The Code Of Civil Procedure Of Turkmenistan

Original Language Title: Гражданский процессуальный кодекс Туркменистана

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=8376

TABLE of CONTENTS section I GENERAL PROVISIONS Section (II) persons involved in the CASE, their rights and obligations section III production in section IV of the COURT of FIRST INSTANCE CASES in CASSATION section V REVIEW, definitions and regulations ENTERED into force section VI of JUDGEMENTS section VII CIVIL PROCEDURAL RIGHTS of foreign citizens and stateless persons. CLAIMS to foreign States, LETTERS ROGATORY and FOREIGN COURT DECISIONS. INTERNATIONAL TREATIES * code of civil procedure of Turkmenistan is recognized as invalid from July 1, 2016-the law of Turkmenistan on August 18, 2015 No. 260-V.

 
 
The CODE of CIVIL PROCEDURE of the TURKMEN SOVIET SOCIALIST REPUBLIC * in the text of the Code specify the Court, courts, judges replaced respectively by kazyet, kazyety, Kazi-Turkmenistan law dated January 26, 2007 (statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4) * in the text Code Word reference to the Inspector for enforcement kazyetov and correctional work replaced by indication of the bailiff-Turkmenistan law dated June 12, 2007 (statements of the Mejlis of Turkmenistan , 2007, no. 2, art. 47) section I GENERAL PROVISIONS Chapter 1 the BASIC PROVISIONS of Article 1. Legislation on civil proceedings

 
Procedure in civil matters in all courts of Turkmenistan shall be determined by the civil procedure code of Turkmenistan and issued in accordance with the laws of Turkmenistan.
Legislation on Civil Procedure Act establishes the procedure for the consideration of cases on disputes arising from civil, family, labour and collective relations, cases arising from administrative legal relations, and special proceedings. Cases arising from administrative legal relations, and cases of special proceedings are dealt with according to the General rules of proceedings for individual exceptions stipulated by the legislation of Turkmenistan.
Manufacture of civil cases is conducted according to the laws of civil procedure in force at the time of the consideration of the case, individual proceedings or enforcement of the decision of the Court.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 2. Tasks of civil proceedings

 
Tasks of civil procedure are correct and timely consideration and resolution of civil cases in order to protect the property, socio-economic, political and personal rights and freedoms of citizens guaranteed by the Constitution and laws of Turkmenistan, and legally protected interests of citizens, the State and the rights and legally protected interests of enterprises, institutions, organizations, associations, public organizations.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) of Article 3. The right to appeal to the Court for judicial protection

 
Any interested person is entitled, in the manner prescribed by law, apply to the Court for the protection of infringed or contested right or interest protected by law.
Waiver of recourse is not valid.
 


Article 4. The institution of a civil case in court

 
The Court will proceed to consider the civil case: 1) on the application of the person filing for protection of its rights or the law protected interest;
2) on the application of the Prosecutor;
3) on the application of State bodies, enterprises, institutions, organizations and associations, public organizations or individuals in cases where by law they can apply to the Court for protection of the rights and interests of other persons.
Lawsuit Affairs served writs on matters arising from administrative legal relations, and in cases of special proceedings-complaints and petitions.
(As amended by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 5. Administration of justice by the courts alone and on the basis of citizens ' equality before the law and the Court of Justice in civil matters is administered solely by the Court and on the basis of the equality before the law and the Court of all citizens irrespective of their origin, social and property status, racial and national affiliation, sex, education, language, attitude to religion, type and nature of occupation, place of residence and other circumstances.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981, Vedomosti of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 6. The participation of people's assessors and collegiality in civil cases in all courts are tried by judges and people's assessors, appointed or elected in accordance with the law.
Civil cases in all courts of first instance is made judge and two people's assessors.
People's assessors when administering justice, judges enjoy full rights. People's assessors enjoy equal rights with presiding in court in all matters arising in the case and the judgement of the decision.
Consideration of the case on appeal and judicial review is carried out by courts consisting of three judges.

(As amended by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from June 15, 1981, laws of Turkmenistan of May 29, 1991 and May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 7. The independence of the judiciary and the subordination of their only law in dispensing justice in civil cases, judges and people's assessors are independent and subject only to the law. Judges and people's assessors shall settle civil cases on the basis of the law, are guided by their inner ubeždeniem٫ in circumstances precluding extraneous influence on the judiciary.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) of Article 8. The language in which the proceedings are conducted

 
Proceedings in Turkmenistan are conducted in the State language or the language of the majority population in a given area.
Persons participating in the case and did not speak the language of the proceedings, is guaranteed the right to familiarize themselves with the case materials, participation in court actions through an interpreter, as well as the right to speak their own language in court.
Court documents, in accordance with due process of law, are handed over to persons participating in the case, translated into their native language or another language in which they are proficient.
(As amended by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 9. Public hearings

 
Proceedings in all courts shall be open, except in cases where this runs counter to the interests of protecting State secrets.
The closed trial, moreover, allowed to a reasoned ruling in order to prevent the disclosure of information about intimate aspects of the lives of persons involved in a case, as well as ensuring the confidentiality of adoption.
When proceedings in camera are present the persons participating in the case, and their representatives, and where necessary also witnesses, experts and interpreters.
In the courtroom not allowed citizens younger than sixteen years of age, unless they are involved in the case or witnesses.
Hearing in closed session is conducted in compliance with all the rules of legal procedure. Decision of the Court is announced publicly in all cases.
(As amended by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 10. Resolution of cases on the basis of the existing legislation

 
The Court shall adjudicate on the basis of the laws of Turkmenistan, acts of the Supreme authorities of the State. The Court shall apply the acts issued by the other State authorities within their competence.
The Court, in accordance with the law, applies the rules of foreign law.
In the absence of a law regulating the contentious relationship, the Court shall apply the law governing similar relations, in the absence of such legislation, the Court understands the General principles and the meaning of the legislation.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 11. Supervision of the higher courts for judicial activity

 
Supervision over judicial activities of the courts of Turkmenistan, within the limits of the law, the Supreme Court of Turkmenistan carries out.
Regional courts supervise judicial activities district, municipal courts of the respective region.
Ashgabat City Court supervises the judicial activity of the district courts of the city of Ashgabat.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 12. Prosecutorial supervision in civil proceedings

 
Supervision over exact and uniform execution of the laws of Turkmenistan in civil proceedings shall be carried out by the General Prosecutor of Turkmenistan and his subordinates.
The Prosecutor is obliged in all stages of civil proceedings to take legal measures to eliminate any violations of law, such violations may come.
Its powers in civil proceedings the Prosecutor carries out independently of any bodies and officials, subject only to the law and guided by the directives of the General Prosecutor of Turkmenistan.
(As amended by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64: Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 13. Be bound by decisions, determinations and orders of the Court

 
Entered into legal force of the decision, determination and ruling of the Court is compulsory for all enterprises, institutions, organizations and associations, public associations, officials and citizens and subject to execution throughout the territory of Turkmenistan.
Be bound by decisions, determinations and orders does not deprive the persons concerned the possibility of recourse to the courts for protection of rights and interests protected by law, the dispute which the Court had not been dealt with and resolved.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 14. Figuring out the actual facts of the case by the Court, the rights and obligations of the parties
 

The Court must, without limitation submissions and explanations, to take all measures prescribed by law for comprehensive, complete and objective of ascertaining the actual circumstances of the case, the rights and obligations of the parties.
The Court must explain to the persons participating in the case, their rights and obligations, warn about the consequences of committing or abstaining from proceedings and provide persons participating in the case, assistance in the implementation of their rights.
 
Chapter 2 COMPOSITION of the COURT. Article 15 TAPS. The composition of the Court in civil cases are considered: the Court of first instance is composed of judges and people's assessors, in addition to the cases referred to in article 151 in cassation and supervisory bodies-consisting of the Chair and the members of the Court.
In cases where this code a judge granted the right to single-handedly resolve individual questions, it acts on behalf of the Court.
Questions that a judge may allow, can also be addressed by the Court in collegiate team.
(As amended by the Act of September 30, 1992-statements of the Mejlis of Turkmenistan 1992, no. 9, p. 87) Article 151. The case dealt with by a judge alone or judge hears case edinolično1:1) alimony, change their size and termination;
2) for dissolution of marriage if there is no dispute about the property and children;
3) to amend the contract of employment of a residential premises; recognition of the right to living space and annulment right to living space;
4) on establishing the facts having legal value;
5) for damages caused by injury or loss of a breadwinner;
6) on the limitation of legal capacity;
7) recognizing a citizen as incompetent;
8) recognizing untraceable;
9) declaring dead;
10) for rescission of the decision on recognition of untraceable and declare dead;
11) on extension of acceptance of inheritance;
12) on liabilities arising as a result of the injury;
13) complaints against actions by State bodies and officials;
14) for disputes arising from economic relations.
______
1. The code is supplemented by article 151-Turkmenistan law dated September 30, 1992-(statements of the Mejlis of Turkmenistan, 1992, no. 9, p. 87) (as amended by the Act of March 23, 2000-statements of the Mejlis of Turkmenistan 2000, no. 1, art. 2) article 16. Solve order issues by the Court

 
All questions arising in a proceeding shall be decided by the judges in the majority of the votes cast. When resolving each issue none of the judges the right to abstain from voting. The presiding judge shall vote last.
A judge or people's assessor, remaining in the minority has the right to express in writing his dissenting opinion, which is attached to the case, but in the courtroom is not disclosed.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 17. Disqualification of a judge, the Prosecutor and other participants in the process



 

The judge, people's assessor, Attorney, clerk of the court session, expert and translator cannot participate in any proceedings and subject to withdrawal if they directly or indirectly personally interested in the outcome of the case or there are other circumstances giving doubts about their impartiality.
 


Article 18. Grounds for disqualification of a judge

 
Judge people's assessor may not participate in the examination of the case: 1) if they are related to other judges within the Court in this case;
2) if they are relatives of the parties and other persons involved in a case or representatives;
3) if they have been involved in this case as a witness, expert, translator, representative, the Prosecutor, the clerk of the Court;
4) if they personally, and their relatives are directly or indirectly interested in the outcome of the case.
 
Article 19. Inadmissibility of repeated participation of judges, the trial judge, who took part in the examination of civil cases in the Court of first instance may not participate in the examination of this case in the Court of appeal or judicial review, as well as to participate in the new case before the Court of first instance in case of cancellation rendered his decision, ruling or order, which the case before the Court of first instance decided on the merits.
The judge, who took part in the proceedings before the Court of cassation instance may not participate in the examination of this case in the Court of first instance in judicial review, as well as in the new case in the Court of Cassation after undefine pronounced.
The judge, who took part in the proceedings for judicial review, may not participate in the consideration of the same case in the Court of first instance and a Court of Cassation.
Member of the Presidium of the velaâtskogo, the Ashgabat City Court or the Supreme Court of Turkmenistan, which participated in the consideration of a case on the podium, cannot participate in the examination of this case in the Court of first instance, the Court of Cassation or judicial oversight board on civil cases.
Member of the Presidium of the velaâtskogo, the Ashgabat City Court or the Supreme Court of Turkmenistan, who participated in the trial first, cassation or supervisory instance may not participate in the examination of this case in the composition of the Bureau of the Court.

Member of the Supreme Court of Turkmenistan's participation in the trial first, cassation or supervisory instance does not deprive it of the right to participate in the consideration of the case, consisting of the plenum of the Supreme Court of Turkmenistan.
Participation of one member of the Supreme Court of Turkmenistan in a case consisting of the plenum of the Supreme Court does not deprive it of its right to consider the case again before the Court of first instance, cassation and supervisory.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, August 25, 1983 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; 1983, no. 24, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 20. Grounds for disqualification of the Prosecutor, expert, interpreter and clerk of the grounds for disqualification set forth in article 18 of this code also apply to the Prosecutor, expert, interpreter and clerk.
The expert, Furthermore, cannot participate in the examination of the case: 1) if he is or was in the service, or otherwise dependent on the parties or other persons participating in case or representatives;
2) if he made the revision material which led to the initiation of this civil case;
3) in the case where you find him incompetent.
Participation of the Prosecutor, expert, interpreter and clerk in the previous examination of the case as, respectively, the Prosecutor, expert, translator, clerk does not constitute grounds for their objection.
 
Article 21. Grounds for removal of the representative of a public organization or labour collective of the representative of a public organization or labour collective may be disqualified from participating in the case, if it is directly or indirectly personally interested in the outcome of the case or there are other circumstances giving doubts about his impartiality.
 
Article 22. Statement on abstentions in the circumstances specified in articles 18-21 of this code, a judge, people's assessor, Attorney, expert, translator, court clerk and representative of a public organization or labour collective are obliged to declare his rejection. On the same grounds the withdrawal may be challenged by persons involved in the case.
The withdrawal must be motivated and challenged prior to the consideration of the merits of the case. A later statement disqualification shall be permitted only in cases where the basis for removal became known to the person asserting the withdrawal, after the start of the hearing.
If such circumstances become known to the Court after the case, the Court is obliged to report them at the court hearing to resolve the issue of the disqualification.
 


Article 23. To resolve the alleged diversion of

 
In case of disqualification, the Court must hear the views of those involved in the case, as well as to hear the person who challenged if challenged wished to give an explanation.
The question of disqualification of a judge or people's assessor allowed other judges in the absence of the CAF. With an equal number of votes cast for and against the withdrawal, a judge or people's assessor is considered allocated.
Withdrawal, claimed several judges or the entire Court allowed these same Court en banc by a simple majority.
The question of disqualification of a Prosecutor, expert, translator, clerk of the Court, and the representative of a public organization or labour collective are allowed by the court seised.
The question of disqualification shall be resolved by a court in the retiring room.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 24. Consequences of satisfaction statements of objection

 
In case of disqualification of a judge, juror or the whole Court case in etrap, municipal court case is pending in the same court, but otherwise composed of judges or is transmitted for consideration to another ètrapskij, City Court if the etrap, municipal court, where the case is decided, the replacement judge becomes impossible.
In case of disqualification of a member of the Court, the people's assessor or the whole Court case in velaâtskom, Ashgabat City Court and the Supreme Court of Turkmenistan is in the same court, but in a different panel of judges.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, June 15, 1981, August 25, 1983, and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; 1981, no. 17, p. 64;  1983, no. 24, art. 64; 1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 3 JURISDICTION Article 25. The jurisdiction of the courts within the jurisdiction of the Courts in civil cases: 1) cases on disputes arising from civil, family, labour and collective relations, if at least one of the parties to the dispute is a citizen, except when the resolution of such disputes referred by law to conduct administrative or other bodies;
2) case for disputes arising from economic legal relations;
3) cases arising from administrative legal relations referred to in article 233 of this code;
4) cases of special proceedings listed in article 247 of this code;
5) other cases reserved to the competence of the courts.
The courts also hear cases involving foreign citizens, persons without citizenship, foreign enterprises and organizations.

(In red.  Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from September 20, 1977, June 15, 1981 and laws of Turkmenistan dated November 12, 1991, May 13, 1994, 23 March 2000, the Statements of the Supreme Council of TAJIKISTAN SSR, 1977, no. 18, art. 105; 1981, no. 17, art. 64; 1991, no. 16, art. 171;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2000, no. 1, art. 2) article 26 removed-Turkmenistan law dated May 13, 1994-(statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 27. Transfer disputes to arbitration court permission

 
In the cases provided for by law or international treaties, dispute of civil legal relations, by agreement of the parties, may be submitted to the arbitration court permission.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from December 28, 1987 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1987, no. 36, item 177; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 28. Jurisdiction of several related requirements when combining several related requirements, some of which fall within the jurisdiction of the Court, and others-Economic Court, all claims shall be subject to review in the courts.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) 4. EVIDENCE of Article 29. Evidence evidence in the civil case are any factual information on the basis of which a particular law court establishes the presence or absence of circumstances that justify the claims and objections of the parties, and other circumstances of importance for the proper determination of the case.
These data shall be established by the following means: the explanations of the parties and third persons, witnesses, written evidence, material evidence and expert opinions.
 


Article 30. The burden of proof and evidence

 
Each party must prove those circumstances to which it refers as based on its claims and objections.
Evidence presented by the parties and other persons involved in the case. If the evidence is insufficient, the Court invites the parties and other persons participating in the case to submit additional proof or collect them on their own initiative.
 


Article 31. Letters rogatory

 
The lex fori if necessary evidence in another city or etrap instructs the relevant court to make certain procedural steps.
In determining the judicial order summarized the substance of the case, specify the circumstances to be clarified, the evidence that must collect the Court performing the task. This definition is necessary for the Court to which it is addressed, and must be completed within ten days.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 32. The order of execution of the letter rogatory

 
The execution of the letter rogatory is produced in court according to the rules established by the present code. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the fulfilment of the order.
Protocols and all collected when you run errands materials immediately forwarded to the court hearing the case.
If the persons involved in the case or witnesses gave testimony to the Court, explanation or performing the order, will be in the court hearing the case, they provide explanations and evidence in General.
 


Article 33. Relevance of evidence

 
Court accepts only those submitted evidence which are relevant to the case.
 


Article 34. Admissibility of evidence

 
The circumstances of the case, which by law must be confirmed by specific evidence, cannot be confirmed by any other means of proof.
 


Article 35. Grounds for exemption from proof

 
Circumstances known as established by the Court do not need proof.
The facts established by a final decision of the Court on one civil case not proved again when dealing with other civil cases involving the same persons or their successors.
An executory sentence in a criminal case is mandatory for the court hearing the case on the civil consequences of the actions of a person in respect of whom a court sentence took place only on whether these actions and whether they.
Facts not established law assumes theorems in the case, but such an assumption may be refuted in a general way.
 


Article 36. Evaluation of evidence

 
The court assesses the evidence on their inner conviction, based on a comprehensive, complete and objective examination in court all the circumstances of the case in its entirety, in accordance with the law and socialist legal consciousness.
No evidence has predetermined force for the Court.
 
Article 37. Providing evidence of persons who have reason to fear that the submission of evidence available to them will become subsequently impossible or difficult, can ask the Court about providing this evidence.
Securing of evidence before the trial is made public notaries in the manner prescribed by the law on notary.

(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1975, № 4, p. 11; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 38. Statement on securing evidence

 
In a statement on the provision of evidence must be shown: evidence that you must provide; circumstances to confirm that require such evidence; reasons the applicant request the provision of evidence and the case, which requires evidence provided.
The statement is filed with the Court in the territory of which must be done to ensure evidence proceedings.
The definition about refusal in acceptance statement may be filed a private complaint or brought a private protest.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 39. Procedure on evidence

 
Securing of evidence produced by the Court or judge according to the rules established by the present code.
The claimant and other persons participating in case shall be informed about the time and place of the meeting, but their absence does not preclude consideration of application for providing evidence.
Protocols and all the collected evidence in order to ensure materials are forwarded to the court hearing the case.
 


Article 40. The explanations of the parties and third persons

 
Explanations of the parties and third persons known to them the circumstances relevant to the case are subject to verification and evaluation along with other evidence gathered in the case evidence.
Recognition of the facts on which the party other party bases its claim or objection, the Court is not required.
The Court may consider a recognised fact established, if he has no doubt that recognition corresponds to the circumstances of the case and not committed party under the influence of fraud, violence, threats, delusion or to conceal the truth.
 


Article 41. Testimony

 
A witness may be any person who may be aware of any circumstances relating to the case.
A witness may be questioned solely about the facts to be ascertained in this case. If the testimony is based on the message of other persons, these persons should also be questioned.
Cannot serve as proof of the reported witness data based on the information, the source of which is not known.
As witnesses cannot be summoned and interrogated: 1) representatives in civil proceedings or criminal proceedings-defenders of the circumstances which have become known to them in connection with the performance of the duties of the representative or counsel;
2) persons who due to physical or mental disability may not correctly perceive the facts and give the correct testimony about them.
 


Article 42. The content of the statement of a witness is called

 
The applicant is obliged to call a witness to indicate which circumstances relevant to the case, the witness can testify and tell the Court his name, patronymic, surname and domicile or place of work.


 



Article 43. Duties of witnesses

 
A person called as a witness is required to appear in court and give truthful testimony.
For refusal to give testimony or for knowingly giving false testimony, the witness shall be liable under articles 203 and 204 of the Criminal Code of Turkmenistan, and for failing to appear in court on article 1772 Code on administrative offences.
A witness may be questioned by the Court in its seat if it because of illness, old age, disability or other good reason not able to appear when summoned by the Court.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13; 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 44. Written evidence

 
Written evidence are acts, documents, letters of business or personal nature, containing information about the circumstances relevant to the case.
The person presenting written evidence or applying for his discovery, is obliged to indicate what circumstances relevant to the case, the evidence may be established.
 
Article 45. Order claim and submission of written evidence, the applicant before the Court on discovery of any written evidence from persons involved or not involved in the case should indicate this evidence and indicate the grounds on which it considers that the proof is this person.
Written evidence required by the Court from enterprises, institutions, organizations and associations, social organizations or citizens, are sent directly to the Court.
The Court may also issue a person the applicant about the discovery of written evidence, the right to obtain it for presentation in court.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 46. The obligation of submission of written evidence

 

Not participating in the enterprises, institutions, organizations and their associations, social organizations or citizens who are unable to provide the required written evidence or submit it to the period of time set by the Tribunal, are required to notify the Court with reasons.
If the requirement of the Court for the submission of written evidence not met, as well as in the case of neizveŝeniâ the Court about the impossibility of the required written evidence for reasons recognized by a court to be unreasonable, responsible officials of enterprises, institutions, organizations and associations, public organizations and citizens have a responsibility under article 1772 Code on administrative offences. A fine does not relieve the relevant officials and citizens from the obligation of submitting written evidence sought by the Court.
Written evidence, as a rule, be submitted in original. If provided with a copy of the document, the Court may, if necessary, require the submission of an original.
(In the redaction of Laws of Turkmenistan dated May 29, 1991 and from May 13, 1994-statements of the Mejlis of Turkmenistan, 1991, no. 9-10, p. 101; 1994, no. 1-2, art. 6) article 47. Examination and study written evidence in their place of storage at the difficulty of submitting written evidence to the Court, the Court may require the submission of a duly attested statements or to inspect and study written evidence in their place of storage.
 


Article 48. Return of original documents

 
Original documents in the case, at the request of persons submitting these documents can be returned to them after the entry into force of the Court decision into legal force. However, in the case left the judge certified copies of those documents.
 


Article 49. Physical evidence

 
Exhibits are items that its qualities, properties or by presence can serve as a means of establishing the circumstances relevant to the case.
The person submitting the material evidence or applying for his discovery, shall indicate which relevant to the circumstances of this proof can be established.
 
Article 50. The order of discovery and presentation of evidence the applicant before the Court on discovery of any things as evidence from those involved or not involved in the case, should describe this thing and specify the grounds on which it considers that a thing is this person.
Evidence required by the Court from enterprises, institutions, organizations and associations, public organizations or individuals are forwarded directly to the Court.
The Court may also issue a person the applicant about the discovery of evidence, the right to obtain it for presentation in court.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 51. The obligation of submission of evidence

 
Not participating in the enterprises, institutions, organizations and their associations, social organizations or citizens who are unable to provide the desired thing or submit it to the period of time set by the Tribunal, are required to notify the Court with reasons.
If the requirement of the Court on submission of things not done, as well as in the case of neizveŝeniâ the Court about the impossibility of submitting evidence for reasons recognized by a court to be unreasonable, responsible officials of enterprises, institutions, organizations and associations, public organizations and citizens have a responsibility under article 1772 Code on administrative offences. A fine does not relieve the relevant officials and citizens from the obligation to provide the required court stuff.
(In the redaction of Laws of Turkmenistan dated May 29, 1991 and May 13, 1994-statements of the Mejlis of Turkmenistan, 1991, no. 9-10, p. 101;  1994, no. 1-2, art. 6) article 52. Storage of physical evidence

 
Exhibits stored in the or special inventory are luggage storage of physical evidence Court.
Things that cannot be delivered to the Court, are stored in their whereabouts; they must be described in detail and, if necessary, photographed and sealed.
The Court shall take measures to preserve things in an unchanged state.
 
Article 53. Examination of evidence subjected to perishable products and other perishable thing, immediately inspected the Court, then returned to the persons from whom they were received or transferred to enterprises, institutions or organizations that can use them for other purposes. In the latter case, the owner of the things subsequently must be returned to the items of the same kind and quality, or their value to State prices at the time of return.
 


Article 54. Return of exhibits

 
Evidence after the entry into force of the court verdict returned to persons from whom received or given to persons for whom the Court has recognized the right to these things.
Items which by law may not be in the possession of citizens shall be transmitted to the relevant public enterprises, institutions or organizations.

