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CODE OF CIVIL PROCEDURE OF TURKMENISTAN

of August 18, 2015

(as amended of the Law of Turkmenistan of 20.03.2017)

Section I. General provisions

Chapter 1. Civil procedural legislation of Turkmenistan
Article 1. Legislation on civil legal proceedings

1. The procedure for production in courts of Turkmenistan is determined by civil cases by the Constitution of Turkmenistan, this Code and other laws of Turkmenistan adopted according to them.

2. The legislation on civil legal proceedings establishes procedure for hearing of cases on the disputes arising from civil, family, employment, housing, land and other legal relationship, cases arising from administrative legal relations and cases of special proceeding. The cases arising from administrative legal relations and cases of special proceeding are considered according to general rules of practice with the withdrawals and amendments provided by Chapters 24-36 of this Code.

Article 2. Application in civil legal proceedings of the precepts of law prevailing

1. The constitution of Turkmenistan has the highest legal force and direct action in all territory of Turkmenistan. In case of contradiction between regulations of this Code and the Constitution of Turkmenistan Constitution provisions are effective.

2. In case of contradiction between regulations of this Code and other regulatory legal acts of Turkmenistan provisions of this Code are effective.

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

Article 3. Operation of the civil procedural legislation in time

1. Civil legal proceedings are performed according to the civil procedural legislation existing during consideration of the case, making of separate legal proceedings.

2. The civil procedural legislation assigning new obligations, canceling or diminishing the rights belonging to participants of process use limiting them additional terms has no retroactive force.

3. Admissibility of proofs is determined according to the law existing at the time of their obtaining.

Article 4. Explanation of some names and terms containing in this Code

The names and terms containing in this Code have the following value:

1) court – the judicial body entering judicial system of Turkmenistan and performing justice. The Supreme Court of Turkmenistan, velayatsky courts and courts of the city with the welayat rights, etrapsky courts and courts of the city with the etrap rights treat it;

2) Trial Court – the court considering civil cases originally;

3) court of cassation instance – the court considering in cassation procedure cases on claims or representations on the decisions and determinations of Trial Court which did not take legal effect;

4) Supervisory Court – the court considering according to the procedure of supervision cases on claims or representations on the decisions, determinations and court orders which took legal effect;

5) the judge – the chairman of justices, the vice-chairman of court, the judge performing judicial authority according to the procedure, established by the law;

6) prosecutor – The Attorney-General of Turkmenistan and the prosecutors subordinated to it, their deputies, senior assistants and assistants, chiefs of head departments and managements, chiefs of the main departments and departments, their deputies, the senior prosecutors and prosecutors acting within the competence;

7) legal proceedings – judicial session of court of the first, cassation and supervising instances;

8) the chairman – the judge presiding by consideration of civil case;

9) legal representatives are parents, adoptive parents, guardians, custodians of the claimant or the defendant, or the third party and other persons to whom this right is granted by the law, and also organizations and the organizations on which care there is claimant or the defendant, the third party;

10) close relatives are parents (including adoptive parents), spouses, children (including adopted), the grandfather and the grandmother on the father's side and mothers, grandsons, full and not full brothers and sisters;

11) the representative – person, authorized to represent legitimate interests of the claimant, defendant and the third party in production on civil case;

12) civil cases – claim cases (on the disputes following from civil, family, employment, housing, land and other relationships), the cases arising from administrative legal relations, cases of special proceeding and other cases in the cases provided by the law;

13) proceeedings – set of the legal proceedings and resolutions performed on specific civil case during its excitement, pre-judicial preparation, legal proceedings;

14) legal proceedings – the actions made during civil legal proceedings according to this Code;

15) the court decree – the decision, determination, the resolution of courts of all instances;

16) the decision – the court decree of the Trial Court which considered the merits of the case;

17) determination – any court decree of courts of all instances, except the resolutions specified in Items 16 and 18 of this Article;

18) the resolution – the court decree accepted by Presidium of velayatsky court and court of the city with the welayat rights, Presidium, the Plenum of the Supreme Court of Turkmenistan;

