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LAW OF TURKMENISTAN

of November 8, 2014 No. 135-V

About enforcement proceeding and the status of legal executives

(as amended on 18-12-2021)

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.

2. The writ of execution is signed by the judge, the court secretary and certified by seal of court.

3. Contents of the executive documents issued by other bodies and officials are determined by the relevant legislation of Turkmenistan.

4. If the decision which is subject to execution raises doubts, then the legal executive has the right to ask the court which considered case, to explain this decision. The legal executive has the right to require explanation and according to other executive documents which are subject to execution from the bodies which issued them and officials.

Section II. Legal executives

Article 8. Legal executive

1. The legal executive is the official who is in public service and carrying out the tasks assigned to him by the law on execution of court resolutions and acts of other bodies.

The legal executive has the right to take measures for ensuring execution of executive documents on own initiative, and according to the statement of the claimant shall take such measures.

2. Legal executives consist as a part of courts and are appointed to position:

1) Legal executives of the Supreme Court of Turkmenistan, the senior legal executives of velayatsky courts and courts of the cities with the welayat rights – the Chairman of the Supreme Court of Turkmenistan on representation of the head of department on the organization and control of activities of legal executives of the Supreme Court of Turkmenistan;

2) legal executives of Arbitration Court of Turkmenistan, velayatsky courts and courts of the cities with the rights of the welayat, etrapsky courts and courts of the cities with the etrap rights on representation of chairmen of these courts – respectively chairmen of Arbitration Court of Turkmenistan, velayatsky courts and courts of the cities with the welayat rights in coordination with the Supreme Court of Turkmenistan.

3. If in courts there are two and more legal executives, one of them is appointed the senior legal executive and directs activities of other legal executives.

Article 9. Control of activities of legal executives

Control of activities of legal executives departments of velayatsky courts and courts of the cities with the rights of the welayat and the relevant courts exercise Control on the organization and control of activities of legal executives of the Supreme Court of Turkmenistan.

Article 10. Requirements imposed to the legal executive

1. The citizen of Turkmenistan who reached age of twenty three years, having the higher legal education, conforming to the professional requirements imposed by the legislation of Turkmenistan capable on the business and personal qualities to carry out assigned to it obligations which passed professional certification can be appointed the legal executive.

2. Legal executives are provided with the clothes of single sample, distinctive marks approved by authorized body.

Article 11. Material security and social protection of legal executives

1. Class ranks are appropriated to legal executives according to regulatory legal acts of Turkmenistan.

2. Procedure for assignment of class ranks to legal executives and the amount of surcharges for them is established by the Cabinet of Ministers of Turkmenistan.

3. The material security of legal executives is performed by the Supreme Court of Turkmenistan.

4. Failure to carry out of legal requirements of the legal executive or hindrance to their execution, komprometirovany the legal executive or members of his family in connection with office activities, the threat, use of force or infringement of life, the health, property, other actions interfering accomplishment of service duties of the legal executive attract the responsibility established by the legislation of Turkmenistan.

5. In case of hindrance to entrance with presentation of the official ID to the building, the placement or on the territory of the company, organization, organization irrespective of patterns of ownership, and also to premises or other buildings in which there is property of the debtor, or other legal activities of the legal executive the legal executive draws up about it the statement and materials files a lawsuit in the place of implementation of executive actions for the solution of question of involvement of guilty persons to responsibility according to the procedure, stipulated by the legislation Turkmenistan.

6. Local executive bodies shall provide with well-planned housing of the legal executives needing improvement of housing conditions.

7. In case of death of the legal executive staying on the registry on improvement of housing conditions, on duty one of members of the family of the dead has the right to stay on the registry for receipt of living space from the state housing stock according to the procedure established by the legislation of Turkmenistan.

Article 12. Work of legal executives in combination

Legal executives cannot be engaged in other paid work, except pedagogical and research activities.

Article 13. Rights of legal executives

Legal executives have the right:

1) to issue decrees on the questions carried to execution;

2) to constitute protocols on administrative offenses;

3) during implementation of executive actions to make in court offers on search of the defendant, the debtor on the cases connected with delay or separation of execution on terms, change of method and procedure for execution, and also payment of the alimony, reclamation of the child, damnification of life and to health of the person, damnification to the state and another matters connected with property;

4) to call citizens and officials according to the executive documents which are in production;

5) to exercise control of execution of executive documents in organizations, at the companies, in the organizations irrespective of patterns of ownership, including the physical persons who are engaged in business activity without formation of legal entity;

6) to give instructions concerning implementation of separate executive actions;

7) to enter in the presence of witnesses, representatives of housing and operational bodies or local government bodies to the premises occupied or belonging to debtors, and also other persons in the presence of the data confirming stay at them the property belonging to the debtor, and in case of need - compulsorily to open premises and constructions, to perform inspection;

8) to be instantly accepted heads and other officials of organizations, companies, organizations irrespective of patterns of ownership for the questions connected with execution of executive documents;

9) to make photography and video of the revealed property;

10) to impose arrest on the money and securities of debtors which are in banks, according to the procedure, established by the legislation of Turkmenistan;

11) to impose temporary arrest before clarification of accessory of property with observance of the regulations provided by this Law;

12) to impose arrest property of the debtor, to describe, seal, withdraw, transfer to storage and to realize it according to the procedure, established by the legislation of Turkmenistan;

13) according to the procedure, established by the legislation of Turkmenistan to use transport of the claimant and debtor for transportation, premises of the companies, organizations and organizations – for storage of the withdrawn property;

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