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This Law establishes the legal basis for ensuring the integrity of measurements 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) integrity of measurements - results of measurements are expressed in the units of sizes allowed to be used in Turkmenistan, and the condition of measurement errors within the limits established by the given probability;
2) ensuring the integrity of measurements - work aimed at achieving and maintaining the integrity of measurements in accordance with this Law;
3) units of magnitudes - established indicators of magnitudes, which are accepted as unity of given magnitudes, used for quantitative understanding of the same magnitudes;
4) comparative verification of measuring devices (further - comparative verification) - the totality of operations performed in order to confirm the compliance of measuring devices with metrological requirements;
5) calibration of measuring devices (further - calibration) - the totality of operations performed to determine the true values of metrological characteristics of measuring devices;
6) metrological testing of measuring devices and standard samples - testing to determine suitability for use of measuring devices and standard samples.
Article 2. The legislation of Turkmenistan on ensuring the uniformity of measurements
1. The legislation of Turkmenistan on ensuring the integrity of standards 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. Regulatory documents for ensuring the integrity of measurements
1. Regulatory documents on ensuring the integrity of measures (hereinafter - regulatory documents) are developed and approved in accordance with the legislation of Turkmenistan.
2. Normative documents specifying metrological rules and regulations are binding on the territory of Turkmenistan.
Article 4. Funding of work to ensure integrity of measures
In order to ensure the integrity of the following criteria, the following are the sources of business financing:
1) funds from the provision of paid services by individuals and legal entities;
2) Other means not prohibited by the legislation of Turkmenistan.
CHAPTER 2 STATE INSPECTION AND SUPERVISORY INSPECTION TO ENSURE COMPLETENESS OF MEASUREMENTS
Article 5. Institutions that carry out state control and control audits in order to ensure the integrity of measures
In order to ensure the integrity of the scales, state control and monitoring (hereinafter - metrological control and monitoring) is carried out by the Cabinet of Ministers of Turkmenistan, authorized agencies, other state authorities and administrative bodies within the scope of their authority established by the legislation of Turkmenistan.
Article 6. Authority of the Cabinet of Ministers of Turkmenistan
The Cabinet of Ministers of Turkmenistan:
1) defines a single state policy for ensuring the integrity of standards;
2) issue normative legal acts of Turkmenistan in order to ensure the integrity of standards;
3) identifies the competent authority;
4)
establishes cooperation between the competent authority and other state
authorities and administrative bodies in order to ensure the integrity
of standards;
5) approves international cooperation programs to ensure the integrity of standards;
6) Performs other tasks assigned to his authority in the legislation of Turkmenistan on ensuring the integrity of standards.
Article 7. Authorization of the competent authority
The competent authority:
1) implements a single state policy to ensure uniformity of standards;
2) carries out metrological control and monitoring;
3) maintains the State register of means of measurements;
4) creates a database of regulatory documents;
5) defines general metrological requirements for the means, methods and results of measurements;
6)
conducts audits on compliance with the requirements of regulatory
documents by legal entities and private entrepreneurs on a free basis
and applies appropriate measures provided for by the legislation of
Turkmenistan in case of their violations;
7) submits units of sizes allowed for use in Turkmenistan for approval by the Cabinet of Ministers of Turkmenistan;
8) approves state standards of units of sizes, parts of means of measurements, types of standard samples;
9) prescribes the rules for creating, approving, maintaining and using state standards of units of sizes;
10) prescribes the procedure for developing the methodology for carrying out measurements and comparative checks;
11)
prescribes the means of measurements and the order of verification,
calibration and state metrological testing by comparison with standard
samples;
12) carries out calibration, comparison and metrological testing of measuring instruments and standard samples;
13)
carries out authorization in accordance with the legislation of
Turkmenistan in order to ensure the integrity of measurements;
14)
prescribes the procedure for conducting tests of measurement tools and
standard samples, as well as the procedure for approving part of the
measurement tools and part of standard samples;
15)
determines the rights and obligations of the officials who carry out
metrological control and control inspection in accordance with the
legislation of Turkmenistan;
16)
determines the list of legal entities whose establishment of
metrological services is mandatory, as well as determines the procedure
for establishing and organizing the work of those metrological services;
17)
cooperates with customs, sanitary, veterinary, law enforcement and
other state authorities and administrative bodies when carrying out
metrological control and inspection;
18) carries out inter-regional and interagency coordination of work to ensure uniformity of standards in Turkmenistan;
19) represents Turkmenistan in international organizations that work to ensure the integrity of standards;
20) Performs other tasks assigned to his authority in the legislation of Turkmenistan.