19) the protocol – the document constituted according to the procedure, established by this Code of which are reflected and make sure the production fact on civil case, content and results of judicial actions;

20) the writ of appeal – the claim about cancellation or change of the decision which did not take legal effect;

21) cassation representation – idea of the prosecutor of cancellation or change of the decision which did not take legal effect;

22) the private claim – the claim to the determination of Trial Court which did not take legal effect;

23) private representation – representation of the prosecutor on the determination of Trial Court which did not take legal effect;

24) the claim according to the procedure of supervision – the claim brought on the court decree which took legal effect;

25) representation according to the procedure of supervision – the representation of the prosecutor brought on the court decree which took legal effect;

26) the dependent writ of appeal – the claim brought by the counter party after the expiration for appeal in case of submission of the writ of appeal by one party.

Chapter 2. Tasks and principles of civil legal proceedings
Article 5. Tasks of civil legal proceedings

Tasks of civil legal proceedings are the correct and timely consideration and permission of the civil cases for the purpose of protection of property broken or the challenged social and economic, political, personal rights and freedoms of the citizens guaranteed by the Constitution of Turkmenistan and the laws, and protected by the law of interests of physical persons and legal entities.

Article 6. Principles of civil legal proceedings

The principles of civil legal proceedings are the provisions given in this head Kodeksa having fundamental nature and determining correctness and justification of production by each case.

Article 7. Legality

1. The court in case of permission of cases according to the procedure of civil legal proceedings shall observe precisely requirements of the Constitution of Turkmenistan, of this Code and other regulatory legal acts of Turkmenistan.

2. Violation of the law by court in case of permission of cases inadmissibly also involves cancellation of illegal court decrees according to the statement of the parties or one of the parties.

3. In case of lack of the rules of law regulating disputable legal relationship, the court applies the rules of law governing the similar relations, and in the absence of such regulations resolves dispute proceeding from the general beginnings and sense of the legislation.

4. If regulatory legal acts or the agreement of the parties of dispute provide permission of appropriate questions by court, the court shall resolve these questions, proceeding from criteria of justice and rationality.

Article 8. Justice implementation only court

1. Justice on civil cases in Turkmenistan is performed only by court. Misappropriation of powers of court somebody attracts the responsibility established by the law.

2. Competence of court, limits of its jurisdiction, procedure it civil legal proceedings are determined by the law and cannot be randomly changed. Creation for consideration of civil cases of the emergency courts and other structures given authority to vessels under any name is not allowed.

3. Court decrees of the court which was performing civil legal proceedings on incompetent to it to case, exceeded the authority or otherwise broken the principles of civil legal proceedings provided by this Code are illegal and are subject to cancellation only according to the statement of the parties or one of the parties.

4. Court decrees on civil case can be checked and reviewed by the relevant courts only according to the procedure, provided by this Code.

Article 9. Judicial protection of the rights, freedoms and legitimate interests of person

1. Everyone has the right according to the procedure, established by this Code, to take a legal action behind protection of the violated or challenged constitutional rights, freedoms or interests protected by the law. State bodies have the right to take a legal action with the statement for protection of the rights and the interests of other persons protected by the law in the cases provided by the law.

2. The prosecutor has the right to take a legal action with the claim (statement) for the purpose of implementation of the obligations assigned to it for protection of the rights of citizens (incapacitated, restrictedly capable or capable, but owing to physical condition (on old age, disease, etc.) not capable to independently perform the rights and to carry out the obligations), public and state interests.

3. Can to nobody without its consent be changed the cognizance provided for it by the law. The superior court has no right to withdraw case from production of subordinate court and to accept it to the production without the consent of the parties.

4. The disclaimer on appeal to the court is invalid.

Article 10. Personal privacy. Mystery of correspondence, telephone negotiations, post, cable and other messages

Private life of citizens, personal and family secret are under protection of the law. Everyone has the right to the mystery of personal deposits and savings, correspondence, telephone negotiations, the post, cable, transferred by means of the Internet electronic and other messages. Restrictions of these rights during civil legal proceedings are allowed only in cases and procedure which are directly established by the law.