In some cases, physical evidence after examination and research their court can be until the end of the case returned to the persons from whom they were received, if the latest on how to apply and if pleased such a motion may, without prejudice to the consideration of the case.
 


Article 55. Appointment of experts by the Court

 
To explain the arising in the case of issues that require special knowledge in the field of science, art, technology or crafts, the Court shall appoint an expert. In case of need, can be assigned to several experts.
When appointing experts, the Court takes into account the views of the parties, their representatives and others involved in the case.
Each person involved in the case have the right to submit questions to the Court, which should be explained to the expert. Finally the range of issues requiring findings of expert, determined by the Court. Deviation of issues proposed by participating in the others, the Court is obliged to motivate.
 


Article 56. The order of examination

 
Examination is carried out by the experts of the relevant institution or other specialists appointed by the Court. An expert can also be triggered by any person with the necessary expertise to give an opinion.
The expert shall determine on its own behalf and is personally responsible for his imprisonment.
At the time of appointment in the case of several experts before making conclusions, they deliberated among themselves. If the experts come to the General conclusion, most signed by all experts.
In case of disagreements between experts each expert is its conclusion separately.
 


Article 57. Duties and responsibilities of the expert

 
A person appointed an expert, shall present himself when summoned by the Court and give an unbiased opinion on the raised before it.
For refusal without good reason from performing his duties, the expert is liable under article 204 of the Criminal Code of Turkmenistan, and for obviously falsified findings under article 203 of the Criminal Code of Turkmenistan.
(In the redaction of Laws of Turkmenistan dated May 29, 1991 and May 13, 1994-statements of the Mejlis of Turkmenistan, 1991, no. 9-10, p. 101; 1994, no. 1-2, art. 6) article 58. Law expert

 
The expert has the right to: 1) to get acquainted with the materials of the case and collected evidence in the case, which is required to give opinions;
2) to participate in judicial proceedings, the court motions for the admission of new evidence and on the provision of additional materials.
The expert may refuse to give opinion, if the material before it was insufficient to give opinion or question goes beyond his expertise.
 


Article 59. Expert's opinion

 
Expert gives his opinion in writing.
The opinion of the expert shall contain a detailed description of the research produced, made as a result of their findings and reasoned responses to the Court's questions. If the expert in the production of examination will establish the circumstances relevant to the case, about which no questions were asked, it may include conclusions about these circumstances, in my opinion.
 


Article 60. Evaluation of court expert opinion

 
Expert's opinion for the Court, and not necessarily assessed by the Court according to the rules established in article 36 of the present code. The Court disagreed with the conclusion must be motivated in the case or in the definition.
 
Chapter 5 LEGAL EXPENSES Article 61. Court costs legal costs consist of the State fee and the costs associated with the case.
 


Article 62. Exemption from payment of court fees

 
From payment of court costs to the State are exempted: 1) the plaintiffs-employees-of claims for recovery of wages and other claims arising from the employment relationship; farmers-to collective claims on pay and other requirements related to employment;
2) plaintiffs for claims arising from copyright, as well as the right of discovery, invention, rationalization proposal and industrial designs;
3) plaintiffs claims for alimony;
4) plaintiffs claims for damages caused by injury or other impairment of health, as well as the death of the breadwinner;
5) bodies of social insurance and social security bodies by recourse claims to recover amounts tortfeasor benefits and pensions paid by the victim while the bodies of social security also claims for the recovery of wrongly paid benefits and pensions;
6) plaintiffs in claims for compensation for material damage caused by the crime;
7) citizens-with appeals in cases of dissolution of marriage;
8) the organs of the Procurator's Office, as well as public authorities, enterprises, institutions, organizations and their associations, public organizations or individuals in cases stipulated by the current legislation, statements in court to protect the rights and interests of others;
9)-financial authorities for filing in court statements on matters of special production;
10), citizens, public authorities, other bodies and officials on matters arising from administrative legal relations, except in cases of complaints against unlawful actions by State bodies or officials that infringe the rights of citizens;

11) hand-on disputes relating to the compensation of damage caused to a citizen by unlawful conviction, unlawful prosecution, unlawful use as preventive detention or unlawful imposition of an administrative penalty in the form of arrest or corrective labour.
The legislation of Turkmenistan may be included in other cases the parties ' release from payment of court costs in the State.
The Court or a judge, on the basis of the property status of the citizen, are entitled to exemption from payment of court costs in the State.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from June 15, 1981, January 19, 1982, April 19, 1988 and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;  1982, no. 2, art. 2; 1988, no. 8, art. 41; 1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 63. A deferral or payment byinstallments of court costs and reducing the size of the Court or a judge, on the basis of the property status of the parties, may postpone or spread out one or both of the parties the payment of legal costs exacted in State revenue, or reduce the amount of these expenses.
 


Article 64. The size of the State duty

 
Every statement of claim, the original or a counter, a statement on preddogovornym disputes, third party claimant's statement separate requirements for dispute has already initiated the process, the application (complaint) a special production of State fee shall be paid in the following amounts: 1) with the price of the suit until the minimum wage -5 per cent of the amount of the claim;
2) at a price above the minimum wage -15 per cent of the amount of the claim;
3) suits for divorce-10 per cent of the minimum wage;
4) of claims for termination of remarriage-15 per cent of the minimum wage;
5) for any claims in the event of Division of property upon the dissolution of marriage, the size is determined in accordance with paragraphs 1 and 2 of this article;
6) claims about the dissolution of a marriage with a person recognized in the established order missing or incompetent due to mental illness or dementia, or persons convicted to deprivation of liberty for a term not less than three years, -1 per cent of the minimum wage;
7) claims on alternation or cancellation of the contract of employment accommodation, on the extension of the acceptance of inheritance, for release of property from seizure and other non-proprietary nature of claim or not subject to assessment-5 per cent of the minimum wage;
8) on Petitions (complaints) on matters of special proceedings-5 per cent of the minimum wage;
9) for any claims in connection with preddogovornymi disputes-7 per cent of the minimum wage;
10) complaints against unlawful actions by State bodies, their officials, infringing upon rights of citizens-5 per cent of the minimum wage;
11) claims on the requirements arising from copyright, as well as the right to discovery, invention, rationalization proposal and industrial designs is 15 per cent of the minimum wage.
Appeals against decisions of the courts are paid State fee in the amount of 50 per cent of the rates payable upon filing of the statement of claim (claims for cases of special proceedings), and for property disputes-betting, calculated from the contested amount in accordance with paragraphs 1 and 2 of this article.
Private complaints of ruling State fee shall be paid.
Exempt from payment of State fee citizens, enterprises, institutions and organizations for issuing documents in connection with cases of alimony.
Issuance of a copy (duplicate) judgements, sentences, definitions, other regulations, as well as copies (duplicates) of other documents from the case issued by the Court at the request of the parties and other persons involved in the case, paid State fee in the amount of 10 per cent of the minimum wage.
(As amended by the Act of September 15, 1998-statements of the Mejlis of Turkmenistan, 1998, no. 3, art. 56) Article 65. Price lawsuit

 
Price claim is determined by: 1) in actions for the recovery of money payable-amount;
2) in claims of discovery property-value of otyskivaemogo property;
3) in lawsuits for the recovery of maintenance payments for totality-one year;
4) in claims on urgent payments and handouts-the aggregate of all payments made or handouts, but not more than three years;
5) in claims on perpetual or lifetime payments and handouts-aggregate payments or handouts for three years;
6) in actions to reduce or increase fees or handouts-the amount by which the reduced or increased charges or extradition, but not more than one year;
7) in claims for termination payments or handouts-combination of remaining payments or handouts, but not more than one year;
8) in claims on premature termination of the contract, tenancy-the aggregate of payments for the use of the property for the remainder of the term of the agreement, but for no more than three years;

9) in claims for ownership of the buildings belonging to the citizens on the right of private property, cost structure, but not below its inventory assessment, or in the absence of her-not lower than estimates for obligatory insurance and for buildings belonging to enterprises, institutions, organizations and their associations, public organizaciâm٫-not below their carrying of evaluation;
10) in claims, consisting of several independent claims, the total amount of all claims.
Price claim indicated by the plaintiff. In case of discrepancy the specified price is the actual value of the otyskivaemogo property determines the amount of the claim, the judge.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 66. Additional payment of State fee

 
When the difficulty of determining the price of a claim at the time of its presentation of the size of the State duty pre-installed judge with the subsequent dovzyskaniem duties commensurate with the costs of a lawsuit, as defined by the Court in resolving the case.
When you increase the claims shortfall fees paid in accordance with the increased cost of the lawsuit.
 


Article 67. The return of the State duty

 
State fee paid shall be returned partially or completely in the following cases: 1) the making of duties in a larger size than is required by current legislation;
2) rejecting the application;
3) return the claim to the plaintiff on the grounds set out in article 132 of this code;
4) termination of proceedings on the grounds provided for in paragraphs 1 and 2 of article 221 of the present code;
5) abandonment without considering the statements on grounds provided for by paragraphs 1 and 2 of article 223 of the criminal code.
In the case provided for in paragraph 1 of this article, state tax returns an amount too as.
In accordance with the legislation of Turkmenistan, the State duty refundable and in other cases defined by the Ministry of economy and Finance of Turkmenistan.
Refund of the State fee shall be subject, if the claim for refund was submitted to the Court before the expiry from the date of crediting the amount to the budget.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from June 15, 1981, and the Act of May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 68. Costs associated with processing the case

 
Costs related to the case are: 1) sums payable to witnesses and experts;
2) costs associated with the production of on-site inspection;
3) costs for the tracing of the defendant;
4) costs related to the execution of a judgment of the Court;
5) wage costs lawyer, produced at the expense of the State.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983, Vedomosti of the Supreme Council of TAJIKISTAN SSR, 1983, no. 24, p. 64) article 69. Amounts payable to witnesses, experts and interpreters witnesses, experts and interpreters shall be reimbursed costs incurred in connection with their appearance before the court expenses and employment facilities and daily allowances.
Experts and translators are paid for work done at the request of the Court, if this work is not included in the scope of their official duties.
For employees called as witnesses is preserved for all time spent in connection with their appearance before the Court, the average earnings by place of work. Witnesses who are not employees, for their distraction from work or normal are rewarded.
 
Article 70. Recovery from Parties of amounts payable to witnesses and experts amounts to be issuance of witnesses and experts or required for payment of expenses for production of on-site inspection shall forward the party who so requests. If the request relates to both parties or call witnesses, experts, on site inspection is carried out on the initiative of the Court, the amount shall be made by the parties in equal shares.
Listed in this article are not intended to amount a party exempted from payment of court fees.
 
Article 71. Payment of sums due to witnesses, experts and interpreters of amounts owed to witnesses, experts and interpreters, are paid by the Court to fulfil its responsibilities. Witnesses and experts, these sums are paid regardless of the recovery of their parties.
Procedure for payment and the amounts to be paid are established by the Cabinet of Ministers of Turkmenistan.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 72. The distribution of costs between the parties

 
The party in whose favour the award is made, the Court shall award to the other party all costs incurred in the case of court costs, at least this side and was exempted from payment of court costs in the State. If an action is satisfied in part, the amounts referred to in this article are awarded in proportion to the plaintiff the Court satisfied the claim, and the respondent-proportionally to the part of the claim in which the claimant refused.
The rules set out in this article, apply also to State duty, as parties in filing appeals.

If a higher court without referring the case for a new consideration, change held a decision or makes a new decision, he alters the distribution of court costs.
 
Article 721. Providing legal assistance to citizens free of charge, the judge in preparing the case for trial or court, in a case may, on the basis of wealth, citizen, release it completely or partially from payment for legal assistance and attributed the wage costs of a lawyer at State expense.
The amounts to be paid to legal advice, shall be determined in accordance with the rules governing legal assistance to citizens of bar associations.
The judge's ruling or judgment about full or partial release from payment for legal assistance citizen shall be sent at the same time legal consultation and financial authority at the location of the Court for execution.
(Introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983, Vedomosti of the Supreme Council of TAJIKISTAN SSR, 1983, no. 24, p. 64) Article 73. Reimbursement for payment of the assistance of a lawyer

 
The party in whose favour the award, on the other hand the court awards costs to pay for the assistance of a lawyer involved in the case, of up to five percent of the satisfied part of the claim, but not exceeding the established norms governing payment of legal assistance to citizens of bar associations.
If, in accordance with established procedures, the legal counsel was provided free of charge, the Court-side charges on the other hand a specified amount in favor of legal advice or the State, if the decision to release the parties from paying for legal assistance was taken in the manner provided for in article 721 of this code.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from June 15, 1981 and August 25, 1983-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; 1983, no. 24, p. 64) Article 74.

 
On the side, bad faith declared groundless claim or dispute against the claim or systematically protivodejstvovavšuû the correct and rapid consideration and resolution of cases, the Court may entrust the payment in favor of the other side pay for actual loss of working hours in accordance with average earnings, but no more than five per cent of the satisfied part of the claims.
 
Article 75. Distribution of judicial and other costs while the denial of the claim and the settlement agreement with the failure of the plaintiff from suing the defendant's legal costs incurred are not reimbursed. However, if the claimant does not support their claims due to voluntary satisfaction of their defendant after the plaintiff, the Court, at the request of the plaintiff from the defendant all awards the plaintiff in the case of judicial costs and costs of legal counsel.
If the parties when concluding amicable agreement does not contemplate the distribution of judicial expenses and to pay for a lawyer, the Court decides this question in relation to articles 72, 73 and 77 of this code.
 
Article 751. The distribution of costs relating to the complaint costs associated with processing the complaint, may be imposed by the Court on the citizen, unless the Court decides to dismiss the complaint or to the Government authority or official, if it determines that the actions of that body or official are illegal.
(Introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 19, 1988 and in the wording of the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1988, no. 8, art. 41; 1991, no. 9-10, art. 101) article 76. Reimbursement of legal costs to parties

 
In case of refusal in whole or in part, in a lawsuit the organs of the Procurator's Office, as well as Governments, trade unions, enterprises, institutions, organizations and their associations, public organizations or individuals who applied to the Court for the protection of the rights and legitimate interests of other persons, the defendant shall be reimbursed from the budget incurred legal costs fully or proportionally to the part of the claim in which the claimant refused.
In case of refusal against the respondent hired by the Court in the manner provided by paragraph 3 of article 102 of the present Code, incurred legal fees reimbursed from the budget.
In the case of a claim for release of property from seizure to the plaintiff returned from the budget incurred legal costs.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 77. State reimbursement of court costs

 
Costs associated with processing the case, and the State fee from the payment of which the plaintiff was released, recovered from the defendant in State revenue in proportion to the satisfied part of the claims.
In case of refusal to claim costs incurred by the Court in connection with the consideration of the cases recovered from the plaintiff in State revenue.
If an action is satisfied in part, and the defendant is released from payment of court costs, costs incurred by the Court in connection with the consideration of the cases collected in State revenue from the plaintiff, are not released from payment of court fees, in proportion to that part of the claim, in addressing which denied.

If both parties are exempted from payment of court costs, the costs incurred by the Court in connection with the consideration of the case, are at the expense of the State.
In case a person tracing defaulting payment of amounts due from the payment, the court charges him tracing the production costs to the State.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983-statements of the Supreme Council of TAJIKISTAN SSR, 1983, no. 24, p. 64) article 78. Appeal and protest the definitions on issues related to the judicial costs

 
The definitions on issues related to the judicial costs, may be filed a private complaint or brought a private protest.
 
Chapter 6-law is excluded from the TAJIKISTAN SSR May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR 1991, no. 9-10, art. 101) Chapter 7 PROCEDURAL TERMS Article 81. Calculation of procedural time limits, Procedural acts are committed in the terms established by law. In cases where the procedural time periods are not set by law, they are appointed by the Court.
Deadlines for committing procedural action identifies the exact calendar date, showing up at an event that must occur, or time period. In the latter case, the action can be done over the entire period.
The procedural time limit calculated in years, months or days begins on the day following the date or the occurrence of the event which defined his start.
 


Article 82. End of procedural deadlines

 
Term calculated in years shall expire, in the relevant month and the number of the last year of the period. By the date fixed in six months, apply the rules for periods calculated in months. Term calculated in months shall expire, in the relevant month and the number of the last month of the period. By the date specified in a fortnight, is regarded as a period calculated in days, and is considered to be equal to fifteen days. If the end of the period calculated in months falls on such a month, which does not have a corresponding number, the period shall expire on the last day of that month.
In the case where the last day of the period falls on a nonworking day, day of the expiration is considered to be the first next working day.
Procedural action, for which the timeframe can be performed up to twenty-four hours of the last day of the period. If this activity should be done at trial, the last day of procedural term ends when work ends up in court. If the complaint, documents or monies received by mail or telegraph to twenty-four hours of the last day of the period, the period is not considered to be missed.
 


Article 83. The consequences of skipping the procedural deadlines

 
The right to perform procedural actions shall be extinguished with the expiration of a statutory or court-appointed deadline.
The complaint and the documents filed after the expiry of procedural time limits, are left without consideration.
 


Article 84. The suspension of the procedural deadlines

 
For all non-expired procedural time limits shall be suspended with suspension of the proceedings. The suspension dates begins from the time of the occurrence of circumstances giving rise to the suspension of the proceedings. From the date of resumption of production for procedural time limits continues.
 


Article 85. Renewal of procedural deadlines

 
Court-appointed procedural deadlines may be extended by the Court.
 
Article 86. Restoration of procedural time limits, persons who had conceded the statutory period for reasons recognized as valid by a court, a missed period can be recovered.
A statement on the reinstatement of a missed period is filed with the Court, which had to accomplish the procedural action, and is dealt with in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle for resolving the question put to the Court.
Simultaneously with the application for reinstatement period must be committed procedural action (complaint, documents, etc.), which skipped periods.
The decision of the Court on the refusal of renewal of a missed procedural term may be made private complaint or brought a private protest.
 
Article 87. Timing of civil cases for trial and review the training of civil cases for trial should be held not later than in seven-day's term from the date of acceptance of the application. In exceptional circumstances, in cases of particular complexity, except for cases specified in the second part of this article, this period may be extended to 20 days by a reasoned determination of judges.
The case of alimony exaction, for damages caused by injury or other impairment of health, as well as the death of a breadwinner, and according to the requirements arising from labour disputes should be dealt with by the Court of first instance, if the parties are in the same city or region, within ten days, and in other cases, no later than twenty days from the end of the preparation of cases for trial.
The remaining civil cases must be reviewed not later than one month from the date of the end of the preparation of cases for trial.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 23, 1984-statements of the Supreme Council of TAJIKISTAN SSR, 1984, no. 21, p. 93) Chapter 8 JUDICIAL notices and CALLS Article 88. Subpoenas
 

Persons participating in the case and their representatives as well as representatives of non-governmental organizations or labor groups when they have been allowed to participate in the process, informed judicial agendas about the time and place of the court session or individual proceedings. Judicial subpoena is also subpoena witnesses, experts and interpreters.
Persons participating in the case, and representatives of the agenda should be presented so that they have enough time to appear in court and to prepare for the case.
The summons is delivered to izveŝaemomu or calling the person at the address given by the party or other person involved in the case. If on the Court at the address notified by the citizen is actually not live, it can be directed at his work.
Where necessary, a person involved in the case, the representatives, as well as witnesses, experts and interpreters may be advised or called by telegram.
 


Article 89. The content of the agenda

 
The agenda should contain: 1) the exact name of the addressee;
2) name and exact address of the Court;
3) specify the place and time of appearance;
4) the name of the case in which you are calling;
5) as someone called the addressee;
6) persons participating in the case, to submit all their evidence in the case;
7) specifying the obligation of the person who accepted the summons in connection with absence of the addressee at the earliest opportunity to hand it to the addressee;
8) an indication of the consequences of non-appearance (article 43, 57, 159-162 of this code).
At the same time with the judge sends the respondent a copy of the statement of claim and a copy of the documents attached to the request. When the summons addressed to the complainant, the judge sends a copy of the written explanations of the respondent, if they reach the Court.
 


Article 90. Delivery of the agenda

 
The summons is delivered by mail or through a Messenger. The time of delivery to the addressee indicated on the agenda presented by the agenda and in the second instance to be surrendered to the Court.
The judge may, with the consent of the person involved in the case, issue a summons on your hands for another izveŝaemomu or invoked in the case of a person. The person to whom the judge instructed to deliver the summons, shall return to the Court of second instance against a receipt, the addressee in receiving a summons.
 


Article 91. Presentation of the agenda

 
Citizen subpoena shall be served personally against receipt to be returned to the Court of second instance. The summons addressed to the enterprise, institution, organization and their Union, the public organization, awarded the official concerned that signs on the second copy of the agenda.
If the person delivers the summons did not pass the citizen, izveŝaemogo, or called, in his place of residence or work, the subpoena will be given to anyone of living with adult family members or, in the absence of their housing organisation, arčynu village, or both, or the administration of the place of work. In these cases, the person accepting the summons, shall specify the agenda on the second copy of your surname, name and patronymic, as well as relevant to the addressee or the post. The person who accepted the summons, shall as soon as possible, without delay, deliver it to the recipient.
In case of temporary absence of the addressee, the person who delivers the agenda, notes on the second copy of the agenda, where the addressee is eliminated and when it is expected to return. This information must be verified and certified by the appropriate housing organization, arčynom village, or both, or the administration of the enterprise, institution or place of work of the addressee or the signatures of at least two citizens.
Called as a witness a person who has not attained the age of 16, produced through his or her parents or other legal representatives. Another procedure is allowed only in case when it is called by the circumstances of the case.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 92. The consequences of a refusal of the adoption of the agenda

 
In case of refusal by the addressee to accept agenda delivers her face makes a corresponding mark on the table that is returned to the Court. A refusal to accept the summons shall be certified by the relevant housing organization, arčynom village, or both, or the administration of the enterprise, institution or place of work of the addressee or the signatures of at least two citizens. Refusal to accept the agenda is not an obstacle to the consideration of the case.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 93. Obligation to inform about the change addresses during the proceedings, persons involved in the case, and representatives are required to inform the Court about the change of address during the proceedings. If no such message is sent to the agenda based on the last known address of the Court and shall be deemed delivered, even if the addressee at that address no longer resided.
For failure to comply with the obligation to report to the Court about the change of address during the proceedings the Court has the right to prosecute persons involved in the case, and representatives of 1772 Article Code of administrative offences.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13; 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6)
 



Article 94. The Court's action with suspense-seat of the defendant

 
When the defendant's actual place of suspense, the Court will proceed to consider the case upon a court subpoenas with the inscription, certifying the receipt of housing organization or village arčynom or both according to the last known place of residence of the defendant.
When the seat of the defendant claims uncertainty on alimony exaction and on compensation for harm caused personal injury or other impairment of health, as well as the death of the breadwinner, the judge shall declare the respondent wanted through the police.
If the defendant claims the seat suspense of enterprises, institutions, organizations and associations, public organizations, the Court may declare it wanted through the police.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) section (II) persons involved in the case, their rights and responsibilities Chapter 9 a person involved in the case, their rights and obligations Article 95. Persons participating in the individuals involved in the case are: the parties, third parties, the Prosecutor, bodies of State administration, enterprises, institutions, organizations and their associations, public organizations or individuals in the Court for the protection of the rights and interests of other persons, and applicants and interested citizens, public authorities, enterprises, institutions, organizations and their associations, non-governmental organizations on matters listed in articles 233 and 247 of this code.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 96. Rights and obligations of persons involved in the case

 
Persons involved in the case have the right to acquaint themselves with the case materials, make them account statements; claim offsets; submit evidence; participate in a study of evidence; ask questions of other persons participating in the case, witnesses and experts; to submit petitions; give oral and written explanations to the Court; to submit their arguments and considerations on all emerging issues during the trial; oppose the motions, arguments and considerations of others involved in the case; appeal against court rulings; receive copies of decisions, determinations, resolutions and other documents, and use other procedural rights granted to them by this code.
Persons involved in the case are obliged to faithfully use all its procedural rights.
 


Article 97. Civil procedural legal capacity

 
The ability to have civil procedural rights and obligations (civil procedural legal capacity) is recognized in equal measure for all citizens of Turkmenistan, foreign citizens and stateless persons, as well as for enterprises, institutions, organizations and their associations, public organizations, enjoying the rights of a legal person.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 98. Civil procedural legal capacity

 
The ability to exercise their rights in court and charging business representative (civil procedural legal capacity) belongs to the citizens who have reached the age of majority and legal entities.
The rights and legally protected interests of minors aged fifteen to eighteen years of age, as well as citizens, recognized partially capable, are defended in court by their parents, adoptive parents or guardians, however, the Court is obliged to involve themselves in such cases minors or citizens, recognized partially capable.
In cases arising from labour and collective legal relations and from transactions related to income received, minors have the right to defend their rights and interests protected by law. Involvement in such cases their parents, adoptive parents or guardians of minors to help them depends on the discretion of the Court.
The rights and legally protected interests of minors under the age of fifteen years, as well as citizens declared due to mental illness or dementia, are defended in court by their legal representatives-parents, adoptive parents or guardians.
 


