LAW OF TURKMENISTAN

of February 6, 1998 No. 270a-I

About appeal in court of actions of the state bodies, public associations, local government bodies and officials violating constitutional rights and freedoms of citizens

This Law according to the Constitution of Turkmenistan determines the legal basis of appeal by citizens in court of actions or decisions of the state bodies, public associations, local government bodies and officials violating constitutional rights and freedoms of citizens, and also procedure for consideration by court of the specified claims.

Article 1. The right of citizens to the address with the claim to court

Each citizen, whose constitutional rights and freedoms are broken or restrained by actions or decisions of the state bodies, public associations, local government bodies or officials having the right to appeal with the claim to court.

Foreign citizens and stateless persons have the address right with the claim in court according to the procedure, established by this Law if other is not defined by the legislation or international treaties of Turkmenistan.

Article 2. Actions or decisions which can be appealed in court

Joint or individual actions or decisions of state bodies, public associations, local government bodies and officials can be appealed by citizens in court if as a result of these actions or decisions:

the rights and freedoms of man and citizen established by the Constitution and the laws of Turkmenistan are broken;

constitutional rights and freedom of man and citizen are restrained or obstacles for their implementation are created;

any obligation is illegally assigned to the citizen.

Article 3. Procedure for submission of the claim

On the actions or decisions breaking constitutional rights and freedom of man and citizen he has the right to address with the claim to higher body, to the higher official, to the prosecutor or is direct in court.

The complaint can be made by the citizen whose constitutional rights and freedoms are broken, or his representative.

At the discretion of the citizen the claim is filed a lawsuit in the place of his residence or in court in the body location, or on place of employment of the official whose actions or decisions are appealed.

Article 4. Circulation periods in court with the claim

For appeal to the court with the claim the following terms are established:

one year from the date of when the citizen knew of violation of its rights and freedoms;

three months from the date of receipt by the citizen of the written notice of refusal of higher body or the official in grievance settlement;

three months from the date of the expiration of the term established for consideration of the claim if the citizen after submission of the claim did not receive on it the written answer.

The submission due date of the claim missed on reasonable excuse can be recovered by court.

Article 5. Actions of court according to the claim

The complaint made in accordance with the established procedure is subject to consideration. The refusal in acceptance of the claim is forbidden. Having taken cognizance of the claim, court:

will request from required materials relevant organs or officials;

at the request of the citizen or his representative, or on the initiative resolves question of suspension of execution of the appealed action or the decision before consideration of the claim in essence.

Article 6. Procedure for consideration of the claim by court

Claims of the citizen to actions or decisions of state bodies, public associations, local government bodies and officials are considered solely by the judge in ten-day time on civil procedure rules.

Article 7. The judgment according to the claim

By results of consideration of the claim the court passes the decision.

Having established justification of the claim, the court recognizes the appealed action or the decision illegal, obliges to meet the requirement of the citizen, to recover its violated constitutional rights and freedoms or to eliminate the circumstances restraining or interfering implementation by the citizen of its rights and freedoms.

If the court recognizes the appealed action or the decision legal, not violating and not infringing the rights and freedoms of the citizen, and also not interfering their implementation, it refuses grievance settlement.

The refusal of court in grievance settlement of the citizen attracts cancellation of the decision on suspension of execution of the appealed action or the decision. The judgment according to the claim of the citizen can be appealed in superior court according to the procedure, established by the legislation.

Article 8. Execution of the judgment according to the claim

The judgment which took legal effect is obligatory for all state bodies, public associations, local government bodies, officials, citizens and is subject to execution.

The judgment goes to body or official persons, actions or solutions of which were appealed, and also to the citizen who made the complaint no later than ten days after its introduction in legal force.

Article 9. Compensation of the legal costs connected with consideration of the claim

The legal costs connected with consideration of the claim are assigned to body or the official if the court determines that their actions or decisions are illegal, break, restrain or interfere with implementation by the citizen of its constitutional rights and freedoms.

The legal costs connected with consideration of the claim if the court passes the decision on refusal in its satisfaction, cannot be assigned to the citizen.

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