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LAW OF TURKMENISTAN

of November 8, 2014 No. 134-V

About court

This Law according to the Constitution of Turkmenistan determines organization-legal basis of activity of the courts, performing judicial authority in Turkmenistan, procedure for appointment and release of judges, and also their powers.

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 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

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

2. Arbitration cases in Trial Courts, are considered by the judge solely, and in the cases established by the legislation, - is joint. These cases in higher 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.

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