Arbitration Procedure Code Of Turkmenistan

Original Language Title: Арбитражный процессуальный кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8374

CONTENTS

Chapter 1.
GENERAL PROVISIONS CHAPTER II COMPOSITION OF THE COURT. Taps
CHAPTER Sh Jurisdiction and venue
CHAPTER IV. Trial participants
CHAPTER V. REPRESENTATION IN COURT
CHAPTER VI.
EVIDENCE CHAPTER VII. LEGAL EXPENSES
CHAPTER VIII. Procedural deadlines
CHAPTER IX. Suing
CHAPTER X. preparation of cases for trial
CHAPTER XI. ENFORCEMENT ACTION
CHAPTER XII. TRIAL
Chapter XIII. Suspend the proceedings
Chapter XIV. Termination of proceedings
CHAPTER XV. LEAVING claim without consideration
CHAPTER XVI. DECISION OF THE COURT
CHAPTER XVII. DEFINITION OF THE COURT
Chapter XVIII. Especially the production of certain categories of cases
CHAPTER XIX. PRODUCTION on appeal
Chapter XX. PRODUCTION supervisory instance
CHAPTER XXI. Revising judicial acts on newly discovered circumstances
Chapter XXII. Execution of Judicial Acts


Arbitration Procedure Code of Turkmenistan

Chapter 1. GENERAL PROVISIONS

Article 1. Arbitration proceedings

The arbitration proceedings are carried out provincial and Ashgabat city court, the Arbitration Court of Turkmenistan and the Supreme Court of Turkmenistan (hereinafter imenuyutsya- Court) by the resolution of disputes arising out of economic relations or of legal relations in the sphere of management and other cases assigned to their competence by this Code and other laws.

Article 2. Objectives of the arbitration proceedings

The objectives of the arbitration proceedings are:
1) protection of violated or disputed rights and legitimate interests of legal entities and natural persons having the status of the entrepreneur (hereinafter referred to as the -physical person);
2) Promoting the rule of law in the economic sphere.

Article 3. Legislation on arbitration proceedings

1. The arbitration proceedings are carried out on the basis of the Constitution of Turkmenistan and in accordance with the Law of Turkmenistan "On judicial system and status of judges in Turkmenistan" and the present Code. Features of proceedings on certain categories of disputes may be established by other laws of Turkmenistan.
2. The arbitration proceedings shall be conducted in accordance with the law in force in the period of the proceedings, the commission of certain proceedings or enforcement of the judgment. 3
. Arbitration Procedure Act, which imposes new obligations, abolish or infringe the rights belonging to the participants of the process, limiting the rights of use of additional terms and conditions shall not be retroactive.

Article 4. The right to appeal to the court


1. The court has the right to apply for protection of their violated or disputed rights and legitimate interests of legal entities and individuals.
2. In cases provided by this Code, the right to appeal in court to protect national and public interests have a public prosecutor, public authorities, local authorities and other bodies. 3
. Foreign legal and natural persons may apply to the Court of Turkmenistan in the cases stipulated by this Code and other laws and international treaties of Turkmenistan or agreements of the parties.
4. If the law or the contract provides a pre-trial procedure for settling the dispute, the dispute may be taken to the court only after compliance with such an order.

Article 5. Independence of judges in arbitration cases

In considering arbitration proceedings judge be independent and subject only to the Constitution and laws of Turkmenistan. Any interference of any bodies, organizations and officials in the judicial activities are not allowed and shall entail liability established by the legislation of Turkmenistan.

Article 6 of competitiveness and equality of the parties

The arbitration proceedings are conducted on the basis of competition and on the basis of equality of parties before the law, regardless of location, property and ownership of legal entities and natural persons are concerned, regardless of sex, nationality, language, origin, place of residence, religion, beliefs, type and nature of occupation and other circumstances.

Article 7. The language of proceedings

1. The arbitration proceedings shall be conducted in the official language of Turkmenistan.
2. The participants of the trial, did not know the language of proceedings are entitled to get acquainted with the case materials, participate in the proceedings through an interpreter.

Article 8. Publicity of the trial

1. Cases made in open court.
2. By order of the Court held a closed trial session:
1) for the protection of state secrets;
2) when a court petition of a party, referring to the need to maintain the service, commercial and other secrets;
3) in other cases stipulated by law.

Article 9. The immediacy of research evidence

The arbitration proceedings are carried out directly by the court investigation of all evidence in the case.

Article 10. Applicable law

1. Courts decide cases, guided by the Constitution and laws of Turkmenistan, other normative legal acts of Turkmenistan, Turkmenistan's international agreements.

2. Legislation in other states apply if it is stipulated by international agreements of Turkmenistan, as well as the agreements of the parties. In the absence of foreign law governing the controversial relationship, the relevant rules of law of Turkmenistan. 3
. In the absence of legislation governing the controversial relationship, the applicable law governing similar relations, and in the absence of such legislation is permitted to deal on the basis of general principles and sense legislation.

Article 11. Obligation of judicial acts

1. The Court takes judicial akty- solutions, the statutes and judgments.
2. Court acts that have entered into force, as well as the legal requirements of the court order, calls and other appeals court are binding on the entire territory of Turkmenistan. 3
. Failure to comply with a judicial act, as well as contempt of court entail liability under the legislation of Turkmenistan.
4. Execution of the territory of Turkmenistan of judicial decisions of foreign courts, international courts and arbitration conducted in accordance with international treaties of Turkmenistan.

Article 12. Legitimacy and validity of judicial acts

Judicial acts must be lawful and justified.

Article 13. Revision of judicial acts

Court acts in arbitration cases can be reviewed in the manner prescribed by this Code.

Chapter II COMPOSITION OF THE COURT. taps

Article 14. Composition of the court

1. The court of first instance cases are heard by a single judge.
2. By decision of the President of the Court any case can be considered collectively. 3
. Cases in cassation and supervisory instances are considered collectively in the manner prescribed by this Code.
4. In the case of peer review of the Court shall include at least three judges.
5. All judges in proceedings have equal rights.

Article 15. Settlement of court issues in a collegial consideration of the case

1. Questions arising from the collegial consideration of the case shall be resolved by the judges by a majority vote. None of the judges shall have the right to abstain from voting. The presiding judge at the court session shall vote last.
2. A judge who does not agree with the decision of the majority shall sign the decision and have the right to state in writing his dissenting opinion, which is attached to the case, but has not been announced. Persons involved in the case, with the dissenting opinion of the judges did not familiarize.
3
. If the case in which there is a dissenting opinion, not reconsidered on appeal, by the expiry of cassation case is referred to the Chairman of the Supreme Court of Turkmenistan to address the issue of a protest.

Article 16. Disqualification of a judge

1. A judge may not participate in the proceedings and shall be challenged if:
1) he is a relative of one of the persons involved in the case or their representatives;
2) he personally, directly or indirectly interested in the outcome of the case or there are other circumstances causing doubts as to his impartiality;
3) it at the previous hearing of the case involved as an expert, translator, prosecutor, representative of one of the parties or witnesses.
2. The composition of the court seized of the case may not include persons who are in relationship with each other.

Article 17. Withdrawal of the prosecutor, expert and interpreter

1. The public prosecutor, expert and translator can not participate in the proceedings and shall be subject to allotment on the grounds specified in Article 16 of this Code. In addition, the grounds for disqualification of an expert may be:
1) his official or other dependence at the time of the proceedings or in the past by the persons participating in the case or their representatives;
2) the production of its audit, the materials of which served as the basis or reason for going to court or are used in the proceedings.
2. Participation of the public prosecutor, expert or interpreter in the meeting at the previous hearing of the case, as, respectively, the public prosecutor, expert, interpreter is not grounds for their removal.

Article 18. Inadmissibility of repeated participation in the trial judge

1. The judge, who took part in the proceedings at first instance, can not participate in the consideration of the case in the court of cassation or supervising instance, as well as participate in a new consideration of the case in the court of first instance in case of cancellation rendered his participation of the judicial act, except in cases of consideration cases on newly discovered circumstances.
2. The participation of judges in the proceedings in the trial, appeal or supervisory authority does not deprive him of the right to participate in the consideration of this matter in the composition of the Supreme Court of Turkmenistan. 3
. The participation of judges in the proceedings as part of the Supreme Court of Turkmenistan does not deprive him of the right to hear the case again in the trial, appeal or supervisory authority.

Article 19. Application for withdrawal and rejection

1. Under the circumstances referred to in Articles 16 and 17 of this Code, the judge, prosecutor, expert, interpreter required to recuse himself or herself. On the same grounds, removal can be claimed by persons participating in the case.

2. Withdrawal and rejection should be motivated and notified to the judicial act on the case. 3
. Unjustified refusal of the administration of justice is not allowed.
4. Unjustified application for disqualification of a judge is not subject to the satisfaction.

Article 20. Settlement of the declared drainage

1. In the case of removal application the court must hear the views of those involved in the case, as well as hear the person who has challenged the challenged willing to give an explanation.
2. The question of the withdrawal of the judge hearing a case alone, allowed the chairman of the relevant court. 3
. The issue of disqualification of a judge at the collegiate examination of the case allowed the Court in the absence of the judge being challenged. With an equal number of votes cast for and against the withdrawal outlet, the judge considered to be retracted.
4. The question of withdrawal, claimed several judges or the entire court, permitted composition of the court considering the case.
5. The question of the withdrawal of the public prosecutor, expert or interpreter permitted composition of the court considering the case.
6. As a result of consideration of the withdrawal decision is made.

Article 21. Consequences of the request for challenge

In the case of disqualification of a judge or several judges or the composition of the court case is pending before a different composition.