Article 99. Hand

 
Parties in civil proceedings-plaintiff or defendant may be citizens, enterprises, institutions, organizations and their associations, public organizations, enjoying the rights of a legal person.
A person in respect of whom the case initiated on application by the Prosecutor, bodies of State administration, enterprises, institutions, organizations and associations, public organizations or individuals (article 4 of this code), the Court is notified of the collision process and participating in it as a plaintiff.
The parties have equal procedural rights.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 100. Change the justification or the subject matter of the claim, the rejection of a claim, the recognition of the claim, the settlement agreement, the plaintiff may amend basis or subject of the action, increase or decrease the size of the claim or to refuse the claim. The respondent may accept the claim. The parties may terminate the case settlement agreement.

The Court does not accept the plaintiff's refusal of the claim, the recognition of the claim by the defendant and does not approve the settlement agreement of the parties, if these actions are contrary to the law or violated someone's rights and interests protected by law.


 



Article 101. Participation in the multiple plaintiffs or defendants

 
An action may be brought by several plaintiffs or multiple defendants. Each of the plaintiffs or defendants in relation to the other side of the stands in the process yourself. Partners can entrust the Affairs of one of the partners.
 


Article 102. Replacing the inappropriate side

 
The Court, having established during the hearing that a claim is not the person that owns the right to claim, or the wrong person, who must respond to the lawsuit, may, with the consent of the plaintiff, the case, to allow the replacement of the original plaintiff or defendant the proper claimant or defendant.
If the claimant does not agree to replace it with another person, that person may intervene as a third party who claims independent claims on the subject of the dispute, as the court notifies the person.
If the claimant does not agree on a replacement for the respondent by another person, the Court may draw this person as the second defendant.
After replacing the inappropriate side consideration of cases starts from the beginning.
 
Article 103. A third party claiming separate requirements for dispute third party claim independent requirements on the subject of the dispute may intervene before the Court ruling. They enjoy all the rights and bear all the responsibilities of the claimant.
 


Article 104. Third parties do not claim independent claims on the subject of the dispute

 
Third parties do not claim independent claims on the subject of the dispute, can intervene on the side of the plaintiff or defendant to rulings by the Court decision, if the decision in the case could affect their rights or 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. Third parties do not claim independent claims, shall enjoy procedural rights and bear obligations of parties but procedural rights to modify the base and the subject of a lawsuit, increase or decrease the size of the claim, as well as the waiver of the claim, the recognition of the claim or the conclusion of a settlement agreement and demand execution of court decisions.
 
Article 105. Involvement of third parties in cases of reinstatement in cases of reinstatement of the dismissed workers or translated illegally, the Court may, on its own initiative, to involve in the case as a third party on the side of defendant officer, under the authority of which was dismissal or transfer. The Court, finding that the dismissal or transfer were made with the clear violation of the law, the same process must impose on official duty to indemnify enterprise, institution, organization and their Union, the public organization for losses suffered in connection with payment for the period of forced absence from work or during the execution of nižeoplačivaemoj work. The size of the awards in these cases with officials of amounts determined by labour legislation.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 106. Procedural succession

 
In the cases of retirement of one of the parties in the disputed or prescribed court legal relation (death of a citizen, the termination of a legal person, an assignment of a claim, transfer of debt), the Court allows the replacement of its successor. Succession is possible at any stage of the process.
For successor all acts performed in the process before his accession, shall be binding to the extent they would be obligatory for a person who was replaced by a successor.
 


Article 107. Participation of the Prosecutor in the process

 
The Prosecutor has the right to go to court to protect the rights and legitimate interests of other persons or to intervene in any stage of the process, if this is necessary for the protection of State or public interests or the rights and legitimate interests of citizens.
Participation of the Prosecutor in the proceedings of the civil case is necessary in cases where it is required by law or when the participation of the Prosecutor in this case by a court.
The Prosecutor involved in the case meets with the materials of the case, said outlets, represents evidence involved in the study of evidence, said the petition, advises on issues arising during the proceedings, and on the merits of the case as a whole, as well as other procedural actions specified by law. The refusal by the Prosecutor from the statement made on behalf of another person, does not deprive this person of the right to demand consideration of a case on the merits. In this case, the legal costs are paid on the same basis.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) Article 108. Participation in the process of public administration bodies, trade unions, enterprises, institutions, organizations and individual citizens, to protect the rights of others
 

In the cases provided for by law, public administration, enterprises, institutions, organizations and their associations, public organizations or individuals can go to court to protect the rights and legitimate interests of other persons. The refusal of these bodies and citizens from the application filed on behalf of another person, does not deprive this person of the right to demand consideration of a case on the merits. In this case, the legal costs are paid on the same basis.
Public authorities in cases stipulated by law may be held by the Court to participate in the process or to join the process on its own initiative, to give an opinion on the case for the implementation of their duties and to protect citizens ' rights and the interests of the State.
Referred to in this article by the public authorities, enterprises, institutions, organizations, through their representatives and private citizens may familiarize themselves with the case materials, taps, provide explanations, submit evidence, participate in research evidence, submit petitions, as well as perform other procedural actions specified by law.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 10 representation Article 109. Business management through the representatives of citizens can conduct its business at the Court in person or through representatives. Personal participation in the citizen does not deprive it of its right to have a representative in this case.
Case of legal persons engaged in court their bodies acting within the powers granted to them by law, statute or regulation, or their representatives. Heads of enterprises, institutions or organizations acting as an organ of the legal person are court documents proving their position or authority.
 


Article 110. Persons who may be representatives in court

 
Representatives in court can be: 1) lawyers;
2) employees of enterprises, institutions, organizations and associations, public organizations-these enterprises, institutions and organizations;
3) authorized trade unions-on business workers, employees, members of the collective, as well as other persons, protection of rights and interests affected by the trade unions;
4) authorized bodies and organizations that by law, statute or regulation given the right to defend the rights and interests of others;
5) authorized organizations and working collectives, which by law, statute or regulation is granted the right to defend the rights and interests of the members of these organizations and working collectives;
51) authorized State body or official in cases mentioned in chapter 241 of this code;
6) is one of the partners on behalf of other partners (article 101 of the present Code);
7) other persons admitted by the court seised to representation in this case.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and laws of TAJIKISTAN SSR from May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 111. Registration Authority representative powers of the representative must be expressed in the letter of Attorney issued and executed in accordance with the law.
Power of Attorney issued to citizens, shall be certified by a notary. Power of Attorney issued by the citizens, may be certified by the Organization, in which the principal works or studies, housing organization in whose territory he resides, a stationary medical institutions, in which the citizen is treated, appropriate military part, if the power of Attorney issued to troops.
Power of attorney on behalf of a legal person shall be issued by the head of the organization concerned.
Authorized trade unions, organizations, bodies, officials and labour collectives (paras. 3, 4, 5 and 51 of article 110 of the present Code) must provide the Court with documents proving the order the relevant organizations, organs, officials or labor groups on implementation of representation in this case.
The authority of a warrant issued by the solicitor legal advice.
Credentials of the representatives referred to in paragraphs 6 and 7 of article 110 of this code can be expressed in the oral statement of the principal on the Court, included in court records.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991-statements Majlis TAJIKISTAN SSR 1991, no. 9-10, art. 101) article 112. The powers of the representative

 
Permission to conduct of a case gives the representative the right to carry out on behalf of the represented all of the proceedings, except in a case to a friendly court or arbitration court, full or partial refusal of the claim, the recognition of the claim, change the subject of the claim, a settlement agreement, the transfer of authority to another person (such), appeal against the decision of the Court, the presentation of a writ of execution to enforce the judgment, obtaining property or money, on which the authorisation of the representative should be specially stipulated in the power of Attorney issued submitted.


 



Article 113. Persons who may not be representatives in court

 

Representatives in court could not be persons who have not attained the age of majority or under guardianship or trusteeship.
Representatives in court cannot be lawyers who took orders for legal aid in violation of the rules established by the legislation of Turkmenistan on the bar. Persons excluded from the Bar Association could not be admitted to the Court Office in the case envisaged by paragraph 7 of article 110 of the present code.
Persons deprived of the judgement of a Court of law to practice law during the period of time specified in the sentence may not be representatives in court.
Representatives in court cannot be judges, investigators and prosecutors. This rule does not apply to speeches in the course of these persons as Commissioners of the Court, Prosecutor or as legal representatives.
Representative in court cannot be a person, if in this case it has or previously had provided legal aid to persons whose interests are inimical to the interests of the sending, or participated as a judge, Prosecutor, investigator, the person who made the inquiry, expert, specialist, interpreter, a witness or a witness, as well as if it is a relative of the officer involved in the case.
While these circumstances representative may be challenged by persons involved in the case.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from June 15, 1981, August 25, 1983 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;  1983, no. 24, art. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 114. Legal representatives

 
The rights and legally protected interests of citizens incapable citizens not possessing full legal capacity, and citizens, recognized partially capable, defended in court by their parents, adoptive parents, guardians or caretakers who are court documents certifying their powers.
In a case in which citizen should participate in the prescribed manner recognized as missing, as his representative supported the guardian appointed for the protection and management of the property of the missing.
In a case in which the heir of a deceased citizen should participate, or is declared dead in the prescribed manner, if the inheritance is accepted by nobody yet, as the representative of the heir to the guardian or acts as guardian appointed for the protection and management of hereditary property.
In the cases referred to in this article, the legitimate representatives may entrust another person in court, elected as a representative.
Legal representatives commit on behalf of all submissions to the proceedings, a right which belongs to the submitted, subject to the restrictions provided for by law.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975-statements of the Supreme Council of TAJIKISTAN SSR, 1975, no. 4, art. 11) title III proceedings before the Court of FIRST INSTANCE 1. Chapter 11 PRODUCTION CLAIM JURISDICTION Article 115. In civil cases, the jurisdiction of the municipal court, ètrapskomu civil cases, subordinate courts are considered ètrapskimi, city courts.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 1151. Civil Affairs velaâtskomu jurisdiction, Ašgabatskom City Court Cases referred to in paragraph 2 of article 25 of the present Code, are considered velaâtskimi and Ašgabatskim city courts as courts of first instance.
Velaâtskij, observer, the Court has the right to withdraw any civil case from ètrapskogo, municipal court, situated in the territory of the velayat, city, and take it to its production as a Court of first instance.
(Introduced by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from May 18, 1971 and as amended by the Laws of Turkmenistan of May 13, 1994, 23 Novruz 2000 г.-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2000, no. 1, art. 2) article 116. In civil cases, the jurisdiction of the Supreme Court of Turkmenistan Turkmenistan's Supreme Court has the right to withdraw any case from any Court of Turkmenistan and take it to its production as a Court of first instance.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 117. Claim at the location of the defendant

 
The suit is brought in the Court for the place of residence of the defendant.
The claim to the legal person is at the location of the legal entity or location of his property.


 



 Article 118. Jurisdiction of the claimant's choice

 
An action against the defendant, whose place of residence is unknown, may be brought according to the location of his property or last known place of residence.
An action against the defendant has no domicile in Turkmenistan, may be brought according to the location of his property or last known place of residence in Turkmenistan.
Claim arising from the activities of the branch of a legal entity may be brought also to the location of the branch.
Claims for recovery of child support and paternity may be brought by the plaintiff to his residence as well.

Claims for compensation for damage caused by injury or other impairment of health or death of the breadwinner, may be brought by the plaintiff is also in his place of residence or at the place of injury.
Claims for compensation for harm caused to property of a citizen or legal person may be brought also to the place of injury.
Claims for damages caused by the collision of vessels, as well as to recover remuneration for assistance and salvage at sea can also be made at the location of the defendant ship or home port of the vessel.
Claims arising from contracts which specify the place of performance, may be brought also to the place of execution of the contract.
Claims for dissolution of marriage with persons, recognized in the established order missing, incapacitated due to mental illness or dementia, as well as persons convicted of the offence to imprisonment for a term not less than three years, may be brought according to the place of residence of the plaintiff.
Claims for dissolution of marriage may be brought according to the place of residence of the plaintiff in the case, when there are minor children or when, for health reasons, leaving the plaintiff to the defendant's place of residence seems to be difficult for him.
Claims for reinstatement of labour, pension and housing rights, return of the property or its value, the reimbursement of damage caused to a citizen by unlawful conviction, unlawful prosecution, unlawful use as preventive detention or unlawful imposition of an administrative penalty in the form of arrest or corrective labour may also be brought according to the place of residence of the plaintiff.
Choose between several courts, which under this article would fall under the jurisdiction the case belonged to the plaintiff.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from October 18, 1966, August 15, 1972, June 15, 1981, January 19, 1982, and the Act of May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1966, no. 20, p. 22; 1972, no. 16, p. 57; 1981, no. 17, p. 64; 1982, no. 2, art. 2; Statements of the Mejlis of Turkmenistan, 1994. No. 1-2, art. 6) Article 119. The exclusive place of jurisdiction

 
Claims for the right to build, on the release of property from seizure, to establishing a system to use the land plot under the jurisdiction of the Court in the location of the property or land.
Claims of creditors of the testator, applicable until the adoption of the inheritance of heirs under the jurisdiction of the Court for the place where the estate or major portion thereof.
Claims to carriers arising from contracts for the carriage of goods, passengers or luggage are at the location of the transport management organization in accordance with the established procedure a claim is made.
 


Article 120. Contractual jurisdiction

 
The parties may by agreement among themselves to change the territorial jurisdiction for this case.
Jurisdiction established by article 119 of this code cannot be changed by agreement of the parties.
 


Article 121. Jurisdiction of several related cases

 
Lawsuit against several respondents, reside or in different locations presented on domicile or at the location of one of the defendants at the option of the plaintiff.
Counterclaim, irrespective of its jurisdiction shall be presented in court at the place of the initial claim.
A civil action arising out of a criminal case, if he was not declared or is not permitted in the manufacture of the criminal case is submitted for consideration in civil proceedings according to the rules of jurisdiction laid down in this code.
 
Article 122. Transfer of the Court to his production, in another court case taken by the Court to its production in compliance with the rules of jurisdiction should be allowed them on the merits, even if it was within the jurisdiction of another court.
The court sends the case to another court: 1) if it considers that this case will be more rapidly, fully and comprehensively reviewed in another court, in particular, on the location of the majority of the evidence;
2) if the respondent is not whom was previously known, initiates a motion to refer the case to the Court of his place of residence;
3) If following the withdrawal of one or more judges to be replaced in this Court becomes impossible;
4) if in proceedings before the Court disclosed that it was dismissed in violation of the rules of jurisdiction.
On the determination of the Court to refer the case to another court may be filed a private complaint or brought a private protest.
The transfer of cases from one court to another court is made on the basis of a reasoned ruling on expiry of the term for appeal and protest this definition, and in the case of a private complaint or sacrificing the private protest-after leaving a superior court complaint or protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81) article 123. Transfer case on jurisdiction

 
The judge or court, finding that the civil case jurisdiction not received this Court, by its decision sends it on jurisdiction.
The Court, finding that in his production deal with another case in the same court, shall determine the direction the case on jurisdiction. The Court has the right to leave the matter in his production only if it has already started its review in the Court.
 

Article 124. Transfer of superior court cases from one court to another in some cases to the most complete, rapid and comprehensive review of the civil case, as well as to best ensure the educational role of the trial proceedings may be transferred from one court to which he or she was in another jurisdiction.
Transfer case on those grounds is permitted only prior to its consideration by the Court.
The issue of the transfer of cases in these cases is permitted within the velayat, city of Ashgabat President velaâtskogo, Ashgabat City Court and out of court one velayat, city of Ashgabat to court other velayat, city of Ashgabat-the President of the Supreme Court of Turkmenistan.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, August 25, 1983 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; 1983, no. 24, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 125 of the Act excluded-May 13, 1994-(statements of the Mejlis of Turkmenistan, 1994. No. 1-2, art. 6) article 126. Inadmissibility of conflicts of jurisdiction

 
The case, sent from one court to another in the manner prescribed by Articles 122-124 of this code should be taken into consideration by the Court, to whom it is directed. Conflicts of jurisdiction between the courts of Turkmenistan shall be permitted.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 12 SUE Article 127. The form and content of the statement of claim is filed with the Court in writing.
The petition must include: 1) the name of the Court in which the application;
2) name of the plaintiff, his place of residence or, if the plaintiff is a legal person, its location, and the name and business address of the representative, if the application is filed by the representative;
3 the respondent, his) the name of the place of residence or, if the defendant is a legal person, its location;
4) circumstances in which the plaintiff founds his claim, and the evidence plaintiff set forth circumstances;
5) demand of the plaintiff;
6) price of the claim if the claim is subject to evaluation;
7) the list annexed to the statement of the documents.
The statement of claim shall be signed by the claimant or his representative. The statement of claim, lodged by the representative, should be accompanied by power of attorney or other document certifying the authority of the representative.
 
Article 128. The content of the statement of claim lodged by the Prosecutor of the statement of claim submitted by the Prosecutor, in addition to the information listed in article 127 of this code should contain: 1) the designation of the authority of the Prosecutor's Office, the exciting thing;
2) name the person in respect of whom sued, and his address;
3) link to the law, which is the demand of the Prosecutor.
 


Article 129. A copy of the statement of claim and other documents

 
A claim is submitted to the Court with copies of the number of defendants. The judge may, depending on the complexity and nature of the case, to oblige the plaintiff to submit copies of the documents annexed to the statement of claim.
 
Article 130. Connection and separation of multiple claims, the plaintiff may join in one statement of claim several requirements connected among themselves.
Judge accepts the statement of claim is entitled to select one or more from the United requirements, if separate consideration recognizes the requirements more accurately.
When several claimants or claims to multiple defendants, the judge receives a statement of claim is entitled to select one or more of the requirements, if separate consideration recognizes the requirements more accurately.
The judge, finding that in the production of this Court there are some homogeneous cases involving the same parties or several cases of claims one plaintiff to different defendants or plaintiffs against the same defendant is entitled to combine these cases into a single case to examine jointly, if such a merger would lead to a more rapid and proper consideration of the disputes.
 


Article 131. Acceptance of applications for civil cases

 
Judge alone resolves the question of adopting statements in a civil case.
Judge denies making the statement: 1) if the statement is not subject to review in the courts;
2) if the interested person to the Court, the applicant has not complied with the statutory procedure for this category of affairs preliminary out-of-court settlement of the case;
3) If you have entered into legal force the ruling by a dispute between the same parties concerning the same subject and on the same grounds, the Court's decision or determination of the Court's repudiation of the plaintiff from suing or approving a settlement agreement of the parties;
4) if the Court has a case on the dispute between the same parties concerning the same subject and on the same grounds;
5) if the award of a friendly court decision within its competence, in a dispute between the same parties concerning the same subject and on the same grounds;
6) contract between the parties to refer the dispute to arbitration court permission;
7) if the case nepodsudno this Court;
8) If an application is filed under incompetent person;
9) if the person concerned filed on behalf of a person with no authority.

The judge denied making statements about it makes a reasoned determination. The judge's refusal in making statements on the grounds provided for in paragraphs 2, 7, 8 and 9 of this article shall not prevent the secondary treatment in court in the same case, if the breach is resolved.
In the definition of rejection of the statement, the judge is obliged to indicate which body should request the applicant, if the matter is not beyond the Court or how to eliminate obstacles to the commencement of the case.
Definition of judges on the rejection of the statement of claim shall be served on the applicant, together with the documents they filed. On this definition can be made private or complaint brought a private protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 132. The abandonment of the claim without traffic

 
The judge, finding that the statement of claim shall be filed without complying with the requirements laid down in articles 127, 128 and 129 of this code, or not paid State duty shall determine to abandon statements without the traffic, what informs the complainant and submits him to remedy the deficiencies.
If the claimant in accordance with the directions of the judge and the deadline will fulfill all listed in articles 127, 128 and 129 of the present code requirements or pay the State fee, the petition shall be deemed filed on the day of the initial submission to the Court. Otherwise, the statement shall be deemed not to have been filed and returned to the plaintiff.
 


Article 133. Filing a counterclaim

 
The defendant is entitled to a decision of the Court the plaintiff to bring a counterclaim for joint consideration with the initial claim.
Filing a counterclaim is made according to the General rules on the presentation of the claim.
 


Article 134. Conditions for accepting the counterclaim

 
The judge takes the counterclaim: 1) if the counter-claim is aimed to offset the initial requirements;
2) if satisfaction of the counterclaim exclude in whole or in part satisfaction of the initial claim;
3) If between the counter and the initial claim there is a mutual relation and their joint consideration will lead to more rapid and proper consideration of the disputes.


 



Chapter 13

ENFORCEMENT of a CLAIM Article 135. A case for a lawsuit the Court or a judge, at the request of the persons involved in the case, or on its own initiative, may take measures to secure the action. Enforcement of a claim is allowed in any position of the case if the failure can hinder or make it impossible to execute the decision of the Court.
 


Article 136. Protective measures

 
Measures to ensure that a claim may be: 1) seizure of property or moneys belonging to the defendant and he or others;
2) prohibition respondent to perform certain actions;
3) prohibition of others to transfer the property to the defendant or to perform the obligations;
4) suspension of property in the event of a claim on his release from arrest;
5) suspension of foreclosure on executive document, contested by the debtor in the manner of claim contesting which is permitted by the law in the courts.
Where necessary, may be approved for several types of security suit, but their total amount may not exceed the price of the suit.
For violation of the prohibitions referred to in paragraphs 2 and 3 of this article, the responsible persons are liable under article 1772 Code on administrative offences. In addition, the plaintiff is entitled to recover from these persons damages caused by the failure of court bringing suit.
(In red.  Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, art. 13;  1991, no. 9-10, art. 101) Article 137. Changing one type of claim other

 
Allows replacement of one type of claim others.
Question about replacing one type of claim the other is permitted in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of replacing welfare.
While ensuring the recovery of an amount of money, the defendant has the right to replace the authorized measures to contribute to the deposit account of the Court the plaintiff claimed amount.
 


Article 138. The application about maintenance claim

 
Statement on securing the claim is allowed by a judge or by the court seised, on the same day without notice of the defendant and other persons involved in the case.
 


Article 139. Definition of ensuring execution of the claim

 
Definition of ensuring the claim shall be enforced immediately in accordance with the procedure established for the execution of court decisions.
 


Article 140. Deprovisioning lawsuit

 
Enforcement of a claim may be cancelled by the same court, on its own initiative or at the request of the parties.
The question of repealing welfare lawsuit is resolved in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of the question of lifting the securing of the suit.
In case of refusal of the claim admitted by the Court for the lawsuit maintained until the entry into force of the decision into legal force. However, the Court can simultaneously with the decision or after its rulings make a determination to abolish welfare lawsuit.
 
Article 141. Appeal of decisions on issues of claim
 

For all the definitions on securing a claim may be filed by a private complaint or brought a private protest.
If the definition of providing claim was made without notice to the complainant, the deadline for the filing of the complaint shall run from the date when it became known that definition.
Filing a private complaint or offering private protest on the definition on the provision in dispute does not suspend the execution of this definition.
Filing a private complaint or offering private protest on the determination to abolish welfare action or to replace one type of claim another suspends the enforcement of this definition.
 
Article 142. Compensation of damages caused to the respondent of the claim by the Court or a judge collateral, allowing enforcement of a claim, the plaintiff may require the provision of security possible for the defendant for damages.
The defendant after the entry into force of the decision to which the appeal is denied, the applicant shall be entitled to demand compensation for damages caused by him claim measures made at the request of the plaintiff.
 
