for the collection, processing, analysis, storage and provision of consumers with Hydrometeorological information, as well as distortion, delay or failure to transmit emergency information is punishable by a fine on officials of up to four dimensions of the base unit.
Article 418. Violation of the rules teach martial sports and methods to fight violations of rules on opening sections on Teaching martial sports and methods of fight or reception of citizens or training in sections of sports rules prohibited methods of struggle, as well as unauthorized training in martial sports and methods of fighting without permission from the appropriate authorities-shall entail a warning or a fine for individuals of up to one officials on two dimensions base unit.
Chapter 22. Administrative offences, infringing on justice Article 419. Contempt of court contempt of court by refusing to appear in court, a witness, victim, plaintiff, defendant or their representatives or insubordination of these persons and other citizens presiding at the trial, or disorderly conduct during a trial, as well as acts indicating a clear disregard of the Court or in the Court rules, attracts a fine of up to one size basic units or administrative arrest for up to 15 days.
Article 420. Intentional evasion of a witness or victim to appear in pre-trial or inquiry Intentional evasion of a witness or victim to appear in pre-trial or inquiry-attracts a fine of up to the same size of the base unit.
Article 421. Obstruction of the appearance in Court of the people's juror obstruction of an officer under any pretext whatsoever subpoena people's assessors to carry out its duties-attracts a fine of up to the same size of the base unit.
Article 422. Failure to perform duties of measure in the form of a transfer under the supervision of a minor breach of the duties of parents or persons substituting them or trustees, leaders of institutions have taken on a commitment in writing when applied against a juvenile suspect or accused person or defendant in custody as a preventive measure under the supervision of transfer-attracts a fine of up to the same size of the base unit.
Article 423. The failure of private definition (the Ordinance), the Court or the judge's view, a body conducting an initial inquiry, the investigator, the Prosecutor, leaving the officer without considering private definitions (judgment) the Court or the submission of a judge, a body conducting an initial inquiry, the investigator, the Procurator or the failure to take measures to eliminate violations of the Act specified therein-attracts a fine of up to the same size of the base unit.
Article 424. Failure to comply with a court decision requiring the debtor to commit certain actions 1. Failure to comply with a court decision requiring the debtor to commit acts which do not involve a transfer of property or sums of money, attracts a fine of up to two sizes of the base unit.
2. the repeated violations by the debtor and the subsequent deadlines for executing the Court's judgment requiring him to commit acts which do not involve a transfer of property or sums of money, is punishable by a fine of two to ten sizes of the base unit.
Article 4241. Failure to comply with the legitimate demands of the bailiff 1. Failure to comply with the legitimate demands of the bailiff connected with the performance of his duty, or the obstruction of their implementation-implies a fine for individuals of up to one, officials of the two dimensions of the base unit.
2. Compromise of the bailiff or his family members in connection with its performance, physical resistance or threat of violence to life, health, property, and other acts that impede the implementation of duty bailiff, is punishable by a fine for individuals of up to two officials to the three dimensions of the base unit.
Article 4242. Failure to comply with the rulings of the court bailiff, not associated with the property 1. Failure to comply with the prescribed time limits regulation bailiff not associated with property or sums of money, "implies a fine for individuals of up to two officials to the three dimensions of the base unit.
2. the repeated failure of the Ordinance within one year after the imposition of an administrative penalty for failure to comply with regulations provided for in paragraph 1 of this article, "implies a fine for individuals of up to three officials-to five dimensions of the base unit.
Article 4243. Failure to secure the assets handed over to the executor property custodian failure to comply with the duty to ensure the preservation of seized assets passed him executor, povlëkšee waste, dispose of or concealment of property-leads a fine for individuals of up to three officials-to five dimensions of the base unit.
(Code supplement articles 4241, 4242 and 4243 Turkmenistan law dated October 24, 2015-Statements of the Mejlis of Turkmenistan, г., no. 2015 _ calendar _) article 425. Obstruction of the lawful activities of the employee of a public body to fulfil the responsibilities for the protection of the rule of law and rule of law 1. Obstruction of the execution of court officials, prosecutors, internal affairs, national security, protecting the security of a healthy society, migration and customs services, as well as by members of official duties for the protection of law and order by means of threats, resistance, violence or attacks on their lives, health and property in connection with their implementation of the performance-attracted a fine for individuals of up to one, officials of the two dimensions of the base unit.
2. Obstruction of the lawful activities of a judge, the Prosecutor, officials leading the investigation and an inquiry by refusing to submit necessary documents, materials, information and expertise, audits or audits, to appear on call and give explanations concerning violations of the law, entail fines for individuals of up to two, officials from two to five sizes of the base unit.
3. the offences provided for in the first paragraph of this article, a judge, Prosecutor, officials leading the investigation and inquiry, leads a fine for individuals of up to two, officials from two to five size basic units or administrative arrest for up to 15 days.
Article 426. Obstruction of the lawful activities of the official in charge of administrative proceeding obstruction of the lawful activities of the official in charge of administrative proceedings, i.e. dacha obviously false statements the witness, an expert involved in the proceedings, giving false conclusion the expert or the performance of a deliberately wrong translation translator, as well as deliberate refusal to perform his or her duties or to appear when summoned by the interpreter, expert or specialist-attracts a fine of up to two sizes of the base unit.
Article 427. Arbitrariness arbitrariness, i.e. arbitrary, in violation of the established laws of Turkmenistan the modalities for the implementation of their actual or presumed rights not causing significant harm to natural or legal persons,
brings about a warning or a fine for individuals ranging from 0.5 to one on officials-from one to two sizes of the base unit.
Article 428. Intentional evasion of serving criminal sentences in the form of assigning responsibilities to stay in a certain area 1. Intentional evasion of serving criminal sentences in the form of assigning responsibilities to stay in a certain area face to which it is assigned in the order established by the legislation of Turkmenistan, shall incur a fine in the amount of from three to five sizes of the base unit or administrative arrest for up to 15 days.
2. Repeated committing the offences provided for in paragraph 1 of this article within one year after the application of measures of administrative penalty-attracted by a fine in the amount of five from ten dimensions base unit or administrative arrest for up to 15 days.
Article 429. The illegal transfer or receive without the permission of substances, products and items, forbidden to use persons held in prison establishments, medical or rehabilitation bodies 1. Transfer of persons held in prisons, detention centres or other places of confinement, medical or rehabilitation agencies, narcotic drugs, alcoholic beverages, drugs, substances, articles and articles that have been banned for use in these locations, as well as concealing them from inspection or attempt to transfer any way-attracts a fine of up to two sizes of the base unit with the confiscation of substances, products and objects or not.
2. receipt without the permission of the administration of correctional institutions, detention centres or other institutions to places of detention, medical or rehabilitation bodies of persons held in these institutions, substances, articles and articles that have been banned for use in these institutions, attracts a fine of up to two sizes of the base unit with the confiscation of substances, products and objects or not.
Article 430. Leaving without permission, medical or rehabilitation bodies Leaving without permission, medical or rehabilitation bodies persons in these bodies in accordance with the legislation of Turkmenistan, as well as the late arrival in therapeutic or rehabilitative bodies, including the late returning from a layoff or leave, is punishable by a fine of up to two sizes of base unit or administrative arrest for up to 15 days.
SECTION III. ADMINISTRATIVE PROCEEDINGS Chapter 23. The main provisions of Article 431 of the administrative proceeding. Tasks of the administrative tasks of production of administrative proceedings are: protection of the rights, freedoms and legitimate interests of the individual and citizen, the timely and full clarification of the circumstances of each case, resolving it in strict accordance with the legislation of Turkmenistan, revealing the person committed an administrative delinquency and bringing to administrative responsibility, ruling enforcement, identifying the causes and circumstances contributing to the Commission of administrative offences, the prevention of offences, as well as the education of citizens in the spirit of law enforcement and strengthening the rule of law.
Article 432. The order of the administrative procedure the procedure of administrative proceedings in bodies authorized to hear cases of administrative offences shall be determined by the present code and adopted on the basis thereof and other normative legal acts of Turkmenistan.
Article 433. Inadmissibility of disclosure in the case of administrative violation Information in the case of an administrative offence may be made only with the permission of the authority, which is the case of administrative violation, and in cases where such information affects the personal interests of the victim, also with the permission of the victim and to the extent that disclosure of which it considers possible.
Article 434. Motions 1. Persons involved in administrative proceedings, the right to claim authority in charge of the case, the application, which is required.
2. request stated in writing and is subject to immediate review. In case of refusal to satisfy a petition accepted the ruling.
Article 435. Circumstances precluding administrative proceeding administrative proceedings may not be initiated and developed production shall be subject to termination under the following circumstances: 1) absence events administrative offence;
2) absence of administrative offence;
3) actions of a person in a State of extreme necessity;
4) acts in self-defence;
5) failure by a person at the time of the Commission of the administrative offence, the age of 16;
6) insanity person while committing the wrongful acts for which administrative responsibility;
7) at the time of expiration for the consideration of the case on administrative violation deadlines of article 56 of this code;
8) availability on the same fact in relation to the person called to administrative responsibility, decisions about imposing of administrative penalty or neotmenënnogo order dismissing administrative proceedings, as well as the existence of the criminal case;
9) the death of the person against whom administrative proceedings have been initiated.
Article 436. Procuracy supervision over observance of laws in administrative proceedings 1. The Prosecutor in the limits of their authority in a timely manner, adopt measures to eliminate violations of the law that have occurred in administrative proceedings and supervises the observance of laws and other normative legal acts of Turkmenistan.
2. the Prosecutor shall have the right to: 1) to Institute administrative proceedings;
2) to participate in the consideration of the case of an administrative offence;
3) to get acquainted with the materials of the case;
4) check the legality of the actions of bodies (officials) in the proceedings;
5) give opinions, make petitions on issues arising during the consideration of the case;
6) check the correctness of the application of the relevant bodies (officials) penalties for administrative offences;
7) appeal against a ruling in the case of administrative violation, suspend the enforcement of the Ordinance;
8) perform other acts stipulated in the law.
3. the Prosecutor instituting administrative proceedings accepts the decision within the period stipulated in Article 533 of the present code. The Ordinance shall specify the particulars referred to article 531 of the present code.
4. Notice of the time and place for the consideration of the case on administrative violation against minors, pregnant women, women with children under eight years of age, persons entitled to old-age pension or social State benefit, persons with disability groups I and II, as well as cases of administrative offence, initiated on the initiative of the Prosecutor, shall be reported to the public prosecutor.
Article 437. The cost for cases of administrative offences 1. The cost for cases of administrative offences include: 1) amounts paid to witnesses, understood, experts, specialists and translators;
2) amounts spent on storing, forwarding, transport and research evidence.
2. reimbursement of costs in the case of an administrative offence is carried out in accordance with the procedure established by the Cabinet of Ministers of Turkmenistan.
3. the volume of costs in the case of an administrative offence shall be determined on the basis of the documents confirming the costs incurred.
Article 438. Amounts payable to the victim, witnesses, understood, expert, specialist and 1 interpreter. The victim, a witness, expert, specialist, interpreter and understood in the prescribed manner shall be reimbursed the expenses incurred in connection with their appearance before the authority handling the case of administrative violation.
2. the salary for the time of absence from work in connection with the call and appearance before the authority handling the case of an administrative offence shall be payable in accordance with the established procedure in the workplace of the victim, witness, expert, specialist, interpreter and witnesses.
Chapter 24. Bodies authorized to hear cases of administrative offences, Art. 439. Bodies authorized to hear cases of administrative offences 1. Cases on administrative offences provided for in the special part of this code shall be treated as follows: 1) etrap towns with etrap rights;
2 administrative commissions);
3) commissions on juvenile affairs;
4) internal affairs agencies, the Executive Branch and other bodies to which the present Code granted such a right.
2. the authorities referred to in paragraph 1 of this article, that this code is granted the right, consider cases on administrative offences in the manner prescribed by the present code and other normative legal acts of Turkmenistan.
Article 440. Handling of court cases about administrative offences 1. District courts and cities etrap rights consider cases on administrative offences, study and summarize judicial practices, organizes the execution of judgements, in promoting and explaining the legislation of Turkmenistan, as well as other powers conferred upon them by the laws of Turkmenistan.
2. the courts of the provinces and cities with Mashhad complaints or protests on rulings on cases about administrative offences by the courts and district towns with etrap rights in accordance with this code.
3. the Supreme Court of Turkmenistan in accordance with this code, shall review the protest at the ruling handed down in the case of administrative violation.
4. Cases on administrative offences in the courts dealt with individually by the judge, if the legislation of Turkmenistan does not set otherwise.
Article 441. Procedure for establishing collegiate bodies empowered to deal with cases on administrative offences
1. Administrative commissions formed in districts, cities he and Decree etrap in towns, townships and districts gengešlikah-Gengeša consisting of a Chairman, Vice-Chairman, Secretary and members of the Commission. Administrative commissions etraps, towns with etrap Rights establishes the post of Executive Secretary of the Commission dismissed.
2. The Commission on minors ' Affairs formed in districts, cities he Decree etrap, composed of a Chairperson, a Vice-Chairperson, a Secretary and a liberated by members of the Commission. If necessary, the Commission may be appointed a specialist for work with children.
3. The procedure for the formation of other collegiate bodies authorized by this code to consider cases on administrative offences, determined by normative legal acts of Turkmenistan.
Article 442. Meetings of the collegial bodies competence administrative commissions, commissions on Juvenile Affairs and other collegiate bodies have the right to consider cases on administrative offences, with the participation of at least half of its members.
Article 443. The competence of the bodies of Internal Affairs, the Executive and other organs of Turkmenistan, internal affairs agencies, the Executive Branch and other organs of Turkmenistan review cases relating to administrative offences provided for in the special part of this code, in the areas of public administration.
Article 444. Powers officials 1. The list of officials dealing with cases on administrative offences, on behalf of the bodies referred to in paragraph 4 of the first paragraph of article 439 of the present Code shall be established by the present Code, and their power to hear cases of administrative offences shall be determined by the present code and other normative legal acts of Turkmenistan.
2. The officers referred to in paragraph 1 of this article, within the authority have the right to apply measures of administrative punishments provided for in the special part of this code.
3. Cases on administrative offences against military personnel and other persons subject to disciplinary statutes, dealt with officials of the respective bodies.
Chapter 25. Jurisdiction of cases on administrative offences, Art. 445. The competence of the courts of the country and towns with etrap rights cases about administrative offences 1. District courts and cities etrap rights shall have the right to consider cases on administrative offences, prescribed in the special part of this code, irrespective of their affiliation.
2. Cases on administrative offences, which include administrative arrest, confiscation, seizure, special limit compensatory right granted to an individual, administrative suspension of activities, as well as under articles 59-60, part one of article 61, articles 62-63 and 65-77, article 78, paragraph 3, articles 93, 95-97, part 2 of article 184, part 2 of article 185, 256-257, 262-263, 265-266, 279, 308, 326 and 334-344, part 3 of article 348 , article, articles 359-3481 361i 364, parts 1 and 3 of article 365, articles 378, 382 and 419-430 of this code are dealt with by the courts of the country and towns with etrap rights.
3. the competent authorities referred to in paragraphs 2-4 of the first paragraph of article 439 of the present Code, commit cases of administrative offence before the Court upon application by the person against whom it is production, or whenever it disagrees with regard to the fact of committing an administrative offence.
(As amended by the law of Turkmenistan on December 20, 2014, August 18 and November 21, 2015, January 12, 2016-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162; 2015, no. 3, p. 104; No. 4, article 124;, no. 2016 _ calendar _) article 446. Competence of the administrative commissions to review the cases of administrative offences 1. Administrative Commission districts, towns with etrap rights consider cases on administrative offences, prescribed by articles 83-87, 92, 94, 99, 108 (for administrative offences committed not in the process of developing mineral deposits), 141, 154, 159, 161-167, 174, 179, 181, 186-188, 189 (violation of the rules of use of gas), 190-191, paragraphs 1, 2 and 3 of article 195 (for administrative offences committed at the airports, not subordinated to the competent authority in the field of civil aviation , or in the vicinity of such airfields), 225, 227, 235 (except for cases involving the use of vehicles by drivers without permission), 243 (for administrative offences committed on highways), 244-250, 252-255, 264, 267, 271-272, 274-276, 278, 284-285, 294, 310-311, 317, 323-324, 327, 331, 349-350, part one of Article 351, 354, 357, 362-363, 366-368, 408 and 418 of the present code.
