The Code Of Civil Procedure Of Turkmenistan

Original Language Title: Гражданский Процессуальный кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15067

 
On the approval and entry into force of the code of civil procedure of Turkmenistan Article 1. Approval of the code of civil procedure.
Article 2. Introduce the code of civil procedure of Turkmenistan from July 1, 2016 onwards.
Article 3. Void with July 1, 2016 years: 1) the law of the Turkmen Soviet Socialist Republic from December 29, 1963 year "on approval of the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1963, no. 36, p. 95);
2) code of civil procedure of the Turkmen Soviet Socialist Republic, approved by the law of the Turkmen Soviet Socialist Republic from December 29, 1963 year (Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1963, no. 36, p. 95), with the exception of section VI, annex 1 and annex No. 2 in part recovery of Executive manufacture;
3) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 18, 1966, no. 1167 "on amendments to the civil procedure code of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1966 г., no. 20, p. 22);
4) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 20, 1966, # 1024 on amendments to article 405 of the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1966 г., no. 10, p. 13);
5) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from July 16, 1968, no. 446 "about entry of changes and additions to the code of laws on marriage, the family, and on acts of civil status of the Turkmen Soviet Socialist Republic and the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1968, no. 14, p. 10);
6) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971, no. 1430 on amendments to the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1971 g. ¸ No. 11, art. 81);
7) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 15, 1972, no. 395 "on additions to the article 118 of the civil procedure code of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1972 g. ¸ No. 16, art. 57);
8) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 16, 1974, no. 939 on amendments to the civil and civil procedural codes of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1974, no. 9 ¸ ¸ art. 55);
9) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975, no. 1244 "changing add-on and annulment of some legislative acts of the Turkmen Soviet Socialist Republic in connection with the conduct of the Turkmen Soviet Socialist Republic law" on State Notariate "(Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1975 g. ¸ No. 4, art. 11);
10) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from September 20, 1977, no. 679 "about entry of changes and additions in Civil and civil procedural codes of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1977, no. 18, art. 105);
11) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981, no. 488 on amending and supplementing the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1981, no. 17, p. 64);
12) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 20, 1981, no. 599 on amending the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1981 g., no. 29, art. 111);
13) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from November 26, 1981, no. 645 "on amending the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1981 g., no. 33, art. 133);
14) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from January 19, 1982, no. 748 "on amendments to the civil procedure code of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1982 g. ¸ No. 2, art. 2);
15) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983, no. 1330 "on making amendments and addenda to some legislative acts of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1983, no. 24, art. 64);
16) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from July 23, 1984 year no. 1641 on amending and supplementing certain legislative acts of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1984, no. 21, p. 93);
17) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985, no. 1880 "on amendments and additions to the code of criminal procedure and civil procedure codes of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1985, no. 5, p. 13);
18) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 8, 1985, no. 44 "a slight change in the order of maintenance for minor children (Gazette of the Supreme Council of the Turkmen SSR, 1985 g. ¸ No. 10, art. 71);
19) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from December 10, 1985, no. 265 on amendments to the civil procedure code of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1985, no. 34, art. 172);
20) part 4 of the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 24, 1986, no. 485 "on making amendments and addenda to some legislative acts of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1986, no. 20, item 111);
21) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 21, 1987 No. 793 "about a change in the order of maintenance for minor children (Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1987 g. ¸ No. 12, art. 55);

22) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from December 28, 1987 No. 1036 on the introduction of amendments and additions to some legislative acts of the Turkmen Soviet Socialist Republic of the USSR Act "on State Enterprise (the unification)" (Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1987 g. ¸ No. 36, art. 176);
23) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from December 28, 1987 No. 1037 "on amending the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1987, no. 36, item 177);
24) Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 19, 1988 year no. 1123 "on amendments and additions to the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1988, no. 8, p. 41);
25) part 3 of the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from July 27, 1988 year no. 1212 "on amendments to some legislative acts of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1988, no. 14, art. 79);
26) law of the Turkmen Soviet Socialist Republic from May 25, 1990 "on amendments and additions to the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1990, no. 10, art. 120);
27) law of the Turkmen Soviet Socialist Republic from May 29, 1991 "on amendments and additions to the code of civil procedure of the Turkmen Soviet Socialist Republic (Turkmen SSR Supreme Council Statements, 1991, no. 9-10, art. 101);
28) law of the Turkmen Soviet Socialist Republic from May 29, 1991 "on introducing amendments and addenda to some legislative acts of the Turkmen Soviet Socialist Republic in connection with the enactment of the Turkmen Soviet Socialist Republic from May 24, 1990" on language "(Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1991, no. 9-10, art. 102);
29) from September 30, 1992 Act "on amendments and additions to certain legislative acts (statements of the Mejlis of Turkmenistan, 1992, no. 9, p. 87);
30) from May 13, 1994 Act "on amendments and additions to the code of civil procedure of Turkmenistan" (records of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6);
31) from September 15, 1998 Act "on amendments to some legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 1998, no. 3, art. 56);
32) Turkmenistan law dated March 23, 2000 "on amendments and additions to the code of civil procedure of Turkmenistan" (records of the Mejlis of Turkmenistan, 2000, no. 1, art. 2);
33) part 1 of the Act of Turkmenistan on January 26, 2007 "on amending certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2007, no. 1, item 4);
34) part I of the Act of Turkmenistan on June 12, 2007 "on amendments and additions to certain legislative acts of Turkmenistan" (records of the Mejlis of Turkmenistan, 2007, no. 2, p. 47).
Article 4. Install that from the date of the enactment of the code of civil procedure of Turkmenistan: 1) cases brought and not considered by the courts of first, cassation and supervisory authorities until July 1, 2016 years, subject to review in accordance with the civil procedure code, which entered into force the present law;
2) complaints and representations in courts of first instance after July 1, 2016 years, subject to review in accordance with the civil procedure code, which entered into force the present law;
3) appeals and representations to the courts of Cassation, as well as complaints and representations in the order of supervision after July 1, 2016 years, subject to review in accordance with the civil procedure code, which entered into force the present law;
4) decision of the Court of first instance issued before July 1, 2016 onwards, but not disputed, dates of entry into force which falls on or after July 1, 2016 years, may be challenged or they may be brought into the appeal instance of representations within the period stipulated in article 345 of the code of civil procedure of Turkmenistan entered into force the present law;
5) filing complaints and submissions by way of supervision shall be calculated in accordance with article 386 of the code of civil procedure of Turkmenistan since its launch by the present law.
Article 5. From the day of official publication of the present law shall be invalidated section VI, annex 1 and annex No. 2 in part recovery Executive produced the code of civil procedure of the Turkmen Soviet Socialist Republic, approved by the law of the Turkmen Soviet Socialist Republic from December 29, 1963 year (Gazette of the Supreme Council of the Turkmen Soviet Socialist Republic, 1963, no. 36, p. 95).
Article 6. Continue to bring laws and other normative legal acts of Turkmenistan in accordance with the civil procedure code shall apply insofar as they do not contradict this code.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 18, 2015 year no. 260-V.
 
 
The TURKMEN CODE of CIVIL PROCEDURE section i. General provisions CHAPTER 1. CIVIL PROCEDURE LEGISLATION of TURKMENISTAN Article 1. Legislation on civil proceedings 1. Procedure in civil cases in courts of Turkmenistan defines the Constitution of Turkmenistan, the present code and in accordance with other laws of Turkmenistan.

2. legislation on Civil Procedure Act establishes the procedure for the consideration of cases on disputes arising from civil, family, labour, housing, land and other legal relations, cases arising from administrative legal relations, and special proceedings. Cases arising from administrative legal relations, and cases of special proceedings are dealt with according to the General rules of proceedings with exceptions and additions provided by the heads of 24-36 of this code.
 
Article 2. The application of legal rules in civil proceedings, with precedence 1. The Constitution of Turkmenistan shall have supreme legal force and direct effect on the whole territory of Turkmenistan. In the event of a conflict between the provisions of this code and of the Constitution of Turkmenistan shall apply the provisions of the Constitution.
2. In the event of a conflict between the rules of the present code and other normative legal acts of Turkmenistan shall apply the provisions of this code.
3. If an international treaty to which Turkmenistan stipulates other rules than those stipulated by the present Code, the rules of the international treaty shall apply.
 
Article 3. The civil procedural legislation in time 1. Civil proceedings shall be conducted in accordance with the civil procedure legislation in force at the time of the consideration of the case, the Commission of particular procedural actions.
2. civil procedure legislation conferring new responsibilities, repealing or impairing the rights of participants in the process, limiting their use of the additional terms shall not have retroactive effect.
3. Admissibility of evidence is determined in accordance with the law in force at the time of their receipt.
 
Article 4. Explanation of some names and terms contained in the present code names and terms contained in this code have the following meaning: 1), the Court is an organ of the judiciary, which is included in the judicial system of Turkmenistan and carrying out justice. These include the Supreme Court of Turkmenistan, regional courts and the courts of the city with Mashhad, district courts and courts of the city of etrap rights;
2) Court of first instance court, which hears civil cases originally;
3), the Court of Cassation is the Court of cassation proceedings on complaints or views on the rulings of the Court of first instance, not entered into legal force;
4) Court of supervisory instance-court hearing on oversight of the case based on complaints or views on decisions, determinations and court decisions that have entered into legal force;
5) judge-President of the Court, the Vice-President of the Court, judge exercising judicial power in accordance with the procedure established by law;
6) Attorney-General Prosecutor of Turkmenistan and his prosecutors and their deputies, senior assistants and aides, heads of major departments and offices, heads of major divisions and departments, their deputies, senior prosecutors and prosecutors, acting within its competence;
7) trial-trial court first, cassation and supervisory bodies;
8) presiding judge presiding when considering a civil case;
9) legal representatives-parents, adoptive parents, guardians, plaintiff or defendant or a third person and other persons to whom this right is granted by law, as well as agencies and organizations, which are in the custody of the petitioner or the respondent, a third party;
10) close relatives-parents (including adoptive parents), spouses, children (including usynovlënnye), grandparents on his father's side and the mother, grandchildren, siblings and half brothers and sisters;
11) representative is a person entitled to represent the legitimate interests of the plaintiff, the defendant and the third party in civil proceedings;
12) civil cases-claims cases (disputes arising from civil, family, labour, housing, land and other relationships), cases arising from administrative legal relations, cases of special proceedings and other proceedings in the cases provided for by law;
13) case is a set of procedural actions and decisions undertaken by a particular civil case during his initiation, trial preparation, trial;
14) proceedings-actions performed in the course of civil proceedings in accordance with this code;
15) judgement-a decision, determination, order of courts of all instances;
16)-judgement of the Court of first instance, to debate the merits of the case;
17) definition-any judgement of courts of all instances, except orders referred to in paragraphs 16 and 18 of this article;
18) ruling-ruling, adopted by the Bureau of the Court and the Court of velaâtskogo the city with Mashhad, the Presidency, by the plenum of the Supreme Court of Turkmenistan;
19) protocol is a document drawn up in accordance with this code, which reflects the fact that production and certified in a civil case, the content and the results of judicial action;
20)-appeal in cassation complaint for rescission or amendment of the resolution, not entered into force;
21) representation-representation of Cassation Prosecutor repealing or modifying the decision, not entered into force;

22) private complaint-complaint on the definition of the Court of first instance, not entered into legal force;
23) private view-view of the Prosecutor on the definition of the Court of first instance, not entered into legal force;
24) complaint by way of supervision-complaint carried on court order, entered into legal force;
25) oversight representation-representation of the Prosecutor, he brought on a court order, which entered into legal force;
26) combining a complaint-complaint, an opposing party after the expiration of the term for appeal in cassation, the case of one party.
 
CHAPTER 2. Objectives and principles of CIVIL PROCEDURE Article 5. Tasks the tasks of civil litigation of civil procedure are correct and timely consideration and resolution of civil cases in order to protect property rights, violated or disputed socio-economic, political or personal rights and freedoms of citizens guaranteed by the Constitution and laws of Turkmenistan, and legally protected interests of natural and legal persons.
 
Article 6. Principles of civil procedure Principles of civil procedure are given in this chapter of the code provisions having the fundamental nature and determine the correctness and validity of production in each case.
 
Article 7. Legality of 1. The Court in the settlement of cases in civil proceedings must exactly comply with the requirements of the Constitution of Turkmenistan, the present code and other normative legal acts of Turkmenistan.
2. Violation of law by the Court in the settlement of cases is unacceptable and entails the abolition of unlawful judicial rulings at the request of the parties or of one of the parties.
3. in case of absence of the law governing contentious relationship, the Court shall apply the law governing similar relations, in the absence of such rules shall settle the dispute on the basis of common principles and sense of law.
4. If the normative legal acts or agreement of the parties to the dispute resolution of the relevant issues envisaged by the Court, the Court must resolve these issues, based on the criteria of Justice and reasonableness.
 
Article 8. Administration of justice by the courts alone 1. Justice in civil matters is administered solely by the courts in Turkmenistan. The misappropriation of the powers of the Court by anyone implies liability established by law.
2. the competence of the Court, the limits of its jurisdiction, the order fulfilment of civil proceedings determined by law and may not be arbitrarily changed. The establishment of extraordinary courts civil cases and other structures, endowed with the authority of the Court, under whatever title is not allowed.
3. The court orders the Court exercising civil proceedings on nepodsudnomu he acted beyond his powers in case or otherwise in breach of the principles of civil procedure stipulated by this code, are illegal and must be rescinded only at the request of the parties or of one of the parties.
4. judicial ruling in a civil case can be tested and reviewed by the competent courts only in the manner prescribed by this code.
 
Article 9. Judicial protection of rights, freedoms and lawful interests of persons 1. Everyone shall have the right in accordance with this code, apply to the Court for protection of violated or disputed constitutional rights, freedoms and interests protected by law. Public authorities have the right to go to court to protect the rights and legitimate interests of other persons in the cases provided for by law.
2. the Prosecutor may apply to the Court with the claim (statement) in order to perform its duties to protect the rights of citizens (failed, partially functioning or capable, but because of physical condition (old-age, sickness, etc.) cannot independently exercise their rights and fulfil their duties), public and State interests.
3. No one may be changed without his consent jurisdiction, as stipulated by law. A higher court has no right to withdraw a case from a lower court and take it to your production without the consent of the parties.
4. waiver of recourse is not valid.
 
Article 10. Privacy. The confidentiality of correspondence, telephone conversations, postal, Telegraph and other communications of citizens ' private life, personal and family confidentiality are protected by law. Everyone has the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraphic, transmitted via the Internet and other electronic communications. Restrictions on these rights in the course of civil proceedings shall be permitted only in the cases and in the manner expressly permitted by law.
 
Article 11. The equality of all before the law and the courts 1. Justice in civil cases shall be administered on the basis of equality before the law and the courts.
2. In the course of civil proceedings: citizens may not be preferred and no one may be subjected to discrimination on the grounds of their nationality, race, sex, origin, property and official status, place of residence, language, attitude to religion, political beliefs, party affiliation or lack of affiliation with any political party;

legal entities cannot be given preference and none of them may be subjected to discrimination on the grounds of their location, legal form of organization, affiliation, ownership, and other circumstances.
3. conditions of civil proceedings in respect of the persons enjoying immunity from civil liability are determined by the Constitution of Turkmenistan, this code, laws and international treaties to which Turkmenistan is a party.
 
Article 12. Independence of judges 1. Judges are independent and in the administration of Justice in civil matters subject only to the law, and are guided by their inner conviction.
2. the judges allowed Civil Affairs in conditions that exclude extraneous influence on them. Any interference in the work of the Court of Justice is prohibited and entails liability under the law. In specific cases the judges no one podotčëtny.
 
Article 13. The language of the proceedings 1. Proceedings in civil cases is conducted in the State language.
2. Persons participating in the case and did not speak the language of the proceedings, is guaranteed the right to familiarize themselves with the case materials, participation in court actions through an interpreter, as well as the right to speak their own language in court.
3. judicial documents in accordance with the procedure established by law, shall be awarded to persons participating in the case, translated into their native language or another language in which they are proficient.
 
Article 14. Dispozitivnost′ (diligence) 1. The Court will proceed to consider civil cases only if requested by one of the parties in order to protect their rights, freedoms and interests protected by law.
2. the parties to begin the process in accordance with the provisions of the present Code, Sue, application or complaint. They define the subject-matter of the dispute and decide to appeal.
3. the parties may conclude trial conclusion of a settlement agreement; they can declare the claims or to abandon them, unless otherwise provided by law.
 
Article 15. Competitiveness and equality of the parties 1. Civil court proceedings are conducted on the basis of contestation and equality of the parties. The parties have equal procedural rights and bear equal procedural obligations.
2. the Parties shall elect in the course of civil proceedings, its position, its ways and means to defend themselves and regardless of a court, other organs and persons. The Court completely exonerated from gathering evidence on its own initiative in order to establish the facts of the case, however, substantiated request the parties to provide them with assistance in obtaining necessary materials in the order stipulated by the present code.
3. the Court bases the decision only on evidence that the study on equal terms was achieved by each of the parties.
4. the court hearing the case, maintaining objectivity and impartiality, creates the necessary conditions for the realization of the rights of the parties to a full and objective investigation of the circumstances of the case, clarifies the persons participating in the case, their rights and obligations, and warns of the consequences of committing or abstaining from proceedings and in cases stipulated by the given code, assists them in the implementation of their rights.
5. the Court has shown an equal and respectful attitude to the parties.
 
Article 16. The institution of a civil case in court 1. Court initiated civil proceedings: 1) on the application of the person filing for protection of its rights or the law protected interest;
2) on the application of the Prosecutor-in the cases referred to in the second part of article 9 of this code;
3) on the application of public administration bodies in cases where by law they can apply to the Court for protection of the rights and interests of other persons.
2. in cases of production statements served on command, lawsuit-claims, arising from administrative legal relations, and in cases of special proceedings-complaints and petitions.
 
Article 17. Evaluation of evidence on internal conviction 1. The judge evaluates the evidence for your inner belief based on impartial, full and complete consideration of the available evidence in their entirety, on the basis of the law and conscience.
2. No evidence has predetermined force for the Court. The Court decides what evidence to give preference.
 
Article 18. Figuring the actual circumstances of the case, the Court of the obligation to provide the evidence necessary to establish the truth in the case rests with the parties, third parties and other persons involved in the case. For comprehensive, full, objective clarification of all the circumstances essential for proper consideration and determination of the case, the Court contributes to the designated persons on their application in the discovery of evidence when such evidence is impossible for them.
 
Article 19. Legal aid 1. In the course of civil proceedings everyone has the right to receive legal assistance in accordance with the provisions of this code.
2. The procedure for obtaining legal assistance is determined by the present code and other normative legal acts of Turkmenistan.
 
Article 20. Public hearings 1. Proceedings in all courts shall be open, except in cases where the Court may declare the meeting closed, if:

1) are concerned about threats to State security, public order or morality;
2) will discuss the commercial, manufacturing secret, tax mystery, the mystery of the invention or other secret, public discussion of which violate the protected interests;
3) will discuss the guarded by law private secrecy;
4) will discuss the circumstances surrounding the private life of persons involved in the case and witnesses, public discussion of which violate the protected interests.
2. the issue of proceedings in closed court session is discussed in closed session, if one of the persons involved in the case, said about this and the Court considers it reasonable. About proceedings in closed court session, the Court shall issue a ruling.
3. When the proceedings in camera are present, persons involved in the case, and their representatives, and where necessary also witnesses, experts, specialists and translators.
4. Audio and video recording, kinofotos″ëmka, direct radio and tv during the trial are allowed under permission of the Court, taking into account the views of persons participating in the case. These actions should not interfere with the orderly conduct of the trial and may be limited by the Court at the time.
5. The hearing in camera is in compliance with all of the rules of procedure. Court orders announced publicly in all cases.
 
Article 21. Be bound by decisions, determinations and orders of the Court 1. Solution definition and judgement of the Court entered into force is mandatory for the parties.
2. Be bound by decisions, determinations and orders does not deprive the persons concerned are not involved in the case, the possibility of recourse to the courts for protection of rights and interests protected by law, which the court dispute was reviewed and disallowed.
 
Article 22. Freedom to appeal procedural actions and decisions 1. The actions and decisions of the Court can be appealed against in accordance with this code.
2. Persons participating in case shall have the right to review of a decision by a higher court in the manner prescribed by this code.
 
CHAPTER 3. THE COMPOSITION OF THE COURT. TAPS Article 23. The composition of the Court 1. Civil cases are: 1) the Court of first instance-a judge alone;
2) in the Court of Cassation and supervisory instance-judge-presiding officer and at least two judges.
2. The Court of first instance judge in settling cases or other issues the process acts on behalf of the Court.
 
Article 24. Order the Court issues 1. In proceedings before the Court of first instance all questions arising in the course of the trial, are settled by the judge alone.
2. In a case in the Court of Cassation or supervisory instance, all questions arising in a proceeding shall be decided by the judges of the majority. When resolving each issue none of the judges the right to abstain from voting.
The presiding officer makes proposals, expresses his judgment and shall vote last.
3. Issues arising out of the trial, the judge resolves alone. The judge, presiding alone also gives orders for the conduct of the proceedings and the maintenance of order in the courtroom.
 
Article 25. Disqualification of a judge, the Prosecutor and other participants in the trial Judge, the Prosecutor, the clerk of the court session, expert, specialist, interpreter and cannot participate in the examination of the case and are subject to withdrawal if they directly or indirectly personally interested in the outcome of the case or there are other circumstances that cause reasonable doubt their impartiality.
 
Article 26. Grounds for disqualification of a judge, the judge may not participate in the examination of the case: 1) if he is related to other judges within the Court in this case;
2) if there are reasonable grounds to question his impartiality or objectivity;
3) if he is a relative of the parties and other persons involved in the case;
4) where he participated in the case as a witness, expert, specialist, interpreter, representative, the Prosecutor, the clerk of the Court;
5) if he personally, his relatives directly or indirectly interested in the outcome of the case.
 
Article 27. Inadmissibility of repeated participation of the judge in case 1. The judge hearing the civil case before the Court of first instance may not participate in the examination of this case in the Court of Cassation or supervisory instance, as well as review the case before the Court of first instance in case of cancellation of the sentence pronounced by it decision and determining that the case before the Court of first instance decided on the merits.
2. a judge who has participated in a case in the Court of appeal could not review the case before the Court of first instance or to participate in the consideration of the case for judicial review, as well as in the new case in the Court of Cassation after undefine pronounced.
3. a judge who has participated in the consideration of a case in judicial review cannot consider the case before the Court of first instance, as well as to participate in the consideration of the same case in the Court of Cassation.
4. A member of the Presidium of the Court and the Court of velaâtskogo the city with Mashhad, the Supreme Court of Turkmenistan, which participated in the consideration of a case on the podium could not consider the case before the Court of first instance, as well as to participate in the consideration of the case in the Cassation or supervisory instance.

5. A member of the Presidium of the Court and the Court of velaâtskogo the city with Mashhad, the Supreme Court of Turkmenistan, hearing a civil case in the Court of first instance or who took part in the proceedings before the Court of Cassation or supervisory instance may not participate in the examination of this case would be composed of the Presidium of the Supreme Court of Turkmenistan.
6. a judge of the Supreme Court of Turkmenistan, ruled a civil case in the Court of first instance or who took part in the proceedings before the Court of Cassation or supervisory instance, can intervene in this case would be composed of the plenum of the Supreme Court of Turkmenistan.
7. judges of the Supreme Court of Turkmenistan's participation in a case consisting of the plenum of the Supreme Court of Turkmenistan does not deprive it of its right to consider the case again in court first, cassation or supervisory instance.
 
Article 28. Grounds for disqualification of the Prosecutor, expert, specialist, interpreter and clerk of the Court 1. Grounds for removal set out in article 26 of this code also apply to the Prosecutor, expert, specialist, interpreter and clerk.
2. the expert, specialist, in addition, may not participate in the examination of the case: 1) if he was or is in the service or otherwise dependent on the parties or other persons participating in case or representatives;
2) if he made the revision material which led to the initiation of the civil case.
3. the participation of the Prosecutor, expert, specialist, interpreter and clerk in the previous examination of the case as, respectively, the Prosecutor, expert, specialist, interpreter, the clerk does not constitute grounds for their objection.
4. Previous person's participation in the case as an expert was not a circumstance precluding him order the production of examination of the case, except when it is assigned after examination, held with his participation.
 
Article 29. Statement on abstentions (their compatriots) 1. Under the circumstances specified in articles 26-28 of this code, a judge, a Prosecutor, expert, specialist, interpreter and clerk of the Court shall be obliged to declare his rejection. On the same grounds the withdrawal may be challenged by persons involved in the case.
2. disqualification (rejection) must be motivated and challenged prior to the consideration of the merits of the case. Statement by disqualification (recusal) in its further consideration of the case is permitted only in cases where the reason for disqualification (recusal) became known to the person asserting outlet (rejection), after the start of the hearing.
3. If circumstances become known to the Court after the case, the Court is obliged to report them at the court hearing to resolve the issue of the disqualification.
 
Article 30. To resolve the alleged diversion (resignation) 1. In case of disqualification, the Court must hear the views of those involved in the case, as well as to hear the person who challenged if challenged wished to give an explanation.
2. the question of disqualification of a judge allowed other judges in the absence of the CAF. With an equal number of votes cast for and against the withdrawal, the judge is considered to be diverted.
3. challenge, declared several judges or the entire composition of the Court, by the President of the Court or a judge of the superior court.
4. disqualification (rejection) designated by the judge hearing the case alone, the President of the Court of Justice or other judge of that Court, and in their absence the judge of the superior court.
5. the question of disqualification of a Prosecutor, expert, specialist, interpreter and clerk of the court seised is allowed.
6. the question of disqualification shall be resolved by a court in the retiring room, except as provided for in the third and fourth parts of this article.
7. determination of approval or rejection of the appeal and dissipation of sacrifices by submission. Arguments about the disagreement with the definition can be included in appeals or requests for review of the judgement in the Court of supervisory instance.
 
Article 31. Consequences of satisfaction statements of objection (her candidacy) 1. In case of disqualification (recusal) the judge hearing the case in the Court of first instance, the case is being heard in the same court, another judge, a case referred to the Court of first instance to another through a higher court, if the court handling the case, judge's replacement is not possible.
2. In the case of disqualification (recusal) a judge or the whole Court in proceedings before the Court of Cassation or supervisory instance case is pending in the same court, but in a different panel of judges.
 
CHAPTER 4. JURISDICTION and the JURISDICTION of Article 32. Jurisdiction in civil cases to the courts 1. In civil proceedings the courts hear cases concerning the protection of violated or disputed rights, freedoms and interests protected by law.
2. Courts jurisdiction: 1) cases on disputes arising from civil, family, labour, housing, land and other legal relations, if at least one of the parties to the dispute is a citizen;
2) cases arising from administrative legal relations referred to in article 272 of the present code;
3) cases of special proceedings listed in articles 295 and 301 of this code;
4) other cases referred to the courts of law.
3. The courts also hear cases involving foreign individuals and legal entities, stateless persons.

4. Jurisdiction shall be determined by a judge accepting a case, or the Court, in which it is located.
 
Article 33. Transfer disputes to the Court of arbitration in cases stipulated by the law or international treaties to which Turkmenistan is a party, the dispute of civil legal relations, by agreement of the parties, may be submitted to the arbitration court permission.
 
Article 34. Jurisdiction of several related requirements 1. When you refer to the Court a statement containing several interrelated requirements, some of which fall within the jurisdiction of the Court, while others-the arbitral tribunal if separating requirements is not possible, the case will be reviewed in court.
2. If possible, separating requirements, the judge shall determine the acceptance requirements and triable on rejection of claims under the jurisdiction of the arbitral tribunal.
 
Article 35. In civil cases, the jurisdiction of the municipal court, ètrapskomu civil cases, subordinate courts are considered ètrapskimi, city courts as courts of first instance.
 
Article 36. In civil cases, the jurisdiction of the courts and courts of the city of velaâtskim with Mashhad Regional courts and courts of the city of Mashhad with has the right to withdraw any civil case from ètrapskogo, municipal court, situated in the territory of the velayat, city, and take it to its production as a Court of first instance with the consent of the parties to it.
 
Article 37. In civil cases, the jurisdiction of the Supreme Court of Turkmenistan 1. The Supreme Court of Turkmenistan considers as a Court of first instance in civil cases, appeals of decisions and/or actions (inaction) of the Central Commission on elections and referendums in Turkmenistan, with the exception of decisions, leaving in force the decisions of lower electoral commissions or referendum commissions.
2. the Supreme Court of Turkmenistan has the right to withdraw any civil proceedings of subordinate courts and take it to its production as a Court of first instance with the consent of the parties to it.
 
Article 38. Sue at the place of residence or the place where the defendant 1. The suit is brought in the Court of the place of residence of the defendant, unless otherwise stipulated by this code.
2. A claim to a legal person is at the location of the legal entity or location of his property.
3. claims arising out of the marital relationship, may be brought according to the place where the spouses have common place of residence. If you institute proceedings such common place of residence does not exist, then the case jurisdiction exclusively to the Court in whose territory the place of residence of the defendant or, if there are no-court for the place of residence of the plaintiff.
 
Article 39. Jurisdiction of the claimant's choice 1. An action against the defendant, whose place of residence is unknown, may be brought according to location of his property or to the last known place of residence.
2. A claim to a defendant who has no place of residence in Turkmenistan, may be brought according to location of his property or to the last known place of residence in Turkmenistan.
3. A lawsuit arising from the activities of the branch of a legal entity may be brought also to the location of the branch.
4. claims for alimony and establishing paternity may be brought by the plaintiff to his residence as well.
5. claims for compensation for harm caused personal injury or other impairment of health or loss of the breadwinner, may be brought by the plaintiff is also at his place of residence or at the place of injury.
6. claims for damages caused to the property of a citizen or legal person may also be based on the location of the damage.
7. claims for damages caused by the collision of vessels, as well as to recover remuneration for assistance and salvage at sea can also be made at the location of the defendant's vessel or port (place) the registration of the vessel.
8. claims arising from contracts that specify place of execution may be made also at the place of performance of the contract.
9. claims for dissolution of marriage with persons, recognized in the established order missing, incapacitated due to mental illness or dementia, as well as persons convicted persons sentenced to deprivation of liberty for a term of not less than three years, may be brought according to the place of residence of the plaintiff.
10. claims for dissolution of marriage may be brought according to the place of residence of the plaintiff in the case, when there are minor children or when, for health reasons, leaving the plaintiff to the defendant's place of residence seems to be difficult for him.
11. claims for reinstatement of labour, pension and housing rights, return of the property or its value, concerning damages caused to a citizen of unlawful conviction, unlawful prosecution, unlawful use as preventive detention or unlawful imposition of an administrative penalty in the form of administrative detention, may be brought also to the place of residence of the plaintiff.
12. the choice between several courts, which under this article would fall under the jurisdiction the case belonged to the plaintiff.
 