Chapter 14 PREPARING CIVIL cases for trial Article 143. The judge in preparing the case for trial after the adoption of the statement the judge produces preparation of the case for trial, the purpose of which is to ensure timely and proper settlement of the case.
Judge alone performs the following steps for preparing the case for trial: 1) polls the plaintiff on the merits of the claims, finds out he has a possible objections by the defendant proposes, if necessary, to submit additional evidence, explained to the plaintiff his procedural rights and obligations;
2) where necessary, the respondent invokes the polls it by the circumstances of the case, determines what are the objections to the claim and what evidence these objections can be confirmed, for particularly complex cases offers the respondent to submit written explanations on the case, explained to the defendant, his procedural rights and obligations;
3) resolves the issue of involvement or intervention of third parties and polls admitted to the third persons in relation to paragraphs 1 and 2 of this article;
4) explain to the parties their right to seek arbitration to resolve a contractual dispute or a friendly Court and the consequences of such action;
5) resolves the question of the participation of the Prosecutor in the case and to participate in the relevant State body, authorized to participate in the process in cases of dissolution of marriage with persons, recognized in the established order missing, incapacitated due to mental illness or dementia, a tutorship or guardianship agency to protect the property rights of the defendant, as well as for the interests of his children;
6) allows the issue of approval to participate in the trial representatives of public organizations and working collectives;
7) finding that the company is interested in the outcome of the case, the establishment, organization and their association, social organization or citizen, not attracted to participate in the case, inform them about the aims and the time of its proceedings;
8) allows the question of calling witnesses in the trial or to question them in the manner provided by paragraph 3 of article 43 of this code;
9) seeks from enterprises, institutions, organizations and associations, social organizations or citizens written and material evidence or persons participating in the case, requests for such evidence for presentation in court;
10) allows taking into account the views of persons participating in the case, the question of expertise;
11) if the matter is urgent, produces with the notice of persons involved in the case, an inspection on the spot;
12) directs to other vessels of letters rogatory.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from October 18, 1966, June 15, 1981, June 24, 1986 and Act of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1966, no. 20, p. 22; 1981, no. 17, p. 64; 1986, no. 20, p. 111;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 144. Definition of preparing the case for trial

 
Definition of preparing the case for trial shall be made by a single judge without notice to the persons participating in the case.
 
Article 145. The appointment of a case for trial, the judge, acknowledging the affair quite prepared, shall determine his future appointment to a trial in court.
 
Chapter 15 TRIAL Article 146. The court session Hearing the civil case comes in a court session, with obligatory notification of persons involved in the case.
Cases of dissolution of marriage with persons, recognized in the established order missing, incapacitated due to mental illness or dementia are considered without calling defendant in court.
The Court shall hear the explanations of the parties and other persons involved in the case, explores other evidence, as well as performs other procedural acts.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 18, 1966-Statements of the Supreme Council of TAJIKISTAN SSR, 1966, no. 20, p. 23) article 147. Presiding at the trial

 
In the meeting, ètrapskogo, urban justice presides over the President of the Court or the judge, meeting other courts-by the Chairman, the Vice-Chairman or a member of the Court.

The presiding officer shall direct the trial, allowing for the full, comprehensive and objective clarification of all the circumstances of the case, the rights and obligations of the parties, eliminating the trial of everything unrelated to the present case, and providing educational influence process. In the case of objections to any of the persons involved in the case, representatives, witnesses, experts, interpreters against presiding, these objections shall be entered in the minutes of the court session, and the matter shall be settled by the full Court.
The presiding officer shall take the necessary measures to ensure the proper order in court.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, June 15, 1981, and the Act of May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81;  1981, no. 17, art. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 148. Spontaneity, oral and the continuity of legal proceedings, a Court of first instance in a case must study the evidence directly on the case: to hear explanations of persons involved in the case, witness testimony, expert opinion, to familiarize themselves with the written evidence, examine the physical evidence.
The trial takes place orally and while composed of judges. In the case of the replacement of one of the judges in the process of examining the case hearing must be made from the outset.
The hearing of each case occurs continuously, in addition to the time appointed for the rest. Pending cases initiated or prior to his deposition hearing the Court had no jurisdiction to deal with the other cases.
 


Article 149. Public participation in proceedings

 
Representatives of NGOs and labor groups that are not party to the proceedings, the Court may be allowed to participate in the proceedings to present opinions to the Court authorized their organizations or collectives about cases before the Court.
Representatives of non-governmental organizations and working collectives have the right to acquaint themselves with the case materials, to attend all court hearings, submit evidence, participate in research evidence, ask questions of the persons involved in a case who witnesses and experts to submit their arguments and considerations on all emerging issues during the trial, participate in court debates.
The credentials of the representatives of public organizations and working collectives shall ascertain from the decision of the general meeting of bank statements or an elected body of a public organization or team, taken in connection with a court case.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981  -Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, art. 64) article 150. Order in court session

 
At the entrance of judges in courtroom clerk Announces: "the Court goes, please stand up." All those present in the courtroom, after which arise upon the invitation of the presiding officer took their places.
Participating in the face and the other actors are turning to the Court, are giving their explanations and make statements standing. In the case of the painful condition of any of them, the presiding officer may allow explanations and make statements without getting up.
All involved in bringing individuals and other stakeholders, as well as all those present in the courtroom must obey orders unquestioningly citizens presiding and comply with the prescribed schedule of the trial.
Persons who have not attained the age of 16 are not allowed to the court room, except when they are called by the Court.
 
Article 151. Measures against violators of the order in a court session the person violates the order during a hearing, the presiding officer on behalf of the Court makes a warning.
In repeated violation of the order of the person involved in the case, representatives, witnesses, experts, interpreters can be removed from the courtroom of the Court and the citizens present at the hearing, the presiding Member.
In addition, for contempt of court, through insubordination to plaintiff or defendant, witness and other citizens present in the courtroom, presiding, for violating the order during the trial, as well as for committing any action indicating a clear disregard of the Court or in the Court rules, the Court has the right to bring the perpetrators to justice under article 1772 Code on administrative offences.
In the case of disobedience to the orders of the presiding Prosecutor and advocate them warns. When further insubordination of these persons orders of the presiding court hearing can be postponed, if not feasible, without prejudice to the case to replace the person another. At the same time inform the Court accordingly higher procurator or the Presidency of the Bar Association.

If there is a violation of the order in a court session by the parties or third parties, the court defers hearing either removes offenders from the courtroom for the duration of the proceedings or a part of it. In the latter case presiding person approved again introduces in the courtroom, with the proceedings in his absence.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13;  1991, no. 9-10, art. 101) Article 152. Opening a court session

 
At the appointed time for trial judges are included in the meeting room, where the presiding trial opens and announces what case to be reviewed.
 


Article 153. Check the appearance of the actors

 
The clerk reports to the Court who caused in this case persons appear, whether the agenda were not presented, and what information is available about the reasons for their absence.
The Court shall set the personality came, and also checks the credentials of the representatives and officials.
 


Article 154. Explanation of the translator of his duties

 
The presiding officer explained to the translator to translate its explanations, depositions, statements of persons who do not know the language in which the proceedings are conducted, and these individuals-content explanation, testimony, statements, Petitions, disclosure documents, as well as orders of the presiding judge, definitions and court decision.
Presiding judge warns the interpreter on liability under article 203 of the Criminal Code of Turkmenistan for a knowingly false translation.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 155. Removal of witnesses from courtroom

 
Witnesses appearing before their interrogation is removed from the courtroom. The presiding officer shall take measures to ensure that the Court interrogated witnesses had not communicated with nedoprošennymi witnesses.
 


Article 156. The announcement of the composition of the Court and an explanation of the rights allotment

 
The presiding officer announces the composition of the Court, said those involved as a Prosecutor, a representative of a public organization or labour collective, expert, translator, clerk, and clarifies the persons participating in the case, their right to claim offsets.
Grounds for challenges to resolve alleged and the consequences of such declarations are defined by articles 18-24 of this code.
 
Article 157. Explanation of the persons participating in the case, and representatives of their rights and duties Presiding clarifies the persons participating in the case, and representatives of their procedural rights and obligations, as well as explain to the parties their right to apply for resolution of dispute in the arbitration or a friendly Court and the consequences of such action.
 
Article 158. Resolution of the court statements of persons involved in the case, and requests from persons involved in the case, and representatives of the discovery of new evidence and on all other matters related to the proceedings, the Court definitions are allowed after hearing the views of others involved in the case, and the opinion of the Prosecutor.
 
Article 159. Consequences of failure to appear at the trial of persons involved in the case, and in case of non-appearance in court any of the persons involved in the case, or representatives, with respect to whom there is no information on the service of process, the court defers hearing.
In case of non-appearance in court any of the persons involved in the case, or representatives duly izveŝennyh of the time and place of the court session, for reasons recognized as valid by a court, the Court shall adjourn the hearing. If the same information about the reasons for the failure to appear is not available or if the Court recognizes the reasons for failure to appear to be unreasonable, the case may be considered in the absence of which no person.
In case of non-appearance in a court session without good reason the persons participating in the case and representatives, the lack of which caused the postponement of proceedings, the Court has the right to attract them, as well as an official of the enterprise, establishment or organization responsible for the turnout was secured not representative in the hearing to be held liable under article 1772 Code on administrative offences.
About failure without good reason the Prosecutor or court shall notify counsel respectively senior procurator or the Presidency of the Bar Association.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13;  1991, no. 9-10, art. 101) Article 160. Consequences of failure to appear at the hearing of the parties without good reason in case of failure to appear in court without good reason the plaintiff or the defendant or the plaintiff and the defendant, if each of them had had before it a statement of the proceedings in his absence, the Court, delaying the proceedings may not be brought to justice which the plaintiff and the defendant under article 1772 Code on administrative offences.
With the failure of the parties without a valid reason based on a secondary Court call leaves the claim without consideration if finds that it is not possible to resolve the matter according to the materials.

(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13;  1991, no. 9-10, art. 101) article 161. Consequences of failure to appear at the hearing of the defendant in cases of alimony cases on alimony exaction the Court can recognize the appearance of the defendant is required. In this case, if the defendant does not appear at trial for reasons recognized as valid by a court, he shall be punished under article 1772 Code on administrative offences and forced the drive.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13;  1991, no. 9-10, art. 101) article 162. Consequences of failure to appear at hearing witnesses or experts in case of non-appearance in a court hearing witnesses or experts, the Court shall hear the views of those involved in the case, and the Prosecutor's conclusion about the possibility of the lack of witnesses or expert witnesses came and made a determination of the continuation or suspension of the trial proceedings.
If the called the witness does not appear in the court session for reasons recognized as valid by a court, he shall be punished under article 1772 Code of administrative offenses-forcible detention.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13;  1991, no. 9-10, art. 101) article 163. Postponement of hearing

 
The deposition proceeding allowed in cases stipulated by the given code, as well as, if the Court deems it impossible to review the cases of this Court hearing due to the non-appearance of any of the persons involved in the case, representatives, witnesses, experts, interpreters, upon presentation of the counterclaim or in connection with the necessity of claiming new evidence and t. p. a new trial after his deposition from the beginning.
The Court, delaying the hearing, appoints new judicial session taking into account the time required to call persons participating in case or reclaim evidence than were Announces persons against signature. Not arise and again attracted to participate in the face about the time a new trial informed agendas.
 


Article 164. The questioning of the witness with the adjournment of proceedings

 
With the adjournment of proceedings the Court may interrogate witnesses, if resulting in hearing all persons participating in the case. Secondary call these witnesses in the new trial is permitted only where necessary.
 


Article 165. Expert's explanation of his rights and obligations

 
The presiding judge shall explain to the expert his rights and obligations under articles 57 and 58 of this code, and warns him of the criminal liability for refusal without just cause from giving opinions and for obviously falsified findings under articles 203 and 204 of the Criminal Code of Turkmenistan.
The expert during the trial of the case is in the courtroom. At the request of the expert, the circumstances of the case when his presence is not called a necessity, the Court, after hearing the views of those involved in the case, other participants in the process and the conclusion of the Prosecutor, may release the expert at that time by the presence in the courtroom.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 166. The beginning of the consideration of the merits

 
Examination of the merits of the case report begins presiding or people's assessor. Then the presiding officer asked whether the plaintiff claims, whether the defendant admits plaintiff's claim and unwilling parties finish case settlement agreement.
 
Article 167. Denial of the claim of the plaintiff, the defendant and claim recognition of the settlement agreement the parties plaintiff's claim of denial of the claim, the claim of the respondent's recognition or terms of the settlement agreement the Parties shall be entered in the minutes of the court session and signed by the plaintiff or the respondent, respectively, by the parties. If the plaintiff's refusal of the claim, the recognition of the claim or the settlement agreement of the parties expressed in the recommendations addressed to the Court written statements, these statements are attached to the case, as indicated in the Protocol of the trial.
Before the adoption of the plaintiff's refusal of the claim or claims settlement agreement of the parties, the Court explained to the plaintiff or to the parties the consequences of the proceedings.
On the plaintiff's repudiation of the claim or approving the settlement agreement, the Court shall determine, which simultaneously stops the proceedings on the case. In determining the terms and conditions shall be specified by a court-approved settlement agreement of the parties.
In case of non-acceptance by the Court of the plaintiff's refusal of the claim, the claim of the respondent or recognition is not a settlement agreement of the parties, the Court shall render a reasoned about that definition.
 


Article 168. Explanations of persons participating in the

 

After the report, the Court shall hear the explanations of the plaintiff and at his side a third person, the respondent and engaged on his side of the third person, as well as others involved in the case. The Prosecutor, as well as the authorized bodies of the State administration, enterprises, institutions, organizations and associations, public organizations or individuals in the Court for the protection of the rights and interests of other persons, give explanations first. Persons participating in case shall have the right to ask each other questions.
Written explanations of persons involved in the case, as well as the explanations received by the Court in the manner provided for in articles 31 and 37 of the present Code shall be announced by the presiding officer.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 169. Establishment of the procedure of examination of evidence

 
The Court, after hearing the explanations of persons involved in the case, establish the procedure for the examination of witnesses, experts and other evidence.
 


Article 170. Examination of witnesses

 
Each witness is interrogated separately. Witnesses gave testimony, yet may not be in the courtroom during the trial. Cross-examined the witness remained in the courtroom until the end of proceedings. The Court may authorize the questioned witnesses removed from the courtroom until the end of the consideration of the case as to hear the views of the parties, their representatives and others involved in the case.
 
Article 171. Warning the witness on liability for refusal to give testimony and for knowingly giving false testimony Before interrogation of witness establishes the identity of the witness, the presiding judge explained his civic duty and obligation to truthfully tell everything known to him and warns him about the criminal liability for refusal to give testimony and for knowingly giving false testimony, as he selects a subscription that is attached to the Protocol of the trial.
Witnesses under the age of 16, the presiding judge shall explain to the duty to truthfully tell everything known to them in the case, but they are not warned about responsibility for refusal to give testimony and for giving knowingly false testimony.
No one may be compelled to be a witness against oneself and close relatives.
Do not have the legal force of evidence obtained under the influence of mental or physical effects, as well as other illegal methods.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 172. The order of questioning of witnesses

 
The presiding judge shall ascertain the relevant witness to persons participating in the case and suggested the witness to tell the Court everything he personally knows of a case. After that, the witness may be asked.
The first person who asks questions on the statement which called the witness, and his representative, followed by others involved in the case and representatives, as well as, with the leave of the Court, an expert on issues related to the subject of examination. A witness called at the initiative of the Court, first suggested the plaintiff questions.
Presiding eliminated questions irrelevant. Leading questions are permitted. The judge may ask questions of the witness at any point in his interrogation.
 


Article 173. Secondary examination of a witness

 
In case of necessity the Court may interrogate the witness again in the same or in the next meeting, and to confrontation between the witness to clarify inconsistencies in their testimony.
 
Article 174. Use written notes and documents of witness Witness when testimony may use written notes in cases where the evidence associated with any digital or other data, which are difficult to keep in memory. These notes are brought to justice and persons participating in the case and may be admitted into evidence by the Court.
The witness is allowed to read existing documents relating to this they demonstrate that these documents are Court and persons participating in the case, and the Court can be admitted into evidence.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 175. The questioning of minor witnesses

 
During the interrogation of witnesses under the age of fourteen years, and at the discretion of the Court and during the interrogation of witnesses aged Fourteen to sixteen years of age, is called the teacher. In case of need, called their parents, adoptive parents, tutors or guardians. These persons may, with the permission of the presiding officer to ask the witness questions.
In exceptional cases, when it is necessary to establish the truth, at the time of the questioning of minor witnesses from the courtroom by a court may be removed by a person involved in the case. After the return of the person to the court room he must be informed of a minor witness testimony and given an opportunity to ask the witness questions.
The witness who has not attained the age of 16, after his interrogation is removed from the courtroom, except in cases when the Court recognizes that it is necessary the presence of the witness in the courtroom.
 


Article 176. Testimony of witnesses

 
Testimonies collected in the manner provided for in articles 31, 37, part 3 of article 43 and article 164 of this code shall be announced in court.

(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985-statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13) Article 177. Study written evidence

 
Written evidence or records of their inspection, in the manner prescribed by articles 31, 37 and paragraph 11 of article 143 of this code shall be announced at the trial and prosecuted persons participating in the case, representatives of and, if necessary, experts and witnesses. After that, the persons involved in a case can give their explanations.
 
Article 178. Disclosure of personal correspondence and telegraphic communications of citizens in order to protect the secrecy of correspondence and telegraphic communications personal correspondence and personal telegraph messages could be read out in open court only with the consent of persons, among whom this correspondence and telegraphic messages occur. Otherwise, such correspondence and telegraphic communications shall be announced and explores in a closed court session.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) Article 179. Statement on the murder of a document

 
In the case of allegations that the document is forged, the person submitting the document, may ask the Court to exclude it from the evidence and resolve the case based on other evidence.
To verify the allegations of murder of the document, the Court may order examination or to seek other evidence.
If the Court concludes on the murder of the document, it eliminates it from evidence.
Where necessary, the Court initiated a criminal case or sends materials to the Prosecutor.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 180. Study of physical evidence

 
The evidence examined by the Court and prosecuted persons participating in the case, representatives and, where necessary, experts and witnesses.
Persons who presented evidence, may draw the attention of the Court on those or other circumstances related to the inspection. These applications shall be entered in the minutes of the court session.
Inspection protocols of evidence compiled in the manner provided for in articles 31, 37 and paragraph 11 of article 143 of this code shall be announced at the court hearing, after which a person involved in the case, may give explanations.
 


Article 181. Examination on the spot

 
Material and written evidence which cannot be brought to court, inspected and investigated for their location. About the production of on-site inspection, the Court shall issue a ruling.
Inspection on site produced all the composition of the Court. About the time and place of the examination informed persons participating in the case and the representatives, but their absence does not preclude production of inspection. Where necessary, also called by the experts and witnesses. Inspection results shall be entered in the minutes of the court session. The Protocol can be accompanied or checked at survey drawn up plans, drawings, photographs.
 


Article 182. Interrogation experts

 
The opinion of the expert is disclosed in a court session. In order to clarify and supplement the conclusion of expert questions may be asked.
The first asks questions, according to which a person appointed expert, and his representative, followed by others involved in the case and representatives. Expert appointed on the initiative of the Court, the first offers questions the plaintiff.
The judge may ask questions of the expert questioning at any time.
 


Article 183. Additional and re-reviewing

 
In cases of lack of clarity or incompleteness of the conclusions of the expert, the Court may appoint an additional examination.
If you do not agree with the conclusion of the expert on the grounds of substantiation, as well as in the event of any conflict between the opinions of several experts, the Court may appoint a reexamination, instructing it to another expert or experts.
Production of additional or repeated examination is carried out according to the rules laid down in articles 55-60 of this code.
 


Article 184. The conclusion of the public administrations

 
The conclusion of the public administration, attracted by the Court to participate in the process or have come into the process on its own initiative, announced in court, then the Court, persons involved in a case and representatives authorized by these bodies may ask questions in order to clarify and supplement the findings.
 
Article 185. View public organizations or labor groups View public organizations or labor groups set out their representatives in court, then the Court and persons involved in the case and representatives can ask them questions for clarification and refinement of public opinion about the case.
 


Article 186. The end of the consideration of the merits

 
After considering all the evidence, the presiding judge asked the persons involved in the case and whether they or supplement the materials of the case. In the absence of such applications, the presiding officer announces case study completed and the court proceeds to hear the deliberations and conclusions of the Prosecutor.
 


Article 187. Judicial debate

 
Judicial debate consists of speeches of persons involved in the case, and representatives.

Initially opposed by the claimant and his representative, then the respondent and its representative. A third party claiming separate requirements for dispute has already initiated the process, and his representative acted after parties. A third person, not asserting independent claims on the subject of the dispute, and his representative speak after the plaintiff or defendant, of which a third person involved in the case.
The Prosecutor, as well as the authorized bodies of the State administration, enterprises, institutions, organizations and associations, public organizations or individuals in court for the protection of the rights and legitimate interests of other persons, were in court debates.
Authorized bodies of State administration, attracted by the Court to participate in the process or entered into the process on its own initiative, shall serve in the judicial debate, after the parties and third persons.
Representatives of non-governmental organizations or labor groups admitted to participation in the trial, were in court debates after the persons referred to in paragraphs 2, 3 and 4 of this article.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 188. Replica

 
After speeches by all participants in the judicial debate, they may speak a second time in connection with said in the speeches. The right to the last replica always belongs to the respondent and its representative.
 


Article 189. The conclusion of the Prosecutor

 
The Prosecutor involved in the case provide a conclusion on the merits of the case as a whole after judicial debate.
 


Article 190. Reopening of the consideration of the merits

 
Participants in the deliberations or Attorney, giving the opinion is not entitled to refer in their statements to the circumstances that the Court was not solicited, as well as on evidence that was not explored at the trial.
If the Court during deliberations or conclusions of the Prosecutor recognizes the need to ascertain new facts relevant to the case, or to study new evidence, it shall determine on the reopening of the consideration of the merits of the case. After the end of the consideration of the merits of the judicial debate and the conclusion of the Prosecutor are occurring in a general way.
 


Article 191. Removal of the Court to the deliberation room

 
After the deliberations and conclusions of the Prosecutor of the Court is removed in the deliberation room to Decree decision, as the presiding officer announces to the audience in the courtroom.
 


Article 192. Announcement of decision

 
After the signing of the decision, the Court returned to the courtroom, where the presiding judge or people's assessor shall announce the decision of the Court. The presiding judge then explained the content of the decision, the procedure and term for appeal.
All those present in the courtroom, including the composition of the Court, listened to the decision.
 
Chapter 16 of the DECISION of the COURT Article 193. Decision the courts of Turkmenistan shall decide the name of Turkmenistan.
Judgement of the Court of first instance, which deal essentially allowed, shall be made in the form of a decision.
The decision shall be made immediately after the hearing.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 194. The legality and validity of decisions

 
The decision of the Court should be lawful and justified.
The Court bases the decision only on evidence that had been tested in court.
 


Article 195. Secret meeting of judges

 
The decision of the Court decides in the retiring room. During the meeting, the decisions and decrees in the retiring room may be only the judges of the Court of Justice in the case. The presence of other persons in the retiring room is not allowed.
Meeting of the judges in the manner provided for in article 16 of the present code.
Judges may not divulge a judgement that took place during the meeting.
 


Article 196. Issues resolved in deciding

 
In reaching its decision, the court assesses the evidence, determines what circumstances relevant to the case, and any installed not installed, what law should be applied in this case and whether a lawsuit.
The Court, having found during the meeting that it is necessary to ascertain new facts relevant to the case, or to study new evidence, shall determine for the reopening of the consideration of the merits of the case. After the end of the consideration of the merits, the Court again hears the judicial debate and the conclusion of the Prosecutor.
 
 


Article 197. The right of the Court to go beyond the claims

 
Depending on the circumstances of the vyâsnivšihsâ case, the Court may go beyond the stated the plaintiff claims, if this is necessary to protect the rights and legally protected interests of enterprises, institutions, organizations and associations, social organizations or citizens.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 198. Summary of decisions

 
The decision of the Court decides by majority votes, set out in writing by the presiding officer or one of the judges and shall be signed by all judges participating in the decreeing of the decision, including a judge, remaining with the dissenting opinion. Fix in solution must be negotiated before the signatures of judges.

If there is a case on which the dissenting opinion of judge, not seen in cassation, it upon the entry into force of the decision is sent to the President of the superior court to address the question of bringing the protest by way of supervision.
(In red.  Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, art. 81) article 199. Content solutions

 
The solution consists of an introduction, descriptive, motivational and conclusive parts.
In the chapeau of the decision shall specify the time and place of rendering of arbitral award, name of the Court took the decision, the Court, the clerk of the Court, the Prosecutor, if he had participated in the process, the parties and other persons involved in the case, and representatives, as well as the subject of the dispute.
The narrative of the decision shall contain a reference to the plaintiff's claim, the defendant's objections and explanations of others involved in the case.
In the preamble to decision should be specified circumstances set by the Court, the evidence on which the Court's conclusions are based on the circumstances of the case, the arguments on which the Court has rejected those or other evidence, laws which guided the Court.
Operative part of the decision must contain the Court's conclusion about the lawsuit or reject claim in whole or in part, specifying the allocation of court costs, an indication of the terms and procedure of appeal against the decision.
In operative decisions in cases of dissolution of marriage shall be determined amount payable by one or both spouses during divorce registration, except in cases of dissolution of marriage with persons, recognized in the established order missing or incompetent due to mental illness or dementia, or with persons convicted of the offence to imprisonment for a term not less than three years, by which the specified amount is not collected.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from October 18, 1966, June 15, 1981, July 23, 1984 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1966, no. 20, p. 22; 1981, no. 17, p. 64; 1984, no. 21, p. 93; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 200. Determine the order and duration of execution, enforcement of decisions in cases where the Court establishes some order and term of execution of the decision or when the decision is immediately enforceable, or where the Court allows for immediate execution, or when the Court takes steps to ensure its execution, indicated in the decision.
 


