THE INSTITUTE OF STATE, LAW AND DEMOCRACY OF TURKMENISTAN
1. The Institute of State, Law and Democracy of Turkmenistan (hereinafter — Institute) is the organization, carrying out the scientific and applied, analytic and methodic activity. The main direction of the Institute’s activity is to carry out the fundamental and applied researches in the sphere of studying the state and legislation of Turkmenistan, as well as providing scientific validity for the activities on democratization of the Turkmen state and society.
2. The Institute is subordinated to the Cabinet of Ministers of Turkmenistan and maintains its activity based on the Constitution, Laws, other normative and legal acts of Turkmenistanб as well as these Regulations.
3. The primary functions (objectives) of the Institute:
1) Studying the constitutional foundations of the state and the legal basis of social relations;
2) Forecasting the development of scientific and legal methods for the increase of effectiveness of organizing the integrated activities of the organs of state power and the municipal administration institutions.
3) Analyses of the main courses of the legal system enhancement taking into consideration the sustainable social-economic development;
4) Rising the level of legal and scientific support on elaboration of normative legal acts;
5) Analyses and working out the recommendations on current trends of the legal regulations of the state and public life spheres and on rising the effectiveness of implementation of the laws;
6) coordinating the activity of the Inter-agency Commission on Providing the Fulfillment of Turkmenistan’s International Commitments in the Sphere of Human Rights and International Humanitarian Law;
7) Studying the inter-sectorial correlation of Turkmenistan’s legal system and the legal acts development in compliance with the universally recognized norms of international law;
8) Elaboration of scientific and applied recommendations on main courses of the further development of national legislation proceeding from the national heritage, traditions and customs of Turkmen people, world experience and international commitments of Turkmenistan as a the permanently neutral state;
9) Cooperation with the United Nations specialized agencies and other international organizations, as well as with scientific and research institutions of other foreign states;
10) Developing the professional research workers in sphere of law through their education in post-graduate and doctoral degree courses and candidate researches for an academic degree;
11) Working out the recommendations, reviews and conclusions on the draft normative legal acts, holding scientific and applied researches on civil society development courses;
12) Fulfilling other missions provided by the statute-established order.
4. The Institute in accordance with the charged missions shall:
1) Carry out analysis of legislative and law enforcement practice, develops recommendations on their enhancement;
2) Elaborate scientific conceptions of the development of legislation, its spheres and institutions;
3) Prepare proposals on priority directions of enhancing the normative legal acts and participate in their implementation;
4) Participate in development of drafts of laws and other normative acts of Turkmenistan;
5) Carry out scientific and legal analysis of normative and legal acts of Turkmenistan;
6) Carry out the scientific and applied researches on practical implementation of the legislation of Turkmenistan;
7) Prepare the analytical and informational reviews of the state of legal system of Turkmenistan and its development courses;
8) Draft proposals on implementation of the norms of international law into the national legislation in accordance with the international conventions of Turkmenistan, prepare the documents on the legal matters, related to the practical realization of the norms of these conventions;
9) Carry out the scientific and applied researches on appropriateness of accession of Turkmenistan to the international conventions;
10) Coordinate its work with the Mejlis of Turkmenistan and other organs of state power, Academy of Sciences of Turkmenistan, scientific-research establishments of the departments on legislation improvement issues;
11) Participate to the scientific and applied forums, conferences, workshops, seminars and other events, and organize such events;
12) Promote relations on significant lines with the United Nations specialized agencies and other international organizations, as well as with the relevant scientific and research institutions of foreign states;
13) Develop professional scientific workers in the field of law through their education in post-graduate and doctoral degree courses and candidate researches for an academic degree;
14) Quarterly publish the Scientific and applied magazine „Democracy and Law” in Turkmen, English and Russian languages;
15) Edit and publish the collections on results of the held analysis, scientific researches, scientific and educational books, teaching aids;
16) Carry out propaganda and interpretation of legal norms with the public;
17) Undertake other activities within its competence.
5. The scientific and research works and applied researches of the Institute are carried out in accordance with the plan, worked out based on social-economic development programs of Turkmenistan and the state orders.
6. The Institute shall have right to:
1) carry out scientific-research and applied works of prognostic and analytical character on significant courses of the state and public life;
2) present scientifically well-grounded recommendations on legislation enhancement;
3) cooperate with the Mejlis of Turkmenistan, organs of state power and administration, Academy of Sciences of Turkmenistan and other departmental scientific and applied establishments on the elaboration of draft legislative acts and research works on the issues of legal regulation of social relations;
4) maintain within its competence the international scientific cooperation and exchange the scientific and applied information based on the international treaties and conventions with the scientific and applied establishments of other states and international organizations;
5) receive on gratis basis the scientific and applied information contained in the informational funds of (databases) of state organizations of Turkmenistan;
6) organize the work on receiving after the higher education the professional education on various fields of jurisprudence in postgraduate and doctor’s degree studies and candidate researches for an academic degree, as well as to prepare and publish study and methodical aids, monographs, scientific and applied remarks, collections;
7) participate in elaboration of draft laws and other normative legal acts, carry out analysis on drafts;
8) undertake other activities within its competence.
