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LAW OF TURKMENISTAN

of November 8, 2014 No. 137-V

About judicial and expert activities

(In edition of the Law of Turkmenistan of 20.03.2017)

This Law governs the public relations on implementation of judicial and expert activities in Turkmenistan. The procedure for appointment and conducting judicial examination is determined Criminal procedure, Civil procedural, Arbitral procedural by codes of Turkmenistan and the Code of Turkmenistan about administrative offenses.

Chapter I. General provisions

Article 1. The basic concepts used in this Law

In this Law the following basic concepts are used:

1) special scientific knowledge – area of special knowledge which content is made by the scientific knowledge realized in techniques of judicial and expert researches;

2) the expert opinion – the document processed according to requirements of the legislation of Turkmenistan reflecting the course and results of judicial and expert research;

3) judicial and expert activities – activities of bodies of judicial examination and court experts on the organization and conducting judicial examination;

4) the license for implementation of judicial and expert activities – permission to the occupation judicial and expert activities issued to physical person by authorized state bodies according to the procedure, established by the legislation of Turkmenistan;

5) technique of judicial and expert research – system of the methods applied when studying objects of judicial examination to establishment of the circumstances relating to subject of certain sort, type of judicial examination;

6) method of judicial and expert research – system of logical and tool transactions (methods, methods), the objects of judicial examination used when studying for establishment of the circumstances relating to subject of judicial examination;

7) judicial examination – the research of materials of criminal, civil, arbitration case or case on administrative offense conducted on the basis of special scientific knowledge for the purpose of establishment of the circumstances important for its permission;

8) subject of judicial examination – the circumstances important for permission of criminal, civil, arbitration case or case on administrative offense, established by conducting judicial examination;

9) objects of judicial examination – physical evidences, documents, body and condition of mentality of the person, corpses, animal and other samples which are intended for expert research, and also the data relating to subject of judicial examination and containing in case papers on which judicial expertize is carried out;

10) bodies of judicial examination – the state bodies performing judicial and expert activities according to the procedure, established by the legislation of Turkmenistan;

11) the head of body of judicial examination – the official performing management of judicial and expert activities of body of judicial examination;

12) the court expert – person conforming to requirements of this Law to which the body conducting criminal procedure, court or body authorized to consider cases on administrative offenses, the prosecutor, the notary according to the procedure, established by the legislation of Turkmenistan is entrusted conducting judicial examination;

13) specialty of the court expert – scientific competence of the court expert of the sphere of carrying out the certain type of judicial examination established by the legislation of Turkmenistan;

14) samples – the material objects displaying the properties of living persons, corpse, animal, substance, subject necessary for carrying out judicial and expert research and making the expert opinion.

Article 2. Legislation of Turkmenistan on judicial and expert activities

1. The legislation of Turkmenistan on judicial and expert activities is based on the Constitution of Turkmenistan and consists from Criminal procedure, Civil procedural, Arbitral codes of procedural Turkmenistan, the Code of Turkmenistan about administrative offenses, this Law and other regulatory legal acts of Turkmenistan.

2. If the international treaty of Turkmenistan establishes other rules than provided by this Law, then rules of the international treaty are applied.

Article 3. Content of judicial and expert activities

Content of judicial and expert activities includes:

1) conducting judicial examination on criminal, civil, arbitration cases and cases on administrative offenses;

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