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(Data of the Mejlis of Turkmenistan, 2012, No. 3-4, Article 94)
(With amendments and additions introduced on the basis of Law No. 236-VI dated 14.03.2020 of Turkmenistan)
This Law establishes the legal and organizational foundations of standardization in Turkmenistan.
CHAPTER 1 GENERAL PROVISIONS
Article 1. Basic concepts used in this Act
For the purposes of this Act, the following key concepts apply:
1) standardization - work on setting standards, rules and characteristics in relation to the product (works, services), the processes of its development, production, deployment, use (utilization), storage, transportation;
2) standardization documents (hereinafter - regulatory documents) - documents containing rules, requirements, general principles, characteristics related to specific types of work or their results;
3) objects of standardization - products (not in use), works and services, the processes of their development, production, implementation, use (use), storage, transportation, requirements for measurement methods and results, the accuracy of their implementation, as well as those used in the context of standardization. definitions.
Article 2. Legislation of Turkmenistan on standardization
1. The legislation of Turkmenistan in the field of standardization is based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan.
2. If the international agreement of Turkmenistan stipulates provisions other than those in this Law, then the provisions of the international agreement shall be applied.
Article 3. The operation of this Act
1. This Law regulates relations related to work in the field of standardization.
2. The scope of this Law does not apply to the standards, construction rules and regulations in the field of education, communications, state protection and security, health care, statistical and accounting registration, auditing, banking, securities issuance, specified in the legislation of Turkmenistan.
Article 4. Objectives of standardization
The following are the objectives of standardization:
1) protecting the interests of individuals and legal entities from products (works, services) that do not meet the requirements of regulatory documents;
2) to ensure technical, technological and information compatibility, as well as product (works, services) substitutability;
3) ensuring the safety of products (works, services);
4) compliance with the requirements established in regulatory documents;
5) ensure regular use of financial resources;
6) increase the quality and competitiveness of products (works, services) taking into account the achievements of science, technology and technology.
Article 5. Organization of standardization activities
1. Organization of work on standardization includes development and use of regulatory documents, provision of legal entities and private entrepreneurs with complete and correct information on standardization, determination of rules of use of international and interstate (regional) standards in Turkmenistan.
2. Organization of standardization activities is carried out by the authorized agency in the field of standardization (hereinafter - the authorized agency), standardization services of legal entities and technical committees on standardization in accordance with this Law.
3. The order of establishment of standardization services and technical committees of legal entities shall be determined by the competent authority.
Article 6. Financing standardization
The following are sources of funding for standardization:
1) funds of legal entities and private entrepreneurs from paid services provided to them by the authorized agency;
2) Other means not prohibited by the legislation of Turkmenistan.
CHAPTER 2 STANDARDIZATION IN PROGRESS
GOVERNMENT SUPERVISION AND SUPERVISION INSPECTION
Article 7. Institutions that carry out state control and control audits in the field of standardization
State supervision and inspection in the field of standardization is carried out by the Cabinet of Ministers of Turkmenistan, authorized bodies, as well as other state authorities within the scope of their powers.
Article 8. Authority of the Cabinet of Ministers of Turkmenistan
Cabinet of Ministers of Turkmenistan:
1) defines a single state policy in the field of standardization;
2) issue normative legal acts of Turkmenistan in the field of standardization;
3) identifies the competent authority;
4) approves international cooperation programs in the field of standardization;
5) carries out other tasks assigned to his authority by the legislation of Turkmenistan in the field of standardization.