7. The Institute shall:
1) provide the high level of fundamental and applied researches, scientific researches in sphere of state science, legal system of Turkmenistan and democracy;
2) fulfil promptly and in good faith the orders of the officials, executing highest state power in Turkmenistan;
3) to provide within its competence and in accordance with the charged duties the protection of information, containing state, service and commercial secret;
4) submit in accordance with the established procedure the reports on the practical implementation of the results of scientific and research and applied works;
5) provide the observance of established requirements on the organization of office work, making, fulfilling and protecting the service documents;
6) carry out other commitments provided by the legislation of Turkmenistan.
8. The Institute is headed by the Director assigned and dismissed by the President of Turkmenistan.
9. The Director has two deputies, assigned and dismissed by the President of Turkmenistan.
10. The Director of the Institute:
1) governs the activity of the Institute;
2) bears the personal liability for performance of the functions of the Institute;
3) carries out the general supervision for scientific and applied, organizational activity;
4) allocates duties among the Deputy Directors;
5) approves under the order provided in the legislation of Turkmenistan the scientific and research plans and applied works of the Institute;
6) carries out the general and scientific and methodical supervision of the Institute;
7) approves the staff list of the Institute within the set number of workers;
8) approves the provisions of the structural units of the Institute;
9) specifies the duties of the Institute workers under the order, provided by the legislation of Turkmenistan;
10) recommends under the established procedure the most distinguished workers for state awards, and to applies shot in the arm and disciplinary measures to them in conformity with the law;
11) supervises the activity of the Academic Council of the Institute;
12) represents the Institute in the state, social and other organizations, allocates its funds and concludes the treaties in compliance with the legislation of Turkmenistan;
13) issues mandatory orders for the Institute staff, gives commissions and instructions;
11. The Academic Secretary, assigned and dismissed by the Director of the Institute, organizes the scientific activities of the Institute.
12. The Academic Council as the representative organ of the Institute administration, consists of research workers holding the graduate academic degrees (or experienced specialists), elected at the general meeting of research workers of the Institute for 5 years term. The scholars not working at the Institute are also eligible for the Academic Council.
The Director of the Institute (Chairman of the Council), the Deputy Directors of the Institute, Academic Secretary of the Institute (Academic Secretary of the Council) form the Academic Council.
The Director of the Institute sets the number of the Academic Council members.
The Academic Council sessions shall conduct as may be necessary, but not rare than once in quarter. The Academic Council considers the issues provided the presence of at least two thirds of its members, the resolutions are adopted by the simple majority of votes.
13. The Academic Council shall:
1) consider the main directions of the scientific activities of the Institute;
2) discuss the draft plans of scientific research works of the Institute, scientific research works, thesis, monographs, the results of scientific and applied analysis (researches);
3) draft the proposals on the enhancement of the legislation implementation practice, on the significant directions of legal sphere;
4) consider the outcomes of the planned scientific and applied researches of the Institute;
5) consider the issues of the scientific and applied cooperation of the Institute with the other scientific establishments;
6) evaluate the professional qualification of the research workers of the Institute, considers the issues of candidates selection on competition basis for their designation, discuss the issues of research workers education at the post-graduate and doctoral degree studies, hears the reports of the postgraduate, doctorate students and applicants for an academic degree, approves the dissertation works subjects;
7) consider the issues on recommending the candidates to the Academy of science of Turkmenistan, Higher Certifying Committee of Turkmenistan for awarding the academic titles;
8) consider other issues, provided by the legislation of Turkmenistan.
14. The Chairman of the Academic Council calendars its Agenda.
15. The resolutions within the competence of the Academic Council are mandatory for all workers and students.
16. The rights and duties of the Institute workers shall be specified under the labor legislation of Turkmenistan and job descriptions.
17. The Institute is the legal entity and has its seal with the engraved image of the State Emblem of Turkmenistan and its name, stamps, budget and extra-budget currency accounts, as well as the official letterhead papers.
18. The charges, related to the support of the Institute shall be financed by the state budget of Turkmenistan.
19. Book-keeping and accountancy shall be made in accordance with the legislation of Turkmenistan.
20. Liquidation, reordering of the Institute shall be realized in accordance with the legislation of Turkmenistan.