of November 30, 2019 No. 203-VI
About acts of civil status
This Law regulates procedure for state registration of acts of civil status and determines organizational, legal bases of activities of the bodies performing state registration of acts of civil status.
1. Operation of this Law extends to the relations connected with registration by the state (further - state registration) acts of civil status, and includes:
1) activities of the bodies performing state registration of acts of civil status and their powers;
2) procedure for state registration of acts of civil status;
3) procedure for modification, amendments and (or) corrections in civil registration, and also their recoveries and cancellation;
4) procedure for maintaining books of state registration of acts of civil status (further - assembly books);
5) procedure for relations of the bodies having rights to make state registration of acts of civil status (further - bodies of ZAGS) with other state bodies on the questions connected with state registration of acts of civil status;
6) procedure for submission of the documents confirming state registration or lack of civil registration, and other data connected with acts of civil status;
7) procedure for creation and maintaining the Unified state register of civil registration.
2. Operation of this Law extends to the citizens of Turkmenistan, foreign citizens and persons which do not have nationality, staying in the territory of Turkmenistan and also foreign citizens and stateless persons whose civil status is registered in bodies of ZAGS of Turkmenistan, and living outside Turkmenistan.
The legislation of Turkmenistan on acts of civil status is based on the Constitution of Turkmenistan and consists of the Civil code of Turkmenistan, the Family code of Turkmenistan, this Law and other regulatory legal acts regulating procedure for state registration of acts of civil status.
1. Acts of civil status - actions of citizens or event and the facts exerting impact on origin, change or the termination of the rights and obligations of citizens, and also characterizing their legal status, reflected in the corresponding civil registrations which are subject to state registration.
2. State registration of acts of civil status is established for the purpose of protection of the property and personal non-property rights of citizens, and also for ensuring interests of the state.
3. According to the procedure, established by this Law, the following acts of civil status are subject to state registration:
1) birth;
2) marriage;
3) annulment of marriage;
4) adoption (adoption);
5) paternity proof;
6) change of surname, name and middle name;
7) death.
4. State registration of acts of civil status is made by bodies of ZAGS on behalf of the state.
5. Only the acts of civil status registered in bodies of ZAGS are recognized valid. Acts of civil status about the birth, the conclusion and annulment of marriage, and also death made on religious practices, and documents received in their certificate before formation of bodies of ZAGS, are equated to the acts of civil status made in bodies of ZAGS and do not require the subsequent state registration.
The right to make state registration of acts of civil status within the powers, and also in cases and limits set by this Law have:
1) departments of ZAGS of welayats, cities with the rights of welayats and the state value, etraps, cities with the rights of etraps, etraps in the city, the cities in the etrap (further - departments of ZAGS) managements of acts of record of civil status of the Ministry adalat Turkmenistan (further - management of ZAGS);
2) Gengesha;
3) diplomatic representations and consular establishments of Turkmenistan in foreign states (further - diplomatic representations and consular establishments of Turkmenistan), authorized to perform state registration of acts of civil status.
Activities for implementation of civil registration in Turkmenistan are based on the principles of legality, justice, independence and observance of mystery of implementation of civil registration.
1. State registration of acts of civil status is made by bodies of ZAGS by means of creation of the corresponding record of the corresponding act of civil status, entering into the Unified state register of civil registration and based on which the certificate on state registration of the act of civil status is granted (further - the certificate of the act of civil status).
2. State registration of acts of civil status if the legislation of Turkmenistan does not provide different ways of state registration of acts of civil status, is made in assembly books. In case of creation of civil registrations electronically, in electronic form the paper form is unpacked and gathers in assembly books. Bodies of ZAGS also keep electronically the list of civil registrations constituted by them.
3. The data which are subject to entering into the birth statement, marriage, annulment of marriage on adoption (adoption), paternity proof, about change of surname, name, middle names, death are determined by this Law.
Due to the special circumstances of state registration of the specific act of civil status in record of the act of civil status also other data can be entered.
4. State registration of acts of civil status, filling of records of the certificates of acts of civil status granted on their basis, and clerical work in bodies of ZAGS are conducted in state language of Turkmenistan.
At the request of citizens of Turkmenistan, foreign citizens, persons without citizenship who are not knowing state language, state registration of acts of civil status is made with participation of the translator.
5. State registration of the act of civil status of illiterate, deaf or mute person is made with participation of the specialist. In the questions connected with state registration of the act of civil status of such persons they have the right to use the seal if that is available.
6. Employees of bodies of ZAGS the right to make state registration of acts of civil status concerning themselves, have no husband (wife), the and his close relatives (parents (including adoptive parents (adopters), children (including adopted (adopted), grandsons, the grandfather, the grandmother, the family and stepbrothers and sisters). State registration of acts of civil status in such cases is made by other employee of body ZAGS or other body of ZAGS. At the same time other body of ZAGS gets out at the request of person whose act of civil status is subject to state registration.
In the cases specified in paragraph one if state registration of civil registration is provided in certain department of ZAGS the action connected with state registration can be assigned by management of ZAGS to other department of ZAGS.
7. Responsibility for correctness of state registration of acts of civil status and quality of creation of civil registrations is assigned to the worker who constituted this record, and the head of the ZAGS relevant organ.
8. Bodies ZAGS registering the birth, death, change of surname, name and middle name, change in data on birth date or the birthplace of the foreign citizen, stateless person shall transfer within 24 hours these data to the Public migratory service of Turkmenistan.
