Who can suspend a license and on what basis?
In accordance with the Law of Turkmenistan on Licensing Certain Types of Activities, licensing authorities may suspend a license if they, as well as other regulatory authorities within their powers, detect repeated violations or gross violations by the licensee of license requirements and conditions.
Having made a decision to suspend the license, the licensing authority is obliged to set a time limit for the licensee to eliminate the violations that led to the suspension of the license. The specified period should not be less than three months and not exceed six months.
If the licensee has not eliminated these violations within the prescribed period, the licensing authority may decide to cancel the license.
After the elimination of the violations that led to the suspension of the license, the licensee submits to the licensing authority an application for the renewal of the license.
Licensing authorities that suspended the license:
1) within ten working days after receiving the application, check the elimination by the licensee of the violations that led to the suspension of the license;
2) within the next three working days, on the basis of the results of the audit, make a decision to renew or refuse to renew it and notify the licensee in writing about their decision.
In what cases can a license be cancelled?
The license may be canceled by the decree and decision of the following:
1) by a court decision – in case of revealing the illegality of the decision to issue a license.
Licensing authorities are obliged to suspend the identified license for the period until the entry into force of the court decision;
2) by the decision of the licensing authorities – in the event that the licensee's violation of the licensing requirements and conditions resulted in damage (harm) to the rights, legitimate interests, morality, life and health of citizens, the defense capability and security of the state, the environment, as well as in the case provided for paragraph three of part one of this article.
The decision to suspend the license, to refuse to renew and renew the license or to cancel the license is communicated by the licensing authorities to the licensee in writing with a reasoned justification for such a decision within three working days after its adoption.
When does a license become invalid?
The license loses its legal force in the following cases:
- expiration of the license;
- cancellation of a license;
- liquidation of the licensee-legal entity;
- termination of activities of a licensee-individual as an individual entrepreneur or in the event of his death;
- recognition by the court of an individual as incapable or with limited capacity;
- a decision by the licensing authorities on the premature termination of the license based on the licensee's application.
The decision to suspend or refuse to extend or renew the license, as well as to cancel the license may be appealed by the licensee by appealing to the licensing control body or the court.
Source: Law of Turkmenistan on Licensing Certain Types of Activities