2. the Administrative Commission towns in etraps, towns and gengeshliks consider cases on administrative offences, prescribed by articles 94, 159, 161, 179, 190-191, 227, 235 (except cases of using vehicles drivers without permission), 243 (for administrative offences committed on highways), 245-246, 250, 252-253, 264, 267, 278, 350 331i, part one of Article 351, 354, 357, 368, 408 and 418 of the present code.
In cases of difficulties or significant distance from the center of the settlements, etraps, administrative commissions in cities, towns and etraps gengeshliks exceptionally consider cases on administrative offences, prescribed by part one of Article 351, 354 and 357. A list of such locations shall be established by a regulation he velayat.
(As amended by the Act of 1 March, May 3, 2014 and November 21, 2015 -Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 45, 2014, no. 2, p. 79; 2015, no. _. calendar _) article 447. Competence of the commissions on minors cases about administrative offences 1. The Commission on minors ' Affairs etraps, towns with etrap rights consider cases on administrative offences by minors, except in cases envisaged by article 378 of the present code. The case of the offences set forth in the special part of this code, are considered only in cases where the authority which submitted the case of such offences, passes it to the consideration of these commissions.
2. The Commission on minors ' Affairs are considering cases against parents or persons in loco parentis, the code on administrative offences provided for in part 2 of Article 351, part of the fourth article, clause 355 and 356 parts 1 and 2 of article 358 of this code.
Article 448. The competence of the bodies of Internal Affairs of Turkmenistan to review cases about administrative offences 1. The organs of Internal Affairs of Turkmenistan to consider cases on administrative offences, prescribed by part 2 of article 61, part 3 of article 63 (if an administrative offence is committed in the territories, which introduced the State of emergency), article 64, part 3 of article 78, part 3 of article 175, part of the first, second, fourth and fifth articles 192, articles 193-197, part 3 of article 199, part 3 of article 206, 207-208, 210-224 , 226, 228-234, 235 (for use by a driver of a vehicle without permission) and 237, part 3 of article 239, 240-243, 251, 316, 318, 322 and 325, part 2 of article 333 articles 345-347, parts 1 and 2 of article 348, 352-353, paragraphs 1, 2 and 3 of Article 355, articles 356 and 3551, part 3 of article 358, articles 369-377, 379-380, and 388 of the present code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1) heads or Deputy Heads of Department of the interior regions, cities with Mashhad, etraps, towns with etrap rights;
2) Road Service staff supervision of the internal affairs agencies;
3) State Fire supervision inspectors, senior government inspectors on fire supervision bodies of State Fire supervision service of the internal affairs authorities and the Chief State Inspector of Turkmenistan on fire supervision and his deputies;
4) head of the Department of the Ministry of Internal Affairs of Turkmenistan and his deputies, as well as chiefs of safety regions and cities with Mashhad and their deputies.
3. For administrative offences relating to violation of traffic rules, provided for by the special part of this code, a list of which is approved by the Minister of Internal Affairs of Turkmenistan, as well as in all cases where users do not agree with the judgment rendered by an administrative offence cases on administrative offences are dealt with by the commissions Services road police supervision of the Ministry of Internal Affairs of Turkmenistan.
(As amended by the Act of November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) article 449. Competence of authorized bodies of Turkmenistan in the area of defense cases about administrative offences 1. The authorized organs of Turkmenistan in the area of defence consider cases on administrative offences, prescribed by articles 210-219, 221-226, 228-229, 232-235, parts of the third and fourth articles 237 and article 243 (if they are committed by drivers of vehicles of the armed forces of Turkmenistan), parts of the first, second and fourth article 237 article 241, parts 1 and 2 of article 348, 409-416 of this code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1) garrison commanders, military commandants of garrisons and their deputies;
2) respectively, the senior marine Commander, military commandants of military commandants or messages on modes of transport and their deputies;
3 military commissioners) etrap towns with etrap rights;
4) Military officials automobile inspection: Chief or Deputy Chief, President of the qualifying Commission of military automotive inspections, Chief Inspector, Inspector, as well as officers and other soldiers under an obligation assigned to post freelance inspectors Military automotive inspections in due course.
3. Materials on committed by drivers of vehicles of the armed forces of Turkmenistan administrative offences, for which as an administrative penalty is meant only a fine Military automotive inspection shall be transmitted to the relevant commanding officers (superiors) to address the issue of accountability for disciplinary statute of the armed forces of Turkmenistan in the manner prescribed by regulations of the Ministry of defence of Turkmenistan.
4. Materials on committed by drivers of vehicles of the armed forces of Turkmenistan administrative offences provided for administrative punishment in the form of restriction of right of control of the vehicle, the organs of internal affairs are dealt with in the manner prescribed by normative legal acts of Turkmenistan.
5. Vehicles of the armed forces of Turkmenistan, detained for administrative offences committed by drivers of the armed forces of Turkmenistan, within 12:00 am transferable Military motor vehicle inspection.
Article 450. The competence of the bodies of national security of Turkmenistan to review cases about administrative offences 1. The organs of national security of Turkmenistan consider cases on administrative offences, prescribed by articles 258-261 of this code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1), the Minister of national security of Turkmenistan and his deputies;
2) chiefs of structural subdivisions of the central apparatus of the Ministry of national security of Turkmenistan and their deputies;
3) heads of regions and cities of Mashhad and their deputies;
4) chiefs etraps and towns with etrap rights.
Article 451. The competence of the bodies of Turkmenistan State service for the protection of the security of a healthy society to deal with cases of administrative offences 1. Public service bodies of Turkmenistan to protect the security of a healthy society consider cases on administrative offences, prescribed by articles 79-80, 82, 172-1731, 315-3152, 328, 352-353, paragraphs 1, 2 and 3 of Article 355, articles 356 and 3551 and part one of article 379 (on crimes related to the cases otnesënnymi law in their jurisdiction) of this code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1), the President of the public service of Turkmenistan to protect the security of a healthy society and his deputies;
2) chiefs of structural subdivisions of the Central Office of the public service of Turkmenistan to protect the security of a healthy society;
3) heads of regions and cities of Mashhad and their deputies;
4) chiefs etraps and towns with etrap rights.
(As amended by the law of Turkmenistan on November 9, 2013, from February 2, 2015, and January 29, 2016, Statements of the Mejlis of Turkmenistan, 2013, no. 76, item 4, 2015, no. 1, art. 10;, no. 2016 _ Article _) article 452. The competence of the bodies of the border service of Turkmenistan to review cases on administrative offences, Authorities of the border service of Turkmenistan to consider cases on administrative offences, prescribed by articles 388-389 of this code. On behalf of the border service of Turkmenistan to consider the case and to impose administrative penalty within the scope of their authority have the right to the following officials: 1) Border representatives of Turkmenistan-Border Commissioners and their deputies, chiefs of border connections and commanders of border patrol ships;
2) on border control authorities-heads of separate checkpoints, their deputies, chiefs of individual checkpoints.
Article 453. The competence of the bodies of the State Customs Service of Turkmenistan to review cases about administrative offences 1. The State Customs Service of Turkmenistan to consider cases on administrative offences, prescribed by articles 390-407 of the present code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials-Chairman of the State Customs Service of Turkmenistan, his deputies, Presidents of regional customs and cities with Mashhad, their deputies, chiefs of customs posts, their deputies and senior inspectors.
Article 454. The competence of the bodies of the State migration service of Turkmenistan to review cases about administrative offences 1. Migration service authorities of Turkmenistan to consider cases on administrative offences, prescribed by articles 381-387 of this code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials:
1), the President of the State migration service of Turkmenistan and his deputies;
2) chiefs of the central apparatus of the State migration service of Turkmenistan and their deputies;
3) heads of regions and cities of Mashhad and their deputies;
4) chiefs etraps and towns with etrap rights;
5) chiefs of migration control posts;
6) senior migration control post airports;
7) senior inspectors.
(As amended by the law of Turkmenistan on May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 79) article 455. Competence of the Commandant of the territory in which the State of emergency is introduced, the consideration of the cases submitted to the administrative offences code, the Commandant of the territory, which introduced the State of emergency, has the right to consider and to impose administrative penalty within the scope of their authority in cases of administrative offences provided for in part 2 of article 61, article 63, paragraph 3, article 64, part 3 of article 78, part 3 of article 175, articles 224, 251, 316 and 318 the second part of article 333, article 347, paragraph 2 article 378, part 2 of article 379, article 380 of the criminal code.
Article 456. Competence of railway transport of Turkmenistan to review cases about administrative offences 1. Bodies of railroad transportation of Turkmenistan to consider cases on administrative offences, prescribed by part one of article 81 (for committing administrative offences in rail transport), part 3 of article 192, 193-194, part one of article 208, part one of article 237, part one article 238, parts 1 and 2 of article 239, 241 (for committing administrative offences in rail transport), 246 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1) station chief and his Deputy, the head of the station, and his Deputy, the head of the locomotive (car maintenance) Depot, head of passenger trains (mechanic-Brigadier passenger train);
2) controller-auditor passenger trains, the auditor instructor for passenger trains, the auditor for the verification of income, road master, head of the distance the way and structures, head of signaling and communication;
3) head of militarized guard of the Ministry of railway transport of Turkmenistan and his Deputy, head of Department (squad team, fire trains) and his Deputy, senior instructor and instructor for fire prevention, head of Department (guard) of the command, the firefighter train paramilitary railway protection;
4) rail transport's Chief Health Officer and his Deputy, the Chief sanitary doctor of the railroad, and his Deputy, Chief sanitary physician of the Department of the railway, the Chief sanitary doctor of the linear plot.
Article 457. The competence of the bodies of sea transport of Turkmenistan to review cases about administrative offences 1. Maritime transport bodies of Turkmenistan to consider cases on administrative offences, prescribed by articles 199, 201-205, 207, part one of article 208, part 2 of article 237, part one article 238, parts 1 and 2 of article 239, article 241 (for committing administrative offences in maritime transport) and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to Captain commercial sea port, head of the port, the head of the fleet and the captain of the ship.
Article 458. The competence of the bodies of river transport of Turkmenistan to review cases about administrative offences 1. River transport authorities of Turkmenistan to consider cases on administrative offences, prescribed by articles 201-202, 204-207, part one of article 208, part 2 of article 237, part one article 238, parts 1 and 2 of article 239, article 241 (for committing administrative offences in river transport) and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to head enterprise of river transport, head of ship inspections and the captain of the ship.
Article 459. The competence of the bodies of air transport of Turkmenistan to review cases about administrative offences 1. Air transport authorities of Turkmenistan to consider cases on administrative offences, prescribed by part 2 of article 81, paragraph 1, third and fourth articles 195, 196-198 articles, part 2 of article 208, part 3 of article 239 (for committing administrative offences on air transport), article 242 and a part of the second article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials:
1), the President of the State national service "Türkmenhowaýollary" and his deputies, directors and their deputies, Commander of the combined Squadron (United squadron) and his Deputy, the head of the airport and his Deputy, the Chief organization of transport companies (Airport), head of the main safety inspections, the Commander of the aircraft;
2) head of Audit Department of State national service "Türkmenhowaýollary", and his Deputy, the head of the Department, Chief Auditor, senior auditor and Auditor, auditor of the commercial management;
3) Chief sanitary-EPID logical division, Chief sanitary doctor of Central sanitary-and-epidemiologic station State national service "Türkmenhowaýollary";
4) head of the squad and a single command paramilitary security companies (Airport).
3. Cases on administrative offences, prescribed by article 198 of this code are dealt with by the Chairman of the State national service "Türkmenhowaýollary" and his deputies.
Article 460. The competence of the bodies of road transport in Turkmenistan to review cases about administrative offences 1. Road transport authorities of Turkmenistan to consider cases on administrative offences, prescribed by articles 233-234, 235 (except the driver of vehicles without permission), 236, parts of the third and fourth articles 237, part 2 of article 238, parts 4 and 5 of article 239, 240, articles 241 (for committing administrative violations in road transport) and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1) head of the State Enterprise "Türkmenulaggözegçilik" of the Ministry of road transport in Turkmenistan, his deputies, Chief of surveillance of road transport on the roads of this enterprise, its Deputy Chief Inspector, Senior Inspector and Inspector of the service;
2) workers of central control and revision service, line supervisors, the controller, the head of the public bus and his Deputy, the head of the bus and his Deputy;
3) controller driver of urban, suburban and intercity transport.
Article 4601. The competence of the bodies of State administration in the field of roads and road of Turkmenistan to review cases about administrative offences 1. Public administrations in the field of roads and road of Turkmenistan consider cases on administrative offences, prescribed by articles 243-245, 275 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences, prescribed by articles 243-245 and article 275 of the present Code, and impose an administrative penalty within the scope of their authority have the right to Chair the State concern «Türkmenawtoýollary» and his deputies, heads of regions and exploitation of motor roads of cities with Mashhad and their deputies.
3. To consider cases on administrative offences, prescribed by part 2 of article 365 of the present Code, and impose an administrative penalty within the scope of their authority have the right to Chair the State concern «Türkmenawtoýollary», his deputies and chiefs of State Licensing Division and the Audit Division.
(New article Code 4601 Turkmenistan law dated January 12, 2016-Statements of the Mejlis of Turkmenistan, 2016 г., # Article _ _) Article 461. The competence of the bodies of State control service trade cases about administrative offences 1. Bodies of State control service trade consider cases on administrative offences provided for in articles 312-3152, 319-320, parts one-third and fifth-sixth articles 329 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to control public service Chief trade of the Ministry of trade and foreign economic relations of Turkmenistan and his deputies, State inspectors and chiefs of regional units.
(As amended by the Act of February 2, 2015-Statements of the Mejlis of Turkmenistan, 2015, no. 1, p. 10) article 462. The competence of the bodies of State sanitary-epidemiological service of Turkmenistan to review cases about administrative offences 1. Bodies of State sanitary-epidemiological service of Turkmenistan to consider cases on administrative offences, prescribed by part one of article 78, articles 81, 134-140 (violations of sanitary-and-hygienic norms on the protection of atmospheric air), 141 (violations of sanitary-and-hygienic norms) and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: Chief State sanitary doctor of Turkmenistan and his deputies; the main state sanitary doctors administrative territories of Turkmenistan and their deputies.
Article 463. The competence of the bodies of sanitary-epidemiological services of the armed forces of Turkmenistan, other troops and military bodies to deal with cases of administrative offences 1. Bodies of sanitary-epidemiological services of the armed forces of Turkmenistan, other troops and military bodies consider cases on administrative offences, prescribed by the second and third parts of article 78 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1), the Chief sanitary doctor of Ministry of defence of Turkmenistan and his deputies;
2) chiefs of the sanitary facilities of the Ministry of defence of Turkmenistan and the Turkmen armed forces, chiefs of health services of the armed forces of Turkmenistan compounds;
3) Chief Medical Department of the Ministry of Internal Affairs and his Deputy, as well as chiefs of health services offices interior regions;
4) head of the military medical service of the Ministry of national security of Turkmenistan and his Deputy;
5) Chief sanitary detachment of the State border service of Turkmenistan and his Deputy;
6) chiefs of the military-medical and sanitary-epidemiological services of other ministries or agencies in which the laws of Turkmenistan provides for military service, and their deputies.
Article 464. The competence of the bodies of the State veterinary supervision on administrative offences 1. State veterinary authorities consider cases on administrative offences, prescribed by parts of the first, second, fourth and fifth article 175, articles 176-178 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1) the main State Veterinary Inspector of Turkmenistan and his deputies;
2) main state veterinary inspectors regions and cities with Mashhad, etraps and towns with etrap rights, Chief State Inspector of post-mortem inspection at the border and transport, the main state veterinary inspectors railways and basins;
3) heads of veterinary border control points, the chiefs of veterinary supervision at the washing stations and disinfection points, heads of district veterinary hospitals, veterinary sites, transport chiefs veterinary-sanitary areas, heads of laboratories, veterinary-sanitary examination.
3. the officers of the State veterinary authorities may charge a fine for committing administrative offences in the following cases: 1) on markets for violation of veterinary-sanitary rules for trade in animals (including poultry and fish), products and raw materials of animal origin and other foods;
2) by rail, water and air transport, highways and dirt roads, the highways ferrying animals for violation of veterinary-sanitary regulations for the carriage of animals (including birds, fish and bees), products and raw materials of animal origin, as well as the rules of transhumance;
3) at the State border of Turkmenistan for violation of veterinary-sanitary rules for the protection of the territory of Turkmenistan from skidding contagious diseases of animals (including birds, fish and bees) from foreign countries.
