ADMINISTRATIVE PROCEDURE CODE OF TURKMENISTAN

of October 24, 2020

Section I. General provisions

Chapter I. Basic provisions

Article 1. Coverage of this Code

1. This Code establishes procedure for legal proceedings on the disputes following from public legal relationship, the procedural principles and rules of consideration and permission of these disputes in court.

2. Action of this Code does not extend to production on cases on administrative offenses.

Article 2. Legislation on administrative legal proceedings

1. The procedure for legal proceedings on administrative cases in courts of Turkmenistan is based on the Constitution of Turkmenistan and is determined by this Code, the Code of civil procedure of Turkmenistan and other Laws of Turkmenistan.

2. If in this Code regulations on legal proceedings implementation are not established, then regulations of the Code of civil procedure of Turkmenistan and other laws are respectively applied if they do not contradict the basic principles and the purposes of this Code.

Article 3. Basic concepts

The basic concepts used in this Code:

1) the administrative claim - the procedural document which is filed a lawsuit by the subject of public legal relationship in protection of the violated or disputed rights, freedoms or interests protected by the law following from the specified relations;

2) administrative case - the requirement about permission of legal dispute accepted to production of court between subjects of public legal relationship, and so - the materials relating to this dispute. The concept "administrative case" does not extend to cases on administrative offenses;

3) the claimant on administrative case (further - the claimant) - the physical person or legal entity which took a legal action for protection of the rights, freedoms or legitimate interests following from public legal relationship;

4) the defendant in administrative case (further - the defendant) - administrative authority against which the claim in court is made;

5) administrative legal proceedings (further - administrative process) - legal proceedings on the disputes following from public legal relationship between administrative authorities on the one hand, and physical persons and legal entities - on the other hand;

6) Trial Court - the court considering cases on the administrative claim originally;

7) court of cassation instance - the judicial boards on administrative cases of velayatsky courts and courts of the cities with the rights of the welayat and the state value considering writs of appeal on the court orders of the first instance which did not take legal effect;

8) the writ of appeal - the claim brought by persons participating in case in court of the second instance on the court decrees of Trial Court which did not take legal effect;

9) the official - person, is permanent, temporary or on special power performing functions of the public agent, performing organizational and administrative, administrative or control and auditing functions in administrative authorities;

10) court of the highest cassation authority - the judicial board on administrative cases of the Supreme Court of Turkmenistan considering claims to the determination of court of cassation instance which did not take legal effect;

11) the highest writ of appeal - the claim brought by persons participating in case in the highest cassation authority on the determination of court of cassation instance which did not take legal effect.

Article 4. Right to appeal to the court

Each person has the right according to the procedure, established by the law, to take a legal action behind protection of the violated or disputed rights, freedoms or interests protected by the law.

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