Ï On the principles of guaranteeing the human rights and freedoms
mail-icon
altynasyr.newspaper@sanly.tm
EN RU TK

On the principles of guaranteeing the human rights and freedoms

view-icon 2140
World community considers the migratory processes as a phenomenon of humanitarian nature. Here, on the one hand, there the question arises about rights and freedoms of people, on the other hand, a deep interconnection between security of a migrant and universal security is retraced. In this connection, every state has its own legislation, on the basis of generally acknowledged norms of international law set forth in the international documents.

At its 14th session, Parliament of Turkmenistan passed the Law “On migration”. Processes of migration in Turkmenistan are regulated on the basis of embodied in the Constitution of the country human rights for free selection of place of residence, form of occupation and profession, freedom of movement, inadmissibility of infringement of human rights and freedoms. Also in developing new law, they were guided by generally acknowledged norms of the international law and international agreements of Turkmenistan in the field of migration, and such principles as need for revelation and prevention of illegal migration in Turkmenistan, respect and observance of the country’s legislation by migrants.

Main purpose of the law is improvement of the rule of entry to Turkmenistan, sojourn in its territory and exit from the country of citizens of Turkmenistan, foreign citizens and stateless persons, determination of the legal relations in the field of migratory processes in Turkmenistan, competence of state authorities on regulation of migratory processes.

The rule of entry to Turkmenistan, which is performed on the basis of visa and long stay in the country of the foreign citizens and stateless persons – on the basis of residence permit, ranks among major migratory issues. For carrying out labor activity in Turkmenistan, foreign citizens and stateless persons should have a permit for this. In prescribed by the legislation cases, entry and exit can be refused to some of them. These cases are specified in detail in the law.

Foreign citizens and stateless persons, arriving in Turkmenistan, are registered in the State Migration Service, and persons, enjoying the international protection and having special legal status - in the Ministry of Foreign Affairs, and persons, visiting the country as tourists – in the State Committee for tourism and sports of Turkmenistan.

Control over migratory processes is exercised by the Migration Service authorities of Turkmenistan. For violation of the rule on sojourn in the territory of Turkmenistan, visas of foreign citizens and stateless persons can be cancelled and terms of their stay can be reduced. Also, in accordance with the legislation, instructions can be presented to them on exit from Turkmenistan and administrative exclusion beyond the borders of the country.

The law accurately regulates the rule on exit from Turkmenistan of citizens of the country. Every citizen of Turkmenistan has a right for exit from Turkmenistan and entry to Turkmenistan. The state guarantees its protection and patronage to the citizens of Turkmenistan, who leave the country. Citizens, who leave the country, must complete relevant documents.

The current law also regulates the issues of internal migration of citizens of Turkmenistan.

The law also provides for responsibility for violation of the law on migration. In particular, it provides for responsibility of legal and individual entities for reception of foreign citizens and stateless persons, as well as responsibility of foreign citizens, stateless persons for violation of the rule on entry, sojourn and transit passage through the territory of Turkmenistan.

The law of Turkmenistan “On migration” is based on the principles of respect and observance of rights of citizens and people. It will contribute to consolidation of foundations of fruitful cooperation between Turkmenistan and the world community for the universal development.