Article 40. The exclusive place of jurisdiction
 

1. claims for the right to the building, including residential and non-residential premises, buildings, structures, and other objects that are strongly related to land (immovable property), as well as on the release of property from seizure, to establishing a system to use the land plot under the jurisdiction of the Court in the location of the property or land.
2. claims of creditors of the testator, applicable until the adoption of the inheritance of heirs under the jurisdiction of the Court for the place where the estate or major portion thereof.
3. claims to carriers arising from contracts for the carriage of goods, passengers or luggage are at the location of the transport management organization in accordance with the established procedure a claim is made.
 
Article 41. Contractual jurisdiction 1. The parties may by agreement among themselves to change the territorial jurisdiction for this case. The agreement must be in writing.
2. place of jurisdiction established by article 40 of this code cannot be changed by agreement of the parties.
3. Incompetent Court becomes a competent, if the defendant takes part in his meeting, and there is no objection on his part regarding jurisdiction.
 
Article 42. Jurisdiction of several cases related 1. Lawsuit against several respondents, reside or in different locations presented on the place of residence or at the location of one of the defendants at the option of the plaintiff.
2. The claim of a third party who claims an independent claim and counterclaim, irrespective of its jurisdiction shall be presented in court at the place of the initial claim.
3. A civil action arising out of a criminal case or the case of an administrative offence, if it has not been claimed or allowed in the production of a criminal case or the case of an administrative offence, shall be presented for consideration in civil proceedings according to the rules of jurisdiction laid down in this code.
 
Article 43. Transfer of the Court to his production, in another court 1. The case taken by the Court to its production in compliance with the rules of jurisdiction should be allowed them on the merits, even if it was within the jurisdiction of another court.
2. the court sends the case to another court: 1) if it considers that this case will be more rapidly, fully and comprehensively reviewed in another court, in particular at the location of the majority of the evidence;
2) if the defendant, whose place of residence was not previously known, initiates a motion to refer the case to the Court of his place of residence;
3) If following the withdrawal of one or more judges to be replaced in this Court becomes impossible;
4) if in proceedings before the Court disclosed that it was dismissed in violation of the rules of jurisdiction.
3. The judge or court, finding that the civil case jurisdiction not received this Court, by its decision sends it on jurisdiction. If several courts are competent, the case is referred to the Court by the plaintiff.
4. The decision of the Court to refer the case to another court may be filed a private complaint or brought by a private presentation.
5. the transfer of cases from one court to another court is based on the definition of the Court, upon expiry of the term for appeal and submission to that definition, and in the case of a private complaint or sacrificing the private view-after leaving a superior court complaint or submission.
 
Article 44. Inadmissibility of conflicts of jurisdiction the case is sent from one court to another in the manner provided for in article 43 of this code should be taken into consideration by the Court, to whom it is directed. Conflicts of jurisdiction between the courts of Turkmenistan shall be permitted.
 
CHAPTER 5. EVIDENCE of Article 45. Evidence 1. Evidence in the civil case are any factual information on the basis of which the order, a specific law, the Court establishes the presence or absence of circumstances that justify the claims and objections of the parties, and other circumstances of importance for the proper determination of the case.
2. these data can be obtained from the explanations of the parties and third persons, witnesses, translators and exhibits, audio and videos, expert opinions.
3. Evidence obtained in violation of the law shall have no legal force and cannot be used as the basis of a court decision.
 
Article 46. The burden of proof 1. Each party bears the burden of proof and determines whether the prerequisites for applying for it profitable.
Party claiming legal consequences deriving from any law, shall justify the facts, giving it the right to do so, and the opposite side-facts, impeding the emergence of law and deny this right.
2. If, after research all the evidence remains unknown reasonableness legally significant facts, this is to the detriment of the party bearing the burden of proof.
 
Article 47. Presentation of evidence 1. Evidence presented by the parties and other persons involved in the case.
2. the circumstances that are relevant for the proper determination of the case, determined by the Court on the basis of requirements and objections of the parties and other persons involved in the case, taking into account the material and procedural norms of law to be applied.
3. The Court may propose to the parties and other persons participating in the case to submit additional evidence necessary for the proper determination of the case.

4. In the case where the presentation of evidence for the parties and other persons involved in the case, the Court on their motion assists them in obtaining evidence.
5. application for discovery of evidence should be indicated by evidence, and what circumstances relevant to the case, may be established or refuted by the evidence, obstacles to obtaining independently evidence and its location.
6. If necessary, the Court gives the person expressing motion, request to retrieve the evidence. A person who has claimed the court evidence, sends it directly to the Court or gives hands on person with the corresponding request for presentation in court.
7. Official or other person from whom evidence is sought by the Court, unable to provide it at all or within the term set by the Court, obliged in writing notify the Court with reasons.
 
Article 48. The relevance of the evidence the Court accepts only those submitted evidence which are relevant to the case.
 
Article 49. The admissibility of the evidence of the circumstances of the case, which by law must be confirmed by specific evidence, cannot be confirmed by any other means of proof.
 
Article 50. Facts do not require evidence 1. Circumstances known as established by the Court and the facts that the opposing party had not challenged or recognized, do not require proof.
2. The facts established by a court decision on one civil case, entered into force, are not again when dealing with other civil cases involving the same person.
3. Entered into legal force court verdict in a criminal case or the judgement of the Court in cases of administrative offence is required (mandatory) for the court hearing the case on the civil consequences of the actions of a person in respect of whom a verdict or a decision of the Court was held only on whether these actions and whether they.
4. Facts not established law assumes theorems in the case, but such an assumption may be refuted in a general way.
 
Article 51. The explanations of the parties and third persons 1. Explanations of the parties and third persons known to them the circumstances relevant to the case are subject to verification and evaluation along with other evidence gathered in the case evidence.
2. Explanation of the said persons may be oral and written.
3. recognition of facts on which side the other side bases its claims or objections, releases the latest from the need for further proof of these facts.
 
4. recognition of the fact that a party is entered in court records. Recognition contained in the written statement, attached to the materials of the case.
5. If the Court has reason to believe that the recognition is committed for the purpose of concealing the actual circumstances of the case, or under the influence of fraud, violence, threats or confusion, the Court does not accept the confession. In this case, the circumstances shall be proof on a common basis.
 
Article 52. Letters rogatory 1. The court hearing the case, in the case of petition person participating in case o need evidence in another city or etrap instructs the relevant court to make certain legal proceedings.
2. the court hearing the case, in the case of petition person participating in case o need evidence in another State, with which Turkmenistan has a Treaty on legal assistance, sends letter rogatory in accordance with the provisions of this Treaty.
3. In determining the judicial order summarized the substance of the case; you specify information about the parties, the place of their residence or their whereabouts, the circumstances to be clarified; evidence, which must collect the Court performing the task. This definition is necessary for the Court to which it is addressed, and must be made within ten days of its receipt.
4. During the execution of the letter rogatory proceedings may be suspended.
 
Article 53. The order of execution of the letter rogatory 1. The execution of the letter rogatory is produced in court according to the rules established by the present code. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the fulfilment of the order.
2. Protocols and all collected when you run errands materials immediately forwarded to the court hearing the case.
3. If the person involved in the case or witnesses who gave testimony to the Court, explanation or performing the order, will be in the court hearing the case, they give explanations or evidence in a general way.
 
Article 54. Securing of evidence 1. Persons who have reason to fear that the provision of the necessary evidence for them will become subsequently impossible or difficult, may petition the Court for the evidence before and after the initiation of proceedings in a Court of law.
2. Provision of evidence produced by witnesses, production expertise, on-site inspection and other means.
 
Article 55. Statement on the provision of evidence 1. In a statement on the provision of evidence must be specified: 1) case, which requires evidence provided;

2) information about the parties and their place of residence or the place of their location;
3) evidence that it must be ensured;
4) circumstances to confirm that require such evidence;
5) reasons the applicant request providing evidence.
2. A statement in court in which the case is decided. If the dispute is not already in the Court, the application shall be filed in the Court which, according to the complainant intended to take a decision on the substantive dispute.
3. following the examination of the application for providing evidence, the Court shall issue a ruling.
4. The definition about refusal in acceptance statement may be filed a private complaint or brought by a private presentation.
 
Article 56. Procedure for ensuring evidence 1. Securing of evidence produced by the Court or judge according to the rules established by the present code.
2. The claimant and other persons participating in case shall be informed about the time and place of the meeting, but their absence does not preclude consideration of application for providing evidence.
3. Protocols and all the material collected in order to ensure evidence is forwarded to the court hearing the case with notification to the persons involved in the case.
 
Article 57. Evaluation of evidence 1. Each proof should be evaluated in terms of the relevance, admissibility, validity, and all the evidence taken together is sufficient to resolve civil cases.
2. The judge evaluates the evidence in accordance with article 17 of the present code by their inner conviction.
3. The totality of the evidence admits sufficient to resolve civil cases, if collected relevant valid and credible evidence, undeniable finding truth about all and about each of the circumstances to be proved or not denied by the party.
4. If the party holds the host claimed the court evidence and did not submit it upon request of the Court, it is assumed that the information contained in it are directed against the interests of the party and it shall be deemed accepted.
 
Article 58. Validation (precedence of probability) the fact 1. If the law provides for verification of any fact is considered sufficient proof submitted, if it is stated that the existence of the fact is mostly likely.
2. a person who must present confirmation of actual approval, can use all means of proof; It may also present statements and explanations of witnesses.
3. Invalid link to evidence that cannot be studied directly in the course of the trial.
 
Article 59. Testimony 1. A witness may be any person who may be aware of any circumstances relevant to the case. Not admit evidence of the testimony of the person, if it cannot identify the source of its information.
2. a witness may be questioned solely about the facts to be ascertained in this case. If the testimony is based on the message of other persons, these persons should also be questioned.
3. Shall not be interrogated as a witness: 1) persons who due to physical or mental disability are unable to correctly perceive the facts and give the correct testimony about them;
2) persons who, because of their young age, are unable to correctly perceive the facts and give the correct testimony about them, except in cases of disputes on the upbringing of children;
3) representatives in a civil case or the defenders in a criminal case, a case concerning an administrative offence-the circumstances which have become known to them in connection with the performance of the duties of the representative or counsel;
4) judge on the issues encountered in the retiring room when discussing the circumstances of the case when the decision or sentence;
5) arbitrator or referee-of circumstances which have become known in connection with the performance of the duties of an arbitrator or an arbitrator;
6) priests-about circumstances which become known to them by individuals, people who trust them to confession;
7) other persons provided for by the legislation of Turkmenistan.
4. a person has the right to refuse to testify in court against oneself and close relatives.
 
Article 60. The content of the statement about calling a witness applicant witness is called, is obliged to indicate what circumstances relevant to the case, the witness can testify and tell the Court his name, patronymic, surname and place of residence or place of work.
 
Article 61. Duties of witnesses 1. A person called as a witness is required to appear in court at the appointed time and give truthful testimony.
2. For refusal to testify on the grounds not prescribed by law, or for knowingly giving false testimony, the witness shall bear responsibility stipulated by the Criminal Code of Turkmenistan, and for failing to appear in court-stipulated by the Code of administrative offences.
3. a witness may be questioned by the Court in the place of stay, if it is due to illness, old age, disability or other good reason not able to appear when summoned by the Court.

4. a witness shall be entitled to recover the costs associated with the subpoena, and to receive monetary compensation for loss of time. Costs and compensations shall be determined by the legislation of Turkmenistan.
 
Article 62. Written evidence 1. Written evidence are containing information about the circumstances of importance for consideration and determination of the case, acts, agreements, certificates, business correspondence and other documents and materials, made in the form of digital, graphic recording, including obtained through fax, e-mail or other communication or in any other way to establish the authenticity of the document.
2. The person presenting written evidence or applying for his discovery, is obliged to indicate what circumstances relevant to the case, the evidence may be established.
 
Article 63. The order of discovery and the presentation of written evidence 1. Written evidence may be submitted by parties and others involved in the case, and also claimed the Court upon their request.
2. The person requesting the Court for obtaining any written evidence from persons involved or not involved in the case should indicate this evidence and identify the obstacles to their obtaining independently, and the grounds on which it considers that the proof is this person.
3. Documents admit the evidence if the information or certified in these organizations, officials, are set for a civil case.
4. Written evidence required by the Court by citizens or legal entities, are sent directly to the Court.
5. the Court may also issue a person the applicant about the discovery of written evidence, receipt of the request for subsequent submission to the Court.
6. written evidence shall be submitted in original or copies certified properly.
7. The paper received in a foreign country, accepted written evidence in court, if not belied its authenticity.
 
Article 64. The obligation of submitting written evidence 1. Persons who do not have the opportunity to provide the required written evidence or submit it within the term set by the Court, shall be obliged to notify the Court with reasons.
2. Written evidence, as a rule, be submitted in original. If provided with a copy of the document, if necessary, the Court may require the submission of an original.
3. If the opposite party fails to specify the presentation of written evidence, or if the Court comes to the conclusion that it had not taken sufficient measures to establish the whereabouts of the document, a copy of the proof brought by a party, may be regarded as correct. If the copy does not result in the approval of proof the parties about the existence and content of written evidence may be considered proven.
 
Article 65. Examination and study written evidence in their place of storage at the difficulty of submitting written evidence to the Court, the Court may require the submission of a duly certified copies and extracts or to inspect and study written evidence in their place of storage.
 
Article 66. The return of authentic written evidence 1. Authentic written evidence, as well as personal letters, available in the case at the request of the persons providing them, can be returned to them after the entry into force of the Court decision into legal force. While the left a copy of the written evidence, certified by the judge.
2. Pending the entry into force of the decision enforceable written evidence may be returned to the parties submitting them, if the Court finds it possible.
 
Article 67. Evidence 1. Exhibits are items that its qualities, properties or by presence can serve as a means of establishing the circumstances relevant to the case.
2. The person submitting the material evidence or applying for his discovery, is obliged to indicate what circumstances relevant to the case, the evidence may be established.
 
Article 68. Order claim and submission of evidence Discovery and presentation of exhibits are produced according to the rules set forth in article 47 of this code.
 
Article 69. The obligation of submission of evidence is not involved in the case officers or other persons who do not have the opportunity to submit to the Court a desired thing or to provide it within the time limit fixed by the Court, must, in writing, notify the Court with reasons.
 
Article 70. Storage and examination of evidence 1. Exhibits stored in the or special inventory are luggage storage of physical evidence Court.
2. Things that cannot be delivered to the Court, are stored in their whereabouts; they must be described in detail and, if necessary, photographed and sealed. Protocol inspection of physical evidence shall be attached to the case.
3. the Court and the guardian take measures to conserve things in an unchanged state.
4. Evidence stored before the entry into force of the Court decision into legal force.
5. Storage costs of exhibits can be distributed between the parties in accordance with article 92 of the present code.

 
Article 71. Inspection of physical evidence subject to rapid deterioration 1. Evidence, perishable, immediately inspected and investigated by the Court, then returned to the person who submitted them for inspection.
2. The time and place of the examination and study of such exhibits are those involved in the case if they can arrive at the location of the material evidence at the time of their examination. Non-appearance of the parts by persons participating in case shall not preclude the inspection and exploration exhibits. Data survey and study shall be entered in the minutes.
3. Examination of the physical evidence, subject to rapid deterioration, and fixing the results thereof shall be made in the manner provided for in the second and fifth parts of article 70 of the present code.
 
Article 72. Return of exhibits 1. Evidence after the entry into force of the Court decision into legal force returned to persons from whom received or given to persons for whom the Court has recognized the right to these things.
2. in certain cases the evidence after examination and research their court can be until the end of the case returned to the persons from whom they were received, if the last request that satisfaction of the application and, if possible, without prejudice to the consideration of the case.
 
Article 73. Appointment of experts by the Court 1. To explain the arising in the case of issues that require special knowledge in the field of science, art, technology or crafts, the Court shall appoint an expert. In case of need, can be assigned to several experts.
2. When designating experts, the Court takes into account the views of the parties, their representatives and others involved in the case.
3. If the parties agree on the person as an expert, the Court accepts this arrangement.
4. Every person involved in the case, has the right to submit questions to the Court, which should be explained to the expert. Finally the range of issues requiring findings of expert, determined by the Court. Deviation of issues proposed by persons involved in the case, the Court is obliged to motivate.
5. appointment of experts, the Court shall issue a ruling. On Court Nominations may be submitted by a private complaint.
 
Article 74. The order of the examination 1. Examination is carried out by the experts of the relevant institution or other specialists appointed by the Court. An expert can also be triggered by any person with the necessary expertise to give an opinion.
2. the expert gives an opinion on its behalf and bears personal responsibility for the conclusion.
3. When appointing a few experts on the case before making the conclusion they confer among themselves. If the experts come to the General conclusion, most signed by all experts.
4. In the case of disagreements between experts each expert is its conclusion separately.
 
Article 75. Duties and responsibilities of the expert 1. A person appointed an expert, shall present himself when summoned by the Court and give an unbiased opinion on the raised before it.
2. A person appointed expert has an obligation to conduct an examination, if it formally appointed for the examination of the desired type, or if it is based on employment are engaged in science, art or has a profession, knowledge of which is necessary for the examination, or if it has been formally appointed or authorised to carry out this work.  
3. the expert shall promptly check whether the order to his professional activity and whether it can be done without attraction of additional experts. If the order does not apply to his professional activities, the expert must immediately inform the Court.
4. the expert shall not have the right to transfer the execution orders to another person.
5. For obviously falsified findings the expert bears the responsibility established by the Criminal Code of Turkmenistan.
 
Article 76. Law expert 1. The expert has the right to: 1) asking the Court to grant him to study additional materials and documents;
2) ask questions in court persons participating in the case and witnesses;
3) if necessary to get acquainted with the materials of the case relating to the subject-matter expertise;
4) apply for attracting other experts for examination.
2. the expert may refuse to give opinion, if the material before it was insufficient to give opinion or question goes beyond his expertise.
3. Grounds for the witness to refuse to testify, give an expert right to refuse examination. The Court may also vacate expert from the examination for other reasons.
 
Article 77. Expert opinion 1. Expert gives his opinion in writing.
2. The opinion of the expert shall contain a detailed description of the research produced, the conclusions reached as a result of them, and the answers to the questions posed by the Court. If the expert in the production of examination will establish the circumstances relevant to the case, about which no questions were asked, it may include conclusions about these circumstances, in my opinion.
 
Article 78. Evaluation of court expert opinion
 

Expert opinion is not for a court pre-established probative value and is evaluated by the Court according to the rules established by article 57 of this code. The Court disagreed with the conclusion must be motivated in the case or in the definition.
 
CHAPTER 6. LEGAL COSTS Article 79. Court costs legal costs consist of the State fee and the costs associated with the case.
 
Article 80. Exemption from payment of court fees 1. From payment of court costs to the State are exempted: 1) plaintiffs for claims for recovery of wages and other claims arising from the employment relationship;
2) plaintiffs for claims arising from copyright, as well as the right to discovery, invention, rationalization proposal and industrial designs;
3) plaintiffs claims for alimony and maintenance;
4) plaintiffs claims for damages caused by an injury or other impairment of health, as well as for loss of the breadwinner;
5) local authorities Pension Fund of Turkmenistan claims for foreclosure of the property insured, as well as pension fund and its local authorities, claims for the recovery of unduly paid amounts of pensions and State benefits;
6) plaintiffs in claims for compensation for material damage caused offence or administrative offence;
7) hand with appeals in cases of dissolution of marriage;
8) the organs of the Procurator's Office, as well as public authorities, in the cases stipulated by the legislation of Turkmenistan, statements in court to protect the rights and interests of others;
9)-financial authorities for filing in court statements on matters of special production;
10), citizens, public authorities, other bodies and officials on matters arising from administrative legal relations, except in cases of complaints against unlawful actions by State bodies or officials that infringe the rights of citizens;
11) hand-on disputes relating to the compensation of damage caused to a citizen of unlawful conviction, unlawful prosecution, unlawful use as preventive detention or unlawful imposition of an administrative penalty in the form of administrative detention;
12) other persons provided for by the legislation of Turkmenistan.
2. the Court or judge, on the basis of the property of a citizen is entitled to exemption from payment of court fees in the State.
 
Article 81. Statement of exemption from payment of court fees 1. Statement of exemption from payment of court fees is filed in writing to the Court, which would fall under the jurisdiction of the case.
2. the application for exemption from payment of court fees citizen is obliged to attach documents showing his material and family situation.
 
Article 82. A deferral or payment byinstallments of court costs and reducing the size of the Court or a judge, on the basis of the property status of the parties, may postpone or spread out one or both of the parties the payment of legal costs exacted in State revenue, or reduce the amount of these expenses.
 
Article 83. Undefine exemption from court costs, the Court or judge shall cancel its determination on exemption from court costs, if satisfied that the circumstances underlying this definition does not correspond to reality. In such cases the party concerned shall pay all the costs of the case in accordance with this code.
 
Article 84. The size of the State duty 1. Every statement of claim-original or counter, statement on the preddogovornym Court, the statement of a third party who claims independent claims on the subject matter of the dispute in the already initiated the process, the application (complaint) in cases of special proceedings, a complaint on business, nervous complaints against unlawful actions by State bodies or officials that infringe the rights of citizens paid State fee in the amount established by the legislation of Turkmenistan.
2. a statement of the determination of the court order is paid State fee in the amount of 50 per cent of the rates payable upon filing of the statement of claim.
3. Appeals from decisions of the courts are paid State fee in the amount of 50 per cent of the rates payable upon filing of the statement of claim (claims in cases of special proceedings and complaints on business, nervous complaints against unlawful actions by State bodies or officials that infringe the rights of citizens), and for property disputes-betting, calculated from the contested amount in accordance with the legislation of Turkmenistan.
4. private complaints of ruling State fee shall be paid.
5. Are exempt from payment of the State fee natural persons and legal entities for issuing documents in cases of alimony.
6. Reissue (duplicates) copies of court orders, as well as copies (duplicates) of other documents from the case issued by the Court at the request of the parties and other persons involved in the case, paid State fee in the amount established by the legislation of Turkmenistan.
 
Article 85. Price of a claim 1. Price claim is determined by: 1) in actions to recover the cash-payable amount;
2) in claims of discovery property-value of claimed items;

3) in claims for alimony and maintenance-aggregate payments for one year;
4) in claims on urgent payments-the aggregate of all payments made, but not more than three years;
5) in claims on perpetual or lifetime payments-aggregate payments for three years;
6) in actions to reduce or increase in payments-the amount by which the decreasing or increasing payments, but not more than one year;
7) in claims for termination payments, the aggregate remaining payments, but not more than one year;
8) in claims about early termination of the contract of tenancy (rental)-aggregate of payments for the use of the property for the remainder of the term of the agreement, but for no more than three years, and claims for recognition agreements void-based upon the value of the property;
9) in claims for ownership of buildings owned by citizens, cost structure, but not below its inventory assessment, or in the absence of her-not below appraisal under the insurance contract, and for buildings belonging to enterprises, institutions, organizations and their associations, non-governmental organizations, not lower than the balance of the assessment;
10) in claims, consisting of several independent claims, the total amount of all claims.
2. Price of the claim stated by the plaintiff. In case of discrepancy the specified price is the actual value of the claimed items price claim shall be determined by the judge in making the claim.
 
Article 86. Additional payment of State duty 1. When the difficulty of determining the price of a claim at the time of its presentation of the size of the State duty pre-installed judge followed by an additional collection of the State duty in accordance with the price claim defined by the Court in resolving the case.
2. When you increase the size of the claim during the consideration of the case by the shortfall of the State fee to be paid by the claimant in accordance with the increased cost of the lawsuit.
 
Article 87. The return of the State duty 1. State fee paid shall be returned partially or completely in the following cases: 1) the making of the State duty in a larger size than is required by the legislation of Turkmenistan;
2) rejecting the application;
3) return to the plaintiff a writ on grounds provided for by article 154 of this code;
4) termination of proceedings on the grounds provided for in article 259, paragraph 1 of the present code;
5) abandonment without considering the statements on grounds provided for by paragraphs 1 and 2 of article 261 of the present code;
6) waiver of appeal from dependent appeal.
2. In the case provided for in paragraph 1 of this article, state tax returns to unnecessarily as the amount.
3. State fee Paid shall be returned to the half in cases stipulated by part one of article 96 of this code.
4. State duty refundable and in other cases stipulated by the legislation of Turkmenistan.
5. Refund of the State fee shall be made on condition that the claim for refund was submitted to the Court before the expiry of thirty days from the day the amount credited to the State budget of Turkmenistan.
 
Article 88. Costs associated with processing the case for costs related to the case are: 1) sums payable to witnesses, experts, specialists and translators;
2) costs associated with the production of on-site inspection;
3) costs for the tracing of the defendant;
4) costs related to the execution of a judgment of the Court;
5) other expenses recognized by the Court.
 
Article 89. Amounts payable to witnesses, experts, specialists and translators 1. For individuals, called to court as a witness, expert, specialist, interpreter, preserved for all time spent in connection with their appearance before the Court, the average earnings by place of work. Witnesses who are not employees, for their distraction from work or normal are rewarded.
2. witnesses, experts, specialists and translators are reimbursed expenses and the hiring of premises, incurred in connection with their appearance before the Court, and a subsistence allowance.
3. Experts and specialists receive remuneration for work done at the request of the Court, if this work is not included in the scope of their official duties.
4. Remuneration of experts and specialists is determined by the Court, taking into account the views of parties, experts and specialists.
5. Procedure for payment and the amounts to be paid are established by the Cabinet of Ministers of Turkmenistan.
 
Article 90. Recovery from Parties the amounts to be paid to witnesses, experts and professionals 1. Amounts payable to witnesses, experts and specialists or required for payment of expenses for production of on-site inspection, previously made by the party who requested. If the request relates to both parties or call witnesses, experts, specialists, inspection on site are made on the initiative of the Court, the amount shall be made by the parties in equal shares.
2. The amounts mentioned in this article, are not a party, freed from paying court costs.
 
Article 91. Payment of sums due to witnesses, experts, specialists and translators
 

Sums due to witnesses, experts, specialists and translators are paid by the Court for the discharge of their responsibilities. Witnesses, experts and professionals, these sums are paid regardless of the recovery of their parties. Payment of amounts owed to the translators, is made at the expense of the State budget of Turkmenistan.
 
Article 92. The distribution of costs between the parties 1. The party in whose favour the award is made, the Court shall award on the other hand all incurred costs in the case, at least this side and was exempted from payment of court costs in the State. If an action is satisfied in part, the amounts mentioned in this article, are awarded in proportion to the plaintiff satisfied the Court of claims, and the respondent-proportionally to the part of the claim in which the claimant refused.
2. the rules laid down in this article, apply also to State duty, as parties in filing appeals.
3. If a higher court without referring the case for a new consideration, change held a decision or makes a new decision, he alters the distribution of court costs.
 
Article 93. Providing legal assistance to citizens free of charge 1. The judge or court in preparing the case for trial, or when a case is entitled to based on the property of a citizen to free him completely or partially from payment for legal assistance and reimbursement of mission, and put them at the expense of the State.  
2. payment of the legal assistance provided by counsel, and the reimbursement of expenses related to the mission shall be determined in accordance with the rules governing legal assistance to citizens of bar associations.
3. the application for exemption from payment of legal aid and for reimbursement of expenses related to representation, citizen is obliged to attach documents showing his material and family situation.
4. following consideration of the application by the judge or court imposed a reasoned determination about full or partial release from payment of citizen legal assistance and reimbursement of mission, or to reject the application.
5. determination of the Court or a judge about full or partial release from payment of citizen legal assistance and reimbursement of mission, at the same time be given immediate legal advice and the financial authority at the location of the Court for execution.
 
Article 94. Reimbursement for payment of legal assistance 1. The party in whose favour the award, according to her written request the court awards reparations other party its costs incurred by a lawyer involved in the process, the amount of expenses actually incurred by the party. On monetary requirements of these expenses shall not exceed five per cent of the satisfied part of the claim.
2. If, in accordance with established procedures, counsel was provided free of charge, the Court-side charges on the other hand a specified amount in favor of legal advice or the State, if the decision to release the parties from paying for legal assistance was taken in the manner provided for in article 93 of the present code.
 
Article 95. Distribution of court costs between procedural complicit 1. Procedural partners bear the legal costs of the case in equal shares, unless it is due to the difference in the price of their claims.
2. If the joint and several liability derives from the disputed material relationship, the Court shall award damages jointly and severally with the co-defendants in the case also.
3. Expenses incurred in connection with the proceedings, which were produced on demand procedure only partner in his interest, other procedural accomplices are not reimbursed.
 
Article 96. Privileges on payment of State fee 1. State tax is reduced by half if the trial ends: 1) the refusal of the plaintiff from suing in connection with voluntary satisfaction of claims by the defendant after the commencement of the action;
2) settlement agreement;
3) by court decision, based on the recognition of the claim.
2. If the conclusion in accordance with paragraph 1 of this article applies only to the part of the subject of the dispute, the reduction of the State fee applies only to that part.
 
Article 97. Distribution of judicial and other costs while the denial of the claim and the settlement agreement 1. When refusing the plaintiff from suing them legal costs incurred by the defendant are not reimbursed. However, the refusal of the claim in connection with voluntary satisfaction of claims by the defendant after the plaintiff does not preclude recovery by the plaintiff of legal costs incurred by him in the case, and Attorney costs.
2. If the parties when concluding amicable agreement does not contemplate the distribution order of court costs and expenses to pay for a lawyer, the Court decides the matter upon application by one of the parties on an equitable discretion.
 
