Turkmenistan

Ashgabat Consulting Team (ACT)

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Chambers Global

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Turkmenistan Turkmenistan Turkmenistan Turkmenistan

3rd floor, 77 Gorogly Str.

Altyn Asyr Business Center

Ashgabat, 744000

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

www.actltd.ru

1. Principal sources of law applicable to anticorruption issues

anticorruption legislation of Turkmenistan remains extremely undeveloped.  Law in Turkmenistan does not define corruption per se, but giving and accepting bribes constitutes criminal offences. There is no separate legislative act specifically aimed at fighting corruption.  The Criminal Code of Turkmenistan, adopted in May 2010 and entered into force on 1 July 2010, currently serves as the principal instrument to suppress bribery of public servants and acts of commercial bribery alike.  The internal service rules with regard to acceptance of gifts and business courtesies by public officials are very general and as a result essentially inapplicable.

1.1. International anticorruption regulations
  • UN Convention against Corruption, dated 31 October 2003, ratified by Turkmenistan on 28 March 2005;
  • UN Convention against Transnational Organized Crimes, dated 15 November 2000, accessed by Turkmenistan on 28 March 2005.
1.2. Codes
  • Civil Code of Turkmenistan, dated 17 July 1998, as last amended on 04 October 2010 (“Civil Code”);
  • Criminal Code of Turkmenistan, enacted 1 July 2010 (“Criminal Code”).
1.3. Laws
  • Law “On Selection of State Officers and Public Officials for the Public Service in Turkmenistan” (2002) (“Law on Public Service”);
  • Law “On Restriction of Joint Service of Relatives in the Organs of State Power and Government” (1995).
1.4. President’s Decrees
  • Decree of the President of Turkmenistan № PP-1478 as of 1 February 1995, approved Regulations on the “Disclosure of the Annual Total Revenues of Officials of Organs of State Power and Government”.
1.5. Case law review
  • Resolution of Assembly of the Supreme Court of Turkmenistan "On Judicial Practice on Cases of Bribery", dated 28 April 1997, No. 5.
Due to complexity of the regulation we highly recommend checking with local counsel in case of any anticorruption compliance concerns in order to avoid reputational damage and personal liability of a company’s officers.