CHAPTER Sh Jurisdiction and venue

Article 22. Cases within the jurisdiction of the court

1. Court jurisdiction over disputes arising from economic relations or of legal relations in the sphere of management.
2. The courts settle disputes:
1) of the differences under the contract, the conclusion of which is provided for by law or if it is stipulated by the agreement of the parties;
2) modifying the terms of the contract or to terminate the contract;
3) non-fulfillment or improper fulfillment of obligations;
4) on the recognition of property rights;
5) for the recovery of the owner or other lawful owner of the property from illegal possession;
6) infringement of the rights of the owner or other lawful owner, unrelated to the deprivation of possession;
7) damages;
8) to invalidate (fully or partially) non-regulatory acts of state bodies, local executive authorities and local self-government and other bodies that do not meet regulatory legal acts of Turkmenistan and violating the rights and legitimate interests of legal entities and individuals, as well as for damages related to the adoption of such acts;
9) on protection of honor, dignity and business reputation of legal entities and individuals;

10) an appeal against refusal of state registration or evasion of state registration in the prescribed period of the legal entity or natural person as an individual entrepreneur, and in other cases, where such registration is provided for by law;
11) for the return of budget funds decommissioned bodies carrying out control functions, in an uncontested (without acceptance) order in violation of the normative legal act;
12) on the establishment of the facts relevant to the occurrence, change or termination of the rights of the legal entity or individual entrepreneurs (hereinafter - the facts of legal significance);
13) bankruptcy of businesses and individuals.
The Court may also review and other cases referred to its jurisdiction by law. 3
. Vessels not under the jurisdiction of:
1) disputes, the resolution of which the legislation of Turkmenistan related to the conduct of other organs;
2) debate about the pricing of products, the amount of rent and payment for services rendered (works);
3) application for compulsion to conclude a contract, not necessarily based on the parties to act.

Article 23. Submission of the dispute to arbitration

By agreement of the parties has arisen or which may arise a dispute before the court's decision may be referred to an arbitral tribunal.

Article 24. Jurisdiction

1. Arbitration cases are dealt with by the Supreme Court of Turkmenistan, the Arbitration Court of Turkmenistan and Ashgabat city and velayat courts.
2. The exclusive jurisdiction of the Arbitration Court of Turkmenistan include disputes:
1) in which one of the parties is a foreign legal or natural person;
2) for annulment (fully or partially) the nature of a non-normative acts of central authorities do not comply with the normative legal acts of Turkmenistan and violating the rights and legitimate interests of legal entities and individuals, as well as for damages associated with the adoption of such acts;
3) bankruptcy of legal entities and individuals;
4) in which the defendants are in different provinces or in a suit at province and the city of Ashgabat.

Article 25. Filing a claim based on the location of the defendant

1. The claim shall be presented in court at the location of the respondent.
2. The claim to the entity arising from the activities of its separate division, presented at the location of a separate division.

Article 26. Jurisdiction of choice plaintiff

1. The lawsuit to the defendant, the location of which is unknown, may be brought in the court at the location of its property or his last known location.

2. The lawsuit to the defendant, which is a legal entity or individual of Turkmenistan and situated in the territory of another state, can be brought in the court at the location of the plaintiff or the defendant's property. 3
. The claim arising from the contract, which specifies the place of performance, may be brought in the court at the place of performance of the contract.

Article 27. Jurisdiction of cases on the establishment of the facts having legal value

1. Cases concerning the establishment of the facts having legal value, are considered in place of the applicant.
2. Cases concerning the establishment of the fact of ownership knowledge, construction, land and other immovable property, considered in the location of buildings, land and other immovable property.

Article 28. Exclusive jurisdiction

1. Claims for recognition of ownership of the buildings, land and other immovable property for the recovery of them from illegal possession, the elimination of the owner of rights violations or other lawful owner, unrelated to dispossession, imposed on the location of buildings, land plot and other immovable property.
2. An action against the carrier arising from the contract of carriage, including when the carrier is one of the defendants, presented at the location of the carrier body.

Article 29. Agreed jurisdiction

Jurisdiction laid down in Articles 25 and 26 of this Code may be amended by written agreement between the parties.

Article 30. Jurisdiction counterclaim

Counterclaim, irrespective of its jurisdiction, shall be presented in court at the initial examination of the claim.

Article 31. The transfer of cases from one court to another court of

1. The point taken by the court to its production in compliance with the rules of jurisdiction must be considered on the merits, even if in the future it was the jurisdiction of another court.
2. Court sends the case to another court of competent jurisdiction if:
1) in the proceedings revealed that it was taken in the production of this court in violation of the rules of jurisdiction;
2) if, after removal of one or more judges to replace them in this court becomes impossible, as well as in other cases when it is impossible to examine the case in the court. In such cases, the transfer of cases from one court to another is carried out by the Chairman of the Supreme Court of Turkmenistan or his deputies. 3
. On the transfer of the case to the jurisdiction of another court decision is made, which can be appealed in the manner prescribed by this Code.
4. Disputes over jurisdiction between the courts of Turkmenistan are not allowed.

5. Chairman of Turkmenistan's Supreme Court and his deputies have the right to transfer the case from one court to which it has jurisdiction, in the other.

CHAPTER IV. Trial participants

Article 32. Composition of the persons involved in the case

The persons involved in the case are:
hand, a third party;
Applicants and other interested parties - in cases of establishing the facts of legal significance, and the bankruptcy of legal entities and individuals;
Prosecutor, public authorities, local governments and other authorities, have gone to court with a lawsuit in defense of the state and public interests.

Article 33. Rights and obligations of persons involved in the case

1. Persons participating in the case, have the right to get acquainted with the materials of the case, make extracts from them, make copies, to declare objections, present evidence, participate in examination of evidence, to ask questions to the participants of the process, make motions, give oral and written explanations to the court, to submit their arguments If you have any questions during the process, object to the petitions arguments of other persons involved in the case, to deal with the application for review and use other procedural rights provided by this Code.
2. Persons participating in the case, must appear in the trial court on call, at the request of the court to provide the necessary materials, to give the court oral and written explanations on the merits to resolve disputes, as well as comply with other procedural rules provided for in this Code. 3
. Persons participating in the case, must faithfully use all the procedural rights belonging to them.


Article 34. Parties
1. Parties in the case are the plaintiff and the defendant.
2. The plaintiffs are legal and natural persons to sue in their own interests or in the interests of whom sued. 3
. Defendants are legal and natural persons, which filed the lawsuit demands.
4. The parties enjoy equal procedural rights.

Article 35. Participation in several plaintiffs or defendants

Action may be brought by several plaintiffs or several defendants. Each of the plaintiffs or defendants in the course of their own acts. Co-plaintiffs or co-respondent may entrust the case to one of them, respectively.

Article 36. Substitution of improper party

1. Having established during the proceedings that the action is brought not by the person who owns the right to claim or not to the person who shall be responsible for the claim, the plaintiff may, with the agreement to allow the replacement of the original plaintiff or defendant properly plaintiff or defendant.

2. If the plaintiff does not agree to its replacement by another person, that person may intervene as a third party, independent claims to the subject of the dispute, and the court shall inform the person concerned. 3
. If the plaintiff does not agree on a replacement by another person of the defendant, the court may draw such person as the second defendant.
4. After replacing the improper side deal is considered from the outset.

Article 37. Changing the base or subject of the claim, a change in the size of the claim, the waiver of a claim, the recognition of the claim and settlement agreement

1. The plaintiff has the right to a court decision to change the basis or subject of the claim, increase or decrease the size of the claim or reject the claim. The defendant has the right to admit the claim in whole or in part. The parties may end the case by amicable agreement.
2. Before the adoption of the rejection of the claim or the statement of the global agreement, the court explains to the parties the consequences of these proceedings. 3
. The Court does not accept the rejection of the claim, reducing the size of the claim, the recognition of a claim does not approve the settlement agreement if it is contrary to the laws and other normative legal acts or violates someone else's rights and interests protected by law. In these cases, the court shall decide the dispute on the merits.

Article 38. Third parties

1. Third parties making independent claims to the subject of the dispute, may intervene in the proceedings pending a decision by the court. They enjoy all the rights and bear all the responsibilities of the claimant, except for the obligation to take measures to pre-trial settlement of the dispute with the defendant, when it is stipulated by law for this category of disputes or contract.
2. Third parties not making independent claims concerning the subject of the dispute, may intervene on the side of the plaintiff or the defendant pending a decision by the court if the judgment may affect their rights and obligations in relation to one of the parties. They may be involved in the case also at the request of the parties, the prosecutor or on the initiative of the court. 3
. Third parties not making independent claims, enjoy the procedural rights and bear procedural obligations of the parties, except the right to change the base and the subject of the claim, increase or decrease the size of the claim, the waiver of a claim, acknowledgment of claim or the conclusion of a settlement agreement, the requirement of compulsory execution of the decision.

Article 39. Procedural succession


1. In the case of disposal of one of the parties in the disputed decision of the court or the legal relationship established as a result of the termination of a legal entity, assignment of the claim, the transfer duty, the death of an individual court replaces this party by its successor, indicating this in the decision or ruling. Succession is possible at any stage of the trial.
2. For the successor all acts performed in the course before it comes are required to the extent that they are required for a person who has replaced the successor.

Article 40. Participation of the prosecutor in the trial

1. The prosecutor has the right to go to court with a claim to protect the rights and lawful interests of other persons or to intervene at any stage of the process.
2. Failure of the prosecutor of the claim, reducing the size of the claim, a change in the base or subject of the claim does not deprive the person in whose interests sued the right to support the claims in the original form, in compliance with the requirements of Chapter IX of the present Code. 3
. In cases where the court the person renounces the claim, which is presented in its interest to the public prosecutor, the proceedings terminated.

Article 41. Other part of the trial

In addition to the persons participating in the case, the trial may be involved, experts, interpreters and other persons.


Article 42. Expert
1. Expert witness can be a person with special titles, necessary for an opinion, and appointed by the court in the cases stipulated by this Code.
2. The person entrusted with the examination shall be obliged to appear on the removal of the court and give an objective opinion on the issues raised. 3
. The expert may refuse to provide an opinion, if the material submitted to it are inadequate or if it does not have the knowledge necessary to carry out its duties.
4. The expert, if this is necessary for an opinion, has the right to get acquainted with the materials of the case and collected evidence on the case, to participate in the court sessions, ask questions, ask the court to grant him additional materials.
5. For the knowingly false opinion expert shall bear criminal responsibility.