Article 98. The distribution of costs relating to the complaint costs associated with processing the complaint, may be assigned by the Court to the citizen in the case of a court decision rejecting a complaint either on government authority or official if it is determined that the actions of that body or official are illegal.
 

Article 99. State reimbursement of court costs 1. From the payment of State duty which the plaintiff was released, collected from a defendant in State revenue in proportion to the udovletvorënnoj part of the claims. If you deny the claim costs incurred by the Court in connection with the consideration of the cases recovered from the plaintiff in State revenue.
2. If an action is satisfied in part, and the defendant exempted from payment of court costs, costs incurred by the Court in connection with the consideration of the cases collected in State revenue from the plaintiff, not liberated from payment of court fees, in proportion to that part of the claim, in addressing which denied.
3. In case a person tracing defaulting payment of amounts due from the payment, the Court in the case of charges with the person to the State revenue production costs.
 
Article 100. Appeal Court on issues related to the judicial court costs on matters related to court costs may be filed a private complaint.
 
CHAPTER 7. PROVISION of SECURITY Article 101. Provision of security if a party, in accordance with the provisions of this code should provide security, by a pledge of money or securities, which according to the provisions of the law are suitable for the provision of security, unless the parties decide another arrangement.
 
Article 102. Return to ensure if the grounds for providing security have ceased to exist, the party in whose favour security has been given, shall give its consent to the return of security. If, despite the requirement will not consent, it is replaced by the decision of the court hearing the case.
 
 
CHAPTER 8. PROCEDURAL TIME LIMITS Article 103. Calculation of procedural time limits 1. Procedural acts are committed in the terms established by law. If the procedural time periods are not set by law, they are appointed by the Court.
2. the dates for fulfillment of procedural action identifies the exact calendar date, showing up at an event that must occur, or time period. In the latter case, the action can be done over the entire period.
3. The procedural time limit calculated in years, months or days begins on the day following the date or the occurrence of the event which defined his start.
 
Article 104. The end of the procedural time limits 1. Term calculated in years shall expire, in the relevant month and the number of the last year of the period.
2. a period calculated in months shall expire, in the relevant month and the number of the last month of the period. If the end of the period calculated in months falls on such a month, which does not have a corresponding number, the period shall expire on the last day of that month.
3. where the last day of the period falls on a holiday, the day of the expiration is considered to be the first next working day.
4. Procedural action, for which the timeframe can be performed up to twenty-four hours of the last day of the period. If the complaint, documents or monies received by mail or telegraph up to twenty-four hours of the last day of the period, the period is not considered to be missed.
5. If the procedural act must have been committed before the Court or another organization, the period shall expire on the hour when this Court or the Organization's established rules ends or ceases operations.
 
Article 105. The consequences of skipping the procedural time limits 1. The right to perform procedural actions shall cease with the termination of the period fixed by law or appointed by the Court.
2. Complaints and documents filed after the expiry of procedural time limits, if not filed the request for renewal or restoration of missed time limits are not considered by the Court and returned to the person by whom they were filed.
 
Article 106. The suspension of the procedural time limits 1. For all neistëkših of procedural time limits shall be suspended with suspension of the proceedings. The suspension dates begins from the time of the occurrence of circumstances giving rise to the suspension of the proceedings.
2. From the date of resumption of production for procedural time limits continues.
 
Article 107. Renewal of procedural deadlines Assigned Court procedural terms may be extended by the Court.
 
Article 108. Restoration of procedural time limits 1. Persons, who had conceded the period prescribed by law, for reasons recognized as valid by a court, missed procedural deadlines can be restored.
2. the application for renewal of a missed procedural term is filed with the Court, which had to accomplish the procedural action, and is dealt with in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the resolution of the issue put to the Court.
3. Simultaneously with the application for renewal of a missed procedural term shall be committed procedural action (complaint, documents, etc.), which skipped periods.
4. The definition of court procedure for renewal of a missed deadline or refusal of renewal of a missed procedural term can be made private or complaint brought by a private presentation.
 
CHAPTER 9. JUDICIAL notices and CALLS Article 109. Judicial notice and challenges
 

1. Persons participating in the case as well as witnesses, experts, specialists and translators are notified or called in Court judicial subpoena with acknowledgment of receipt, by registered letter with acknowledgment of receipt, or by telegram, and using other means of communication that provide fixing notices or call and handing it to the recipient.
2. A summons is a form of judicial notices and calls. Persons involved in the case are informed judicial agendas about the time and place of the court session or individual proceedings. Together with a notice in the form of a subpoena or registered letter person involved in the case, sent copies of procedural documents.
The judiciary is also under subpoena subpoena witnesses, experts, specialists and translators.
Called as a witness a person who has not attained the age of 16, produced through his or her parents or other legal representatives. Another procedure is allowed only in case when it is called by the circumstances of the case.
3. Persons participating in the case, court notices and calls should be awarded with such calculation, that the persons concerned had enough time to prepare for the case and timely court appearances.
4. judicial notice addressed to the person involved in the case is sent to the address specified by the person participating in the case, or his representative. If the specified address is not actually a person lives, the notice may be directed to his work.
5. judicial notice, addressed to the Organization, is sent to the place of its location.
Judicial notice, addressed to the organization can be directed at the location of its branch offices or, if they are specified in the by-laws.
6. the forms of judicial notices and challenges described in this clause apply in relation to foreign natural and legal persons, unless otherwise regulated by the international agreements of Turkmenistan.
 
Article 110. The contents of the subpoenas and other legal notices 1. A subpoena or other judicial notice should contain: 1) the exact name of the addressee;
2) name and exact address of the Court;
3) specify the place and time of appearance;
4) the name of the case in which you are calling;
5) as someone called the addressee;
6) persons participating in the case, to submit all their evidence in the case;
7) specify the responsibility of the person who accepted the summons and notice in connection with absence of the addressee at the earliest opportunity to hand it to the addressee;
8) an indication of the consequences of non-appearance (article 61, 192-194, 222-224 of this code).
2. summonses or other legal notices addressed to persons participating in the case, are invited to submit to the Court all the evidence in the case, as well as the consequences of failure to submit evidence and to appear in court, or called izveŝaemyh persons, the obligation to inform the Court explains reasons for absence.
3. Simultaneously with the judicial subpoena or other judicial notice, addressed to the defendant, the Court shall send a copy of the statement of claim and the Court subpoena or other judicial notice, addressed to the plaintiff a copy of the respondent's explanations in writing if the explanations received in court.
 
Article 111. Delivery of subpoenas and other legal notices 1. The summons is delivered by mail or in person, to whom the judge instructs them to deliver. The time of delivery to the addressee indicated on the agenda presented by the agenda and the receipt in her getting to be returned to the Court.
2. A judge may, with the consent of the person involved in the case, issue a summons for service at the hands of another person, or izveŝaemomu called. The person to whom the judge instructed to deliver a subpoena or other judicial notice, must return to court a receipt on receipt of a subpoena or other legal notices from the receipt by the addressee for the receipt.
 
Article 112. Presentation of the agenda 1. The summons shall be served on the person to whom it is addressed, personally against a signature on receipt in receipt of summons, returnable to the Court. The summons addressed to the legal person is handed over to the appropriate official, which signs on a receipt indicating their positions, the names and initials.
2. If the person delivers the summons is not invoked in court finds a person at his place of residence or work, the subpoena will be given to anyone of cohabiting adult members of the family with him and, in the absence of their housing organisation, arčynu gengešlika, or the administration of the place of work. In these cases, the person who has the agenda, shall on receipt on receipt of subpoenas indicate your surname, name and patronymic, as well as relevant to the addressee or the post. The person who accepted the summons, shall as soon as possible, without delay, deliver it to the recipient.
3. in the temporary absence of the addressee, the person who delivers the summons, notes on receipt of the agenda where the addressee is eliminated and when it is expected to return. This information must be verified and certified by the appropriate housing organization, arčynom gengešlika, or the administration of the legal person, where the recipient or, in the absence of this information from them-anyone from cohabiting adult members of the family with him.
 
Article 113. The consequences of a refusal of the adoption of the agenda
 

1. In case of refusal by the addressee to accept agenda delivers her face makes a corresponding mark on receipt on receipt of summons, which is returned to the Court. A refusal to accept the summons shall be certified by the relevant housing organization, arčynom gengešlika, or the administration of the legal person, where the addressee, or the signatures of at least two citizens.
2. in case of refusal of the adoption of the agenda the agenda without legitimate grounds left in the place of delivery. Thus handing is considered to be realised.
 
Article 114. Change addresses during the proceedings a person involved in the case, and their representatives are required to inform the Court about the change of address during the proceedings. In the absence of such a subpoena or other judicial message notification is sent to the last known address of the Court and shall be deemed delivered, even if the addressee at that address no longer resides or is not.
 
Article 115. The Court's action with suspense seat respondent 1. When the actual residence of unfamiliarity of the defendant, the Court will proceed to consider the case when entering the court summons or other legal notices with a mark certifying its receipt of housing organization or arčynom gengešlika to the last known place of residence of the defendant.
2. When a defendant claims the seat suspense about alimony and compensation for harm caused personal injury or other impairment of health, as well as for loss of the breadwinner, and against the public interest, the judge must declare the respondent wanted through the organs of internal affairs. The announcement by the Court of the defendant's investigation does not constitute an obstacle to the consideration of the case.
When determining the location of the defendant in the course of the investigations it is handed over to the judicial summons to court.
3. Recovery of costs for the tracing of the defendant shall be made on the application of the Department of Interior by a determination of the court order in the manner provided for in Chapter 12 of this code.
 
Section II. A person involved in the case, their rights and duties CHAPTER 10. A person involved in the case, their rights and duties Article 116. Persons participating in the individuals involved in the case are: 1) the parties, third parties, the Prosecutor, bodies of State administration in court for the protection of rights, freedoms and legitimate interests of other persons, on the grounds provided by the first part of article 16 of the present code;
2) the complainants and other interested persons, in cases before the Court in incidental proceedings, and matters arising from administrative legal relations.
 
Article 117. Rights and obligations of persons involved in the case of a person involved in the case have the right to be acquainted with materials of proceedings, to make them an extract and photocopy; claim offsets; to present evidence and participate in the study; ask questions of other persons participating in the case, witnesses, experts and specialists; to file petitions, including the discovery of additional evidence; give oral and written explanations to the Court; to submit their arguments on all issues arising in the course of the trial; oppose motions arguments of others involved in the case; participate in court debates; get acquainted with the Protocol of the court session and to submit written comments on it; appeal against court rulings; receive copies of decisions, determinations, resolutions and other documents, and use other procedural rights granted to them by this code. They must conscientiously make use of all its procedural rights.
 
Article 118. Civil procedural legal capacity in civil standing one who possesses legal competence.
 
Article 119. Civil procedural legal capacity 1. Procedural legal capacity is the person who is capable.
2. On behalf of the incapacitated party procedurally valid legal representative.  
3. in cases arising out of labour relations and from transactions related to income received, minors have the right to defend their rights, freedoms and interests protected by law. However, the Court is entitled to involve in such cases, the legal representatives of minors.
 
Article 120. Side 1. Parties in civil proceedings is the plaintiff and the defendant. The plaintiffs are the natural and legal persons who sued. The defendants are the natural and legal persons to whom the accused claim.
2. In the cases provided for by law, the parties may be non-entities.
3. A person in respect of whom the case initiated on application by persons having a legal right of recourse to the courts for protection of the rights, freedoms and legitimate interests of other persons, the Court is notified of the collision process and participates in it as a plaintiff.
4. the parties have equal procedural rights and bear equal procedural obligations.
 
Article 121. Change the justification or the subject matter of the claim, the rejection of a claim, the recognition of the claim settlement agreement 1. The plaintiff may amend basis or subject of the action, increase or decrease the size of the claims.

2. the plaintiff may, without the consent of the defendant to abandon a lawsuit to trial. In a subsequent denial of plaintiff from suit is valid only with the consent of the defendant. The respondent may accept the claim. The parties may terminate the case settlement agreement.
 
Article 122. Participation in the multiple plaintiffs or defendants 1. An action may be brought in court jointly by several claimants or more defendants (procedural complicity).
2. Procedural complicity allowed if: 1) the subject-matter of the dispute are general rights or responsibilities of several plaintiffs or defendants;
2) rights and obligations of multiple plaintiffs or defendants have one base;
3) subject-matter of the dispute are similar rights and responsibilities.
3. Each of the plaintiffs or defendants in relation to the other side of the stands in the process yourself. Partners can entrust the case to one or more accomplices.
 
Article 123. Improper replacement of the defendant 1. When preparing a case or during his trial in the Court of first instance, if it is determined that a claim is not to that person, who must respond to the lawsuit, at the request of the plaintiff, without discontinuance allows replacement of improper defendant appropriately. After replacing improper defendant preparation and proceedings are produced from the beginning.
2. If the claimant does not agree on a replacement for improper defendant by another person, the Court examines the case as the lawsuit.
 
Article 124. A third party claiming separate requirements concerning the subject of the dispute 1. A third party claiming separate requirements concerning the subject of the dispute, may join the case prior to the adoption of a judgment by the Court of first instance by bringing an action to one or both sides. They enjoy all the rights and bear all the responsibilities of the claimant.
2. When the intervention of a third party who claims independent claims on the subject of the dispute, the case is made from the outset.
 
Article 125. Third parties do not claim separate requirements concerning the subject of the dispute 1. Third parties do not claim separate requirements concerning the subject of the dispute, can intervene on the side of the plaintiff or the defendant before the Court of first instance judgement on a case if it can affect their rights or obligations in relation to one of the parties. They may be involved in the case also on the request of the persons involved in the case.
Third parties do not claim separate requirements concerning the subject of the dispute, shall enjoy procedural rights and duties of the parties to the proceedings bore, except the right to change or the subject of a lawsuit, increase or decrease the size of the claim, denial of the claim, the recognition of the claim or the conclusion of a settlement agreement, as well as to bring a counterclaim. Their proceedings are for the main parties legally valid if they do not contradict its own proceedings.
On the intervention of a third party not claiming separate requirements concerning the subject of the dispute, the ruling of the Court.
2. Third party without independent claim should take legal dispute in the State in which he resides at the time of their entry into force.
 
Article 126. Notice and invitation to participate in the process 1. The party, which in the case of an adverse outcome for her legal dispute believes that can lay claim to a third person for guarantee or compensation, or to ensure that the third party claim, may before making a final decision on the case, notify, and to invite him to join the process for her support as a third party.
2. For third party notification party submits a written statement to the Court. The statement shall include the grounds for the notification and the actual position of a legal dispute. A copy of the statement to a third person and the other side of the legal dispute is awarded by the Court.
 
Article 127. Consequence of notification 1. A third person has the right to speak on the side, which informed him and his attitude to the parties is based on the principles of participation of third party without independent claims.
2. If the third party refuses to join or not expressed in this regard, the legal dispute continues without consideration of its views. Effect of notification of third parties in the legal dispute to arise only when the loser of the process in the follow-up process to the third person asserts a claim for damages.
3. The facts established by the first process, not proven in the subsequent process. Third party objection that the Court in the first trial wrongly allowed the legal dispute or the evidence was not sufficiently substantiated to be disregarded except as provided by paragraph 5 of article 51 of this code.
 
Article 128. Procedural succession 1. In the cases of retirement of one of the parties in the disputed or prescribed court legal relation (death of a citizen, the cessation of the activities of a legal entity), the Court allows the replacement of this side of her successor. Succession is possible at any stage of the process.
2. For the successor to all the actions committed in the process until its entry into force, binding to the extent they would be obligatory for a person who was replaced by a successor.

3. Transfer or assignment does not affect the process. Upon assignment of a claim to a third party after filing a lawsuit, the transferee has no right without the consent of the opposite party to continue the process as the main parties instead of predecessor or to join the case as a third party with independent compliance requirements. However, the transferee may join the process as a third person, not asserting a separate claim.
4. The decision of the Court to replace or not to replace a successor may be filed a private complaint.
 
Article 129. Participation of the Prosecutor in the process 1. The Prosecutor who filed the claim (application) shall have the same procedural rights and duties procedure bears all the plaintiff, except for the right to conclude a settlement agreement. In case of failure of the Prosecutor of the claim (application) filed in defense of lawful interests of another person, the examination of the merits continues, if that person or his legal representative expresses about the denial of the claim. In this case, the legal costs are paid on the same basis. In case of refusal of the claim of the plaintiff, the Court shall terminate the proceedings.
2. If the claimant does not support the requirement, stated by the Prosecutor, the Court leaves the claim (application) without consideration.
3. the Prosecutor shall have the right to participate in the process and after judicial debate give the Court opinion on the regularity of application (complaint) in cases envisaged by the heads of 25-26, 32-34 of this code.
 
Article 130. Participation in the process of public administration, protecting the rights of other persons 1. In the cases provided for by law, Governments can go to court to protect the rights and legitimate interests of other persons at their request. A statement in defence of the legitimate interests of a minor or incompetent in these cases may be filed regardless of the request of the person concerned or his legal representative. The refusal of the Government to the statement made on behalf of another person, does not deprive this person of the right to demand consideration of a case on the merits. In this case, the legal costs are paid on the same basis.
2. If a person in respect of whom proceedings, does not support the stated requirement, the Court leaves the claim (application) without consideration.
3. Public authorities, making the statement, enjoy all the procedural rights and bear all the procedural obligations of the claimant, except for the right to enter into the settlement agreement. In case of refusal of a public administration body of statements made in the protection of legal interests of another person, the examination of the merits continues, if that person or his legal representative expresses about the denial of the claim. In this case, the legal costs are paid on the same basis. In case of refusal of the claim of the plaintiff, the Court shall terminate the proceedings.
 
CHAPTER 11. Representation in court Article 131. Business management through the representatives 1. Citizens can conduct its business at the Court in person or through representatives. The personal involvement of the citizen in the case did not preclude him from having a representative on this matter.
2. legal persons engaged in court their representatives are members assigned with the appropriate authority. Leaders of legal entities acting as an organ of the legal person are court documents proving their position or authority.
3. On behalf of the Organization stands in Court constitutes an authorized representative of the liquidation Commission.
 
Article 132. Persons who may be representatives in court 1. Representatives of the Court can be capable persons having duly credentials on the conduct of a case in court, with the exception of those referred to in the first part of article 135 of this code.
2. The persons referred to in article 136 of this code have the credentials of the representatives of the law.
 
Article 133. Registration Authority representative 1. The powers of the representative must be expressed in a written power of Attorney issued and executed in accordance with the law.
2. A power of Attorney issued to citizens, shall be certified by a notary. Power of Attorney issued by the citizens could also be certified: 1) Organization, in which the principal work or study;
2) housing organization in whose territory he resides;
3) administration of hospital medical institution in which the citizen is treated;
4) appropriate military part, if the power of Attorney issued to military personnel.
3. The power of Attorney of persons in detention shall be certified by the head of the relevant institution.
4. Power of attorney on behalf of the legal entity issued by the head of a legal person or other authorized person.
5. Legal representatives have court documents certifying their status.
6. Powers of solicitor order.
7. the powers of the persons providing legal assistance on the basis of a license certified by the Treaty on mutual legal assistance and a copy of the license.
 
Article 134. The powers of the representative
 

The representative has the right to make, on behalf of the represented all the proceedings. However, the right of representative at the signing of the statement of claim, filing it in court, the transfer dispute to the Arbitration Court, filing a counterclaim, a full or partial waiver of claims, reducing their size, recognition of changing the subject of the claim or cause of action, the conclusion of an amicable agreement, the transfer of responsibilities to another person (such), appeal the judgement should be specially stipulated in the power of Attorney issued by the represented person.
 
Article 135. Persons who may not be representatives in court 1. Representatives in court may not be: 1) persons who have not attained the age of majority;
2) recognized in the manner prescribed by law incapable or of limited legal capacity;
3) persons deprived of the judgement of a Court of law to practice law within the time specified in the sentence;
4) judges, investigators, prosecutors and deputies of the Majlis of Turkmenistan, members of local bodies of the legislature, except their participation in the process as Commissioners of the respective organizations or legal representatives;
5) person, if in this case it has or previously had provided legal aid to persons whose interests are inimical to the interests of the sending, or participated as a judge, Prosecutor, investigator, the person who made the inquiry, expert, specialist, interpreter, a witness or a witness, as well as if it is a relative of the officer involved in the case.
2. If the representative could be challenged by persons involved in the case.
 
Article 136. Legal representatives 1. The rights, freedoms and interests protected by law incapable citizens, persons not possessing full legal capacity or recognized partially capable, defended in court by their parents, adoptive parents, guardians or other persons who are entitled to courtesy of the legislation of Turkmenistan.
2. In a case in which citizen should participate in the prescribed manner recognized as missing, as his representative supported the guardian appointed for the protection and management of the property of the missing.
3. In a case in which must participate heir person who dies or is declared dead in the prescribed manner, if the inheritance is still not accepted, as the representative of the heir to the guardian or acts as guardian appointed for the protection and management of hereditary property.
4. Legal representatives commit on behalf of all submissions to the proceedings, a right which belongs to the submitted, subject to the restrictions provided for by law.
5. Legal representative may entrust another person in court, elected as a representative.
 
Section III. Proceedings before the Court of FIRST INSTANCE SUBSECTION i. PRODUCTION ORDERS CHAPTER 12. ORDERS PRODUCTION of Article 137.  The concept of exact production 1. Production clerk is production according to recover an amount of money or discovery of movable property from the debtor to the undisputed requirements without holding a court session and calling parties.
2. Orders production culminate the court order.
3. determination of the court order is both an executive instrument and enforced in accordance with the procedure established for the execution of judicial decisions.
 
Article 138. Requirements on which the court order ruling the court order is made, if: 1) requirement is based on notarized the transaction;
2) requirement is based on the transaction, completed in a simple writing and recognized by the respondent;
3) claim is based upon a mistake committed by the notary protest bills in insolvencies, neakcepte and nedatirovanii acceptance;
4) stated requirement for the recovery of maintenance for minor children is not associated with establishing paternity (maternity), or the need to attract third parties;
5) stated the requirement to recover the assessed but not paid to the employee the wages and other payments;
6) organ of Internal Affairs stated the requirement to recover the cost of the respondent or debtor tracing;
7) stated the requirement of collecting debts for public utilities (water, gas and electricity in excess of established limits, etc.);
8) stated the requirement for debt recovery for communications services;
9) stated the requirement for recovery of medical institutions in favor of money spent on treatment.
 
Article 139. Application for determination on court order statement of the determination of the court order served in the Court of the General rules of jurisdiction established by the present code.
 
Article 140. The form and content of the statement of determination on court order 1. Statement of the determination of the court order is served in writing.
2. The mission statement of the determination of the court order must be specified: 1) the name of the Court in which the application;
2) the name of the plaintiff, his place of residence or location, details of the legal person;
3) name of the debtor, his place of residence or location, details of the legal person;
4) plaintiff and circumstances on which it is based;
5) documents substantiating claims plaintiff;

6) list of attached documents.
In case of discovery of movable property must be specified in the statement, the value of that property.
3. a statement of the determination of the court order is signed debt-collector or his representative with appropriate powers. The statement lodged by the representative, shall be accompanied by a document certifying his or her authority.
 
Article 141. State duty 1. Statement of the determination of the court order is paid State duty in accordance with part 2 of article 84 of the present code.
2. upon refusal of an application, the State duty, introduced debt-collector, is returned.
3. When lifting the court order the State duty, introduced debt-collector is not returned.
4. Upon presentation of a claim against the debtor in the debt-collector order lawsuit State fee paid shall be counted in the duties payable.
 
Article 142. Grounds for non-acceptance and return of declarations of determination on court order 1. Judge denies making Returns or statement of the determination of the court order on the grounds stipulated in article 153 of this code. In addition, the judge gets the statement in cases where: 1) claimed not required by article 138 of this code;
2) place of residence or seat of the debtor is unknown or outside Turkmenistan;
3) not present documents confirming the stated requirement;
4) contemplated the existence of a dispute on the law of the sea, which cannot be resolved based on the submitted documents;
5) the stated requirement is not paid State fee.
2. The refusal of the application the judge shall determine in a three-day's term from the date of receipt of an application to the Court.
3. Refusal of the Declaration does not preclude the possibility of the presentation by the applicant of the claim on the same request in order lawsuit.
 
Article 143. Shortcomings in statement 1. The judge has the right to make a statement on the determination of the court order and its definition set the recoverer period of not more than three days to remedy deficiencies or payment of the State fee, if the application does not meet the requirements of article 140 of this code or not paid State fee.
2. If the plaintiff in accordance with the directions of a judge in a period of time will eliminate shortcomings, will pay the State fee, the application shall be considered filed on the day of the initial submission to the Court. Otherwise, the judge shall issue a ruling on refusal to adopt a declaration under part 2 of article 142 of this code.
 
Article 144. Procedure and period for determination on court order 1. Definition of writ essentially declared requirements imposed by a judge sitting alone within three days of receipt of an application to the Court.
2. determination of the court order is made without holding a court session and calling parties.
 
Article 145. Content determination of court order 1. Determination on court order contains: 1) production number and the date of determination;
2) name, surname and initials of the Court's judges, imposing a definition;
3) full name, place of residence or seat of the plaintiff;
4) full name, place of residence or location of the debtor;
5) an indication to the effect that the Court has not yet tested the validity of the claims brought by the applicant, since the respondent was not heard;
6) Act on the basis of which met the requirement;
7) the size of the sums exigible or designation of movable property subject to discovery, indicating its value;
8) the size of the penalty, if her recovery provided by a statute or contract;
9) the amount of the State fee to be collected from the debtor in favor of the plaintiff or the State;
10) term and appealing the court order.
2. In determining alimony for minors, in addition to the information provided for in clauses 1-5 and 8 of the first paragraph of this article, the date and place of birth of the debtor, his place of work, name and date of birth of each child, the content of which is awarded alimony, the amount of the fees and charges exacted monthly with debtor and term of their recovery.
3. determination of the court order is made on a special form, it shall be signed by the judge. Determination on court order remains in court. The debtor is made, a copy of the court order.
 
Article 146. Notification of the debtor about the determination of the court order 1. After making a determination on the court order, the judge shall forthwith send a copy of the debtor with notice of receipt.
2. the debtor may within ten days from receipt of a copy of the court order to court objections to the declared requirements, using any means of communication.
 
Article 147. Cancellation of court order definitions 1. Judge reverses ruling on court order, if within the prescribed time limit from the debtor received objections to the declared requirements, what ruling. In the definition of definition on the abolition of the court order, the judge explained that the requirement that the claimed debt-collector, may be presented in the order of the lawsuit. A copy of the determination to abolish the court order shall be communicated to the parties not later than three days after his conviction.

2. The judgement on the abolition of the determination of the appeal or court order shall not be subject to submission of sacrifices.
 
Article 148. Issuance of court order definition recoverer 1. If the deadline is not received from the debtor an objection in court, the judge gives to the recoverer determination on court order, certified by the stamp the seal of the Court, to bring it to fulfillment.
2. at the request of the plaintiff the court order definition can be sent for execution directly by the Court.
3. For collection of the State duty to the debtor in the State a copy of the court order, certified by the seal of the Court shall be addressed directly by the Court to enforce.
4. a copy of the report issued by the court order to the recoverer remains in court.
 
SUBSECTION II. HEAD of PRODUCTION of CLAIM 13. SUE Article 149. The form and content of the statement of claim 1. The statement of claim is served to the Court in writing.
2. The petition must include: 1) the name of the Court, served a statement;
2) name of the plaintiff, his place of residence or, if the plaintiff is a legal person, its location, and the name and business address of the representative, if the application is filed by the representative;
3 the respondent, his) the name of the place of residence or, if the defendant is a legal person, its location;
4) a certain indication of subject, reason to claim and specific application;
5) the circumstances in which the plaintiff is basing its claims and evidence set out by the plaintiff.
6) price of the claim if the claim is subject to evaluation;
7) list of documents annexed to the application.
3. the statement may be indicated phone numbers, fax numbers, e-mail address of the claimant, his representative, respondent, other information relevant to the consideration and determination of the case, as well as the petition of the plaintiff.
4. in the statement against a Prosecutor in the public or the public interest, must contain a justification of what specifically are their interests, what right has been violated, as well as a reference to the law or other regulatory legal act. In the case of the Prosecutor in the interests of the citizen petition must contain a justification of the reasons for the impossibility of suit yourself a citizen; the statement must be accompanied by a document certifying the consent of the citizen to appeal a claim in the Court, except in the interests of the incapacitated person.
5. The claim shall be signed by the claimant or his representative. The statement of claim, signed by the representative, must be attached (enclosed) the power of attorney or other document certifying the authority of the representative.
 
Article 150. Documents annexed to the statement of claim shall be accompanied by: 1) copies of the statements of claim in accordance with the number of defendants and third parties;
2) a document certifying payment of the State fee;
3) the power of attorney or other document certifying the authority of the representative plaintiff;
4) documents proving the circumstances on which the plaintiff bases his claim, copies of these documents to the defendants and third parties, if they have no copies;
5) deferred plaintiff, installment, exemption from payment of court costs or reduce their size to ensure claim discovery of evidence and others, if they are not set out in the statement of claim.
 
Article 151. The adoption of the statement of claim 1. Judge within three days after receipt of the statement of claim in court must consider its adoption to the production of the Court. On the application to the production of a judge shall determine, on the basis of which instituted civil proceedings before the Court of first instance.
2. the ruling on admissibility of the statement of claim to manufacture vessels do not require justification. It is not awarded to the parties and not subject to appeal.
 
Article 152. Presentation of the statement of claim and finding cases in proceedings 1. After the adoption of the statement of claim to producing the Court to the defendant shall be provided with a copy of the statement of claim.
2. service of statement of claim is the reason for finding cases in legal proceedings.
3. The finding in the proceedings against the claim during the trial begins with the presentation of the claim or from the date of delivery of the written statement that meets the requirements of article 149 of this code.
4. Finding cases in legal proceedings does not exclude the right of the parties dispose of the thing that is the subject matter of the dispute or assign presented requirement, if permitted by ensuring action.
 