Article 11. Equality of all before the law and court

1. Justice on civil cases is performed on the basis of equality before the law and court.

2. During civil legal proceedings to anybody from:

citizens preference cannot be given and none of them can be exposed to discrimination based on their 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;

legal entities preference cannot be given and any of them cannot be exposed to discrimination based on the place of their stay, form of business, subordination, pattern of ownership and other circumstances.

3. Conditions of civil legal proceedings concerning persons who are immune to civil responsibility are determined by the Constitution of Turkmenistan, this Code, the laws and international treaties of Turkmenistan.

Article 12. Independence of judges

1. Judges are independent and when implementing justice on civil cases submit only to the law and are guided by internal belief.

2. Judges resolve civil cases in the conditions excluding foreign impact on them. Any intervention in activities of court for administration of law is inadmissible and attracts legal accountability. On specific cases of the judge are accountable to nobody.

Article 13. Legal proceedings language

1. Civil administration of justice is conducted in state language.

2. The right of acquaintance with case papers, participations in judicial actions through the translator, and also the right to appear in court in the native language is provided to the persons who are participating in case and not knowing legal proceedings language.

3. Court documents according to the procedure established by the law are handed to persons participating in case, in translation into their native language or into other language which they know.

Article 14. Dispositivity (administrative ability)

1. The court starts consideration of civil case only if one of the parties for the purpose of protection of the rights, freedoms or the interests protected by the law addressed it.

2. The parties begin process according to provisions of this Code, having submitted claim, the application or the claim. They determine matter in issue and resolve issue of appeal.

3. The parties can finish legal proceedings by the conclusion of the voluntary settlement; they can recognize claims or refuse them if other is not provided by the law.

Article 15. Competitiveness and equality of participants

1. Civil legal proceedings are performed on the basis of competitiveness and equality of participants. The parties have the equal procedural law and perform equal procedural duties.

2. The parties choose during civil legal proceedings the line item, methods and means of its upholding independently and irrespective of court, other bodies and persons. The court is completely exempted from collection of proofs on own initiative for the purpose of establishment of the actual facts of the case, however according to the motivated petition of the parties renders them assistance in the receipt of required materials according to the procedure provided by this Code.

3. The court bases the decision only on those proofs, participation in which research was on an equal basis provided to each of the parties.

4. The court considering case, keeping objectivity and impartiality, creates necessary conditions for realization of the rights of the parties to complete and objective research of the facts of the case, explains to persons participating in case, their rights and obligation, warns about consequences of making or non-execution of legal proceedings and renders in the cases provided by this Code to them assistance in implementation of their rights.

5. The court shows equal and respect for the parties.

Article 16. Excitement of civil case in court

1. The court initiates civil case:

1) according to the statement of the person addressing for protection of the right or protected by the law of interest;

2) according to the statement of the prosecutor - in the cases specified in part two of article 9 of this Code;

3) according to the statement of state bodies - in cases when under the law they can take a legal action behind protection of the rights and interests of other persons.

2. For mandative production applications, for claim production - actions for declaration, on the cases following from administrative legal relations and for special proceeding - the claim and the statement are submitted.

Article 17. Assessment of proofs on internal belief

1. The judge estimates proofs on the internal belief based on impartial, comprehensive and complete examination available in proofs in their set, being guided at the same time by the law and conscience.

2. No proofs have predefined force for court. The court solves to what of the produced evidence to give preference.

Article 18. Clarification of the valid facts of the case by court

Obligation produce the evidence necessary for establishment of the truth on case, lies on the parties, the third parties and other persons participating in case. For comprehensive, complete, objective clarification of all circumstances having essential value for the correct consideration and permission of case, the court assists specified persons according to their petition in reclamation of proofs when submission of such proofs for them is impossible.

Article 19. Receipt of legal aid

1. During civil legal proceedings everyone has the right to legal aid according to provisions of this Code.

2. The procedure for receipt of legal aid is determined by this Code and other regulatory legal acts of Turkmenistan.

Article 20. Publicity of legal proceedings

1. Trial of cases in all courts - opened, except as specified, when the court can announce meeting closed if:

1) there are concerns concerning threat for state security, public order or morality;

2) the trade, production secret, tax secret, the secrecy of the invention or other secret which public discussion will violate the protected interests will be discussed;

3) the private secret protected by the law will be discussed;

4) circumstances of private life of persons participating in case and witnesses whose public discussion will violate the protected interests will be discussed.