Article 43. Translator
1. The translator is a person fluent in the language, knowledge of which is necessary for the transfer, and appointed by the court in the cases stipulated by this Code.
2. Translator is obliged to appear when summoned by the court and completely, correctly and in a timely manner to carry out the translation. 3
. Translator has the right to ask those present when translating those questions to clarify the translation.
4. In the case of a knowingly false translation translator is liable in accordance with the law.


CHAPTER V. REPRESENTATION IN COURT

Article 44. Conducting business through the representatives

1. Cases of legal entities are their bodies in a court acting within the powers granted to them by law or by the constituent documents and their representatives.
2. Heads of legal entities, and other persons in accordance with the constituent documents are court documents proving their official position or authority. 3
. Individuals may conduct their case in court personally or through representatives. Personal participation in does not deprive the right to have a representative.
4. The representatives of the parties in court can not be judges, investigators, prosecutors and court staff apparatus. This rule does not apply to cases when these persons act in the proceedings as the authorized representatives of the courts and law enforcement agencies.

Article 45. Powers of the representative

1. The authority to conduct the case in court give the representative the right to perform on behalf of the person he represents all proceedings except:
1) the signing of the statement of claim;
2) total or partial rejection of claims and recognition of the claim;
3) changes in the size of the claim, the object or cause of action;
4) to enter into the settlement agreement;
5) the transfer of authority to another person (delegation);
6) appeal against a judicial act;
7) signing the application for a protest;
8) the requirements for the enforcement of the judicial act, obtaining property or money awarded.
2. Credentials of representatives to the commission of each of the actions in this article must be specifically authorized in a power of attorney issued by the represented person. 3
. The power of attorney on behalf of a legal entity shall be signed by its director or other person authorized to do so by its constituent documents and the seal of the legal entity.
4. Authorized representative of an individual shall be signed by the individual entrepreneur and certified by the seal.
5. Powers of attorney certified in the manner prescribed by the legislation of Turkmenistan.

CHAPTER VI. EVIDENCE

Article 46. Concept and types of evidence

1. Evidence in the case is any evidence on the basis of which the court in the manner specified by law, establishes the presence or absence of circumstances justifying the claims and objections of the parties, as well as other circumstances that are important for the proper resolution of the dispute.
2. This data set written or physical evidence, explanations of the parties and others involved in the trial, expert opinions.

Article 47. Burden of proof and production of evidence


1. Each party must prove the circumstances to which it refers as the basis of their claims and objections.
2. The evidence submitted by the parties and others involved in the case.

Article 48. The relevance and admissibility of evidence

1. The court in the decision is based solely on the evidence relevant to the case.
2. The circumstances of the case, which according to the legislation of Turkmenistan need to confirm certain evidence must be supported by them.

Article 49. Grounds for exemption from proving

1. The circumstances, recognized by the court generally known need not be proved.
2. The facts established by a legally effective decision of the court in resolving a dispute, not be proved again in the resolution of other disputes. 3
. Came into force of the court verdict in a criminal case is mandatory for the court on whether there have been some action, and by whom they are committed.
4. Entered into force a court decision in a civil case mandatory for the court on the facts established by the court and relevant to the case.

Article 50. Evaluation of evidence

1. The court shall evaluate all evidence on their inner conviction, based on a comprehensive, full and objective investigation of all circumstances of the case.
2. No evidence for the court have a predetermined strength. 3
. Recognition by one party evidence and the circumstances in which the other party is basing its claims or objections to the court is not required.
4. The expert's conclusion is discussed at the meeting of the court and assessed together with all the other evidence in the case.
5. The expert's conclusion can be dismissed by the court in whole or in part with the indication in the decision of rejection of motives.

Article 51. Written evidence

1. Written evidence are acts, letters, explanations, conclusions and other documents and materials, including those received via fax, electronic or other communications or other means, allowing to establish the accuracy of the document, and containing information about the circumstances relevant to the proper resolution of the dispute.
2. Written evidence submitted in the original or a certified copy. If the resolution of the dispute is set only a part of the document, it is certified extract from it. 3
. Original documents submitted when the circumstances of the case in accordance with the law shall be certified only by documents, as well as in other cases necessary for the Court's request.

Article 52. Evidence


Material evidence are items that may serve as a means of establishing facts relevant to the correct resolution of the dispute.

Article 53. Submission and the taking of evidence

1. The evidence submitted by the persons participating in the case. A person involved in the case, but who is unable to obtain the necessary evidence from participating or not participating in the person from whom it is right to apply to the court for the recovery of evidence. The request must specify any circumstances relevant to the case, can be set with this proof, the proof is designated and specified its location. The court, if necessary, issues a person who is involved in a request to obtain evidence. A person who is claimed by the court evidence, send it directly to the court or issue a side having a corresponding request for transfer to the court.
2. If the person from whom the court requires to provide proof, is unable to submit it at all, or submit to the court specified period, it is obliged to notify the court with reasons within five days from the date of receipt of the request of the court. 3
. In the case of dereliction of duty to present evidence claimed for reasons deemed unacceptable by the court, the person from whom it is to be responsible in accordance with the law.
4. Accountability will not relieve the person in possession of the claimed evidence of the duties of its submission to the court.

Article 54. Inspection and research evidence to their location

1. The court may make an inspection and examination of evidence in their location in case of impossibility or difficulty of presenting this evidence. On the production of on-site inspection of the court shall issue an order. Inspection is performed on site composition of the court considering the case. The time and place of the inspection shall be notified persons involved in the case, their absence does not interfere with the production inspection. experts can be called in when necessary.
2. As a result of the inspection and examination of evidence shall be drawn up, signed by a judge (judges) and the representatives of the parties involved in the examination and the examination of evidence. Protocol attached to the case.

Article 55. Return of the written and physical evidence

1. Original documents available in the case, at the request of legal and physical persons returned to them after the resolution of the dispute in the presentation of certified copies of these documents.

2. Evidence found in the court, after the resolution of the dispute returned to the party from whom they were obtained, or are transferred to legal or natural persons, for which the court recognizes the right of these things. 3
. Refund or transfer of documents, physical evidence in the protocol signed by the judge (judges) and the representative of the party receiving the documents, things. Transfer Protocol attached to the case.

Article 56. Appointment and examination

1. For an explanation of the dispute arising from the resolution of issues requiring special expertise the court shall appoint the examination. Persons participating in the case are entitled to submit questions to the court, which should be clarified during the examination.
2. The final content of the issues on which expert opinion is required, set by the court in the definition. 3
. Examination should be referred to specialists of enterprises, institutions and organizations having the knowledge necessary to do so. If necessary, the examination is carried out in the presence of representatives of the parties.

Article 57. The expert

1. Expert opinion must contain a detailed description of the research made by the results of their findings and reasoned answers to the questions posed by the court. Conclusions presented in written form to the court.
2. If during the examination established the circumstances relevant for the proper resolution of the dispute, over which the court has no questions were asked, in the conclusion of the expert's conclusions and outlines to these circumstances. 3
. In cases of lack of clarity or incompleteness of the expert opinion, the court may appoint an additional examination.
4. If necessary, the court may appoint a re-examination, instructing her holding another expert (experts).

Article 58. Explanations of persons participating in the case

1. Explanations of persons participating in the case known to them concerning the circumstances relevant to the case, subject to review and assessment, along with other evidence. At the suggestion of the court a person involved in the case, is obliged to present his case in writing.
2. The court may consider a recognized fact established, if he has no doubt that the recognition corresponds to circumstances of the case and is not committed under the influence of fraud, violence, threats, delusions or to conceal the truth.

Article 59. Securing evidence

1. Persons who have reason to fear that the submission of necessary evidence would be impossible or difficult, can ask the court to provide this evidence.

2. In a statement on the provision of evidence must indicate the evidence that is necessary to ensure that the circumstances which are necessary to confirm this evidence, the reasons that prompted the applicant to request their support.
3. On providing evidence or dismiss the application, a reasoned determination. Determination to dismiss the petition for securing evidence may be appealed.

Chapter VII. LEGAL EXPENSES

Article 60. Composition of court costs

Costs consist of state fees, the costs of the proceedings: the amounts payable for the examination, appointed by the court, on-site inspection of evidence, translation services, as well as other costs associated with the performance of judicial acts.

Article 61. State duty

1. State duty paid:
1) statements of claim;
2) an application for bankruptcy;
3) applications to join the proceedings as a third party, independent claims to the subject of the dispute;
4) application for establishing the facts of legal significance;
5) application for invalidation of acts of non-normative nature;
6) the application for appeal against the refusal of the state registration;
7) the application for judicial review of acts of cassation;
8) re-issuance of copies of judicial acts;
9) issue of copies of certain materials of the case.
2. An increase in claims outstanding amount of state duty paid additionally in accordance with the increase in the price action. With a decrease in the price of the claim paid fees will not be refunded the difference. 3
. The dimensions of the state duty, as well as the grounds and procedure for exemption from payment thereof shall be established by the legislation of Turkmenistan.

Article 62. State duty payment

The state fee shall be paid or collected to the state budget of Turkmenistan.

Article 63. Postponement or installment payment of state fees and reducing their size

Court in exceptional cases may delay or installments of one or both parties pay the state fee or reduce their size.

Article 64. Refund of state fees

1. Paid state fee shall be returned partially or fully in cases:
1) its excessive payment;
2) refusal to accept the statement of claim on the grounds stipulated in Article 76 of this Code;
3) to return to the plaintiff the claim on the grounds stipulated in Article 77 of this Code;
4) the termination of the proceedings on the grounds provided by paragraphs first, third, sixth and seventh of Article 100 of this Code;

5) abandonment of the claim without consideration on the grounds provided by paragraphs first and second quadruple of Article 104 of this Code.
2. In cases of acts shall specify the circumstances which are the basis for a full or partial refund of the state fee. According to the statements referred to in Article 61 of this Code, and paid state fee, but not received by the court or returned by the court, duty refund is based on the certificate issued by the court. 3
. The state fee shall be refunded if the application is on its return filed in court within one year from the date of payment.