Article 465. The competence of the bodies of veterinary supervision services of the armed forces of Turkmenistan, other troops and military bodies to deal with cases of administrative offences 1. Veterinary supervision bodies of the armed forces of Turkmenistan, other troops and military bodies consider cases on administrative offences, prescribed by paragraphs 1 and 2, article 175, articles 176-178 and part two of article 365 of the present Code, if they are committed in the territories of the compounds, military units, military bases, military schools and military training polygon of Turkmenistan's armed forces, other troops and military bodies.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1) Chief Veterinary Inspector-head of the veterinary services of the Ministry of defence of Turkmenistan and his Deputy;
2) heads of veterinary bodies of the Ministry of defence of Turkmenistan epizootic, veterinary-sanitary inspectors;
3) heads of veterinary services of the armed forces garrison commands of Turkmenistan and their deputies;
4) veterinary-sanitary controllers of the organs of Internal Affairs of Turkmenistan;
5) head of the veterinary service of the State border service of Turkmenistan and his Deputy;
6) chiefs of veterinary-sanitary services of other ministries or agencies in which the laws of Turkmenistan provides for military service, and their deputies.
Article 466. The competence of the bodies of agriculture to review cases about administrative offences 1. Agricultural authorities consider cases on administrative offences, prescribed by articles 168-170 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials of the Ministry of Agriculture of Turkmenistan: 1) the Chief Inspector on seed control and testing of Turkmenistan;
2) Chief of inspection and testing of seed.
Article 467. The competence of the bodies exercising State control over land use and protection, to review cases about administrative offences 1. Authorities exercising control over land use and protection, consider cases on administrative offences, prescribed by articles 98-101 (excluding cases of non-compliance with the requirements of environmental land use regime), 102-105, 171 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to the Chief State Inspector for the use and protection of lands in Turkmenistan, the State inspection on land use and protection of land resources Service under the Ministry of Agriculture of Turkmenistan and his Deputy Chief Inspectors on the use and protection of lands in the regions and their alternates as well as government inspectors on the use and protection of lands in etraps and etrap cities.
(As amended by the Act of November 9, 2013-Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76) article 468. The competence of the bodies of gossel′tehnadzora on administrative offences 1. Gossel′tehnadzora bodies to consider cases on administrative offences, prescribed by articles 174 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, have the right engineers-inspectors gossel′tehnadzora clusters on Agriculture etraps.
Article 469. The competence of the bodies of State control over the use and protection of waters to deal with cases of administrative offences 1. Bodies of State control over the use and protection of waters consider cases on administrative offences, prescribed by articles 89, 109 (except in the case of groundwater pollution or disturbance regime of watersheds combated efficiently through causing pollution of those waters or deterioration of environmental safety Wednesday), 111-112, and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to the Chief water control of the Ministry of water resources of Turkmenistan and his deputies, heads of regional water services (basin) and control their water inspectors.
3. the system of public corporation "Türkmengeologiýa" consider cases on administrative offences, prescribed in §§ 89, 106-108, 109 (if they have caused or may cause contamination of groundwater or violation of the regime of watersheds, combated efficiently through causing pollution of these waters), articles 147-148 and part two of article 365 of the criminal code.
4. To consider cases on administrative offences and impose administrative penalties within the scope of their authority on behalf of the bodies referred to in paragraph 3 of this article, have the right Chairman of State Corporation "Türkmengeologiýa", and his Deputy, in charge of monitoring the protection of underground waters, as well as Chairman of the State geologičesko-control service with the Corporation and his Deputy.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 470. The competence of the bodies for the conservation of nature on administrative offences 1. Conservation bodies to consider cases on administrative offences, prescribed by articles 90-91 and 100-102 (violation of the requirements for the protection of nature in land use), 106 (violation of the requirements of the environmental protection agency Wednesday), 109 (except for cases of groundwater contamination, or violations of the regime on catchments combated efficiently through causing pollution of these waters), 110, 114-133, 134-140 (except for violations of sanitary regulations on protection of atmospheric air), 141 (except for violations of sanitary-and-hygienic rules) , 142-152, 154, 155 (except for fisheries violations and demands protection of aquatic biological resources), 156-159, 160 (violation of the requirements for the protection of nature), 161-162, and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials of the Ministry of nature protection of Turkmenistan: 1), the Minister of nature protection of Turkmenistan and his deputies;
2) Chief State Inspector of nature protection, environment chiefs of managements of Wednesday and the protection of the flora and fauna of the Ministry of nature protection of Turkmenistan and their deputies;
3) chiefs of regional environment management bodies and their deputies, directors of State reserves, State biosphere reserves, national parks and their deputies, head of forestry, forestry managers and public forest enterprises and organizations and their deputies;
4) head of the specialized inspection of sea monitoring Wednesday and the use of natural resources in the Turkmen part of the Caspian Sea and his Deputy.
Article 471. The competence of State bodies for Hydrometeorology of Turkmenistan to review cases about administrative offences 1. The organs of the State Hydrometeorology Turkmenistan consider cases on administrative offences, prescribed by article 417 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right, the Chairman of the National Committee on Hydrometeorology at Cabinet of Ministers of Turkmenistan and his Deputy.
Article 472. The competence of the public authorities of Turkmenistan fishery protection cases about administrative offences 1. The organs of the State fish protection of Turkmenistan to consider cases on administrative offences, prescribed by articles 113, 153, 155 (violation of fishing rules and requirements for conservation of aquatic biological resources), 160, 200-202, 204-205, 207, 209 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, have a right to the head of Department of the State fish protection of Turkmenistan, the State Committee for fisheries of Turkmenistan and his deputies, chiefs and government inspectors of the specified Control in the regions and cities of Mashhad, etraps and etrap cities.
Article 473. The competence of the organs of communication of Turkmenistan to review cases about administrative offences 1. Communication system of Turkmenistan consider cases on administrative offences, prescribed by articles 248-250 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, have a right to the head of the State service for supervision over the use of the radio spectrum at the Ministry of communications of Turkmenistan and the chiefs of the regional units of the service.
(As amended by the Act of March 1, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 45) Article 474. The competence of the bodies of Turkmenistan, exercising State supervision, fire assay code on administrative offences 1. Turkmen authorities exercising State supervision assay, consider cases on administrative offences, prescribed by article 282 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to head Government assay Office.
Article 475. The competence of the bodies of State tax service of Turkmenistan to review cases about administrative offences 1. State tax service of Turkmenistan consider cases on administrative offences, prescribed by the second and third parts of article 281, 283, 285-288, 291, 300-301, part one of article 314, 321 article, part 2 of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right, the Chairman of the main state tax service of Turkmenistan, heads of bodies of the State tax service on velaâtam, the towns with the rights of the velayats, ètrapam, cities, and etraps ètrapam rights in cities and their deputies.
(As amended by the law of Turkmenistan on March 1, 2014 and January 12, 2016, Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 45;, no. 2016 _ calendar _) article 476. Competence of State statistics authorities of Turkmenistan to review cases about administrative offences 1. State statistics authorities of Turkmenistan to consider cases on administrative offences, prescribed by articles 289-290 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, have the right Chairman, State Committee of Turkmenistan for statistics, his deputies and heads of regional and urban statistics from Mashhad.
Article 477. Competence of public finance institutions of Turkmenistan to review cases about administrative offences 1. Public financial bodies of Turkmenistan consider cases on administrative offences, prescribed by articles 292, 302-303, and part two of article 365 of the criminal code.
2. To consider cases on administrative offences, prescribed by articles 292, 303 and part two of article 365 of the present Code, and impose an administrative penalty within the scope of their authority have the right Finance Minister of Turkmenistan, the leaders of the main financial directorates and velayats cities Mashhad, managers of financial departments in etraps and etrap cities.
3. To consider cases on administrative offences, prescribed by article 302 of the present Code, and impose an administrative penalty within the scope of their authority have the right to Minister of finance and his Deputy.
Article 478. Competence of State organs economy and development of Turkmenistan to review cases about administrative offences 1. State organs economy and development of Turkmenistan consider cases on administrative offences, prescribed by part one of article 281, 285, 293 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to Minister of economy and development of Turkmenistan, his deputies, heads of major departments of economy and development of regions and cities with Mashhad, heads of district administrations and economic and development towns with etrap rights.
Article 479. Competence of labour and social protection of the population of Turkmenistan to review cases about administrative offences 1. Bodies of the labour and social protection of the population of Turkmenistan to consider cases on administrative offences, prescribed by articles 295-296, 304-307, and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to Minister of labor and social protection of the population of Turkmenistan, his deputies, heads of labour and employment regions and cities with Mashhad, heads of departments of labour and employment of the population of cities and towns with etrap etrap rights.
Article 480. The competence of the bodies of the Pension Fund of Turkmenistan to review cases about administrative offences 1. Bodies of the Pension Fund of Turkmenistan consider cases on administrative offences, prescribed by articles 297-299 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article are entitled Managing the Pension Fund of Turkmenistan, Ministry of labour and social protection of the population of Turkmenistan, the Turkmen pension fund managers in the regions and cities of regions, districts and cities with district rights.
Article 481. The competence of State bodies for Standardization, metrology and occupational security on administrative offences 1. State bodies for Standardization, metrology and occupational safety of Turkmenistan consider cases on administrative offences, prescribed by articles 88, 106-107, 108 (administrative offences committed in the course of mining), 180, 182, part one of article 184, part one of article 185, 186-191, 196, 207, 237, 247, 304, 280 (administrative offences related to non-compliance with rules of carrying out of certification of workplaces), 305, 309 and 319, parts of the fourth and seventh articles 329 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to chair the main public service «Türkmenstandartlary», State inspectors, the Chairmen of regional services.
(As amended by the law of Turkmenistan dated January 12, 2016 year-statements of the Mejlis of Turkmenistan, 2016 г. № _ calendar _) article 482. The competence of the bodies of Turkmenistan's energy on administrative offences 1. Energy authorities of Turkmenistan to consider cases on administrative offences, prescribed by articles article, part one of article 183 184 185, part one of article and article 189 (violation of the rules regarding the use of energy) of this code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following Department of energy officials of Turkmenistan: 1) chiefs and inspectors offices of enterprise «Döwletenergogözegçilik»;
2) Director of the company «Döwletenergogözegçilik», his deputies, chief engineers and inspectors, heads of local departments, their deputies, chief engineers and inspectors;
3), the Chairman of the public power Corporation "Türkmenenergo", his deputies and the Chief Engineer, as well as the directors of industrial associations in the regions and cities Corporation with Mashhad, their deputies and Chief engineers.
(As amended by the law of Turkmenistan on November 9, 2013 and January 12, 2016, Statements of the Mejlis of Turkmenistan, 2013, no. 4, p. 76;, no. 2016 _ calendar _) article 483. The competence of the bodies of public utilities of Turkmenistan to review cases about administrative offences 1. Bodies of public utilities Turkmenistan consider cases on administrative offences, prescribed by articles 141, 268-277 and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, are entitled to the following officials: 1), the Minister for public utilities in Turkmenistan and his deputies;
2) heads of bodies of public utilities regions and cities with Mashhad, etraps and towns with etrap Rights Ministry of communal services of Turkmenistan and their deputies.
Article 484. The competence of the bodies of culture of Turkmenistan to review cases about administrative offences 1. Culture of Turkmenistan authorities consider cases on administrative offences, prescribed by articles 330, 332, and part two of article 365 of the criminal code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right, the Minister of culture of Turkmenistan, chiefs of structural subdivisions of the Ministry and heads of cultural regions and cities from Mashhad.
Article 485. The competence of the bodies of State publishing service of Turkmenistan to review cases about administrative offences 1. The State of the publishing service of Turkmenistan to consider cases on administrative offences, prescribed by part one of article 333 of this code.
2. To consider cases on administrative offences and impose administrative penalty within the scope of their authority on behalf of the bodies referred to in paragraph 1 of this article, shall have the right to chair the State publishing service of Turkmenistan, as well as the heads of the publishing house velayats, towns and cities from Mashhad.
Article 486. The competence of officials on administrative offences relating to the prohibition of smoking cigarettes and tobacco products the heads of ministries, departments, military units and formations, educational institutions, theatres and cinemas, enterprises, institutions, organisations and other legal entities and their deputies consider cases on administrative offences, prescribed by article 79 of the present Code, and they have the right on behalf of legal persons to impose an administrative penalty.
Chapter 26. Persons involved in administrative proceedings, their rights and obligations, Article 487. The legal position of the person against whom it is production of 1. The person whose production is underway, has the right to: 1) familiarize themselves with the case materials;
2) claim challenge;
3) to give explanations;
4) submit evidence;
5) to file petitions and objections;
6) in a case to legal assistance;
7) to bring complaints on the use of measures of administrative proceedings and the judgement on the case.
2. a person against whom is the production, may use and other rights established by this code.
3. In the case of an administrative offence is dealt with in the presence of the person in respect of whom the administrative proceeding is underway, or representative of a legal person. In the absence of this individual case may be considered only where there is evidence of his timely notice of the time and place for the consideration of the case, and if it had not received a request for deferment of consideration of the case, either in the meeting claimed the petition was denied.
4. The authority empowered to consider the case, may consider the presence of the person in respect of whom the administrative proceeding or is representative of a legal person required.
5. In cases of administrative offences, the imposing of administrative penalty in the form of administrative detention, restrictions on the special right granted to an individual, administrative expulsion from Turkmenistan or administrative suspension of activities, the presence of the person against whom administrative proceedings underway, or representative of a legal person is required.
6. If the circumstances of the case in the production of administrative offence case may have a negative impact on minors, such persons may be suspended from participating in any proceedings.
Article 488. Victim 1. The victim is a person to whom an administrative offence adversely moral, physical or proprietary damage.
2. The injured party has the right to: 1) familiarize themselves with all the materials of the case;
2) give explanations;
3) submit evidence;
4) submit petitions and challenges;
5) enjoy legal aid;
6) to bring a complaint against the decision of an administrative offense.
3. the victim is entitled to use and other rights established by this code.
4. The case of an administrative offence shall be dealt with in the presence of the victim. In the absence of the injured case may be considered only in cases where there is evidence of its timely notice of the time and place for the consideration of the case, and if it had not received a request for deferment of consideration of the case, either in the meeting claimed the petition was denied.
5. the victim may be questioned as a witness in the manner prescribed by article 493 of the present code.
Article 489. Legal representatives 1. The interests of the person in respect of whom the administrative proceeding is underway, and the victim are minors or persons who due to their physical or mental disability cannot independently exercise their rights in cases of administrative offences shall have the right to protect their legitimate representatives.
2. Under the legal representatives of persons referred to in paragraph 1 of this article, means their parents, adoptive parents, tutors or guardians.
3. If the persons referred to in paragraph 1 of this article, there is no legal representatives, the authority empowered to consider the case, handling the case of an administrative offence, considers these individuals legal representative agencies of tutorship and guardianship.
4. the degree of kinship of the legal representatives of a minor against whom administrative proceedings conducted, and their powers are confirmed by relevant documents, certain legislation of Turkmenistan.
5. Legal Representative has in relation to the represented person the rights provided for in this code, and performs related duties.
6. In cases of administrative offences against minors the authority empowered to consider the case, may consider the presence of the legal representatives of those persons required.
Article 490. The representative of the legal persons 1. The rights of legal persons in the case of administrative violation carry out their representatives.
2. Representatives of a legal entity are considered to be the head of the legal person, as well as other persons who, in the manner prescribed by regulations of the Turkmenistan, entrusted to represent the legal person.
3. In the case of administrative violation, the legal person is considered dead in the presence of a representative of a legal person. In the absence of that representative of the legal person may be considered only where there is evidence of his timely notice of the time and place for the consideration of the case, and if it had not received a request for deferment of consideration of the case, either in the meeting claimed the petition was denied.
4. The authority empowered to consider the case, may consider the presence of a representative of a legal person, when considering cases on administrative offences mandatory.
Article 491. Defender and representative 1. To provide legal assistance to any person in respect of whom is production, in an administrative proceeding may participate as a defender, and legal assistance to victim-representative.
2. As a defender or a representative to participate in an administrative proceeding allowed Attorney-at-law or other person entitled to provide legal assistance.