Article 8. Jurisdiction of other public authorities and administrative bodies
Other state power and management bodies, within the scope of their powers:
1) participate in the implementation of a single state policy to ensure the integrity of standards;
2) perform other tasks in accordance with the legislation of Turkmenistan in order to ensure the integrity of measurements.
CHAPTER 3 PRINCIPLES OF ENHANCING THE COMPLETENESS OF MEASUREMENTS
Article 9. Units of magnitude
1. In Turkmenistan, it is allowed to use units of sizes included in the international system of units of sizes adopted by the General Conference on Weights and Measures.
2. The name, definition, and writing rules of the units of sizes, as well as the fractional and fractional sizes allowed for their use, as well as the scales of the units of sizes shall be determined by the competent authority.
3. Units of sizes allowed to be used in Turkmenistan are approved by the Cabinet of Ministers of Turkmenistan.
4. In special cases, in agreement with the Cabinet of Ministers of Turkmenistan, the competent authority may allow the use of units of sizes that are not part of the international system of units of sizes in Turkmenistan.
Article 10. State standards of units of magnitude
1. State standards of units of sizes are used as the starting point for re-creation and storage (maintenance) of units of sizes (multiple or fractional numbers of units of sizes) in order to give their measurements to all means of measurements of sizes given in the territory of Turkmenistan.
2. Storage (maintenance) of state standards of units of sizes, re-establishment of units of sizes and transfer of measurements from state standards to standard and working tools, development and improvement of the foundation of standards of units of sizes, as well as verification of comparison of state standards of units of sizes with international standards of units of sizes. does.
3. State standards of units of magnitude are subject to approval by the competent authority.
Article 11. Means of measurement
1. Technical structures intended for the measurement of quantities with standardized metrological characteristics are the means of measurement.
2. The means of measurement must ensure the necessary accuracy of measurements and meet the metrological requirements.
3. The decision on the attribution of technical structures to the means of measurement is made by the competent authority.
Article 12. Methodologies for performance of measurements
1. Size measurements should be made in accordance with proven measurement methods.
2. The procedure for testing the methodology of measuring performance is determined by the authorized body.
Article 13. Standard samples of substances and materials
1. Standard samples of substances and materials (hereinafter - standard samples) are intended for reproduction, storage (storage) and delivery of the composition and characteristics of substances (materials) defined in terms of units of sizes allowed for use in Turkmenistan.
2. Standard samples are used for metrological control and inspection.
3. Standard samples are approved by the competent authority.
CHAPTER 4 METROLOGICAL SUPERVISION AND SUPERVISION INSPECTION
Article 14. Diffusion of metrological control and monitoring
The results of measurements used in the following cases are relevant for metrological control and monitoring:
1) when a person's disease is diagnosed and treated;
2) when medicines are manufactured;
3) when carrying out scientific research;
4) when carrying out work on packaging of goods;
5) when conducting tests, comparative testing and metrological testing of measuring instruments and standard samples;
6) safe labor conditions, quality of certified product;
7) ensuring the safety of movement of all types of vehicles;
8) when registering sports records;
9) when conducting trade, customs, accounting, postal and tax transactions;
10) when carrying out geodesy and hydrometeorological works;
11) extraction of mineral resources;
12) when storing, transporting and destroying toxic, flammable, explosive and radioactive substances;
13) when monitoring the state of the environment;
14) when conducting court, arbitration, investigative expert analyses.
Article 15. Types of metrological control and monitoring
Metrological control and monitoring is carried out in the following ways:
1) approval of part of the means of measurement or part of standard samples;
2) metrological testing of measuring instruments and standard samples;
3) benchmarking and calibration;
4)
checking the number of goods during the removal, use, storage, trade
operations of goods, as well as the number of goods packed when
unpacking, selling and importing goods;
5) Authorization of work to ensure integrity of measurements.
Article 16. Validation of part of the means of measurements, part of standard samples
1. Approval of the part of measuring instruments, part of standard samples is carried out according to the decision of the authorized agency on the recognition of compliance of the part of measuring instruments, part of standard samples with metrological requirements based on the results of the tests of measuring tools, standard samples.
2. Tests of means of measurement and standard samples are carried out by an authorized agency.
3. When there is no basis for conducting tests of measuring instruments and standard samples brought by legal entities and natural persons to Turkmenistan, they are obliged to purchase metrological equipment for conducting tests. In special cases, the tests can be carried out by a representative of the authorized agency going to the enterprise that prepares measuring instruments and standard samples.
4. Approved parts of measuring instruments are included in the state list of measuring instruments, and approved parts of standard samples are included in the state list of standard samples.