Article 65. The amounts payable to experts and interpreters

1. Experts and translators are remunerated for work done by them on behalf of the court, if the work is not included in the scope of their official duties.
2. Experts and interpreters shall be reimbursed incurred in connection with the appearance before the court costs of travel and hiring of premises and daily allowances in the amounts established by normative legal acts of Turkmenistan on official missions.

Article 66. Distribution of court costs

1. Costs related to the parties in proportion to the satisfied claims.
2. the court shall decide in accordance with the agreement at the side of the agreement on the distribution of costs and expenses. 3
. If the case arose as a result of violation of party pre-trial procedure for dispute settlement established by law for this category of disputes or contract (leaving unanswered complaints, failure to requested documents), the court may refer to this aspect of court costs, irrespective of the outcome of the case.
4. Costs incurred by the parties in connection with an application for review of a judicial act, are distributed in accordance with the rules of this article.
5. State duty, which is to pay in the prescribed manner the plaintiff was released, shall be recovered from the defendant in proportion to the satisfied claims, if the defendant is not exempt from paying the state fee.

CHAPTER VIII. Procedural deadlines

Article 67. The establishment and calculation of procedural terms

1. Procedural acts are committed within the deadline set by law. In cases where procedural deadlines are not set by law, they are appointed by the court.
2. The time limit for legal proceedings to determine the exact calendar date, an indication of the event, which necessarily must come, or the time period during which the action can be committed for the entire period.
3
. Current procedural period calculated in years, months or days begins on the day following the calendar date or event determined by its beginning.

Article 68. End of procedural deadlines

1. A time period calculated in years shall expire in the corresponding month of the last year and the deadline. Term calculated in months shall expire on the corresponding day of the last month of the deadline. If the end of the period calculated in months falls on the month, which corresponds to the number does not matter, the period shall expire on the last day of that month.
2. Where the last day of the period falls on a non-working day, day of the period shall be the first next working day. 3
. Remedial action for the commission of which a deadline can be performed up to 24 hours of the last day of the deadline. If the statement of claim, a comment on the claim, an application for review of a judicial act and other documents have been handed over the body due to the 24 hours of the last day of the period, the period is not considered missing.

Article 69. Suspension, restoration and renewal of procedural deadlines

1. The flow of all process shall be suspended from the date of suspension of the proceedings. Since the resumption of the proceedings for procedural deadlines continues.
2. According to the parties, the prosecutor or the court on its own initiative, recognizing the reasons for missing the statutory procedural term valid, restore the missed deadline. 3
. On the recovery of the missed deadline stated in the judicial act. On the refusal to restore the term decision is made. Determination of the refusal to restore the missed deadline may be challenged.
4. The court-appointed deadlines can be extended to them at the request of the parties, the prosecutor or on its own initiative.

CHAPTER IX. Suing

Article 70. Form and content of the statement of claim

1. The statement of claim submitted to the court in writing and signed by the head of the legal person or his deputy, an individual, or their representatives, the prosecutor, filed an application or bring an action in court.
2. The petition shall contain:
1) name of the court;
2) names of the parties and their mailing addresses and bank details;
3) the price of the claim, if the claim is subject to evaluation;
4) the facts on which the claim, and the evidence supporting the statement set out in the circumstances, reasonable calculation or exacted amount in dispute, the legislation under which the claim is made;

5) information on the measures to pre-trial settlement of relations with each of the defendants - in cases stipulated by the laws of Turkmenistan or the contract;
6) if the action is brought against several defendants - claim in respect of each of them;
7) list of documents attached to the application documents and other evidence. 3
. The statement of claim may be given other information, if they are necessary for the proper resolution of the dispute, as well as available at the request of the plaintiff.

Article 71. Price action

1. Price action is determined:
1) on claims for recovery of sums of money - on the basis of the sum exacted from any amounts contested by the executive or other document on which the penalty is carried out in an uncontested (without acceptance) order;
2) on claims for ownership and for the recovery of property - based on the value of the property.
2. The price included a claim referred to in the statement of claim the amount of the penalty (fine, penalty), as well as losses. 3
. Price action consisting of several independent claims, defined by the sum of all claims.
4. In cases of incorrect indications of the claim price is determined by the court.

Article 72. The documents attached to the claim

1. The statement of claim attached documents confirming:
1) the direction of the defendant a copy of the statement of claim and the documents attached thereto;
2) the payment of state fees in the prescribed manner and amount;
3) compliance with the pre-order solution to the dispute with the defendant - in the cases established by normative legal acts of Turkmenistan or the contract;
4) the facts on which the claim is based.
2. The application for recognition of an act of public authorities and management of invalid accompanied by a copy of the challenged act or a certified extract from it. 3
. The application for compulsion to conclude a contract attached draft contract and normative legal act on the basis of which must be
contract.

Article 73. Direction of copies of the complaint and attached documents

The claimant must send the other party a copy of the statement of claim and the documents attached thereto.

Article 74. Consolidation and selection of multiple claims

1. In a statement of claim may be combined more of the requirements in cases where they are linked. The court may combine several of homogeneous claims or cases involving the same parties, in one case.
2. The court accepted the petition, shall be entitled to select one or more of the combined requirements of a separate proceeding, if it considers separate consideration of requirements more appropriate.
3
. Questions unification or separation of claims resolved by the court prior to the consideration of the merits of what decision is made.

Article 75. The adoption of the statement of claim

The adoption of the statement of claim the judge decides alone. About accept the claim the judge makes a decision.

Article 76. Refusal to accept the claim

1. Judge refuses to accept the claim if:
1) an application is not subject to judicial review;
2) in the court there is a case on a dispute between the same parties on the same subject and on the same grounds, or there is a decision or a ruling on termination of proceedings in connection with the rejection of the claim of the plaintiff or the approval of a settlement agreement.
2. On the rejection of the claim decision is made, which is sent to the persons participating in the case, not later than five days from the date of receipt of the application. 3
. By definition, the refusal to accept the application, is sent to the applicant, attached claim materials and information on the return of the state duty.
4. Determination to refuse to accept a statement of claim may be appealed and challenged the established order. In case of cancellation of the definition of a claim is considered filed on the day of initial treatment in court.

Article 77. Return of the writ

1. The judge returned the statement of claim and the documents attached thereto without consideration if:
1) the statement of claim signed by a person not entitled to sign it, or a person whose official status is not specified;
2) in the statement of claim is not listed names of the parties and their mailing addresses and bank details;
3) does not provide evidence of payment of the state fee in the prescribed manner and amount;
4) infringed claims of association rules or in one lawsuit merged several requirements for one or more of the defendants when these requirements are not related to each other;
5) is not presented evidence of the direction to the defendant a copy of the statement of claim and the documents attached thereto;
6) are not presented evidence to take measures to pre-trial settlement of relations, in cases stipulated by normative legal acts of Turkmenistan or the contract;
7) are not presented proof reference to the institution of the bank for obtaining debt from the defendant, when it, according to the normative legal act, must be obtained through a bank;
8) before making the decision to institute proceedings against the claimant received an application for the return of the statement of claim.
2. Return of the claim made by the judge within five days from the date of receipt of the application.
3
. Return of the statement of claim does not prevent secondary trading him to the court in general order after elimination of the shortcomings.

Article 78. Response to the statement of claim

1. The defendant no later than five days after receipt of the decision to institute the proceedings of production directs the court to review the statement of claim and all documents confirming the objections to the claim, and the plaintiff and other persons involved in the case - a copy of the revocation.
2. Review signed by the head or deputy head of the legal entity, individual, or their representatives. 3
. The recall specifies:
1) name of the court;
2) the claimant's name and case number;
3) the amount and calculation of recognized amounts and if it is listed - to recall the payment order and attached proof of its acceptance of the bank institution for execution;
4) the motives of full or partial rejection of the plaintiff claims with reference to the normative legal acts, as well as evidence justifying the rejection of the claim;
5) the list annexed to review documents and other evidence (including a copy of the direction of withdrawal and attached documents to the plaintiff and other persons involved in the case).
4. The revocation can be specified and other information, as well as available at the defendant's request.

Article 79. Filing a counterclaim

1. The defendant has the right to decide on the dispute to the plaintiff to present a counterclaim to resolve it together with the initial claim.
2. Counterclaim accepted:
1) if the counter-claim is directed to offset the initial requirements;
2) the satisfaction of the counterclaim excludes completely or in part satisfaction of the initial claim;
3) if between the counter and the initial claims has a mutual relationship and their joint consideration will lead to a more rapid and proper consideration of the dispute. 3
. Filing a counterclaim made by the general rules of submission of claims.

Article 80. Change of address during the proceedings

The persons participating in the case, are obliged to inform the court to change its address during the proceedings. In the absence of such communication, procedural documents are sent to the last known address of the court and shall be deemed delivered, if the recipient is no longer at this address.

CHAPTER X. preparation of cases for trial

Article 81. Adoption of a case, the excitation of the case and prepare for trial


1. The court is obliged to accept for the production of a petition filed with the requirements stipulated by this Code. The judge, taking the statement of claim, shall, within five days and sent to the persons participating in the case, the decision on the adoption of a case and prepare for trial, which indicated the adoption of the statement of claim, the necessary actions for the preparation of the case for resolution in the session.
2. Preparation of the case for trial is conducted by a single judge within two weeks from the date of the claim to the production of material and the excitation of the proceedings. In exceptional cases, the term preparation of a case for trial can be extended up to one month. 3
. Parties, legal entities and individuals sent to the court at his request necessary to prepare for trial supplementary materials no later than five days after receiving the decision on the adoption of a case, the initiation of proceedings in the case and preparing for trial.
4. Persons guilty of non-fulfillment of the requirements of part three of this article, shall be liable in accordance with the law. Accountability will not exempt from the obligation to fulfill the requirements of the court.