3. the defender and representative be allowed to participate in an administrative proceeding since the drafting of the Protocol on administrative violation.
4. the defender and representative admitted to participation in administrative proceedings, the right to: 1) familiarize themselves with all the materials of the case;
2) submit evidence;
3) petition and objections;
4) participate in a case;
5) to bring complaints on the use of measures of administrative proceedings and the judgement on the case;
6) enjoy other rights in accordance with this code.
5. credentials of solicitor order registered and issued by the Bar Association. The powers of the representative and any other person providing the legal assistance, certified power of Attorney issued in accordance with the legislation of Turkmenistan.
6. the defender and representative are obliged to inform the body designated to consider the case of the circumstances stipulated in the first part of Article 499 of this code.
Article 492. Be bound by the presence of a lawyer
In cases of administrative offences committed by persons under the age of majority, or persons who due to their physical or mental disability cannot independently exercise their rights in cases of administrative offences, as well as on the demand of the person against whom it is production, the presence of a lawyer is mandatory.
Article 493. Witness 1. As a witness to give explanations can be caused by any person who may be aware of any circumstances that are relevant in the case of administrative violation.
2. in the call to the body with a mandate to consider the case, handling the case of administrative violation, the witness is required to appear at a specified time, provide truthful explanation about all the facts known to him in the case and to reply to the questions asked, to confirm his own signature explanations on the issues included in the Protocol.
3. the witness has the right to use the services of an interpreter free of charge, to put on record the relevant comments on correctness of records of his explanations and in cases envisaged by article 14 of the present Code, refuse to give explanations.
4. obtaining an explanation from minors under the age of fourteen years is carried out in the presence of a teacher or psychologist. Getting an explanation from a minor may be carried out only in the presence of his parents or the persons acting in their stead.
5. The witness shall be warned of the liability provided for in article 426 of this code for the knowingly false explanations.
Article 494. Persons who are not explanations can be obtained as a witness individuals from whom the explanation cannot be obtained as a witness, are: 1) a person who by reason of physical or mental disability cannot understand the circumstances relevant to the case of an administrative offence, and to give the correct explanations for such circumstances;
2) defender person committed an administrative offence, the circumstances reported him face, committed an administrative offence, in connection with the discharge of the duty counsel;
3) legal representative-about the circumstances which have become known in connection with the discharge of the duty of a legal representative.
Article 495. Witnesses 1. To participate in the proceedings, the official handling the case of an administrative offence, causes witnesses from among adults who are not interested in the outcome of the case. The number of witnesses may not be less than two persons.
2. If the search search effects, vehicles, repossessed belongings and documents, as well as when conducting a survey on the State of intoxication part of witnesses is required. Included handwritten signatures certify the Protocol committed in their presence to the proceedings, the content and the results of such action.
3. the participation of witnesses in administrative proceedings and their comments on the proceedings are in the Protocol.
4. If necessary, in the course of administrative proceedings from understood explanation can be obtained as a witness in the manner prescribed by article 493 of the present code.
Article 496. Specialist 1. Any person interested in the case of an administrative offence and has the expertise to assist in establishing, seizure and presentation of evidence, as well as in the application of technical means, can be caused by an officer in charge of the case, to participate in the proceedings of an administrative offense as a specialist.
2. The specialist shall have the right to: 1) familiarize themselves with the case materials on administrative offence in which he participates and which belongs to the sphere of its activities;
2) with the permission of the authority empowered to consider the case, handling the case of administrative violation, ask the person is manufacturing, the victim, witnesses, issues related to the case, which is being conducted by a specialist;
3) comments and explanations about actions taken.
3. The specialist shall: 1) appear when summoned by the body that is competent to hear the case, handling the case;
2) to participate in the establishment, seizure and placing evidence;
3) to give explanations about them;
4) and carrying the original signature of the Protocol to confirm the content and the results of those actions;
5) inform the body designated to hear the case, the caller of the specialist, quit, if you have one of the circumstances provided for in part 2 of Article 499 of this code.
4. Specialist warned of administrative liability under article 426 of the present Code, for knowingly giving false explanation, deliberate refusal to perform his or her duties or to appear on call.
Article 497. Expert 1. As an expert for examination and provide expert opinion invited a person with sufficient expertise in the field of science, arts, technology and other industries with a view to clarifying the relevant issues, and not interested in the outcome of the case on administrative violation.
2. the expert has the right to refuse extradition if its questions go beyond its expertise or if objects before it studies and materials in the case are unsuitable or insufficient for issuing opinions.
3. the expert shall have the right to: 1) familiarize themselves with the case materials relating to examination;
2) declare the application for submitting additional materials on the case, required for the issuance of the opinion;
3) to ascertain the information relating to the examination, with the permission of the body that is competent to hear the case, handling the case of administrative violation, ask questions to any person in respect of whom conducted the production, the victim, witnesses;
4) indicate, in its opinion, along with its terms of reference, issues and other circumstances related to examination and are considered relevant to the case;
5) be present at the hearing of the case.
4. the expert shall: 1) appear when summoned by the body that is competent to hear the case, the case of the administrative offence;
2) to conduct a comprehensive study of the charges against him of objects and materials of the case, give reasonable and objective opinions on raised before him;
3) to inform the body designated to hear the case, instituted the examination, her candidacy, if there is one of the circumstances provided for in part 2 of Article 499 of this code.
5. the expert warned of administrative liability under article 426 of the present Code, for obviously falsified findings, wilful refusal to perform his or her duties or to appear on call.
Article 498. 1 translator. Translator in administrative proceedings can be any person, no interest in the outcome of the case on administrative offence, the age of majority and are in possession of the necessary languages for translation.
2. The interpreter shall be appointed by the authority competent to consider the case, handling the case of administrative violation.
3. Translator shall present himself when summoned by the body authorized to deal with the case, handling the case of an administrative offense, completely and accurately carry out translation and handwritten signature to assure the correctness of the translation.
4. The translator is obliged to inform the caller of his body authorized to deal with the case, quit, if one of the circumstances provided for in part 2 of Article 499 of this code.
5. The translator shall be administratively liable under article 426 of the present Code, knowingly incorrect translation, the wilful failure to perform their duties or to appear on call.
Article 499. Circumstances precluding participation in administrative proceedings 1. Shall not be entitled to participate as an lawyer or representative in administrative proceedings, the State body that monitors compliance with the order of proceedings on administrative offences after the Commission of the administrative offence, and persons who have previously acted in the case as other participants.
2. Specialist, expert and translator does not have the right to participate in administrative proceedings, if he: 1) is in a relationship with a person who has committed an administrative offence, the representative of the legal person or legal representative, advocate, Prosecutor, Member of the Commission, judge or official handling the case of an administrative offence;
2) previously made in this case as the other party;
3) if there is sufficient reason to believe about his direct or indirect interest in the outcome of the case.
Article 500. Disqualification individuals whose participation in administrative proceedings is excluded 1. Defender, representative, specialist, expert or translator will be subject to exclusion from participation in administrative proceedings, if the circumstances provided for in Article 499 of this code.
2. The disqualification to participate in proceedings on administrative offences, persons referred to in paragraph 1 of this article may be made by any of the parties to the proceedings. Statement of rejection or withdrawal seems the body designated to hear the case, handling the case of administrative violation.
3. in its consideration of the statement of rejection or withdrawal of authority to consider the case, accepts the decision about approval or denial of the application.
Chapter 27. Evidence in administrative proceedings. Evaluation of evidence Article 501. Circumstances to be proved in an administrative proceeding as a result of administrative proceedings should be installed: 1) event (time, place, method and other circumstances of) and the composition of the administrative offence;
2) a person who has committed an administrative offence;
3) this person's guilt in committing an administrative offence, the shape of his guilt, the motives of the offense;
4) circumstances extenuating or aggravating the administrative responsibility;
5) the nature and extent of injury suffered as a result of an administrative offence;
6) circumstances precluding administrative proceeding;
7) other circumstances of importance for the proper determination of the case, as well as the causes and conditions that contributed to the Commission of the administrative offence.
Article 502. Evidence 1. Evidence in the case of an administrative offence are any factual information on the basis of which the present code defined the authority empowered to consider the case, determines the presence or absence of administrative offence, the guilt or innocence of the person committing it and other circumstances of importance for the proper determination of the case.
2. the data referred to in paragraph 1 of this article shall be established by a Protocol on administrative violation, explanations of the person brought to administrative responsibility, explanations of the victim, witnesses, expert opinion, testimony of special technical equipment, material evidence, Protocol on seizure of property and documents, as well as other documents.
3. It is not allowed to use evidence obtained under mental or physical abuse, as well as other illegal means.
Article 503. Evidence 1. Material evidence in the case of an administrative offence are items which have become a weapon in committing an administrative offence or administrative offence poses a direct threat, or objects that retain traces of the administrative offence and therefore help to establish the circumstances relevant to the determination of the case.
2. Where necessary, made photos of exhibits, which are attached to the case of an administrative offence. Information about the exhibits found in the Protocol on administrative violation.
3. The authority empowered to consider the case, handling the case of an administrative offence, is obliged to take the necessary steps to secure physical evidence until the end of the case, and at the end of the proceedings on administrative violation, make a decision about the exhibits.
Article 504. Explanations of the person in respect of which the production is 1. Explanations of the person against whom the order is notified to them are considered manufacturing in oral or written form, information about known facts and information about the available evidence in the case.
2. Explanations of the person in respect of which the production is reflected in the Protocol on measures to administrative proceedings and examination of the case in the Protocol on administrative violation. Where necessary, an explanation in writing and attached to the case of an administrative offence.
Article 505. Explanation of the victim and witnesses 1. Explanations of the victim and witnesses shall be deemed notified them orally or in writing the circumstances to be ascertained on a case of administrative violation.
2. Explanation of the victim and witnesses are reflected in the Protocol on administrative violation, Protocol on measures to administrative proceedings and examination of the case in the Protocol on administrative violation. Where necessary, an explanation in writing and attached to the case of an administrative offence.
3. Testimonial explanation with reference to the data, the source of which is unknown, shall not be deemed to be evidence.
Article 506. Documents 1. Documents are considered evidence in the case if they contained and certified officials of enterprises, institutions, organizations or individuals for information relevant for administrative proceedings.
2. documents may reflect the information set out in oral or written form. Photographs, audio, video, or animation materials, databases, data banks and other media relevant information considered.
3. The authority empowered to consider the case, handling the case of an administrative offence, is obliged to take the necessary measures to ensure the safety of documents until the end of the case, and at the end of the proceedings on administrative violation-decide about them.
Article 507. The testimony of special technical means 1. Special technical means are measuring devices approved as a measuring instrument in the manner prescribed by normative legal acts of Turkmenistan, and withstood the metrological tests.
2. the testimony of special technical means are reflected in the Protocol on administrative violation in the manner prescribed by normative legal acts of Turkmenistan.
Article 508. Examination 1. Examination may be appointed by resolution of the authority, the authority to deal with the case in order to clarify the issues that require special knowledge in the field of science, arts, technology and other industries to address the issues that are important in the administrative proceedings.
2. the decision shall specify: 1) grounds for the appointment of the examination;
2) surname, name, patronymic name of the expert or name of institution where examination is to be held;
3) issues on which expert should give an opinion;
4) materials transmitted made available to the expert;
5) clarification of the expert his rights and obligations and on the prevention on responsibility for obviously falsified findings.
3. Issues laid upon the expert, should not go beyond its expertise.
4. The authority empowered to consider the case, handling the case of an administrative offence, is obliged to acquaint the person in respect of whom is production, as well as the injured with the decision on the appointment of the examination, explain their rights.
5. the expert shall determine on its own behalf and signs it. In the opinion of the expert, the date and place of the examination, the basis for the examination, the answers to the questions posed to the expert, and final conclusions.
6. In case of lack of clarity or incompleteness of the conclusions of the expert, as well as in the case of new issues with respect to the previously examined circumstances additional expertise may be imposed, in cases of unfounded conclusions or doubts about its rightness or in scenarios where you need to research the same objects and solve the same issues-re-reviewing.
Article 509. Obtaining additional information 1. The authority empowered to consider the case, handling the case of an administrative offence, may order the disclosure of additional information required to resolve the case.
2. additional information for three days after their discovery, and in cases of administrative offences provides for administrative detention, should be sent immediately to the authorities, who claimed them.
3. In case of impossibility to provide the inquired information related enterprises, institutions, organizations must in a three-day period in writing, so inform the authority, ruled on the discovery of additional information.
Article 510. Evaluation of evidence 1. The judge, Member of the Commission, the official estimate of proving their moral certainty, based on a comprehensive, full and objective study of all the circumstances of the case and the evidence as a whole, in accordance with the law, relevance or admissibility of evidence and their sufficiency for settlement of the case.
2. no evidence has prearranged by force.
Article 511. Transfer the materials to the Prosecutor, the pre-trial investigation or inquiry If, in a case, having the jurisdiction to decide the case, finds that the dead offense contained signs of a crime, he gives materials to the Prosecutor, the pre-trial investigation or inquiry.
Chapter 28. The application of measures of administrative proceedings Article 512. Measures for administrative proceedings 1. In order to prevent administrative offences, identification of the offender when the impossibility of drafting a Protocol on administrative violation on site, for a report on an administrative offence, ensure timely and correct processing of cases on administrative offences and the enforcement of judgements in the case the appropriate officials within the limits of their authority have the right to apply the following measures to ensure the administrative proceedings: 1) conveyance;
2) administrative detention;
3) search the person and inspect things available to him;
4) inspection of motor vehicles;
5) examination of the territory, premises, goods, other assets and documents belonging to a legal person, its subsidiary, representation offices and manufacturing plants or natural person carrying out business activity without establishment of legal entity;
6) repossession of property and documents (except for the passport or other identity document);
7) suspension from driving;
8) survey on the State of intoxication;
9) the detention of vehicles;
10) prohibition of the use of vehicles;
11) drive;
12) temporary prohibition of activity.
2. the application of these measures ensure administrative proceeding is permitted in accordance with this code, and after you have exhausted other interventions, of which shall be notified to the Prosecutor.
3. Damage incurred due to unlawful use of measures of administrative proceedings referred to in paragraph 1 of this article shall be compensated in accordance with the legislation of Turkmenistan.
Article 513. Delivery 1. With a view to drawing up a Protocol on administrative violation if you cannot compose it in place, if the drawing up of the Protocol is required, a person may be delivered to the internal affairs agencies or other State organ of internal affairs organs officer or official who, in accordance with article 532 of this code has the right to be a Protocol on administrative violation.
2. Delivery must be made as soon as possible. Finding the face delivered to the authority of the Interior or other government body cannot take more than one hour.
3. Delivery shall be executed or the Protocol in the Protocol on administrative violation or in a protocol of administrative detention and its copy shall be served on a person at his request.
Article 514. Administrative detention
1. administrative detention, i.e. restriction of freedom of person committed an administrative delinquency for the short term, applies in exceptional circumstances, if such measures are necessary to ensure proper and timely consideration of cases on administrative offences or the execution of the order in the case of administrative violation.
2. administrative detention is entitled to exercise the following authorities: 1) internal affairs agencies in cases that present code assigned to their competence in identifying administrative offences on which they are drawn up protocols on administrative offences, as well as identifying any administrative offences in the case of the officials authorized to draw up protocols on relevant administrative offences;
2) border troops and border control authorities-when detecting violations of the order of crossing the State border of Turkmenistan or the rules established to ensure the border regime in the strip of border control, in the border zone and at crossing points on the State border of Turkmenistan;
3) departmental services or paramilitary security at the location of the protected object-when identifying the administrative offences involving the infliction of damage to their protected object or property or infringement of such an object or property, as well as the penetration of their protected zone;
4) military service automotive inspections in identifying violations of traffic rules by drivers operating vehicles, or other individuals of the armed forces of Turkmenistan;
5) Commandant of the territory in which the State of emergency is introduced, in identifying violations of the State of emergency;
6) public service bodies for the protection of the security of a healthy society-in cases which present code assigned to their authority, as well as in the identification of administrative offences for which they have compiled reports on administrative offences;
7) organs of State Customs Service-at revealing of infringements of customs rules;
8) migration service authorities-in cases which present code assigned to their authority in cases of violations by foreign citizens and stateless persons in Turkmenistan travel, stay in Turkmenistan, departing from Turkmenistan and transit through the territory of Turkmenistan, if necessary, the protection of public health or morals, for the protection of the rights and legitimate interests of citizens and other persons, as well as in other cases provided by the present code.