Article 201. Decision on recovery of sums from legal entities

 
The Court, in deciding on the recovery of funds from enterprises, institutions, organizations and associations, public organizations, indicates in the operative part of the decision on the nature of the claimed amounts and which account the respondent Bank must be deducted amount awarded.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 202. The award of the property or its value

 
The awarding of property, the Court shall indicate in the decision of the value of the property, which should be charged to the respondent, if the decision awarded property is not available.
 
Article 203. Decision binding the respondent to commit certain actions when deciding to commit the defendant committing certain acts which do not involve a transfer of property or sums of money, in the same decision, the Court may specify that if a defendant will not perform within the prescribed period, the claimant is entitled to perform these actions at the expense of the defendant, with the subsequent recovering with the necessary costs.
If these actions can be carried out only by the defendant, the Court shall set out in decision time limit within which the decision must be enforced.
 
Article 204. The decision in favor of several plaintiffs or against several defendants in deciding in favor of several plaintiffs, the Court specifies in what proportion it belongs to each of them, or indicates that the right discipline is solidarity.
In deciding against several defendants, the Court specifies in what percentage each of the respondents must comply with the decision, or indicates that their liability is joint and several.
 
Article 205. Correction of clerical and obvious arithmetic errors in the decision after the announcement of the judgement in the Court that rendered the decision shall not have the right to cancel or change it himself.
The Court may, on its own initiative or on the application of the persons involved in the case, correct the mistakes in addressing clerical errors or obvious arithmetic errors. Question for corrections are allowed in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of correction.
On the definition of the Court of Justice on the correction of the decision may be made private complaint or brought a private protest.
 


Article 206. Additional decision

 
The Court handed down a decision on the case, may, upon application by persons involved in the case, or on its own initiative, make an additional award in cases of: 1) If for any of the claims on which the persons involved in a case presented evidence and gave no explanation for the decision;
2) if the Court, allowing the issue of the law did not specify the size of the award, the property to be transferred, or action that is obliged to commit the respondent;

3) if the Court is not allowed to question about court expenses.
The issue of an additional judgment may be brought within ten days from the date of the judgment. To consider an additional judgment the Court shall notify the persons involved in the case.
Additional decision is made by a court, after considering the matter in court and may be challenged or appealed in cassation proceedings.
The decision of the Court on the refusal of an additional judgment may be filed a private complaint or brought a private protest.
 


Article 207. Clarification of decision

 
In case of uncertainty decision, the Court allowed a case may, upon application by persons involved in the case, to explain the decision, without changing its content.
Clarification of decision is allowed, if it is not enforced and not expired, during which a decision may be enforceable.
Question for clarification of the decision were allowed at the trial. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of the question of explaining the decision.
On the determination of the Court on the issue of clarifying the decisions can be filed a private complaint or brought a private protest.
 
Article 208. Installment deferment of execution of the decision, changing the way and order of execution of the decision, the Court handed down judgment in the case, may, upon application by persons involved in the case, on the basis of the economic situation of the parties or other circumstances, defer or spread out execution, as well as change the way and procedure of its execution.
Such statements are considered in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle for resolving the question put to the Court.
The decision of the Court on the question of deferral or payment in instalments of execution, as well as about a change in the way and order its execution can be made private or complaint brought a private protest.
 


Article 209. The entry of the Court decision into legal force

 
The Court decision into legal force upon expiry of the term for cassation appeal and protest, if it was not appealed or challenged. In the case of the cassation complaint or cassation protest sacrificing solution if it is not cancelled, enters into legal force on the review of the case by a higher court, and the decision and the definition of the Supreme Court of Turkmenistan, postanovlennoe as a Court of first instance enters into force, if it is not withdrawn in the case by the Presidium of the Supreme Court of Turkmenistan.
Once the decision has become enforceable, the parties and other persons involved in the case, as well as their successors may not again claim in court the same claim on the same basis as well as to challenge in another process established by Court of the facts and legal relationships.
If the case was initiated by the Prosecutor, the State administration body, Enterprise, institution, organization and their association, a public organization or a citizen to protect the rights and interests of other persons, which entered into legal force of the decision is necessary for the person for whom the case was initiated.
If, after the entry into force of the decision by which the defendant awarded periodic payments, changing circumstances affecting the determination of the amount of the payments or their duration, either party may by producing a new suit to demand changes in the size and timing of payments.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971 and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81;  1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 210. Pursuant to decision

 
The decision is executed after its entry into force, except in cases of immediate execution.
 


Article 211. Decisions subject to immediate execution

 
Shall be immediately enforceable decision: 1) concerning the award of alimony;
2) concerning the award of a worker or employee wages, but not more than one month;
3) to award to a member of a kolkhoz pay for work, but not exceeding the average wage per month;
4) reinstatement of illegally dismissed or transferred employee.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 212. The right of the Court to allow the immediate execution of decisions

 
The Court may allow the immediate execution in full or in part of the decision: 1) to award payments in reparation for the injury caused by injury or other impairment of health, as well as the death of the breadwinner;
2) concerning the award of remuneration due to the author for the use of his copyright, the author of the discovery, the inventor who holds a copyright certificate, for the use of his inventions and author of innovation proposals for its offer;
3) in all other cases, if as a result of special circumstances, a slowdown in performance solutions can cause significant damage to the plaintiff or the response may not be possible;
4) on the application of the Prosecutor and the invalidation of legal act.
Assuming immediate execution on the grounds specified in paragraph 3 of this article, the Court may require the plaintiff to ensure rotation of execution in case of cancellation of the decision of the Court.

The question of approval of an immediate enforcement of the decision is dealt with in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the settlement of the question of immediate execution.
On the definition of the Court of Justice on the question of immediate execution of decisions can be made private or complaint brought a private protest. Filing a private complaint or offering private protest at identifying the immediate execution of the decision shall not suspend the execution of this definition.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 213. Alimony exaction until regulations solutions

 
In claims for alimony, the judge, if necessary, until the determination of the merits of the case are entitled to, given the property of the parties, decide, determine to what extent one of the spouses must temporarily to issue funds for maintaining the second spouse, the spouse who and what amount should temporarily give funds for the maintenance and upbringing of children, as well as children who have to temporarily extradite and to what extent means for the maintenance of parents.
Determination of the judge is executed immediately.
 


Article 214. Enforcement of decisions

 
The Court may enforce the decision not to immediate execution, according to the rules established by chapter 13 of this code.
 
Article 215. The expulsion of the persons participating in the case, copies of decisions and determinations of the Court to the parties and other persons participating in the case, were not in court, a copy of the Court's decision and the definition of suspension or termination of proceedings or abandonment of a claim without examination shall be sent not later than three days from the date of the judgment or determination.
 
Chapter 17 SUSPENSION of PROCEEDINGS Article 216. The duty of the Court to suspend production, the Court is obliged to suspend the proceedings in cases of: 1) the death of a citizen if the disputed legal relationship permits legal succession, or a legal person ceasing to exist, were party to the case;
2) loss of legal capacity of a party;
3) stay in the existing parts of the armed forces of Turkmenistan or the request of the plaintiff is in a valid part of the armed forces of Turkmenistan;
4) inability to deal with the case pending the resolution of another case in the civil, criminal or administrative proceedings.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 217. The right of a court to suspend production

 
The Court may, at the request of the persons involved in the case, or on its own initiative, suspend the proceedings in cases of: 1) stay a plaintiff or defendant in the armed forces of Turkmenistan on active military service or to attract these individuals to perform any public duties;
2) finding the parties in long business trip;
3) finding a hand at the hospital or her serious illness who do not have chronic nature, confirmed document medical institution;
4) investigation of the defendant in the cases provided for in article 94 of the present code;
5) the appointment of a court examination.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 16, 1974 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1974, no. 9, p. 55; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 218. The timing of the suspension of production

 
Proceedings shall be suspended: 1) in the cases provided for in clauses 1 and 2 of article 216 of the present Code, to determine the successor to the retired person or incompetent person representative assignment;
2) in the cases provided by paragraph 3 of article 216 article 217 of this code and, respectively, before the termination of the stay in the side part of the armed forces of Turkmenistan, until the fulfilment of State obligations to return from a business trip, discharge from hospital, convalescence, to the respondent's investigation or before the end of the action on the production of examination;
3) in the cases provided by paragraph 4 of article 216 of this code, until the entry into force of the decision determining the sentence, a court order or a ruling on the case administratively.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 16, 1974 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1974, no. 9, p. 55;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 219. Appeal Court to suspend production on the Court to suspend proceedings may be filed by a private complaint or brought a private protest.
 


Article 220. Resumption of production

 
The case resumes after elimination of the circumstances giving rise to its suspension upon application by persons involved in the case, or on the initiative of the Court. When you resume the proceeding, the Court invokes the persons involved in the case, on a common basis.
 
Chapter 18 TERMINATION of PROCEEDINGS Article 221. Grounds for termination of the proceedings, the Court shall terminate the proceedings: 1) if the case is not subject to review in the courts;
2) if the interested person to the Court, the applicant is not met the deadline for this category of cases order prior out-of-court settlement of the dispute and the possibility of applying this order has been lost;

3) If you have entered into legal force, handed down in a dispute between the same parties concerning the same subject and on the same grounds, the Court's decision or determination of the Court's repudiation of the plaintiff from suing or approving a settlement agreement of the parties;
4) if the plaintiff refused and the refusal of the claim is accepted by the Court;
5) if the parties entered into a settlement agreement and is approved by the Court;
6) if the award of a friendly court decision within its competence, in a dispute between the same parties concerning the same subject and on the same grounds;
7) contract between the parties to refer the dispute to arbitration court permission;
8) If after the death of a citizen who was one of the parties in the case, the disputed legal relationship does not allow for succession.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 222. The procedure and consequences of termination of proceedings

 
Proceedings shall be terminated by the decision of the Court. If discontinued due to the jurisdiction of the case to the courts, the Court must specify which body should address the complainant.
In the event of termination of proceedings secondary recourse in a dispute between the same parties concerning the same subject and on the same grounds is not allowed.
 
Chapter 19 the ABANDONMENT DECLARATION without CONSIDERATION of Article 223. Grounds for abandonment applications without consideration of the Court leaves the petition without consideration: 1) if the person concerned, applicants to the Court, not met the deadline for this category of cases order prior out-of-court settlement of the case and the possibility of applying this order is not lost;
2) If an application is filed under incompetent person;
3) if statement on behalf of the person concerned filed by a person not authorized to conduct business;
4) if the Court has a case on the dispute between the same parties concerning the same subject and on the same grounds;
5) if the parties have not asked about the case in their absence, failed to appear without good reason, the secondary and the Court finds that it is not possible to resolve the matter according to the materials;
6) in the case of secondary to appear in a court session without good reason the plaintiff in the case of divorce, if it had not had before it a statement of the proceedings in his absence.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from October 18, 1966  and June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1966, no. 20, p. 22; 1981, no. 17, art. 64) article 224. The procedure and the consequences of leaving statements without considering the proceedings in cases of abandonment of a statement without examination ends with the decision of the Court. In this definition, the Court shall specify how to fix listed in article 223 of the present code the circumstances impeding the case.
After eliminating the conditions that gave rise to the abandonment of statements without consideration, the person concerned shall have the right to appeal again to the Court a statement in General.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) Chapter 20 the COURT Article 225. The imposition of the Ruling of the Court of first instance definitions that are not allowed to deal in substance, in the form of definitions.
The definition adopted by the Court in the retiring room in the manner provided for in article 16 of the present code.
When you resolve simple issues, the Court may make a determination after the meeting did not go farther in the deliberation room. Such determination shall be entered in the minutes of the court session. The definition shall be announced immediately after their conviction.
 


Article 226. Content definition

 
The definition must include: 1) time and place of the determination;
2) name of the Court which the definition, the composition of the Court and the clerk of the Court;
3) persons involved in the case, and the subject of the dispute;
4) issue that ruling;
5) the grounds on which the Court reached its conclusions, and a reference to the laws, which the court guided;
6) a court order;
7) procedure and term of appeal definition.
Definition, which is made by a court without removing the deliberation room shall contain the information listed in paragraphs 4, 5 and 6 of this article.
 


Article 227. Private Court

 
The Court found violations of the law before the civil case individual officials or citizens or significant shortcomings in the work of enterprises, institutions, organizations and associations, public organizations, makes the interlocutory decision and forward it to the relevant enterprises, institutions, organizations, officials and labour collectives, which are obliged to inform the Court of their actions.
This message should be done within one month from receipt of a copy of a private definition.
If, in the consideration of the complaint, the Court finds a violation of the established procedure for the consideration of citizens ' proposals, applications and complaints, there have been delays, clip critics, prosecution, as well as other violations of the law, the Court shall issue an interlocutory decision and sends it to the parent petitioning officer or authority. The specified official or body shall, within one month from the date of receipt of a copy of the private determination to inform the Court about the measures taken to private definition.

If you are considering a civil case or complaints against unlawful actions by State bodies and officials infringing upon citizens ' rights, the Court finds signs of crime in the actions of the parties, civil servant or other person, he shall so inform the Prosecutor initiates criminal proceedings either.
Private Court, in addition to definitions regarding the institution of criminal proceedings, are not subject to appeal, but may be appealed by the Prosecutor.
Abandonment without considering private court or failure to remedy the violations of the law, officials are liable under article 1775 Code on administrative offences.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from June 15, 1981, April 19, 1988 and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; 1988, no. 8, art. 41; 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 21 PROTOCOLS Article 228. Be bound by logging on each hearing of the Court of first instance, as well as on each individual proceeding by outside of the meeting, a protocol.
 


Article 229. The content of the Protocol

 
The trial transcript or a procedural act committed outside of the meeting should reflect all the significant moments of a hearing or a separate procedure.
The trial protocol, in particular: 1) year, month, date and place, and the start of the court session;
2) name the court seized seised of the case, and the composition of the Court;
3) surname, name, patronymic of the Registrar, the Prosecutor, the parties and other persons involved in the case, their representatives, representatives of a public organization or labour collective, witness, expert and interpreter;
4) case;
5) information on the service of process, and the reason for failure to appear in court, the parties and other persons involved in the case, witnesses, experts, interpreters and translators;
6) all orders of the presiding judge;
7) clarification by the Court, the parties and other persons participating in the case and their representatives of their procedural rights and obligations, in particular, their right to claim offsets, as well as the explanation of the representative of a public organization or labour collective of its procedural rights;
8) declarations and motions of the parties and other persons involved in the case, as well as the representative of a public organization or labour collective;
9) the substantive content of the explanations of the parties and other persons involved in a case, the conclusion of State administration bodies and the views of the public organization or labour collective outlined their representative as well as the testimony of witnesses, an oral explanation of the experts their advice and answers to the additional questions;
10) results produced in court examinations written and physical evidence, and if such evidence cannot be attached to the case number, the date, the contents of written evidence, as well as the characteristics and properties of physical evidence;
11) ruling handed down by the Court without removing the deliberation room;
12) maintaining court debate and the conclusion of the Prosecutor;
13) announcement of a decision or determination and clarification of the order and the length of their appeal;
14) end time trial in this case.
 


Article 230. Preparation protocols

 
Minutes shall be drawn up by the Registrar in the court session or when making a separate action outside of the meeting.
Persons participating in the case and apply for listing on representatives may on record in circumstances which they consider to be relevant to the case.
The Protocol should be made and signed no later than the next day after the court session or a separate procedure.
The Protocol signed by the Chairman and the Secretary. All changes, amendments, additions shall be subject to the Protocol.
 


Article 231. Comments on Protocol

 
Persons participating in the case and representatives may familiarize themselves with the Protocol and within three days from the date of its signature may submit written comments on the Protocol indicating admitted it wrong and incomplete.
 


Article 232. Consideration of comments on Protocol

 
Comments on Protocol considering presiding and, if you agree with the comments, certifies its accuracy.
In case of disagreement with the comments submitted by the presiding, they are on the Court, with presiding judge and at least one of the people's assessors shall be from among the judges who participated in the proceedings. In necessary cases are caused by the person submitting comments on Protocol. As a result of consideration of the comments the Court made a determination about the identity of their correctness or about their rejection. Comments anyway attached to the case.
Comments on Protocol should be reviewed within five days from the date of their filing.
 
II. PROCEEDINGS arising FROM administrative legal relations Chapter 22 GENERAL PROVISIONS Article 233. Cases arising from administrative legal relations before a court, the Court considers: 1) complaints of irregularities in electoral lists;

2) complaints bodies and officials in connection with the imposition of administrative penalties; complaints of unlawful actions by State bodies and officials infringing upon citizens ' rights reserved to the competence of the courts;
21) according to the Prosecutor, on the recognition of them protesting a legal act illegal;
3) on recovery of tax arrears from citizens, samoobloženiû of the rural population and state compulsory insurance.
The Court examines the case and others arising from administrative legal relations, reserved to the competence of the courts.
(In red.  Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from June 15, 1981, October 20, 1981, April 19, 1988 and laws of Turkmenistan of May 29, 1991, May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, art. 64; # 29, art. 111; 1988, no. 8, art. 41; 1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 234. Procedure for considering cases arising from administrative legal relations Cases referred to in article 233 of this code, shall be considered by the Court according to the General rules of the proceedings for the exceptions and additions provided by heads of 23-25 of this code.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 23 COMPLAINTS ABOUT IRREGULARITIES in VOTER LISTS, Article 235. Filing a complaint any person who disagrees with the decision of the Electoral Commission or the Commission on the referendum on his statement about irregularities in voter lists or lists to vote in a referendum (inclusion list, exclusion list, distortion of the surname, name, patronymic), may submit to the Election Commission's decision or the Referendum Commission complaint in ètrapskij, the city court in the location of the corresponding polling station or site for voting in the referendum.
Ètrapskij, City Court takes to his consideration of a complaint only if the citizen issued statement on correcting deficiencies existing in the list, the Electoral Commission or the Commission for the referendum, and if that application was rejected.
In cases of appeal to the Court without first filing an application to the Electoral Commission or the Commission for the referendum, the judge sends a complaint to the appropriate Commission with a notice on the applicant.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 236. Consideration of complaints

 
The complaint must be addressed no later than three days from the date of its filing.
The complaint is examined by the Court, with the participation of the applicant, the representative of the Electoral Commission or the Commission for the referendum, and in cases where the complaint relates to the applicant, not another citizen, this citizen. However, the absence of the persons mentioned in this article does not constitute an obstacle to the settlement of the case.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 237. The Court's decision on the complaint

 
The Court's decision, which installed irregularity in the voters list, is the reason for making the Election Commission or the Commission for the referendum fixes in the poll. This decision immediately after the issuance will be sent to the Commission.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 24 COMPLAINTS AGAINST the ADMINISTRATIVE AUTHORITIES or OFFICIALS Article 238. Cases on administrative complaints bodies or officials, before a court in cases established by law, the Court considers, in the manner prescribed by this chapter, the complaints of citizens and officials to the actions of administrative bodies and officials, which the law granted the right to recover from the citizens in administrative detention.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 239. Filing a complaint

 
Within ten days from the date of handing over regulation of the administrative body or official tickets or about collecting administratively citizens or officials may appeal the relevant actions of the administrative body or official in the Court of his place of residence.
Complaint suspends the collecting of administratively.
 


Article 240. Consideration of complaints

 
The complaint before the Court within ten days. The applicant and the administrative body or official shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the settlement of the case.

When considering a case, the Court is obliged to check the correctness of administrative action: the authority or official and whether recovery based on the Act and authorized by the authority or official; whether the met set order of attraction of the person to whom the claim to fulfil its duties; whether fined violation for which the law establishes liability in the form of fines, and whether he is guilty of committing this violation; the penalty imposed does not exceed prescribed size limit; in determining whether the amount of the fine, the gravity of the misconduct, the identity of the perpetrator and his property status; whether the Statute of limitations has expired for the imposition and collection of fines.
In the case of a foreclosure on the property, the Court is obliged to check the conformity of the seizure to the requirements of the law.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 241. The Court's definition of a complaint

 
The Court found that the requirement of the administrative body or official illegally, shall determine on the complaint.
If the amount of the fine imposed exceed the limit established by the legislation, the Court reduces the amount of a fine to the limit. If the fine is imposed without regard to the gravity of the misconduct, the personality of the guilty individual and his property, the Court may reduce the amount of the fine.
If the actions of the administrative body or official are legitimate, the Court shall issue a ruling to dismiss the complaint.
The Court of appeal and appeal in cassation.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 24 l COMPLAINTS AGAINST UNLAWFUL ACTIONS by STATE BODIES and officials that INFRINGE GRAŽDAN1 Chapter 24-1 introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 19, 1988-statements of the Supreme Council of TAJIKISTAN SSR, 1988, no. 8, art. 41. (in the redaction of Law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of the Turkmen Soviet Socialist Republic 1991, no. 9-10, art. 101) article 2411. The right to petition to the Court a citizen has the right to apply to court with a complaint if it considers that the misconduct of a public administration body or officer violated his rights.
 
 Article 2412. The actions of the public administration and officials subject to judicial challenge to action by State bodies and officials subject to judicial appeal include collective and individual actions, resulting in: a citizen is unlawfully deprived totally or partially implement the right accorded to it by law or other normative act;
on citizen lays some responsibility.
 
Article 2413. Scope of this chapter cannot be appealed in court in accordance with this chapter actions by State bodies and officials, if the laws of Turkmenistan establishes another procedure for their appeal.
Is not subject to appeal in accordance with this chapter acts by State bodies and officials having a normative character.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 2414. Filing a complaint a complaint pursuant to this chapter is filed with the Court after the appeal of actions of State administration body or official higher chain of command body or official, which shall consider it and on consideration of the report to the citizen in a month's time.
The complaint may be filed with the Court a citizen whose rights have been violated, his representative, as well as at the request of the citizen-a duly authorized representative of a public organization of labour collective.
Complaint, ètrapskij City Court at the location of a public administration body or official on-the-job, whose actions will be appealed.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) 2415. The time frame for going to court with a complaint a complaint may be filed with the Court, within one month, calculated from the date of receipt of the refusal of a citizen parent body or an official complaint or from the date of the expiration of monthly term after filing a complaint to a higher authority or official, if the applicant had not been received at her response.
A missed period for a valid reason for filing a complaint can be restored by the Court.
 
Article 2416. The complaint the complaint before the Court within ten days, with the participation of the complainant, the complainant and the head of the State body or official, which will be appealed, or their representatives.
The applicant who filed the complaint, shall have the right to entrust the defence of their interests in the case of the representative.
Failure to appear in court on the distortion of the complainant, the complainant, or the head of a public administration body or official, which will be appealed, or their representatives, does not constitute an obstacle to the consideration of the complaint, the Court may, however, accept the complainant's appearance, the complainant and the head of the State body or official.

The Court should be researched materials upstream in the chain of command of the officials or authorities who recognized the legitimate action complained of, and can also be listened to explanations of others, researched the necessary documents and other evidence.
 
Article 2417. The Court's decision on the complaint based on the results of consideration of an appeal court renders a decision.
If the Court finds the action complained of improper affecting citizen it makes a decision on the merits of the complaint and the responsibilities of the respective State administration body or official to resolve the violation suffered.
If the Court determines that the actions complained of were committed in accordance with the law, within the limits of the powers of a public administration body or official, he decides to dismiss the complaint.
The Court's decision on an appeal to address violations of law or other normative act is forwarded to the head of a State body or official, which were appealed, or a higher chain of command authority or official.
 
Article 2418. Execution of the Court's decision on the execution of the Court's decision on the complaint must be reported to the Court and the applicant no later than within one month from the date of receipt of the decision of the Court. In case of failure to execute a court decision shall take measures under article 412 of this code.
 
The head of the PROSECUTOR'S STATEMENT on recognition of 242 PROTESTING THEM LEGAL ACT NEZAKONNYM1 1. Code supplemented Chapter 24-2 Turkmenistan law dated May 13, 1994-(statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6).
 