Article 82. Actions judge to prepare the case for trial

1. When preparing the case for trial the judge performs the following:
1) solves the question of calling to participate in the case as parties to legal entities and individuals not covered by the plaintiff;
2) obliges the parties, other legal entities and individuals to perform certain actions, including submitting documents relevant to the dispute;
3) decide on the appointment of expertise;
4) decide on the need for representatives of the parties to appear in court during the preparation of the case for trial;
5) decide on the call of officers and other persons to give explanations on the merits;
6) directs the court orders to other ships;
7) takes measures to secure the claim.
2. The judge performs other activities aimed at ensuring proper and timely resolution of the dispute.

CHAPTER XI. ENFORCEMENT ACTION

Article 83. Grounds maintenance claim

1. The court at the request of a party or on its own initiative, is entitled to take measures to secure the claim. Securing a claim is allowed at any stage of the trial, if the failure to take such measures may make it difficult or impossible to execute the court decision. Measures to ensure the claim valid until enforcement of the judgment or to cancel these measures.

2. The application for interim measures considered by the court within five days from the date of its receipt, without summoning the parties. As a result of the application decision is made.

Article 84. Measures to ensure the claim

1. Measures to ensure the claim can be:
1) seizure of property or money belonging to the defendant;
2) prohibiting the defendant from performing certain activities;
3) prohibition to others to perform actions relating to the subject of the dispute;
4) suspension of recovery by the plaintiff contested the executive document or other document on which the penalty is carried out in an uncontested (without acceptance) order;
5) suspension of the sale of property in the case of a claim for release from arrest.
2. In some cases, it allowed the adoption of several measures to ensure the claim. 3
. The plaintiff is entitled to recover from the perpetrators losses caused by the failure of the court for interim measures.
4. If the claim is denied, the defendant has the right to require the plaintiff compensation for damages caused as a result of securing the claim, issued at the request of the plaintiff.

Article 85. Substitution of one type of software to look for other

1. Allowed to replace one type of software to look for another.
2. The question of the replacement of one species by another provision of the claim settled by the courts.

Article 86. Execution of ruling on securing an action

Definition for interim relief is to be executed immediately following the procedure established for the execution of judicial acts.

Article 87. Cancellation of securing of claim

1. Securing a claim may be withdrawn by the court who issued a ruling on securing an action. On the abolition of security for the claim or refusal to repeal a decision is made.
2. In case of refusal to satisfy the claim of action to ensure the measures are canceled. The court may at the same time with the decision or after its adoption, make a determination on the abolition of security for the claim.

Article 88. Responsibility for non-fulfillment of the definition of security for the claim, and hindering his performance

Persons guilty of failure determination for interim or obstruction in its execution, shall be liable in accordance with the law.

CHAPTER XII. TRIAL

Article 89. Terms of consideration of cases

1. The judge, acknowledging the matter sufficiently prepared, make a determination on his appointment to the proceedings in court.
2. Cases must be dealt with in a period not exceeding two months from the date of receipt of the statement of claim to the court. 3
. Cases in which one party is outside of Turkmenistan, addressed in a period not exceeding three months.

4. In exceptional cases, the Chief Justice shall be entitled to extend the term of consideration of the case by not more than six months.

Article 90. Hearings

1. The case is made in the court session with the participation of representatives of the parties and other persons involved in the case.
2. The procedure for conducting the court session is determined by the judge presiding over the session in accordance with the provisions of this Code. The judge announces the composition of the court, he said that participates as a public prosecutor, expert, interpreter, explain to the participants of the trial of their rights and duties, presides over a meeting, provide clarification of all circumstances of the case, take measures to ensure the proper order of the court hearing. 3
. The meeting heard the representatives of the plaintiff and defendant, expert or other person involved in the proceedings.
4. The judge must give each party equal opportunity to present evidence relevant to the examination of the dispute.
5. Judge contributes to achieving an agreement between the parties.
6. In case of violation of the order during the court hearing, the court (judge) apply the measures provided for in Article 151 of the Civil Procedure Code of Turkmenistan.

Article 91. Research evidence and the immutability of the court composition

1. The court in the proceedings examines the evidence in the case: hear the explanations of the persons participating in the case, the conclusion of experts familiar with written evidence, examining evidence and carry out other necessary actions.
2. The case is carried out without changing the composition of the court. In the event of replacement during the trial of one of the judges of the trial should be carried out from the beginning.

Article 92. Resolution of applications and

1. Applications and petitions of the persons participating in the case shall be in writing and shall be settled by the court after hearing the views of other participants in the judicial process.
2. After reviewing the applications and petitions the court makes a decision.

Article 93 dispute resolution at the failure to recall the statement of claim or other evidence, and in the absence of the persons involved in the case

1. In case of failure to recall the statement of claim or other evidence of the case can be resolved from the available data.
2. At repeated failure to appear at the hearing of the persons participating in the case, the matter may be considered in their absence if the absence, in the opinion of the court, does not prevent the resolution of the dispute.

Article 94. Adjournment of the case

1. The court may postpone the trial in the case, when it can not be permitted in the designated meeting.

2. On the adjournment of the proceedings the court shall issue a ruling, stating the time and place of the next meeting. 3
. At a resolution of particularly difficult cases the judge may adjourn the meeting for a period of not more than three days, followed by an indication of this in the decision.

Article 95. End of the case

After examining all the evidence and in the absence of the persons involved in the case, additional applications, petitions and materials on the case, the court decides.

Chapter XIII. SUSPENSION OF THE CASE


Article 96. The duty of the court to stay the proceedings

1. The court is obliged to suspend the proceedings in the case:
1) the impossibility of this case to the resolution related to other cases;
2) review the investigating authorities of materials related to the case;
3) The purpose of examination;
4) death of an individual, if the disputed legal relations allow succession; 5
) incapacitation individual.
2. The court shall suspend the proceedings and in other cases stipulated by normative legal acts of Turkmenistan.

Article 97. The right of the court to stay the proceedings

The court may suspend the proceedings in the cases:
1) the termination or reorganization of a legal entity;
2) long-term illness of an individual and his lack of other valid reasons;
3) for any other reasons deemed valid by a court.

Article 98. Resumption of proceedings

Court resumes the proceedings after the elimination of the circumstances that caused his suspension.

Article 99. The order of suspension and resumption of proceedings

On the suspension of the proceedings and its resumption of the court shall issue a ruling. The court ruling on the suspension of the case can be appealed in the manner prescribed by this Code.

Chapter XIV. DISCONTINUED
ON THE CASE

Article 100. Grounds for termination of the proceedings

Court shall terminate the proceedings:
1) if the matter can not be settled by the court;
2) if there is a court decision on the dispute between the same parties on the same subject and the same grounds;
3) if the applicant has not taken measures to pre-trial settlement of relations in the cases specified by law or contract, and the possibility of such a settlement has been lost;
4) if the claimant refused the claim and refusal adopted by the court;
5) if the parties entered into a settlement agreement and it is approved by the court;
6) if the legal side of the case face- - liquidated without a legal successor;
7) If, after the death of an individual legal disputes does not allow succession.


Article 101. Settlement Agreement parties

1. The settlement agreement of the parties is allowed at any stage of the trial in any court.
2. Reaching a settlement agreement executed by the parties in writing. The settlement agreement approved by the court, as a decision is made, which indicates the termination of the proceedings. 3
. In approving the settlement agreement of the parties in the court of cassation or supervising instance previously made by the judicial acts canceled and the proceedings terminated.
4. In approving the settlement agreement at the stage of execution of the court shall issue a ruling on termination of the execution of the decision.
5. Settlement Agreement is not approved, if it is against the law or violates someone else's rights and interests protected by law.

Article 102. Refusal of a claim

1. Rejection of the claim is allowed at any stage of the trial in any court.
2. Denial of a claim is made in writing. When making a claim of failure of the plaintiff a decision is made and the proceedings terminated. 3
. When making a claim denial appeal and supervisory court overturned earlier court decisions handed down and stop the proceedings.
4. Denial of a claim is not accepted, if it is against the law or violates someone else's rights and interests protected by law.

Article 103. Order and consequences of termination of the proceedings

1. On termination of the proceedings a decision is made, which can be resolved questions about the distribution between the parties of legal costs, the return of the state duty.
2. In the event of termination of the proceedings secondary application to the court in a dispute between the same parties on the same subject and on the same grounds is not allowed. 3
. The ruling on dismissal of the case can be appealed in the manner prescribed by this Code.

CHAPTER XV. LEAVING claim without consideration


Article 104. Abandonment of the claim without consideration

Court leaves the claim without consideration:
1) if in the court there is a case on a dispute between the same parties on the same subject and on the same grounds;
2) if the applicant did not apply to the bank for obtaining debt from the defendant, when it, according to the legislation of Turkmenistan, shall be obtained through a bank;
3) if the claimant without reasonable excuse fails to appear at the hearing, did not submit the required materials necessary for the resolution of the dispute;
4) if the applicant has not taken measures to pre-trial resolution of the dispute, in the cases specified by law or contract, and the possibility of such a settlement is not lost;

5) If a claim is not signed or signed by a person not entitled to sign it, or a person, the official position is not specified.

Article 105. Order and consequences of leaving the claim without consideration

1. On leaving the claim without considering the decision is made, which can be resolved questions about the distribution between the parties of court costs, a refund of the state fee.
2. Determination of the abandonment of the claim without consideration may be appealed in the manner prescribed by this Code. 3
. After elimination of the circumstances giving rise to the abandonment of the claim without consideration, the plaintiff has the right to revert to the court in a general manner.

CHAPTER XVI. DECISION OF THE COURT

Article 106. Deciding

1. At a resolution of the dispute on the merits the court makes a decision that sets out in writing and signed by the judge.
2. When collegial resolution of the dispute agreed by a majority of votes and shall be signed by all the judges involved in the meeting. A judge who does not agree with the decision shall sign it, but shall be entitled to express in writing his dissenting opinion. 3
. The decision is made after the end of the proceedings. In exceptional cases, for particularly complex cases the decision may be postponed for a period of not more than five days.
4. The judgment shall be lawful and justified.

Article 107. Issues resolved in deciding

When deciding court:
1) evaluates the evidence;
2) determine which circumstances relevant to the case are set and which are not installed;
3) defines the legal acts to be applied in the present case;
4) to decide whether the claim is subject to satisfaction.