9. Forms of civil registrations, assembly books (the first page of assembly books), forms of certificates on state registration of acts of civil status are established by the Cabinet of Ministers of Turkmenistan.
1. Civil registration is the document certifying the actions of citizens provided by this Law or events (facts) which are subject to state registration.
Civil registrations constitute assembly books. The assembly book - this book including the civil registrations which underwent state registration which is conducted separately by each type of acts of civil status.
2. Creation of civil registration is made based on the petition from the citizen in bodies of ZAGS or the statement of the body obliged to report about state registration of the act of civil status, the documents confirming events (facts) which are subject to state registration and in the cases established by the legislation of Turkmenistan - based on the identity document of the applicant.
If the citizen cannot submit necessary documents for state registration of acts of civil status, the body of ZAGS promotes receipt of these documents.
State registration of acts of civil status of the citizens of Turkmenistan living outside the territory of Turkmenistan is performed by the diplomatic representation and consular establishment of Turkmenistan located in this country, according to the procedure, established by the legislation of Turkmenistan.
The documents submitted by authorized bodies of foreign states for state registration of acts of civil status if international treaties of Turkmenistan do not provide other, shall be legalized in the consular procedure established by the legislation of Turkmenistan and also are translated into state language of Turkmenistan.
3. Record of the act of civil status is constituted in two identical authentic copies behind one registration number. Civil registrations are constituted in paper and electronic forms.
In case of discrepancy of data in civil registrations of paper and electronic forms, data of acts of civil status of paper form are priority, technical mistakes do not belong to it. In cases of lack of complete data in case of creation of record of the act of civil status for entering of record into all columns in graphs the crossed out section is put. The crossed out section is put also in the corresponding graphs of the certificate of the act of civil status granted based on record of the act of civil status.
4. The employee of body of ZAGS shall check reliability of contents of the submitted application and its compliance to the identity document of the applicant, to the certificates of acts of civil status, other documents shown by the applicant.
5. Each civil registration shall be read by the applicant, and is signed by him and the worker making record and also the official and is under seal.
If the applicant cannot sign record of the act of civil status, the worker performing record does mark about it.
6. In case of creation of record of the act of civil status the erasure of words, the conclusion in quotes, reducings and writing of additional words and correction are not allowed.
7. If it is caused by features of state registration of the specific act of civil status, in record of the act of civil status also other data, stipulated by the legislation Turkmenistan can be entered.
8. Civil registrations are documents for office use, their copies (statement) are not issued to citizens.
Copies (statement) of civil registrations are issued according to appeals of bodies of court (judge), prosecutor's office, homeland security, internal affairs, adalat, ZAGS, migrations, local executive bodies, the Ombudsman, the Ministry of Foreign Affairs of Turkmenistan, other state bodies (officials) in cases, stipulated by the legislation Turkmenistan.
9. The first and second copies of civil registrations are constituted at the same time. In each assembly book within calendar year civil registrations of one type gather. If it is a little civil registrations of one year, integration of civil registrations of several years is allowed.
10. Assembly books (forms of assembly records) are printed by request of the Ministry adalat Turkmenistan, the Ministry of Foreign Affairs of Turkmenistan and are documents of the strict reporting.
The expenses connected with production and printing of assembly books (forms of assembly records) are financed by means of the Government budget of Turkmenistan.
11. Procedure for filling, storage and delivery in management of ZAGS of books of state registration of acts of civil status, storage durations and procedure for their delivery on the state storage affirm as bodies of ZAGS of assembly books and other documents the Minister adalat Turkmenistan.
1. Certificates of acts of civil status - the documents of the established sample issued by bodies of ZAGS based on civil registrations which are drawn up in case of state registration of acts of civil status, confirming state registration of acts of civil status.
Based on civil registrations certificates of birth, marriage, annulment of marriage, adoption (adoption), paternity proof, change of surname, name and middle name, death are granted.
2. Entering of the corresponding data into the certificate of the act of civil status is made according to this Law.
The procedure for printing of certificates on state registration of acts of civil status affirms the Ministry adalat Turkmenistan. The procedure for production of forms of certificates of acts of civil status, their accounting, issue and destruction affirms the Ministry adalat Turkmenistan.
3. The data entered in the certificate of the act of civil status shall correspond to data of record of the act of civil status. The head of ZAGS, and also the employee of ZAGS who filled in the certificate of the act of civil status shall check compliance of data before issue of the certificate of the act of civil status.
4. The certificate of the act of civil status is signed by the head of body of ZAGS, in case of its absence - and is sealed by person fulfilling its duties body of ZAGS.
In case of repeated issue of the certificate of the act of civil status by management of ZAGS the specified certificate is signed by the chief of the department of ZAGS, in case of its absence - his deputy, and sealed managements of ZAGS.
5. Effective period of certificates of acts of civil status is not limited.
6. Forms of certificates of acts of civil status are printed by request of management of ZAGS and are the document of the strict reporting. Forms of certificates of acts of civil status are printed by typographical method. Each form has series and number.
The expenses connected with production and printing of certificates of civil status are financed by means of the Government budget of Turkmenistan.
1. In case of loss, spoil, in other cases of lack of possibility of use of the certificate of acts of civil status, including decay of the form of the certificate, lamination, not readability of the text and indistinguishability of seal of body of ZAGS and in other cases according to statements of the addressed persons the repeated certificate of the act of civil status based on the civil registrations issued by bodies of ZAGS (except Gengeshey) or management of ZAGS is granted.
2. Repeated certificates of the act of civil status and other documents are written out according to civil registrations.
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