2.1. General definitions

The main terms set out in Turkmenistan anticorruption regulations are:

• “Authorised official persons” (Rus. – “Должностные лица”),
• “State authorized persons” (Rus. – “Государственные должностные лица”),
• “Public servants ” (Rus. – “Государственные служащие”),
• “Persons with managing functions” (Rus. – “Лица, выполняющие управленческие функции”)

The definitions of the aforesaid terms are given below. It should be noted that there is no consistency in different laws on the usage of such terms.

The term “Authorised official persons” (Rus. – “Должностные лица”) is used in the Criminal Code and applies to the public sector. Chapter 23 of the Criminal Code defines the term “authorised official persons” as “persons who permanently, temporarily or by special authority perform the functions of authorities’ representatives as well as those who perform organisational, regulatory, administrative and economic, or control and auditing functions in state bodies, local self-governed authorities, governmental enterprises, institutions or organisations as well as in the Armed Forces, other troops and military detachments.”

The term “State Authorised Persons” (Rus. – “Государственные должностные лица”) is described in the Law on Public Service and in the Criminal Code.  Article 6 of the Law on Public Service defines a “state authorised person” as a Turkmen national who holds a state position with powers and responsibilities inherent to such position and who is entitled to make decisions necessary to the performance of the functions of public service.

The same Law stipulates that a “Public Servant” (Rus. – “Государственные служащие”) in Turkmenistan is a Turkmen national holding a position included in the Registry of positions of public servants and performing the tasks of public service.  The above mentioned Registry is approved by the President of Turkmenistan.

The term “Persons with managing functions” (Rus. – “Лица, выполняющие управленческие функции”) applies to private sector and is described in the Criminal Code as  persons engaged in commercial or other organisations. It must be noted that in accordance with Article 20 of the Criminal Code only individuals can be held liable under the criminal legislation of Turkmenistan, meaning that legal entities can neither be the subject of a crime nor incur any criminal liability.

2.2. List of persons subject to anticorruption regulations

The term “Authorised official persons” (Rus. – “Должностные лица”) used in the Criminal Code applies to public sector and since this term is not in consistence with the terms used in the Law on Public Service, we assume it incorporates both “State Authorised Persons” (Rus. – “Государственные должностные лица”) and “Public Servants” (Rus. – “Государственные служащие”). The list of Public Servants is approved by the President of Turkmenistan. At the same time the following positions are included in the definition of “State Authorised Persons”:

• Chairman of the Cabinet of Ministers;
• Deputy Chairman of the Cabinet of Ministers;
• Minister, Deputy Minister;
• Chairman of the state committee, deputy chairman;
• Director of institution or organization under the aegis of President of Turkmenistan;
• Head of state institution or organisation of Turkmenistan, deputy head;
• Chairman of Governing Board of state, state-commercial, commercial bank and his (her) deputy;
• Head of state concern, corporation, association, industrial association and his (her) deputy;
• Editor-in-Chief of central, regional newspapers and magazines;
• Heads of higher educational institution;
• Ambassador, consul and diplomatic representative;
• Khakim (governor or mayor) of region, district, city, his deputies;
• Deputy of Mejlis (Parliament) of Turkmenistan;
• Judge;
• Archin (head of local self-governing authority);
• Prosecutor;
• General and command staff of the Armed Forces, Border Troops, national security and internal affairs of Turkmenistan.

The term “Persons with managing functions” (Rus. – “Лица, выполняющие управленческие функции”) also includes all persons in managing positions in commercial and other organisations.

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