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ARBITRAL PROCEDURE CODE OF TURKMENISTAN

of December 19, 2000 No. 52-II

(as amended on 13-03-2021)

new edition

Chapter I. General provisions

Article 1. Arbitral proceeding

Arbitral proceeding is performed by velayatsky courts and court of the city with the welayat rights, Arbitration Court of Turkmenistan and the Supreme Court of Turkmenistan (further - Arbitration Court) by the dispute resolution, following from economic and administrative legal relationship, other cases referred to their competence by the Constitution of Turkmenistan, this Code and other laws.

Article 2. Legislation on arbitral proceeding

1. Arbitral proceeding is performed on the basis of the Constitution of Turkmenistan and according to the Law of Turkmenistan "About court", this Code and the Code of civil procedure of Turkmenistan. Features of legal proceedings on separate categories of disputes can be established by other laws of Turkmenistan.

2. If in this Code there are no regulations on implementation of arbitral proceeding, 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.

3. Arbitral proceeding is conducted according to the legislation of Turkmenistan existing during consideration of the case, making of separate legal proceedings or execution of the decision of Arbitration Court.

4. The arbitration procedural law determining or strengthening responsibility, assigning new obligations on the legal entities and physical person having the status of the entrepreneur (further - physical persons) limiting use of the rights with additional terms has no retroactive force.

Article 3. Tasks of arbitral proceeding

Tasks of arbitral proceeding are:

1) protection of the violated or challenged rights and legitimate interests of legal entities and physical persons;

2) assistance to strengthening of legality in the economic sphere;

3) fair public legal proceedings in reasonable time by independent and just Arbitration Court;

4) the prevention of offenses in the sphere of business and other economic activity and legality strengthening;

5) forming of respect for the law and Arbitration Court;

6) assistance to formation and development of partner business relations, to forming of customs and ethics of business conduct.

Article 4. Right to the appeal to Arbitration Court

1. Legal entities and physical persons have the right to appeal to Arbitration Court behind protection of the violated or challenged rights and legitimate interests.

2. In the cases provided by this Code, in protection of the state and public concerns the prosecutor, public authorities, local government bodies and other bodies have the right to the appeal to Arbitration Court.

3. Foreign legal entities and physical persons have the right to appeal to Arbitration Court of Turkmenistan in the cases provided by this Code, other laws, international treaties of Turkmenistan or the agreement of the parties.

4. If the law or the agreement provide pre-judicial procedure for dispute settlement, then the dispute can be accepted for consideration of Arbitration Court only after observance of such procedure.

The pre-judicial procedure for dispute settlement is understood as specific specifying in the agreement of pre-judicial procedure for dispute settlement, that is form of the claim requirement, procedure for its direction (delivery), form, procedure and term of its consideration and making the answer signed between the parties.

5. The action for declaration, the statement, the claim, representation and other documents can be filed to Arbitration Court on paper or in electronic form, including in electronic form, signed by the digital signature, according to the procedure, established by the legislation of Turkmenistan, by means of filling of the form posted on the official site of Arbitration Court on the information and telecommunication Internet.

Article 5. Independence of judges by consideration of arbitration cases

1. By consideration of arbitration cases of the judge are independent, they submit only to the law.

2. Judges resolve arbitration cases in the conditions excluding foreign impact on them. Any intervention in activities of Arbitration Court for implementation of justice is inadmissible and attracts legal accountability.

Article 6. Competitiveness and equality of participants

1. Arbitral proceeding is performed on the basis of competitiveness and equality of participants. The parties have the equal procedural law and perform equal procedural duties.

2. The parties choose during arbitral proceeding the line item, methods and means of its upholding independently and irrespective of Arbitration Court, other bodies and persons. The Arbitration Court is completely exempted from collection of proofs on own initiative for the purpose of establishment of the actual facts of the case, however according to the motivated petition of the parties renders them assistance in the receipt of required materials according to the procedure provided by this Code.

3. The Arbitration Court bases the decision only on those proofs, participation in which research was on an equal basis provided to each of the parties.

4. The Arbitration Court considering case, keeping objectivity and impartiality, creates necessary conditions for realization of the rights of the parties to complete and objective research of the facts of the case, explains to persons participating in case, their rights and obligation, warns about consequences of making or not making of legal proceedings and renders in the cases provided by this Code to them assistance in implementation of their rights. The parties have the right to know about each other arguments prior to arbitration legal proceedings.

5. The Arbitration Court shows equal and respect for the parties.

Article 7. Language of arbitral proceeding

1. Arbitral proceeding is conducted in state language of Turkmenistan.

2. The right of acquaintance with case papers, participations in legal proceedings through the translator, and also the right to appear in Arbitration Court in the native language is provided to the participants of arbitral procedure who are not knowing language of arbitral proceeding.

Article 8. Publicity of arbitral legal procedure

1. Hearing of cases is performed in open session of Arbitration Court.

2. Under the arbitration court ruling the closed judicial session is carried out in the following cases:

1) for the benefit of protection of the state secret;

2) in case of satisfaction with Arbitration Court of the petition of one of the parties referring to need of preserving official, trade and other secret;

3) in other cases provided by the law.