Article 153. Denial of claim 1. Judge denies making the statement of claim, if: 1) the statement of claim is not subject to review in the courts;
2) the interested person to the Court, the applicant has not observed the order prior out-of-court settlement of the case established by law for this category of cases;
3) has entered into an enforceable ruling by a dispute between the same parties concerning the same subject and on the same grounds, the Court's decision or determination of the Court's repudiation of the plaintiff's claim or approving a settlement agreement of the parties;
4) Court has a case on the dispute between the same parties concerning the same subject and on the same grounds;
5) contract between the parties to refer the dispute to arbitration court permission;
6) case nepodsudno this Court;

7) statement of claim filed by the incapacitated person;
8) the statement of claim on behalf of the person concerned filed a person without authority.
2. About refusal in acceptance of the statement of claim, the judge reasoned determination, which must be within three days from the date of receipt of the statement of claim in court handed or sent to the applicant together with the claim and all attached documents to it.
3. The judge's refusal in the adoption of the statement of claim on the grounds provided for in paragraphs 2, 6, 7 and 8 of the first paragraph of this article shall not prevent the secondary treatment in court with the claim in the same case, if the breach is resolved.
4. in the definition about refusal in acceptance of the statement of claim, the judge is obliged to indicate which body should request the plaintiff, if the matter is not beyond the Court or how to eliminate obstacles to the commencement of the case.
5. On the determination of the judge to refuse acceptance of the statement of claim may be lodged by a private complaint or brought by a private presentation in the cases provided by paragraph 2 of article 9 of this code.
 
Article 154. The abandonment of the claim without the traffic 1. The judge, finding that the statement of claim shall be filed without complying with the requirements set out in articles 149 and 150 of this code, shall determine on the abandonment of the claim without the traffic, what informs the complainant and gives him a deadline to correct the deficiencies.
2. If the claimant in accordance with the directions of the judge and the deadline complies with all the requirements listed in articles 149 and 150 of this code, the claim is considered filed on the day of the initial submission to the Court. Otherwise, the claim is considered nepodannym and is returned to the plaintiff.
3. the return of the writ does not prevent repeated treatment of the plaintiff the Court besides the defendant, on the same subject and on the same grounds, should they be eliminated the violation suffered.
4. On the Court to uphold the claim without motion may be filed a private complaint or brought by a private presentation in the cases provided by paragraph 2 of article 9 of this code.
 
Article 155. Filing of counterclaim 1. The defendant is entitled to since handing him a copy of the statement of claim the plaintiff to bring a counterclaim for its joint consideration with the initial claim.
2. Submission of a counterclaim is made according to the General rules on the presentation of the claim.
3. Filing of counterclaim after completion of the preliminary court session shall be permitted only if the claimant agrees to it, or the Court considers it appropriate.
4. If the Court was competent to claim that its jurisdiction extends to the counterclaim. However, this rule does not apply if an action is bound exclusively to another court.
 
Article 156. Conditions of the counterclaim, the judge takes the counterclaim if: 1) counterclaim seeks to score the initial requirements;
2) satisfaction of the counterclaim exclude in whole or in part satisfaction of the initial claim;
3) between the counter and the original claims of a relationship, and their joint consideration will lead to more rapid and proper consideration of the disputes.
 
CHAPTER 14. ENFORCEMENT of a CLAIM Article 157. A case for a lawsuit, the Court, upon application by persons involved in the case, may take measures to ensure the claim. Enforcement of a claim shall be allowed at any stage of the proceedings, if the failure to enforce the claim may impede or make it impossible to execute the decision of the Court.
 
Article 158. Statement on securing a claim 1. The plaintiff may apply to the court hearing the case, to take action to enforce the claim.
2. The statement in the Court in writing. It should contain: 1) a concise statement of the facts on which the claim is based;
2) an indication of the reasons which justified the need to ensure the claim;
3) identification of measures which the plaintiff deems necessary to secure the claim.
3. the plaintiff must prove that the circumstances of the case which justified its claim, are mostly likely.   
 
Article 159. Protective measures 1. Measures to ensure that a claim may be: 1) seizure of property, including money, belonging to the defendant and he or others;
2) prohibition respondent to perform certain actions;
3) suspension of property in the event of a claim on his release from arrest (exclude it from inventory);
4) suspension of foreclosure by executive instrument, contested by the debtor in court.
2. Where necessary, the Court may take other protective measures, consistent with the objectives set out in article 157 of this code. Court may be allowed some species to ensure the claim, but the total amount shall not exceed the amount of the claim.
3. For infringement of the prohibition referred to in paragraph 2 of this article, the persons responsible bear the responsibility established by the Code of administrative offences. In addition, the plaintiff is entitled to recover from these persons damages caused by the failure of court bringing suit.
4. Protective measures should be commensurate with demand, claimed by the plaintiff.
 
Article 160. Replacement of some measures to bail other measures to secure a claim
 

1. According to the person involved in the case, some measures can be replaced to ensure claim other measures to secure a claim in the manner prescribed by article 161 of the criminal code.
2. When providing the claim for recovery of the sum the defendant in return for measures adopted by the Court to ensure the claim is entitled to submit to the Court the plaintiff claimed deposit amount.
 
Article 161. Consideration of the application of the provision of the statement of claim on securing a claim considered on the day of his admission in court without notice to the defendant and other persons involved in the case. A decision may be taken without a trial and to handing statements to the defendant. The adoption of measures to secure a claim, the Court shall issue a ruling.
 
Article 162. Pursuant to the definition of providing claim about providing the Definition of a claim shall be enforced immediately in accordance with the procedure established for the execution of judgements.
 
Article 163. Deprovisioning of a claim 1. Enforcement of a claim may be cancelled by the same court, at the request of the parties or on its own initiative in the event of a change of circumstances. Abolishing the securing of the suit, the Court shall issue a ruling.
2. In case of refusal of the claim admitted by the Court for the lawsuit are cancelled simultaneously with the decision or after its orders with the determination to abolish welfare lawsuit. In exceptional cases, the Court may retain the authorized court for the lawsuit, pending the entry into force of the decision into legal force.
3. If you claim the measures taken for its protection, remained valid until the execution of the Court's decision.
 
Article 164. Appeal of decisions on issues of claim 1. For all the definitions on securing a claim can be filed a private complaint.
2. If the definition of providing claim was made without notice to the person who submitted a private complaint, the deadline for filing a private complaint shall run from the date when it became known that definition.
3. the filing of a private complaint on the definition on the provision in dispute does not suspend the execution of this definition.
4. the filing of a private complaint on definition of abolishing welfare action or replacing one type of claim another suspends the enforcement of this definition.
 
Article 165. Compensation of damages caused by respondent providing claim 1. Measures to ensure the claim, the claimant must provide security for possible damages of the defendant. The Court may put interim measures dependent on bail.
2. the respondent after the entry into force of the decision, which denied the claim, the claimant is entitled to demand damages caused by him claim measures made at the request of the plaintiff.
 
CHAPTER 15. PREPARATORY MANUFACTURE of Article 166. Task of preparing the case for trial 1. After the adoption of the Declaration and the institution of a civil case the judge makes case for trial preparation with a view to ensuring timely and correct his permissions.
2. the tasks of the preparation of the case for trial, are: 1) the clarification of the factual circumstances that are important for the proper determination of the case;
2) definition of the law, which should guide the resolution of the case, and the establishment of legal relations of the parties;
3) submission of evidence by the parties, others involved in the case;
4) reconciliation of the parties.
 
Article 167. The timing and modalities for the preparation of the case for trial 1. Training of civil cases for trial shall be held before the main assignment of the court session, but not later than 20 days from the date of acceptance of the application, unless otherwise prescribed by the legislation of Turkmenistan.
2. In exceptional cases and in cases of particular complexity, except cases of alimony and maintenance, on compensation for harm caused personal injury or other impairment of health, as well as the loss of a breadwinner and the requirements arising from the employment relationship, this period may be extended up to one month on a reasoned determination of judges.
3. preparation of cases for trial is mandatory for each civil case and the judge is held with the participation of the parties and other persons involved in the case, their representatives.
 
Article 168. Definition of preparing the case for trial after the adoption of the statement, the judge shall determine the preparation of cases for trial and specifies the actions that should make parties, other persons participating in the case, and deadlines for performing these actions to ensure proper and timely consideration and resolution of cases. A copy of the determination on the preparation of the case for trial shall be served on the parties.
 
Article 169. Direction or presentation of the defendant a copy of the statement of claim and the enclosed documents 1. The Court directs or presents to the defendant a copy of the statement of claim and documents enclosed in support of the plaintiff's claim, and obliges to submit within a period of review (objection) in the statement of claim and evidence substantiating his recall (objections).
2. Respondent recall (objections) and evidence does not preclude consideration of the evidence in the case.
 
Article 170. Review (objection) the statement of claim
 

1. The defendant submits to the Court review (objection) in the statement of claim with the application documents, which confirm the objections to the claim, as well as documents, which confirm the dispatch of copies of reviews and the annexed documents to the claimant and other persons participating in the case.
2. Review (objection) is submitted to the Court and copies to the persons participating in the case, the period of time set by the Tribunal, which provides an opportunity to review them prior to the trial.
3. Written review (objection) in the statement of claim shall be entitled to deliver and other persons participating in the case.
4. Review (objection) shall contain the following: 1) the name of the plaintiff, his place of residence or location;
2 the respondent) the name of its location; If the defendant is a citizen, his place of residence;
3) objections on the merits of the stated requirements with reference to evidence justifying the objection;
4) list of documents annexed to recall (objection).
The review (objection) can be indicated phone numbers, fax numbers, e-mail addresses, and other information necessary for the proper and timely consideration of the case.
5. Review (objection) shall be signed by the defendant or his representative. To withdraw (objection), signed by the representative, attached power of attorney or other document confirming his powers.
 
Article 171. The judge in preparing cases for trial in preparation case for trial with taking into account the circumstances of the case, the judge performs the following steps: 1) resolves the question of connection and separation of claims;
2) takes measures on the conclusion of a settlement agreement by the parties and explain to the parties their right to apply for resolution of dispute in the Arbitration Court and the consequences of such action;
3) allows the question of calling witnesses in the hearing;
4) allows taking into account the views of persons participating in the case, the question of expertise and assigns expertise and expert for her and resolves the issue of engaging a specialist translator in the process;
5) at the request of the parties and other persons involved in the case, their representatives from organizations or citizens seeking evidence which the parties or their representatives may not get yourself;
6) in the cases not Brooking holds with the notice of persons involved in the case, the examination on the spot written and exhibits;
7) sends letters rogatory;
8) takes measures to secure a claim on the application of the plaintiff;
9) in the cases provided by article 173 of the present Code, authorizes the issue of a preliminary court hearing, his time and place;
10) performs other necessary legal proceedings.
 
Article 172. Connection and separation of multiple claims 1. The plaintiff may join in one statement of claim several requirements connected among themselves.
2. The judge accepts the statement of claim is entitled to allocate from connected one or more requirements, if separate consideration recognizes the requirements more accurately.
3. If several claimants or claims to multiple defendants, the judge receives a statement of claim is entitled to select one or more of the requirements, if separate consideration recognizes the requirements more accurately.
4. you can join only those claims that relate to one type of production.
5. The judge, finding that this Court has multiple homogeneous cases involving the same parties or several cases of claims one plaintiff to different defendants or plaintiffs against the same defendant is entitled to combine these cases into a single production for joint consideration if it acknowledges that such a merger would be appropriate.
6. When connecting the claim for consideration that have short and general terms, general terms apply.
7. When connecting multiple claims for their joint consideration in one production period of claim proceedings, as provided for in this code, shall be calculated from the date of receipt of the last court statement of claim.
 
Article 173. Preliminary hearing 1. The Court may appoint a preliminary hearing if this is appropriate.
2. A preliminary hearing is allowed, in particular: 1) if the parties need to discuss numerous issues that require clarification;
2) if it is anticipated that the Protocol should be entered advanced explanations of the parties;
3) if parties for further preparation of the case should be given extended explanations.
3. the period between the handing of the call, and the preliminary trial shall not be less than seven days. It can be shortened to three days.
4. A preliminary hearing is conducted in accordance with relevant articles of Chapter 16 of the present code.
The judge shall take all the measures necessary for the preparation of the main trial.
5. In the circumstances referred to in articles 254, 255, 259, 261 of this code, the proceedings on the case in the preliminary hearing may be suspended or terminated, and the statement is left without consideration.
For suspension, termination of proceedings, abandonment of statements without considering the ruling of the Court. On the determination of the Court may be lodged by a private complaint.

6. When you have the prerequisites stipulated by law, the judge may consider the case on its merits and make a default judgment, a decision on the recognition of the claim unless evidence is required.
7. On the preliminary hearing held shall be drawn up in accordance with articles 268 and 269nastoâŝego code.
 
Article 174. The appointment of a case for trial 1. The judge, acknowledging case prepared, appoints the time and venue of the main trial and shall determine the appointment of cases for trial in court.
2. the Court shall notify the parties and other persons involved in a case about the time and place for the consideration of the case, causing the other participants in the process.
 
CHAPTER 16. TRIAL Article 175. Deadlines for the consideration and resolution of civil cases 1. Civil cases are dealt with and resolved by the Court in no more than two months from the date of receipt of an application to the Court.
The case of alimony exaction, for compensation for harm caused personal injury or other impairment of health, as well as for loss of the breadwinner, and according to the requirements arising from labour disputes are dealt with and resolved by the Court of first instance not later than one month from the receipt of an application to the Court.
2. For certain categories of civil cases may be provided by other terms.
3. If the grounds or to the subject matter of the claim, the claim size increases during the term of consideration of the case provided for in the present Code, begins from the day of the procedure.
 
Article 176. The main trial Hearing the civil case occurs mostly hearing with obligatory notification of persons involved in a case about the time and place of the meeting.
 
Article 177. The presiding judge in the main hearing 1. In the main hearing the judge performs the chairmanship. The presiding officer shall direct the trial, providing a comprehensive, complete and objective clarification of all the circumstances of the case, the rights and obligations of the parties, removing from the proceedings everything not pertinent to the present case.
2. If any of the participants in the proceedings regarding the action of the judge presiding over these objections shall be entered in the minutes of the court session. The presiding judge gives clarification on their actions.
3. The presiding officer shall take the necessary measures to ensure the proper order in the Court. Orders of the presiding officer are mandatory for all participants, as well as for citizens, present in the courtroom.
 
Article 178. The immediacy and oral trial 1. The Court of first instance in a case must study the evidence directly on the case: to hear explanations of persons involved in the case, witness testimony, expert opinion, to familiarize themselves with the written evidence, examine the physical evidence.
2. Hearing takes place orally. In case of replacement of judges in the process of examining the case hearing must be made from the outset.
 
Article 179. The duty of the Court in giving explanations and promote the proceedings 1. The Court should consider the situation of the case and the circumstances of the dispute with the parties with the actual and legal side. It ensures that the rights and interests of the parties were not affected. The Court should ensure that the parties fully argued about all important facts relevant to the decision of legal dispute, have disputed the allegations of evidence in case of necessity submitted additional evidence and filed an appropriate application.
2. the Court should pay attention to the doubts relating to procedural proposals. If it is noticed that one of the parties has missed an important position from a legal point of view, the Court must specify side at this position and give her a chance to speak.
 
Article 180. The personal involvement of the parties 1. The Court disposes of the personal participation of the parties, if it is deemed appropriate to ascertain the circumstances of the case. If the party cannot require the personal participation in the process for reasons long distance or other good cause, the Court refrains from his order.
2. If there is an order for personal appearance in the Court, a party must appear in court, even if she's appointed representative.
 
Article 181. The duty of parties to testify and tell the truth, the Parties shall specify the facts necessary to substantiate its declarations, completely and truthfully. They must give complete and truthful testimony concerning the facts alleged by the opposite side.
 
Article 182. The order mainly hearing 1. Upon entering the court room the judges all present stand. Announcement of the decision of the Court, as well as the announcement by the ruling, which ends the case without deciding, everyone in the courtroom listened to a standing ovation.
2. The participants are treated to a judge, give their evidence and explanations. Deviation from this rule may be allowed only with the permission of the presiding officer.
3. the trial takes place in an environment which fosters the proper order in a court session and security actors.

4. Proper order in a court session shall not prevent the persons present in the courtroom and allowed court photography and video recording, broadcast the trial of radio broadcasting and television. These actions should be carried out on the ground by the Court in the meeting room and taking into account the views of persons participating in the case as well as may be limited by the Court at the time.
5. the participants in the process and all those present in the courtroom, citizens are obliged to observe the established order in a court session.
 
Article 183. Measures against violators of the order in a court session 1. A person who violates the order during a hearing, the presiding officer on behalf of the Court makes a warning.
2. for violation of the order of the person involved in the case, representatives, witnesses, experts, specialists, interpreters can be removed from the courtroom of the Court and the citizens present at the hearing, the presiding Member.
3. Contempt of court through insubordination to plaintiff or defendant or their representatives, witnesses, and other citizens, present in the courtroom, presiding, for violating the order during the trial, as well as acts indicating a clear disregard of the Court or in the Court rules, the Court has the right to bring the perpetrators to justice, established by the Code of administrative offences.
4. In case of violation of the order in a court session by the parties or third parties, the court defers hearing either removes offenders from the courtroom for the duration of the proceedings or a part of it. In the latter case presiding person approved again introduces in the courtroom, with proceedings relating in his absence.
 
Article 184. Trial limits the Court examines the case only within the stated claim. In appropriate cases, the trial judge must explain to the complainant of his right to declare additional requirements.
 
Article 185. The opening keynote at the scheduled court hearing for trial time presiding opens the main hearing and announces what civil case to be reviewed.
 
Article 186. Check the appearance of the participants in the proceedings 1. The clerk reports to the Court who caused in this case was whether the notified persons neâvivšiesâ person and what information is available about the reasons for their absence.
2. The presiding officer shall establish the identity of the actors came, checks the powers of the officials, their representatives.
 
Article 187. Explanation of the translator of his duties 1. The presiding officer explained to the translator to translate its explanations, depositions, statements of persons who do not speak the language in which the proceedings are conducted, and these individuals-content explanation, testimony, statements, Petitions, persons involved in the case, witnesses and disclosure documents, audio recordings, expert opinions, consultations (explanations) professionals, as well as orders of the presiding judge, ruling or decision of the Court.
2. The presiding judge shall warn an interpreter on criminal liability for knowingly false translation, and its subscription about this is attached to the Protocol of the trial.
 
Article 188. Removing witnesses from the courtroom witnesses Appearing before their interrogation is removed from the courtroom. The presiding officer shall take measures to ensure that witnesses interrogated in court, not talked to nedoprošennymi witnesses.
 
Article 189. The announcement of the composition of the Court and an explanation of rights to his rejection and withdrawal 1. The presiding officer announces the composition of the Court, reports who participates as a clerk, expert, specialist, interpreter, and clarifies the persons participating in the case, their right to claim EU and bends.
2. reasons for withdrawals and taps, their permissions and the effects of such declarations are defined by articles 26-31 of the present code.
 
Article 190. Explanation of the persons participating in the case, their rights and duties Presiding clarifies the persons participating in the case their procedural rights and obligations, as well as explain to the parties their right to enter into the settlement agreement or seek resolution of dispute in the Arbitration Court and the consequences of such action.
 
Article 191. Resolution of court petitions of persons involved in the Motion of persons involved in the case, on matters related to proceedings are resolved based on the definitions of the Court, after hearing the views of others involved in the case.
 
Article 192. Consequences of failure to appear at the hearing of persons participating in case 1. Persons involved in the case must tell the Court about the reasons for the failure to appear and present evidence are those reasons.
2. In case of non-appearance in court any of the persons involved in a case for which there is no information on their notice, the Court shall adjourn the hearing.
If anyone involved in the case are informed about the time and place of the court session, the court defers hearing in case of recognition of the reasons for their failure to appear legitimate.

3. the Court is entitled to consider the matter in case of failure of any of the persons involved in the case and the parts about the time and place of the court session, if they do not provide information on the reasons for non-appearance or court recognizes the reasons for their failure to appear disrespectful.
4. the Court is entitled to consider the case in the absence of the defendant, izveŝënnogo about the time and place of the court session, if he had not told the Court about good reasons for failure to appear and not asked to consider the case in his absence.
5. the parties, in writing and presented their positions, have a right to ask the Court for the case in their absence and its copies of the Court's decision. The Court may accept the compulsory participation of parties in court, if necessary, on the circumstances of the case.
6. the Court may postpone the hearing at the request of the parties in connection with the absence of their representative for a good reason.
 
Article 193.  Consequences of failure to appear at the hearing of witnesses, experts, specialists, interpreters and 1. In case of non-appearance in a court hearing witnesses, experts, specialists and translators the court listens to the views of those involved in the case, the possibility of examining the case in the absence of witnesses, experts, specialists, interpreters and shall determine the continuation of the trial or deposition.
2. If a witness does not appear called in trial reasons recognized by a court to be unreasonable, it shall be the responsibility established by the Code of administrative offences.
 
Article 194. The deposition proceeding 1. The deposition proceeding allowed in cases stipulated by the given code, as well as in the case, if the Court finds it impossible to review the case in the hearing due to the non-appearance of any of the participants in the proceedings, presentation of the counterclaim, the need for or recovery of additional evidence, the involvement of the other persons, other legal proceedings.
2. When deposition hearing date is assigned a new trial with taking into account the time needed to call the actors or discovery of the evidence, as were persons declared under the signature. Neâvivšiesâ face and again engaged in the process of a person informed about the time and place of a new trial.
3. Hearing after his deposition from the beginning.
 
Article 195. The questioning of the witness at the deposition proceedings with the deposition proceeding the Court may interrogate witnesses came, if the parties are present at the court hearing. Secondary call these witnesses in the new trial is permitted only in case of need.
 
Article 196. Explanation of the expert and a specialist of their rights and duties Presiding explains expert and specialist in their rights and duties, as well as expert warns of criminal responsibility for obviously falsified findings, as he takes the subscription, which is attached to the Protocol of the trial.
 
Article 197. The beginning of the consideration of the merits of the case Consideration of the merits of the case begins report presiding. Then the presiding officer in accordance with article 179 of the present code is discussing the situation with the parties of the case and a dispute with the actual and legal side.
 
Article 198. Explanations of persons participating in case 1. After discussion with the parties of the case and the provisions of the dispute with the actual and legal parties the Court shall hear the explanations of the plaintiff and at his side a third person, the respondent and engaged on his side of the third person, as well as others involved in the case. The Prosecutor, as well as the authorized bodies of State administration in court for the protection of the rights and interests of other persons, give explanations first. Persons participating in case shall have the right to ask each other questions.
2. Written explanations of persons involved in the case, as well as the explanations received by the Court in the manner prescribed by articles 52 and 54 of this code shall be announced by the presiding officer.
3. Having heard the explanations of persons involved in the case, the Court shall ascertain whether the plaintiff claims, whether the defendant admits plaintiff's claim and unwilling parties to finish the deal by the conclusion of a settlement agreement or to refer the case to the Arbitration Court.
 
Article 199.  Denial of the claim of the plaintiff, the defendant and claim recognition of the settlement agreement parties 1. Plaintiff's claim of denial of the claim, the claim of the respondent or the terms of acceptance of a settlement agreement by the parties, unless they are declared orally shall be entered in the minutes of the court session and signed by the plaintiff or the respondent, respectively, by the parties. If the plaintiff's refusal of the claim, the claim of the respondent or the recognition of a settlement of the parties expressed in the recommendations addressed to the Court written statements, these statements are attached to the case, as stated in the Protocol of the trial.
2. the Court explained to the complainant, respondent or the parties the consequences of a refusal of the plaintiff from suing or approval of a settlement agreement by the parties.
3. The plaintiff's claim of repudiation or approval of the agreement of the parties, the Court shall determine, which simultaneously stops the proceedings on the case. In the definition should describe the conditions of the agreement of the parties, approved by the Court.
4. If a party to proceedings wholly or partly acknowledges presented to her claim, the Court shall decide in accordance with its recognition.

5. In the event of failure by the Court of the plaintiff's refusal of the claim, the claim of the respondent or recognition is not a settlement agreement of the parties the Court shall on this definition and continues the examination of the merits of the case.
 
Article 200. Establishment of the procedure of examination of evidence the court taking into account the views of persons participating in the case establishes the order of examination of evidence.
 
Article 201. Witnesses questioned each witness separately. Witnesses testified before not, may not be in the courtroom during the trial. Cross-examined the witness remained in the courtroom until the end of the proceedings if the Court does not allow him to retire early.
 
Article 202. Warning the witness on liability for refusal to give testimony or perjury 1. Before the cross-examination of a witness, the presiding officer shall establish the identity of the witness, explained to him the rights and obligations of a witness and warns him about the criminal liability for refusal to give testimony or for knowingly giving false testimony, as he selects a subscription that is attached to the Protocol of the trial.
2. witnesses under the age of sixteen, the presiding officer explained the duty truthfully tell everything known to them in the case, but they are not warned about responsibility for refusal to testify or giving knowingly false testimony.
 
Article 203. The order of questioning of witnesses 1. The presiding judge shall ascertain the relevant witness to persons participating in the case and suggested the witness to tell the Court everything he personally knows of a case.
2. Thereafter, the witness may be asked. The first asks the questions, according to which a person is called a witness, and his representative, followed by others involved in the case and representatives, as well as, with the leave of the Court, an expert on issues related to the subject of examination.
3. If necessary, the Court may interrogate the witness again in the same or the next court session, as well as witnesses to clarify inconsistencies in their testimony.
4. Presiding resolves issues not relevant to the case. Leading questions are permitted. The judge may ask questions of the witness at any point in his interrogation.
 
Article 204.  Use written notes and witness documents 1. When the testimony of the witness may use written notes in cases where the evidence associated with any digital or other data, which are difficult to keep in memory. These notes are brought to justice and persons participating in the case and may be admitted into evidence by the Court.
2. The witness is allowed to read existing documents relating to this they demonstrate that these documents are Court and persons participating in the case, and the Court can be admitted into evidence.
 
Article 205. The questioning of minor witnesses 1. During the interrogation of witnesses under the age of fourteen years, and at the discretion of the Court and during the interrogation of witnesses aged Fourteen to sixteen years of age is called the teacher. In case of need, called their parents, adoptive parents, tutors or guardians. These persons may, with the approval of the presiding judge, ask the witness questions as well as give its opinion concerning the identity of the witness and the content of their testimony.
2. In exceptional cases, when it is necessary to establish the truth, at the time of the questioning of minor witnesses from the courtroom by a court may be removed by a person involved in the case. After the return of the person to the court room he must be informed of a minor witness testimony and given the opportunity to ask the witness questions.
3. a witness under the age of sixteen years, at the end of his interrogation is removed from the courtroom, except in cases when the Court recognizes that it is necessary the presence of the witness in the courtroom.
 
Article 206. Testimony of witnesses witness statements collected in the manner provided for in articles 52, 54, part 3 of article 61 and article 195 of this code shall be announced at the court hearing, after which a person involved in the case, has the right to give explanations on them.
 
Article 207. Study written evidence written evidence or records of their inspection, in the manner prescribed by articles 52, 54 and article 171, paragraph 6 of the present Code shall be announced at the trial and prosecuted persons participating in the case, representatives of and, if necessary, experts, professionals and witnesses. After that, the persons involved in a case can give their explanations.
 
Article 208. Disclosure of personal correspondence and telegraphic communications of citizens in order to protect the secrecy of correspondence and telegraphic communications personal correspondence and personal telegraph messages could be read out in open court only with the consent of persons, among whom this correspondence and telegraphic messages occur. Without the consent of these persons of their correspondence and telegraphic communications shall be announced and explores in a closed court session.
 
Article 209. Statement on the murder of document 1. In the case of allegations that the document is forged, the person submitting the document, may ask the Court to exclude it from the evidence and resolve the case based on other evidence.
2. in order to verify the allegations of murder of the document, the Court may order examination or to seek other evidence.

3. If the Court comes to the conclusion murder document, it eliminates it from evidence.
4. If the person who had submitted the evidence found to be false, there is evidence of a crime, the judge sends materials to address the question of criminal proceedings to the relevant body of inquiry or pre-trial investigation, with notice to the prosecutor about it.
 
Article 210. Study of evidence 1. The evidence examined by the Court and prosecuted persons participating in the case, representatives of and, if necessary, are also experts, professionals and witnesses. Persons who presented evidence, may draw the attention of the Court on those or other circumstances related to the inspection. These applications shall be entered in the minutes of the court session.
2. the minutes of the examination of evidence compiled in the manner provided for in articles 54, 56 and article 171, paragraph 6 of the present Code shall be announced at the court hearing, after which a person involved in the case, may give explanations.
 
Article 211. Inspection on site 1. Material and written evidence which cannot be brought to court, inspected and investigated for their location. About the production of on-site inspection, the Court shall issue a ruling.
2. Notice of the time and place of the examination are to be informed of the person involved in the case, and their representatives, but their absence does not preclude production of inspection. Where necessary, also called experts, professionals and witnesses.
3. the results of the inspection shall be entered in the minutes of the court session. The Protocol can be accompanied or checked at survey drawn up plans, diagrams, drawings, calculations, copies of documents, as well as videos, photos, written and physical evidence taken during the inspection.
 
Article 212. Play an audio or video recording and its study 1. When playing audio or video containing information of a personal nature, as well as in her study applied the rules provided by article 208 of this code.
2. playing audio or video recording is carried out in the courtroom or other specially equipped premises for this purpose, together with an indication of the trial protocol signs fertile sources of evidence and playback time. The Court shall hear the explanations of the persons involved in the case. When you need to play audio or video may be reproduced in whole or in any part.
3. In order to clarify the information contained in the audio or video, may be brought in court. Where necessary, the Court may appoint an examination.
 
