1) Refugee means a person, who owing to well-founded fear of being persecuted for reasons of race, sex, religion, nationality, membership of a particular social group or political opinion is present in Turkmenistan, who is unable or, owing to such fear, is unwilling to avail himself of the protection of his country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

3. A person, whose claim for refugee status or complementary protection is under consideration, as well as a person, who was granted refugee status, complementary or temporary protection in Turkmenistan, may not be returned against his will to the country,
which he has left, except for the cases related to protection of the interests of state security or public order of Turkmenistan.

1. Complementary protection may be granted to a person in case if:
1) A decision on refusal to grant refugee status was adopted due to the absence of the grounds for recognition of a person as a refugee in Turkmenistan, specified under the present Law, but in the light of humanitarian considerations a person may not be expelled
outside Turkmenistan;
2) Despite the absence of the grounds for recognition of a person as a refugee in Turkmenistan, specified under the present Law, a person claims for complementary protection

3. Refugee status or complementary protection of a person shall be cancelled, if he:
1) Has obtained refugee status or complementary protection as a result of providing deliberately false information or forged documents;
2) Takes part in the activities posing a threat to state security or public order of Turkmenistan;
3) Takes part in the activities contrary to the purposes and principles of the United Nations,
and in other cases specified under Article 6 of the present Law.
4. Decision on the loss or cancellation of refugee status or complementary protection in Turkmenistan shall be adopted by the State Migration Service upon agreement with the
Cabinet of Ministers of Turkmenistan.
5. Decision on the loss or cancellation of refugee status or complementary protection shall be communicated in written to a person, whose refugee status or complementary protection
has been withdrawn, within ten days with indication of the grounds provided for by this Article and the appeal procedure.

1. Decision on refusal to grant refugee status or complementary protection or on revocation of a previously adopted decision on granting refugee status or complementary protection can
be appealed to a court within the period of one month as from the date of service of respective notification about the decision.
2. Prior to adoption of a court ruling a person, who has exercised the right to appeal of the adopted decision, shall stay in Turkmenistan and shall enjoy the rights and bear duties
envisioned under Articles 8, 15, 16 of the present Law.
3. A person must leave Turkmenistan within ten working days as from the date of service of notification about entry into legal force of the court ruling on dismissal of a complaint against adopted decision.
4. In case of impossibility to return or expel individuals, consideration of whose claims for refugee status or complementary protection has been dismissed, who has been refused granting refugee status or complementary protection, who has been refused extension of the
period of complementary protection, who has lost refugee status or complementary protection, whose refugee status or complementary protection has been canceled, shall be entitled to obtain permission for temporary residence in Turkmenistan under the procedure
established by the legislative acts of Turkmenistan.

1. A person shall lose refugee status or complementary protection, if he:
1) Has voluntarily availed of protection of the country of his nationality again;
2) Upon losing his citizenship, has voluntarily acquired it again;
3) Has acquired new citizenship and enjoys protection of the country of his new nationality;
4) Has voluntarily settled again in a country, which he has left or outside of which he was
staying as a result of fear of persecution;
5) Can no longer refuse to enjoy protection of the country of his nationality, or the grounds
based on which he was recognized as a refugee no longer exist;
6) While not having nationality of a particular state, can return to the country of his former habitual residence, or the grounds based on which he was recognized as a refugee no longer exist;
7) Has voluntarily renounced refugee status or complementary protection;
8) Has acquired citizenship of Turkmenistan.
2. Except for the cases specified in Part 1 of this Article, a person shall lose complementary protection, if:
1) He has been granted refugee status;
2) Has settled again in the country, which he has left or outside of which he was staying based on the grounds envisaged for provision of complementary protection;
3) The grounds, based on which complementary protection was granted, no longer exist.
3. Refugee status or complementary protection of a person shall be cancelled, if he:
1) Has obtained refugee status or complementary protection as a result of providing deliberately false information or forged documents;
2) Takes part in the activities posing a threat to state security or public order of Turkmenistan;
3) Takes part in the activities contrary to the purposes and principles of the United Nations,
and in other cases specified under Article 6 of the present Law.
4. Decision on the loss or cancellation of refugee status or complementary protection in Turkmenistan shall be adopted by the State Migration Service upon agreement with the Cabinet of Ministers of Turkmenistan.
5. Decision on the loss or cancellation of refugee status or complementary protection shall be communicated in written to a person, whose refugee status or complementary protection
has been withdrawn, within ten days with indication of the grounds provided for by this Article and the appeal procedure.

