LAW OF TURKMENISTAN

of March 26, 2016 No. 370-V

About trading activity

This Law determines legal, economic and organizational bases of implementation of trading activity in Turkmenistan, establishes the principles and organizational basis of its state regulation.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

1. In this Law the following basic concepts are used:

1) trading activity (further also – trade) – the type of business activity of physical persons and legal entities connected with implementation of purchase and sale of goods, and also performance of works and rendering services, including public catering;

2) wholesale trade – the type of trading activity connected with sales of goods for their use in business activity for production needs and other purposes which are not connected with personal, family, home and other similar use;

3) retail trade – the type of trading activity connected with sale directly to the population of goods including with rendering additional services, for their use in the personal, family, house and other purposes which are not connected with implementation of business activity;

4) public catering – the business activity connected with production, conversion, realization and the organization of consumption of food, and also sales of products of industrial production and rendering services;

5) trade servicing – the activities of the seller of the shopping facility in case of direct interaction with the buyer directed to requirements satisfaction of the buyer in case of purchase of goods;

6) online store – the information resource of the subject of trading activity on the global computer Internet (further – the Internet) allowing to perform the choice and purchase of goods without (out of) the shopping facility;

7) retail chain stores – set of two and more shopping facilities with the total floor space at least 1000 square meters which are under general management and (or) are used under single commercial designation or other means of individualization;

8) the floor space – the square of the shopping facility occupied with the special equipment intended for the calculation, goods demonstration, servicing of buyers and carrying out cash settlings with buyers in case of sales of goods, pass of buyers;

9) the subject of trading activity – the physical person or legal entity registered and performing trading activity according to the procedure, established by the legislation of Turkmenistan;

10) goods – any work product which is not withdrawn from circulation, held for sale or exchange;

11) barcode – special code by means of which information on some most essential parameters of goods is ciphered, placed on packaging of goods for its identification by the optical viewing device.

2. In this Law other concepts are used in the values determined by civil and other legislation of Turkmenistan, and also the relevant articles of this Law.

Article 2. The legislation of Turkmenistan in the field of trading activity

1. The legislation of Turkmenistan in the field of trading activity is based on the Constitution of Turkmenistan and consists of this Law, other regulatory legal acts of Turkmenistan governing the relations in the field of trading activity.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Purposes and coverage of this Law

1. The purposes of this Law are:

1) creation of the corresponding legal basis for implementation of trading activity in Turkmenistan in the conditions of free competition;

2) creation of conditions for the most complete satisfaction of demand of the population for consumer goods and services in wide assortment, first of all national production, for reasonable prices within territorial availability;

3) forming of competitive environment;

4) protection of life, health, safety and economic interests of buyers in the course of trade servicing;

5) ensuring compliance with the rights and legitimate interests of subjects of trading activity;

6) support of domestic manufacturers of goods.

2. Operation of this Law extends to the relations arising in the course of implementation of trading activity in Turkmenistan, except for the relations provided by part three of this Article.

3. Provisions of this Law are not applied to the relations connected with the organization and implementation:

1) foreign economic activity;

2) trade on the commodity and raw and stock exchanges;

3) purchase and sale of real estate objects, and also objects of privatization and privatization of state-owned property;

4) purchase and sale of separate types of industrial goods, including electrical energy (capacity), hydrocarbonic resources, heat energy (capacity), and other types of energy resources.

Article 4. Basic principles of trading activity

The basic principles of trading activity are:

1) equal rights of subjects of trading activity;

2) free choice of types of trading activity and form of implementation of trade;

3) fair competition;

4) observance of the precepts of law regulating trading activity;

5) observance of anti-monopoly rules;

6) priority of the rights and legitimate interests of buyers;

7) respect for interests of buyers, subjects of trading activity and state;

8) ensuring high level of culture of trade servicing;

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