Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

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 court of the city with the welayat rights 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.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.