Article 213. Interrogation experts 1. The opinion of the expert is disclosed in a court session. In order to clarify and supplement the conclusion of expert questions may be asked.
2. the first sets of questions, according to which a person appointed as an expert, and his representative, followed by others involved in the case, and their representatives. The expert entrusted with manufacturing expertise, appointed by the Court, first asked the claimant and his representative. The judge may ask questions of the expert questioning at any time.
 
Article 214. Additional and re-reviewing 1. In cases of lack of clarity or incompleteness of the conclusions of the expert, the Court may appoint an additional examination.
2. In case of disagreement with the expert conclusion on grounds unfounded, as well as in the event of any conflict between the opinions of several experts, the Court may appoint a reexamination, instructing her holding another expert or experts.
3. production of additional or repeated examination is carried out according to the rules established by articles 73-78 of the present code.
 
Article 215. Consultation (explanation) specialist 1. In cases that do not require special studies, specialist gives advice to the Court (explanation) orally or in writing.
Expert advice, this is fixed in writing in the form of an annex to the Protocol of the court hearing (the corresponding procedural act) and is disclosed in a court session. Oral consultation is entered directly in the court records (action).
2. In order to clarify and supplement specialist advice can be asked questions. The first asks the questions, according to a person who was brought in a specialist, and his representative, and then the other person involved in the case, and their representatives. Specialist, privlečënnomu Court, first asked the claimant and his representative. The Court has the right to ask questions to a specialist at any time.
 
Article 216. The end of the consideration of the merits of the case after investigating all the evidence, the presiding judge shall ascertain the persons involved in the case, and their representatives, not whether they wish something to supplement the materials of the case. In the absence of such applications, the presiding officer announces the examination of the merits of the case and terminated the Court goes to the judicial debate.
 
Article 217. Judicial debate 1. Judicial debate consists of speeches of persons involved in the case, and their representatives.
2. first serve the claimant and his representative, then the respondent and its representative. A third party claiming separate requirements for dispute has already initiated the process, and his representative acted after parties. A third person, not asserting a separate requirement on the subject of the dispute, and his representative speak after the plaintiff or defendant, of which a third person involved in the case.

3. the Prosecutor, as well as officials of the public administration in court for the protection of the rights and legitimate interests of other persons, were in court debates.
 
Article 218. Replica after speeches by all persons involved in the case, their representatives they may make remarks in connection with said. The right to the last replica is always owned by the defendant, his representative.
 
Article 219. Reopening of the consideration of the merits 1. Participants in the deliberations may not be invoked in their statements on the circumstances which were not, as well as on evidence that was not explored at the trial.
2. If the Court during court debate recognizes the need for figuring new facts relevant to the case or study new evidence, it shall determine on the reopening of the consideration of the merits of the case. At the end of the consideration of the merits of the judicial debate comes in a general way.
 
Article 220. The removal of the Court to adjudicate After the deliberations, the Court removed the deliberation room to decide, as the presiding officer announces to the audience in the courtroom.
 
Article 221. Announcement of the decision of the Court 1. After making and signing the Court returns to the courtroom, where the presiding officer announces the decision of the Court. Then the presiding judge verbally explained the content of the decision of the Court, order and duration of his appeal.
2. Then presiding must explain when a person involved in the case, their representatives may familiarize themselves with the decision of the Court and get a copy of it.
3. After the Commission of the actions under paragraphs 1 and 2 of this article, the presiding judge shall declare the hearing closed.
 
CHAPTER 17. The ABSENCE of the parties (JUDGMENT in ABSENTIA) article 222. The absence of the plaintiff if the plaintiff fails to appear at the preliminary and (or) the main hearing without good cause, the Court ruling in absentia (definition) the claim is left without consideration.
 
Article 223. Defendant 1. If a defendant fails to appear at the main hearing without good reason, then the plaintiff's arguments about the factual circumstances of the case are considered accepted.
2. If the plaintiff's arguments to justify the claim, according to the plaintiff claim is upheld in absentia by a court ruling (decision). Otherwise, the claim is denied.
 
Article 224.  The failure of the parties in case of failure of the plaintiff and defendant in court without good reason, distance judgement (by definition) a claim is left without consideration.
 
Article 225. The non-participation of the attendees at the hearing By the party, which was considered at the hearing, but made no statement on the case.
 
Article 226. Inadmissibility of judgement in absentia 1. The imposition of a judgement in absentia is not valid: 1) if neâvivšaâsâ party was caused by improperly, in particular late;
2) if neâvivšaâsâ party lacked a fairly good reason or if it is obvious that the reason for the no-show became natural phenomena or other unavoidable cases;
3) if by the side of late have been communicated legally significant factual allegations.
2. in the cases contemplated in paragraph 1 of this article, the case was postponed to another time in accordance with article 194 of this code.
 
Article 227. Complaint of distance judgement 1. The party against which a judgement in absentia, may appeal against a judgement in absentia.
2. The complaint is submitted in writing to the Court, which adopted a judgement in absentia.
3. The complaint must contain: 1) the exact name of the contested order;
2) explanation, how much should be changed the judgement.
4. the complaint may be filed within ten days. The deadline for filing a complaint begins at the moment of awarding the Court decision but not later than three months from the date of its issuance.
 
Article 228. Verification of complaints 1. The Court, on its own initiative, shall check the validity of the complaint, filed in accordance with the requirements of the law. If there is no prerequisite for admissibility, the complaint is rejected.
2. the decision of this question may be taken without a meeting of the Court, through its definitions. The decision of the Court on the refusal of accepting a complaint on distance judgement may be lodged by a private complaint of Cassation.
 
Article 229. Consequences of admissibility of complaints 1. If the complaint is admissible and the Court acknowledges the complaint justified, he shall issue a ruling on the complaint and the reopening of the consideration of the merits of the case.
The Court shall appoint a time and place of the proceedings on the complaint and on the merits of the case and the parties must be notified.
2. the Court may temporarily suspend the immediate execution of a judgment in absentia and cancel measures already taken by the Executive. The Court may put the suspension of execution and the abolition of the executive measures, as well as the resumption of execution dependent on bail. The judgement may be taken without a meeting of the Court.
 
Article 230. A new solution of the matter
 

1. If the Court ruling (decision) to be taken as a result of new Court coincides with absentee ruling (decision), it is the new ruling (decision) is left in place. Otherwise distance judgement (the decision) in the new judicial ruling (decision).
2. Costs arising from the non-appearance of the neâvivšuûsâ side, even if it is as a result of complaints fully or partially wins the lawsuit.
 
Article 231. The second distance judgement 1. The party bringing the complaint, but not at a scheduled hearing was, or not making statements on the main subject of the dispute, does not have the right of private complaint to the Court of cassation instance court ruling on correspondence which is rejected her complaint.
2. the second Appeal judgement in absentia is permissible only if the prerequisites stipulated by article 344 of the present code.
 
CHAPTER 18. The DECISION of the COURT Article 232. Judgment 1. Judgement of the Court of first instance, which deal essentially allowed accepted name of Turkmenistan and in the form of a decision.
2. the decision of the Court shall be made in the retiring room. The presence of other persons in the retiring room is not allowed.
 
Article 233. The legality and validity of the decisions of the Court 1. The decision of the Court should be lawful and justified.
2. the Court bases the decision only on evidence that had been tested in court.
 
Article 234. Issues resolved in the decision of the Court 1. In reaching its decision, the court assesses the evidence, determines what circumstances relevant to the case, and any installed not installed, what law should be applied in this case and whether a lawsuit.
2. the court resolves the case within the claimed the plaintiff claims. However, with the consent of the plaintiff, the Court may go beyond its stated requirements, if it recognizes necessary to protect his rights, freedoms and interests protected by law, as well as in other cases stipulated by the legislation of Turkmenistan.
3. the Court, recognizing the necessary clarification of new facts relevant to the case, or to study new evidence, shall determine for the reopening of the consideration of the merits of the case. After the end of the consideration of the merits, the Court again hears the judicial debate.
 
Article 235. Drawing up a reasoned decision of the Court the Court decision was adopted immediately after the hearing. Drawing up a reasoned decision of the Court may be delayed for a period of not more than three days from the end of the proceedings, but this part of the decision, the Court must declare in the same trial, which ended with the trial. The Ordinance declared part of the Court's decision must be signed by the judge and is attached to the case.
 
Article 236. Summary of decisions of the Court 1. The decision of the Court set out the judge in writing.
2. the decision of the Court shall be signed by the judge. Corrections made to the decision of the Court, must be certified by the signature of the judge.
 
Article 237. The content of the decision of the Court 1. The solution consists of an introduction, descriptive, motivational and conclusive parts.
2. In the chapeau of the decision shall specify the time and place of rendering of arbitral award, name of the Court took the decision, judge, clerk of the Court, the parties and other persons involved in the case, and their representatives, as well as the subject of the dispute or the stated requirement.
3. the narrative of the solution should contain an indication of the plaintiff's claim, the defendant's objections and explanations of others involved in the case.
4. In the preamble to decision should be indicated: 1) the circumstances of the case, fixed by the Court;
2) the evidence on which the Court's conclusions are based on the circumstances of the case;
3) arguments, the Court rejected those or other evidence;
4) laws which guided the Court.
In the case of recognition of a claim by the defendant in the reasoning of the Court's decision can only be specified for recognition and acceptance of the claim by the Court.
In case of refusal of the claim in relation to the recognition of valid reasons for the lapse of a limitation period or duration of recourse to the Court in the reasoning of the Court's decision the Court referred only to the circumstances.
5. When imposing a default judgement there is no need for descriptive and reasoning. The decision is referred to as correspondence.
6. the Operative part of the decision must contain the Court's conclusion about the lawsuit or to deny the claim in whole or in part, specifying the allocation of court costs, an indication of the terms and procedure of appeal against the decision.
In operative decisions in cases of dissolution of marriage shall be determined amount payable by one or both spouses during divorce registration.
 
Article 238. Determine the order and term of execution of court decisions, enforcement of court decisions in cases where the Court finds a certain procedure and period for execution of the decision or when the decision is immediately enforceable, or where the Court allows for immediate execution, or when the Court shall take measures to ensure its implementation, referred to in the operative part of the decision.
 
Article 239. The Court's decision on recovery of sums, the Court, in deciding on the recovery of amounts indicated in operative decisions in figures and words the size of the payable sum and currency.
 
Article 240. The Court's decision on the award of the property or its value
 

The awarding of property, the Court shall indicate in the decision of the value of the property, which should be charged to the respondent, if the decision of the prisuždënnogo property is not available.
 
Article 241. The Court's decision requiring the defendant to commit certain actions 1. In reaching the decision, binding the respondent to commit certain acts which do not involve a transfer of property or sums of money, in the same decision, the Court may specify that if a defendant will not perform a decision within the prescribed period, the claimant is entitled to perform these actions at the expense of the defendant, with the subsequent recovering with the necessary costs.
2. If such acts could be committed only by the defendant, the Court shall set out in decision time limit within which the decision must be enforced.
 
Article 242. The Court's decision in favor of several plaintiffs or against several defendants 1. When making a decision in favor of several plaintiffs, the Court specifies in what proportion it belongs to each of them, or specifies that the right to recovery is collective.
2. When deciding against several defendants, the Court specifies in what percentage each of the respondents must comply with the decision, or indicates that their liability is joint and several.
 
Article 243. Correction of clerical and obvious arithmetic errors in judgement 1. After the announcement of the judgement in the Court that rendered the decision shall not have the right to cancel or change it himself.
2. the Court may, on its own initiative or on the application of the persons involved in the case, correct the mistakes in addressing clerical errors or obvious arithmetic errors. Question for corrections are allowed in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of correction.
3. The decision of the Court on the amendment of the decision can be made private or complaint brought by a private presentation.
 
Article 244. The additional decision of the Court 1. The Court handed down a decision on the case, may, upon application by persons involved in the case, or on its own initiative, make an additional award in cases of: 1) If for any of the claims on which the persons involved in a case presented evidence and gave no explanation for the decision;
2) if the Court, allowing the issue of the law did not specify the size of the prisuždënnoj amount of assets to be transferred, or actions, which must commit the respondent;
3) if the Court is not resolved the question of judicial expenses.
2. the issue of an additional judgment may be brought within ten days from the date of issuance of the decision. To consider an additional judgment the Court shall notify the persons involved in the case.
3. The decision of the Court on the refusal of an additional judgment may be filed a private complaint.
 
Article 245. Clarification of the Court's decision 1. In case of ambiguity the Court decision, which considered the case, may, upon application by persons involved in the case, to explain the decision, without changing its content. Clarification of decision is allowed, if it is not enforced and not expired time period within which a decision may be enforceable.
2. the question of explaining the decision allowed in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of the question of explaining the decision.
3. In the determination of the Court on the issue of clarifying the decisions can be filed a private complaint.
 
Article 246. Installment deferment of execution of the decision, changing the way and order of execution of the decision of the Court 1. The court hearing the case may, upon application by persons involved in the case, on the basis of the economic situation of the parties or other circumstances, defer or spread out execution, as well as change the way and procedure of its execution.
2. the statements referred to in paragraph 1 of this article shall be dealt with in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration and resolution of the question put to the Court.
3. The decision of the Court on the question of deferral or payment in instalments of execution, as well as about a change in the way and order its execution can be filed a private complaint.
 
Article 247. Indexing awarded sums of 1. On the application of the plaintiff or of the debtor, the court hearing the case may produce indexing of recovered sums to court the day of execution of the decision of the Court.
2. the application is dealt with in court. Persons participating in case shall be informed about the time and place of the court session, but their absence does not constitute an obstacle to the settlement of the question of indexation of amounts received.
3. The decision of the Court on the indexation of amounts received may be filed a private complaint.
 
Article 248. The entry of the Court decision into legal force 1. The Court decision into legal force upon expiry of the term for cassation appeal and make representations of Cassation, if it was not appealed or representation has been made. In the case of the cassation complaint or cassation submission solution if it is not cancelled, enters into force following consideration of the case by a higher court, and the decision and the definition of the Supreme Court of Turkmenistan, postanovlennoe as a Court of first instance enters into force, if it is not cancelled in case the Presidium of the Supreme Court of Turkmenistan.

2. After the entry into force of the Court decision into legal force the parties and other persons involved in the case, as well as their successors may not again claim in court the same claim on the same basis as well as to challenge in another process facts and legal relationships established by the Court.
3. If, after the entry into force of the decision by which the defendant awarded periodic payments, changing circumstances affecting the determination of the amount of the payments or their duration, either party may by the presentation of a new suit to require changing the size and timing of payments.
 
Article 249. Pursuant to the decision of the Court 1. The Court's decision is executed after its entry into force, except where it is subject to immediate execution.
2. the decision of the Court in civil cases is executed in the manner prescribed by the legislation of Turkmenistan on enforcement proceedings.
 
Article 250. The Court's decision, subject to immediate execution shall be immediately enforceable court decision: 1) alimony;
2) on payment of employee wages, but not more than one month;
3) reinstatement;
4) on compensation for harm caused personal injury or other impairment of health, as well as the survivor's pension, but by not more than one month.
 
Article 251. The right of the Court to allow the immediate execution of decisions 1. The Court may, at the request of the plaintiff to allow immediate enforcement of the decision, in whole or in part, if, as a result of special circumstances, slowing its execution can cause significant damage to the plaintiff or execution may be possible. Assuming the immediate enforcement of the decision the Court may require the plaintiff to ensure rotation of his performance in the event of cancellation of the decision of the Court. The question of the immediate execution of the Court's decision could be considered simultaneously with the adoption of the decision of the Court.
2. If the question of approval of immediate execution of the Court's decision was not allowed when making a decision, it is permitted in court. Persons participating in case shall be informed about the time and place of the court session, but their absence does not constitute an obstacle to the settlement of the question of the immediate execution of the Court's decision.
3. In the determination of the Court for the immediate enforcement of the decision of the Court may be filed a private complaint. Filing a private complaint on defining the immediate execution of the judgment of the Court shall not suspend the execution of this definition.
 
Article 252. Enforcement of the decision of the Court the Court may enforce decisions without facing with immediate effect, according to the rules established by chapter 14 of this code.
 
Article 253. Presentation of persons participating in the case, copies of court decisions to the parties and other persons participating in the case, a copy of the decision of the Court shall be handed in no later than in three-day term from the date of adoption of the decision of the Court in the final form.
 
CHAPTER 19. SUSPENSION of PROCEEDINGS Article 254. The duty of the Court to suspend the proceedings on the case, the Court is obliged to suspend the proceedings in the case of: 1) the death of a citizen, if the disputed legal relationship permits legal succession, or reorganization of a legal entity that is party to the case;
2) recognition hand incapable or absence of the legal representative of a person recognized as incapable;
3 the respondent) in combat, perform the tasks in a State of emergency or martial law, as well as in armed conflicts or request the plaintiff engaged in hostilities or in performing tasks under a State of emergency or martial law, as well as in armed conflicts;
4) inability to deal with the case pending the resolution of another case in the civil, criminal or administrative proceedings.
 
Article 255. The right of the Court to suspend the proceedings on the case, the Court may, at the request of the persons involved in the case, or on its own initiative, suspend the proceedings in cases of: 1) stay a plaintiff or defendant in the composition of the armed forces of Turkmenistan, other troops and military bodies in military service conscripts;
2) finding the side of a business trip, exceeding the term of consideration of the case;
3) finding a hand at the hospital or her disease that interferes with the subpoena, confirmed document medical institution;
4) investigation of the defendant;
5) appointment by the Court of examination;
6) court orders, in accordance with article 52 of the present code.
 
Article 256. The timing of the suspension of proceedings the proceedings shall be suspended: 1) in the cases provided for in clauses 1 and 2 of article 254 of the present Code, to determine the successor to the retired person or a representative incompetent person;
2) in the cases provided by paragraph 3 of article 254 and 255 article of this code, until the circumstances giving rise to the suspension of proceedings;
3) in the cases provided by paragraph 4 of article 254 of this code, until the entry into force of the decision determining the sentence, the Court's rulings.
 
Article 257. Appeal Court to suspend the proceedings on the Court to suspend proceedings can be filed a private complaint.
 
Article 258. The resumption of the proceedings
 

The case resumes after elimination of the circumstances giving rise to its suspension, based on statements by persons involved in the case, or on the initiative of the Court. When you resume the proceeding, the Court invokes the persons involved in the case, on a common basis.
 
CHAPTER 20. TERMINATION of PROCEEDINGS Article 259. Grounds for termination of the proceedings, the Court shall terminate the proceedings: 1) if the case is not subject to review in the courts;
2) If you have entered into legal force, handed down in a dispute between the same parties concerning the same subject and on the same grounds, the Court's decision or determination of the Court's repudiation of the plaintiff from suing or approving a settlement agreement of the parties;
3) if the plaintiff refused and the refusal of the claim is accepted by the Court;
4) if the parties entered into a settlement agreement and is approved by the Court;
5) concluded between the parties in agreement to refer the dispute to arbitration court permission;
6) If after the death of a citizen who was one of the parties in the case, the disputed legal relationship does not allow legal succession;
7) Organization a party to the proceedings, eliminated in connection with the termination of its activities.
 
Article 260. The procedure and consequences of termination of proceedings 1. Proceedings shall be terminated by the decision of the Court.
2. If proceedings are terminated due to nepodvedomstvennosti of the case to the courts, the Court must specify which body should address the complainant.
3. in the event of termination of proceedings secondary recourse in a dispute between the same parties concerning the same subject and on the same grounds is not allowed.
 
CHAPTER 21. ABANDONMENT of STATEMENTS without CONSIDERATION of Article 261. Grounds for abandonment applications without consideration of the Court leaves the petition without consideration: 1) if the person concerned after the Court observed the order prior out-of-court settlement of the case, set for this category of cases and the possibility of applying this order is not lost;
2) If an application is filed under incompetent person;
3) statement signed or filed by a person with no authority to sign it or claim;
4) If this or another court case on the dispute between the same parties concerning the same subject and on the same grounds;
5) if application is made for the return of the writ, and the defendant does not require proceedings on the merits;
6) if the plaintiff fails to appear in court without good reason;
7) if the parties did not appear in court without good reason.
 
Article 262. The procedure and the consequences of leaving statements without consideration 1. Proceedings in cases of abandonment of a statement without examination ends with the decision of the Court. In this definition, the Court shall specify how to fix listed in article 261 of this code, the obstacles to the consideration of the case.
2. After removing the conditions that gave rise to the abandonment of statements without consideration, the person concerned shall have the right, once again in the General order go to court.
 
CHAPTER 22. DECISION of the COURT Article 263. The imposition of the definitions 1. The ruling of the Court of first instance, that case is not allowed on the merits shall be in the form of definitions.
2. definitions imposed by the Court in the retiring room in the manner provided for in article 24 of this code.
3. When resolving simple questions the Court may make a determination after the meeting did not go farther in the deliberation room. Such determination shall be entered in the minutes of the court session. The definition shall be announced immediately after their conviction.
 
Article 264. Table of contents 1 definitions. The definition must include: 1) time and place of the determination;
2) name of the Court, took the definition of surname and initials of the judges (with peer reviewing the composition of the Court) and the clerk of the Court;
3) persons involved in the case, and the subject of the dispute;
4) issue that ruling;
5) the grounds on which the Court reached its conclusions, and a reference to the laws, which the court guided;
6) a court order;
7) procedure and term of appeal definition.
2. Definition, which is made by a court without removing the deliberation room shall contain the information listed in paragraphs 4, 5 and 6 of this article.
 
Article 265. Handing out copies of the ruling parties, participating in the persons participating in the case, a copy of the ruling on the suspension or termination of proceedings or abandonment of statements without consideration shall be handed in no later than three days from the date of the determination of the Court.
 
Article 266. Communication organizations and the Prosecutor 1. In identifying violations of the rule of law, the Court may send the appropriate organisation or the officials concerned allegations of violations of the law.
2. If, in the consideration of a case, the Court finds in the actions of the parties and other participants in the proceedings, civil servant or other person signs a crime, reported to the prosecutor about it.
 
CHAPTER 23. PROTOCOLS Article 267. Be bound by logging on each hearing of the Court of first instance, as well as on each individual proceeding, dead outside the meeting, a protocol.
 
Article 268. The content of the Protocol 1. The trial transcript or an individual action, but outside of the meeting should reflect all the significant moments of a hearing or a separate procedure.
2. the Protocol shall contain the following: 1 trial) date and place of, and the start of the court session;

2) name the court seized seised of the case, the composition of the Court and the surname, name, patronymic of the clerk of the Court;
3) name;
4) information about the appearance of persons involved in the case, their representatives, witnesses, experts, specialists, interpreters;
5) information for clarification of persons participating in the case, their representatives, witnesses, experts, specialists, interpreters of their procedural rights and obligations;
6) orders of the presiding judge and the definition made by the Court of Justice in the courtroom;
7) declarations, motions and explanations of persons involved in the case, their representatives;
8) witness testimony, explanations of their experts opinions, consultations (explanation);
9) information about the disclosure of documentary evidence, material evidence examination data listening to audio recordings, viewing videos;
10) table of contents conclusions the representatives of public administration bodies;
11) content of the deliberations;
12) information about disclosure and clarification of the content of the judgment and the Court, clarify definitions and term of their appeal;
13) information for clarification of persons participating in the case, their rights to review the Protocol and submission of comments on it;
14) date of report;
15) end time trial in this case.
 
Article 269. Drawing up of protocols 1. Minutes shall be drawn up in court or when making a separate action outside of the meeting Secretary of judicial session. The Protocol shall be made in writing. To ensure completeness of the report, the Court may use shorthand, audio tools and other technical means.
Specifies the Protocol to use Secretary of judicial session audio tools and other technical devices for recording the progress of the trial. Audio media is attached to the Protocol of the trial.
2. The person involved in the case, their representatives have the right to apply for a protocol details, which they consider to be relevant to the case.
3. Protocol of the trial must be prepared and signed no later than five days after the end of the trial, separate protocol procedure not later than the day following the date of its occurrence.
4. Trial transcript shall be signed by the Chairman and the Secretary of the court session. All changes, additions, revisions to the Protocol should be specified and certified by the signatures of the presiding officer and the clerk of the Court.
 
Article 270. Comments on Protocol the persons participating in the case, and their representatives have the right to get acquainted with the Protocol and within three days from the date of its signing, may submit written comments on the Protocol indicating it committed irregularities and omissions.
 
Article 271. Consideration of comments on the Protocol 1. Comments on the Protocol are considered signatory-judge presiding at the trial that if you agree with the comments of certifies its accuracy.
2. In case of disagreement with the comments submitted by the presiding in the court hearing with notice of persons involved in the case, the absence of which does not preclude consideration of comments on the Protocol. As a result of the comments of the presiding judge shall determine the identity of their correctness or about their complete or partial rejection. Comments anyway attached to the case.
3. comments on Protocol should be reviewed within five days from the date of their filing.
4. when the presiding judge in the case of some objective reasons can not consider comments on the Protocol, they will be attached to the materials of the case.
 
SUBSECTION III. PROCEEDINGS arising FROM administrative legal relations CHAPTER 24. GENERAL PROVISIONS Article 272. Cases arising from administrative legal relations before a court, the Court considers: 1) complaints about the protection of electoral rights and the right to participate in the referendum of the citizens of Turkmenistan;
2) complaints against unlawful actions by State bodies and officials infringing upon rights of citizens;
3) complaints against refusal of State registration of acts of civil status and the refusal of the civil register (hereinafter REGISTRAR) from making changes, additions and/or corrections to the record of civil status acts;
4) complaints of notarial acts or refusal;
5) other cases arising from administrative legal relations, in cases stipulated by the legislation of Turkmenistan.
 
Article 273. Procedure for considering cases arising from administrative legal relations 1. The cases listed in article 272 of the present code are dealt with by the Court according to the General rules of proceedings with exceptions and additions provided by the heads of 24-28 of this code.
2. during the consideration and resolution of cases arising from administrative legal relations, correspondence rules do not apply to production, set chapter 17 of this code.
 
Article 274. The procedure for bringing cases before the Court 1. The Court will now proceed to the consideration of cases arising from administrative legal relations, on the basis of a complaint.
2. preliminary treatment of the applicant in superior authority or to a higher-ranking official in the order in which subsidiarity is not a prerequisite for filing a complaint with the Court and its decision by the Court to consider and resolve on the merits.

3. If a complaint to the Court in accordance with paragraphs 3 and 4 of article 272 of the present Code, it is determined that there is a dispute, the judge leaves the complaint without consideration and explained to the applicant the need for registration of the statement of claim in accordance with the requirements of articles 149 and 150 of this code.
 
Article 275. The principle of finding out the actual circumstances of the case the Court 1. The Court must, without limitation submissions and explanations, to take all measures prescribed by law for comprehensive, complete and objective of ascertaining the actual circumstances of the case, on its own initiative, in collaboration with stakeholders. The Court does not depend on the arguments of the parties and their applications to study evidence.
2. a judge shall ensure that all formal bugs have been fixed, unclear statements explain the necessary intercession, incomplete factual data supplemented by, and all the explanations necessary for establishing and assessing the circumstances of the case.
 
Article 276. State administration bodies 1. State administration body under this code is any competent organ of State administration, as well as to the person performing the activity of official bodies on instructions from such bodies.
2. Public administration body, against which the complaint is the responsible party in the case.
 
CHAPTER 25. Proceedings on PROTECTION of ELECTORAL rights and the right to participate in the referendum the CITIZENS of TURKMENISTAN Article 277. Filing a complaint about the protection of electoral rights and the right to participate in the referendum the citizens of Turkmenistan 1. Voters, candidates, their proxies, observers, initiative groups, representatives of the media and electoral commissions, consider that decisions and/or actions (inaction) of State authority and local self-government, other bodies, their officials, Election Commission, with the exception of the Central Commission on elections and referendums in Turkmenistan, other participants in the electoral process, the Referendum Commission, as well as the candidates, their proxies, initiative groups , violated the voting rights or the right to vote of citizens of Turkmenistan have the right to lodge a complaint with the Court of jurisdiction established by article 35 of the present code.
Ètrapskij, City Court takes to his consideration of a complaint only if the person has a higher Election Commission complaint and if the complaint was rejected.
In cases of appeal to the Court without first filing a complaint to a higher Election Commission judge sends a complaint to the appropriate Commission for decision, informing the applicant accordingly.
2. The persons referred to in paragraph 1 of this article, consider that decisions and/or actions (inaction) of the Central Commission on elections and referendums in Turkmenistan, its officials violated voting rights or the right to vote in the referendum, the citizens of Turkmenistan have the right to appeal to the Supreme Court of Turkmenistan, on jurisdiction established by article 37 of the present code.
 
Article 278. Terms of recourse and complaint 1. The election complaint Commission, the referendum on the registration or refusal of registration of the initiative group of the candidate or referendum may be lodged within three days from the date of the decision of the Electoral Commission, the Commission for the referendum.
The complaint concerning the outcome of the vote may be filed within three days after a review of the relevant higher Election Commission complaint on the voting results.  
2. Complaints received during the preparation of the elections, referendum, subject to review by the Court in three-day term from the moment of receipt of the complaint, and on the day prior to the day of elections, referendum or election day referendum immediately.  
In cases where the facts contained in the complaints received during the preparation of the elections, referendum, require additional validation, they are treated not later than within five days.
3. a complaint before the Court involving the applicant, persons, actions (inaction), which will be appealed, and their representatives, as well as representatives of the electoral commissions, initiative groups, organs of State power and local self-government, as well as other interested persons. Failure to appear in court, properly the parts about the time and place of the court session, does not constitute an obstacle to the consideration and determination of the case.
4. the Prosecutor shall have the right to participate in the process and give the Court opinion on the legality of the complaint.
5. the Court is obliged to organize their work to ensure timely consideration of complaints (including weekends).
 
Article 279. The Court's decision on the complaint 1. According to the results of examination of the complaint, the Court renders a decision.
2. If the Court finds a complaint justified, it shall make a decision on the complaint and cancels the Election Commission's decision. The court obliges the Commission to make a new decision on the merits or the higher Election Commission to take a decision on the merits on the basis of a court decision.
3. If the Court determines that the actions complained of were committed in accordance with the law, it shall issue a decision rejecting the complaint.
4. following the decision of the Court immediately forwarded to the Electoral Commission.
 