3. the list of officers authorised to carry out administrative detention in accordance with part 2 of this article establishes the normative legal acts of Turkmenistan.
4. Concerning the detention of persons for committing an administrative offence, on its seat shall be notified his next of kin, if it so desires, by the administration of the place of work or study, as well as defender. The detention of a minor notice his or her parents or persons in loco parentis, necessarily.
5. Administrative detention of military personnel and other persons subject to disciplinary statutes promptly notified body in which the detainee is held service.
6. Administrative detention of foreign citizens or stateless persons within 24 hours shall be notified to the Ministry of Foreign Affairs of Turkmenistan.
Article 515. Periods of administrative detention 1. The administrative detention of a person committed an administrative delinquency shall not exceed three hours, except the cases stipulated by the second and third parts of this article.
2. Persons who violate the order of crossing the State border of Turkmenistan or the rules established to ensure the border regime in the strip of border control, in the border zone and at crossing points on the State border of Turkmenistan, could be detained for up to three hours to report, and, where necessary, to identify and clarify the offence before three days written notice to the Prosecutor within twenty-four hours from the moment of detention or for up to 10 days with the approval of the Prosecutor If violators do not have documents certifying their identity.
3. The perpetrators of petty hooliganism, violation of the order of organizing and holding assemblies, rallies and demonstrations in violation of an order of stay on the territory of Turkmenistan, as well as persons in respect of whom there are adequate grounds for believing that they are involved in prostitution or entering into sexual relations with prostitutes may be detained until the proceedings, but for no longer than twenty-four hours.
4. Administrative detention is calculated from the date of bringing the violator to a Protocol, and a person who is intoxicated, since its sobering up.
Article 516. Protocol on administrative detention 1. Administrative detention record indicating the date and place of its preparation, place of work, position, name, surname and patronymic of the person who made the Protocol; information on the identity of the detainee; time and reasons of the detention.
2. the Protocol on administrative detention order signed by an official of his posting, and detainees. In case of refusal of the detainee from the signing of the Protocol an appropriate entry is made in it of this.
3. a person detained administratively, explained his rights and obligations, and about the appropriate entry is made in the Protocol on administrative detention.
4. A detained person has the right to give explanations and to submit their comments on the content of the Protocol, as well as indicate the reasons for refusal. Explanation and comments the detainee shall be attached to the Protocol. A copy shall be served on the person to which you will apply administrative detention at his request.
Article 517. Ensuring the right of persons in respect of whom the administrative detention is applied 1. To ensure the rights laid down in this code the person in respect of whom the administrative detention is applied, the following action shall be taken: 1) acquaintance of the detainee with a Protocol on administrative violation;
2) message to a detainee, for what reason he was detained;
3) respect for the personality and dignity detainee when handling them;
4) provision of the detainee the opportunity to liaise with his counsel and to meet with him;
5) in the absence of the detainee had his counsel been taken for its counsel.
2. Persons against whom used administrative detention are contained in the ground, certain legal acts of Turkmenistan.
3. Persons in respect of whom the administrative detention is applied, taking into account the constraints arising from the need to ensure proper and timely processing of cases about administrative offences or the execution of the order in the case of an administrative offence, stipulated by the present Code, are guaranteed their rights and freedoms, they cannot be exempted from enforcement of civil obligations, except in cases established by law.
Article 518. Personal searches of the person and personal things in it 1. Personal searches of the person and personal things in it, is made with a view to detecting instruments or items of administrative offences officials referred to in the first part of article 513 and 514 articles in part three of the present code.
2. Body searches of persons is carried out by a person of the same sex with the searched and in the presence of two witnesses of the same sex.
3. Inspection of things in person (carry-on luggage, hunting and fishing, bagged produce and other items) is carried out in the presence of the person in whose possession the property or they are. In cases of urgent cases, these things can be inspected with the participation of two witnesses in the absence of the owner (owner). Received by such evidence cannot be admitted as the sole justification for the guilt of the person brought to administrative responsibility.
4. On the search of a person and search the things that are in it, a protocol or an appropriate entry is made in the Protocol on administrative violation or in a protocol of administrative detention.
5. In the Protocol to search persons and inspection of things in it, shall contain the following: 1) date and place of composition;
2) place of work, position, name, name and patronymic made the Protocol official;
3) the surname, forename and patronymic of witnesses, addresses of their places of residence;
4) details of the person in respect of which inspection is carried out;
5) information about the types, numbers and other distinguishing signs of things discovered in the search.
6. the Protocol shall be signed by the officer, his posting, a person against whom administrative proceedings or is the owner of dosmatrivaemyh things and understood. In case of refusal of the person against whom administrative proceedings or is the owner of dosmatrivaemyh things from the signing of the Protocol an appropriate entry is made in it of this. A copy shall be served on the person against whom administrative proceedings or is the owner of dosmatrivaemyh things 7. Personal searches of the person and personal things in it, is made in the Customs authorities in accordance with the legislation of Turkmenistan.
Article 519. Inspection of the vehicle 1. Inspection of the vehicle is a vehicle inspection, conducted without violating its structural integrity, with a view to detecting instruments or items of administrative offence, the officials referred to in the first part of article 513 and 514 articles in part three of the present code.
2. Inspection of the vehicle is made in the presence of the owner of the vehicle that has the right to show his vehicle in General and its desired locations, and two witnesses. In cases of urgent cases, the vehicle may be subjected to a search involving two witnesses in the absence of the owner. Received by such evidence cannot be admitted as the sole justification for the guilt of the person brought to administrative responsibility.
3. Where necessary for the purpose of registering evidence applied photography and video recording.
4. On the vehicle inspection report indicating: 1) date and place of composition;
2) place of work, position, name, name and patronymic made the Protocol official;
3) the surname, forename and patronymic of witnesses, addresses of their places of residence;
4) vehicle owner information;
5) grounds for the inspection of the vehicle;
6) information about the type, make, model, State registration plate and other distinctive signs of the vehicle;
7) types of things;
8) types and details of documents.
5. In case of use in the course of examination of photography, videos about this entry is made in the Protocol on inspection of the vehicle. Materials obtained during the inspection using photography, video recording, are attached to the corresponding protocol.
6. the Protocol on inspection of the vehicle shall be signed by the officer, his posting, a person against whom administrative proceedings underway, or the owner of the vehicle and understood. In case of refusal of the person against whom administrative proceedings underway, or owner of a vehicle from the signing of the Protocol an appropriate entry is made in it of this. A copy shall be served on the person against whom the case is about an administrative violation, or the owner of the vehicle being searched.
Article 520. Examination of the territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity 1. Examination of the territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity, is to detect objects which instrument or administrative offence poses a direct threat, officials have the right to draw up a report on administrative offence set forth in article 532 of this code.
2. survey of the territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity, shall be carried out in the presence of a representative of a legal entity or physical person carrying out business activity without establishment of legal entity, and two witnesses.
3. If necessary, with a view to consolidating evidence applied photography and video recording.
4. An inspection of the territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity, shall be drawn up, indicating: 1) date and place of composition;
2) place of work, position, name, name and patronymic made the Protocol official;
3) the surname, forename and patronymic of witnesses, addresses of their places of residence;
4) information about the legal entity or natural person undertaking business activity without establishment of legal entity, inspection of premises and territories which is held;
5) information about territories and visited the premises;
6) type, quantity, and other indications of goods and other property;
7) types and details of documents.
5. In case of use in the course of examination of photography, videos, writes about it in the Protocol inspection territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity. Materials obtained during the inspection using photography, videos are attached to the corresponding protocol.
6. the Protocol on inspection of the territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity, shall be signed by the officer, his perception, representative of a legal entity or a natural person carrying out business activity without establishment of legal entity and understood. In case of refusal of the representative of a legal entity or a natural person carrying out business activity without establishment of legal entity, from the signing of the Protocol an appropriate entry is made in it of this. A copy is handed to the supervisor or representative of a legal entity or natural person carrying out business activity without establishment of legal entity.
Article 521. Repossession of property and documents 1. Property and documents, as well as items that were directly targeted or tool of administrative offence, found at the scene of the administrative offences or when a personal search or inspection of things or of the vehicle when viewed from the territories, premises, goods, other assets and documents belonging to a legal person or natural person carrying out business activity without establishment of legal entity, and relevant to the case as evidence, shall be in the presence of two witnesses, officials specified in the first part of article 513 and paragraph 3 of article 514 of the present Code, as well as having the right make up protocols on administrative offences pursuant to article 532 of this code.
2. In the case of seizure of documents produced copies certified by official documents, iz″âvšim and passed to the person from whom the documents were seized, what statement in the Protocol.
3. When committing an administrative offence for which the imposition of an administrative penalty in the form of restrictions on the right of the driver, the skipper to operate a vehicle, and in all cases where the ruling handed down by an employee of road service oversight, contested party traffic, the driver is withdrawn, the driving licence-a boatmaster's licence until a ruling on the case of the administrative offence, what is done in the entry Protocol, and these persons will be issued a temporary permit for vehicles. In the case of adoption of the regulation on the restriction of the right to drive vehicles driver's license, a boatmaster's licence is not returned to the owner. The period of validity of the temporary permit for driving will be extended until the expiration of the time limit for filing in the manner prescribed by the legislation of Turkmenistan, complaints about the ruling on the restriction of the right to drive vehicles or to the decision on the complaint.
4. The seizure of property and documents shall be drawn up either this is indicated in the Protocol on administrative violation or in a protocol of administrative detention.
5. In the Protocol on seizure of property and documents shall specify: 1) date and place of composition;
2) place of work, position, name and surname of the official who made the Protocol;
3) the surname, forename and patronymic of witnesses, addresses of their places of residence;
4) information about the person from whom the seized property and documents;
5) grounds for seizure of property and documents;
6) types and details of recovered documents;
7) type, quantity and characteristics of the seized assets, including the brand or model of recovered arms, its caliber, serial number, information about the type, make, model, State registration plate and other distinctive signs of a seized vehicle.
6. If, in the course of the seizure of property and documents were shot photos, made videos of the entries made in the Protocol. Materials related to the seizure of property and documents obtained as a result of the use of photography, video, use other means permitted, are attached to the corresponding protocol.
7. the Protocol on seizure of property and documents shall be signed by the officer, his posting, the person from whom the seized items and documents, as well as understood. In case of refusal, the person from whom seized property and documents, from the signing of the Protocol in it to write about it. A copy shall be served on the person against whom is production, or his legal representative.
8. If necessary, seized equipment and documents are packaged right on the spot. Before the case of administrative violation confiscated property and documents are stored in places defined by the bodies engaged in their deletion, and after examining the case, depending on the outcome of its consideration, the property and documents in the prescribed manner shall be confiscated or returned to the owner or destroyed and compensated when repossessed property is implemented with the return of the proceeds to the owner.
9. When committing administrative offences envisaged by this code in respect of Turkmenistan, State Awards, Medal, order of the badge to the honorary rank of Turkmenistan is exempted from the offender. After the case is seized from the offending order, Medal, badge to the honorary rank of Turkmenistan shall be returned to their rightful owner, but if he is sent to the relevant executive authority.
10. Confiscated firearms as well as ammunition and other ammunition stored in the manner prescribed by the respective body.
11. perishable goods Seized are passed to implement the relevant United Nations bodies, and in case of impossibility of their realization is destroyed.
12. The seized narcotic drugs and psychotropic substances, ethanol, alkogolesoderžaŝie and alcohol products that do not meet the standards established by normative legal acts of Turkmenistan, the sanitary norms and rules, hygienic norms, are sent to a secondary processing or destroyed in the manner prescribed by the authority competent to hear the case.
13. Samples of seized and subject to destruction of narcotic drugs and psychotropic substances, alkogolesoderžaŝih and ethyl alcohol, alcohol-containing products are stored before the entry into force of the regulation in the case of administrative violation.
14. During the detention of contraband to ensure fine allowed seizure of things (valuables) from a person who has committed, if the latter does not have a permanent place of residence in Turkmenistan.
15. To the person who has committed an administrative offence in the performance of their duties, the seizure of his property and documents, personal searches and inspect things inspection of vehicle applied only in cases of urgent cases, in the manner prescribed by the legislation of Turkmenistan.
Article 522. The seizure and destruction of food with high content of substances harmful to human health 1. For committing administrative offences stipulated by the present Code, food containing substances harmful to human health in excess of the maximum permissible levels are, and after consideration of the case of an administrative offence are destroyed if it is not possible to use them for other purposes.
2. destruction of foodstuffs referred to in paragraph 1 of this article, shall be carried out in accordance with procedure established by the Cabinet of Ministers of Turkmenistan.
Article 523. Score seized property 1. Score seized property shall be made in the following cases: 1) determine the size of the payment of the cost of the object, which was the direct object of the administrative offence;
2) if the seized items are categorized as perishable and they sent for destruction;
3) if ethanol, alkogolesoderžaŝie and alcohol-containing products aimed at recycling or destruction.
2. For the assessment of property seized apply the state regulated prices if prices are regulated by the State. In other cases, seized property assessment, on the basis of market prices.
Article 524. Suspension from driving and intoxication testing 1. The person driving the vehicle, suspended from his Office in the following cases: 1) if the person managing the detained vehicle, or any of the passengers travelling with him, no driver's license or registration certificate of the vehicle, or any other basis, giving the right to control the vehicle, as well as doubts about the authenticity of these documents;
2) in the absence of, forgery or non-standard characters State of registration of the vehicle or one of these characters, as well as if the vehicle is fitted with additional items not provided by the manufacturer and threatening traffic safety;
3) when there is a mismatch between the numbers of the engine, bodywork or the chassis of the detained vehicle numbers specified in the State registration certificate of the vehicle;
4) if the detained vehicle is not registered in the established order;
5) if the detained vehicle driven by a person in respect of whom there are reasonable grounds to believe that it is in a State of intoxication, refuses to undergo examination on the State of intoxication and while none of the passengers travelling with him, no driver's license or other reasons, to control the vehicle, or a vehicle operated by a person limited in this law;
6) driving in painful condition in the State of fatigue, if this could jeopardize safety.
2. Administering motor vehicles the person in respect of whom there are adequate grounds for believing that they are in a State of intoxication, are subject to the inspection of the State of intoxication using special technical means or in for a medical examination.
3. The suspension from driving and examination on the State of intoxication using special technical means or direction on the medical examination report, a copy of which shall be served on the person against whom the measure applies.
4. the Protocol on removal from the vehicle control and examination of the State of intoxication using special technical means or the direction of a medical examination shall contain: 1) the place, date and time of preparation;
2) place of work, position, name, name and patronymic made the Protocol official;
3) grounds for suspension from driving and clearances intoxication or referral to a medical examination;
4) details of the person controlling the vehicle;
5) information about the type, make, model, State registration plate and other distinctive signs of the vehicle.
5. Protocol on the removal from driving and examination on the State of intoxication using special technical means or the direction of a medical examination shall be signed by the officer and his driver, the master, in respect of which measures have been taken to suspension from driving and inspection of the State of intoxication using special technical means or in for a medical examination. In case of failure of the driver, the skipper of the signing of the Protocol outlined in the Protocol.
6. A medical examination on the State of intoxication and registration of the results of the inspection shall be made in the manner prescribed by the legislation of Turkmenistan.
7. the Act concerning medical examination on the State of intoxication shall be attached to the relevant Protocol.
Article 525. The detention of the vehicle 1. In the cases provided for by part one of article 524 of the present Code, the designated official is made the temporary detention of the vehicle on a guarded parking lot.
2. If the reason for the detention of the vehicle can be repaired within three hours, the vehicle left the employee body with a mandate to consider the case, true the vehicle from traffic. Upon presentation of the necessary documents on eliminating these causes or contentious circumstances, or imposition of an administrative penalty for the offence, a detained vehicle immediately returned it to the owner.
3. If the reason for the detention of the vehicle cannot be repaired within three hours, the vehicle is delivered to the guarded parking lot body mandated to consider the case. Upon presentation of the necessary documents on eliminating these causes or contentious circumstances, or imposition of an administrative penalty for the offence of paying the costs of rendering the vehicle parked and the content of his parked vehicle arrested immediately returned it to the owner.
4. the detention of the vehicle is issued by Act, drawn up in accordance with article 519 of the present Code, in two copies, the first copy of which is attached to the Protocol on administrative violation, and the second instance is awarded to the person who manages your vehicle.
