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LAW OF TURKMENISTAN

of August 15, 2009 No. 49-IV

About court

(as amended on 13-03-2021)

Section I. General provisions

Article 1. Powers of judicial authority

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.

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 civil, arbitral, administrative and criminal trial.

4. Requirements and orders of judges when implementing of powers by them are obligatory for one and 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.

Article 2. Legislation of Turkmenistan on court

The legislation of Turkmenistan on court consists of the Constitution of Turkmenistan, this Law and other laws regulating questions of legal proceedings and legal status of judges in Turkmenistan.

Article 3. Tasks of courts

1. Performing justice, the court 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 law and order, protection of the rights and freedoms, honor and advantage of citizens, elimination of the reasons and conditions promoting making of offenses

Article 4. Independence of judges

1. Judges are independent, they submit only to the law and are guided by internal belief.

In the activities for 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. Disrespect for court or the judge, and also intervention in their activities are inadmissible and attract the responsibility established by the law.

4. Independence and immunity of judges are guaranteed by the law.

Article 5. Equality of all before the law and court

1. Justice in Turkmenistan is performed on the basis of equal rights and freedoms and competitiveness of the parties, and also on the basis of equality of all before the law and court irrespective of nationality, race, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch, and equally in other circumstances which are not provided by the laws of Turkmenistan.

2. The parties, according to the procedure, established by the legislation of Turkmenistan, have the right to appeal of decisions, sentences and other resolutions of courts of Turkmenistan.

Article 6. Right of citizens to protection judicially

1. Citizens of Turkmenistan have right of defense judicially from wrongful acts of state bodies, public associations and officials, from any infringement of honor and advantage, life and health, the personal and political rights and freedoms of man and citizen provided by the Constitution of Turkmenistan.

2. Foreign citizens and stateless persons have right of defense judicially on an equal basis with citizens of Turkmenistan according to the legislation and international treaties of Turkmenistan.

Article 7. Implementation of justice in strict accordance with the law

Justice in Turkmenistan is performed in strict accordance with the legislation of Turkmenistan. In the cases established by the law courts of Turkmenistan can apply also the laws of other states.

Article 8. Joint and individual hearing of cases

Except as specified, when the law hearing of cases solely by the judge is authorized, put all courts and in all degrees of jurisdiction are considered jointly.

Article 9. Language in which judicial proceedings are conducted

1. Legal proceedings and clerical work in all courts of Turkmenistan are conducted in state language.

2. The right 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 is provided to the participants of case who are not knowing legal proceedings language.

Article 10. Publicity in activity of the courts

1. Trial of cases in all courts - open.

2. Hearing of cases in closed meeting of court is allowed 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.

Article 11. Presumption of innocence

Everyone is considered innocent until his guilt in crime execution is proved in accordance with the established procedure and established by the court verdict which took legal effect.

Article 12. Ensuring right of defense and receipt of legal aid in court

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 citizens and the organizations is rendered by lawyers, and also other persons.

3. The procedure for rendering legal aid, the right and obligation of the representatives and defenders who are involved in judicial proceedings are determined by the legislation of Turkmenistan.

Article 13. Participation of the prosecutor by hearing of cases in court

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 which are established by the law.

Section II. Judicial system

Chapter I. Courts of Turkmenistan

Article 14. Courts of Turkmenistan

In Turkmenistan the Supreme Court of Turkmenistan, Arbitration Court of Turkmenistan, velayatsky courts and courts of the cities with the welayat rights, and also etrapsky courts and courts of the cities with the etrap rights are effective.

Article 15. Creation and abolition of courts

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 and courts of the cities with the welayat rights, 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. The number of judges and assessors of all courts of Turkmenistan is determined by the President of Turkmenistan by representation of the Chairman of the Supreme Court of Turkmenistan.

Chapter II. Etrapsky courts and courts of the cities with the etrap rights

Article 16. Formation of etrapsky court and court of the city with the etrap rights

The Etrapsky court and court of the city with the rights of the etrap is formed in the etrap, in the city with the etrap rights, and also one etrapsky, city court on the etrap and the city and mezhetrapsky court can be created.

Article 17. Structure of etrapsky court and court of the city with the etrap rights

1. The Etrapsky court and court of the city with the rights of the etrap consists of the chairman of justices, judges and assessors of courts.

2. Positions of the vice-chairman of these courts can be entered into structure of etrapsky courts and courts of the cities with the rights of the etrap.

Article 18. Powers of etrapsky court and court of the city with the etrap rights

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 civil, criminal cases, except for the cases referred by the law to maintaining other courts.

2. In cases, stipulated by the legislation Turkmenistan, the judge of etrapsky court and court of the city with the etrap rights, and also judges on administrative and to enforcement proceeding consider cases on administrative offenses.

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 conferred to it by the legislation of Turkmenistan.

Article 19. The chairman of etrapsky court and court of the city with the etrap rights

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 offers, statements and claims;

4) directs studying and generalization of court practice and maintaining legal statistics;

5) brings submissions to state bodies, public associations and to officials, and also heads of the companies, organizations, organizations about elimination of the violations of the law, the reasons and conditions promoting making of offenses;

6) will organize work of the judge on administrative and to enforcement proceeding;

7) will organize operation of the office of court;

8) will organize work on advanced training of employees of court, and also level of legal knowledge of assessors of court;

9) Ceased to be valid according to the Law of Turkmenistan of 26.03.2016 No. 376-V

10) performs other powers conferred to it by the legislation of Turkmenistan.

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