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PRESIDENTIAL DECREE OF TURKMENISTAN

of September 8, 1998 No. PP-2611

About approval of the Regulations on qualification boards of judges of courts of Turkmenistan

(as amended on on February 4, 2000)

According to article 65 of the Law of Turkmenistan "About judicial system and the status of judges in Turkmenistan" I decide:

Approve Regulations on qualification boards of judges of courts of Turkmenistan it (is applied).

 

President of Turkmenistan

Saparmurat Turkmenbashi

Approved by the Presidential decree of Turkmenistan of September 8, 1998 No. 2611

Regulations on qualification boards of judges of courts of Turkmenistan

I. General provisions

1. This Provision determines procedure for elections and the organization of activities of qualification boards of judges of courts of Turkmenistan.

2. Qualification boards of judges are created for the purpose of completion of judicial authorities by highly qualified personnel and strengthening of guarantees of independence of judges.

3. In Turkmenistan qualification boards of judges of the Supreme Court of Turkmenistan, judges of courts in welayats and Ashgabat are created.

II. Procedure for election of qualification boards of judges

1. Qualification boards of judges are elected for a period of five years open or secret vote.

2. The qualification board of judges of the Supreme Court of Turkmenistan is elected from among judges of the Supreme Court of Turkmenistan the Plenum of the Supreme Court of Turkmenistan.

3. Qualification boards of judges of courts in welayats are elected from among judges of velayatsky, etrapsky and city courts conferences of judges of these judges.

4. The qualification board of judges of courts in Ashgabat is elected from among judges of etrapsky courts of Ashgabat and judges of the Ashgabat city court conference of judges of these courts.

5. The chairman of qualification board of judges and his deputy are elected respectively by the Plenum of the Supreme Court of Turkmenistan and conference of judges open or secret vote.

6. Qualification boards of judges are elected as a part of at least five people. The specific quantitative structure of board is determined in case of its election.

Chairmen of the courts and their deputies, except for chairmen and deputy chairmen of etrapsky and city courts, are not part of qualification boards.

III. Powers of qualification boards of judges of courts of Turkmenistan

1. Qualification boards, judges:

estimate readiness to judicial work of each candidate for the first time pushed in the judge and hold qualification examination of candidates for judges;

draw the conclusions about possibility of promotion of the candidate for judges or in the judge of superior court;

carry out qualification certification of judges;

draw the conclusions on response of the judge;

consider question of disciplinary responsibility of the judge.

2. The qualification board of judges of the Supreme Court of Turkmenistan considers also claims of judges and representation of persons which initiated disciplinary proceedings on the decision of subordinate qualification boards on questions of response and disciplinary responsibility of judges.

3. Decisions of qualification board, except decisions on the questions connected with response and attraction to disciplinary responsibility, appeal are not subject, but can be reviewed on motivated representation of the Chairman of the Supreme Court of Turkmenistan in week time.

IV. Organization of activities of qualification boards of judges

1. The qualification board of judges when implementing of the powers assigned to it is effective in the presence in its structure at least a half of members of board.

2. The judges who are part of qualification board are exempted from accomplishment of the service duties on working hours of board with preserving the salary.

3. Meetings of qualification board are held as required. The chairman of qualification board determines time and the venue of meeting and the questions submitted for consideration of board. About the holding meeting and questions which are subject to consideration, the chairman of qualification board notifies members of qualification board, candidates for judges or judges whose candidates are subject to consideration, and also persons on whose representation they are considered of other interested persons.

4. Preparation of meeting of qualification board (reclamation of required materials, holding interview, etc.) is provided with the chairman of qualification board or according to its order other members of qualification board.

5. The meeting of qualification board of judges shall be held from the date of receipt in board of the corresponding representation in a month, and on disciplinary responsibility of the judge - no later than one month from the date of offense detection, apart from time of functional audit check or absence of the judge at work on reasonable excuse, for not later than one year from the date of its making.

6. The chairman declares opening of meeting and structure of qualification board. On structure of qualification board branch can be declared. The question of branch is subject to consideration by structure of board.

Consideration of the questions brought on meeting of board begins with the report of the chairman or one of members of board who was carrying out preliminary studying of the submitted documents and materials. Then the boards of person invited to meeting are heard, necessary documents and materials are considered. At meeting of qualification board one of members of board takes the protocol which is signed by the chairman and the secretary of board.

7. The decision of qualification board of judges is passed by a majority vote. Vote is taken in the absence of person, the question of whom is considered, and other invited persons. The conclusion and the decision are stated in writing with reduction of the corresponding motives, and signed by the chairman, members of board and announced.

In case of disagreement with the decision made on case the member of board who remained in minority signs the decision of board and states the special opinion in writing. The special opinion is filed.

8. The conclusion or the decision of qualification board of judges of the Supreme Court of Turkmenistan goes to the Chairman of the Supreme Court of Turkmenistan, and concerning judges subordinate sudovsootvetstvenno to the chairman of velayatsky court or Ashgabat city court.

9. The conclusion or the decision of qualification board of judges of courts in welayats and Ashgabat in 3-day time goes to qualification board of judges of the Supreme Court of Turkmenistan, to the chairman of velayatsky or Ashgabat city court.

10. Material logistics of work of qualification board of judges of the Supreme Court of Turkmenistan is assigned to the Supreme Court of Turkmenistan, and qualification boards of judges in welayats, Ashgabat - respectively on velayatsky and Ashgabat city courts.

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