The legal basis of relations between the state and the citizen

Continuous work is being carried out in order to fulfill the instructions given by our Honorable President Belent on modernizing our national legislation in accordance with the generally recognized norms of international law.

In a country where the rule of law is established, new laws are adopted to further improve the legal framework for the observance of human rights and freedoms.

Among them, the Law of Turkmenistan "On Administrative Production" is of great importance in the observance of each individual's right to apply to the administrative body, submit a request or receive information from the administrative body on issues directly related to his rights and legal interests.

This Law states that the administrative body is obliged to take appropriate decisions or provide information on citizens' applications.

Similarly, it should be noted that cooperation of the administrative agency with other administrative institutions and other organizations by sending applications, exchanging documents and information, as well as in other forms of cooperation, is specified in the list of the main principles of the law.

According to the law, the administrative agency is obliged to assist the interested person in submitting an application or petition, to identify and eliminate errors made in the application or petition, and to explain the rights and obligations of individuals involved in administrative production.

The rule that states that the administrative body is obliged to ensure the confidentiality of documents or information containing the secrets of his private or family life, as well as professional and commercial secrets at the request of an interested person, is a perfect legal basis for ensuring the implementation of the constitutional rights of citizens declared in our Basic Law. performs.

The clear definition of time limits related to administrative proceedings in the law is important in forming perfect legal frameworks for the regulation of these relations.

According to the standard rules, the administrative agency must make a decision on accepting the administrative name or refusing to accept it within a period of not more than one month.

If no other term is specified in the legislation of Turkmenistan, in the event that more time is required to determine the circumstances relevant to administrative production, this term may be extended by the administrative body up to forty-five days.

When the documents and information necessary for the implementation of administrative production cannot be obtained by other means, if the administrative authority sends a letter of request for their delivery to the authorized body, the period for implementation of the administrative process starts from the date of sending the request letter and the requested documents and information are sent. suspended until the date of receipt.

When the reasons for the expiration of the term established by law are recognized as valid, the administrative authority may restore the expiration date upon the application of the interested person.

The application for recovery of the expired period must be considered by the administrative authority within five days.

An interested person may appeal the decision of the administrative body to refuse to restore the expired period in the manner provided for in the legislation of Turkmenistan.

The law guarantees the right of an interested party to an administrative or judicial appeal by filing an administrative appeal.

Source: Turkmenistan: the Golden Age Online Newspaper