Article 9. Authorization of the competent authority
Competent Authority:
1) implements a unified state policy in the field of standardization;
2) approves and amends state standards, carries out their state registration, activates and cancels them;
3) carries out state registration of technical conditions and amendments to them;
4) publishes international and interstate (regional) standards, standards of foreign countries, state standards and technical conditions registered by the state, as well as amendments to them, adopted for use in Turkmenistan;
5) specifies the procedure for the use of international, intergovernmental (regional) standards, other regulatory documents adopted by foreign countries within the territory of Turkmenistan;
6) Maintains the state list of standards, the state list of technical conditions;
7) creates a fund of regulatory documents;
8) interprets regulatory documents;
9) conducts audits on a free basis in order to monitor compliance with the requirements of regulatory documents by legal entities and private entrepreneurs, and when their violations are detected, applies appropriate measures provided for by the legislation of Turkmenistan;
10) prescribes the rules for creating and maintaining a catalog of regulatory documents;
11) determines the rights and duties of officials who carry out control and audit in the field of standardization in accordance with the legislation of Turkmenistan;
12) cooperates with customs, sanitary, veterinary, law enforcement and other state authorities in carrying out control and inspection in the field of standardization;
13) represents Turkmenistan in international organizations carrying out work in the field of standardization;
14) Performs other tasks assigned to his authority in the legislation of Turkmenistan.
Article 10. Jurisdiction of other bodies of state power
Other bodies of state power within their jurisdiction:
1) participate in the implementation of the unified state policy in the field of standardization;
2) they interact with the authorized agency, customs, sanitary, veterinary, law enforcement agencies when they carry out control and inspection in the field of standardization;
3) develop, approve (accept), register, cancel, amend regulatory documents;
4) carry out other tasks provided for by the legislation of Turkmenistan in the field of standardization.
CHAPTER 3 REGULATORY OFFICES
Article 11. Levels of regulatory documents
1. The following levels of normative documents are valid in the territory of Turkmenistan:
1) state standards;
2) international standards;
3) interstate (regional) standards;
4) technical conditions;
5) industry standards;
6) enterprise standards;
7) rules, regulations, manuals, methodological instructions, rules and advice.
2. The use of standards of foreign countries may also be allowed within the territory of Turkmenistan in accordance with the procedure established by the competent authority.
Article 12. Requirements for regulatory documents
1. Regulatory documents should be based on international, state (regional) standardization standards, rules, regulations and recommendations, progressive standards of foreign countries, modern scientific, technical and technological achievements, should take into account the conditions of use of the product (works, services).
2. The regulatory documents regarding the product (works, services) should include the methods of its development, production, distribution, use (utilization), storage, transportation processes, determination of the product (works, services) and methods of monitoring compliance with these requirements. .
3. Without appropriate regulatory documents or in violation of the requirements of regulatory documents, it is not allowed to develop, manufacture, sell, use (utilize), store, transport and repair the product (products), perform work (services).
4. The draft regulatory document of the product shall be subject to free approval by the authorized state body in that field not later than thirty calendar days.
Article 13. State standards and specifications
1. State standards and technical conditions are developed by the authorized agency, legal entities and private entrepreneurs, standardization services of legal entities, technical committees for standardization.
2. State standards are approved by the competent authority.
3. Technical conditions are approved by legal entities and private entrepreneurs who prepared them.
Interested persons have the right to use the technical conditions of legal entities or private entrepreneurs with their notarized consent.
4. State standards are requirements for groups of partial products (works, services) and, if necessary, specific requirements that ensure technical integrity in accordance with technical norms and standards during product (works, services) development, production, implementation, use (use), storage, transportation. specify the requirements for the product (works, services).
5. Technical conditions set requirements for a specific product (works, services) or several types of products (works, services) and they must not be lower than the level of requirements of state standards.
6. State standards and technical conditions should include the following:
1) product (work, service) safety requirements, requirements for the processes of its development, production, placement, use (utilization), storage, transportation, implying the inadmissibility of the risk of harm to human life and health, to the environment;
2) the main consumption characteristics of the product (works, services), methods of their control, requirements for packaging, labeling, placement, use (use), storage, transportation of the product (works, services);
3) norms and standards that ensure technical and information integrity when developing, manufacturing, using (using) products (works, services), including formalization of technical documents, ensuring the quality of products (works, services), regular use of all types of resources, terms and their definitions, conventional signs, metrological and other general technical and organizational technical norms and standards;
4) requirements for technical and information compatibility and substitutability of products (works, services).
State standards and technical conditions may include other requirements for products (works, services) by legal entities and private entrepreneurs.
7. The requirements of state standards and technical conditions are mandatory for all legal entities and private entrepreneurs who develop, produce, distribute, use (use), store, transport products (works, services).