2. The question of consideration of the case in the closed judicial session is discussed in closed meeting if one of persons participating in case declares it and the court considers this petition reasonable. About trial of case in the closed judicial session the court takes out determination.

3. At trial of case in the closed judicial session there are persons participating in case and their representatives, and at necessary cases also witnesses, experts, specialists and translators.

4. The audio-video, movie and still photography, direct radio - and TV broadcast during legal proceedings are allowed according to the leave of court taking into account opinion of persons participating in case. These actions shall not interfere with the normal course of judicial session and can be limited to court in time.

5. Hearing of the case in the closed judicial session is conducted with observance of all rules of practice. Court decrees in all cases are proclaimed publicly.

Article 21. Obligation of the decision, determination and court order

1. The decision, determination and the court order which took legal effect is obligatory for the parties.

2. Obligation of the decision, determination and the resolution does not deprive of the interested persons who were not participating in case, opportunity to take a legal action behind protection of the rights and the interests protected by the law, the dispute on which was not considered and resolved by court.

Article 22. Freedom of appeal of legal proceedings and decisions

1. Actions and the judgments can be appealed according to the procedure, established by this Code.

2. Persons participating in case have the right to review of the decision by superior court according to the procedure, established by this Code.

Chapter 3. Structure of court. Branches
Article 23. Structure of court

1. Civil cases are considered:

1) in Trial Court - the judge solely;

2) in court of cassation and supervising instance - as a part of the judge-chairman and at least two judges.

2. In Trial Court the judge in case of permission of cases or other questions of process acts on behalf of court.

Article 24. Procedure for permission of questions court

1. When considering the case in Trial Court all questions arising during legal proceedings are solved the judge solely.

2. When considering the case in court of cassation or supervising instance, all questions arising in case of case trial are solved judges by a majority vote. In case of permission of each question none of judges have no right to abstain from vote.

The chairman makes offers, states the judgments and votes the last.

3. The questions arising out of legal proceedings, the judge permits solely. The judge (chairman) solely makes also orders on conducting legal proceedings and maintenance of procedure in courtroom.

Article 25. Removal of the judge, prosecutor and other participants of process

Judge, the prosecutor, the court clerk, the expert, the specialist and the translator cannot be involved in consideration of the case and are subject to branch if they personally are directly or indirectly interested in the outcome of the case or there are other circumstances raising reasonable doubts in their impartiality.

Article 26. Bases for removal of the judge

The judge cannot be involved in consideration of the case:

1) if it consists related to other judges who are part of court on this case;

2) if is good causes to call into question his impartiality or objectivity;

3) if he is relative of the parties, other persons participating in case;

4) if he participated in this case as the witness, the expert, the specialist, the translator, the representative, the prosecutor, the court clerk;

5) if it personally, his relatives are directly or indirectly interested in the outcome of the case.

Article 27. Inadmissibility of repeated participation of the judge in consideration of the case

1. The judge who considered civil case in Trial Court cannot participate in consideration of this case in court of cassation or supervising instance, and is equal consider this case in Trial Court in case of cancellation of the decision passed to them and determination by which case in Trial Court is solved in essence.

2. The judge who was involved in consideration of the case in court of cassation instance cannot consider this case in Trial Court or participate in consideration of this case according to the procedure of judicial supervision, and is equal in new trial of case in court of cassation instance after cancellation of the determination which is taken out with its participation.

3. The judge who was involved in consideration of the case according to the procedure of judicial supervision cannot consider this case in Trial Court, and is equal participate in consideration of the same case in court of cassation instance.

4. The member of Presidium of velayatsky court and court of the city with the rights of the welayat, the Supreme Court of Turkmenistan who was involved in consideration of the case in Presidium cannot consider this case in Trial Court, and is equal participate in consideration of this case in cassation or supervising instance.