Article 108. Content of the decision

1. The Court shall decide the name of Turkmenistan.
2. The judgment consists of introductory, descriptive, motivation and conclusion parts, thus:
1) in the introductory part shall include: the name, case number, date and place of the decision, the name of the parties of the claim is, the composition of the court, prosecutor's family, representatives of the parties and other participants in the judicial process and their positions, the subject of the dispute;
2) The narrative should include a summary of the plaintiff's claims, comment on the statement of claim, the statements and explanations of motions of the parties and their representatives and other persons involved in the case, a description of actions carried out the composition of the court (inspection and examination of evidence and familiarization with the materials directly to their location);

3) in the reasoning part shall include: the circumstances of the case established by the court; the evidence on the basis of which the decision, the reasons for which the court rejected the request and refused to accept the evidence of the parties; legal acts, which the court was guided in making decisions;
4) the operative part must contain conclusions on each application's requirement to satisfy the claim or to refuse the claim in whole or in part. 3
. If the claim in the operative part of the decision shall include the name of the parties, in favor of which to resolve the dispute, the parties which made the recovery of sums of money, or that is required to perform a certain action, the period following these steps, the deadline for payment of sums of money with deferred or installment of execution of the decision, and as other recognized and the facts established by the court.
4. In the operative part of the decision indicated on the distribution of court costs between the parties, the return of the state duty of the State budget.
5. With the participation in several plaintiffs and defendants in the decision specifies how to resolve the dispute in respect of each of them.
6. When considering the original and counter-claims in the decision shall refer to the authorization of each of them and the amount to be collected as a result of set-off.

Article 109. Announcement of decisions

The court's decision is made public. The judge has the right to read out only the operative part of the decision. Parties clarified the procedure for appealing the decision.

Article 110. Joining the court decision into legal force

The decisions of the court shall enter into force after the expiration of ten days after their adoption, if they were not challenged or appealed in cassation.

Article 111. Enforcement of court decisions

Court at the request of the persons involved in the case, take measures to ensure the execution of the decision in accordance with Chapter XI of this Code.

Article 112. The direction of the court decision

The decisions of the court are sent to the persons participating in the case, or they are given a receipt, within five days from the date of their adoption.

Article 113. The additional decision

1. The court may at the request of the persons involved in the case or on its own initiative to take an additional award in cases:
1) if for any requirement set out in the statement of claim has not been decided;
2) if not resolved the question of legal costs;
3) if the court decided the question of the law, does not have the size of the sum awarded to be transferred property or the action that is required to make the defendant.
2. The adoption of additional solutions can be put to consideration of the case on appeal and settled in court.
3
. In case of failure of the decision shall be made in the adoption of additional solutions, which can be appealed.

Article 114. Correction admitted in the court decision slips of the pen and arithmetic errors and clarification of judicial acts

1. The court at the request of the persons participating in the case or on its own initiative shall be entitled to rectify the clerical errors in the judgment and arithmetic errors, not affecting the substance of the court decision.
2. In the case of ambiguities the court decision the court at the request of the persons involved in the case, have the right to explain the decision, without changing its content. 3
. Correction of misprints and arithmetical errors, as well as clarification of the decision of the court issue a ruling, which can be appealed.

CHAPTER XVII. DEFINITION OF THE COURT

Article 115. A determination and its contents

1. If the dispute is not resolved on the merits (adjournment of the case, suspension, termination of the proceedings, leaving the claim without consideration, and in other cases stipulated by the present Code), the court shall issue a ruling.
2. The court must contain:
1) the name, case number and the date of the definitions, names of the parties, amount of the claim, the plaintiff's claim, the composition of the court, the names of the representatives of the parties and other participants in the proceedings, with their positions;
2) a summary of the essence of the dispute or the content of the issue on which a decision is made;
3) the motives of the determination with reference to the normative legal acts;
4) conclusion to address the issue;
5) actions to make the hand, other officials and representatives within the period prescribed by the court.

Article 116. Private definition

1. In case of violation of the resolution of the dispute regulations, any significant deficiencies in the activity of the legal entity or individual, government or other authority, or official court shall issue a special ruling.
2. Self determination is sent to the relevant legal entities and individuals, state and other bodies, officials. 3
. Not later than one month in the private definition of measures must be taken and the results reported to the court.
4. Self determination may be appealed.
5. Persons guilty of non-fulfillment of the requirements of part three of this article, shall be liable in accordance with the law. Accountability will not exempt from the obligation to perform a particular decision and inform the court about the measures taken.

Article 117. Direction determination

Determination sent to the parties and others, which it relates, or delivered to their representatives within seven days from the date of its issuance.


Article 118. Appeal and protest the definition of cassation

The court ruling may be appealed and challenged in cassation:
1) in the cases provided by this Code;
2) in cases where a court prevents the possibility of further movement of the case.

Chapter XVIII. Especially the production of certain categories of cases

Article 119. Consideration of bankruptcy cases

Bankruptcy cases are considered by the court in accordance with this Code and with the specifications established by the laws of Turkmenistan.

Article 120. Cases concerning establishment of facts of legal significance

Statement on the establishment of the facts having legal value, issued in accordance with Article 70 of this Code and are considered by the court in the manner prescribed by this Code.

CHAPTER XIX. PRODUCTION on appeal

Article 121. The right to appeal and protest in cassation

The persons participating in the case, have the right to appeal to the appeal court with the cassation complaint or protest by the court that issued the decision within 10 days from the date of the judicial act.

Article 122. Content of the cassation appeal (protest)

1. In the appeal (protest) shall be indicated:
1) name of the court of cassation;
2) the name of the person filing the complaint (protest), and persons involved in the case;
3) the case number and the date of the judicial act, the subject of the dispute;
4) the requirements of the person filing the complaint (protest), and the grounds on which the applicant considers judicial act wrong, referring to the regulations and case materials;
5) a list annexed to the complaint (protest) documents.
2. The cassation appeal signed by the complainant, or his representative, and the protest - the relevant prosecutor. 3
. The complaint, signed by a representative, the power of attorney confirming his authority to appeal against judicial acts, if it had not been presented in the case.
4. The complaint attached proof of payment of state fees and directions copies of the complaint to other persons participating in the case. The person filing a cassation appeal (protest), directs other persons involved in the case, a copy of the complaint (protest) and the documents attached thereto, which they lack.

Article 123. Response to the cassation appeal (protest)

1. A person involved in the case, upon receipt of a copy of the cassation appeal (protest) may send feedback on it in the court of first or cassation instance in time, providing a flow of withdrawal on the day of consideration of the cassation appeal (protest), and proof of sending copies of reviews of other persons involved in the case .

2. Review signed by the head of the legal entity, individual entrepreneur or his representative. By the response signed by the representative of the power of attorney, confirming its authority to conduct business. 3
. To review may be accompanied by documents that have not been presented before. In this case, to review evidence attached directions to others involved in the case, copies of the documents, which are absent in these individuals.

Article 124. Return of the cassation appeal (protest)

1. The cassation appeal (protest) returns:
1) If the cassation appeal (protest) is not signed or signed by a person not entitled to sign it, or a person whose official status is not specified;
2) if to appeal (protest) is not accompanied by proof of sending its copies to the persons participating in the case;
3) If the appeal is not to the attached documents confirming the payment of state fees in the established order and amount, and in cases where the law provides for the possibility of deferment, installment payment of state fee or reduce its size, not filed a petition for this or a petition has been rejected ;
4) If the cassation appeal (protest) submitted after the deadline and did not contain a request for restoration of the missed deadline;
5) if, prior to determining the direction of acceptance of the cassation appeal (protest) to the production of the persons participating in the case, from the person who filed the complaint (protest) has received an application for her return or recall of protest.
2. On the return of the cassation appeal (protest) a decision is made. Determination of the return of the complaint (protest) can be appealed in the manner prescribed by this Code. 3
. After elimination of the circumstances specified in the first paragraph, second and third parts of this Article, a person involved in the case and has filed a complaint (protest) shall be entitled to re-apply to the court of cassation appeal (protest) in the general order.

Article 125. The procedure for the adoption of the cassation appeal (protest)

The Court of First Instance, having received an appeal (protest), within five days directs the complaint (protest), together with the case in a court of competent jurisdiction, while informing the parties about the time and place of the appeal (protest).

Article 126. The order and timing of the proceedings in the court of cassation

1. The appeal court examines the case collectively, composed of three judges. The court of appeal cases are heard by the rules provided in this Code. At the same rules established for only the first instance, do not apply.

2. The cassation appeal (protest) on the judicial act of the first instance court considered within one month from the date of receipt of the complaint (protest) to the court of cassation.

Article 127. Refusal of the cassation appeal (protest)

1. The person who filed a cassation appeal (protest) shall have the right to abandon it before the decision by the court of cassation.
2. The appeal court has the right to not accept the rejection of the complaint (protest) on the grounds provided by part three of Article 37 of this Code, and to consider the case on appeal. 3
. When making rejection of the complaint (protest), the appeal court ceases production on appeal if the decision is not appealed by other persons involved in the case.
4. On termination of the production of the appeal court makes a decision.

Article 128. The powers of the court of cassation

1. The appeal court is not bound by the arguments of the cassation appeal (protest) and in the proceedings on the case in the current and further evidence submitted verify the legality and validity of the court decision of the first instance court.
2. The appeal court did not accept or consider the new requirements which have not been subject to review in the court of first instance. 3
. The appeal court examined the case, have the right to:
1) leave unchanged the judicial act, and the complaint (protest) is not satisfied;
2) cancel the judicial act in whole or in part and make a new decision;
3) change the judicial act;
4) to cancel the judicial act in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in part.
4. The appeal court has the right to assess additional evidence presented in conjunction with other materials of the case and in the case of cancellation of the judicial act takes a new judicial act, without sending the case for retrial.