Article 9. Spontaneity and ustnost of legal proceedings

1. The Arbitration Court in case of trial of case shall research directly all proofs on case.

2. Proofs which were not object of research in arbitral judicial session cannot be by Arbitration Court the basis for the accepted court decree.

3. Trial of case is conducted orally. In case of replacement of the judge during consideration of the case trial of case shall be made since the beginning.

Article 10. Applicable legislation

1. Arbitration Courts resolve cases, being guided by the Constitution and the laws of Turkmenistan, other regulatory legal acts of Turkmenistan, international treaties of Turkmenistan.

2. The legislation of other states is applied if it is provided by international treaties of Turkmenistan, and also agreements of the parties. In case of absence in the foreign laws of the regulations governing the disputable relations the relevant standards of the right of Turkmenistan are applied.

3. In case of lack of the laws governing the disputable relation the laws governing the similar relations are applied, and in the absence of such laws of case are permitted proceeding from the general beginnings and sense of the laws.

4. In case of lack of the regulation of procedural law governing the relations which arose during arbitral proceeding in Arbitration Courts, Arbitration Courts apply the regulation governing the similar relations, and in the absence of such regulation of case are permitted proceeding from the principles of implementation of justice in Turkmenistan.

Article 11. Obligation of court decrees

1. The Arbitration Court accepts court decrees in the form of the decision, determinations and resolutions.

2. Execution of the court decrees which took legal effect and also legal requirements, orders, challenges and other appeals of Arbitration Court is obligatory in the territory of Turkmenistan.

3. Non-execution of court decrees, and also disrespect for Arbitration Court attract responsibility, stipulated by the legislation Turkmenistan.

4. Court decrees of courts of foreign states, international courts and arbitration are performed in the territory of Turkmenistan according to international treaties of Turkmenistan.

Article 12. Legality and justification of court decrees

1. Court decrees shall be legal and reasonable.

2. The court decree is based only on the proofs checked in judicial session.

Article 13. Review of court decrees

Court decrees on arbitration cases can be reviewed according to the procedure, established by this Code.

Chapter II. Structure of Arbitration Court. Branches

Article 14. Structure of Arbitration Court

1. In Arbitration Court of the first instance cases are considered solely by the judge.

2. According to the decision of the chairman of Arbitration Court any case can be considered jointly by judges.

3. Cases in cassation and supervising instances are considered jointly by judges according to the procedure, established by this Code.

4. In case of joint consideration of the case by judges as a part of Arbitration Court at least three judges shall participate.

5. All judges by hearing of cases have the equal rights.

Article 15. Procedure for permission of questions Arbitration Court when considering the case

1. When considering the case in Arbitration Court of the first instance all arising issues are resolved by the judge solely.

2. The questions arising in case of joint consideration of the case are permitted by judges by a majority vote. None of judges have no right to refrain from vote. The chairman in judicial session votes the last.

3. The judge not concordant with the solution of the majority shall sign this decision and has the right to state in writing the special opinion which is filed, but is not disclosed. Persons participating in case do not obtain special opinion of the judge.

Article 16. Removal of the judge

1. The judge cannot be involved in consideration of the case and is subject to branch in cases if:

1) he is relative of one of persons participating in case or their representatives;

2) he personally is directly or indirectly interested in the outcome of the case or there are good causes raising doubts in his impartiality;

3) he participated in this case as the witness, the expert, the specialist, the translator, the representative or the prosecutor earlier.

2. The judges consisting in relationship among themselves cannot enter into structure of the Arbitration Court considering case.

Article 17. Removal of the prosecutor, expert, specialist and translator

1. The prosecutor, the expert, the specialist and the translator cannot be involved in consideration of the case in the presence of the bases specified in article 16 of this Code and are subject to branch. Besides, as the bases for removal of the expert and the specialist can serve:

1) its job or other dependency from persons participating in case or their representatives at the time of trial of case or in the past;

2) production of audit or are used by it which materials formed the basis or reason for the appeal to Arbitration Court when considering the case.

2. Participation of the prosecutor, expert, specialist or translator in meeting by the previous consideration of this case respectively as the prosecutor, the expert, the specialist and the translator is not the basis for their branch.

Article 18. Inadmissibility of repeated participation of the judge in consideration of the case

1. The judge who was earlier involved in consideration of the case on the first instance cannot participate in consideration of this case in Arbitration Court of cassation or supervising instance, and is equal participate in new trial of this case in Arbitration Court of the first instance in case of cancellation of the court decree issued with its participation, except cases of hearing of cases on newly discovered facts.

2. The judge who was involved in consideration of the case in Arbitration Court of cassation instance cannot consider this case in Arbitration Court of the first instance or participate in consideration of this case according to the procedure of judicial supervision, and is equal participate in new trial of case in Arbitration Court of cassation instance after cancellation of the determination which is taken out with its participation.