CHAPTER 26. COMPLAINTS AGAINST UNLAWFUL ACTIONS by STATE BODIES and officials infringing upon RIGHTS of CITIZENS Article 280. The right to petition to the Court a citizen has the right to apply to court, if he considers that the improper action or inaction of State administration body or officer violated his rights.
 
Article 281. The actions of the public administration and officials subject to judicial challenge to action by State bodies and officials subject to judicial appeal include collective and individual actions, resulting in: a citizen is unlawfully deprived of the possibility to fully or partially implement the right accorded to it by law or other regulatory legal acts of Turkmenistan;
on citizen lays some responsibility.
 
Article 282. Scope of this chapter are not subject to judicial review or appeal pursuant to this chapter acts by State bodies and officials having a normative character.
 
Article 283. Preliminary procedure 1. Before submitting a complaint in the manner of a preliminary procedure acts or omissions of bodies of State administration are checked for validity and usefulness. The decision is taken by a higher body of the Government.
2. Such verification is not required if it is required by law or if the decision was taken by the highest organ of State administration.
3. An objection shall be filed on the basis of the application within 10 days after the Commission of a public administration body acts or omissions.
4. The parent body of the public administration should make a decision on the objection within 10 days.
 
Article 284. Complaint 1. The complaint may be filed with the Court by a citizen or by his representative.
2. the complaint is served in ètrapskij, the city court in the location of a public administration body whose action or inaction will be appealed.
 
Article 285. Deadlines for appeals to the courts 1. The complaint may be filed with the Court in the three-month period calculated from the date of receipt of the written notice of the refusal of a citizen parent body or an official complaint or from the date of the expiration of monthly term after filing a complaint to a higher body, if the applicant was not obtained on her written response.
2. the time limit for filing a complaint, missing for a good reason, may be restored by the Court.
 
Article 286. Examination of the application 1. The complaint before the Court within two months with the participation of the complainant, the complainant and representative body of public administration, acts or omissions which are appealed, or their representatives.
2. The applicant who filed the complaint, shall have the right to entrust the representative defend their interests in the case.
3. the Prosecutor shall have the right to participate in the process and give the Court opinion on the legality of the complaint.
4. Failure to appear in court on the distortion of the complainant, the complainant, or the representative body, which will be appealed, or their representatives, does not constitute an obstacle to the consideration of the complaint, the Court may, however, accept the complainant's appearance, the complainant and representative body of public administration required.
5. The Court should be investigated materials of superior bodies of subsidiarity in order to recognize legitimate action complained of, and also can be heard explaining others, researched the necessary documents and other evidence.
 
Article 287. Reevaluation decisions to the discretion of the 1. In the case where the Office is empowered to act according to his own discretion, the Court also checks whether the unlawful administrative act, refusal or failure to provide administrative act, or failure to comply with an administrative act due to the fact that the legitimate bounds of discretion have been infringed, or the right of discretion took advantage of the manner that does not comply with the objectives of the authority.
2. the Office may complete their considerations with respect to the discretion of an administrative act and during the administrative proceeding.
 
Article 288. The Court's decision on the complaint 1. According to the results of examination of the complaint, the Court renders a decision.
2. If the Court recognizes the acts or omissions complained of unlawful and which undermine the citizen his rights, he makes a decision on the complaint.
If the acts or omissions complained of were:-an administrative act, the Court recognizes his illegitimate and cancels this administrative act;
-refusal or failure to provide administrative act, the Court recognizes its unlawful.
In the Court's decision on the recognition of wrongful denial of making or absence of administrative act specified the obligation of the respective State administration body or official to resolve the violation suffered.
3. If the administrative act has already been carried out, the Court of appeal may oblige the Government authority to abolish the performed action and prescribe appropriate measures for their removal.
4. If the Court determines that the actions complained of were committed in accordance with the law, within the authority of the State administration, he decides to dismiss the complaint.
 
CHAPTER 27. COMPLAINTS ABOUT THE REFUSAL OF STATE REGISTRATION OF ACTS OF CIVIL STATUS AND ON

The REFUSAL of the AUTHORITIES of the CIVIL REGISTRY CHANGES, additions and/or corrections to the RECORD OF CIVIL STATUS ACTS Article 289. Filing a complaint a complaint on refusal of State registration of acts of civil status and the refusal of the authorities of the CIVIL REGISTRY changes, additions and/or corrections to the record of civil status acts before the courts for the place of residence of the applicant.
 
Article 290. Complaint 1. The complaint must indicate which authority was denied State registration of acts of civil status and the reasons for this have been denied registration. The complaint shall be accompanied by the opinion of the authority, the CIVIL REGISTRY on the refusal of State registration of civil status acts and other documents needed for the case.
2. the complaint must indicate which authority had made entry, what is its irregularity and what evidence confirms this, on what grounds was denied amendments, additions and (or) corrections records. The complaint should be accompanied by copies of the relevant records and certificates issued on its basis, the conclusion of the authority REGISTRY OFFICE on refusal of changes, additions and (or) corrections records and other documents needed for the case.
 
Article 291. The Court's decision on the complaint 1. According to the results of examination of the complaint, the Court renders a decision.
2. In the Court's decision, which granted appeal against denial of State registration of acts of civil status is indicated on the merits of the complaint and the duties of the body concerned REGISTRAR to perform certain actions.
3. In the Court's decision, which granted the complaint to refuse to make changes, additions and (or) corrections records of civil status Act specifies which record (which authority REGISTRY OFFICE and in respect of which persons drawn, its number and date) and (or) what changes, additions or corrections need to be made.
4. If the Court determines that the actions complained of were committed in accordance with the law, it shall issue a decision rejecting the complaint.
 
 
CHAPTER 28. COMPLAINT on NOTARIAL ACTS or REFUSAL of Article 292. Complaint 1. Persons applying for Commission of notary actions and consider wrong committed notarial action or deny committing notarial actions, may file a complaint at ètrapskij, City Court at the location of the State notary office.
2. Complaints about the improper certification of Testaments or denial of his identity, the captain of ship or inland navigation vessel flying the national flag of Turkmenistan, served at the Court of the location of the port (space) the registration of the vessel.
3. the complaint is served at court within one month, calculated from the date on which the complainant became aware of the mistake committed notarial action or rejection.
 
Article 293. The complaint the complaint is dealt with by the judge, with the participation of the applicant, notary or other official of the perpetrator of the contested notarial action or failed in committing notarial actions, but their absence does not constitute an obstacle to the settlement of the case.
 
Article 294. The Court's decision on the complaint 1. According to the results of examination of the complaint, the Court renders a decision.
2. If the Court finds a complaint justified, it shall make a decision on the complaint and cancels the perfect notarial action; obliges the notary or other official person to perform certain actions; or commits a notary or other official fix violations when performing notarial acts.
3. If the Court determines that the actions complained of were committed in accordance with the law, it shall issue a decision rejecting the complaint.
 
SUBSECTION IV. SPECIAL PRODUCTION i. PRODUCTION for FAMILY AFFAIRS CHAPTER 29. PRODUCTION for FAMILY AFFAIRS Article 295. Scope of this chapter this chapter relate to: 1) proceedings arising from marital relations (divorce and annulment);
2) contestation of paternity (maternity) (cases on the rights of the child);
3) in other cases arising out of family relationships.
 
Article 296. The Prosecutor's right to claim 1. An action for annulment may also be instituted by the Prosecutor.
2. Claim presented to both spouses.
 
Article 297. The death of one of the spouses 1. In the event of the death of one of the spouses deal for married relations, located in production shall be terminated in accordance with paragraph 6 of article 259 of the present Code, except as provided in part two of this article.
2. Upon presentation by the Prosecutor of annulment proceedings are continuing against the surviving spouse.
 
Article 298. The principle of the Court to the circumstances of the case study 1. The Court may, on its own motion, investigate the evidence and take into account the facts that the parties were not given.
2. A decision on the waiver of the claim, on the basis of the recognition of the claim and correspondence solutions against the defendant are inadmissible.
3. production of family business can not be combined with the case on other claims, except in the cases listed in article 300 of the criminal code.
 
Article 299. Temporary court order 1. The Court may interim regulation the application of one of the parties or at its own discretion to adjust: 1) communication of a parent with a child;
2) transfer of the child to the other parent;

3) duty of maintenance of a minor child;
4) content;
5) use the conjugal housing and household items.
2. Temporary surrender shall be made in the form definition. Determination may be made at the court hearing or without holding a hearing.
3. determination of the Court shall be executed immediately.
4. In the event of a change in circumstances, the Court may, on the application of one of the parties or, at its discretion, to cancel or change the definition.
5. Temporary Court orders null and void from the date of entry into force of the decision into legal force.
6. Temporary Court orders are not subject to appeal.
 
Article 300. Resolution related cases 1. In the event of divorce or annulment of marriage, the Court, if at least one of the parties charged the claim about it, takes the decision: 1) on the regulation of communication one of the parents with a child born in wedlock;
2) on the transfer of the child to the other parent;
3) legitimate duty to provide maintenance to a child;
4) reasonable legal responsibility for content of matrimony;
5) on the partition of the jointly acquired property.
2. On dissolution of marriage or annulment of the marriage, as well as on related cases, the Court shall make a single (joint) decision.
3. The Court may allocate the related cases, if separate consideration recognizes the requirements more accurately.
 
II. The PROCEEDINGS on CASES of UNDISPUTED JURISDICTION CHAPTER 30. GENERAL PROVISIONS Article 301. Cases heard by the Court of Justice 1. The Court hears cases: 1) on establishing the facts having legal value;
2) recognizing citizen untraceable or declaring a citizen dead;
3) on the limitation of legal capacity of a citizen or for recognition of a citizen as incompetent;
4) to forcibly place the citizen in the institutions with a special custodial regime;
5) recognizing absentee property;
6) Recognizing the lost or destroyed instrument payable to bearer repealed.
2. The law may provide for the consideration and other affairs the undisputed jurisdiction in cases stipulated by the legislation of Turkmenistan.
 
Article 302. The order of consideration of cases 1. The cases listed in article 301 of the present code are dealt with by the Court according to the General rules of proceedings with exceptions and additions provided by heads of 30-36 of the present code.
2. the cases listed in article 301 of this code, the Court shall consider, with the participation of the applicant, as well as natural and juridical persons, rights or protected by law is affected by the proceeding.
3. If, in the cases of the undisputed jurisdiction arises under dispute to the courts, the Court leaves the petition without consideration and explains to stakeholders that they have the right to sue on a common basis.
 
CHAPTER 31. ESTABLISHING the FACTS having legal VALUE Article 303. Case on fact-finding, with legal value before a court 1. The Court establishes facts from which depends the emergence, modification or termination of personal or property rights of citizens or organisations.
2. the Court shall examine the cases of establishing: 1) relationship;
2) fact finding a person dependent;
3) the fact of registering a birth, marriage, divorce, adoption, paternity, change of surname, name, patronymic, and death;
4) recognition of paternity;
5) fact conditioning constitutive documents (except for the membership card of the public organization, military documents, passports and certificates issued by the civil registry authorities) person, name, patronymic or surname which referred to in document does not match the name, middle name or surname of the person by passport or birth certificate;
6) the fact of ownership and use of real estate;
7) the fact of an accident;
8) birth of a person in a certain time and a certain place-in case of refusal of the civil register in birth registration;
9) fact of death of a person in a certain time and a certain place-in case of refusal of the civil register in the event of death;
10) the fact of acceptance of inheritance and place the opening of the inheritance;
11) other facts having legal value.
 
Article 304. The conditions necessary to establish the facts having legal value, the Court ascertains the facts having legal value only if the claimant cannot obtain otherwise appropriate documents proving these facts, or if it is not possible to recover lost documents.
 
Article 305. The filing Statement on establishment of the fact of having legal value, served in the Court of the place of residence of the applicant, except for declarations on the establishment of the fact of ownership and use of real estate, which is served by a court at the location of the immovable property.
 
Article 306. The contents of the Declaration should be indicated in the statement, which fact applicant must be installed, as well as there must be evidence that the claimant's inability to receive the appropriate documents or inability to recover lost documents.
 
Article 307. The Court's decision on the application 1. In the Court's decision should be indicated: fact, fixed by the Court, as well as the evidence on which the Court of this fact.

2. Decision on establishment of the fact of the Court subject to the civil registry or registration elsewhere, after the entry into force serves as a basis for such registration or registration not superseding documents issued by these bodies.
 
CHAPTER 32. RECOGNITION of a CITIZEN AS MISSING or DECLARATION of a CITIZEN DEAD Article 308. Application 1. The case of recognition of a citizen as missing or declaring a citizen dead can be initiated on application by members of his family, Attorney, Department of custody and guardianship.
2. a statement of recognition of the citizen as missing or declaring a citizen the deceased served in the Court of the place of residence of the applicant.
 
Article 309. The content of the statements in the statement should be set forth facts supporting the lengthy absence of the citizen or the circumstances that threatened the missing death or give ground to assume his death from a particular accident. Soldiers or other nationals missing in connection with military actions, the statement indicates the day of the end of hostilities.
 
Article 310. The actions of the referee after the adoption of the Declaration 1. The judge in preparing the case for trial persons inquire what can give information about the missing, and requests the relevant organizations, to the last known place of residence and place of work of the missing available information about him.
2. after the adoption of the statement, the judge may offer guardianship and tutorship agency appoint a trustee of the property of a citizen.
 
Article 311. Consideration of case 1. The Court examines the case involving the complainant, witnesses, specified in the application, and those which the Court itself recognizes the need to interrogate, and render a decision on the recognition of a citizen as missing or declaring him dead.
2. the Prosecutor shall have the right to participate in the process and give the Court opinion on the regularity of the statement.
 
Article 312. The Court's decision on the application 1. The Court's decision, which the citizen is declared missing, is the reason for the transfer of its property to the person to whom the Agency of guardianship and curatorship shall conclude a contract of trust management of the assets if necessary, permanent control over it.
2. the decision of the Court to which the citizen is declared dead, is the reason for making the body of the civil registry entry about the death of this citizen in the book of records of civil status acts.
 
Article 313. Consequences of the discovery appear or place of residence of the citizen, declared missing or is declared dead or detection in case of the appearance of the place of stay of a citizen, declared missing or dead, the Court declared the new decision cancels its earlier decision. The new solution is the basis for the abolition of property management and citizen for cancellation of the recording of his death in the book of the civil registry.
 
CHAPTER 33. LIMITATION of LEGAL CAPACITY of a CITIZEN or a CITIZEN AS INCOMPETENT Article 314. Application 1. In the case of incapacity of the citizen as a result of abuse of alcoholic beverages or narcotic drugs or psychotropic substances can be initiated on application by members of his family, Attorney, Department of custody and guardianship.
2. the case of recognition of a citizen as incompetent due to mental disorders (mental illness or dementia) may be initiated on application by members of his family, and in their absence-close relatives (parents, children, brothers, sisters) regardless of the joint stay with him, the Prosecutor, the Agency of guardianship and curatorship, psychiatric or Psychoneurological hospital.
3. Limitation of legal capacity of a citizen or for recognition of a citizen as incompetent served in the Court of the place of residence of the citizen, and if that person is placed in psychiatric or Psychoneurological hospital, at the location of the medical establishment.
 
Article 315. Content of request 1. In a statement on the limitation of legal capacity of a citizen should be set forth circumstances showing that a person abuses alcoholic beverages or narcotic substances, psychotropic substances, puts his family in a difficult material situation.
2. in the statement on recognition of a citizen as incompetent should be set forth the circumstances indicating the presence of a citizen of mental disorder, as a result of which a person may not understand the significance of his actions or control them.
 
Article 316. Appointment of examination to determine the mental state of the citizen 1. The judge in preparing cases for trial if there is sufficient evidence of mental disorder citizen assigns to determine his mental state forensic psychiatric examination.
2. In exceptional cases, when explicitly evading a person against whom action is taken, from passing the examination, the court hearing with the participation of the Prosecutor and the psychiatrist decides to question the expertise.
 
Article 317. Consideration of the application
 

1. In the case of incapacity of the citizen Court deals with the mandatory participation of the citizen, as well as by the representative of the Department of custody and guardianship. If, for reasons recognized as valid by a court, the citizen does not appear at the hearing, it may be determined by the Court forced the drive.
2. the case of recognition of a citizen as incompetent is considered by the Court, with the participation of the citizen. Personal interview may be waived if according to forensic psychiatric examination, there have been concerns about the possibility of substantial harm to the health of the citizen or the State of health does not allow him to participate in the court session. In such a case, the judge shall personally make sure what condition it is in.
3. the case of recognition of a citizen as incompetent Court deals with compulsory participation of the representative of the Department of custody and guardianship.
4. the Prosecutor shall have the right to participate in court hearings in cases of incapacity of a citizen or for recognition of a citizen as incompetent and give the Court opinion on the regularity of the statements.
5. Legal costs on cases relating to the limitation of legal capacity of a citizen or for recognition of a citizen as incompetent with the complainant was not charged.
6. the Court, having established that the person acted in bad faith the complainant in order to deliberately unreasonable restriction or deprivation of legal capacity of a citizen who charges with such person all legal costs.
 
Article 318. The Court's decision on the application 1. In the Court's decision on the limitation of legal capacity of a citizen indicated volume capacity restrictions provided for by the Civil Code of Turkmenistan. The Court's decision, which the citizen is limited in dispositive capacity is the basis for assigning him a trustee Agency of guardianship and curatorship.
2. the decision of the Court, which the citizen to work, is the basis for assigning a guardian agency of guardianship and curatorship.
3. If the Court determines that the lack of grounds for limiting the legal capacity of a citizen or recognition of a citizen as incompetent, it shall issue a decision rejecting the application.
4. The Department of custody and guardianship is obliged to inform the Court within 10 days of appointment limited capable or incompetent citizen respectively a trustee or guardian.
 
Article 319. Citizen's recognition of legal capacity 1. In the cases provided by paragraph 2 of article 27 of the Civil Code of Turkmenistan, the Court, upon application of the citizen, his guardian, his family members, prosecutors, the Agency of guardianship and curatorship shall render a decision on the abolition of restrictions on the legal capacity of a citizen. On the basis of a court decision cancelled installed over it guardianship.
2. in the cases contemplated in part 3 of article 26 of the Civil Code of Turkmenistan, the Court, upon application by the guardian, members of his family, and in their absence-close relatives (parents, children, brothers, sisters) regardless of the joint stay with him, the Prosecutor, the Agency of guardianship and curatorship, psychiatric or psycho-neurological institution, on the basis of a forensic psychiatric examination shall decide on the acceptance of recovered legal capacity. On the basis of a court decision cancelled installed over it guardianship.
 
CHAPTER 34. The COMPULSORY PLACEMENT of citizen AGENCY with a special custodial regime Article 320. The case of forced placement in citizen agency with a special custodial regime, the Court 1. The case of forced placement in citizen agency with a special custodial regime, considered by the Court, is a production of a citizen against his will, based on the requirements of the person or body authorized by the law of forced placement in an institution with a special custodial regime, including the right to leave it without permission (hereinafter referred to as "internment).
2. the manufacture of forced placement does not include production for the application of coercive measures of a medical nature, seen in the context of the criminal procedure legislation of Turkmenistan.
 
Article 321. The need for a court order 1. About the validity and duration of mandatory detention has the right to decide only the judge.
2. In the case of forced institutionalization produced prior to the adoption of a court order, authorized by law, a person (body), on the basis of regulations which was compulsory placement, must (must) not later than 12:00 since the forced institutionalization to apply to the Court to address the merits.
No one may be detained without trial for a period of more than 48 hours from the moment of forced institutionalization.
 
Article 322. Territorial jurisdiction 1. Statement of forced placement in accordance with article 320 of the present code is served in court: 1) on the location of the Department of custody and guardianship, if the application is served by that authority;
2) at the location of the institution with a special custodial regime, if the administration of the institution is authorized to file the application;
3) at the place of residence of the citizen, to which you will apply the compulsory placement;
4) at the location of the citizen, to which you will apply the compulsory placement, if the circumstances here the need arises it forced institutionalization.

2. the court sends the case to another court, in whose territory a citizen to whom it was applied the compulsory placement, and its premises should be made there.
 
Article 323. Application 1. Statement of forced placement in Court of jurisdiction in accordance with article 322 of this code by the person eligible by virtue of the Act.
2. The application must be reasoned, containing information on the existence of grounds for involuntary placement, stipulated by the legislation of Turkmenistan. The statement is attached a reasoned opinion of the Commission on the necessity of expert doctors forced institutionalization.
 
Article 324. Consideration of the application 1. Statement of the committal judge hears within five days from the date of its adoption.
2. If the compulsory placement apply to a citizen prior to the adoption of a court order, the Court shall, without delay, since the income statement takes a decision on the duration of preliminary confinement or to abolish it, prior to the adoption of a judicial decree.
3. prior to the commencement of the trial Court shall provide copies of the statement of forced placement and length of preliminary confinement or abolishing its judgement until the adoption of the citizen in relation to which it is applied, and other participants in the trial.
4. the Court shall hear the citizen in relation to the application of the compulsory placement, personally and provides the opportunity for other participants in the trial to express their opinion.
5. court hearings may take place in the courthouse or in an institution with a special custodial regime.
 
Article 325. Citizen participation in the judicial sitting of 1. Citizen in respect of which a compulsory placement is used, have the right to participate in court hearings in the case concerning his committal.
2. If the information received from the representative of the institution with a special custodial regime, a citizen cannot personally participate in the court session for health reasons, the judge is obliged to personally verify this.
 
Article 326. Trial participants 1. At the trial, along with the applicant and in respect of which a citizen is applied the compulsory placement, participants are: 1) the legal representative, curator or person accompanying that person, if any;
2) at the request of the trustee specified citizen to protect his rights;
3) spouse and adult children, if the citizen resides with them;
4) representative of the administration of the institution with a special custodial regime.
2. the Prosecutor shall have the right to participate in court hearings and give the Court opinion on the regularity of allegations of forced indoors.
 
Article 327. The decision of the Court on the application of forced placement 1. The Court decision is rejected or forced institutionalization is met.
2. the grounds for mandatory detention of a citizen in an institution with a special custodial regime is the decision of the Court of committal.
3. The compulsory placement can be applied for a period not exceeding six weeks.
4. the Court in the judgement shall stipulate the possibility of early cancellation of compulsory admission, if the grounds for the continued use of forced institutionalization will disappear, as well as to oblige all parties to inform the trial court about the circumstances from which will follow, that the grounds for the further use of forced institutionalization have ceased to exist.
5. the decision can be appealed within ten days of the person in respect of whom applied the compulsory placement, its representative, the administration of the institution with a special custodial regime, a prosecutor involved in the case can be brought Cassation view.
 
Article 328. Cancellation or extension of compulsory admission 1. Court reverses decision to forcibly place if the Court will be aware of the circumstances from which will follow, that the grounds for the further use of forced institutionalization have ceased to exist.
2. the Court in the event of a dispute about the need for further use of forced institutionalization or, if the Court considers it necessary to further clarify the circumstances of the case, hearing personally citizen, on which applied the compulsory placement, and other participants in the trial.
3. the Court may order the release of a citizen against which applied the compulsory placement, to deal with the case on the abolition of forced institutionalization, if from the circumstances of the case would follow that justification for the further use of forced institutionalization and forced institutionalization have ceased to be cancelled.
4. the case of the renewal of forced institutionalization is considered by the Court in the manner prescribed by article 324 of the criminal code.
5. For the purposes of a decision on the extension of compulsory admission, the Court must seek the reasoned opinion of the independent expert on the need to extend the forced institutionalization.
6. extension of forced institutionalization may be ordered without specifying a date.

7. When forced indoors for an indefinite period not later than one year from the date of the application a citizen forced institutionalization the Court shall consider the need for further use of forced institutionalization in the manner prescribed by article 324 of the criminal code.
 
CHAPTER 35. RECOGNITION of ABSENTEE PROPERTY Article 329. Application 1. Declaration of acceptance of the moveable things ownerless where it served in the Court by a person who entered into the possession of it, on the location of the applicant.
2. A declaration accepting absentee real estate and transfer it into State ownership in court at the place of its finding body of local executive authority authorized to manage the property.
If the real thing is not taken account of the authority of local executive authority authorized to administer property, or if an application is submitted after the expiry of one year from the date of its registration, the judge denied making statements in court.
 
Article 330. Content of request 1. In the statement on recognition of movable things ownerless where it must be specified what kind of thing should be recognized shall be ownerless where it describes its main features, and provides evidence of the abandonment of things the owner without the intention to retain ownership of it, and the evidence of the applicant's entry into the possession of the thing.
2. the statement of the authority of local executive authority authorized to administer property, the real property absentee, should indicate what property should be recognized when and whom absentee real thing placed on accounting, and must be given evidence the inability to establish the owner of the property.
 
Article 331. The actions of the referee after the adoption of the statement after the adoption of the Declaration, the Court gives an indication about the publication of classified ads in your local newspaper. The Declaration must contain the following information:-the name of the Court, which shall adopt a decision on the application for acceptance of absentee property;
-the name of the property that is the subject of the proceedings;
-requirements for all persons applying for property rights, State Court of those rights within one month.
 
Article 332. Preparing the case for trial 1. If during the period referred to in article 331 of this code will not be declared requirements of rights the Court shall further prepare for trial and determines which persons (owners, actual owners and others) can provide information about the property, and requests the relevant organizations of information available about him.
2. If, before the expiry of the period referred to in article 331 of the present Code, the Court will declared the requirement on property rights, the Court leaves without consideration of the Declaration of acceptance of absentee property and explained to the complainant that he could bring his claim in order lawsuit.
 
Article 333. Consideration of the application of the Declaration of acceptance of the absentee property is considered by the Court, with the participation of interested persons.
 
Article 334. The Court's decision on the application 1. The Court, having found that the moveable thing has no owner or left by the owner without the intention to retain ownership of it, shall decide on the acceptance of movable things and ownerless where it it the property of a person who had possession of it.
2. the Court, recognizing that real estate has no owner, shall decide on the acceptance of absentee real estate and transfer it to the State property.
 
CHAPTER 36. RECOGNITION of the LOST or DESTROYED INSTRUMENT PAYABLE to BEARER REPEALED Article 335. Application for recognition of the lost or destroyed instrument payable to bearer 1 repealed. If the document bearer shares lost or destroyed, the person owning lost or destroyed instrument in cases stipulated by the legislation of Turkmenistan, may request the Court for recognition of the lost or destroyed the document void.
2. A declaration of acceptance of the lost or destroyed instrument payable to bearer void served in the Court of the place of establishment of the issuer.
 
Article 336. The content of the statements in the statement must be shown the distinctive signs of the lost or destroyed document, name of institution issuing the document, as well as set out the circumstances under which happened (happen) loss or destruction of the document.
 
Article 337. The actions of the referee after the adoption of the Declaration 1. The judge after the adoption of the Declaration shall determine the prohibition of establishment that issued the document, make payments on it, as well as about the work at the expense of the applicant of the publication in a local newspaper.
2. publication of summons the holder of the document shall contain: 1) the name of the Court had before it a statement on the loss of the document;
2) surname, name, patronymic name of the applicant and his address;
3) name and distinctive signs document;
4) to the holder of the lost or destroyed document about loss or destruction which stated, in a three-month period from the date of the publication of Sue statement about their rights on this document.
3. Denial of making a designation may be filed a private complaint.
 
Article 338. The statement by the holder of the document
 

Document holder, the loss or destruction of which stated, shall be bound, before the expiry of an advantageous from the date of the publication of Sue who definition, statement of their rights on paper and to submit the document in the original.
 
Article 339. The Court's action after receipt of an application by the holder of the document 1. In case of receipt of an application by the holder of the document before the expiration of an advantageous from the date of publication of the Court leaves the Declaration of acceptance of the document null and void without consideration and sets a time limit within which the institution issuing the document, it is forbidden to make payments on it. This period shall not exceed two months.
2. at the same time, the Court explained to the applicant of his right to present a document to the holder of the claim in general terms about the discovery of this document, and the document holder's right to collect from the applicant damages caused by restrictive measures taken by the judge.
On the definition of the Court of the issues referred to in this article may be filed a private complaint.
 
Article 340. Consideration of the application for recognition of a lost or destroyed document void case about recognition of the lost or destroyed document as null and void, the Court considered an advantageous period has elapsed from the date of publication, if the holder of the document is not submitted the Declaration referred to in article 338 of the criminal code.
 
Article 341. The decision of the Court upon application if the applicant requests the Court renders a decision, which recognizes the lost or destroyed the document void. This decision is the basis for issuing the applicant contribution or a new document instead of recognized as null and void.
 
Article 342. The right holder to sue about the undue acquisition or preservation of the property of the holder of the document, who promptly, for whatever reason, about their rights to this document, following the entry into force of the court verdict on the recognition of the document void, can bring to a person which is recognized as eligible for the new instrument to replace lost or destroyed, a claim for undue acquisition or preservation of the property.
 
SECTION IV. Proceedings before the Court of CASSATION INSTANCE CHAPTER 37. APPEAL and the SUBMISSION of decisions that have not yet become enforceable Article 343. Right of appeal and swearing to the submission to the decision is not enforceable in the court decisions in the first instance, that have not yet become enforceable, the parties and other persons involved in a case can be filed a complaint and the Prosecutor involved in the case can be brought Cassation view.
 
Article 344. Appeal a default judgment, not 1 has entered into force. Default judgment cannot be appealed to the cassation appeal by the party against whom it was made.
2. For default judgment, which was adopted as a result of the re-appearance of and therefore could not be challenged by filing a complaint can be lodged a complaint. However, the appeal may be based only on the fact that there were no legal grounds for making the second default judgement.
 
Article 345. The deadline for filing the cassation complaint or cassation complaint or cassation view presentation can be filed within one month from the date of delivery of a copy of the decision of the Court of persons participating in the case.
 
Article 346. Application procedure the cassation complaint or cassation submission 1. Appeals and cassation submissions may be brought against decisions of the etrap, municipal courts in the relevant regional courts and courts of the city from Mashhad, the decisions of regional courts and courts of the city from Mashhad to the Supreme Court of Turkmenistan, as well as the decisions of the Supreme Court of Turkmenistan, made in the first instance, in the Presidium of the Supreme Court of Turkmenistan.
2. Appeals or cassation sacrificed view through the Court that rendered the decision. Filing a complaint or view directly into the appeal instance does not constitute an obstacle to the consideration of the complaint or submission.
 