Article 129. Grounds to change or cancel a judicial act

1. The reasons for the change or cancellation of the judicial act of the trial court are:
1) incomplete clarification of circumstances relevant to the case;
2) failure to prove relevant to the circumstances of the case, which the Court of First Instance considered to be established;
3) the inconsistency of the findings of the judicial act, the actual circumstances of the case;
4) violation or incorrect application of substantive law or procedural law.
2. Violation or incorrect application of procedural rules is the basis of a change in or cancellation of the judicial act, that the violation has resulted in or could lead to a misuse of the judicial act.

Article 130. Resolution or ruling of the court of cassation


1. As a result of consideration of the cassation appeal (protest) adopted a resolution or determination that is signed by all judges.
2. The decision or ruling of the court of cassation shall indicate:
1) the case number and date of the order or decision, the composition of the court of cassation, the names of the persons present at the meeting with their powers, the date when the judicial act of the first instance and the names of its judges accepted;
2) the name of the person involved in the case, filed a cassation complaint (protest), and others involved in the case;
3) a summary of the essence of the judicial act;
4) the grounds on which raised the question of checking the legality and validity of the judicial act;
5) The arguments set out in response to the cassation appeal (protest);
6) explanations of the persons who were present in the meeting;
7) the circumstances of the case established by the court of cassation, the evidence on which these are based on the circumstances of the findings of the court of cassation, and the arguments on which the appeal court rejects certain evidence and does not apply the legal acts referred to by persons involved in the case, as well as normative legal acts by which the appeal court in making the appropriate decisions;
8) for cancellation or amendment of a judicial act first instantsii- grounds on which the appeal court did not agree with the findings of the trial court;
9) The conclusions of the hearing of the appeal (protest). 3
. The decision or the determination indicates the distribution between the parties of court costs.
4. Resolution or ruling comes into force from the date of its adoption.
5. Decree or ruling to the persons participating in the case or given them a receipt, within five days from the date of its adoption.
6. Decision or determination may be appealed under the supervisory procedure. Appeal against the order or decision does not suspend its execution.

Chapter XX. PRODUCTION supervisory instance

Article 131. Cases in judicial review

Entered into legal force court acts Court of First Instance may be reviewed by way of supervision, respectively, the Judicial Board on arbitration cases the Supreme Court of Turkmenistan, the Bureau and the Plenum of the Supreme Court of Turkmenistan on lodged by the officials referred to in Article 132 of this Code.

Article 132. Persons entitled to lodge a supervisory


1. Chairman of the Supreme Court of Turkmenistan and the Prosecutor General of Turkmenistan have the right to bring protest against judicial acts provincial and Ashgabat city courts, the Arbitration Court of Turkmenistan, the Judicial Board on arbitration cases the Supreme Court of Turkmenistan, the Presidium of the Supreme Court of Turkmenistan.
2. Vice-President of the Supreme Court of Turkmenistan and the Deputy Prosecutor General of Turkmenistan have the right to bring protest against judicial acts provincial and Ashgabat city courts, the Arbitration Court of Turkmenistan and the Judicial Board on arbitration cases the Supreme Court of Turkmenistan.

Article 133. Suspension of execution of judicial acts

President of the Supreme Court of Turkmenistan and his deputies have the right to suspend the execution of the act until the case under the supervisory procedure.

Article 134. Claiming Affairs

1. Chairman of the Supreme Court of Turkmenistan or his deputies shall be cut off from the court case to resolve the issue that there are grounds for lodging an application for supervisory review.
2. Prosecutor General of Turkmenistan and his deputies in cases stipulated by law can claim the business of the courts.

Article 135. lodging

1. If there are grounds for lodging the Chairman of the Supreme Court of Turkmenistan or his assistants bring protest and together with the case of a referral to the appropriate court.
2. Persons participating in the case are entitled to apply for a protest in order of supervision to the officials referred to in the first part of this article in compliance with the rules of Article 122 of this Code. 3
. The application for a protest in order of supervision of the state fee is not paid.
4. The application for a protest in order of supervision should be reviewed within two months. In case of refusal of a protest in order of supervision of the applicant, a reasoned response.

Article 136. Notification of persons participating in the case, and the direction of the copies of the protests

Copies of protest sent to the persons participating in the case. Where appropriate, the persons participating in the case shall be notified of the time and place of the hearing.

Article 137. Reviewed protest

Official who brought the protest in order of supervision, shall be entitled to withdraw it before the start of the proceedings. On withdrawal of the protest shall be notified persons involved in the case. During consideration of the case the protest can not be revoked or changed.

Article 138. The order and terms of the case in order of supervision

1. In the exercise of supervisory case is considered by the rules provided in this Code. At the same rules established for only the first instance, do not apply.

2. The supervisory authority is not bound by the arguments of protest and checks the validity of the adopted judicial acts on the case in full. 3
. The case in the court of supervisory instance is considered within one month from the date of receipt of the case with the protest.
4. At the meeting of the supervisory authorities involved in the revision of the case prosecutor.
5. Judicial board on arbitration cases the Supreme Court of Turkmenistan is considering the case by way of supervision of three judges.
6. The Presidium of the Supreme Court of Turkmenistan is considering the case by way of supervision in the presence of more than half of its members.
7. In proceedings before the Presidium of the Supreme Court of Turkmenistan hear the members of the Bureau a report on the circumstances of the case and the arguments of protest.

Article 139. The powers of the supervisory authority

1. The supervisory authority, having considered the case, have the right to:
1) leave unchanged the judicial act and protest without satisfaction;
2) to change or cancel a judicial act in whole or in part and to adopt a new judicial act;
3) modify or cancel the judicial act and send the case to the court of first or cassation instance;
4) to cancel the judicial act in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in part;
5) to uphold the one previously adopted in the case of judicial acts.
2. Adopted by the court of supervisory instance court act sent to the persons participating in the case within five days from the date of its issuance or handed to them on receipt.

Article 140. Grounds for modification or cancellation of the judicial act

1. The reasons for the change or cancellation of the judicial act as supervision is unlawful or unfounded court decision.
2. Not the right essentially judicial acts on only one formal grounds may be canceled.

Article 141. The order of the judicial act by the court of supervisory instance

1. Judicial board on arbitration cases the Supreme Court of Turkmenistan on the results of consideration of the case in order of supervision takes determination, which shall be signed by the judges who participated in the board meeting.
2. Determination of the Board on arbitration cases the Supreme Court of Turkmenistan shall enter into force upon its adoption. 3
. Execution against decisions of arbitration cases the Supreme Court of Turkmenistan may be suspended by the Chairman of the Supreme Court of Turkmenistan or his deputies to the case to the Presidium of the Supreme Court of Turkmenistan.
4. The Presidium of the Supreme Court of Turkmenistan makes a decision. Regulation shall be deemed adopted if voted for by a majority of the total number of present members of the Bureau. The Chairman shall vote last.

5. Decree signed by the chairman of the session. Presidium Decree comes into force from the date of its adoption. Execution of the Presidium of the decision may be suspended by the Chairman of the Supreme Court of Turkmenistan to the proceedings in the Plenum.

Article 142 is required to specify the supervisory instance court

1. supervisory instance court instructions required for the relevant court again to hear the case.
2. The court of supervisory instance hearing the case in order of supervision, may not establish or consider proved facts which were not established by the court or rejected them, prejudge the question of the reliability or unreliability of a proof of the superiority of one evidence over the other, and that what substantive law should be applied, and what legal act should be adopted under the new examination.

Article 143. The content of the judicial act of the court of supervisory instance

1. The judicial act of the court of supervisory instance shall be indicated:
1) the case number and the date of the judicial act, the composition of the court;
2) the name of the persons involved in the case;
3) cases, the date of adoption of Revised judicial act, the names of the judges who have taken it;
4) a summary of the essence of judicial acts;
5) grounds on which brought about the revision of the judicial act;
6) The arguments set out in its response to the protest;
7) explain the participants in the judicial process;
8) the reasons for which the supervisory authority does not apply the legal acts referred to by persons participating in the case, as well as normative legal acts by which the court of supervisory instance;
9) for cancellation or change of judicial recog- nition of the grounds on which the supervisory review court did not agree with the findings of the court of first or cassation instances;
10) the findings of the examination of the appeal for review of a judicial act;
11) actions that should be performed by persons involved in the case and relevant judicial authorities if the case is sent for retrial.
2. The judicial act of the court of supervisory instance indicates the distribution between the parties of court costs. 3
. The court of supervisory instance court act sent to the persons participating in the case, or given them a receipt within one week from the date of its adoption.

Article 144. Revision of Judicial Acts in the order of supervision by the Plenum of the Supreme Court of Turkmenistan

Decree of the Presidium of the Supreme Court of Turkmenistan in the arbitration proceedings may be reviewed by way of supervision by the Plenum of the Supreme Court of Turkmenistan on the protest of the Chief Justice or the Prosecutor General of Turkmenistan Turkmenistan.


Article 145. Application for a protest at the Plenum of the Supreme Court of Turkmenistan

1. Persons participating in the case are entitled to apply for a protest against the decision of the Supreme Court of Turkmenistan to the Supreme Court of Turkmenistan or the President of the General Prosecutor of Turkmenistan.
2. The application must be considered within a month. In case of refusal of a protest the applicant should be given a reasoned reply.

Article 146. lodging in the Plenum of the Supreme Court of Turkmenistan

1. If there are grounds chairman of the Supreme Court of Turkmenistan or the Prosecutor General of Turkmenistan bring the protest and send it to the Plenum of the Supreme Court of Turkmenistan.
2. Copies of protest sent to the persons participating in the case. 3
. Chairman of the Supreme Court of Turkmenistan or the Prosecutor General of Turkmenistan, who have made the protest, has the right to withdraw it before the commencement of the proceedings in the Plenum. On withdrawal of the person protest, participating in case shall be notified in writing.
4. Prior to consideration of the protest at the Plenum of the Supreme Court of the Supreme Court of Turkmenistan Turkmenistan President may suspend the execution of judicial decisions in the case.