Article 526. Prohibition of the use of motor vehicles vehicles with defective braking system or a failure in the steering equipment, or with fatal malfunctions of external lighting devices (at night), or windshield glass (in the days of precipitation), wheels, tires, and other structural elements of the forbidden body empowered to consider the case.
Article 527. Drive 1. In the cases provided by paragraph 3 of article 542 and part 3 of article 545 of the present code is allowed drive natural person against whom administrative proceedings underway, or representative of a legal person, the legal representative of a minor who has been called to administrative responsibility, as well as a witness.
2. drive shall not be used as a measure of administrative proceedings against minors and pregnant women.
3. The drive is carried out by the authority of the Interior on the basis of the decision of an authorized officer of the place of residence or stay of persons subjected to detention, in the case of administrative violation.
Article 528. Temporary prohibition of activities 1. A temporary ban is to cease the activity of the person carrying out business activity without establishment of legal entity, a legal person, its branches, agencies, departments, industrial sites, as well as the operation of units, installations, buildings or structures, the implementation of certain types of work, provision of services for a fixed period before consideration of case of administrative violation. Temporary prohibition of activity may apply if for committing administrative offences provided for the appointment of an administrative penalty in the form of administrative suspension of activities.
2. A temporary ban may be imposed only in exceptional cases, if it is necessary to prevent an imminent threat to life or health, epidemics, epizootics, infecting the quarantine objects of quarantine pests, the onset of radiation, chemical accidents or other emergencies, causing substantial harm to State or the quality of the environment Wednesday, to address violations of the rules of attraction of foreign citizens and stateless persons to employment and if preventing the circumstances in other ways impossible.
3. If there is a violation of the legislation of Turkmenistan on combating the legalization of income, received by criminal way and terrorism financing temporary prohibition is applicable. When the suspension of transactions on bank accounts is made in accordance with the legislation of Turkmenistan on combating the legalization of income obtained by criminal means and the financing of terrorism.
4. Temporary prohibition of activity, the official having the right under article 532 of this code constitute a Protocol on administrative violation, which can be assigned an administrative penalty in the form of administrative suspension of activities.
5. On temporarily ban on activity in the presence of two witnesses report that specifies: 1) the basis of the application of the measures for administrative proceedings;
2) date and place of composition;
3) place of work, position, name, name and patronymic made the Protocol official;
4) the surname, forename and patronymic of witnesses, addresses of their places of residence;
5) details of the person in respect of whom is production;
6) object of activity subjected to temporary interdiction activities;
7) time of actual termination of activity;
8) explanations of the person carrying out business activity without establishment of legal entity or representative of a legal person.
6. Protocol on temporarily ban the activities of who signed his official person, carrying out business activity without establishment of legal entity or representative of a legal person and understood. In case of refusal of the representative of the legal entity or person carrying out business activity without establishment of legal entity, from the signing of the Protocol an appropriate entry is made in it of this.
7. A copy of the Protocol on the temporary ban on the activities of a receipt is handed over to the person conducting business activity without establishment of legal entity, and the head or representative of a legal person.
Article 529. The period of temporary prohibition of activities 1. The period of temporary prohibition of activity should not exceed three days.
2. The period of temporary prohibition of activities is calculated from the moment of actual termination of activities of the person carrying out business activity without establishment of legal entity, a legal person, its branches, agencies, departments, industrial sites, as well as the operation of units, installations, buildings or structures, the implementation of certain types of work, provision of services.
Chapter 29. The initiation of administrative proceedings Article 530. Reasons and grounds for the institution of administrative proceedings 1. Motives for instituting administrative proceedings are: 1) the direct identification of an official body with a mandate to consider the case, sufficient circumstances indicating the presence of events of the administrative offence;
2) contributions from State bodies, bodies of local self governance and public organizations;
3) information submitted by individuals and legal entities, their statements, as well as information distributed through the mass media.
2. review of the materials, information and statements by an official body that is competent to hear the case, has the right to initiate administrative proceedings, which establishes the normative legal acts of Turkmenistan.
3. the presence of these materials, information and statements, signs indicating the presence of events of the administrative offence, and the absence of circumstances excluding administrative proceedings, are the bases for the institution of administrative proceedings.
4. If sufficient grounds and one of the circumstances provided for in paragraph 1 of this article, instituted administrative proceedings.
5. Administrative production is started: 1) when compiling the first Protocol on the application of the measures provided for under Article 512 of the present code;
2) in compiling the first Protocol on administrative violation or a Prosecutor of the decision to Institute administrative proceedings;
3) when an order of carrying out administrative investigations in cases where an administrative inquiry in the course of administrative proceedings deemed necessary.
6. In the case of unfounded reasons referred to in paragraphs 1 and 3 of the first paragraph of this article, the reasoned decision to quash instituting administrative proceedings.
7. A copy of the order to quash instituting administrative proceedings shall be sent to the persons who have submitted relevant materials, information and statements.
8. In the absence of grounds for the commencement of administrative offence can be made the decision to dismiss the administrative proceedings.
(As amended by the law of Turkmenistan on May 3, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 2, p. 79) article 531. Protocol on administrative violation 1. In all cases, except as provided for in articles 436 and 534 of this code, an administrative offence is made out sample Protocol approved normative legal acts of Turkmenistan relating to documents of strict accountability, which States: 1) date and place of composition;
2) place of work, position, name and surname of the official who made the Protocol;
3) information about the physical and legal person committed an administrative offence;
4) place the time of the Commission of the administrative offence and the creature;
5) article of this code, providing for responsibility for the administrative offence;
6) surnames, names, patronymics and addresses of witnesses and victims;
7) an explanation of the person against whom administrative proceedings underway, or representative of a legal person;
8) other information needed for administrative proceedings.
2. In drawing up the Protocol, the person against whom administrative proceedings underway, or representative of a legal person explains their rights and obligations under this code and the Protocol done writing about this.
3. The person against whom administrative proceedings underway, or the representative of the legal person shall have the opportunity to familiarize themselves with the Protocol on administrative violation.
4. the minutes shall be signed by the person who submitted it, and the person in respect of whom the administrative proceeding is underway, or representative of a legal person, in the presence of witnesses and victims, the Protocol can be signed also by these persons. In case of refusal of the person against whom administrative proceedings underway, or representative of a legal entity from the signing of the Protocol an appropriate entry is made in it of this. A person against whom administrative proceedings underway, or legal representative has the right to give explanations and to submit their comments on the content of the Protocol, as well as indicate the reasons for refusal. His explanation and the comments attached to the Protocol. Person against whom administrative proceedings underway, or representative of a legal person, as well as the injured party a copy of the Protocol shall be served against signature.
Article 532. Officials authorized to prepare Protocol on administrative violation 1. Designated officials shall have the right to prepare Protocol on administrative violation under the relevant administrative offences provided for in the special part of this code.
2. In addition to those provided for in paragraph 1 of this article, the Protocol on administrative violation have the right to be public officials, their departments and local authorities in accordance with the tasks entrusted to them by the present Code, laws and other normative legal acts of Turkmenistan.
3. the officers of the internal affairs agencies of Turkmenistan have the right to draw up a report on administrative offence misdemeanour provided for in the special part of this code.
4. The list of officials who have the right to draw up a report on an administrative offence is determined by the normative legal acts of Turkmenistan.
5. officials authorised to draw up a report on an administrative offence are obliged to identify themselves with the presentation of certificates, confirming their identity, to refrain from actions in violation of normal life and quiet citizens.
6. Protocol on administrative violation immediately goes to the authority empowered to consider the case.
Article 533. Deadlines for drafting a Protocol on administrative violation 1. When identifying the event administrative offence report of administrative offence drawn up immediately.
2. If you need additional clarification of the circumstances of the case or the data on the physical person or legal person against whom administrative proceedings are instituted, the Protocol on administrative violation shall be drawn up within three days from the moment of detection of administrative offence, except as provided by paragraph 2 of article 515 of the criminal code.
3. In cases of administrative investigation report on administrative offence drawn up after the completion of the administrative investigation within the period specified in section 5 of article 535 of the present code.
Article 534. Cases where a report of administrative offence drawn up not 1. Protocol on administrative violation has not been compiled, if the administrative penalty for the committed an administrative offence shall be imposed a warning. In such cases, the formalization of warnings produced body empowered to consider the case where an administrative offence.
2. In the cases referred to in paragraph 1 of this article, if you do not wish to accept the person against whom it is production, with the presence of events of administrative offence or imposed view of administrative penalty shall develop a Protocol on administrative violation.
3. For the administrative offence committed during the consideration of the case in court, not an administrative Protocol is made and actions of administrative offence, their contents and the results set out in the Protocol of the trial.
Article 535. Administrative investigation 1. The administrative inquiry is carried out, if necessary, examination and other proceedings on administrative offences related to finances, taxes, duties, customs affair, traffic regulations, fire safety and others who after discovering require a sufficient amount of time.
2. order instituting administrative proceedings and conducting the administrative inquiry is made official, authorized to draw up a report on an administrative offence. A copy of the ruling shall be sent to the Prosecutor.
The Prosecutor has the right to order instituting administrative proceedings and the conduct of administrative investigations.
3. the order instituting administrative proceedings and conducting an administrative investigation shall specify: 1) date and place of issuance;
2) place of work, position, name, name and patronymic of the court official;
3) reasons for the institution of administrative proceedings and information establishing the existence of the event administrative offence;
4) article of this code, providing for responsibility for the administrative offence.
When an order instituting administrative proceedings and conducting an administrative investigation to any person in respect of whom it is made, as well as other parties to administrative proceedings explained their rights and responsibilities under this code, what is being done by an order record. A copy of the order shall be served within 24 hours under a receipt or be sent to any person in respect of whom it is made, as well as the victim.
4. An administrative investigation carried out at the place of the Commission of the administrative offence.
5. the investigation shall be completed not later than one month from the moment of initiation of administrative proceedings. In exceptional cases, at the request of the authority, the authority to deal with the case in handling the case of an administrative offence, the term of carrying out an administrative investigation may be extended for up to two months.
6. After the completion of an administrative investigation shall develop a Protocol on administrative violation.
Article 536. Referral Protocol (decision of the Prosecutor) for consideration 1. Protocol (Procurator) an administrative offense shall be immediately sent to the appropriate body designated to hear the case.
2. Protocol (Procurator) of administrative offence, providing for administrative detention, after drawing up immediately goes to court.
Article 537. The suspension of the administrative proceedings 1. Administrative proceedings may be suspended in the following cases: 1) if the person against whom administrative proceedings underway, has fled or is otherwise impossible to establish his whereabouts;
2) If a person against whom administrative proceedings is whether mental or other severe illness;
3) If you do not have the physical or legal person who has committed an administrative offence;
4) if in the case of administrative violation darbinyan.
2. before the suspension of the administrative proceeding shall be made of all proceedings, which may, in the absence of the person against whom administrative proceedings underway, and take all the measures stipulated by the legislation of Turkmenistan, to eliminate the circumstances provided for in paragraphs 1 and 2 of the first paragraph of this article and causing suspension of administrative proceedings.
3. Administrative proceeding is suspended in a substantiated ruling by the official body that is competent to hear the case.
4. After removing the circumstances provided for in paragraphs 1, 2 and 3 of the first paragraph of this article, administrative proceedings shall be resumed.
Article 538. Termination of administrative proceedings 1. If one of the circumstances stipulated in article 435 of the present Code, excluding the administrative proceeding, the authority empowered to consider the case, handling the case of an administrative offence, shall order the termination of administrative proceedings.
2. A copy of the order on termination of administrative proceedings shall be sent to the person against whom such an order is accepted.
Chapter 30. Consideration of cases on administrative offences, Art. 539. Preparation of case of administrative violation to consider when preparing to consider cases on Administrative Officer of the authority authorized to consider the case, ascertain the following issues: 1) whether its competence the case;
2) whether circumstances precluding consideration of the case by the judge, a member of a collegial body, officer;
3) compiled by Lee in accordance with the requirements of this Code and other protocol of administrative offence proceedings;
4) whether circumstances excluding proceedings;
5) whether there is sufficient evidence to consider the merits of the case;
6) whether motions and taps on the case.
Article 540. Circumstances precluding consideration of the case by the judge, a member of a collegial body, official Judge, a member of a collegial body, official, in which passed consideration of case of administrative violation, is not entitled to consider this case in the following cases: 1) if the judge is a member of a collegial body, officer is a relative of the person against whom administrative proceedings, is the legal representative, the representative of the legal person, the victim, counsel or representative;
2) if the judge is a member of a collegial body, the officer directly or indirectly interested in the resolution of the (interest) of the case.
Article 541. Rejection or disqualification of a judge, a member of a collegial body, an official from the case 1. The judge, a member of a collegial body, the official must give his rejection from the case if one of the circumstances stipulated in article 540 of the present code.
2. Disqualification of a judge, a member of a collegial body, official from the consideration of the case can be lodged with the person against whom administrative proceedings conducted by the victim, the representative of the legal person, or any other party to the administrative proceedings, on the basis of the circumstances stipulated in article 540 of the present code.
3. a statement of rejection or withdrawal is seen by a judge, a member of a collegial body, official, which transferred the case of administrative violation.
4. Based on the results of the examination of the request for withdrawal or rejection decision on approval or abandonment without addressing the allegations.
Article 542. Issues to be addressed in the preparation of administrative offence case to consider 1. In preparation for the consideration of the case of an administrative offence shall be resolved the following issues: 1) determining dates and venue;
2) notice of the persons participating in the proceedings of the time and place of its consideration;
3) discovery of the necessary additional materials on the case;
4) appointment of examination;
5) postponement of the consideration of the case;
6) return Protocol and other documents of an administrative offense was their body, if the Protocol and other materials compiled by a person not authorized to do so, or are drawn incorrectly, or materials in the case are not fully and in case they cannot be supplemented;
7) return Protocol and other instruments on administrative violation to the appropriate authority if the issue does not fall within the competence of the authority or the decision on the disqualification of a judge, a member of a collegial body, officer.
2. Decree on termination or suspension of the administrative proceedings is accepted if the circumstances provided for in article 435 and the first part of article 537 of the present code.
3. If delay in administrative proceedings due to the willful failure to appear on a call to participate in the examination of the case of a person in respect of whom the administrative proceeding or is representative of a legal person, the legal representative of a minor who has been called to administrative responsibility, as well as witnesses without reasonable excuse impedes the full, full, objective and timely clarification of the circumstances of the case on administrative violation, the designated official shall have the right to decide to drive.
Article 543. Venue on administrative violation 1. In the case of an administrative offence is considered to place an administrative offence.
2. Cases on administrative offences, prescribed by articles 352 and 353, paragraphs 1, 2 and 3 of Article 355 of the present Code shall be treated according to the place of the administrative offences or the place of residence of the person against whom administrative proceedings underway.
3. Cases on administrative offences, prescribed by articles 209-219, 221-223, 226, 228, 233-234 of this code may also be considered in place of State registration of vehicles.
4. Cases on administrative offences committed by minors shall be treated at their place of residence.
5. Administrative commissions, commissions on Juvenile Affairs Service Commission oversight of internal affairs bodies road consider cases on administrative offences in the place of residence of the person against whom administrative proceedings underway.
Article 544. Terms of consideration of cases relating to administrative offences 1. Cases on administrative offences are dealt with in fifteen days of receipt of the authority competent to consider the case (judgement) Protocol on administrative violation and other materials of the case.
2. Examination of the case can be extended up to one month justified the Decree authority empowered to consider the case, in cases of need to establish additional facts of the case on administrative violation.
3. In the case of an administrative offence, providing for administrative punishment in the form of administrative detention is discussed in day Protocol on administrative violation and proceedings against persons who, as a measure to ensure the proceedings on administrative offences apply administrative detention not later than 48 hours after the detention of such persons.
4. In the case of administrative violation, which provides for the imposition of an administrative penalty in the form of administrative suspension of activities, or a case in which as a measure to ensure that proceedings can be applied temporary prohibition of activities should be reviewed no later than 72 hours from the moment of actual termination of activity of a natural person carrying out business activity without establishment of legal entity, a legal person, its branches, representative offices, the structural unit, production site as well as the operation of units, installations, buildings or structures, the implementation of individual activities, the provision of services. The period of temporary prohibition of activity counted in the administrative suspension of activities.
