Turkmenistan

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Turkmenistan Turkmenistan Turkmenistan Turkmenistan

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Altyn Asyr Business Center

Ashgabat, 744000

Tel/Fax: +993 (12) 357-618/19/20

www.actltd.ru

4. Liability for the violation of anticorruption rules

Depending on the gravity of the crime committed, the number of offenders involved, and the value of assets illegally provided or obtained, the criminal legislation of Turkmenistan envisages the following sanctions for the commission of corruption-related offenses:

  • Abuse of office;
  • Receipt of a bribe;
  • Giving of a bribe;
  • Intermediation in bribery;
  • Receipt of Illegal Remuneration; 
  • Commercial bribery;
  • Provocation of bribery or Commercial bribery.

The punishment established by the Criminal Code of Turkmenistan includes:

  • a fine (monetary penalty) assigned within the limits established by the Criminal Code and corresponding to the number of the average monthly wages as fixed by current law in Turkmenistan on imposing a penal sanction;
  • withholding the right to hold certain positions or engage in certain types of activities, which means a restriction on holding positions in public service, self-governed authorities, at enterprises of any form of ownership, or in public associations, or to engage in certain professional activity;
  • detention, which implies community work served by a convict at his/her place of work or at the residence of the convict.  Following the court ruling, the convict is obliged to transfer from 5 to 20 % of his income in favour of the state;
  • punishment in a form of a ban, which means that the convict is obliged to reside in certain areas away from his permanent place of living;
  • confiscation of personal property which was unlawfully acquired by the convict;
  • imprisonment.

Criminal liability may only be imposed on individuals, including foreign citizens. Please note that Code of Administrative Offences does not regulate any of the corruption matters.

However, it should be mentioned that in 2005 Turkmenistan has ratified the United Nations Convention against Transnational organized crimes, which regulates and specifies the liability of the legal persons.

In accordance with the Law of Turkmenistan “About the normative legal acts” the International agreement prevails over the local legislation in case of the contradiction between such legal acts.