5. The member of Presidium of velayatsky court and court of the city with the rights of the welayat, the Supreme Court of Turkmenistan who considered civil case in Trial Court or being involved in consideration of the case in court of cassation or supervising instance cannot participate in consideration of this case in structure of Presidium of the Supreme Court of Turkmenistan.

6. The judge of the Supreme Court of Turkmenistan who was considering civil case in Trial Court or being involved in consideration of the case in court of cassation or supervising instance can participate in consideration of this case in structure of the Plenum of the Supreme Court of Turkmenistan.

7. Participation of the judge of the Supreme Court of Turkmenistan in consideration of the case as a part of the Plenum of the Supreme Court of Turkmenistan does not deprive of it the right to consider this case again in court of the first, cassation or supervising instance.

Article 28. Bases for removal of the prosecutor, expert, specialist, translator and court session secretary

1. The bases for branch specified in article 26 of this Code extend also to the prosecutor, the expert, the specialist, the translator and the court session secretary.

2. The expert, the specialist, besides, cannot be involved in consideration of the case:

1) if it was or is in job or other dependency from the parties or other persons participating in case or representatives;

2) if it made audit which materials formed the basis to excitement of this civil case.

3. Participation of the prosecutor, expert, specialist, translator and court session secretary in the previous consideration of this case as respectively prosecutor, the expert, the specialist, the translator, the court session secretary is not the basis for their branch.

4. The previous participation of person in case in quality of the expert is not the circumstance excluding the order to it productions of examination on case except cases when it is appointed repeatedly after the expertize which is carried out with its participation.

Article 29. Statements for branches (rejections)

1. In the presence of the circumstances specified in Articles 26-28 of this Code, the judge, the prosecutor, the expert, the specialist, the translator and the court session secretary shall declare rejection. On the same bases branch can be declared by persons participating in case.

2. Branch (rejection) shall be motivated and is declared prior to substantive prosecution. The statement of branch (rejection) during further review of case is allowed only in cases when the basis for branch (rejection) became known to person declaring branch (rejection) after the beginning of consideration of the case.

3. If the specified circumstances became known to court after the beginning of consideration of the case, then the court shall report about them in judicial session for the purpose of permission of question of branch.

Article 30. Procedure for permission of the declared branch (rejection)

1. In case of the statement of branch the court shall listen to opinion of persons participating in case and also to hear person to whom branch is declared if taken away wishes to offer explanation.

2. The question of removal of the judge is resolved by other judges for lack of taken away. In case of equal number of votes, given for branch and against branch, the judge is considered taken away.

3. The branch declared to several judges or all structure of court is considered by the chairman of this court or the judge of superior court.

4. Branch (rejection) declared to the judge considering case solely is considered by the chairman of this court or other judge of this court, and in case of their absence - the judge of superior court.

5. The question of removal of the prosecutor, the expert, the specialist, the translator and the court session secretary is allowed by the court considering case.

6. The question of branch is resolved by court in the consultative room, except as specified, provided by parts three and the fourth this Article.

7. Determination about satisfaction or variation of branch is not subject to appeal and bringing of representation. Arguments about disagreement with determination can be included in writs of appeal or applications for revision of the court decree in Supervisory Court.

Article 31. Consequences of allowance of the application about branch (rejection)

1. In case of removal (rejection) of the judge considering case in Trial Court, case is considered in the same court by other judge, or case is submitted to other Trial Court through superior court if in court in which production there is case replacement of the judge is impossible.

2. In case of removal (rejection) of the judge or all structure of court when considering the case in court of cassation or supervising instance case is considered in the same court, but in other list of judges.

Chapter 4. Jurisdiction and cognizance
Article 32. Jurisdiction of civil cases to courts

1. Courts according to the procedure of civil legal proceedings consider cases on protection of the violated or challenged rights, freedoms and interests protected by the law.

2. Are subordinated to courts:

1) cases on the disputes arising from civil, family, employment, housing, land and other legal relationship if at least one of the parties in dispute is the citizen;

2) the cases arising from administrative legal relations, listed in Article 272 of this Code;

3) the cases of special proceeding listed in Articles 295 and 301 of this Code;

4) the another matters carried by the law to competence of the courts.