1. Complementary protection may be granted to a person in case if:
1) A decision on refusal to grant refugee status was adopted due to the absence of the grounds for recognition of a person as a refugee in Turkmenistan, specified under the present Law, but in the light of humanitarian considerations a person may not be expelled outside Turkmenistan;
2) Despite the absence of the grounds for recognition of a person as a refugee in Turkmenistan, specified under the present Law, a person claims for complementary protection.
2. The procedure of filing a claim for complementary protection and the consideration of such claim shall be carried out in accordance with Articles 7 and 9 of the present Law.
3. Complementary protection shall be granted to a person for the period of up to one year. In case of preservation of the grounds, based on which a person was granted complementary
protection, in the country of his nationality or former habitual residence, the period of complementary protection may be extended for up to one year. Based on a person's request for extension of the period of complementary protection, upon conduction of the relevant
verifications the State Migration Service of Turkmenistan shall make a decision on extension of the period of complementary protection or on refusal of extension of such.
4. A person requesting for extension of the period of complementary protection may be rejected in case if:
1) The grounds for granting complementary protection no longer exist;
2) A person presented deliberately false information, which can affect the adoption of
decision on extension of the period of complementary protection;
3) The grounds specified under Article 6 of the present Law have been established;
4) A person has acquired citizenship of a safe third country, protection of which he can enjoy;
5) A person has left Turkmenistan during the period of consideration of the matter of extension of the period of complementary protection;
6) A person has been convicted for commitment of a serious or particularly serious crime in the territory of Turkmenistan during the period of consideration of the matter of extension of
the period of complementary protection.

1. In case of a situation of mass influx into Turkmenistan and inability to consider claims for refugee status or complementary protection on individual basis, in order to resolve the matter concerning the stay in Turkmenistan, individuals shall be granted temporary protection.
2. Decision on granting temporary protection, on extension of such or on refusal to extend it shall be made by the Cabinet of Ministers of Turkmenistan based on suggestions of the relevant authorized governmental agencies.
3. Individuals, who have arrived to Turkmenistan in a situation of mass influx, shall be accommodated in temporary accommodation facilities established near the State Border of Turkmenistan, in which the agencies of the Migration Service carry out registration of these
individuals for the period of up to three months and provide them with certificates of registration of an individual granted with temporary protection. The procedure of registration and issuance of certificate of an individual granted temporary protection, its extension, withdrawal, and the form of such certificate shall be approved by the State Migration Service of Turkmenistan.
Upon the grounds specified under Article 10 of the present Law, during their stay in Turkmenistan individuals shall be entitled to file a claim for refugee status or complementary protection, to return to the country of their nationality or former habitual residence or to leave
to a safe third country provided there are no grounds specified under Article 10 of the present Law.
4. In case if upon expiration of the period of temporary protection a person granted temporary protection cannot return to the country of his nationality or former habitual residence or cannot leave to a safe third country, the consideration of his claim for refugee
status or complementary protection shall be carried out in accordance with the procedure established under Article 9 of the present Law.
5. Reception of individuals arrived to Turkmenistan in a mass influx situation and provision of aid to such shall be carried out in accordance with the present Law and other regulatory
legal acts of Turkmenistan concerning emergency situations, which define the powers, duties and mechanisms of cooperation of the governmental agencies, local administrations and the system of measures of preparedness for reception of these individuals.
6. The system of measures of preparedness for reception of individuals arrived to Turkmenistan in a situation of mass influx envisages the following:
1) Deployment of field border temporary reception centers based on prefabricated constructions;
2) Organization of registration and maintenance of the records of arrived individuals through mobile migration stations;
3) Organization of transportation services to temporary accommodation facilities for the individuals;
4) Organization of medical care and medicament aid in temporary accommodation facilities, and of sanitary and epidemiological services;
5) Organization of catering services and provision of clothing;
6) Organization of translation / interpretation services;
7) Other necessary measures.
7. Temporary protection to persons, who arrived to Turkmenistan in a mass influx situation, may be provided for a period of up to three months, and, if necessary, the period of their stay in Turkmenistan may be extended for up to one year.
8. Extension of the period of temporary protection may be rejected, if:
1) The grounds for granting temporary protection no longer exist;
2) A person presented deliberately false information, which can affect the adoption of decision on extension of the period of temporary protection;
3) The grounds specified under Article 6 of the present Law have been established;
4) A person has acquired citizenship of a safe third country, protection of which he can enjoy;
5) A person has left Turkmenistan during the period of consideration of the matter of extension of the period of temporary protection;
6) A person has been convicted for commitment of a serious or particularly serious crime in the territory of Turkmenistan during the period of consideration of the matter of extension of
the period of temporary protection.