Article 2419. The Prosecutor's right to appeal to the Court a statement rejected the protest, brought in as a general supervision on illegal legal act, the Prosecutor may apply to the Court for recognition of a statement protesting them legal act illegal.
 
Article 24110. Applying the prosecutor submits an application in ètrapskij, the city court in the location of the body, rejecting official protest.
 
Article 24111. The content of the statements in the statement must be specified: the name of the Court in which the application; surname, name, patronymic of the Prosecutor, the name of his post; the name of the body or officer of the issuer of the instrument, its location; name of the legal act, when and by whom he was adopted; What were the provisions of legal acts do not correspond to the legislative acts; the demand of the Prosecutor; the list annexed to the statement of the documents.
The statement shall be accompanied by: a legal act, which the Prosecutor requests to recognize illegal, or a copy, certified in the prescribed manner; document confirming the rejection of protest or the expiration of the statutory period for its consideration; a copy of the application to the authority or officer of the issuer of the legal act.
 
 Article 24112. Consideration of the application, in preparing the case for trial, the judge on the application of the Prosecutor is considering suspending protesting the Act prior to the entry into force of the decision and notify the Attorney General, official or authority, the issuer of the instrument, other interested persons.
Statement before the Court within ten days, with the participation of the Prosecutor and the head of the body, which adopted the decision to dismiss the protest, or his representative.
The judge in preparing the case for trial, it may be decided to participate in the case of persons, representatives of organizations whose rights are affected by the contested act.
 
Article 24113. Decision on the application, the Court, having established the validity of statements made by the Prosecutor, shall decide on the application and the recognition of the legal act illegal.
If the Court recognizes that the protested Act was enacted in accordance with the law and within the limits of the powers of the authority who issued it, it shall decide to reject the application.
The decision of the Court on the application of the Prosecutor shall be communicated to the Authority official, otklonivšemu protest, and the Prosecutor.
 
Chapter 25 the CASES on recovery of TAX ARREARS from citizens, SAMOOBLOŽENIÛ of the RURAL POPULATION and State COMPULSORY INSURANCE Article 242. The filing Statement on recovery of tax arrears from citizens, samoobloženiû of the rural population and state compulsory insurance is filed accordingly ètrapskim, urban or ètrapskim in Department of economy and finance or arčynom or State Insurance Authority in the Court of the place of residence of the nedoimŝika or at the location of his property.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 20, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 29, article 111; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 243. The content of the statement

 
The statement must be given: surname, name and patronymic of nedoimŝika and his place of residence; the law under which a citizen called to pay the relevant fees, the payment amount and the timing of their payment; amount to be collected back taxes, penalties and payment terms, which formed the arrears.

The statement shall be accompanied by: a copy of the payment notice, insurance certificate or an extract from the nedoimŝika personal account with time handing him a payment document sizes and payment dates; extract from the decision of the general meeting of the citizens about the conduct of the samoobloženiâ and the sum of the samoobloženiâ; the Act of seizure of property nedoimŝika and nedoimŝika have no assets that may be levied, the absence of property; help from other persons of nedoimŝiku from them sums of money when there is no property or failure to repay its arrears.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 20, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 29, art. 111) article 244. Consideration of the application

 
In case the Court should check: is there a law this payment type; are there legitimate reasons to attract citizen to this payment; whether the observed recovery of the bodies established by the procedure for the payment of a citizen; taken into account bodies recover benefits if, unless, under the law, a citizen is entitled to them; whether produced by distrainment of the property requirements of the legislation of Turkmenistan on the recovery not in term of taxes and non-tax payments.
If the Court doubts the correctness of calculating the size of the payment, it its decision suspends the proceedings on the case and sends the material body recovery for validation. The case resumed after the recalculation of the payment authority the confirmation or statement of recovery recovery of its parent body.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 20, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 29, article 111; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 245. The Court's decision on the application

 
The Court, finding that the claim for the recovery of arrears is legal, renders a decision on the withdrawal from nedoimŝika property according to the Act in court, and in the absence of an inventory of property or failure of the property to pay off the arrears on the foreclosure of the sums owed to nedoimŝiku from others.
If the Act inventory included property that by law may not be levied, the Court withdraws arrest with this property.
If the Court finds that the claim for the recovery of arrears is illegal, he refuses to meet the stated requirements.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 20, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 29, art. 111) article 246. Pursuant to decision

 
Pursuant to the decision of the Court for the recovery of arrears shall be made by the relevant body recovery according to the rules stipulated by the legislation of Turkmenistan.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from October 20, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 29, article 111; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6)
 
III. PROCEEDINGS Chapter 26 GENERAL PROVISIONS Article 247. Cases heard by the Court in the cases before the Court in the case are: 1) on establishing the facts having legal value;
2) recognizing citizen untraceable and declare the citizen dead;
3) recognizing a citizen limited dispositive capacity, or of unsound mind;
4) recognizing absentee property;
5) on the establishment of irregular records in the books of acts of civil status;
6) complaints of improper Commission of notary actions or denial;
7) for reinstatement of rights to lost instruments payable to bearer (ringing).
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975-statements of the Supreme Council of TAJIKISTAN SSR, 1975, № 4, p. 111) Article 248. The order of consideration of cases special proceedings

 
The cases listed in article 247 of this code are dealt with by the courts under the rules of this code with the exceptions and additions provided by heads of 27-33 of the present code.
The cases listed in article 247 of this code, the Court shall consider involving the applicant and interested citizens, government bodies, enterprises, institutions, organizations and their associations, non-governmental organizations.
If a case arises in answerable dispute to the courts, the Court leaves the petition without consideration and explains to stakeholders that they have the right to sue on a common basis.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Chapter 27 ESTABLISHING the FACTS having legal VALUE Article 249. Case on fact-finding, with legal value before a court the Court establishes facts from which depends the emergence, modification or termination of personal or property rights of citizens or organisations.
The Court hears cases on the establishment: 1) relationship;
2) fact finding a person dependent;
3) the fact of registration of adoption, marriage, divorce, and death;
4 status) the fact of actual marital relations in the cases provided by law, if the registration of marriage in the civil registry cannot be made due to the death of one of the spouses;

5) fact conditioning constitutive documents (except for the membership card of the public organization, military documents, passports and certificates issued by the civil registry authorities) person, name, patronymic or surname which referred to in document does not match the name, middle name or surname of the person by passport or birth certificate;
6) fact of ownership structure on the property right;
7) the fact of an accident;
8) fact of death of a person at a certain time and a certain place in case of refusal of the civil register in the event of death;
9 acceptance of inheritance) and place the opening of the inheritance;
10) other facts having legal value, if not legislation establishes another procedure for their establishment.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 250. The conditions necessary to establish the facts having legal value, the Court ascertains the facts having legal value only if the claimant cannot obtain otherwise appropriate documents proving these facts, or if it is not possible to recover lost documents.
 


Article 251. Applying

 
Statement on establishing the facts having legal value, is served in the Court of the domicile of the applicant, except for declarations on the establishment of the fact of ownership structure on the property right, who served in the Court of the location of the buildings.
 


Article 252. The content of the statement

 
The statement must indicate the purpose for which the claimant must establish the fact and must be given evidence that the claimant's inability to receive the appropriate documents or inability to recover lost documents.
 


Article 253. The Court's decision on the application

 
In the Court's decision should be indicated: fact, fixed by the Court, the goal for his determination, as well as the evidence on which the Court has established this fact.
Court decision on determining whether subject to registration in the civil registry or registration elsewhere, after the entry into force serves as a basis for such registration or registration not superseding documents issued by these bodies.
 
Chapter 28 RECOGNITION of CITIZEN untraceable and DECLARATION of a CITIZEN DEAD Article 254. The filing of a declaration of acceptance of the citizen as missing or declaring a citizen the deceased served in the Court of the place of residence of the applicant.
 


Article 255. The content of the statement

 
The statement must indicate the purpose for which it is necessary to recognize the applicant citizen of untraceable or declare him dead, and must be set forth facts supporting the lengthy absence of the citizen or the circumstances that threatened the missing death or give ground to assume his death from a specific accident.
 


Article 256. The action of the judge after the adoption of the Declaration

 
The judge in preparing the case for trial finds out what persons (relatives, colleagues, etc.) can provide information about the missing, and requests the relevant organizations (housing-operational organizations, police, arčyny) to the last known place of residence and place of work of the missing information about it available.
After acceptance of the application, the judge may offer guardianship and tutorship agency appoint a guardian to protect the property of the missing, as well as to manage its property.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 257. Consideration of the case

 
The Court examines the case involving the complainant, witnesses, specified in the application, and those which the Court itself recognizes the need to interrogate, and decides the decision on recognition of a citizen as missing or declaring him dead.
The case is considered with obligatory presence of the Prosecutor.
 


Article 258. The Court's decision on the application

 
The Court's decision, which the citizen is declared missing, is the basis for the appointment of the Agency of guardianship and curatorship at the place of location of the property missing custody of that property.
The Court's decision, which the citizen is declared dead, is the reason for making the body of the civil registry entry about the death of this citizen in the book of records of civil status acts.
 
Article 259. Consequences of the discovery appear or place of residence of the citizen, declared missing or dead in the case of the appearance or detection of the seat of the citizen, declared missing or dead, the Court declared the new decision cancels its earlier decision. This decision is the basis for the withdrawal of guardianship with the property of a citizen or cause a record of his death in the book of the civil registry.
 
Chapter 29 CITIZEN RECOGNITION of LIMITED DISPOSITIVE CAPACITY, or INCOMPETENT Article 260. Application Case of recognition of a citizen limited dispositive capacity as the result of abuse of alcoholic beverages or narcotic substances or incompetent due to mental illness or dementia can be initiated on application by his family members, trade unions and other public organizations, the Prosecutor, the Agency of guardianship and curatorship, psychiatric hospital.

Declaration of acceptance of the citizen of limited dispositive capacity, or incapacitated is filed with the Court at the place of residence of the individual, (a) if the person is placed in a psychiatric institution, at the location of the medical establishment.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from July 27, 1988-Statements of the Supreme Council of TAJIKISTAN SSR, 1988, no. 14, p. 79) article 261. The content of the statement in the Declaration of acceptance of the citizen of limited dispositive capacity shall be presented circumstances that indicate that the person who abuses alcohol or drugs, put his family in a difficult material situation.
In the statement on recognition of a citizen as incompetent should be spelled out the circumstances, evidence of mental disorder, as a result of which a person may not understand the significance of his actions or control them.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from July 27, 1988-Statements of the Supreme Council of TAJIKISTAN SSR, 1988, no. 14, p. 79) article 262. Appointment of examination to determine the mental state of a citizen Judge in preparation of the case for trial if there is sufficient evidence of mental illness or dementia shall appoint a citizen to determine his mental state forensic psychiatric examination.
In exceptional cases when explicitly evading examination of the person against whom the proceedings for recognition of his work, the Court in a hearing with the participation of the Prosecutor and the psychiatrist decides to question the expertise.
 


Article 263. Consideration of the application

 
The case of recognition of a citizen limited dispositive capacity, the Court shall consider with the obligatory participation of the citizens, as well as the Prosecutor and the representative of the Department of custody and guardianship.
The case of recognition of a citizen as incompetent Court deals with the mandatory participation of the Prosecutor and the representative of the Department of custody and guardianship. Citizen, recognizing which incapacitated case, called in the trial, if it is possible for the State of his health.
Legal costs for the case of recognition of a citizen as incompetent or with limited dispositive capacity of the applicant is collected.
The Court, having established that family members who filed the statement in good faith with a view to deliberately acted in undue restriction or deprivation of legal capacity of a citizen, warranted all court costs.
 


Article 264. The Court's decision on the application

 
The Court's decision, which was recognized as citizen of limited dispositive capacity, or incapable, is the basis for appointment of guardianship or curatorship authority limited capable-guardian and incompetent-guardian.
 


Article 265. Recognition of the legal capacity of a citizen

 
In the cases provided for in article 15 of the Civil Code of Turkmenistan, the Court, upon application of the citizen, his trustee, as well as persons and public bodies referred to in article 260 of this code, shall decide on the abolition of restrictions on the legal capacity of a citizen. On the basis of a court decision cancelled installed over it guardianship.
In the cases provided for in article 16 of the Civil Code of Turkmenistan, the Court, upon application by the guardian, as well as persons and public bodies referred to in article 260 of this code, on the basis of a forensic psychiatric examination, shall decide on the acceptance of recovered legal capacity. On the basis of a court decision cancelled installed over it guardianship.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) 30 RECOGNITION of ABSENTEE PROPERTY Article 266. The filing of a declaration of acceptance of the absentee property is served hâkimom or arčynom, the financial authorities in court at the location of the property.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 267. The content of the statement

 
The statement should indicate what property should be recognized as goods, and provides evidence confirming the inability to establish the owner of the property.
 


Article 268. The actions of the referee after the adoption of the Declaration

 
The judge in preparing the case for trial persons inquire what (owners, actual property owners, etc.) can provide information about the property, and asks for information about him available relevant organizations (housing-operational organizations, arčyny, bodies of housing and communal services).
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 269. The Court's decision on the application

 
The Court, having found that the property has no owner or owner is unknown, it shall decide on the acceptance of absentee property and the transfer of his property to the State.
(As amended by the Act of May 13, 1994-statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) 31 FIXING DEFICIENCIES ENTRIES in the books of ACTS of CIVIL STATUS Article 270. Filing Court hears cases on establishing the deficiencies in the records books of acts of civil status, if Gyshlag in the absence of a dispute on the right refused to correct the record produced.
Statement on the establishment of incorrect entries in the books of acts of civil status is filed with the Court at the place of residence of the applicant.
 



Article 271. The content of the statement

 
The statement should indicate what is wrong entries in the books of acts of civil status, when and by what authority the civil registration was refused in correcting the record produced.
 


Article 272. The Court's decision on the application

 
Entered into legal force court decision, which installed the wrong entries in the books of acts of civil status, serves as a basis for correcting such record of civil status acts.
 
Chapter 32 the APPEAL of NOTARIAL ACTS or REFUSAL of Article 273. Filing a complaint the applicant, considers the wrong committed by a notarial action or deny committing notarial actions, have the right to submit a complaint about this in ètrapskij, the city court in the location of the State notary office, arčyna.
Complaints of wrong identity of wills and powers of attorney or to deny their identity of officials authorized by law on notaries, served at the Court of the location of hospitals, respectively, another inpatient treatment-and-prophylactic institutions, homes for the elderly and disabled, expeditions, the hospital, the military hospital, a military unit, connection establishment, military educational institutions, places of deprivation of liberty.
Complaints about the improper certification of Testaments or denial of his identity, the captain of ship or inland navigation vessel, flying the flag of Turkmenistan, served at the Court in the place where the home port of the vessel.
A complaint is filed with the Court within ten days, calculated from the date on which the complainant became aware of the notarial act or refusal to committing notarial actions.
Between stakeholders dispute based on perfect notarial action, is considered by the Court in accordance with the legislation of Turkmenistan in order lawsuit.
(As amended by the Decree of the Presidium of the Supreme Soviet of TAJIKISTAN SSR from February 18, 1975 and Law of TAJIKISTAN SSR from May 29, 1991 and the Act May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1975, № 4, p. 11; 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 274. Consideration of complaints

 
The complaint before the Court involving the applicant, notary public or other official action which has been appealed, but their absence does not constitute an obstacle to the settlement of the case.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975-Statements of the Supreme Council of TAJIKISTAN SSR, 1975, no. 4, art. 11) article 275. The Court's decision on the complaint

 
Having considered the complaint, the Tribunal shall render its decision: 1) acknowledged the action taken by a notary public or other officer performing notarial acts, correct and dismisses the complaint;
2) recognizes the complaint justified and cancels the perfect Notary Act or imposes on the State the notary or other official performing notarial acts, the obligation to perform certain acts.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975  -Statements of the Supreme Council of TAJIKISTAN SSR, 1975, no. 4, art. 11) chapter 33 RESTORATION of RIGHTS to LOST INSTRUMENTS PAYABLE to BEARER (RINGING) Article 276. Application for recognition of a lost document invalid person voided document bearer shares, in cases specified by law, in particular, the loss of the State labour savings bank issued bearer passbook or secure management certificate of acceptance deposited bonds government loans, can ask the Court for recognition of a lost document null and void and for reinstatement of rights on the lost document.
A declaration of acceptance of the lost document bearer invalid served in the Court of the place of establishment of the issuer.
 


Article 277. The content of the statement

 
The statement must be shown the distinctive signs of the lost document, name of institution, issuer, and also set out the circumstances in which the loss occurred for the document.
 


Article 278. The actions of the referee after the adoption of the Declaration

 
Judge after acceptance of the application shall issue a ruling banning the issuing document establishment of produce on it payments or extradited, as well as on production at the expense of the applicant of the publication in a local newspaper.
Publication about the call holder shall contain: 1) the name of the Court had before it a statement on the loss of the document;
2) surname, name, patronymic name of the applicant and his domicile;
3) name and distinctive signs document;
4) to the holder of the lost document, the loss of which stated, within three months from the date of the publication of Sue statement about their rights on this document.
Denial of determination may be made private complaint or brought a private protest.
 


Article 279. The statement by the holder of the document

 
Document holder, the loss of which stated, shall be bound, before expiration of a period of three months from the date of publication to sue who definition, statement of their rights on paper and to submit the document in the original.
 
Article 280. The Court's action after receipt of an application by the holder of the document
 

In case of receipt of an application by the holder of the document before the expiration of a period of three months from the date of publication of the Court leaves the application filed by the person that lost document, without consideration and sets a time limit within which the issuing document agency payments thereon is prohibited and extradition. This period shall not exceed two months.
At the same time, the Court explained to the applicant of his right to present a document to the holder of the claim in general terms about the discovery of this document, and the document holder's right to recover damages caused by the applicant adopted judge interdictions.
On the definition of the Court of the issues referred to in this article may be filed a private complaint or brought a private protest.
 
Article 281. Consideration of the application for recognition of a lost document invalid case about recognition of the lost document invalid, the Court shall consider on the expiry date of publication, if the holder of the document is not submitted the declarations referred to in article 279 of the criminal code.
 


Article 282. The Court's decision on the application

 
If the applicant requests the Court renders a decision, which recognizes the lost document invalid. This decision is the basis for issuing the applicant contribution or a new document to replace the invalidated.
 
Article 283. The right holder to sue about the undue acquisition or preservation of property document holder has not, for any reason, in a timely manner their rights to this document, following the entry into force of the court verdict on the recognition of the document invalid, can bring to a person which is recognized as eligible for the new instrument to replace lost a claim for undue acquisition or preservation of the property.
 
Section IV CASES in CASSATION Chapter 34 appeal and PROTEST the DECISIONS of the COURT Article 284. Right of appeal and cassation protest decision etrap, municipal courts and regional, Ashgabat city courts, as well as the decision of the Supreme Court of Turkmenistan may be appealed in cassation by the parties and other persons involved in the case.
The Prosecutor or a Deputy Prosecutor brings protest to unlawful or unfair court decision, regardless of whether he was involved in this case. Assistants to prosecutors, procurators offices and departments can bring protests only in cases in which they have participated.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, June 15, 1981, August 25, 1983 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; 1981, no. 17, p. 64; 1983, no. 24, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 285. The deadline to file a cassation complaint or a protest

 
Cassation complaint or a protest may be filed within ten days after the issuance of the Court's decision.
Complaint or protest filed after the specified time limit are left without consideration and will be returned to the person submitting the complaint or protest.
 
Article 2851. The timing of the consideration of the case in the cassation instance court Velaâtskij, observer, City Court must consider the offer for the cassation complaint or grievance case not later than ten days from the date of its receipt. When the particular complexity of the case or in other exceptional circumstances, the Chairman of velaâtskogo, Ashgabat City Court may extend this time limit, but not more than ten days.
The Supreme Court of Turkmenistan should consider the offer for the cassation complaint or grievance case, including the decision of the Supreme Court of Turkmenistan no later than fifteen days from the date of its receipt. In exceptional cases, the President of the Supreme Court of Turkmenistan or his deputies can prolong this term, but not longer than one month.
In case of prolongation of the cassation instance persons participating in case shall be informed in advance of the day of the hearing.
(Introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981, as amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983  and the law of TAJIKISTAN SSR from May 29, 1991 and the Act May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, art. 64;  1983, no. 24, art. 64;  1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 286. The procedure for filing the appeal and protest

 
Appeals and appeal protests may be brought against decisions of the etrap, municipal courts, in appropriate court velaâtskij and observer, municipal court, and the decisions of velayat, Ashgabat city courts to the Supreme Court of Turkmenistan.
Appeals or protests are brought through the Court that rendered the decision. Filing a complaint or protest directly in cassation does not constitute an obstacle to the consideration by the complaint or the protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983 and Law of Turkmenistan on May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1983, no. 24, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 287. The content of the appeal or protest

 
Cassation complaint or a protest should contain: 1) the name of the Court who addressed the complaint or protest;
2) name of the person making the complaint or protest;
3) specifying the decision being appealed or contested, and the Court handed down this decision;

4) specifying what is wrong decision and at the request of the person making the complaint or protest;
5) the list annexed to the complaint or grievance written materials.
Appeal in cassation shall be signed by the person filing the complaint or by his representative. Appeal shall be signed by the Prosecutor.
In the appeal filed by the representative, should be accompanied by power of attorney or other document certifying the authority of the representative.
 


Article 288. A copy of the appeal or protest

 
Cassation complaint or a protest shall be submitted to the Court with copies of the number of persons involved in the case.
Where necessary, the judge may order the person bringing the appeal, or the Prosecutor, bringing protest, provide copies of the attached to the complaint or protest written materials based on the number of persons involved in the case.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1991, no. 9-10, art. 101) article 289. Abandonment of appeal or protest without movement when filing the appeal or protest, not feed their signed by persons without specifying the decision being appealed or contested, or without all necessary copies, as well as when filing the complaint, not the paid State fee, the judge shall determine, which leaves a complaint or a protest without traffic and assigns to the complainant or the protest period to correct the deficiencies.
If the person who filed the complaint or protest, in time fulfil instructions contained in the definition of a complaint or the protest shall be considered filed on the day of the initial submission to the Court. Otherwise, the complaint or protest considered not filed and be returned to the person submitting a complaint or protest.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1991, no. 9-10, art. 101) article 290. The Court's action after receiving the appeal or protest to the Referee after receiving a cassation complaint or a protest shall: 1) send the persons participating in the case, a copy of the complaint or the protest and their attachments written material;
2) notify the persons involved in a case about the time and place of the cassation complaint or cassation protest;
3) at the expiration of the period fixed for the appeal and protest decision to send the case to the Court of Cassation.
Pending the entry into force of the decision into legal force the thing nobody can be demanded from the Court. Persons participating in the case and the Prosecutor have the right to acquaint themselves with the case in court and grievances or protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971-statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81) article 291. Joining the appeal

 
Partners and third parties who process on the same side as the person who filed the appeal, can join filed the complaint. Declaration of accession to the complaint State fee is not paid.
 


Article 292. Explanation on a cassation complaint or a protest

 
Persons participating in case shall have the right to provide explanations on the complaint or protest with the application documents confirming these explanations. Where necessary, the judge may oblige to provide explanations and documents appended to them with copies to the number of persons involved in the case. These copies of court presents the persons participating in the case.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991-statements of the Supreme Council of TAJIKISTAN SSR, 1991, no. 9-10, art. 101) article 293. Abandonment of appeal and cassation protest tip the person who filed the appeal in cassation has the right to refuse. However, the Court is entitled to reject the abandonment of the complaint on the grounds specified in article 100 of the present Code, and to consider the matter by way of Cassation.
The Prosecutor, brought a cassation motion, as well as the Procurator has the right to withdraw the protest before the start of the trial. On the revocation of the protest, the Court shall notify the persons involved in the case.
In case of withdrawal of Attorney General protest if the party for which the claim is made and not complaining, insists on consideration of the case on appeal, it is obliged to pay the court costs.
The repudiation of the complaint, the Court shall determine, which stops the Cassation proceeding, if the decision is not appealed and is not challenged by others, the Court shall notify the persons involved in the case.
 


Article 294. The plaintiff's refusal of the claim and the settlement agreement the parties

 
The plaintiff's refusal of the claim or the settlement agreement the parties committed after the filing of the appeal or protest must be submitted in writing to the Court of Cassation. Before the adoption of the waiver of the claim or claims settlement agreement, the Court explained to the plaintiff or to the parties the consequences of their action.
When the plaintiff's claim of repudiation or approving a settlement agreement of the parties to the cassation instance cancels the judgement and terminates the proceedings on the case. If on the grounds specified in article 100 of the present Code, the Court rejects the refusal of the claim or the settlement agreement, he examines the case on appeal.
 