3. Courts also consider cases in which foreign physical persons and legal entities, stateless persons participate.

4. Jurisdiction is determined by the judge accepting case to production or court in which production it is.

Article 33. Transfer of disputes on permission of reference tribunal

In the cases provided by the law or international treaties of Turkmenistan, the dispute which arose from civil legal relationship can be by agreement of the parties transferred to permission of reference tribunal.

Article 34. Jurisdiction of several requirements connected among themselves

1. In case of appeal to the court with the statement containing several requirements connected among themselves from which one are subordinated to court and others - to Arbitration Court if separation of requirements is impossible, case is subject to consideration in court.

2. If separation of requirements is possible, the judge takes out determination about adoption of the requirements subordinated to court, and about refusal in adoption of the requirements subordinated to Arbitration Court.

Article 35. Civil cases, cognizable to etrapsky, city court

The civil cases subordinated to courts are considered by etrapsky, city courts as Trial Court.

Article 36. Civil cases, cognizable to velayatsky courts and courts of the city with the welayat rights

Velayatsky courts and courts of the city with the rights of the welayat have the right to withdraw any civil case from the etrapsky, city court which is in the territory of the welayat, the city and to accept it to the production as Trial Court in the presence of the consent of the parties to it.

Article 37. Civil cases, cognizable to the Supreme Court of Turkmenistan

1. The Supreme Court of Turkmenistan considers as Trial Court civil cases about appeal of decisions and (or) actions (failure to act) of the Central commission on elections and referenda in Turkmenistan, except for the decisions upholding decisions of subordinate electoral commissions or relevant commissions of referendum.

2. The Supreme Court of Turkmenistan has the right to withdraw any civil case from subordinate courts and to accept it to the production as Trial Court in the presence of the consent of the parties to it.

Article 38. Presentation of the claim for the residence or location of the defendant

1. The claim is made in court at the place of residence of the defendant if other is not established by this Code.

2. The claim to the legal entity is made in the location of body of the legal entity or in the location of its property.

3. The claims following from the marriage relations can be shown in the place where spouses take the joint residence. If in case of initiation of the claim such joint residence is absent, then case is jurisdictional only to court in the territory of which there is residence of the defendant or if that in the country is not available, - to court at the place of residence of the claimant.

Article 39. Cognizance at the choice of the claimant

1. The claim to the defendant whose residence is unknown can be shown in the location of its property or in the last known place of his residence.

2. The claim to the defendant who is not taking the residence in Turkmenistan can be shown in the location of its property or in the last known place of his residence in Turkmenistan.

3. The claim following from activities of branch of the legal entity can be shown also in the branch location.

4. Recovery suits of the alimony and about paternity proof can be shown by the claimant also in the place of his residence.

5. Compensatory actions, caused by mutilation or other damage of health or on loss of the supporter, can be shown by the claimant also at its place of residence or in the place of damnification.

6. Claims for compensation of the damage caused to property of the citizen or legal entity can be shown also in the place of damnification.

7. Indemnification claims, the courts caused by collision, and also about collection of remuneration for assistance and rescue at the sea can be shown also in the location of the vessel of the defendant or port (place) of registration of the vessel.

8. The claims following from agreements in which the place of execution is specified can be shown also in the place of agreement performance.

9. Actions of rescission of marriage with persons recognized in accordance with the established procedure it is unknown absent, incapacitated owing to sincere disease or weak-mindedness, and also with persons condemned for crime execution to imprisonment for the term of at least three years can be shown at the place of residence of the claimant.

10. Actions of rescission of scrap can be made at the place of residence of the claimant also in case in case of it there are minor children or when for health reasons departure of the claimant to the residence of the defendant is represented for it difficult.

11. The claims for recovery of labor, pension and housing laws, return of property or its cost connected with compensation of the damage caused to the citizen by illegal condemnation, illegal criminal prosecution, illegal application as measure of restraint of detention or illegal imposing of administrative punishment in the form of administrative detention can be shown also at the place of residence of the claimant.

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