1. Upon registration of a claim for refugee status or complementary protection during the period of adoption of decision on the claim an applicant and his family members shall have the following rights:
1) To uncompensated use of translation / interpretation services concerning the matters of refugee status or complementary protection;
2) To receive information on the procedures of recognition as a refugee, grant of complementary protection, their rights and duties, and other information in accordance with this Article;
3) To obtain temporary certificate of registration of a claim for refugee status or temporary protection, and to be referred to the agencies of the Migration Service for accommodation
according to the place of temporary residence;
4) To be accompanied to the place of temporary residence by the representatives of the authorized governmental agencies, and if needed - to be protect according to the place of
temporary residence for safety reasons;
5) To uncompensated travel and luggage transportation to the place of temporary residence;
6) To uncompensated use of living premises provided in the place of temporary residence, and to free meals;
7) To uncompensated use of medical care and social welfare services;
8) To job placement according to the place of temporary residence;
9) To receive preschool and general secondary education on an equal basis with nationals
of Turkmenistan;
10) To family reunification;
11) To exemption from duties, taxes and fees related to the procedure of granting refugee status or complementary protection, transportation of personal property according to
legislation of Turkmenistan;
12) To uncompensated legal aid concerning the matters of granting refugee status or complementary protection;
13) To judicial protection on an equal basis with foreign citizens residing in Turkmenistan;
14) To file a request for dismissal of consideration of the claim for refugee status or complementary protection;
15) To voluntary repatriation to the country of nationality or former habitual residence;
16) To leave for permanent residence to another state;
17) To enjoy other rights on an equal basis with foreign citizens temporary residing in Turkmenistan, unless otherwise provided for by legislation of Turkmenistan

1. A person, who is granted refugee status, shall enjoy the rights and bear the duties to the extent established under the regulatory legal acts of Turkmenistan.
2. A person, who is granted refugee status, shall have the following rights:
1) To receive information about his rights and duties, and other information in accordance with this Article;
2) To choose place of residence from the suggested list of settlements;
3) To choose place of residence at his relatives, subject to their consent;
4) To employment, purchase of ownership of property, use of medical care and social welfare services under the terms established by legislation of Turkmenistan concerning
foreign citizens and stateless persons residing in Turkmenistan;
5) To family reunification;
6) To receive preschool and general secondary education on an equal basis with nationals of Turkmenistan;
7) To use cultural assets;
8) To freely exercise religious practices;
9) To receive information about relatives residing in his country and about the assets left there, with the assistance from the relevant agencies;
10) To carriage of assets brought by him in the territory of Turkmenistan, and of acquired property to another country, where he was granted the right of entry for residence;
11) To voluntary repatriation to the country of his former habitual residence or to resettlement to any third country;
12) To judicial protection;
13) To acquire citizenship of Turkmenistan under the procedure established by legislation of Turkmenistan;
14) To enjoy other rights on an equal basis with foreign citizens residing in Turkmenistan, unless otherwise provided for by legislation of Turkmenistan.

3. A person, who is granted refugee status, must:
1) Abide by the Constitution of Turkmenistan, the present Law and other regulatory legal acts of Turkmenistan, to fulfill legitimate demands of the governmental agencies and officers, to respect national traditions, historical, cultural and natural heritage of the people of Turkmenistan;
2) Register with the agencies of the Migration Service according to the place of temporary residence within three days as from the date of the grant of refugee status;
3) Notify the agencies of the Migration Service about the intention to leave for permanent residence outside Turkmenistan;
4) To bear other duties on an equal basis with foreign citizens residing in Turkmenistan, unless otherwise provided for by legislation of Turkmenistan.