Article 347. The content of the cassation complaint or cassation submission 1. The cassation complaint or cassation representation should (must) contain: 1) the name of the Court who addressed the complaint or cassation representation;
2) name of the person making the complaint or submission;
3) specifying the decision being appealed or which is an idea, and the Court handed down this decision;
4) specifying what is wrong decision and at the request of the person making the complaint or cassation representation;
5) list of written materials to be attached to the complaint or appeal.
2. Reference of the person making the appeal or cassation generating attorney representation, on new evidence that was not presented to the Court of first instance, shall be permitted only in the case of justification complaint, submitting that the evidence cannot be presented to the Court of first instance.
3. the appeal shall be signed by the person filing the complaint or by his representative. Cassation submission signed by the Prosecutor.
4. the cassation complaint, filed by a representative, if missing, should be accompanied by power of attorney or other document certifying the authority of the representative.

5. the appeal shall be accompanied by proof of payment of the State fee, if the complaint in its filing is payable.
 
Article 348. Copies of the cassation complaint or cassation submission 1. The cassation complaint or cassation representation shall be submitted to the Court with copies of the number of persons involved in the case.
2. Where necessary, the judge may order the person bringing the appeal, or the Prosecutor, bringing an idea to submit copies of the attached to the complaint or submission of written materials according to the number of persons involved in the case.
 
Article 349. Referral to the Court of Cassation after receipt of the cassation complaint or cassation submission, the Court of first instance on the expiry of a deadline set for appeal and sacrificing the submission shall immediately refer the case together with the cassation complaint or Cassation's submission to the Court of Cassation.
 
CHAPTER 38. CASES in the Court of Cassation Article 350. The timing of the consideration of the case in the Court of appeal 1. Cassation instance court shall examine the case made for the cassation complaint or view within two months from the date of its receipt.
2. a complaint of Cassation representation in cases of protection of electoral rights or their right to participate in the referendum the citizens of Turkmenistan, arrived at the Court of Cassation during the electoral campaign or prepare the referendum dealt with within five days from the date of their receipt.
 
Article 351. The abandonment of the cassation complaint or cassation views without movement 1. When submitting the cassation complaint or cassation submissions, not relevant (not appropriate) the conditions stipulated under articles 347 and 348 of this code, as well as when filing the complaint, not the paid State fee, the judge shall determine, on the basis of which leaves the complaint submission without traffic, and assigns to the complainant, the view, the deadline for correcting deficiencies.
2. If the person who filed the appeal or cassation submission deadline will comply with instructions contained in the definition of the Court complaint submission are considered filed on the day of the initial proceeds in court. Otherwise, the complaint or submission shall be considered as not submitted and returned to the complainant.
 
Article 352. The Court's action after getting the case to the cassation appeal or cassation submission 1. After receiving the case from judge of cassation complaint or cassation submission must: 1) send the persons participating in the case, a copy of the complaint or submission and attachments written material;
2) notify the persons involved in a case about the time and place of the cassation complaint or submission in the Court of Cassation.
2. Pending the entry into force of the decision into legal force the thing nobody can be demanded from the Court. Persons participating in the case and the Prosecutor have the right to acquaint themselves with the case in court and received complaints or submission.
 
Article 353. Objections to the cassation complaint or cassation submission 1. Persons participating in case shall have the right to submit in writing an objection regarding the cassation complaint or cassation submission with the application documents confirming these objections.
2. Objections to the cassation complaint or cassation submissions and attached to the documents shall be served with copies, the number of which corresponds to the number of persons involved in the case.
 
Article 354. Joining the Cassation Co-plaintiffs, co-defendants and third parties who process on the same side as the person who filed the appeal, can join filed the complaint. Declaration of accession to the complaint State fee is not paid.
 
Article 355. Dependent filing the appeal with the opposite side 1. In the case of appeal by one party, the other party, even if it is not filed an appeal within the time-limit fixed for the appeal, during the court proceedings may file an appeal in cassation assisted.
2. Combining the cassation complaint is paid State fee in the amount prescribed by part 3 of article 84 of the present code.
3. Combining a complaint becomes null and void in the event of a refusal to appeal.
 
Article 356. Abandonment of appeal and cassation review submission 1. The person who filed the appeal, shall have the right to reject it in writing to the Court of Cassation before the adoption of the relevant court order.
2. the Prosecutor, brought cassation have the right to withdraw its submission prior to the hearing. On the revocation of Cassation submission informed the persons participating in the case.
In case of withdrawal of the submission of the Attorney General, if the party for which the claim is made and not complaining, insists on consideration of the case on appeal, it is obliged to pay court costs.
3. On the adoption of the renunciation of revocation of the cassation appeal, submission, the Court of Cassation shall determine who shall terminate Cassation proceeding, if the decision of the Court of first instance was not challenged by others.
 

Article 357. The plaintiff's refusal of the claim and the settlement agreement of the parties in the Court of appeal 1. The plaintiff's refusal of the claim or the settlement agreement the parties committed after the filing of the cassation complaint or cassation submissions, should be submitted to the Court of Cassation in writing.
Before the adoption of the waiver of the claim or claims settlement agreement, the Court explained to the plaintiff or to the parties the consequences of their action.
2. When the plaintiff's claim of repudiation or approving a settlement agreement of the parties to the cassation instance Court cancels ruling and terminates the proceedings on the case.
 
Article 358. Limits the consideration of the case in the Court of appeal 1. The Court of Cassation verifies the legality and validity of the decision of the Court of first instance on the basis of the arguments set out in the appeal, cassation view and objections concerning the complaint submission.
The Court of Cassation may establish new facts within the declared suit and investigate new evidence which could not have been submitted to the Court of first instance.
2. the Court of Cassation, in accordance with articles 275 and 298 of this code applies the principle of finding out the actual circumstances of the case and the Court investigates the circumstances of the case, on its own initiative in cases envisaged by the heads of 24-29 of this code.
 
Article 359. The order of the trial in the Court of appeal 1. The order of the trial in the Court of Cassation and to ensure his actions are determined by the rules of articles 182 and 183 of this code.
2. the Prosecutor shall have the right to participate in the hearing in the Court of Cassation in the case brought by the public prosecutor appealing presentation.
 
Article 360. The hearing in the Court of appeal hearing in the Court of Cassation is carried out according to the rules of this code shall be established to conduct the trial in the Court of first instance, and taking into account the rules laid down in this chapter.
 
Article 361. The beginning of the hearing the presiding judge opens the hearing and announced what business, on whose complaint or appeal submission and decision of any court shall be subject to review, finds out who of those involved in the case, their representatives, establishes the personality came, checks the powers of the officials, their representatives.
 
Article 362. The announcement of the composition of the Court and an explanation of the rights 1 allotment. The presiding officer announces the composition of the Court and explains the persons participating in the case, their right to claim offsets.
2. reasons for withdrawals and taps, their permissions, as well as the effects of such declarations are defined by articles 25-31 of this code.
 
Article 363. Explanation of the persons participating in the case, their rights and duties Presiding clarifies the persons participating in the case their procedural rights and obligations.
 
Article 364. Consequences of failure to appear at the hearing of persons participating in case 1. In case of non-appearance in court any of the persons involved in the case, properly not the parts about the time and place for the consideration of the case, the court defers hearing.
2. the absence of the persons mentioned in this article, properly the parts about the time and place for the consideration of the case, is not an obstacle to the trial of the case. However, the Court is entitled, and in these cases, recognizing the reasons for failure to appear legitimate, to postpone the hearing.
 
Article 365. Resolution of court petitions of persons involved in the Motion of persons involved in the case, on all matters related to proceedings in the Court of Cassation shall be settled by the Court, after hearing the views of others involved in the case. The petition claimed the Court permitted according to the rules of article 191 of the criminal code.
 
Article 366. Report of case 1. The proceedings before the Court of cassation instance starts report or one of the presiding judges.
2. the rapporteur sets out the circumstances of the case, the content of the decision of the Court of first instance arguments of the cassation complaint or cassation submissions and received concerning objections, the content of the new evidence presented in court.
He also sets out other information that need to be addressed to the Court to validate the decisions of the Court.
 
Article 367. Explanations of persons involved in a case in the Court of Cassation After report of the presiding judge or one of the judges of the Supreme Court shall hear the explanations came in the trial of persons involved in the case. The first speaker is the person who filed the appeal or his representative, or the Prosecutor if they brought Cassation view. In the case of an appeal against a court decision by the two parties first supported plaintiff.
 
Article 368. Study of evidence 1. After the explanations of persons involved in the case, the Court of Cassation in the case of the need to read the available evidence, as well as explores the evidence again if it acknowledges that they could not be submitted by the party to the Court of first instance. On the adoption of the new evidence, the Court shall issue a ruling.
2. the parties have the right to submit petitions about calling and interviewing additional witnesses, about the discovery of other evidence, which they were denied by the Court of first instance.
3. Research evidence is carried out in accordance with the procedure established for the Court of first instance.
 
Article 369. Judicial debate in the Court of Cassation
 

1. If the Court of Cassation researched new evidence, trials of the debate on the rules provided by article 217 of this code. The first supports the person who filed the appeal or the Prosecutor participating in the trial, if the Prosecutor brought Cassation view.
2. at the end of the deliberations, the Court removed the deliberation room to make the Cassation definition.
 
Article 370. Imposition of Cassation definition and its Declaration 1. Cassation definition was adopted in the retiring room where there might be the judges of the Court of Justice in the case. The presence of other persons in the retiring room is not allowed.
Meeting of the judges in the manner provided by paragraph 2 of article 24 of this code. Judges may not disclose the opinions expressed during the meeting.
2. definition of judicial review are set out in writing by the presiding officer or one of the judges.
3. definition of Cassation shall be signed by all judges. The fixes made in cassation definition must be certified by the signatures of the judges.
4. announcement of Cassation definitions are made according to the rules stipulated in article 221 of the criminal code.
 
Article 371. Powers of the Court of Cassation, the Court of Cassation, in a case entitled to their definition: 1) leave the decision of the Court of first instance unchanged and cassation complaint or cassation presentation-without satisfaction;
2) amend or repeal the decision of the Court of first instance and to adopt a new decision without referring the case for a new trial, unless the circumstances relevant to the case, are established on the basis of available evidence and additionally represented;
3) to reverse the decision of the Court of first instance in whole or in part and refer the case for a new consideration in the Court of first instance of another judge if the violations committed by the Court of first instance cannot be fixed the Court of Cassation in cases stipulated in article 374, paragraph 2 of the present code;
4) to reverse the decision of the Court of first instance in whole or in part and to discontinue the proceedings on the case or keep petition without consideration.
 
Article 372. The grounds for the cancellation or modification of the Court's decision in the Court of appeal 1. The grounds for cancellation or modification of the Court's decision in the Court of Cassation are: 1) the incorrect definition of the circumstances relevant to the case;
2) is established by the Court of first instance the circumstances relevant to the case;
3) inconsistency of conclusions of the Court of first instance as set out in the decision of the Court, the circumstances of the case;
4) violation or incorrect application of material or procedural norms of law.
2. correct on the merits of the decision of the Court of first instance cannot be undone by one only formal reasons.
 
Article 373. Violation or incorrect application of substantive law the substantive law shall be considered violated or incorrectly applied: 1) if the Court has not applied the law to be applied;
2) if the Court applied the law to be applied;
3) if the Court had misinterpreted the law.
 
Article 374. Breach or wrong application of procedural norms of law 1. Breach or wrong application of procedural norms of law shall be a ground for cancellation of the decision of the Court of first instance only if this violation has resulted or could result in incorrect resolution of the case.
2. the decision be cancelled in the following cases: 1 if the case is examined by a judge), are not eligible for consideration of the case;
2) if the case is examined by the Court in the absence of any of the persons involved in the case, not the parts about the time and place of the court session;
3) if in the case have been violated rules on the language in which the proceedings are conducted;
4) if the Court resolved the issue concerning the rights and obligations of persons not involved in case;
5) if the decision is signed by the judge or if a solution is not signed by a judge, which is specified in the decision;
6) if the decision rendered by the umpire, who, however, not the case;
7) if there is no trial transcript.
 
Article 375. Cancellation of the decision of the Court of first instance with the termination of the proceedings or abandonment of statements without considering the decision of the Court of Cassation canceled with the termination of the proceedings or abandonment of applications without consideration of the grounds specified in articles 259 and 261 of the criminal code.
 
Article 376. The definition of Court of cassational instance 1. Decision of Court of cassational instance, permitted to question the correctness of the decision of the Court of first instance, shall be made in the form definition.
2. In the determination of the Court shall include: 1) place and date of the determination;
2) name of the Court which the Court composition definition;
3) the person who filed the appeal or cassation representation;
4) summary of the contested decision of the Court of first instance, appeal, cassation submissions, evidence, explanations of persons involved in proceedings in the Court of Cassation;
5) findings of the Court according to the results of consideration of the cassation complaint or cassation;
6) the grounds on which the Court came to its conclusions, and a reference to the laws, which the court guided;
7) court order.

3. When abandonment of appeal, Cassation Court dismissed the submission must indicate the grounds on which the arguments of the complaint, the submission will be rejected.
4. If you cancel the decision of the Court in full or in part and refer the case for a new trial, the Court is obliged to specify action that should make the Court of first instance as a new case.
 
Article 377. Adoption of a superior court of an affair to the manufacture of the first instance in the case of repeated reversal of the decision in the Court of cassation instance court regional tribunals and the city with Mashhad may consider the need to take this case to its production as a Court of first instance, if the consent of the parties.
 
Article 378. Validity of the determination of the Court of cassation instance court of Cassation is not appealable and shall enter into force from the moment of its adoption.
 
Article 379. Be bound by the instructions of the Court of cassation instance 1. Guidance relating to a proceedings as set out in the definition of the Court of Cassation, in case of cancellation of the decision of the Court of first instance and the case for a new consideration are mandatory for the court seised of the case again.
2. the Court of cassation instance may not prejudge questions about reliability or unreliability of this or that evidence about the superiority of one over the other evidence, as well as on how the Court's decision must be made as a new case.
 
Article 380. The order of consideration of the cassation complaint or cassation submission received (incoming) in the Cassation Court after consideration of the case 1. If the cassation complaint, cassation submission filed by (fed) within the prescribed period or after you restore the missed deadline, will arrive in the Cassation Court after consideration of the case on other complaints, Court of cassation instance examines the complaint or submission in General.
2. If as a result of the examination of the appeal, cassation submission referred to in paragraph 1 of this article the Cassation Court to come to a conclusion about the illegality or invalidity of pre-existing definition of Cassation, it is cancelled and a new Cassation definition.
 
CHAPTER 39. APPEAL and the SUBMISSION to the COURT, that have not yet become enforceable Article 381. Right of appeal and swearing to submission to the Court, are not entered into legal force 1. The definition of the Court of first instance which have not entered into legal force may be appealed separately from that of the parties and other persons involved in the case, and prosecutor involved in the case can be brought in representation of the Cassation Court of Cassation: 1) in the cases provided by the present code;
2) in cases where the Court prevents further movement of the case.
2. The courts of first instance definitions, private complaints or private views are not served, but objections to these definitions can be included in the cassation complaint or cassation view.
 
Article 382. Term order to suplly and consider private complaints and private representations 1. Private complaint, private submission may be filed within one month from the date of delivery of a copy of the Court's definition, persons participating in the case.
If the definition was read in the presence of the person entitled to file a complaint, the complaint period starts from the moment of its announcement.
2. submission and examination of private complaints and private representations shall be made in the manner provided for in the relevant articles of chapter 38 of the present code.
3. the Court of Cassation, after hearing the Parties shall issue a ruling without a trial. The trial is being held, if it is considered expedient to ascertain the circumstances of the case.
 
Article 383. Powers of the Court of Cassation, the Court of Cassation, having considered the private complaint or private view has the right to: 1) leave definition without changes, and private or private view-complaint without satisfaction;
2) repeal the definition of in whole or in part and resolve the issue on the merits;
3) repeal the definition of in whole or in part and refer the matter for a new trial in the Court of first instance.
 
Article 384. Validity of the determination of the Court of Cassation handed down through a private complaint or a private view of the Court of Cassation handed down through a private complaint or a private view, not subject to appeal and enters into force immediately after his conviction.
 
Section v. REVIEW of JUDGEMENTS (DECISIONS, definitions and regulations) which have entered into force CHAPTER 40. Proceedings before the Court of SUPERVISORY INSTANCE Article 385. The right to appeal to the Court of supervisory instance 1. Entered into legal force court rulings (decisions, determinations and orders) all courts of Turkmenistan may be appealed in the manner prescribed by this chapter, the Court of supervisory instance persons participating in case if their rights and legitimate interests are violated court orders.

2. Representations concerning the revision of court judgements which have entered into force, the Supreme Court of Turkmenistan have the right to ask the Attorney-General and Deputy Prosecutor General of Turkmenistan Turkmenistan on the basis of petitions of the persons participating in the case.
With views on the revision of judgements and definitions etrap, municipal courts, have entered into legal force, Bureau of velaâtskogo City Court and the Court with Mashhad prosecutors may apply to regions and cities with Mashhad based on motions of persons involved in the case.
 
Article 386. The deadline for applying to the Court of supervisory instance complaint or representation by way of supervision may be filed (lodged) within one year from the date of entry into force of court judgements.
 
Article 387. Procedure for filing complaint or view the Prosecutor 1. Supervisory complaint or view the Prosecutor is served directly to the Court of supervisory instance.
2. Reviewing the complaint or submission of the Prosecutor is served: 1) entered into legal force resolution and ruling of etrap, municipal courts, if they were not dealt with in the Court of Cassation and supervisory instance-velaâtskogo to the Presidency of the Court and the Court of the city of Mashhad with;
2) decisions and determine the regional courts and courts of the city of Mashhad with, if they were not subject to cassation and supervisory review in the Supreme Court of Turkmenistan, as well as the regional definition of Cassation courts and courts of the city of Mashhad and with decisions of the bureaux of the regional courts and the courts of velayat-rights in the judicial Board on civil cases of the Supreme Court of Turkmenistan;
3) to rulings of the judicial Board on civil cases of the Supreme Court of Turkmenistan in the Presidium of the Supreme Court of Turkmenistan;
4) decisions and determine the appeal of the Bureau and the plenary session of the Supreme Court of Turkmenistan at the plenum of the Supreme Court of Turkmenistan.
 
Article 388. The content of the complaint or submission of the Prosecutor 1. Supervisory complaint or representation of the Prosecutor shall contain: 1) the name of the Court who addressed the complaint or submission;
2) name of the person making the complaint or submission, his domicile or seat and the procedural position in the case;
3) the surname, forename and patronymic of others involved in the case, their place of residence or location;
4) indication of the courts hearing the case on the first or a Court of Cassation, and the contents of their decisions;
5) reference to judicial decisions that are appealed;
6) an indication of what is allowed by the courts to a fundamental breach of the law;
7) request any person making a complaint or providing representation.
2. Reviewing the complaint must be signed by the person filing the complaint or by his representative. The complaint, filed by a representative, attached power of attorney or other document evidencing his authority. The view must be signed by the Prosecutor.
3. Oversight complaint attached certified copies of relevant court judgments taken on the case.
4. Reviewing the complaint is served at Court together with its copies, the number of which corresponds to the number of persons involved in the case.
5. presentation of a Prosecutor is transferred to the Court, together with all copies thereof, the number of which corresponds to the number of persons involved in the case.
 
Article 389. Discovery Affairs 1. A civil case can be demanded from the appropriate court oversight for inspection by members of the Bureau of the regional courts and courts of the city of Mashhad and with judges of the Supreme Court of Turkmenistan, as well as regions and cities the prosecutors from Mashhad, the General Prosecutor of Turkmenistan or the Deputy General Prosecutor of Turkmenistan.
2. grounds for discovery are reviewing a complaint of persons mentioned in the first part of article 385 of the present Code, as well as prosecutors ' initiative, mentioned in the second part of that article, on the basis of petitions of the persons participating in the case.
3. In the absence of grounds for sacrificing the submission by the Prosecutor reported about this person on the request which the case was demanded to check, with an indication of the grounds for refusal, and the case is remanded to the Court from which it was demanded.
 
Article 390. The Court of supervisory instance after the receipt of the complaint or submission of the Prosecutor Supervising the complaint or submission of Prosecutor transmitted for consideration by the judges of the Court of Justice and the Court of velaâtskogo to Mashhad and Turkmenistan's Supreme Court.
 
Article 391. The return of the complaint or submission to the Prosecutor without substantive consideration of the Supervisory complaint or view the Prosecutor returned the judge without consideration on the merits within ten days from the date of their arrival in Court of supervisory instance if: 1) the complaint or submission does not meet the requirements prescribed by article 388 of the present code;
2) complaint or submission filed by a person not entitled to appeal to the Court of supervisory instance;
3) omitted term of appeal court decision on oversight and no complaint request for its restoration or reinstatement denied;
4) before taking to consideration of the merits of the complaint or submission received a request for their return or recall.
 
Article 392. Consideration of the complaint or submission of the Prosecutor 1. In the Court of supervisory instance supervisory complaint or view the Prosecutor considered within one month.

2. following the examination of the complaint or submission of the Prosecutor, the judge makes the determination of: 1) certiorari if there are doubts about the legitimacy of a court order;
2) denial of certiorari, if the arguments set forth in the complaint or submission in accordance with the law cannot entail the possibility of lifting the court order.
3. In determining the Court's denial of certiorari, motivations are described and it is sent to the person who filed the complaint, or the Prosecutor, he has an idea. In the determination of the Court shall include: 1) surname and initials of the judge ordering the definition;
2) time and place of the determination;
3) case in which a determination;
4) the name of the person who submitted the complaint or submission;
5) basis for denying certiorari.
4. In the case of a claim the judge is entitled to suspend the execution of the Court's decision before the end of the proceedings in the Court of supervisory instance when there is request, contained in the complaint or submission.
5. In case of refusal of certiorari complaint or representation of the Prosecutor, as well as copies of these court rulings remain in Court of supervisory instance.
 
Article 393. Cases, called the Court of supervisory instance 1. Istrebovannoe is a judge within one month from the date of receipt of the case. This period may be extended by the President of the Court or his Deputy to two months.
2. following the examination of the case, the Court of supervisory instance istrebovannogo, the judge shall determine: 1) refusal to refer the case for consideration on the merits in the Court of supervisory instance;
 
2) to refer the case for consideration by the complaint or submission of the Prosecutor on the merits in the Court of supervisory instance.
3. the case is transferred for consideration in Court of supervisory instance, seen in the Presidency of the Court and the Court of velaâtskogo the city with Mashhad-within one month, the judicial Board on civil cases of the Supreme Court of Turkmenistan and the Presidium of the Supreme Court of Turkmenistan-within two months, the plenum of the Supreme Court of Turkmenistan-within three months from the date of the determination, to refer the case to the Court of supervisory instance.
 
Article 394. Notice to persons involved in the case, to refer the case to the Court of supervisory instance 1. Court of supervisory instance sends the persons participating in the case, a copy of the Court to refer the case to the Court of supervisory instance and a copy of the complaint or submission of the Prosecutor. The time of the consideration of a case, the court assigns to that persons involved in the case, had the opportunity to appear at the court session.
2. Persons participating in case shall be informed about the time and place of the hearing. They can express their views in writing on the statement. The absence of the persons participating in case shall not preclude consideration of the case.
 
Article 395. Rejection of complaints and review submission 1. Complainant's oversight, has the right to refuse it in writing to the Court of supervisory instance prior to the adoption of its consideration on the merits.
2. the Prosecutor, brought representation by way of supervision has the right to withdraw it before the adoption of the submission for consideration on the merits. On the revocation of the submission are informed persons participating in the case. In the case of representation can not be cancelled or changed.
 
Article 396. The limits of case review 1. Before the supervisory Court verifies the legality and validity of judgements according to the materials within the arguments listed in the complaint and the view.
2. in cases provided for by the heads of 24-29 of this code, the Court of supervisory instance checks in full legality and validity of judgements.
 
Article 397.  The order of consideration of the case in the Court of supervisory instance 1. In a case in the Court of supervisory instance shall apply the rules laid down in the first part of Article 359 articles 361-363, 365 and 366 of the present Code, with the exceptions and additions specified in this article.
2. the case is being considered by way of supervision in the Presidium of the velaâtskogo Court and Court with Mashhad, reported to the President of the Court or on behalf of a member of the Bureau.
The case, seen by way of supervision within the judicial Board on civil cases of the Supreme Court of Turkmenistan, reported one of the judges Panel.
The case, considered in the order of supervision in the Presidium of the Supreme Court of Turkmenistan or the plenum of the Supreme Court of Turkmenistan, shall be reported to the President of the Court, his Deputy or on behalf of any member of the Bureau or the plenary, or have not previously participated in the proceedings before another judge of this Court.
3. the court hearing is attended by persons involved in the case, their representatives, other persons who filed a complaint, if their rights and legal interests are directly affected by any court order.
If the Prosecutor brought view participates in court: Prosecutor velayat or city with Mashhad-velaâtskogo in the Presidium of the Court and the Court of the city of Mashhad with;
the Prosecutor on the instructions of the General Prosecutor of Turkmenistan in the judicial Board on civil cases of the Supreme Court of Turkmenistan;
Turkmenistan's Prosecutor General or his Deputy-in the Presidium of the Supreme Court of Turkmenistan;
The General Prosecutor of Turkmenistan in the plenum of the Supreme Court of Turkmenistan.

4. the rapporteur sets out the circumstances of the case, the content of judicial rulings in the case, the motives of the complaint or submission of the Prosecutor and the Court to refer the case for consideration by the complaint or submission of the Prosecutor on the merits in the Court of supervisory instance. The rapporteur questions may be asked.
5. The persons referred to in section 3 of this article, if they were a court proceeding has the right to give explanations on the case. The first gives an explanation to the person who filed the complaint, or the Prosecutor, made the presentation.
6. Based on the results of consideration of the case in the Court of supervisory instance judicial Board on civil cases of the Supreme Court of Turkmenistan shall determine, and the Bureau of the Court and the Court of velaâtskogo the city with Mashhad, the Bureau or the plenum of the Supreme Court of Turkmenistan Decree.
7. In the case of all oversight matters are dealt with by a majority of votes. In voting in the Board, the Bureau or the plenary of none of the composition of judges may not abstain from voting.
8. a copy of the ruling or order shall be sent to the Court of supervisory instance persons participating in the case.
 
Article 398. Powers of the Court of supervisory instance 1. The Court, having considered the matter by way of supervision, shall have the right to: 1) leave the judgement (the decision, determination and ruling) without a complaint or view the Prosecutor for review by way of supervision-without satisfaction;
2) to revoke the judgement (the decision, determination and order) in whole or in part and refer the case for a new consideration;
3) undo the judgement (the decision, determination and order) in whole or in part and to discontinue the proceedings on the case or keep petition without consideration;
4) retain one taken in the case of judgements;
5) cancel or amend judgment (decision, determination and judgment) and make a new judgment without referring the matter for reconsideration, if you make a mistake in the application and interpretation of substantive law;
6) leave a complaint or view the Prosecutor without substantive consideration of the existence of grounds stipulated in article 391 of the code.
2. Indication of the superior court on the interpretation of the law are mandatory for the court hearing the case again.
 
Article 399. The grounds for the cancellation or modification of court orders by way of supervision 1. The grounds for cancellation or modification of court orders by way of supervision are unfounded or significant violation of material and procedural norms of law.
2. the decision, determination or order of the Court shall be subject to cancellation by way of supervision with the termination of the proceedings or abandonment of applications without consideration of the grounds specified in articles 259 and 261 of the criminal code.
 
Article 400. Be bound by the instructions of the court seized seised of the case by way of supervision 1. Specify the court seized seised of the case by way of supervision as set out in the definition or ruling, obligatory for the court seised of the case again.
2. the court hearing the case oversight may not install or take proven circumstances that were not installed in the solution or rejected them, prejudge questions about reliability or unreliability of this or that evidence about the superiority of one over the other evidence, as well as what must be applied a rule of substantive law and what decision should be made as a new case.
3. Similarly, the Court in the case of oversight, discarding Cassation definition may not prejudge the conclusions that can be made in cassation reconsideration.
 
Article 401. Definition and judgement of the Court 1. The content and consequences of definitions and court orders dealing with oversight of the case are determined by the rules set forth in articles 376 and 378 of the present code.
2. determination of the Board shall be signed by all judges who reviewed the case, the decision of the Presidency-the Presidency of the meeting of the Bureau, the plenum of the Supreme Court of Turkmenistan the Chairman and the Secretary of the plenary.
3. definition and judgement of the Court shall be attached to the case file, together with the complaint or submission.
 
Article 402. Minutes of the meeting of the plenum of the Supreme Court of Turkmenistan 1. The plenum of the Supreme Court of Turkmenistan is Protocol.
2. The report of the meeting shall indicate: the date of the meeting, the participants of the meeting, agenda, summary of statements of persons participating in the meeting, as well as the decision on the case.
3. the Protocol signed by the Chair and the Secretary of the plenary.
 
CHAPTER 41.  REVISION of JUDGEMENTS (DECISIONS, definitions and regulations) on the NEWLY REVELED CIRCUMSTANCES Article 403. Grounds for revision 1. Court rulings (decisions, determinations and orders), which entered into legal force may be reviewed under the new circumstances.
2. Reasons for revision of judgements (decisions, determinations and orders) on new circumstances are: 1) essential for circumstances, which were not and could not be known to the applicant;

2) established by the verdict of the Court, which entered into legal force, false testimony, false opinion, knowingly false translation, by documents or physical evidence, have for a ruling of unlawful or unwarranted decision;
3) established by entered into legal force court verdict criminal acts of the parties and other persons involved in the case or their representatives or criminal acts by judges in the case;
4) cancellation of the decision, verdict, finding or judgment or ruling of a State or other authority giving rise to the imposition of the judgement (decisions, determinations and orders).
 