Article 545. The order of consideration of cases on administrative violation 1. In the case of administrative violation: 1) declares the law, having the jurisdiction to decide the case, a summary of the case and a person in respect of whom proceedings are underway;
2) is involved in the case of the person against whom administrative proceedings underway, his legal representative, the representative of the legal person, as well as other persons involved in the proceedings;
3) defines the powers of the legal representative, the defence lawyer and the representative of the legal person;
4) clarified the reasons for non-appearance of the persons participating in the proceedings, and the question about the case without the participation of those persons or defer consideration of the matter to a later time;
5) persons participating in the proceedings, explained their rights and obligations;
6) allowed the alleged taps and presented the petition.
2. the decision to defer consideration of the matter to a later time was adopted in the following cases: 1) upon her candidacy or the disqualification of a judge, a member of a collegial body, officer hearing the case, if the withdrawal is an impediment to the consideration of the merits of the case;
2) when challenging the specialist, expert or interpreter, if the withdrawal is an impediment to the consideration of the merits of the case;
3) if necessary, the appearance of the person involved in the case, and optionally additional documents or assignments of the examination.
3. In accordance with part 3 of article 542 of this code was adopted by Decree on the drive of individuals involved in a case which is required.
4. According to article 543 of this code was adopted the decision about the direction of the case.
5. Consideration of the case continues with the announcement of collegial body or view the official hearing the case.
The Chairman of the meeting of the collegial body or officer investigating the case, said any deal is subject to review, who is drawn to administrative responsibility, clarifies the persons participating in the proceedings, their rights and obligations. After that, announcing a Protocol on administrative violation. At the meeting of the Parties shall be heard in the proceedings, examines the evidence and motions are resolved. In the case of the participation of the Prosecutor in the case heard his opinion.
Article 546. The contents of the Protocol for the consideration of the case on administrative violation 1. In the case of an administrative collegial body is under consideration of the case by the Protocol on administrative violation, which shall include: 1) date and venue;
2) name and composition of the collegiate body hearing the case;
3) summary of the case;
4) information about the appearance of persons involved in the proceedings;
5) objections, motions and the results of their examination;
6) explanations of persons involved in the proceedings, their application and conclusion;
7) documents and evidence which have been investigated in the case;
8) information about the announcement by the resolution and clarify the order and timing of his appeal.
2. Protocol of the meeting of the collegial body signed by the Chairman of the meeting and the Secretary.
Article 547. The ruling, in a case of administrative violation 1. In the case of an administrative offence is taken by one of the following decisions: 1) about imposing of administrative penalty;
2) on termination of administrative proceedings.
2. the decision on the termination of an administrative proceeding shall be decided upon in the following cases: 1) if one of the circumstances stipulated in article 435 of the present code;
2) if material about bringing the violator to disciplinary action in accordance with article 29 of this code shall be transmitted to the relevant public authorities;
3) if in the case of administrative violation referred for consideration by the Commission on juvenile affairs.
3. In the case of administrative violation by the authorized official is accepted by one of the following decisions: 1) for referral of the case to another judge on administrative violation or relevant authority, if it is established that the case did not fall within his competence;
2) to refer the case to an administrative body authorized to impose another kind of administrative punishment.
Article 548. In the case of administrative violation 1. In the case of an administrative offence shall be imposed in the case, which must include the following information: 1) the name of the body, decision-maker, name, surname, title of the designated official, the reduction in the case of an administrative offence;
2) date and venue, as well as statements, applications, materials on the case;
3) information about the person, the date of the request, Declaration, or the person in respect of whom the case is decided, or representative of a legal person;
4) the content of the statement of the application;
5) statement of the facts established in the case, as well as statements, applications, materials on the case;
6) article of this code, providing for responsibility for the administrative offence;
7) article of this code, which became grounds for termination or suspension of the proceedings;
8) results review of applications, Petitions, materials on the case;
9) the terms and the procedure of appeal against the ruling.
2. When deciding on the imposition of an administrative penalty for an administrative offence simultaneously addressed the issue of compensation for material damage and guilty in the decreeing of the case indicated the extent of the damage to be discipline, time and procedure for compensation shall apply.
It is not permitted the imposition of an administrative penalty in the form of fines for legal persons, financed from the State budget of Turkmenistan.
In the appointment of administrative punishment in the form of administrative suspension of the measures necessary to ensure its implementation, and issues, consisting in the prohibition of activities of a physical person engaged in entrepreneurial activity without formation of the legal person, legal entity, its branches, representative offices, the structural unit, production and operation units, sites, buildings or structures, the implementation of individual activities, provide services, and if the administrative suspension of activities is assigned as an administrative punishment for violation of the legislation of Turkmenistan on combating the legalization of income , received by criminal way and terrorism financing, and also the question on the measures needed to suspend operations on the accounts.
3. In the decreeing of the case should be resolved the issue of forfeited property and documents. At the same time: 1) not withdrawn from circulation property and documents must be returned to its rightful owner, and in case of impossibility of determining their legitimate owner-transfer of State property;
2) seized from circulation documents are subject to destruction or transfer of relevant enterprises or institutions;
3) documents considered evidence, within the time limit is stored in case of administrative violation or given to interested parties;
4) seized orders, medals and badges of Turkmenistan must be returned to its rightful owner, and in case of impossibility of determining their rightful owner-are sent to the relevant executive authority.
4. the decision of the collegiate body is made by a simple majority of the members of the collegial body, attended the meeting.
5. In the case of an administrative offence shall be signed by him, the judge accepted the officer, as well as presiding at a meeting of the collegial body and Secretary.
6. In cases stipulated by the given code, the form of administrative punishment an appropriate entry is made in the Protocol on administrative violation or decree issued by other established way.
Article 549. Announcement of the decision on a case concerning an administrative offence and handing out copies of the regulations 1. In the case of an administrative offence shall be delivered immediately upon completion of the hearing.
2. A copy of the order shall be served within three days or be sent to any person in respect of whom it is made, or the representative of a legal person, as well as the injured-at his request.
3. If the decision is set out in a language that the person referred to in paragraph 2 of this article, do not speak, they should be awarded its translation into their native language or another language in which they are proficient.
4. A copy of the order shall be served against signature. If a copy of the order is sent, this is an appropriate entry is made in the case.
5. In the case of an administrative offence, prescribed by article 350 and articles 375-377 of this code with regard to a person against whom firearms as well as ammunition entrusted in connection with the performance of official duties or transferred on loan to the enterprise, institution, organization, a copy of the order shall be sent for information to the respective enterprise, institution or organization and internal affairs agency.
6. A copy of the order on the application as measures of administrative penalty of arrest in respect of foreign nationals or stateless persons shall be communicated to the Ministry of Foreign Affairs of Turkmenistan and the Prosecutor.
Article 550. Bringing about imposing of administrative penalty regulation to the attention of the public, the decision about imposing on the violator of administrative punishment in the case of an administrative authority empowered to consider the case, brings to the attention of the administration or public organization at the place of work, study or residence of the offender.
Article 551. Understanding of the causes and circumstances contributing to the Commission of administrative offences 1. The authority empowered to consider the case, establish the causes and conditions that contributed to the Commission of the administrative offence, and directs the relevant enterprises, institutions, organizations and officials an idea of taking action to address these causes and conditions.
2. the enterprises, institutions, organizations and officials must within one month from the day of submission of the report on the measures that the authority, moving the view.
Chapter 31. Reconsideration of rulings
cases of administrative offences, Art. 552. The right to appeal or challenge the ruling in the case of administrative violation 1. In the case of an administrative offence may be appealed to a natural or legal person against whom it is made, the victim, the legal representative, as well as defender or appealed by the Prosecutor.
2. the complaint or protest to the ruling in the case of administrative violation appear to be: 1) to the judge's ruling-to a higher court;
2) the decision of the collegiate body-in the Court of the place of collegial body;
3) on the ruling body authorized to deal with the case in court at the location of the authorized body or to a higher competent organ.
Article 553. Procedure for appealing or protesting rulings in the case of administrative violation 1. Complaint or protest to the ruling in the case of administrative violation appears to the authority that had issued the order.
2. The authority empowered to consider the case within three days sends complaint or protest, along with all the materials of the case to a higher court, the Court of the place of collegial body or to a higher competent organ.
Article 554. Deadlines for appeals or challenge the ruling in the case of administrative violation 1. Complaint or protest to the ruling in the case of an administrative offence may be brought within ten days from the date of delivery or receipt of the copy of the judgement.
2. In case of expiration of the period specified in paragraph 1 of this article, for legitimate reasons, this period upon application of the person or entity against whom the judgement can be restored by a court or other authority competent to consider it.
3. If restoration is not possible missed deadline, the decision rejecting the application.
Article 555. Suspension of execution of the order in connection with the filing of a complaint or protest the offering Filing a complaint within the prescribed time or sacrificing of the prosecutor suspends the execution of the protest about imposing of administrative penalty to a complaint or protest, except for regulations on the application of administrative penalties provided for in articles 43, 48, 49 and 50 of the present Code, as well as performed at the scene of the Ordinance on administrative offence fine.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 556. The timing of the consideration of the complaint or protest on a ruling on a case of administrative violation 1. Complaint or protest to the ruling in the case of an administrative offence are dealt with within ten days from the date of their receipt.
2. If a person committed an administrative delinquency applied administrative punishment in the form of administrative arrest or administrative suspension of activities, complaint or protest to the ruling on administrative offence in this case dealt with within three days from the date of their filing.
Article 557. Preparation of the complaint and protest to the ruling in the case of an administrative offence to consider when preparing a complaint or protest to the ruling in the case of an administrative offence to the consideration of the following issues are solved: 1) whether in the case of administrative violation within the purview of that body;
2) whether circumstances precluding administrative proceeding;
3) examines the submitted application, if necessary, is assigned expertise, istrebyvaûtsâ additional documents called persons whose participation is required in considering a complaint or protest;
4) if the complaint or the protest does not fall within the competence of this body, a complaint or a protest together with all materials of the case is sent for conditioning.
Article 558. Consideration of complaint or protest to the ruling in the case of administrative violation 1. The judge or officer individually considers a complaint or protest to the ruling in the case of administrative violation.
2. When considering a complaint or protest on a ruling on a case of administrative violation: 1) authorized officer dealing with a complaint or protest, declared the complainant or Prosecutor, brought protests, and content reviewed a complaint or protest;
2) is determined by the participation of the person in respect of whom the decision, the representative of the legal person, as well as other persons called to participate in the examination of a complaint or protest;
3) checked the credentials of a legal representative, counsel and the representative of the legal person;
4) clarified the reasons for the non-appearance of persons participating in an administrative proceeding, and the issue of complaint or protest, without the participation of those persons or defer consideration of the complaint or the protest at another time, where appropriate, the decision concerning the transmission of the persons whose participation is required at the time of their consideration;
5) persons involved in the examination of a complaint or the protest, explained their rights and obligations;
6) allowed the alleged taps and submitted motions;
7) disclosed claim or protest to the ruling in the case of an administrative offence;
8) heard explanations of the person in respect of whom a judgement in the case of administrative violation, the legal representative, the representative of the legal person and the defence counsel, in case of need are considered existing and additional evidence in the case and on the basis of submissions checked legality and validity of the regulations adopted in the case of an administrative offence;
9) heard the conclusion of the Prosecutor involved in considering a complaint or protest on a ruling on a case of administrative violation.
Article 559. The competence of the review officer cases the competence of official body for reviewing cases, examining a complaint or protest to the ruling in the case of an administrative offence is established by this code.
Article 560. Decision on complaint or protest on a ruling on a case of administrative violation 1. When considering a complaint or protest to the ruling in the case of an administrative offence is taken by one of the following decisions: 1) abandonment of regulations without changes, and a complaint or protest, without satisfaction;
2) to amend the Ordinance, with the exception of the situation of the person in respect of whom the decision, deteriorated and an administrative penalty has been strengthened;
3) in the cases prescribed in §§ 39 and 435 of the present Code, to quash and termination of administrative proceedings;
4) if the degree of violation of the requirements established in this code, preventing prompt and full clarification of the circumstances of the case an administrative offense, revoking and direction of administrative offence case for reconsideration. When this cancel orders for reasons related to the deterioration of the person against whom the judgement, and increased administrative punishment can only be carried out on the complaint of the victim;
5) If examination of a complaint or the protest will be established that in the case of administrative offence rendered body unauthorized solve this case, revoking and referral to the appropriate authority.
2. In the examination of a complaint or protest to the ruling in the case of an administrative offence shall provide information established by Article 548 of the present code.
(As amended by the Act of March 1, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 1, p. 45) article 561. The announcement of the Decree on the examination of a complaint or protest to the ruling in the case of an administrative offense and handing out copies of the 1. Decision on complaint or protest to the ruling in the case of an administrative offence shall be delivered immediately upon completion of the examination of the complaint or protest.
2. A copy of the order of the consideration by the complaint or protest to the ruling in the case of an administrative offence within three days is handed or sent to any person in respect of whom it is made, the representative of the legal person, as well as the victim-at his request. The protest is reported in writing to the Prosecutor.
3. on the date of ruling on the complaint or protest to the decision about imposing of administrative penalty in the form of administrative arrest or administrative suspension of activities of its copy is handed to the authority obliged to bring the Ordinance into execution, and a natural or legal person in respect of whom applied these types of administrative penalty.
Article 562. Protesting a ruling on the complaint or protest on a ruling on a case of administrative violation, as well as the regulations entered into force 1. Ordinance on the complaint or grievance in the case of an administrative offence may be appealed by the Prosecutor and the judge-President of the Court of the velayat or city from Mashhad, the President of the Supreme Court of Turkmenistan and his Deputy.
2. the appeal in the manner prescribed by paragraph 1 of this article, is a superior court or other authority in relation to a court or other body which has adopted a ruling on the complaint or grievance in the case of administrative violation.
3. In the case of administrative violation, which entered into legal force may be sacrificed, and the Procurator protest at the judge's ruling also Presidents of courts of the velayat or city from Mashhad, the President of the Supreme Court of Turkmenistan and his deputies.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 563. Consider resolution, adopted for the review of the complaint or protest to the ruling in the case of an administrative offence
1. Protest, brought in the manner prescribed by part one of article 562 of the present Code, in the case of administrative violation, as well as the decision taken on the complaint or grievance in the case of administrative violation, is considered the head of the parent body, the authority to deal with the case, or his Deputy, and with regard to the rulings of a judge-President of the Court of the velayat or city with Mashhad or the President of the Supreme Court of Turkmenistan and his Deputy with the study of all the material in the case.
2. following the examination of regulations adopted in the case of an administrative offence, in the manner prescribed by paragraph 1 of this article shall be adopted in accordance with regulation Article 560 of the present code.
Article 564. The impact of the lifting of the decree with the termination of the proceedings on administrative violation 1. Cancel orders with the termination of administrative offence entails the return of recovered amounts home seized and confiscated items, as well as the lifting of other restrictions associated with the earlier ruling. If you cannot return items reimbursed their costs.
2. Damages caused by unlawful imposition of an administrative penalty in the form of administrative arrest or administrative suspension of activities is carried out in the manner prescribed by the legislation of Turkmenistan.
3. If the illegal decision about imposing of administrative penalty has been brought to the attention of the Administration at the place of work, study or residence of the person against whom it is made, the authority has issued this ruling, writing tells them about its abolition.
4. In case of cancellation of orders with the termination of administrative proceedings is in writing a formal apology on behalf of the State the person against whom it is issued.
SECTION IV. The EXECUTION of the JUDGMENTS of the ADMINISTRATIVE OFFENCES CODE, Chapter 32. The main provisions of the enforcement of judgements in cases of administrative offences, Art. 565. The entry into force of the Ordinance on administrative violations, as well as the regulation on the complaint or grievance 1. In the case of administrative violation, as well as the decision taken on the complaint or grievance, enters into force in the following cases: 1) after the expiration of the appeal against the ruling in the case of administrative violation, if the ruling is not appealed and is not challenged;
2) since the announcement of the ruling, taken on the complaint or grievance in the case of administrative violation.
2. the decision adopted following the examination of a protest brought in respect of the complaint or grievance in the case of an administrative offence, in the manner prescribed by Article 563 of the present Code shall enter into legal force since the announcement.
Article 566. The execution of the order is mandatory in the case of administrative violation 1. In the case of an administrative offence is obligatory for execution by all State bodies and local self-government bodies, all enterprises, organizations, institutions and other legal entities, irrespective of their form of ownership, public officials and other persons.
