LAW OF TURKMENISTAN

of June 18, 2016 No. 407-V

About bodies adalat Turkmenistan

This Law determines legal and organizational basis, the principles of activities of bodies adalat Turkmenistan, their task, the right and obligation, and also establishes guarantees of legal and social protection of staff of bodies adalat Turkmenistan.

Chapter I. General provisions

Article 1. Bodies adalat Turkmenistan

Bodies adalat Turkmenistan (further – bodies adalat) are the state bodies providing protection of the rights, freedoms and legitimate interests of man and citizen, interests of society and state within the powers, performing legal support of activities of the state.

Article 2. Legal basis of activities of bodies adalat

1. The legal basis of activities of bodies adalat is constituted by the Constitution of Turkmenistan, this Law and other regulatory legal acts of Turkmenistan regulating activities of bodies adalat.

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

Article 3. Principles of activities of bodies adalat

Activities of bodies adalat are based on the principles of legality, equality of man and citizen before the law, ensuring protection of their rights, freedoms and legitimate interests, and also interests of society and the state, justice, humanity, publicity, interaction with other state bodies.

Article 4. Main objectives of bodies adalat

The main objectives of bodies adalat are:

1) providing within the powers of protection of the rights, freedoms and legitimate interests of man and citizen, interests of society and state;

2) implementation within the powers of legal support of deyayotelnost of the state;

3) participation in project development of the regulatory legal acts prepared by Millie Gengeshem of Turkmenistan and the Cabinet of Ministers of Turkmenistan, giving according to offers and the legal conclusions on them, development of suggestions for improvement of the legislation of Turkmenistan;

4) conducting legal examination of projects of the corresponding regulatory legal acts;

5) law enforcement of regulatory legal acts within the powers;

6) state accounting and systematization of regulatory legal acts of Turkmenistan;

7) state registration of the corresponding regulatory legal acts of Turkmenistan;

8) control over official publication of regulatory legal acts of the ministries and departments, and also velayatsky, etrapsky and city Hulk of maslakhata and hyakim;

9) state registration of public associations, political parties and religious organizations;

10) making the legal conclusions according to drafts of international treaties of Turkmenistan;

11) execution within the powers of international treaties of Turkmenistan on rendering legal assistance;

12) giving legal treatment to the international credit agreements of Turkyomenistan;

13) providing representation on behalf of Turkmenistan in international courts, arbitration and courts of foreign states;

13-1) development of offers on prevention of the disputes concerning the rights and interests of Turkmenistan;

13-2) making the legal conclusion according to draft agreements, the foreign invesyotition connected with attraction concluded by state bodies of Turkmenistan; 

14) state registration of the rights to real estate and transactions, related;

15) implementation of notarial deyayotelnost;

15-1) implementation of state registration of acts of civil status;

16) ensuring the state accounting, completing, permanent storage, use and maintaining electronic base of the civil registrations arriving in management of civil registrations (further - ZAGS) the Ministries adalat Turkmenistan;

17) rendering the organizational and methodical help in activities of Bars and coordination of their activities;

18) rendering the legal and methodical assistance Gengesham;

19) organization of activities for increase in level of professional qualification of lawyers and other specialists;

20) licensing of activities for rendering legal assistance;

21) exchange of legal information with foreign states;

22) explanation of the legislation and organizational and methodical ensuring increase in legal knowledge;

23) execution of other tasks, stipulated by the legislation Turkmenistan.

Article 5. International cooperation of bodies adalat

Bodies adalat within the powers cooperate with relevant organs of foreign states, and also the international organizations and participate in permission of the questions following from international treaties of Turkmenistan.

Article 6. Ensuring protection of rights and freedoms of man and citizen in activities of bodies adalat

1. Bodies adalat in case of accomplishment of the tasks assigned to them provide equality of rights and freedoms of man and citizen, and also equality of man and citizen before the law irrespective of nationality, races, floor, origin, property and official capacity, the residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch.

2. Person considering the rights and freedoms, and also legitimate interests the broken actions of staff of bodies adalat has the right to appeal these actions according to the procedure, established by the legislation of Turkmenistan.

Article 7. Relations of bodies adalat with other state bodies and local government bodies

1. Bodies adalat when implementing of the tasks assigned to them interact with other state bodies and local government bodies.

2. Public authorities and local self-government and their officials shall render assistance to bodies adalat in protection of rights and freedoms of man and citizen, their legitimate interests, interests of society and state, and also when implementing other tasks.

Chapter II. System and organization of bodies adalat

Article 8. System of bodies adalat

1. The system of bodies adalat consists from:

1) Ministries adalat Turkmenistan;

2) departments adalat welayats;

3) Services on state registration of the rights to real estate and the related transactions under the Ministry adalat Turkmenistan;

4) offices of notary public;

5) managements of ZAGS of the Ministry adalat Turkmenistan.

2. Creation, reorganization and liquidation of the bodies which are a part of the system of bodies adalat is performed according to regulatory legal acts of Turkmenistan.

Article 9. Position assignment and dismissal of the Minister adalat Turkmenistan

1. The minister adalat Turkmenistan, performing management of system of bodies adalat, according to the Constitution of Turkmenistan is appointed to position and Millie Gengesha of Turkmenistan is dismissed by the President of Turkmenistan with the consent of Hulk of Maslakhata.

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