Article 404. Courts reviewing the rulings (decisions, determinations and orders) on the newly reveled circumstances 1. Entered into legal force court rulings (decisions, determinations and orders) shall be reviewed newly reveled circumstances the Court made this decision.
2. review on new circumstances, definitions and regulations of Cassation or supervisory instance, which changed the decision of the Court of first instance or decreed a new decision is made by a court decision that changed or made a new decision.
 
Article 405. Initiation of production of 1. Production on the revision of the judicial decision (decision, ruling or order) on new circumstances are brought before the Court, appointed the judgement (the decision, determination or order) on the application of the persons participating in the case as well as on the recommendation of the Procurator, on the basis of petitions of the persons participating in the case.
2. Statement or representation may be filed within three months from the date of establishing the circumstances giving rise to the revision.
3. in the statement or the submission of a revision of the judicial decision (decision, ruling or order) on the newly reveled circumstances must be shown evidence that newly discovered circumstances.
 
Article 406. The term for filing an application deadline for submission of application is calculated: 1) in the cases provided for in paragraph 1 of part two article 403 of the present Code, since the circumstances essential to the case;
2) in the cases provided for in paragraphs 2 and 3 of part 2 of article 403 of the present Code, from the date of entry into force of a verdict in a criminal case;
3) in the cases provided by paragraph 4 of part two article 403 of the present Code, from the date of entry into force of the judgement, decision, ruling, court order or from the date of issuance of the State or other authority regulations contrary to the content of the sentence, decision, determination or order, on which the revised based judgement (the decision, determination or order).
 
Article 407. Consideration of the application, an application for revision of a judgment (decision, ruling or order) on new circumstances the Court considers in court. The claimant and other persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of the application.
 
Article 408. Court for revision of a judgment (decision, ruling or order) 1. The Court, having considered the application for revision of a judgment (decision, ruling or order) on new circumstances, or satisfies the statement and cancels the decision, determination or order, or refuse to review.
2. Following the lifting of a court order (decision, ruling or order) is according to the General rules established by the present code.
3. The decision of the Court on the revision of the judicial decision (decision, ruling or order) on the newly discovered evidence may be filed a private complaint or brought by the Prosecutor involved in representation case or acknowledge the presentation about the revision of judgements on new circumstances.
 
SECTION VI. CASES involving foreign PERSONS CHAPTER 42. GENERAL PROVISIONS Article 409. The procedural rights and duties of foreign citizens 1. Foreign citizens, persons without citizenship, foreign organizations, international organizations (hereinafter referred to as foreign persons) are entitled to apply to the courts of Turkmenistan to protect its violated or disputed rights, freedoms and lawful interests.
2. foreign persons shall enjoy procedural rights and perform procedural duties equally with the citizens and organizations of Turkmenistan.
3. The proceedings on cases involving foreign persons is carried out in accordance with the present code and other normative legal acts of Turkmenistan.
4. The legislation of Turkmenistan can be mounted retaliatory restrictions on foreign nationals of those States in which courts are allowed special restrictions on procedural rights of citizens and organizations of Turkmenistan.
 
Article 410. Civil procedural legal capacity and capability of foreign citizens, persons without citizenship 1. Civil procedural legal capacity and capability of foreign citizens, persons without citizenship are determined by their personal law.

2. the personal law of the foreign citizen is entitled to the citizenship of the country where the citizen has. If a citizen along with citizenship of Turkmenistan has a foreign nationality, its personal law shall be considered the law of Turkmenistan. Membership of such person to citizenship of a foreign State is not recognized by the courts of Turkmenistan.
3. The personal law of persons without citizenship is considered to be the law of the country in which that person has his domicile and, in the absence of such agreement, the law of the State of his habitual residence.
4. a person that is not based on personal law procedural active legal capacity may be recognized on the territory of Turkmenistan procedurally capable, if it is in accordance with the legislation of Turkmenistan has standing.
 
Article 411. Standing of foreign organizations and international organizations 1. Personal law of a foreign organization is considered to be the law of the country in which the Organization was established. On the basis of personal law, a foreign organization is determined by its standing.
2. Foreign Organization with no according to personal law standing may be on the territory of Turkmenistan is recognized as a legal personality in accordance with the legislation of Turkmenistan.
3. standing international organization is established on the basis of an international treaty under which it was created, its constituent documents or agreements with the authorized body of Turkmenistan.
 
CHAPTER 43. JURISDICTION of CASES involving foreign PERSONS Article 412. Application of the rules of jurisdiction 1. Jurisdiction of cases involving foreign persons the courts of Turkmenistan shall be determined, unless otherwise provided by the rules of this chapter, according to the rules of Chapter 4 of this code.
2. the courts of Turkmenistan are considering the cases involving foreign citizens, if the citizen-the defendant has his domicile in Turkmenistan or the defendant organization is located on the territory of Turkmenistan.
3. the courts of Turkmenistan may also hear cases involving foreign persons, if: 1) control branch or representative office of a foreign person is in the territory of Turkmenistan;
2) the defendant has property located on the territory of Turkmenistan;
3) in the case of alimony exaction and on establishing paternity, the plaintiff has his domicile in Turkmenistan;
4) in the case of compensation for harm caused by an injury, other impairment of health or death of the breadwinner, the damage caused in the territory of Turkmenistan or the plaintiff has his domicile in Turkmenistan;
5) in the case of damages caused to property, act or other circumstance giving rise to a claim for damages had occurred on the territory of Turkmenistan;
6) a lawsuit arises from a treaty, by which the total or partial execution should take place or has taken place in the territory of Turkmenistan;
7) claim arises from unjust enrichment, which occurred on the territory of Turkmenistan;
8) in the case of divorce, the plaintiff has his domicile in Turkmenistan, or at least one of the spouses is a citizen of Turkmenistan;
9) in the case of protection of honour, dignity and business reputation of the plaintiff has his domicile in Turkmenistan.
4. the courts of Turkmenistan are considering the case and others, if the legislation of Turkmenistan, they are assigned to their competence.
 
Article 413. Exclusive jurisdiction over cases involving foreign persons 1. The exclusive jurisdiction are: 1) the case on the law on immovable property situated in the territory of Turkmenistan;
2) cases on disputes arising from the contract of carriage, if the carriers are on the territory of Turkmenistan;
3) cases concerning the dissolution of marriage, the citizens of Turkmenistan with foreign nationals or stateless persons if both spouses have their place of residence in Turkmenistan;
4) case referred to in article 272 of the criminal code.
2. Courts consider cases of special proceedings if: 1), the complainant in the case of the establishment of the fact of having legal significance, has a place of residence in Turkmenistan or the fact that you want to install, had or have taken place in the territory of Turkmenistan;
2) citizen, in respect of which the disclaimer is served the legal capacity of a citizen or for recognition of his work, to forcibly place the citizen in the institutions with a special custodial regime, is a citizen of Turkmenistan or has a place of residence in Turkmenistan;
3) a person in respect of whom the application for recognition of untraceable or declaring dead, is a citizen of Turkmenistan or had a last known place of residence in Turkmenistan and at the same time, resolve this issue depends on the establishment of rights and obligations of citizens with residence in Turkmenistan, organizations that have a location in Turkmenistan;
4) filed an application for recognition of immovable property situated in the territory of Turkmenistan, absentee and transfer it into State ownership;
5) filed a statement about the annulment of lost or destroyed instrument payable to bearer, issued by a national or a citizen with (having) place of residence in Turkmenistan, or organization or entity in the territory of Turkmenistan.
 
Article 414. Contractual jurisdiction of cases involving foreign persons
 

1. in the case of persons with a foreign party may agree to change the jurisdiction prior to the adoption of his court to its production.
2. Jurisdiction of cases involving foreign persons, established by articles 38, 40 and 413 of this code cannot be changed by agreement of the parties.
 
Article 415. Invariance of venue Case taken to the Court of Turkmenistan in compliance with the rules of jurisdiction allowed them on the merits, even if, in connection with the change of nationality, domicile or residence of the parties or other circumstances it has become under the Court of a foreign State.
 
Article 416. Procedural consequences of the handling of cases by the Court of a foreign State 1. The courts of Turkmenistan denied making the claim or terminate proceedings if there is a court decision on the dispute between the same parties concerning the same subject and on the same grounds, the Court of a foreign State with which an international agreement Turkmenistan providing for mutual recognition and enforcement of court decisions.
2. the courts of Turkmenistan shall return the petition or leave petition without consideration, if the Court of the foreign State whose decision is subject to recognition or enforcement in the territory of Turkmenistan, had previously been prosecuted over a dispute between the same parties concerning the same subject and on the same grounds.
3. the provisions of the first and second parts of this article are without prejudice to the cases in which the matter was within the exclusive jurisdiction of the courts of Turkmenistan.
 
Article 417. Letters rogatory 1. The courts of Turkmenistan perform before them in the manner prescribed by law or an international treaty to which Turkmenistan, orders of the courts of a foreign State to commit individual procedural acts (delivery of notices and other documents, receiving explanations of the parties, the testimony of witnesses, expert opinions, examination on the spot and others).
2. Order of the Court of a foreign State to commit individual proceedings not be enforceable if: 1) execution of the instruction may impair the sovereignty or threatens the security of Turkmenistan;
2) execution of the instruction does not fall within the competence of the Court.
3. execution of orders of the courts of a foreign State shall be effected in the manner prescribed by the legislation of Turkmenistan, unless otherwise stipulated by an international treaty to which Turkmenistan is a party.
4. the courts of Turkmenistan may have recourse to the courts of a foreign State with orders to commit individual procedural acts. Order relations of courts in Turkmenistan with the courts of a foreign State shall be determined by the legislation and international treaties to which Turkmenistan is a party.
 
Article 418. Recognition of documents issued, made or certified by the competent authorities of foreign States 1. Documents issued by the certified public accountants or in the prescribed form by the competent authorities of foreign States outside Turkmenistan under the laws of the foreign States in respect of Turkmenistan citizens or organizations or foreign persons are accepted by the courts of Turkmenistan if available, unless otherwise required by law or international treaties to which Turkmenistan is a party.
2. Documents drawn up in a foreign language must be submitted to the courts of Turkmenistan with their duly certified translation into the national language of Turkmenistan.
 
Article 419. The establishment of foreign law 1. The law in force in another State, if it is not known to the Court in Turkmenistan can be established by providing evidence.  
2. The parties and other participants in the process should contribute to the establishment of a law of a foreign State and provide the Court with all available evidence.
3. the Court may make an order about attracting expert. When determining the right of a foreign State, the expert is not bound to the formal provisions of the law on the provision of evidence and can use all available sources of information.
 
CHAPTER 44.  Recognition and enforcement of DECISIONS of the COURT of a FOREIGN STATE Article 420. The decision of the Court of a foreign State 1. Under the decision of a Court of a foreign State shall be understood to mean a decision on civil cases, except in cases of economic disputes and other cases related to the implementation of entrepreneurial and other economic activity, the sentence in part compensation for the damage caused.
2. the decision of the Court of a foreign State may be presented to the enforcement within three years from the date of entry into force of the decision of the Court of a foreign State. Deadline missed for a good reason, can be restored by a Court of Turkmenistan in the manner provided for in article 108 of this code.
 
Article 421. Recognition of the decision of the Court of a foreign State 1. The decision of the Court of a foreign State may be recognized in Turkmenistan on the basis of the principle of reciprocity, except as provided by paragraph 2 of this article.
2. the decision of the Court of a foreign State may not be recognized if: 1) examination of the case fall within the exclusive jurisdiction of the courts of Turkmenistan;
2) the defendant was not duly notified of the time and place for the consideration of the case or for a good reason could not present their counterclaims;

3) has entered into legal force court decision of Turkmenistan adopted a dispute between the same parties concerning the same subject and on the same grounds or a court in Turkmenistan has launched a case in a dispute between the same parties concerning the same subject and on the same grounds to institute proceedings in a foreign court;
4) decision is contrary to the decision rendered in Turkmenistan or recognized by the earlier decision of the Court of a foreign State, or process under way in Turkmenistan;
5) recognition of the decision of the Court of a foreign State leads to consequences that are clearly contrary to the principles of the Constitution of Turkmenistan.
 
Article 422. Pursuant to the decision of the Court of a foreign State 1. If the decision of the Court of a foreign State to be recognized in Turkmenistan, the enforcement of the decision of the Court of a foreign State is made on the basis of the Court's determination on its execution.
2. the application for enforcement of the judgment of the Court of a foreign State is dealt with in the manner prescribed by section "production" Claim this code.
3. the Court only checks for conditions for the recognition of decisions; they had not checked the legality of the decision.
4. determination of the performance of the decision of the Court the Court of a foreign State must be issued after the entry into force of the decision of the Court of a foreign State, adopted by the law of the country in which it is taken.
 
CHAPTER 45. JURISDICTIONAL IMMUNITY of a FOREIGN STATE and its property Article 423. Immunity of a foreign State, a foreign State enjoyed jurisdictional immunity in Turkmenistan, including judicial immunity, immunity from suit and immunity from enforcement of a court order, except in the cases stipulated by this code.
 
Article 424. Judicial immunity in accordance with the provisions of this code, a foreign State does not enjoy judicial immunity in Turkmenistan if it agreed to the waiver of immunity or to foreign State immunity does not apply pursuant to article 430 of this code, as well as if it has undertaken other activities than the exercise of the sovereign authority of the State, including in the cases referred to in articles 431-437 of the present code.
 
Article 425. The consent of the foreign State to the jurisdiction of the Court of Turkmenistan 1. Admits that the foreign State has agreed to waive immunity, unless it expressly consented to the exercise of jurisdiction by the Court with regard to the case of Turkmenistan, including: 1) in an international instrument of Turkmenistan;
2) in a written agreement, which is not an international treaty to which Turkmenistan;
3) by statements in Court of Turkmenistan or written notification within a given trial.
2. the consent of the foreign State for the waiver of immunity shall not be regarded as consent to the waiver of immunity from suit and immunity from enforcement of the judgement.
3. the consent of the foreign State on the application of the legislation of Turkmenistan shall not be regarded as consent to the waiver of immunity.
 
Article 426. Participation of a foreign State in the proceedings 1. Admits that the foreign State has agreed to waive immunity, if that State was a party to the proceedings initiated on its initiative in Court of Turkmenistan, or entered into the proceedings on the merits in the Court of Turkmenistan, or taken any other action on the merits in the Court of Turkmenistan.
2. the consent of the foreign State for the waiver of immunity extends to all stages of the proceedings.
3. If the State proves in court that before it undertook the actions referred to in paragraph 1 of this article, it could not be known the facts which gave rise to declare judicial immunity, it could invoke jurisdictional immunity on the basis of these facts immediately after they were brought to his attention.
4. A foreign State is not seen as relinquished judicial immunity, if it intervenes in proceedings before a Court of Turkmenistan or takes any other action for the purpose to refer to judicial immunity or prove its right in respect of property that is the subject of the proceedings.
5. Appearance of a representative of a foreign State in the Court of Turkmenistan to testify shall not be regarded as consent of the State to waive immunity.
6. If a foreign State which is a party to the proceedings, is not involved in the proceedings before the Court of Turkmenistan, this fact alone cannot be interpreted as consent to the waiver of immunity.
 
Article 427. Waiver of immunity in respect of counterclaim 1. Foreign State who sued in the Court of Turkmenistan, who admits to a waiver of immunity in respect of any counterclaim arising out of, based on the same legal relationship or facts as the original claim.
2. A foreign State who counterclaim the Court of Turkmenistan, who admits to a waiver of immunity in respect of the initial claim.
 
Article 428. Waiver of immunity in respect of arbitral proceedings
 

If a foreign State consented in writing for consideration in the arbitration of disputes with his participation, which have arisen or which may arise in the future, admits that for these disputes it voluntarily agreed to waive immunity in matters relating to the exercise by the Court of Turkmenistan functions in relation to arbitration.
 
Article 429. Withdrawal of consent for waiver of immunity of a foreign State, the withdrawal of consent to waive immunity, immunity from suit and immunity from enforcement of the judgement shall not be permitted, except in cases where the validity of a revocation of consent expressly provided for in the agreement with the other party to the dispute.
 
Article 430. Non-application of judicial immunity on disputes related to violation of the jurisdictional immunity of a foreign State of Turkmenistan does not enjoy judicial immunity in Turkmenistan, as well as immunity from suit and from enforcement of judicial rulings on disputes related to violation of such foreign State jurisdictional immunity of Turkmenistan and its property unless otherwise stipulated by an international treaty.
 
Article 431. Non-application of judicial immunity on disputes arising from business activities 1. The foreign State does not enjoy judicial immunity in Turkmenistan on disputes that have arisen in implementing the State of entrepreneurship in Turkmenistan.
2. A foreign State does not enjoy judicial immunity in Turkmenistan on disputes arising from civil-law transactions outside business activities that that State has committed or with which it is connected otherwise than in the exercise of the sovereign authority of the State.
3. in determining whether civil law transaction soveršënnaâ by a foreign State or to which it is bound, activities related to the implementation of its sovereign authority, Court of Turkmenistan takes into account the nature and purpose of such civil-law transactions.
 
Article 432. Non-application of judicial immunity for disputes involving equity participation in legal persons the foreign State does not enjoy judicial immunity in Turkmenistan on disputes concerning his participation in entrepreneurial and non-entrepreneurial legal entities established in accordance with the legislation of Turkmenistan or having a principal place of business in Turkmenistan.
 
Article 433. Non-application of judicial immunity on disputes concerning property rights a foreign State does not enjoy judicial immunity in Turkmenistan on disputes concerning: 1) his rights to real property, which is located on the territory of Turkmenistan, as well as its obligations related to such property;
2) his property rights arising on grounds not related to the exercise of the sovereign authority of the State.
 
Article 434. Non-application of judicial immunity for damages disputes (harm) the foreign State does not enjoy judicial immunity in Turkmenistan on disputes about compensation for harm caused by that State of life and (or) health, and damage caused to property, if the claim arose from property damage action (omission) or circumstance, in whole or in part occurred in Turkmenistan.
 
Article 435. Non-application of judicial immunity on disputes relating to objects of intellectual property rights 1. The foreign State does not enjoy judicial immunity in Turkmenistan on disputes relating to the establishment and implementation of its intellectual property rights.
2. A foreign State does not enjoy judicial immunity in Turkmenistan on disputes concerning an alleged infringement by the State, the rights of others intellectual property.
 
Article 436. Non-application of the judicial immunity of labour disputes 1. The foreign State does not enjoy judicial immunity in Turkmenistan on labour disputes arising between that State and the employee regarding the work which has been or is to be performed wholly or partly in Turkmenistan, except as provided by paragraph 2 of this article.
2. The rule of the first paragraph of this article shall not apply in cases where: 1) the employee at the time of institution of proceedings is a national of the employer State to work, unless the employee has a permanent place of residence in Turkmenistan;
2) the employee has been recruited to perform functions in the exercise of the sovereign authority of the State;
3) subject-matter of the dispute is the conclusion or renewal of an employment contract.
 
Article 437. Immunity on the disputes connected with the exploitation of the sea-going and inland navigation vessels 1. A foreign State is the owner of the ship or inland waterway craft or operator of such a vessel does not enjoy judicial immunity in Turkmenistan on disputes concerning the operation of this ship or the carriage of cargo the vessel if, at the time the cause of action arose, the ship was raised and was used for other than government non-commercial purposes.
2. rule of part one of this article shall not apply to:

1) warships and naval auxiliary vessels, as well as goods carried on board such warships and vessels;
2) cargo belonging to the State and used or intended for use exclusively for government non-commercial purposes, regardless of which ship this cargo is transported.
3. for the purposes of the application of this article, disputes concerning the operation of the vessel, are understood, including disputes regarding: 1) collision of vessels, port and damage of hydraulic structures or other shipping accidents;
2) relief, rescue operations and general average;
3) supplies, repairs and other works, the provision of services relating to the ship;
4) effects of pollution of the marine Wednesday;
5) lift the sunken property.
 
Article 438. Immunities from suit and from the enforcement of the judgement the foreign State enjoys immunity from suit and immunity from enforcement of the judgement, unless: 1) the foreign State has expressly consented to the waiver referred to in this article types of jurisdictional immunity using one of the methods provided for by part one of article 425 of this code;
2) the foreign State has allocated or earmarked property otherwise in case of satisfaction of the claim which is the subject of proceedings before the Court of Turkmenistan;
3) assets of a foreign State on the territory of Turkmenistan, is used and (or) intended to be used by a foreign State for purposes other than the exercise of the sovereign authority of the State.
 
Article 439. Property used to exercising sovereign power is not seen as property used and (or) designed for use by a foreign State for purposes other than the exercise of the sovereign authority of the State (paragraph 3 of article 438 of the present Code), including the following: 1 a foreign State property), property (including money held in the bank account) that is used or intended for the exercise of the functions of diplomatic missions of a foreign State or its consular posts , special missions, missions to international organizations, or delegations of foreign States to organs of international organizations or to international conferences;
2) military assets and (or) property used in peacekeeping operations recognized Turkmenistan;
3) cultural values or archival documents, not for sale or non-sale.
 
Article 440. Proceedings in cases involving a foreign State cases involving a foreign State courts of Turkmenistan concerning the rules of proceedings of Turkmenistan, including the rules of jurisdiction applicable to legal persons, including foreign legal persons, unless otherwise stipulated by this code or other normative legal acts of Turkmenistan.
 
 
Article 441. The procedure for resolving the question of the immunity of a foreign State, the question of whether using or not a foreign State enjoys judicial immunity shall be decided by the Court in hearing with a call to the parties.
 
Article 442. The decision of the Court of Justice of Turkmenistan issues about providing action and enforcement of judicial rulings on disputes involving a foreign State 1. Questions related to action and enforcement of judicial decisions, which shall be made in relation to a foreign State, a Court of Turkmenistan decides depending on the presence or absence of foreign State immunity from suit accordingly and immunity from enforcement of the judgement.
2. In cases when the failure to take urgent measures may make it difficult or impossible for the execution of the judgment, in particular in relation to the likely destruction, damage, move or otherwise dispose of the property in order to prevent the execution of a judgment, the Court of Turkmenistan if it has reasonable grounds to believe that a foreign State is relevant immunity, may take on the request of one of the Parties decision on security action and enforcement of a judgment. This decision does not deprive a foreign country the right to contestation, with reference to the existence of a corresponding immunity.
3. enforcement of judgments against foreign countries, is carried out on the basis of the legislation of Turkmenistan on enforcement proceedings.
 
Article 443. To assist the Court of Turkmenistan on the application of this code 1. The Ministry of Foreign Affairs of Turkmenistan Turkmenistan court upon request or on its own initiative, provides information on issues related to the use of this code in relation to a foreign State, including whether the party in respect of which raises the question of the jurisdictional immunity of a foreign State, whether there was work on the implementation of the sovereign authority of the State in which the amount granted Turkmenistan jurisdictional immunity in the foreign country.

2. the Court of Turkmenistan may also apply in the prescribed manner in relation to the matters in dispute, for promoting and explaining to other bodies and organizations in Turkmenistan and abroad or attract experts. Received opinion and clarifications are evaluated by the Court of Turkmenistan taking into account the totality of evidence in the case.
 
Article 444. Direction and service of procedural documents to a foreign State 1. The direction of the foreign State the notice instituting proceedings against him in the courts of Turkmenistan and other judicial documents shall be effected through diplomatic channels. The date of the delivery of these documents shall be the date of receipt of their executive authority in charge of Foreign Affairs of the State concerned.
2. Orders of the courts of Turkmenistan on the service of documents and committing to a foreign State in connection with the case, a lawsuit brought against him in a Court of Turkmenistan, other legal proceedings shall be made in the manner prescribed by normative legal acts of Turkmenistan and international treaties to which Turkmenistan is a party, governing the provision of legal aid.
 
Article 445. Default judgment Decision in relation to a foreign State, not accepted for participation in the proceedings before the Court of Turkmenistan, could be ordered if the Court determines that: 1) met the requirements of article 444 of the present code;
2) from the date of the order for service to the foreign State documents instituting proceedings against him have passed not less than six months;
3) in accordance with the provisions of this code, the State does not enjoy judicial immunity.
 
Annex No. 1 POSITION on the COURT of ARBITRATION Article 1. Citizens may refer any dispute between them the dispute to arbitration, except for disputes arising from employment and family relations.
In the event of a dispute contract to refer a dispute to arbitration must be concluded in writing.
Article 2. The arbitral tribunal is organized each time upon a separate agreement of the parties.
Article 3. The arbitral tribunal shall be formed at the discretion of the parties, composed of a single judge or a panel of judges elected in equal numbers by each party, and one judge on the general election.
Article 4. Members of the Court of arbitration may not be: 1) persons who have not attained the age of majority;
2) persons under guardianship or Trusteeship;
3) persons deprived of the right to hold a court sentence posts in the organs of the Court and the public prosecutor's Office or to practice law, within the time limit specified in the sentence;
4 people with outstanding) or removed from the record.
Article 5. Treaty on the transfer of dispute to arbitration should contain: 1) the name of the parties and their place of residence;
2) subject-matter of the dispute;
3) surname, name, patronymic of the elected judges;
4) deadline for settlement of the dispute;
5) place and date of drawing up the Treaty.
Article 6. Change of judges before the end of the consideration of the case is not allowed. A party is entitled to cancel the agreement if he proves that any judges interested in the outcome of the case and that this fact was not known to it at the conclusion of the contract.
Article 7. In the event of death, departure or severe illness of one of the judges is to elect a new magistrate to appoint the party that elected the retired judge, what is done is the inscription on the arbitration record, signed by all the rest of the judges and parties.
Article 8. Proceedings in arbitration courts is done for a fee, on a contractual basis in accordance with the concluded agreement.
Article 9. Citizens who have concluded the agreement on transfer of dispute on consideration of the Arbitration Court is not entitled to renounce it before the expiry of the period provided for in the arbitration record, except in the cases referred to in article 6 of this regulation.
Article 10. The arbitral tribunal is not bound by the rules of procedure, set out in the civil procedure code of Turkmenistan. However, he could not solve the case without hearing the explanations of the parties, except in cases when a party refuses to appear in court to give explanations.
Article 11. The Arbitration Court is declared void: 1) as a result of the expiration of the time limit provided for in the arbitration record;
2) owing to the refusal of any of the judges or eliminate such (article 6 of this Regulation);
3) if case opens the circumstance giving rise to criminal prosecution with respect to a party, and which may have an impact on the outcome of the case;
4) in the event of the death of one of the parties.
Article 12. The decision of the Arbitration Court decides on most votes.
Article 13. The decision sets out in writing, it must be specified: 1) time and place orders decisions and arbitral tribunal;
2) arbitration record, on which the Court acted;
3) name of all parties of the dispute;
4) subject-matter of the dispute;
5) the grounds on which the arbitral tribunal came to their conclusions;
6) the arbitral tribunal.
Article 14. The decision shall be signed by all judges.
Article 15. The decision is declared by the parties at a session of the Court on what they put their signature on the decision. In case of refusal of the parties from signing or failure without valid reasons in the Court of session decision is considered it declared what is marked on the decision of the Chair.
Article 16. All production of the Arbitration Court after the end of the consideration of the case is transferred for storage in ètrapskij, the city court in whose territory the crime occurred arbitral tribunal.

Article 17. The decision of the Arbitration Court, not executed voluntarily enforceable force based on the writ of execution issued by the ètrapskim, City Court.
Article 18. On the judge's refusal to issue a writ of execution within ten days from the date of denial may be lodged by a private complaint.
Article 19. After the entry into force of the judge's determination on the refusal to issue a writ of enforceable dispute could be resolved in a court, upon application by the party concerned in this side.
 
Annex No. 2 POSITION on the restoration of the LOST LEGAL PROCEEDINGS Article 1. Restoration of the lost entirely or in part of the proceedings in a civil case, the identity of the judgement or termination, shall be carried out by the Court in the manner prescribed by these regulations.
Article 2. The thing about recovering lost legal proceedings instituted upon application by persons involved in the case.
Stat′â3. A statement on the reinstatement of the proceedings in the Court that rendered judgment on the merits of the dispute or the definition of termination of proceedings.
Article 4. The statement must be specified: about restoring what production requests the complainant whether taken by a court decision on the merits of either case, what procedure the position he held in it the applicant, who has been involved in the case and in what procedure the situation, their location or their stay, that the applicant is aware of the circumstances of the loss of production, about the whereabouts of copies of documents or production information , restoring what documents the applicant considers it necessary, for what purpose, you must restore them.
Article 5. Preserved shall be enclosed with the application and relevant documents or their copies, even if they are not authenticated in the prescribed manner.
Article 6. Statement on the restoration of lost production is not paid State fee.
Article 7. When considering a case, the Court uses preserved part of production, documents issued out of business until the production of individuals, copies of these documents and other materials relevant to the case.
Article 8. The Court may interrogate as witnesses of persons present when performing procedural actions and, if necessary, persons who have the Court considered a case in which lost production, as well as those delegated to the Court's decision.
Article 9. The Court's decision or determination of cut-off if it was rendered in the case, is subject to compulsory rehabilitation.
Article 10. In the Court's decision on the restoration of the lost of a judicial decision or determination to terminate the proceedings indicated, on the basis of which specific data submitted to the Court and examined in court, with the participation of all actors in lost production, the Court considers the established content recovered judgment.
Article 11. In the preamble to the decision on the restoration of lost production also indicates the Court's conclusions on the evidence of what evidence a court were investigated and what procedural acts were committed on lost production.
Article 12. In case of insufficiency of collected materials for precise reconstruction of the judicial rulings on lost Court stops proceedings definition production statements about restoring production and clarifies the persons participating in the case, the right to sue in a general way.
Article 13. Consideration of the application for reinstatement of the judicial rulings on lost production is limited to a period of its storage. However, in the case of a statement on the restoration of the lost production for his performance when the deadline for the presentation of a writ of execution to execution expired and the Court is not restored, the Court also stops the proceedings on the application.
Article 14. Judgements on applications for restoration of lost production will be appealed in the manner prescribed by law.
Article 15. When knowingly false statement, court costs of initiating proceedings on the application for restoration of lost production, recovered from the applicant.