2. In the case of administrative violation is subject to immediate execution after the entry into force.
Article 567. Bringing the Ordinance in the case of an administrative offence in response to 1. The duty of enforcing the Ordinance in the case of an administrative offence in pursuance of vested in the authority hearing the case.
2. At the appeal or challenging rulings about imposing of administrative penalty decision is enforceable after the complaint or the protest without satisfaction, except for regulations on the application of the penalties provided for in articles 43, 48 and 49 of this code, as well as in the case of a fine, levied on the place of an administrative offence.
3. In the case of an administrative offence, adopted after consideration of the complaint or the protest brought to rule on the case within three days from the date of entry into force of the said Regulation shall be forwarded to the organ that has the capacity to reverse the ruling.
4. the decision about imposing of administrative penalty in the form of fines enforceable upon the expiration of a deadline set by part one of article 577 of the present code for voluntary execution.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) article 568. The order of execution of the order in the case of administrative violation 1. About imposing of administrative penalty decision marks the bodies, rassmotrevšimi case, in the order stipulated by the present code and other normative legal acts of Turkmenistan.
2. administrative detention Decree marks the organs of internal affairs in the manner prescribed by the legislation of Turkmenistan.
3. In the case of a few decrees about imposing of administrative penalty in respect of one and the same person, each decision is executed separately.
4. monitoring the correct and timely execution of orders about imposing of administrative penalty is imposed on the body, rendered a decision.
Article 569. To resolve issues related to the enforcement of the Ordinance on the imposing of administrative penalty 1. If there are grounds to consider issues of deferral, suspension or termination of the execution of the order is about imposing of administrative penalty these questions for three days are considered authority handed down the ruling.
2. Individuals interested in addressing the issues identified in paragraph 1 of this article shall be notified of the time and place for consideration of these matters.
3. Deferral, suspension, termination or cancellation of the execution of the order is about imposing of administrative penalty decision. A copy of the order with the corresponding mark is awarded to any person in respect of whom it is made, as well as the victim at his request. In the absence of these persons a copy of the order within three days from the date of the decision shall be communicated to them, and in the case of an administrative offence shall be checked.
Article 570. The postponement of the execution of the order is about imposing of administrative penalty 1. Under the circumstances, that within the time limit pursuant to regulations about imposing of administrative penalty in the form of administrative detention, restrictions on the special rights granted to an individual who has committed an administrative offence, or fine (except for the fines in place an administrative offence) is impossible, the authority has issued a decree, may postpone the execution of the order for up to one month.
2. in view of the financial position of person committed an administrative delinquency body rendered a decree on the imposition of a fine, may postpone the execution of the order for a period of up to three months.
Article 571. The order suspending the execution of the order is about imposing of administrative penalty 1. Execution of the order about imposing of administrative penalty shall be suspended in accordance with article 555 of this code. When the decision on suspension of execution and, where necessary, it shall be forwarded to the appropriate authority for execution.
2. There shall be no suspension of the application of the Ordinance, the prevention of administrative detention and the administrative suspension of activities, as well as performed at the scene of the administrative offence tickets regulations stipulated by this code.
Article 572. Termination of execution of the order is about imposing of administrative penalty 1. The authority has issued a decree on the imposition of an administrative penalty, stops the execution of the decision in the following cases: 1) if the provisions of the legislation of Turkmenistan on administrative offences, prescribing administrative liability, abrogated;
2) in the event of the death of the person against whom the judgement in the case of an administrative offence;
3) in the case of expiry of execution of the order is about imposing of administrative penalty established by part one of Article 573 of the present code.
2. Order terminating the execution of about imposing of administrative penalty shall be adopted by the authority reviewing the case.
Article 573. The limitation period of execution of the Decree on the imposition of administrative penalties 1. Not be enforceable the decision about imposing of administrative penalty, if it has not been enforced within one year from the date of issuance.
2. In the case of evasion of a person attracted to administrative responsibility, from the execution of the order is about imposing of administrative penalty is assigned due date, determined in accordance with paragraph 1 of this article. While during the period of performance shall commence from the day an official warning to this person.
3. In the case of postponement or suspension of the execution of the decision in accordance with articles 570-571 of this code, the period of limitation shall be suspended until the expiration of the term of postponement or suspension.
Article 574. End of production for the enforcement of the Ordinance on the imposing of administrative penalty 1. After the full completion of the judgement about imposing of administrative penalty authority who conducted the proceedings on a judgement about imposing of administrative penalty, directs this ruling authority that had issued him with a corresponding mark on the performance.
2. If the judgement about imposing of administrative penalty is not carried out or not completed, the authority conducting the proceedings on judgement about imposing of administrative penalty, directs this regulation imposing its authority in the following cases:
1) If a person who has been called to administrative responsibility, not working, not living or not taught at the address specified by the authority, handed down the ruling, the legal entity administrative liability program is not located at the address specified in the Ordinance, and they do not have the specified address property that could be subject to an administrative penalty;
2) If a person who has been called to administrative responsibility, has no property or income that could be subject to administrative punishment, and sought his property have failed;
3) in the case of expiry of execution of the order is about imposing of administrative penalty established by part one of Article 573 of the present code.
3. In the event of the expiry of the execution of the order is about imposing of administrative penalty provided for under Article 573 of the present Code, the officer in charge of the Ordinance shall be drawn, which is approved by the supervising official.
Article 575. Execution of the order about imposing of administrative penalty in respect of a person residing outside Turkmenistan and has no property in the territory of Turkmenistan Decree about imposing of administrative penalty in respect of a person residing outside Turkmenistan and has no property in the territory of Turkmenistan is executed in the manner prescribed by the legislation of Turkmenistan or by an international treaty.
Chapter 33. The order of execution of the decisions on the types of administrative penalties Article 576. The order of execution of the order to impose warnings 1. Decision about imposing of administrative penalty in the form of a warning is given in pursuance of a Decree designating authority by declaring the Ordinance after the end of the hearing.
2. In the case of a ruling about imposing of administrative penalty in the form of a warning in the absence of wrongdoing it shall be provided with a copy of the Ordinance in the manner provided for in article 561 of this code.
3. In the case of the imposition of an administrative penalty in the form of a warning at the scene of the administrative offences provided for in the special part of this code, it shall be prepared in the manner established by the authority reviewing the case.
Article 5761. The order of execution of the order is about imposing of administrative penalty in the form of public works 1. Decision about imposing of administrative penalty in the form of public works carried out by the internal affairs authorities by handing the person subjected to this kind of administrative punishment imposed by a court ruling after the end of the hearing.
2. Public works are executed in the areas defined by the hâkimami regions or cities from Mashhad, in the manner prescribed by the Ministry of Internal Affairs of Turkmenistan.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 577. The terms and the procedure of execution of a fine 1. The fine must be paid by the infringer does not later than thirty days from the day of handing him a fine regulation and, in the case of appeal or protest such an order-no later than 30 days from notice of abandonment of appeal or protest.
2. In the absence of independent earnings among persons aged sixteen to eighteen years of age who commit disorderly conduct, a fine is levied from the parents or persons acting in their stead.
3. A fine imposed for committing an administrative offence is violator bank institution, except for the fine, levied at the place where the offence was committed, unless otherwise provided by the legislation of Turkmenistan.
4. The fine is levied at the place of Commission of the offence may not exceed the size of one basic unit specified in the second part of article 44 of this code.
5. In the event of failure to pay the fine within the period stipulated in paragraph 1 of this article, the amount of the fine imposed is increased by 0.5% for each day of delay.
Article 578. Enforcement of the Ordinance on fine 1. In case of failure to pay the fine within the period stipulated in article 577 of the present Code, the fine is sent to hold the amount of the fine calculated in accordance with this code, forcibly from his salary or other income, pensions or scholarships in accordance with the rules laid down by the legislation of Turkmenistan.
2. If a person who is fined, not working or collecting fines from wages or other income, pensions or scholarships to the infringer cannot for other reasons, the recovery of a fine shall be made on the basis of the decision of the authority, which had reviewed the case of a fine, the executor by foreclosing on the personal property of the infringer, as well as its share in the common property.
3. Recovery of fines could not be drawn on the property which, in accordance with the legislation of Turkmenistan may not be levied for Executive documents.
Article 579. The order of execution of the Decree on the imposition of a fine, what at an administrative offence
1. When levying fines at the scene of a misdemeanor offender sample receipt is issued, the approved normative legal acts of Turkmenistan relating to documents of strict financial reporting, which States: 1) the date of issuance of the receipt;
2) body, which in the case of an administrative offence;
3) place of work, position, name, surname, official casting fine;
4) information about the person, short-term assistance to administrative liability;
5) corresponding article of this code, which provides for administrative liability;
6) the place and time of the Commission of the administrative offence;
7) fine.
2. Receipt shall be drawn up in duplicate and signed by the officer, naloživšim fine, as well as a person attracted to administrative responsibility.
3. In case of failure of the Ordinance on the fine associated with the violation of rules of the road, on the site of an administrative offence before his execution the driver may temporarily seized driver's license, what is done in the entry Protocol, and these persons will be issued a temporary permit for the right to drive a vehicle.
4. In the event of non-payment of a fine in place an administrative offence proceedings and then execution of the order shall be made in accordance with the procedure laid down in this code.
(As amended by the Act of December 20, 2014-Statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 162) Article 580. The order of execution of the order of special exemption 1. The order of execution of the order of special exemption is set by normative legal acts of Turkmenistan.
2. after the execution of the decision of special exemption with the mark on the performance returns to court to hear the ruling.
Article 581. The order of execution of an order of confiscation 1. Pursuant to an order of confiscation is carried out by the executive authorities, that this code is granted the right to consider cases on administrative offences, in the manner prescribed by normative legal acts of Turkmenistan.
2. after the execution of the forfeiture performance stamped returns to court to hear the ruling.
Article 582. Bodies performing control and Ordinance of the special right granted to an individual 1. Decree on the restriction of the right to drive vehicles (with the exception of small vessels) shall be enforced by officials of the road police oversight Service.
2. Decree on the restriction of the right of management of malomernymi courts, law on fishing and hunting, or the right to work with classified information are enforced by officials of the executive authorities, that this code is granted the right to hear cases of administrative offences and impose these kinds of administrative punishment.
Article 583. The order of execution of the order on the restriction of the right to drive vehicles 1. Pursuant to regulations on the restriction of the right to drive vehicles (with the exception of small vessels) is done by withdrawal of driving licence.
2. In the case of evasion of the driver, limited the right to drive vehicles (with the exception of small vessels), from driver's licence suspension of driving licences is carried out in accordance with the established procedure of road police oversight Service.
3. the order of seizure of certificates for the right to drive vehicles (except small craft) normative legal acts of Turkmenistan.
4. Execution of the order on the restriction of the right of management of small vessel is made by way of licence and exemption card to him by officials of the executive authorities, that this code is granted the right to apply this administrative penalty.
Article 584. The order of execution of the order on the restriction of the right to fish and hunt 1. Pursuant to regulations on the restriction of the right to fish and hunt by seizing the relevant ticket.
2. In the case of evasion of a person limited in the right to fishing and hunting, from putting the appropriate ticket, his withdrawal is carried out by officials of the executive authorities, that this code is granted the right to apply this administrative punishment in the manner prescribed by normative legal acts of Turkmenistan.
Article 585. The basis and procedure for shortening the limitations of the special right granted to an individual in the case of a conscientious attitude to work and exemplary conduct of a person, whose special rights are limited to a certain period, the Court, which is an administrative penalty, may, after a delay of at least half cut on the request of the social organization of labour collective term limits specified by law.
Article 586. The procedure for calculating the period of limitation of the special right granted to an individual 1. Persons who violate the rules of driving, malomernymi courts, fishing, hunting and work with classified information are considered restricted in special rights from the date of issuance of the body reviewing the matter, the regulation on restrictions on this right.
2. Upon the expiration of the limitation of the special law, as well as in the case of reducing it in accordance with article 585 of this code to the person subjected to the administrative penalty shall be returned in accordance with the established procedure documents seized from him after an interview on the inadmissibility of administrative offence.
3. If a driver limited the right to drive a vehicle (including small craft), shied away from putting a driving licence, the period of limitation is calculated from the date of seizure, but not later than the expiration of the restrictions, certain body took a decision.
Article 587. The order of execution of the Ordinance on administrative expulsion from Turkmenistan of foreign nationals and stateless persons, as well as restricting their entry into Turkmenistan 1. Foreign citizens, stateless persons are obliged to leave the territory of Turkmenistan within the period defined by the Decree on administrative expulsion those persons outside the country.
2. Pursuant to the Ordinance on administrative expulsion from Turkmenistan, as well as the temporary restriction of entry into Turkmenistan, foreign citizens, persons without citizenship rests with the authorities of the State migration service of Turkmenistan. Funding for costs related to administrative expulsion from Turkmenistan is carried out at the expense of foreign citizens, persons without citizenship, in their absence, at the expense of their host of legal and natural persons, in special cases, at the expense of the State budget of Turkmenistan.
3. the decision on administrative expulsion from Turkmenistan of foreign nationals, stateless persons, as well as restricting their entry into Turkmenistan writes about his performance.
Article 588. The order of execution of administrative detention orders 1. Decree on administrative arrest shall be enforced immediately after it had been handed down by the judge.
2. persons subject to administrative detention are detained in places defined by the bodies of Internal Affairs of Turkmenistan. In the execution of orders of administrative detention of those arrested were subjected to body searches in the order stipulated by this code.
3. On the performance of administrative detention orders against foreign nationals and stateless persons reported in writing immediately to the Ministry of Foreign Affairs of Turkmenistan and the Prosecutor.
Article 589. The order of execution of administrative suspension of activities 1. The judge's ruling on administrative suspension of activities marks the executor immediately after the issuance of such an order.
2. When the administrative suspension of activities of the overprint seals, sealing of the premises, storage of goods and other tangible assets, Cass, as well as other measures for the execution of the activities referred to in the Decree on the administrative suspension of activities necessary for the enforcement of administrative punishment in the form of administrative suspension of activities.
The administrative suspension of activities is not allowed the use of measures which may lead to irreversible consequences for the production process, as well as for the functioning and preservation of objects of welfare.
3. Administrative suspension of activities prematurely terminated by the Court upon application of the person carrying out business activity without establishment of legal entity, or entity, if it is established that the circumstances that led to the appointment of an administrative penalty in the form of administrative suspension of activities, eliminated. The Court requested the conclusion of the official who made the Protocol on administrative violation. Conclusion is given in writing indicating the reasons evidence about how or if the person carrying out business activity without establishment of legal entity or juristic person, the circumstances that gave rise to the appointment of an administrative penalty in the form of a suspension of activities. The conclusion is not binding on the Court and is judged according to the rules established by article 510 of the criminal code. The Court disagreed with the conclusion must be motivated.
The petition before the Court within five days from the date of receipt at the Court in the manner provided for in Chapter 30 of this code, taking into account the peculiarities set by this clause. At the hearing called by the person engaged in entrepreneurial activity without formation(education) of the legal person, or representative of a legal person who has the right to give explanations and to submit documents.
4. After the study of the documents submitted, the judge shall make a ruling on termination of administrative punishment in the form of administrative suspension or refusal of the application.
In a decision on early termination of execution of administrative punishment in the form of administrative suspension of activities are the particulars referred to Article 548 of the present Code, as well as the date of the resumption of the activities of the person carrying out business activity without establishment of legal entity, or of a legal person, its branches, representative offices, the structural unit, production and operation units, sites, buildings or structures, the implementation of individual activities, the provision of services.
Article 590. The order and terms of execution of orders in part compensation for damage caused to property 1. In the case of administrative violation in part compensation for damage caused to property, executed in the manner prescribed by this code and the civil procedure legislation of Turkmenistan.
2. In the case of administrative violation in part compensation for damage caused to property, is an executive instrument.
3. Damage caused to property, must be reversed by the abuser not later than thirty days from the date of delivery to him of the Ordinance in the case of an administrative offence and, in case of appeal or protest such regulations-not later than thirty days from the date of the notice of abandonment of appeal or protest.
Article 591. Consequences of failure to comply with the Ordinance in part compensation for damage caused to property in the event of default of the Ordinance in part compensation for damage caused to property, within the period stipulated in part 3 article 590 of the present Code, it is sent for recovery, in the manner of enforcement proceedings stipulated by the civil procedure legislation of Turkmenistan.