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RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF TURKMENISTAN

of April 23, 1998 No. 4

About practice of application by courts of Turkmenistan of the legislation by hearing of cases on annulment of marriage

In independent neutral Turkmenistan, according to traditions of the Turkmen people, the family forms basis and stronghold of the cardinal social and economic transformations performed in sovereign Turkmenistan, forming of high moral qualities of younger generation and strengthening of public consent and stability of society.

The legislation on scrap and family is directed to protection of interests of mother and child, education of younger generation therefore the correct hearing of cases about annulment of marriage is of great importance.

Cases of this category by courts, generally are considered correctly. At the same time, in activity of the courts there are also shortcomings: not always the conversation with spouses for clarification of termination causes of scrap, instead of removal of determination about adjournment of trial of case for conciliation of spouses practices in the consultative room, legal determination after the meeting on site is taken out, not all courts of case on annulment of marriage consider with participation in judicial session of both spouses.

In case of decision about annulment of marriage courts not always find out questions of the place of residence of children after annulment of marriage, about collection of the alimony, unreasonably consider the requirements infringing on interests of the third parties, make the Section of the property acquired after the actual termination of the family relations and maintaining general economy.

In case of determination of the amount of the state tax courts sometimes mistakenly considered only fault of each spouse in family disruption whereas it is necessary to take financial position of the parties into account with whom minor children and other specific circumstances remain to live and not in all cases collected the national duty in case of decision about collection of the alimony.

Plenum of the Supreme Court of Turkmenistan

decides:

1. Oblige courts of Turkmenistan to eliminate noted defects and to strictly fulfill requirements of the law for strengthening of family, protection of the rights and the interests of spouses, their children protected by the law.

Follows courts by hearing of cases about annulment of marriage to use all available means for preserving family: conversation with spouses, relatives, provision of term for conciliation, etc.

3. Annulment of marriage by mutual consent of the spouses who do not have general minor children is made in bodies of the REGISTRY OFFICE. In the presence between them dispute on the Section of the property which is their common joint property on content payment to the disabled needing spouse annulment of marriage is made by court.

The judge has no right to refuse to the spouse adoption of the action for declaration about annulment of marriage, and court - to stop production on the ground that marriage can be dissolved in bodies of the REGISTRY OFFICE if the second spouse, despite the absence of at it objection, evades from annulment of marriage in bodies of the REGISTRY OFFICE (refuses to submit the corresponding application or, having given it, does not wish to be for registration of divorce, etc.).

5. Courts should mean that put about annulment of marriage with persons condemned to imprisonment irrespective of the punishment term determined by it, are considered in case of jurisdiction of these cases to court, with observance of general rules about cognizance. If the action for declaration about annulment of marriage with person condemned to imprisonment is accepted by court to production according to Article 117 GPK of Turkmenistan, then it is necessary to come from the last residence of the specified person before his condemnation.

6. The action of rescission of marriage with person which place of residence is unknown can be shown at the choice of the claimant, that is at the last known place of residence of the defendant or in the location of its property and in case with the claimant there are minor children or departure to the residence of the defendant is for health reasons difficult to it - in the place of his residence (part one and the tenth Articles 118 GPK of Turkmenistan).

Therefore in case of the address with the action of rescission of scrap to person concerning whom within year there are no data on the place of its accommodation the judge explains to the spouse who addressed with such claims, procedure for recognition of citizens is unknown absent.

At the same time, if the spouse refused the address with the statement for recognition of this person is unknown absent, the judge has no right to refuse adoption of the action for declaration, and the court shall consider the action of rescission of marriage with it in accordance with general practice.

8. The action for declaration about annulment of marriage shall meet the requirements of Article 127 GPK of Turkmenistan. In it, in particular, it is specified when and where scrap is registered whether there are from scrap children, their age, whether the agreement on their content and education, motives of annulment of marriage is reached by spouses, whether other requirements which can be considered along with the action of rescission of scrap are imposed. The certificate on marriage, the copy of certificates of birth of children, documents on earnings and other sources of the income of spouses, other necessary documents are enclosed to the application.

9. Draw the attention of courts to obligation of thorough training of cases on annulment of marriage to legal proceedings.

The judge, having adopted the declaration of avoidance of scrap, shall call, as a rule, spouses, find out the relation of the second spouse to this statement, in the necessary cases to take measures to conciliation of spouses, using positive influence of parents, seniors in family, elders at the place of residence. At the same time the judge finds out whether he is available for spouses of other subjects to permission court of matters of argument, explains what of requirements can be considered along with the action of rescission of scrap.

10. Taking measures to conciliation of spouses, the court at the request of the parties or one of them or has on own initiative the right to postpone trial of case on annulment of marriage and to appoint to spouses for conciliation term in limits, stipulated by the legislation Turkmenistan. Adjournment of trial of case for conciliation of spouses within fixed term can be numerous. Determination of court about adjournment of trial of case for conciliation of spouses is taken out in the consultative room.

Taking into account specific circumstances the court according to the statement of spouses or one of them has the right to change the term provided to them for conciliation and to consider case before its expiration.

Determination of court about adjournment of trial of case for conciliation of spouses, owing to Article 319 GPK of Turkmenistan cannot be appealed or protested in cassation procedure.

11. On cases on annulment of marriage the court shall find out comprehensively relations of spouses, motives for which the question of annulment of marriage, the authentic reasons of discord between spouses is put. In these cases the court, as a rule, shall consider case with participation of both spouses.

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