5. It is not allowed to use, sell and advertise measurement tools and standard samples that are not included in the State Register of Measuring Tools or the State List of Standard Samples, except for measuring tools and standard samples intended for use in life or for educational purposes.
6. The procedure for conducting tests of measuring instruments, standard samples, the procedure for approval of part of measuring instruments, part of standard samples is determined by the authorized agency.
7. In special cases, the competent authority may, in agreement with the Cabinet of Ministers of Turkmenistan, consider other conditions for the approval of the part of the means of measurements and the part of standard samples.
Article 17. Metrological testing of means of measurement, standard samples
1. Means and standard samples of measurements made outside the territory of Turkmenistan or brought to Turkmenistan in a single copy are subject to metrological testing.
2. Metrological testing of measuring instruments and standard samples is carried out by an authorized agency.
3. Metrological testing of measuring instruments and standard samples can also be conducted by metrological services of legal entities. Metrological testing of standard samples is carried out in the presence of an appropriate license.
4. Metrological testing of measuring instruments and standard samples is confirmed by a license of the prescribed type, the validity period of which is determined at the time of issue.
5. Metrologically tested measuring instruments and standard samples are included in the State Register of Measuring Instruments and the State Register of Standard Samples, respectively.
6. The procedure for officializing the results of metrological testing of measuring instruments and standard samples is determined by the authorized agency.
Article 18. Benchmarking
1. In accordance with Article 14 of this Law, the means of measurement subject to metrological control and inspection are subject to initial inspection before their use (use), as well as after maintenance, and during their use, to regular inspection.
2. Comparative inspection is carried out by comparative inspectors of the authority or comparative inspectors of metrological services of legal entities with the appropriate license.
The procedure for the examination of peer reviewers is prescribed by the competent authority.
3. The results of benchmarking are confirmed by a seal of approval or a benchmarking certificate.
The trust label is transferred to the measuring instrument and/or the document of use.
The type of tag, the procedure for its execution and the copy of the certificate of comparative verification are determined by the competent authority.
4. If the calibration certificate is lost or the state trust is damaged, the measuring instrument is recognized as unfit for use.
Benchmarking certificate replacements are not issued.
5. Means of measurements used for monitoring the change of sizes are not included in the study without being evaluated in units of sizes with an accuracy adjusted to their significance.
Control of the quality of the specified parameters is carried out by the users.
6. The list of means of benchmarking, the periodicity of benchmarking, and the order of conducting it shall be determined by the competent authority.
Article 19. Calibrate
1. Means of measurements that are not subject to metrological control and inspection are calibrated according to the procedure established by the manufacturer of such means.
2. The need to carry out calibration during the use of measuring devices, as well as after their repair, is determined by their users.
3. Calibration is performed by an authorized agency.
4. The right to calibrate can be granted to metrological services of legal entities with the appropriate license, using units of sizes that correspond to state standards of units of sizes.
5. The results of the calibration are confirmed by the calibration symbol applied to the measuring instruments or by the calibration certificate, which shows the true values of the metrological characteristics. Calibration results are also recorded in the user documentation.
6. The authorized body supervises the calibration carried out by metrological services of legal entities.
7. The list of means of measurements related to calibration, the periodicity of calibration, and the procedure for carrying it out are determined by the competent authority.
Article 20. Inspections of the number of goods placed at the place of trade operations, as well as when they are unpacked, placed and imported.
1. Inspections during the extraction, use, and storage of measuring devices are carried out in order to verify their compliance with established metrological rules and regulations.
2. Checking the number of goods delivered during trade operations is carried out in order to determine the correctness of their weight, volume, cost or other quantities characterizing the quantity of these goods.
3. The number of goods packed in containers of any kind is checked when they are unpacked, placed and imported in order to verify that the number of goods in the container corresponds to the number specified on the surface of the container.
Article 21. Authorization to ensure integrity of measurements
Legal entities manufacture measuring instruments, compare them, calibrate, repair, produce, and perform metrological testing on the basis of a license issued in accordance with the legislation of Turkmenistan.
CHAPTER 5 GENERAL PROVISIONS
Article 22. Liability for violations of this Act
Persons guilty of violating this Law shall bear the responsibility established by the legislation of Turkmenistan.
Article 23. Dispute Resolution
Disputes arising in the context of ensuring the integrity of measurements are resolved in court proceedings.
Article 24. Entry into force of this Act
1. This Law enters into force on the day of its official publication.
2. The normative legal acts of Turkmenistan shall be brought into line with this Law within three months from the date of its entry into force.
President of Turkmenistan |
Gurbanguly Berdimuhamedov |
Ashgabat city. October 19, 2012. No. 342-IV. |