TurkmenistanAshgabat Consulting Team (ACT) |
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Altyn Asyr Business Center
Ashgabat, 744000
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In the early years of its independence, Turkmenistan made efforts to create legislative frameworks to support the introduction of free and fair competition and to force de-monopolization. In particular, under the resolution of the President of Turkmenistan No1532, dated 21st October 1993, a Committee on Restricting Monopolistic Activities has been established with broad powers and functions aimed at protecting enterprises and other entities from the impact of monopolistic conduct and practices and promoting the formation of free markets on the basis of the development of competition and entrepreneurship. Moreover, Turkmenistan became a party to the Intergovernmental Treaty on the Implementation of a Coordinated Competition Policy, signed on 24th December 1993 in Ashkhabad (Turkmenistan). However, the increasing dominance of the State in major sectors of the Turkmen economy severely undermined the initial efforts. As a result, the above mentioned Committee was abolished by the Presidential Resolution №2057 of January 11 of 1995. Since then no other governmental body with similar functions has been set up to replace it.
Turkmen legislation has few fragmented and unconnected references to antimonopoly practices and/or unfair competition. These references are contained in Article 780 of the Civil Code of Turkmenistan (2000), Article 9 of the Law of Turkmenistan "On Commerce", Article 16 of the Law of Turkmenistan "On Foreign Investments" (2008), Article 245 of the Criminal Code of Turkmenistan, etc.
However, the general and declarative character of these references, lack of information on their practical application as well as the existing administrative practices in the field of economic regulation in the country show that: