of April 12, 2025 No. 151-VII
About court
This Law according to the Constitution of Turkmenistan determines organization-legal basis of activity of the courts, performing judicial authority in Turkmenistan, procedure for appointment to positions and releases from positions of judges, and also their powers.
1. Judicial authority in Turkmenistan belongs only to courts and is performed by the Supreme Court of Turkmenistan and other courts provided by the law.
Judicial authority is intended for protection of the rights and freedoms of the citizens protected by the law of the state and public concerns.
Creation of the emergency courts and other structures given authority to vessels is not allowed.
2. Judicial authority is independent and is effective irrespective of the legislative and executive authorities.
3. Judicial authority is performed by means of legal proceedings of cases criminal, civil, administrative, arbitral and others.
4. Requirements and orders of judges when implementing of powers by them are obligatory for all state bodies, local government bodies, public associations, officials, other legal entities and physical persons. Non-execution of requirements and orders of judges attracts the responsibility established by the law.
5. Information, documents and their copies necessary for justice implementation are represented upon the demand of the judge gratuitously.
The legislation of Turkmenistan on court consists of the Constitution of Turkmenistan, this Law and other laws of Turkmenistan regulating questions of legal proceedings and legal status of judges in Turkmenistan.
1. Court, performing justice, protects the rights and freedoms of physical persons and legal entities protected by the law the state and public concerns.
2. All activities of court are aimed at law enforcement and justice, protection of the rights and freedoms, honor and advantage of citizens, elimination of the reasons and conditions promoting making of offenses.
1. Judges are independent, they submit only to the Constitution and the law and are guided by the internal belief which is based on the law.
In implementation of justice of the judge are accountable to nobody.
2. The judge shall give nobody explanations on the considered case or the case which is in production.
For ensuring independence of judges the taynost of the consultative room shall remain under any circumstances.
3. Intervention someone in activities of judges, intervention in their activities is inadmissible, and also disrespect for court or the judge attract the responsibility established by the law.
4. Independence and immunity of judges are guaranteed by the law.
1. Justice in Turkmenistan is performed on the basis of equal rights and freedoms of the parties, and also on the basis of equality of all before the law and court irrespective of nationality, skin color, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions or other circumstances.
2. The parties, according to the procedure, established by the laws of Turkmenistan, have the right to appeal of decisions, sentences and other resolutions of courts of Turkmenistan.
1. Citizens of Turkmenistan have the right to judicial protection against infringement of their honor and advantage, and also the rights and freedoms provided by the Constitution and the laws and appeal in court of decisions and actions (failure to act) of state bodies, public associations, local government bodies and officials.
2. Foreign citizens and stateless persons have right of defense judicially on an equal basis with citizens of Turkmenistan according to the laws and international treaties of Turkmenistan.
Justice in Turkmenistan is performed in strict accordance with the laws of Turkmenistan. Courts of Turkmenistan in the cases established by the law can apply also the laws of other states.
Except as specified, when the law hearing of cases solely by the judge is authorized, and in all degrees of jurisdiction cases are considered by all courts jointly.
1. Legal proceedings and clerical work in all courts of Turkmenistan are conducted in state language.
2. The right of acquaintance with case papers, participations in legal proceedings by means of translation service is provided to the participants of case who are not knowing legal proceedings language, and also to act and declare petitions, to offer explanations on court sessions, and also to appeal, receive court documents in the native language or in any chosen language and to use translation service according to the procedure, established by the legislation of Turkmenistan.
1. Trial of cases in all courts – open.
Citizens of Turkmenistan have the right to participate in justice implementation.
2. Hearing of cases in closed meeting of court is allowed only in the cases provided by the law with observance of all rules of conducting legal proceedings. The decision made by court in all cases is announced publicly.
1. Everyone is considered innocent until his guilt in crime execution is proved legally and established by the court verdict which took legal effect.