3. The judge who was involved in consideration of the case according to the procedure of judicial supervision cannot consider this case in Arbitration Court of the first instance, and cannot equally participate in consideration of this case in Arbitration Court of cassation instance

4. Participation of the judge in consideration of the case in Arbitration Court of the first, cassation or supervising instance does not deprive of it the right to participate in consideration of this case in structure of the Plenum of the Supreme Court of Turkmenistan.

5. Participation of the judge in consideration of the case as a part of the Plenum of the Supreme Court of Turkmenistan does not deprive of it the right to participate in de novo review of this case in Arbitration Court of the first, cassation or supervising instance.

Article 19. Statement for branch and rejection

1. In the presence of the circumstances specified in Articles 16 and 17 of this Code, the judge, the prosecutor, the expert, the specialist and the translator shall declare rejection. On the same bases branch can be declared by persons participating in case.

2. Branch and rejection shall be motivated and declared before adoption of the court decree on case.

3. The unreasonable refusal of implementation of justice is not allowed.

4. The unfounded allegation about removal of the judge is not subject to satisfaction.

Article 20. Procedure for permission of the declared branch (rejection)

1. In case of the statement of branch (rejection) the Arbitration Court shall listen to opinions of persons participating in case and also faces to which branch is declared if taken away wishes to offer explanations.

2. The question of removal (rejection) of the judge considering case solely is allowed by the chairman or other judge of Arbitration Court, in case of their absence - the judge of superior Arbitration Court.

3. The question of removal of the judge in case of joint consideration of the case is resolved by other judges in absence of the judge to which branch is declared. In case of equal poll, given for branch and against it, the branch declared to the judge is considered satisfied.

4. The question of the branch declared to several judges or all structure of Arbitration Court is allowed by the chairman of this Arbitration Court or the judge of superior Arbitration Court.

5. The question of removal of the prosecutor, the expert, the specialist or the translator is allowed by the Arbitration Court considering case.

6. The question of branch is resolved by Arbitration Court in the consultative room, except as specified, provided by parts two and the fourth this Article.

7. Determination about satisfaction or variation of branch is not subject to appeal and bringing of representation. Arguments about disagreement with determination can be included in writs of appeal or applications for revision of the court decree according to the procedure of supervision.

Article 21. Consequences of satisfaction of the declared branch (rejection)

1. In case of satisfaction of branch (rejection) declared to the judge considering case in Arbitration Court of the first instance, case is considered in the same Arbitration Court by other judge, or case is submitted to other Arbitration Court of the first instance through superior Arbitration Court if in Arbitration Court in which production there is case replacement of the judge is impossible.

2. In case of satisfaction of branch (rejection) declared to the judge or all structure of Arbitration Court when considering the case in Arbitration Court of cassation or supervising instance, case is considered in the same Arbitration Court, but in other list of judges.

3. If as a result of satisfaction of the declared branch or rejection it is impossible to create new structure of Arbitration Court for consideration of this case in the same Arbitration Court, the case is submitted to other Arbitration Court of the same level.

Chapter III. Jurisdiction and cognizance of cases to Arbitration Court

Article 22. Cases subordinated to Arbitration Court

1. Cases on the disputes following from economic and administrative legal relationship are subordinated to Arbitration Court.

2. Arbitration Courts resolve disputes:

1) about disagreements under the agreement which conclusion is provided by the law or the agreement of the parties;

2) about change of terms of the contract, about agreement cancelation, about recognition by its invalid;

3) about non-execution or improper execution of obligations;

4) about recognition of the property right;

5) about reclamation by the owner or other legal owner of property from others adverse possession;

6) about violation of the rights of the owner or other legal owner which are not connected with deprivation of ownership;

7) about indemnification;

8) about recognition invalid (fully or partially) the legal acts of substandard nature of the state bodies, local government bodies and other bodies which are not corresponding to regulatory legal acts of Turkmenistan and violating the rights and legitimate interests of legal entities and physical persons, and also about indemnification, such acts connected with acceptance;

9) about protection of advantage and goodwill of legal entities and physical persons;

10) about appeal of refusal in state registration or evasion from state registration at the scheduled time of legal entity or physical person as the individual entrepreneur and in other cases when such registration is provided by the law;

11) about return from the cash budget, written off by the bodies performing control functions in indisputable procedure (without acceptance) with violation of requirements of regulatory legal act;

12) about tax collection and obligatory payments;

13) about establishment of the facts important for origin, change or the termination of the rights of the legal entity or individual entrepreneurs (further - the facts having legal value);

14) about bankruptcy of legal entities and physical persons.

The Arbitration Court can consider also other cases referred to its competence by the law.

3. The Arbitration Court takes out determination about the writ according to the procedure of mandative production if:

1) requirements follow from non-execution or improper execution of the agreement and are based on the documents submitted by the claimant establishing monetary commitments which the debtor are recognized, but are not performed if the price of the declared requirements does not exceed ten thousand manats;

2) the requirement is based on the protest of the bill of exchange made by the notary in non-payment, the non-acceptance and not dating of the acceptance if the price of the declared requirement does not exceed ten thousand manats;

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