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LAW OF TURKMENISTAN

of November 8, 2014 No. 135-V

About enforcement proceeding and the status of legal executives

(In edition of the Laws of Turkmenistan of 18.08.2015 No. 269-V, 26.03.2016 of No. 375-V)

This Law determines organization-legal basis of maintaining enforcement proceeding in Turkmenistan, and also the status of legal executives.

Section I. General provisions

Article 1. Legislation on enforcement proceeding and status of legal executives

1. The legislation on enforcement proceeding and the status of legal executives is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan regulating enforcement proceeding and activities of legal executives.

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

Article 2. Executive bodies

Execution of court orders and competent authorities (officials) is assigned to legal executives of Management on the organization and control of activities of legal executives of the Supreme Court of Turkmenistan, its departments in velayatsky courts and courts of the cities with the welayat rights, and also etrapsky courts and courts of the cities with the rights of etraps.

Article 3. Enforcement proceeding tasks

Tasks of enforcement proceeding are obligatory and timely execution of the corresponding part of decisions, determinations and resolutions on civil, arbitration and administrative cases, sentences, determinations and resolutions on criminal cases concerning deduction of payments from property, and also execution in the cases provided by this Law and international treaties of Turkmenistan, decisions and resolutions of other bodies, resolutions of courts, arbitration of foreign states according to regulations of the legislation of Turkmenistan.

Article 4. Coverage of the legislation on enforcement proceeding

1. Executive actions on enforcement proceeding are performed according to the legislation of Turkmenistan existing during making of executive actions.

2. The enforcement proceeding in the territory of Turkmenistan according to executive documents of foreign states is performed according to the legislation of Turkmenistan if other does not follow from international treaties of Turkmenistan.

Article 5. Enforcement proceeding language

1. In Turkmenistan the judicial enforcement proceeding is conducted in state language.

2. For the parties which are not knowing language in which the judicial enforcement proceeding is conducted the right to offer explanations, to declare petitions, to bring claims and to get acquainted with enforcement proceeding in the native language or other language which they know, and according to the procedure, determined by this Law, to use translation service is provided.

Article 6. Enforcement proceeding document types

1. Documents of enforcement proceeding are following:

1) the executive acts issued based on decisions, sentences, determinations and resolutions of courts (judges), and also voluntary settlements approved by courts, decisions of reference tribunals, decisions of international courts, courts and Arbitration Courts of foreign states;

2) executive texts of the bodies performing notarial actions;

3) orders of courts of Turkmenistan on arbitration cases;

4) the payment orders which are timely not paid and accepted by the payer;

5) the certificates issued based on decisions of the commissions on employment disputes or resolutions of the trade-union organizations;

6) the resolutions on money payments issued by the commissions on cases of minors;

7) the resolutions on collection from citizens of payments in indisputable procedure issued by administrative authorities and officials;

8) resolutions of officials of bodies, representatives to consider cases on administrative offenses;

9) the resolutions Gengesha about collection of the caused damage from citizens, the companies, organizations, the organizations, public organizations accepted within the powers;

10) resolutions of the prosecutor on forced eviction of the citizens who self-willedally occupied premises or living in emergency premises;

11) agreements on payment of the alimony;

12) other documents, stipulated by the legislation Turkmenistan, subject to execution.

2. In case of question of accessory or not belonging of documents to execution the matter is resolved by determination of the judge.

3. In case of loss of the original of the executive document the basis for execution is its duplicate issued according to the procedure, established by this Law, body which issued this act.

Article 7. Contents of the writ of execution

1. In writ of execution shall be specified:

1) the name of the court which issued writ of execution;

2) the case which is subject to execution;

3) decision date;

4) final part of the decision (it is specified literally);

5) date of entry of decision into legal force;

6) date of issue of writ of execution;

7) name, middle name, surname, place and birth date, address of the claimant and debtor, place of employment or studies, place of receipt of pension; if they are legal entities, then this settlement accounts, bank details; if damage is caused by crime execution, then Article under which the debtor is condemned is specified; on cases on payment of the alimony the name, day, month and year of birth of the child on whom the alimony shall be paid shall be entered.

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