8. The procedure for development, approval, registration, amendment and cancellation of state standards and technical conditions shall be determined by the competent authority.
Article 14. Indirect standards and corporate standards
1. Industry standards and enterprise standards are developed and approved by legal entities and private entrepreneurs who produce products (works, services) of a certain type and the same consumer and functional purpose.
2. Indirect standards are developed for types of products (works, services) that are not specified by the relevant state standards.
Indirect standards can be developed even when there is a need to limit the state standards, if they eliminate the deterioration of quality performance indicators established by state standards.
3. Enterprise standards are developed for products (works, services) that are not designated by the relevant state or industry standards.
4. After the approval of indirect standards and standards of enterprises, including copies of their originals, they are sent by mail to the authorized body no later than thirty calendar days.
5. The procedure for development, adoption, registration, as well as change and cancellation of branch standards and standards of enterprises shall be determined by the state standard approved by the competent authority.
Article 15. International, interstate (regional) standards, standards of foreign countries
1. International standards are approved by the International Organization for Standardization.
2. Interstate (regional) standards are approved by the interstate (regional) standardization organization.
3. International, interstate (regional) standards, standards of foreign countries are used on the basis of international agreements (contracts) on cooperation, as well as agreements of the authorized body with relevant international and regional organizations on standardization.
4. Registration and use of international, interstate (regional) standards, standards of foreign countries is carried out in accordance with the procedure established by the authorized agency.
5. Interstate (regional) standards approved by intergovernmental (regional) organizations for standardization are allowed to be adopted in the original language by the method of direct implementation, as well as translated into the state language when necessary.
Article 16. Rules, regulations, manuals, methodological guidelines, rules and advice
1. Rules, regulations, manuals, methodological instructions, rules and recommendations are developed and approved by legal entities and private entrepreneurs producing products (works, services).
Rules, regulations, manuals, methodological guidelines, rules and advice may also be developed and approved by the competent authority.
2. The procedure for development, adoption, registration, as well as modification and cancellation of rules, regulations, manuals, methodological instructions, rules and recommendations shall be determined by the competent authority.
Article 17. A repository of regulatory documents
1. In order to provide users with information, the competent authority creates a fund of regulatory documents and performs the following:
1) To maintain international and interstate (regional) standards, standards of foreign countries, as well as state standards and technical conditions that have not been registered by the state and their amendments;
2) to keep the rules, regulations, manuals, methodological instructions, rules and recommendations, as well as industry standards and enterprise standards and their amendments.
2. Legal entities and private entrepreneurs who have approved (adopted) regulatory documents within their jurisdiction create and maintain databases of these documents, as well as provide users with information about them.
Article 18. Publication and dissemination of regulatory documents
1. The exclusive right to officially publish international and interstate (regional) standards, standards of foreign countries, as well as state standards and technical conditions that have not been registered by the state belongs to the authorized body.
2. Individuals and legal entities are provided with free access to official information about the adopted regulatory documents, as well as the regulatory documents themselves, if they do not constitute state and commercial secrets.
CHAPTER 4 GENERAL PROVISIONS
Article 19. Liability for violation of this Act
Persons guilty of violating this Law shall bear the responsibility established by the legislation of Turkmenistan.
Article 20. Dispute Resolution
Disputes arising in connection with standardization are resolved in accordance with the procedure established by the legislation of Turkmenistan.
Article 21. Entry into force of this Act
1. This Law enters into force on the day of its official publication.
2. The Law of Turkmenistan "On Standardization and Metrology of Turkmenistan" adopted by the Mejlis of Turkmenistan on October 1, 1993 (Data of the Mejlis of Turkmenistan, 1993, No. 9-10, Article 61), all amendments and additions to it shall deem the latter Laws or relevant parts thereof to be null and void.
3. The normative legal documents of Turkmenistan shall be brought into conformity with it within three months from the date of entry into force of this Law.
President of Turkmenistan |
Gurbanguly Berdimuhamedov |
Ashgabat city. October 19, 2012. No. 343 IV. |