Article 295. The limits of case review

 
In proceedings before the Court of Cassation in the case reportedly advanced by the parties and other persons involved in the case, checks the legality and validity of the decision of the Court of first instance as in is unconstitutional, and the neobžalovannoj part, as well as against persons filing complaints.

The Court is not bound by the arguments of the cassation complaint or a protest and is obliged to check the case in full.
 
Article 2951. Participation in the cassation instance court representatives of NGOs and labor groups to participate in proceedings before the Court of Cassation allowed representatives of NGOs and labor groups that are not party to the case. However, if they participated in the Court of first instance, repeated authority is not required.
(Introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) Article 296. Order in court session

 
The Chairman of the session of the Court shall take the necessary measures to ensure the proper order in court, in accordance with articles 150 and 151 of the present code.
 


Article 297. Commencement of proceedings

 
Presiding judge opens the hearing and announced what business, on whose complaint or grievance and the decision of any court shall be subject to review. The presiding judge shall ascertain who of the persons involved in the case, and representatives showed up, sets the personality came, and verifies the credentials of the representatives and officials.
 


Article 298. The announcement of the composition of the Court and an explanation of the rights allotment

 
The presiding officer announces the composition of the Court, reports, who acts as a Prosecutor, the interpreter, and clarifies the persons participating in the case, their right to claim offsets.
Grounds for challenges to resolve alleged and the consequences of such declarations are defined by articles 18-24 of this code.
 
Article 299. Explanation of the persons participating in the case, their rights and duties Presiding clarifies the persons participating in the case their procedural rights and obligations.
 
Article 300. Consequences of failure to appear at the trial of persons involved in the case, and in case of non-appearance in court any of the persons involved in the case, and the representatives duly izveŝennyh not the time and place for the consideration of the case, the court defers hearing.
The absence of the persons mentioned in this article, duly izveŝennyh of the time and place for the consideration of the case, is not an obstacle to the trial of the case. However, the Court is entitled, and in these cases, recognizing the reasons for failure to appear legitimate, to postpone the hearing.
About failure without good reason the Prosecutor or court shall notify counsel respectively senior procurator or the Presidency of the Bar Association.
 


Article 301. Resolution of the court statements of persons participating in the

 
Statements by persons involved in the case, on all matters related to proceedings in the Court of Cassation shall be settled by the Court after hearing the views of others involved in the case, and the conclusion of the Prosecutor.
 


Article 302. Report of a case

 
Consideration of the case in the cassation instance court begins presiding report or one of the members of the Court.
The rapporteur sets out the circumstances of the case, the content of the decision of the Court of first instance arguments of the cassation complaint or a protest and received an explanation on them, content presented in court new written materials as well as informs all what you need to consider the Court to verify the correctness of the decision of the Court of first instance.
 


Article 303. Explanation of the persons participating in the

 
After the report, the Court shall hear the explanations came in the trial of persons involved in the case, and representatives who may cause arguments, not mentioned in the complaint or protest, and to submit additional materials.
First supports the person who filed the appeal, and his representative, or the Prosecutor shall, if the appeal is brought. In the case of an appeal against the two parties first supported plaintiff.
Authorized bodies of State administration, enterprises, institutions, organizations and associations, public organizations or individuals in court for the protection of the rights and legitimate interests of other persons, if they have not appealed the decision, serve upon the parties and third persons.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 304. The conclusion of the Prosecutor

 
In proceedings before the Court of Cassation Prosecutor gives an opinion on the legality of and justification for the decision.
The Prosecutor shall determine after explanations of persons involved in the case.
 


Article 305. Determination

 
After the explanations of persons involved in the case, and the conclusion of the Prosecutor, the Court removed the deliberation room to make a determination.
Meeting of the judges, determination and its declaration occurs in the manner prescribed by articles 16, 192, 195 and 198 of this code.
 


Article 306. Dissenting opinion of Member of the Court

 
Dissenting opinion of Member of the Court of Cassation in the case must be reported to the President of the Court to address the question of bringing the protest on the case by way of supervision.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81) article 307. Powers of Court of Cassation

 
The Court, having considered the matter by way of Cassation, has the right to its definition: 1) leave the decision unchanged and complaint or protest, without satisfaction;

2) to revoke the decision in full or in part and refer the case for a new consideration in the Court of first instance;
3) partially or completely repeal resolution and halt the proceedings on the case or keep petition without consideration;
4) to change the decision or make a new judgment without referring the case for a new trial, if the case is not required to collect or test evidence, the facts established by the Court of first instance fully and correctly, but an error in the application of the rules of substantive law.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) Article 308. Grounds for cancellation of the decision of the Court of Cassation

 
Grounds for cancellation of the decision of the Court of Cassation and the case for a new consideration in the Court of first instance are: 1) the lack of full clarification of the circumstances relevant to the case;
2) where the circumstances relevant to the case, which the Court considers to be established;
3) inconsistency of conclusions of the Court, as set out in the decision, the circumstances of the case;
4) violation or incorrect application of material or procedural norms of law.
Cannot be canceled right on the merits of the decision of the Court on only one formal reasons.
 
Article 309. Violation or incorrect application of substantive law the substantive law shall be considered violated or incorrectly applied: 1) if the Court did not apply the law to be applied;
2) if the Court applied the law to be applied;
3) if the Court had misinterpreted the law.
 
Article 310. Breach or wrong application of procedural norms of law violation or incorrect application of procedural norms of law shall be a ground for annulment only if this violation has resulted or could result in incorrect resolution of the case.
The decision anyway be cancelled: 1) if the case is examined by the Court illegal;
2) if the case is examined by the Court in the absence of any of the persons involved in the case, not izveŝennyh about the time and place of the court session;
3) if in the case have been violated the rules of the language in which the proceedings are being conducted;
4) if the Court resolved the issue concerning the rights and obligations of persons not involved in the case;
5) if the decision were violated rules about secret meetings of judges;
6) if the decision is not signed by any of the judges, or if the solution is signed not by the judges, which are specified in the decision;
7) if the award is made not by the judges, who were part of the court reviewing the case;
8) if there is no trial transcript.
 
Article 311. Cancellation of the decision with the termination of the proceedings or abandonment of statements without considering the decision of the Court of Cassation canceled with the termination of the proceedings or abandonment of applications without consideration of the grounds specified in articles 221 and 223 of the present code.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 312. Specify the cassation instance court on violation of the law, which is not a reason to reverse the decision of cassation instance by setting that allowed by the Court, which is handling the case, violations of the law are not grounds for annulment, should indicate to them the definition of private judgment or definition.
 


Article 313. Define Cassation

 
The ruling of the Court of Cassation, which is allowed to question the correctness of the decision of the Court of first instance, shall be made in the form definition.
In the determination of the Court shall include: 1) time and place of the determination;
2) name of the Court which the Court composition definition;
3) gave the Prosecutor and other persons taking part in proceedings before the Court of Cassation;
4) the person who filed the appeal or protest;
5) summary decision appeal or protest, presentations, explanations of persons involved in proceedings before the Court of Cassation, and the conclusion of the Prosecutor;
6) the grounds on which the Court reached its conclusions, and a reference to the laws, which the court guided;
7) court order.
In dismissing the appeal or protest, the Court shall specify in its definition of the grounds on which the arguments of the complaint or the protest declared incorrect or are not grounds for annulment.
If you cancel the decision and refer the case for a new trial, the Court is obliged to indicate in its definition, what facts you need to know what evidence should claim, and what other actions to the Court of first instance as a new case.
 
Article 314. Adoption of a superior court of an affair to the manufacture of the first instance in the case of repeated reversal of the decision of the Court of Cassation accordingly velaâtskij, observer, city court or the Supreme Court of Turkmenistan is obliged to consider the need to take this case to its production as a Court of first instance.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, August 25, 1983 and Law of Turkmenistan on May 13, 1994. -Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, art. 81; 1983, no. 24, art. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 315. The validity of the definition of Court of Cassation

 

The Court of Cassation is not subject to appeal and enters into force from the moment of its adoption.
 


Article 316. Private definition of Court of Cassation

 
The court hearing the case on appeal, may in the cases provided for in article 227 of the present Code, to render an interlocutory decision.
 


Article 317. Be bound by the instructions of Cassation

 
Specify the court seized seised of the case in the Cassation order described in the definition, are mandatory for the court seised of the case again.
The court hearing the case on appeal, may not establish or consider proven the circumstances that were not installed in the solution or rejected them, prejudge questions about reliability or unreliability of this or that evidence about the superiority of one over the other evidence, as well as what must be applied a rule of substantive law and what decision should be made as a new case.
 
Article 318. Consideration of the cassation complaint or a protest submitted after consideration of the case in the Cassation in cases where a cassation complaint or a protest lodged within the prescribed time limit or after you restore the missed deadline, be submitted to the Court of Cassation after consideration of the case on other grievances or protest, Court of cassation instance examines the complaint or protest in a general way. In cases where the cassation instance, considering such a complaint or protest finds that a determination on the complaint or grievance should result in the modification or repeal pre-existing definitions, cassation instance, introducing definition, refers the case with a separate submission to the President of the Court, who shall decide about bringing the protest by way of supervision on one or both definitions.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81) chapter 35 appeal and PROTEST COURT DEFINITIONS Article 319. Right of appeal and challenge the Court of first instance definitions the definitions of ètrapskogo, City Court and velaâtskogo, Ashgabat City Court, as well as the determination of the Supreme Court of Turkmenistan made as a Court of first instance may be appealed separately from that of the parties and other persons involved in a case and challenged the Prosecutor into the appeal instance: 1) in the cases provided by the present code;
2) in cases when the Court barred possibility of further movement of the case.
The remaining definitions ètrapskogo, City Court and velaâtskogo, Ashgabat City Court, as well as the determination of the Supreme Court of Turkmenistan made as a Court of first instance, ancillary complaints or private protests not served, but objections to these definitions can be included in a cassation complaint or a protest.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 320. The procedure for the submission and consideration of private complaints and private protests filing and consideration of private complaints and private protests occur in the manner provided for in the relevant articles of chapter 34 of this code.
 


Article 321. Powers of Court of Cassation

 
Cassation instance, having considered the private complaint or a private protest, has the right to: 1) leave definition without changes, and a private complaint or a private protest-without satisfaction;
2) repeal the definition of in whole or in part and refer the matter for a new trial in the Court of first instance;
3) repeal the definition of in whole or in part and resolve the issue on its merits.
 
Article 322. The validity of the definition of a Court of Cassation handed down through a private complaint or protest the definition of Cassation handed down through a private complaint or a private protest, not subject to appeal and enters into force immediately after his conviction.
 
Section V REVIEW, definitions and regulations ENTERED into force Chapter 36 CASES in SUPERVISORY INSTANCE Article 323. Decisions, determinations and decisions may be reviewed by way of supervision entered into legal force of the decisions, determinations and orders all courts of Turkmenistan may be reviewed by way of judicial review to the protests of officials specified in article 324 of the criminal code.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 324. Persons having the right of swearing to protest

 
Protests may bring: the President of the Supreme Court and the Prosecutor General on decisions, determinations and orders all courts of Turkmenistan, including the plenum of the Supreme Court;
Deputy Chairman of the Supreme Court and Deputy Attorney General-on decisions, determinations and orders of any Court of Turkmenistan except for rulings of the plenum of the Supreme Court.
The Chairmen of the regional and city courts and prosecutors Ashgabat velayats, Ashgabat and may bring protests on decisions, determinations and orders etrap, municipal courts and judicial review determine regional, Ashgabat city courts.
(As amended by the Act of September 30, 1992-Statements of the Mejlis of Turkmenistan, 1992, no. 9, p. 87) article 325. Courts dealing with protests by way of supervision
 

Case on protests for judicial review are: 1) the Bureau of velaâtskogo, Ashgabat city court-decisions and determine the etrap, municipal courts and on appeal velaâtskogo definition, Ashgabat City Court;
2) Judicial Board on civil cases of the Supreme Court of Turkmenistan on rulings velayat, Ashgabat City Court if those rulings were not subject to cassation before the Supreme Court of Turkmenistan, as well as decisions of the bureaux velaâtskih, Ashgabat city courts;
3) Bureau of the Supreme Court of Turkmenistan on the rulings of the judicial Board on civil cases of the Supreme Court of Turkmenistan;
4) by the plenum of the Supreme Court of Turkmenistan decisions and determine the appeal of the Bureau and the plenary session of the Supreme Court of Turkmenistan.
If in this case in the Court of the first, cassation or supervisory instance involved a majority of the members of the Bureau, velaâtskogo, Ashgabat City Court and the President of the Court of justice brought protest or procurator velayat, Prosecutor of the city of Ashgabat, the person who witnessed the protest, refers the case to the President of the Supreme Court of Turkmenistan respectively, or to the General Prosecutor of Turkmenistan for discussions about bringing the protest by way of supervision to the Supreme Court of Turkmenistan. In those cases, when it was subject to review at the podium velaâtskogo, Ashgabat City Court in protest of the General Prosecutor of Turkmenistan, the President of the Supreme Court of Turkmenistan or their deputies, it referred to the oversight in the judicial Board on civil cases of the Supreme Court of Turkmenistan.
If in this case in the Court of the first, cassation or supervisory instance involved a majority of the members of the Presidium of the Supreme Court of Turkmenistan, the case is transferred for consideration at a plenary session of the Supreme Court of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 326. Discovery Affairs

 
The persons referred to in article 324 of this code, shall have the right to claim, within its competence, any civil case to resolve the matter about bringing the protest entered into legal force of the decision, determination or order of the Court.
The right of claiming deeds of etrap, municipal courts also belongs to ètrapskim and city prosecutors who, where necessary, make a senior procurator idea about bringing the protest by way of judicial review.
In the absence of grounds for sacrificing protest reported person, according to which the case was demanded to check, with an indication of the grounds for refusal, and the case is remanded to the Court from which it was demanded.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from May 18, 1971 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 327. Suspension of execution

 
Officials, who have been granted the right of swearing oversight protests may suspend the relevant decisions, definitions and regulations until the proceedings by way of supervision.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 19, 1988 and the law of TAJIKISTAN SSR from May 29, 1991-Statements of the Supreme Council of TAJIKISTAN SSR, 1988, no. 8, p. 41;  1991, no. 9-10, art. 101) article 328. Sacrificing protest

 
If there is reason to be protest officer referred to in article 324 of the present code is protest and sends it together with the case respectively in velaâtskij, observer, city court or the Supreme Court of Turkmenistan. When preparing and filing protest rules set out in article 287 of the criminal code. The protest appeared to be in court with copies to the number of persons involved in the case.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, August 25, 1983 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; 1983, no. 24.64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 329. Notification of persons participating in the case and sending them copies of the protests by the parties and other persons participating in the case, the Court sent a copy of the protest, brought their case. Where necessary, the parties and other persons participating in case shall be informed about the time and place of the hearing.
The Court shall appoint a time for the consideration of the case in such a way that persons involved in the case have an opportunity to submit written explanations on the protest and additional materials.


 



Article 330. Review of protests

 
Official who witnessed the protest by way of supervision has the right to withdraw it before the start of the trial. The protest brought by the public prosecutor, may be revoked also by a higher prosecutor. On the revocation of the protest, the Court shall notify the persons involved in the case. In the case of protest could be neither revoked nor changed.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 331. The limits of case review

 
In the case of supervisory Court according to the presented materials and additionally verifies the legality and validity of decisions, determinations and orders both contested by, and not contested by the part, as well as against persons other than those specified in protest.

The Court is not bound by the arguments of the protest and is obliged to check the case in full.
 


Article 332. Order trial protest

 
The case for protest at which entered into legal force of the decision, determination or order is considered by the Bureau velaâtskogo, the Ashgabat City Court and the judicial Board on civil cases of the Supreme Court of Turkmenistan no later than fifteen days, the Presidium of the Supreme Court of Turkmenistan-not later than one month, and by the plenum of the Supreme Court of Turkmenistan-not later than three months from the date of receipt of the case protested.
In the case of supervisory provisions set out in articles 296-299, 301 and 302 of the present Code, with the exceptions and additions, which are listed in this article.
In a meeting of the Presidium of the velaâtskogo, the Ashgabat City Court and the Supreme Court of Turkmenistan participated respectively the Prosecutor General, Prosecutor of the city of Ashgabat, Turkmenistan's Prosecutor General or their deputies, and in the meeting of the Board on civil cases of the Supreme Court of Turkmenistan-Attorney, authorized by the General Prosecutor of Turkmenistan. The plenum of the Supreme Court of Turkmenistan is necessarily part of the General Prosecutor of Turkmenistan.
The case is reported to the President of the Court or on behalf of a member of the Bureau or a member of the Court, not previously involved in the case. The rapporteur sets out the circumstances of the case, the content of the decision, the definitions and regulations, the content of the protest, as well as opinion on the case. The rapporteur questions may be asked.
Persons participating in the case, and their representatives, if they are informed about the time and place for the consideration of the case and appeared in court to give explanations after the report of the case.
Failure to appear at the trial of persons involved the who informed about the time and place for the consideration of the case, is not an obstacle to its consideration.
Then give the floor to the Attorney General to maintain the protest brought by him or by the supervising prosecutor, or to give an opinion on the case before the protest to the President of the Court or his Deputy, after which the Bureau or the plenum of the court adjudicate the protest Ordinance, and the judicial Board on civil cases of the Supreme Court of Turkmenistan-determination, which shall be taken by majority vote. Definition of judicial Board on civil cases shall be drawn up in the retiring room.
During the vote in plenary session and the Bureau, the judicial panel none of the composition of the Court has no right to abstain from voting.
In case of equality of votes the protest, which was considered by the Presidium and plenum, shall be regarded as rejected.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 18, 1971, August 25, 1983 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1971, no. 11, p. 81; 1983, no. 24, p. 64;   Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 333. Powers of the court seized seised of the case by way of supervision, the Court, having considered the case in its definition of oversight or regulation shall have the right to: 1) leave the decision, determination or order without change and protest-without satisfaction;
2) to reverse the decision, determination or order in whole or in part and refer the case for a new consideration in the Court of the first or the Court of Cassation;
3) to reverse the decision, determination or order in whole or in part and to discontinue the proceedings on the case or keep petition without consideration;
4) retain one of the prior case decisions, determinations or orders;
5) to change the decision, determination or order or make a new judgment without referring the case for a new trial, if the case is not required to collect or test evidence, the facts established by the Court of first instance fully and correctly, but an error in the application of the rules of substantive law.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 334. Grounds for cancellation of supervisory decisions, determinations or orders of the Court, be a ground for repeal of supervisory decisions, definitions or orders of the Court are unfounded or significant violation of material and procedural norms of law.
The decision, determination or order of the Court shall be subject to cancellation by way of supervision with the termination of the proceedings or abandonment of applications without consideration of the grounds specified in articles 221 and 223 of the present code.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 335. Be bound by the instructions of the court hearing the case for judicial review Indicate the court seized seised of the case for judicial review set out in the definition or ruling, obligatory for the court seised of the case again.
The court hearing the case to judicial review, does not have the right to install or take proven circumstances that were not installed in the solution or rejected them, prejudge questions about reliability or unreliability of this or that evidence about the superiority of one over the other evidence, as well as what must be applied a rule of substantive law and what decision should be made as a new case.

Similarly, the Court in judicial review, cassation definition may not prejudge the conclusions that can be drawn when pressed a cassation proceedings.
 


Article 336. Definition and judgement of the Court

 
The content and consequences of definitions and court orders dealing with oversight of the case are determined by the rules set forth in Articles 313 and 315 of this code.
The definition must be signed by all the Court ruling Presidency-the Presidency of the meeting of the Bureau, the plenum of the Supreme Court of Turkmenistan the Chairman and the Secretary of the plenary.
Definition and judgement of the Court shall be attached to the case file, together with the protest.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 337. Minutes of the meeting of the plenum of the Supreme Court of Turkmenistan in the meetings of the Presidium of the Supreme Court of Turkmenistan is carried out Protocol.
In the minutes of the meeting shall indicate: the date of the meeting, the participants of the meeting, agenda, summary of statements of persons participating in the meeting, the Prosecutor's conclusion, as well as the decision on the case.
The Protocol signed by the Chair and the Secretary of the plenary.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 338. Private court hearing the case in the order of trial court oversight oversight may in the cases provided for in article 227 of the present Code, to render an interlocutory decision.
 
Chapter 37 REVIEW, definitions and REGULATIONS on NEW CIRCUMSTANCES, Article 339. Reasons for the review of decisions, determinations and orders that have entered into legal force may be reviewed under the new circumstances.
Grounds for review, definitions and regulations on new circumstances are: 1) essential for circumstances, which were not and could not be known to the applicant;
2) established by entered into legal force court verdict knowingly false testimony knowingly false opinion, knowingly incorrect translation, the planting of incriminating evidence or documents, resulted in a ruling of unlawful or unjustified decisions;
3) established by entered into legal force court verdict criminal acts of the parties and other persons involved in the case or their representatives or criminal acts committed by the judges in this case;
4) cancellation of the decision, verdict, ruling or order of the Court or other authority regulations giving rise to the issuance of this decision, ruling or order.
 
Article 3391. Courts reviewing the newly reveled circumstances decisions, determinations and orders entered into legal force of the decision shall be reviewed newly reveled circumstances the Court made this decision. Review on new circumstances, definitions and regulations of Cassation or supervisory instance, which changed the decision of the Court of first instance or decreed a new decision is made by a court decision that changed or made a new decision.
(Introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 340. Commencement

 
Production of a review of a decision, determination or order on new circumstances are brought before the Court, appointed the decision, determination or order upon application by persons involved in the case, or on the recommendation of the Procurator.
 Persons participating in the case, an appeal may be lodged within three months from the date of establishing the circumstances giving rise to the revision.


 



Article 341. The term for filing an application

 
The deadline for submitting the application is calculated: 1) in the cases provided by article 339, paragraph 1 of the present Code, since the circumstances essential to the case;
2) in the cases provided for in paragraphs 2 and 3 of article 339 of the present Code, from the date of entry into force of a verdict in a criminal case;
3) in the cases provided by paragraph 4 of article 339 of the present Code, from the date of entry into force of the judgement, decision, ruling, order of a court or a government body rulings opposing the content sentence, decision, determination or order, on which was based the revised decision, determination or order.
 


Article 342. Consideration of the application

 
Application for review of the decision, ruling or order on new circumstances the Court considers in court. The applicant and the persons involved in the case are informed about the time and place of the meeting, but their absence does not constitute an obstacle to the consideration of the application.
 


Article 343. Court for review

 
The Court, having considered the application for review of the decision, ruling or order on new circumstances, or satisfies the statement and cancels the decision, determination or order, or refuse to review.
Decision of the Court on an application for review of the decision, determination or order on new circumstances, appeal and cassation protest.

After the decision, ruling or order is according to the rules established by the present code.
 
