PRESIDENTIAL DECREE OF TURKMENISTAN

of September 8, 1998 No. PP-2607

About approval of the Regulations on disciplinary responsibility, response and early release of judges of courts of Turkmenistan

According to article 68-1 of the Law of Turkmenistan "About judicial system and the status of judges in Turkmenistan" I decide:

Approve Regulations on disciplinary responsibility, response and early release of judges of courts of Turkmenistan it (is applied).

 

Approved by the Presidential decree of Turkmenistan of September 8, 1998 No. 2607

Regulations on disciplinary responsibility, response and early release of judges of courts of Turkmenistan

I. Disciplinary responsibility of judges

1. According to the Law of Turkmenistan "About judicial system and the status of judges in Turkmenistan" the judge can be brought to disciplinary responsibility in connection with guilty action or failure to act:

a) for violation of legality by consideration of legal cases,

b) for making of other office offense;

c) for making of the discrediting offense.

2. The qualification board of judges of the Supreme Court of Turkmenistan considers cases on minor offenses:

a) judges of the Supreme Court of Turkmenistan,

b) Chairman and judges of Arbitration Court of Turkmenistan;

c) chairmen, deputy chairmen velayatsky and Ashgabat city courts.

Qualification boards of judges of courts in welayats considers questions of disciplinary responsibility of judges of velayatsky courts and judges of etrapsky, city courts of welayats.

The qualification board of judges of courts in the city considers questions of disciplinary responsibility of judges of the Ashgabat city court and judges of etrapsky courts of Ashgabat.

3. The right of initiation of disciplinary production belongs:

To the chairman of the Supreme Court of Turkmenistan - concerning all judges of courts of Turkmenistan;

To the chairman of Arbitration Court of Turkmenistan - concerning judges of this court;

to chairmen velayatsky, Ashgabat city courts - concerning judges of these courts, judges of etrapsky, city courts in welayats and Ashgabat.

The chairman of the Supreme Court of Turkmenistan, the chairman of Arbitration Court of Turkmenistan, chairmen velayatsky and Ashgabat city courts can initiate disciplinary production concerning judges of the relevant courts on the bases specified in Item of 1 this provision.

4. The judge can be subjected to authority punishment no later than one month from the date of detection of offense apart from time of functional audit check or absence of the judge at work on reasonable excuse, but no later than one year from the date of its making.

5. Person which initiated disciplinary production checks previously the data concerning the bases of involvement of the judge to responsibility and will request it from written explanation.

About vozduzhdeniya of disciplinary production the Chairman of the Supreme Court of Turkmenistan, the Chairman of Arbitration Court of Turkmenistan, chairmen velayatsky and Ashgabat city courts introduce the resolution. In the resolution the bases of initiation of disciplinary production established by preliminary check shall be specified. The resolution is sent with required materials for consideration in the relevant qualification board of judges.

To the direction of materials of disciplinary production in qualification board the judge concerning whom it is initiated shall be acquainted with them. At the same time the judge has the right to furnish further explanations or to declare the petition for conducting additional check.

6. The resolution on initiation of disciplinary production can be withdrawn by the initiated his face prior to consideration of the case in qualification board.

7. Prior to consideration of the case if necessary additional check of the bases of involvement of the judge to disciplinary responsibility which the chairman of board charges to one of members of board is made. At the same time in necessary cases additional documents and materials, as well as legal cases by which consideration the judge allowed violation of the law are requested.

8. The qualification board considers disciplinary cases in the presence in its structure at least a half of members of board. In the absence of the chairman of qualification board of its obligation the deputy or one of members of board who resolves all issues connected with the organization of work of board carries out him.

9. Disciplinary case shall be considered not later than from the date of its receipt in qualification board in a month.

10. Disciplinary case by qualification board is considered with participation of the judge brought to disciplinary responsibility.

Absence of the judge who was informed properly on day of consideration of disciplinary case without valid excuse does not interfere with its consideration.

Other judges, and also the official, the initiated disciplinary production, or his representative have the right to be involved in consideration of the case.

11. The chairman declares opening of meeting and represents structure of qualification board. The judge can declare branch to members of board prior to consideration of the case. The question of branch is subject to consideration by structure of board.

Consideration of disciplinary case begins the report of the chairman or one of members of board. Person which initiated the disciplinary production having the right to state the opinion.

Hearing of explanations of the judge who is present at meeting is obligatory.

During the meeting the judge made responsible, having the right to declare at any time petitions and to offer further explanations.

At the discretion of board messages of other persons invited as at the initiative of the judge, and qualification board can be heard, other documents which are available in case, and in addition provided materials are announced and considered.

At meeting of board the protocol which is signed by the chairman and the secretary of board is taken.

12. The qualification board can pass the decision:

about imposing of authority punishment;

about the termination of disciplinary production;

about the direction of materials of disciplinary production to the bodies having the right of excitement of question of response of the judge or excitement concerning its criminal case.

13. The board can impose the following authority punishments:

a) note,

b) reprimand,

c) serious reprimand.

When imposing collection nature of violation and its effect, weight of offense, the identity of the judge, degree of his fault are considered.

14. The qualification board dismisses the disciplinary case in cases:

groundlessness of involvement of the judge to disciplinary responsibility;

omission of terms of attraction to disciplinary responsibility, stipulated in Item 4 this provision;

inexpediency of imposing of authority punishment in cases when finds possible to be limited only to consideration of disciplinary case at meeting.

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