2. Nobody shall prove the innocence.
3. Doubts in guilt of the person accused which cannot be eliminated, are interpreted for benefit of the person accused.
1. The suspect, the person accused, the defendant, the convict and justified have the right to the protection.
2. By consideration of cases by courts legal aid to physical persons and legal entities is given by lawyers, and also other persons.
3. The procedure for rendering legal aid, the right and obligation of the representatives and lawyers who are involved in judicial proceedings are determined by the legislation of Turkmenistan.
The resolutions of courts of Turkmenistan (decisions, sentences and other resolutions) which took legal effect are obligatory for execution in the territory of Turkmenistan.
The Attorney-General of Turkmenistan and prosecutors subordinated to it are involved in hearing of cases in courts on the bases and according to the procedure, established by the law.
In Turkmenistan the judicial system consists of following:
1) Supreme Court of Turkmenistan;
2) Arbitration Court of Turkmenistan;
3) velayatsky courts, courts of the cities with the rights of the welayat and the state value;
4) etrapsky courts and courts of the cities with the etrap rights.
1. The Supreme Court of Turkmenistan operating according to the Constitution of Turkmenistan can be abolished only by introduction of amendments to the Constitution of Turkmenistan.
2. The Arbitration Court of Turkmenistan, velayatsky courts, courts of the cities with the rights of the welayat and the state value, and also etrapsky courts and courts of the cities with the rights of the etrap are created and abolished by the President of Turkmenistan.
3. Total number of judges and judicial employees of all courts of Turkmenistan, and also number of judges of the Supreme Court of Turkmenistan, velayatsky courts, courts of the cities with the rights of the welayat and the state value is determined by the President of Turkmenistan by representation of the Chairman of the Supreme Court of Turkmenistan.
The number of judges of etrapsky courts and courts of the cities with the rights of the etrap and judges on family cases, and also the number of judicial workers affirm the order of the Chairman of the Supreme Court of Turkmenistan according to the legislation of Turkmenistan as each court, within the determined total number of judges and judicial workers, proceeding from operational load condition.
4. The number of assessors of court of all courts of Turkmenistan is established in the following quantity:
1) for each judge of etrapsky courts and courts of the cities with the etrap rights – 30 assessors of court;
2) for each judge of velayatsky courts, courts of the cities with the rights of the welayat and the state value – 20 assessors of court;
3) for each judge of the Supreme Court of Turkmenistan – 5 assessors of court.
5. The Etrapsky court and court of the city with the rights of the etrap are formed in the etrap, the city with the etrap rights.
6. The Velayatsky court, courts of the cities with the rights of the welayat and the state value are formed respectively in the welayat, the cities with the rights of the welayat and the state value.
1. The Etrapsky court and court of the city with the rights of the etrap consists of the chairman of justices, judges, including judges on family cases, and assessors of courts.
2. If the structure of etrapsky courts and courts of the cities with the rights of the etrap exceeds five judges, the vice-chairman's positions can be entered into structure of these courts.
1. The Etrapsky court and court of the city with the rights of the etrap is Trial Court. The Etrapsky court and court of the city with the rights of the etrap considers all criminal, civil, administrative and another matters, except for the cases referred by the law to competence of other courts.
2. In the cases provided by the laws of Turkmenistan, the judge of etrapsky court and court of the city with the etrap rights including judges on family cases, consider the cases referred to their powers.
3. The Etrapsky court and court of the city with the rights of the etrap studies and generalizes court practice, will organize execution of judgments, and also performs other powers according to the laws of Turkmenistan.
1. The chairman of etrapsky court and court of the city with the rights of the etrap is judge and along with fulfillment of duties of the judge:
1) presides in judicial sessions, appoints judges as chairmen in judicial sessions, distributes other obligations between judges;
2) will organize work with assessors of court;
3) is conducted by personal acceptance, will organize work of court on reception of citizens and consideration of addresses;
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