Article 147. The order of consideration of the protest at the Plenum of the Supreme Court of Turkmenistan

1. Session of the Plenum of the Supreme Court of Turkmenistan is authorized in the presence of at least two thirds of its members.
2. The Plenum of the Supreme Court of Turkmenistan to the grievance shall hear the report of a member of the Plenum of the circumstances of the case and the arguments of protest. 3
. To give explanations Plenum can be caused by individuals involved in the case. In this case they are sent notice of the time and place of the meeting of the Plenum. Their absence does not preclude consideration of the case. The plenum is not bound by the arguments of protest and checks the legality and validity of judicial decisions in their entirety.

Article 148. The powers of the Supreme Court of Turkmenistan

1. The Plenum of the Supreme Court of Turkmenistan, having considered the protest in order of supervision, is entitled:
1) to leave the court acts without change;
2) cancel the judicial acts in whole or in part and refer the case for a new trial;
3) modify or cancel the judicial acts and make a new decision, without remitting the case for retrial;
4) to cancel the judicial acts in whole or in part and terminate the proceedings or leave the claim without consideration in whole or in part;
5) to uphold the one previously adopted in the case of judicial acts.
2. Upon review of the case by way of supervision imposed by the Plenum of the decision, a copy of which is sent to the persons participating in the case.


Article 149. Grounds for modification or cancellation of the judicial act by the Plenum of the Supreme Court of Turkmenistan

1. The reasons for the change or cancellation of the judicial act by way of supervision by the Plenum of the Supreme Court of Turkmenistan is unlawful or unfounded court decision.
2. Not the right essentially judicial acts on only one formal grounds may be canceled.

Article 150. Adoption of the decision of the Supreme Court of Turkmenistan

1. The Plenum of the Supreme Court of Turkmenistan makes a decision.
Ordinance shall be deemed adopted if voted for by a majority of the total number of those present at a meeting of the members of the Plenum.
2. Resolution of the Plenum of the Supreme Court signed by the chairman and secretary of the Plenum of Turkmenistan. 3
. Plenum Resolution comes into force upon its adoption.

Article 151 is required to specify the Plenum of the Supreme Court of Turkmenistan

1. Directions of the Supreme Court of Turkmenistan set forth in the decree on the abolition of judicial decisions are binding for the court considering the case again.
2. The plenum may not establish or consider proved facts which were not established in the judicial act or rejected them, prejudge the question of the reliability or unreliability of a proof of the superiority of one evidence over the other, as well as about what substantive law should be applied and a judicial act should be adopted under the new consideration of the case.

Article 152. Review of court determinations as supervision

1. Definitions of the court may be reviewed under the supervisory procedure separately from the decisions in the cases when this Code provides for their appeal or protest, and they prevent further movement of the case.
2. Protests of the court addressed in the manner provided for the consideration of appeals against the court decision.

CHAPTER XXI. Revising judicial acts on newly discovered circumstances

Article 153. Grounds for review

The grounds for the revision of the judicial act on newly discovered facts are:
1) circumstances affecting the merits of the case, which had not been and could not be known to the applicant;
2) the entry into force of a judgment knowingly false expert opinion, knowingly wrong translation, forgery of documents or physical evidence, which led to the adoption of illegal or unjustified court decision;
3) the entry into force of the verdict the criminal actions of the trial participants or their representatives, or criminal acts of judges committed in the consideration of the case;

4) cancellation of the court decision, verdict or other body ruling that gave rise to the adoption of a judicial act;
5) cancellation of the normative legal act on which the judicial act, if the newly adopted normative legal act of a significant impact on the circumstances of the case and has retroactive effect.

Article 154. The order and terms of application

1. Application for review of a judicial act on newly discovered circumstances may be filed in court by the prosecutor and other persons involved in the case, not later than one month from the date when such circumstances become known or should have been known.
2. The applicant shall submit to the persons participating in the case, a copy of the application and documents attached thereto, which they lack. 3
. Attached to the application documents confirming the direction of copy of the application to the persons participating in the case.
4. When submitting an application after the expiry of one month and there is no application for restoration of the missed deadline or in case of non evidence directions copies of the application and attached documents to persons participating in the case, it is returned to the applicant.
5. On the return of the application decision is made.
6. Determination can be appealed and challenged.

Article 155. Consideration of an application

1. Judicial acts first and cassation instances reviewed the same court.
2. Revision of the newly discovered circumstances of court decisions by the court of supervisory instance, is made of the supervisory authority, which changed the judicial act or adopted a new judicial act. 3
. Application for review of a judicial act on newly discovered evidence discussed in the hearing within one month from the date of its receipt. The applicant and the persons involved in the case, sent a notice of the appointment of the application for review, stating the time and place of the hearing. Absence of the persons involved in the case, are not an obstacle to the consideration of the application.

Article 156. Determination of the retrial

1. The court, which adopted judicial act, examined the application for a review of newly discovered circumstances of the judicial act, meets the application and cancel the judicial act or refuse revision.
2. Determination to dismiss the petition for review of newly discovered circumstances of the judicial act may be appealed or protested. 3
. In case of cancellation of the judicial act case is considered by the rules established by this Code.

Chapter XXII. Execution of Judicial Acts

Article 157. Procedures for Execution of Judicial Acts


Judicial acts subject to execution by all state bodies, local executive bodies and local authorities, other bodies, corporations and individuals throughout the territory of Turkmenistan in the manner prescribed by this Code and other normative legal acts of Turkmenistan.


Article 158. Orders
1. The execution of the act is made on the basis of a court order. The order is an executive document. The order is sent to the claimant after the decision enters into force. The order to recover funds granted to the claimant or sent by mail to him and executed the relevant bank. When the recovery of funds in the budget revenue orders forwarded to the tax authority and enforced in accordance with established procedure through the bank. The rest of the orders are executed by bailiffs.
2. If the judicial act adopted in favor of several plaintiffs or against several defendants, the orders are issued, indicating that part of the judicial act, which is subject to execution of this order.
(In edition of the Law of Turkmenistan on 26 January 2007 and 12 June 2007 and the Bulletin of the Mejlis of Turkmenistan, 2007, № 1, Article 4;. Number 2, Article 47)

Article 159. The content of the order

1. The summons shall contain:
1) name of the court that issued the order;
2) the case number on which the order is issued;
3) The date when the judicial act to be executed;
4) the name of the creditor and debtor, their addresses and bank details;
5), the operative part of the judicial act;
6) the date of issue of the order and its duration.
2. If the court before issuing the order given deferred or installment of execution of the judicial act, it indicates how long begins during the term of the order. 3
. The order signed by the judge and shall be certified by the official stamp of the respective court.

Article 160. The deadline for submission of the order for execution

Order may be brought to execution within three months from the date when the judicial act or the end of the deadline set at the delay or installment of its execution, or from the date of the decision on restoration of the missed deadline for the submission of the order for execution. If the execution of the act has been suspended, the time at which it is suspended shall not be included in the three-month period for the submission of the order for execution.

Article 161. Break the deadline for submission of the order for execution

1. The limitation period is interrupted by the presentation of the order for execution, partial execution of the judicial act.
2. In the event of a return order to the claimant in connection with the impossibility of its execution a new deadline for submission of the order for execution shall be counted from the day of his return.


Article 162. Renewal of the term for submission of the order for execution

1. If the deadline for the submission of the order for execution is omitted for reasons that the court recognized as valid, a missed period can be recovered.
2. The application for restoration of the missed period is considered by the court. 3
. As a result of the application decision is made, which shall be sent to the claimant and the debtor.
4. Determination can be appealed and challenged.

Article 163. Duplicate order

1. In case of loss of the order of the relevant court may at the request of the claimant to issue a duplicate on the basis of the decision. The application must be submitted before the deadline for submission of the order for execution.
2. The application for issuance of a duplicate of the order must be accompanied by a certificate of bank institutions, the bailiff, the body connection of the loss of an order or certificate of legal or natural person on the loss of orders and failure to him for execution. 3
. Help the legal entity signed by the head or deputy head and chief (senior) accountant of the legal entity.

Article 164. Deferral and installment of execution of the judicial act, the method and change the order of its execution

1. The court that made the judicial act, at the request of the creditor, the debtor has the right to defer or installments execution of the act, to change the method and the procedure for its implementation.
2. By giving the debtor a delay or installment of execution, the court may take measures to ensure the enforcement of the judgment in the manner prescribed by Chapter XI of this Code. 3
. As a result of the application decision is made, a copy of which is sent to the claimant and the debtor.
4. Determination can be appealed and challenged.

Article 165. Turning enforcement of the judgment

1. Turning the enforcement of the judgment is applied, if the enforcement of the act amended or repealed and adopted a new judicial act on full or partial denial of the claim, or the proceedings were terminated or abandoned the claim without consideration. By turning the enforcement of the judgment to the defendant comes back everything that was recovered from him in favor of the plaintiff on the repealed or modified in the relevant part of the judicial act.
2. Unless enforcement of the act repealed or amended and approved a new judicial act on full or partial denial of the claim, or the proceedings discontinued or the claim is left without consideration in whole or in part, the corresponding court takes judicial act on full or partial termination penalties on a canceled or modified in the relevant part of the judicial act.


Article 166. Resolution of the question of turning the enforcement of the judgment

1. The question of turning the enforcement of the judgment allowed the respective court, which adopted a new judicial act.
2. If the decision on the abolition or amendment of a judicial act is no indication of turning its execution, this issue can be resolved by the trial court. As a result of the application of the defendant about the turn of the judicial act of a decision is made. 3
. The relevant court shall issue an order to return the collected funds, property or its value at the request of the legal or natural person. The application shall be accompanied by proof of execution before the judicial act.

Article 167. The order of foreclosure on the debtor's property

1. In the absence of a legal or physical person funds sufficient for the enforcement of the judgment, may be levied on property belonging to the debtor in accordance with the procedure established by regulatory legal acts of Turkmenistan.
2. Foreclosure of the property belonging to the debtor is allowed only on the basis of a court ruling.

Article 168. Responsibility for the failure of the judicial act

Persons guilty of non-fulfillment of an enforceable court decision, as well as in preventing his execution, shall be liable in accordance with the law. Accountability will not exempt from the obligation to perform a judicial act.



December 19, 2000
Number 52-P