Section VI JUDGMENTS Chapter 38 GENERAL PROVISIONS Article 344. Decisions of the courts and other bodies to be enforceable according to the rules set forth in this section of the code, shall be executed: 1) decisions, determinations and decisions of the courts in civil cases, as well as rulings on alimony exaction Kazi;
2) sentences, definitions and rulings in criminal cases in parts of asset recovery;
3) of the order of a judge or a court in the part of the property of penalties in cases of administrative offences;
4) settlement agreements approved by the Court;
5) executive bodies inscription perpetrators of notarial acts;
6) decision kazyetov on arbitration in cases prescribed by law;
7) not paid on time payment requirements-payer;
8) decisions of arbitral tribunals;
9) commissions for labour disputes;
10 Union committees) of the order of the enterprises, institutions and organizations on labour disputes and disputes regarding compensation for harm caused personal injury or other impairment of health, as well as the death of the breadwinner;
11) Commission Regulation on juvenile money liens;
12) orders of administrative bodies or officials, which the law granted the right to recover from the citizens in an uncontested procedure;
Item 13 considered as null and void because the Turkmenistan law dated 26.01.2007 No. 77-w.
14) decision of the archins on recovery from enterprises, institutions, organizations and their associations, public organizations of damages for destruction of crops and damaged plantations;
15) decisions of foreign courts in cases prescribed by law;
16) orders the Prosecutor to evict administratively citizens samoupravno occupied housing or living in homes, threatening to collapse.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from February 18, 1975, June 15, 1981, August 25, 1983, April 8, 1985, December 10, 1985, December 28, 1987 and laws of Turkmenistan of May 13, 1994 and January 26, 2007. -Statements of the Supreme Council of TAJIKISTAN SSR, 1975 g, no. 4, art. 11; 1981, no. 17, art. 64; 1983, no. 24, art. 64;  1985, no. 10, art. 71; 1985, no. 34, art. 172; 1987, no. 36, art. 177; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007 г., no. 1, art. 4) article 345. Executive documents

 
Executive documents are: 1) writs issued on the basis of decisions, sentences, definitions and rulings of courts (judges), settlement agreements, approved by the Court, arbitration decisions, decisions of foreign courts;
2) executive bodies inscription perpetrators of notarial acts;
3) orders Arachchi kazyeta Turkmenistan;
4) unpaid in term of payment claims, bills accepted by the payer;
5) certificates, issued by Union labour dispute committees in enterprises, institutions and organizations on the basis of decisions of labour dispute commissions or orders Union committees of enterprises, institutions, organizations, and the identity of the trade-union committees in enterprises, institutions and organizations on disputes on compensation for harm caused personal injury or other impairment of health, as well as the death of the breadwinner;
6) orders issued commissions on juvenile money liens;
7) of the regulation, issued by the administrative authorities on the production of penalty from citizens in an uncontested procedure;
8) of the decision on the recovery of the archins with enterprises, institutions, organizations and associations, public organizations of damages for destruction of crops and damaged plantations;
9) decision of the Prosecutor to evict administratively citizens samoupravno occupied housing or living in homes, threatening to collapse.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from February 18, 1975, June 15, 1981, August 25, 1983, April 8, 1985, December 10, 1985, December 28, 1987, July 27, 1988  and the laws of Turkmenistan of May 13, 1994 and January 26, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1975 g, no. 4, art. 11; 1981, no. 17, art. 64; 1983, no. 24, art. 64;  1985, no. 10, art. 71; 1985, no. 34, art. 172; 1987, no. 36, art. 177; 1988, 14, art. 79; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007 г., no. 1, art. 4) article 346. Issuance of writ of execution

 
Writ of execution issued by a court after the entry into force of the decision to the recoverer into legal force, except in cases of immediate execution when the writ of execution is issued immediately upon the decision.
Writ shall be issued to the recoverer or at his request is sent for execution directly by the Court.
In cases of confiscation of property foreclosure cash income States, damages caused to property crime State, non-State enterprises, establishments, organizations and public associations, maintenance, recovery of damages caused by injury or other impairment of health, as well as the death of a breadwinner, recovery of sums from officials responsible for unlawful dismissal or reassignment of the employee or in breach of a court decision or reinstatement in post the Court on its own motion directs a writ for performance as notify accordingly fiscal authority or plaintiff.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981  and the law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, art. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6)
 

Article 347. Issuing one more executive decision sheets for each decision is issued one writ. However, if execution shall be carried out in different places, or if the decision rendered in favor of several plaintiffs or against several defendants, the Court may, at the request of the plaintiff to issue several writs with a precise indication of the place of performance or of that part of the decision, that on this sheet is subject to execution.
On the basis of a sentence or decision on the recovery of funds from the defendants ' solidarity at the request of the plaintiff may be issued multiple writs on solidarity among the defendants. Each Executive sheet must be indicated the total amount of penalties and lists all the defendants with reference to them jointly and severally liable.
 


Article 348. Contents of writ of execution

 
The Executive sheet must contain: 1 the Court issued) the name of the writ;
2) case in which the writ is issued;
3) time of the judgment;
4) the Resolutive part of the solution (literally);
5) time entry into force;
6) issuance of writ;
7) name plaintiff and the debtor and their addresses.
The content of other Executive documents is determined by the relevant legislation.
 


Article 349. Issuing a duplicate of writ of execution

 
In case of loss of the writ the Court that rendered the decision, may issue a duplicate. Duplicate statement being considered in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle to the resolution of the issue of a duplicate copy. On the determination of the Court on the issue of duplicate copy may be submitted by a private complaint or brought a private protest.
 


Article 350. Liability for loss of Executive documents

 
The officer found guilty in loss allocated to it by the writ of execution or other enforcement document, presenting the bailiff has the right to impose a sanction under article 1772 Code on administrative offences, if the officer does not entail criminal responsibility.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and laws of Turkmenistan of May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, art. 4, no. 2, art. 47) Article 351. The deadline for the presentation of Executive documents to the execution of the Court's decision in the case, in which at least one party is a citizen, may be presented to the enforcement within three years from the date of its entry into force, and in all other cases, within one year, if the law does not set other terms.
The timing of the presentation to the performance of other orders and decisions referred to in article 344 of the present Code shall be determined by the relevant legislation.
Executive documents to collect recurring payments may be made to the performance during the entire period in which awarded these payments. During the time prior to the presentation of Executive documents, periodic payments are recovered within the time limits laid down in this article.
 
Article 352. Break the Statute of limitations for bringing an enforcement document limitation period is interrupted by the presentation of the Executive instrument for execution if the legislation provides otherwise.
If one or both of the parties to the case are citizens, the limitation period is interrupted by a partial execution of a judgment debtor.
After a break for the Statute of limitations begins again, with elapsed before that time is not counted in the new term. In case of return Executive document wholly or partially was collecting, calculating the new deadline for the submission of the document to the execution starts from the date of his return to the recoverer.
 
Article 353.  Restore the missed deadline for the submission of Executive documents for execution Vzyskatelâm, who had conceded the deadline for the presentation of a writ of execution or writ to execution for reasons recognized as valid by a court, a missed period can be restored, unless otherwise provided by law.
A statement on the reinstatement of a missed period is filed with the Court that rendered the decision, or in the Court of the place of performance. The statement is seen in court. Persons participating in case shall be informed about the time and place of the meeting. However, their absence does not constitute an obstacle to the settlement of the question of renewal of a missed period. On the determination of the Court on the issue of restoration of the term may be filed a private complaint or brought a private protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 18, 1975-Statements of the Supreme Council of TAJIKISTAN SSR, 1975, no. 4, art. 11) article 354. Bailiffs and court decisions under article 344 of the present Code, the decisions of other bodies is performed by bailiffs etrap, municipal kazyetov and decision kazyetov velayat, city of Ashgabat, Turkmenistan and statutorily Supreme Arbitration kazyeta Turkmenistan respectively performed by bailiffs specified kazyetov.
(As amended by the Act of June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 2, art. 47) Article 355. Control over execution of decisions

 

Monitoring the correct and timely execution of the court decisions is carried out by the judge.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) article 356. The withdrawal of the bailiff bailiff may not participate in the execution of judicial decisions in the presence of grounds referred to in paragraphs 2 and 4 of article 18 of this code.
Solve order determines the drainage claimed articles 22 and 23 of the present code. To define kazyeta refusal to challenge the bailiff may be filed a private complaint or brought a private protest. However, filing a complaint or protest shall not suspend production executive action.
(As amended by the Act of June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 2, art. 47) Article 357. General conditions of bailiff

 
Execution of decisions of the court bailiff kazyeta also produces, as well as decisions of the Ashgabat city velaâtskogo kazyetov, Turkmenistan and the Supreme Arbitration kazyeta kazyeta Turkmenistan executed respectively bailiffs referred to kazyetov or through the bailiffs etrap, municipal kazyetov in the area of activity of which is the property of the debtor or the debtor resides or works.
If the debtor is a legal person, the execution is performed at the location of his body or property. Where necessary, the bailiff continues execution outside the accepted them, but within the same city or etrap.
If the debtor was eliminated on the territory of another jurisdiction kazyeta and its address known to the bailiff, the latter directs the Executive document in kazyet on the new residence of the debtor, which shall notify the plaintiff.
Lawman commences execution of the decision on the application of the persons listed in article 4 of this code. In the cases provided for in article 346 of the present Code, the bailiff starts to perform at the suggestion of Kazi.
In response to the decisions of the holidays is permitted only if the matter is urgent, and with Kazi kazyeta also, where is the bailiff.
At night, i.e. from 22 to 6:00 local time, execution of judgments are not allowed.
The plaintiff and the debtor shall have the right to be present when making judicial executor action execution and getting in the kazyeta necessary inquiries related to the execution of the decision.
(In the redaction of Laws of Turkmenistan dated May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, p. 4;  No. 2, art. 47) article 358. Public participation in enforcement of judgements and representatives of the public organizations and collectives could be allowed to participate in the execution of judicial decisions, if it is called by the public or the public interest and can contribute to a more rapid and correct execution of the judgement.
To participate in the execution of judicial decisions by members of the public are allowed if they have proper credentials.
Members of the public have the right to get acquainted with the materials of the Executive production and be present during the production of executive action of the executor.
 


Article 359. Debtor tracing

 
In cases of alimony, for damages caused by injury or other impairment of health, as well as the death of a breadwinner, when the seat of the debtor is unknown, the judge shall determine the debtor tracing through the police.
When enforcement of liens with the citizens in favor of enterprises, institutions, organizations and associations, public organizations, when the seat of the debtor is unknown, the Court may make a determination on the debtor through the police.
In cases of alimony in the case of benefits for minor children during the detection of their parents, the judge on the basis of representations by the bailiff on the left of alimony debt shall determine extradition writ to recover amounts paid from the debtor benefits established by law to charge 10% of these amounts.
According to a statement from the Department of Interior judge shall issue a ruling on extradition writ to recover its costs from the debtor tracing.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and laws of Turkmenistan of May 13, 1994, January 26, 2007, 2011 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 13; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, art. 4; No. 2, art. 47) article 360. Be bound by requirements of the bailiff

 
Requirements of the bailiff in execution of court decisions are binding on all enterprises, institutions, organizations and associations, public associations, officials and citizens throughout the territory of Turkmenistan.
In the case of resistance in the execution of bailiff bailiff solution in the presence of witnesses is about this Act and the removal of obstacles, seek the cooperation of the authorities. The Act, signed by the executor and understood, appear to Kazi for a solution to the question of bringing to justice those resisted bailiff.

(In the redaction of Laws of Turkmenistan dated May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, art. 4; No. 2, art. 47) article 361.  Clarification of decision subject to execution

 
In case of uncertainty decision subject to execution, the bailiff may request the kazyet allowed to deal, for clarification of the decision. Clarification of decision is made according to the rules established by article 207 of the criminal code.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) article 362. Deferral or installment of execution of the decision, changing the way and order of execution When there are circumstances that make difficult or impossible the execution of the decision, the bailiff is entitled to put before the kazyetom, where it is a question of deferral or payment in instalments, as well as about a change in the way and order of execution of the decision. Such statements by the bailiff shall be dealt with in the manner provided for in article 208 of this code.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) article 363. The proposal for voluntary compliance solutions

 
Bailiff, upon assuming the decision to send the debtor a proposal for voluntary compliance of the decision within five days.
The proposal is delivered and is awarded to the debtor by the rules established by Chapter 8 of this code. Where necessary, simultaneously with the handing of the proposals the bailiff may seize the property of the debtor.
 


Article 364. Enforcement of decisions

 
Enforcement decisions are made on the expiry of the deadline for voluntary execution, provided the debtor in accordance with article 363 of this code.
 


Article 365. Compulsory execution measures

 
Enforcement measures are: 1) foreclosure on property of the debtor by seizure and sale of property;
2) foreclosure on wages, pensions, stipends and other types of income of the debtor;
3) attachment on monetary amounts and the debtor's property held by others;
4) exemption from the debtor and transfer to the recoverer of certain items specified in the Court decision;
5) other measures specified in the decision in accordance with the law.
 


Article 366. Examination of debtor's premises

 
When carrying out executive action, a court bailiff is entitled to, if this is necessary for the production of, inspect the premises of the debtor and its repositories.
An autopsy and storage premises is carried out in the presence of witnesses.
 


Article 367. Postponement of execution

 
The bailiff may defer making executive action only upon application by the plaintiff or on the basis of a determination by a judge.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) Article 368. Duty to suspend execution proceedings Kazi Kazi shall suspend enforcement proceedings in cases of: 1) the death of the debtor, unless the Court permits the legal relationship established succession;
2) debtor capacity;
3) stay the debtor in operating part of the armed forces of Turkmenistan or requests plaintiff located in the existing parts of the armed forces of Turkmenistan;
4) bringing an action for release of property from seizure;
5) debtor to challenge the Executive order the document challenging the law in court;
6) filing complaints against the administrative authorities;
7) ordered by the officials to whom the legislation granted the right to suspend execution of the decision.
(In the redaction of Laws of Turkmenistan dated May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, no. 2, art. 4, art. 47) article 369. The right to suspend the execution proceedings Kazi Kazi may suspend the enforcement proceedings in cases of: 1) the termination of the legal person who is the debtor;
2) debtor's request, present in the armed forces of Turkmenistan on active military service or engaged to perform any of the public duties;
3) locate the debtor in a long business trip;
4) the debtor in a health institution or his serious illness who do not have chronic nature, confirmed document medical institution;
5) complaint on the bailiff;
6) tracing a debtor in cases stipulated by Article 359 of the criminal code.
(In the redaction of Laws of Turkmenistan dated May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, no. 2, art. 4, art. 47) article 370. The timing of the suspension the Executive production

 
Enforcement proceedings shall be suspended: 1) in the cases provided for in clauses 1 and 2 of article 368 and 369 articles, paragraph 1 of the present Code, to determine the successor to the debtor or the debtor who representative assignment;

2) in the cases provided by paragraph 3 of article 368, paragraphs 2, 3, 4 and 6 of article 369 of the present Code, prior to the termination of plaintiff or debtor's stay in the armed forces of Turkmenistan, until the debtor State responsibilities, to return from a business trip, until he recovers before tracing a debtor or debtor;
3) in the cases provided for in clauses 4, 5 and 6 of article 368 of the present Code, paragraph 5 of article 369 of this code, until the entry into force of a court decision or ruling to deny the claim or complaint;
4) in the case provided for in paragraph 7 of article 368 of this code, until the proceedings by way of supervision or to the appropriate official orders the lifting of the suspension.
Executive production resumes on the application of the plaintiff or on the initiative of Kazi after elimination of the circumstances giving rise to its suspension.
(In the redaction of Laws of Turkmenistan dated May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, no. 2, art. 4, art. 47) article 371. Termination of enforcement proceedings

 
Executive production stops: 1) if the plaintiff had waived penalties;
2) if the plaintiff and the debtor entered into a settlement agreement;
3) If after the death of a citizen, a debt-collector or debtor, confirmed by decision of the claims or responsibilities cannot go to the heirs of a deceased person;
4) If this kind of penalty expired, the statutory Statute of limitations;
5) if overturned the decision, determination or order, on the basis of which the Executive issued the document.
In denying plaintiff from recovery and when concluding among debt-collector and debtor settlement agreement accordingly apply the rules contained in article 167 of this code.
In the event of termination of the Executive proceedings all the executor implementation. Quit Executive proceedings cannot be commenced again.
 
Article 372. The return of Executive documents recoverer Executive document, on which no recovery or was incompletely recoverer is returned: 1) on the application of the plaintiff;
2) if the debtor lacks property or income that can be levied;
3) if the plaintiff refused to leave for a debtor's property not sold at the execution of the decision (articles 389 and 395 of the present Code), or get the debtor has seized certain items specified in the decision of the Court;
4) if the debt-collector at the debtor does not live or is not working or is not his property, except as provided in Article 359 of the criminal code.
In the cases specified in paragraphs 2, 3 and 4 of this article, the bailiff is the Act and not later than within three days is its coat, which checks whether a judicial executor all necessary measures to identify and foreclosing on property of the debtor, including property located near other persons and due to the debtor from other persons.
Recognizing that the Act is drafted properly, Kazi its decision approves it.
Return to the recoverer Executive document did not constitute an obstacle for the new presentation of the document to be executed within the statutory limit.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991, and the laws of Turkmenistan dated January 26, 2007 and June 12, 2007. -Statements of the Supreme Council of TAJIKISTAN SSR, 1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) article 373. Consideration of issues on the suspension or termination of enforcement proceedings and return to the recoverer Executive document questions about suspension of Executive proceedings, termination of the enforcement proceedings, the return of the Executive considered the fact Kazi recoverer document kazyeta, where is the bailiff. About this informed the persons participating in the case, but their absence does not constitute an obstacle for resolving these issues.
The definition of Kazi to suspend enforcement proceedings, termination of Executive production, return to the recoverer Executive document may be filed by a private complaint or bought a private protest.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991, and the laws of Turkmenistan dated January 26, 2007 and June 12, 2007. -Statements of the Supreme Council of TAJIKISTAN SSR, 1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) article 374. The costs of execution

 
Required when enforcement costs for storage and transportation of property of the debtor, for publication on the sale of property from bidding for travel of experts to the bailiff to the place of execution are produced according to estimates, in which is statutorily Lawman. When performing actions for the enforcement of decisions, judgements in the part of the property penalties, definitions and regulations on Civil and criminal cases, administrative proceedings and executive bodies inscription of notary bailiff at the expense of the debtor is paid at the rate of 5 per cent of amounts collected by it in the State budget, as well as in favor of enterprises, institutions, organizations and associations, public organizations and citizens.

These costs are recoverable from the debtor in favour of the State and the bailiff, by definition, Kazi. On this definition can be made private or complaint brought a private protest.
 (In the redaction of Law of TAJIKISTAN SSR from May 25, 1990, and the laws of Turkmenistan dated January 26, 2007 and June 12, 2007-statements of the TAJIKISTAN SSR Supreme Soviet, 1990, no. 10, p. 120; Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) chapter 39 EXECUTION of DECISIONS in respect of CITIZENS Article 375. Foreclosure on the property of the debtor to recover from the citizens is drawn to the personal property of the debtor, as well as its share in the common property in joint ownership of spouses, as well as in the economy of the citizens, the self-employed in agriculture.
Recovery of compensation for damage caused by the offence may be also drawn to the property that is jointly owned by the spouses, household and property of citizens, the self-employed in agriculture, if the verdict in the criminal case established that the property was acquired with funds obtained by criminal means.
Foreclose on the debtor's property is not drawn, if the recovery does not exceed the percentage of monthly wages or other earnings, pensions or scholarships, which may be levied.
Debt collection for the obligations of the citizens ' farms, the self-employed in agriculture, drawn on the property management in accordance with articles 125 and 131 of the Civil Code of the Turkmen Soviet Socialist Republic.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 376. Property that cannot be levied Under execution against the citizens of recovery may not be drawn to the necessary for the debtor and his or her dependants in the food, clothing, household furniture and utensils necessary quantity of livestock and poultry, as well as other assets, according to the list given in Appendix 1 to this code.
 


Article 377. Seizure of property of the debtor

 
The arrest of the debtor's property is in the production of inventories and the announcement of the ban orders them.
 


Article 378. Inventory of the property of the debtor

 
Lawman makes an inventory of the property of the debtor in the amount necessary to repay the amount to the recoverer and costs awards. The bailiff may seal up items subjected to inventory.
Inventory of the debtor's property shall be conducted in the presence of the debtor and the witnesses. In the absence of an inventory of the debtor shall be drawn up in the presence of someone from the adult members of his family, and in the absence of these persons, with the participation of Commissioners housing organisation or the archins.
With the seizure of property, the debtor has the right to declare the bailiff, what items should be brought to foreclose in the first place. The bailiff is obliged to satisfy such a statement if it does not impede the execution of the decision.
(As amended by the Act of 13maâ 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 379. The content of the Act of seizure of property

 
The Act of seizure of property must be specified: 1) time and place of preparation of the report;
2) the surname, forename and patronymic of the bailiff of the Act, as well as persons who were present when drafting the Act;
3) name of the Court and the decision that is to be executed;
4) surname, name and patronymic of the plaintiff and of the debtor;
5) the name of each Act listed object, distinctive signs (weight, length, wear, etc.), score each item separately and cost of all equipment;
6) indication of sealing items if it produced;
7) the surname, forename and patronymic of the person to whom the property is transferred to the storage, and his address if storage property is not on the debtor itself;
8) clarification of debtor and others order and time-limit for appealing against the actions of the bailiff, as well as a clarification of the debtor or the custodian of property of their responsibilities for the safekeeping of and on the responsibility for embezzlement, alienation or concealment of deposited property;
9) comments and statements by the plaintiff, the debtor, persons present when inventories and orders on him bailiff.
The Act of seizure of property shall be signed by the executor, debt-collector, the debtor, the custodian of the property and others attending the.
 


Article 380. Valuation of property of the debtor

 
Evaluation of the debtor's property shall be made by a judicial executor. If the assessment of individual items is difficult or if the debtor or plaintiff opposes produced executor evaluation, Lawman to determine the value of property invites expert.
 


Article 381. Storage property

 
The debtor's property is transferred to the debtor a receipt storage or other persons appointed executor. The custodian may use the property if the property on the properties it does not lead to destruction of property or reduce its value.

If the keeper is not the debtor or his/her family member receives a reward for keeping according to the established tariff. In addition, the custodian shall be reimbursed for actual costs incurred for storage assets, minus actually received benefits from the use of this property.
 


Article 382. Storage of seized from debtor values

 
Seized from debtor currency values, securities, jewelry and other household items made of gold, silver, Platinum and platinum group metals, precious stones and pearls, as well as scrap such products give up executor deposited in the Central Bank of Turkmenistan.
Part two considered as null and void because the Turkmenistan law dated 26.01.2007 No. 77-w.
Found from the debtor, the amount of money needed to repay the amount to the recoverer and award costs of execution, shall be available to the debtor and makes judicial executor to deposit account kazyeta where it is.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and laws of Turkmenistan of May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;   Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007 г., no. 1, art. 4;  No. 2, art. 47) Article 383. Responsibility of the custodian of the property

 
In cases of embezzlement, alienation or concealment of the deposited property guardian, in addition to the liability for damages shall be subject to criminal liability under article 208 of the Criminal Code of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 384. Seizure of residential buildings

 
When foreclosure on residential building shall ascertain the membership structure of the bailiff to the debtor, the actual value of the building and lying on it, and also not burdening setting is on the structure of the arrest.
If conditioning buildings debtor Lawman includes inventory, depending on the size of the penalties, all or part of the structure imposes on him arrest and directs the hâkimu proposal on registration of arrest, as well as inform the notary or arčynu at the location of the buildings.
To seize the mortgaged building bailiff shall immediately inform the mortgagee.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 385. Determination of the share of the debtor in property which he owns together with others, the definition of the share of the debtor in property of the collective-farm yard or citizens of the self-employed in agriculture, in case of insufficiency of the property of the debtor to repay the sum payable shall be effected by the court bailiff on presentation involving the debtor and other interested persons, but their absence does not constitute an obstacle to the consideration of the submission.
On the determination of the Court on the issue of the debtor's share in the estate yard or farm can be filed a private complaint or brought a private protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Turkmenistan law dated January 26, 2007 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64; Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) article 386. Seized property

 
Seized property of the debtor, depending on the reason for the arrest and types of property is made by executor, trade organizations, financial institutions and credit institutions.
 


Article 387. The disposition of the property passed to the State

 
The assets seized on the basis of a court judgment in a criminal case in the part of the confiscation of property or on the basis of the decision on the transfer of property to the State, implemented by the financial authorities in the manner prescribed by law.
 


Article 388. Implementation values

 
Seized from the debtor and warehoused institutions of the Central Bank of Turkmenistan currency values, securities, jewelry and other household items made of gold, silver, Platinum and platinum group metals, precious stones and pearls, as well as scrap, such products shall be paid by the Central Bank of Turkmenistan or by a State enterprise, institution or organization, which transferred these values, set prices.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and laws of Turkmenistan of May 13, 1994 and January 26, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17 calendar 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, art. 4) article 389. Seized property by sale on Commission seized the property of the debtor, except as listed in articles 387, 388 and 390 of this code shall be made by way of sale on a Commission basis through public and cooperative trade organizations at the location of the property. Transportation of property for sale in another city or district shall be allowed only by mutual consent of the plaintiff and the debtor and at their expense.
Seized assets and transfer it for sale is made within the period prescribed by the executor, but not earlier than five days and not later than one month after the seizure. Before that date, the debtor has the right to itself under the supervision of a bailiff to realize assets at a price not lower than specified in the Act on arrest.

Food and other things are perishable and passed for sale immediately.
The amount of the proceeds from the sale of trade organizations passed them the property of the debtor, are statutorily deposit within three days from the date of purchase. Of proceeds amounts of trade organizations hold in their favor fee in the amount established by law.
Property of the debtor not sold within one month from the date of transfer dealer in case of failure of the plaintiff to leave the property for themselves, at the request of the plaintiff, the debtor or the dealer can be overrated. Reassessment is carried out with the participation of the executor of the authorised dealer. About the time and place of the revaluation and the plaintiff informed the debtor, but their absence does not constitute an obstacle to the settlement of the question of reassessing. In this case, the plaintiff and the debtor shall be notified on the revaluation of property.
If the property is not sold within two months after its revaluation, recoverer is granted the right to leave the property in the amount of the revaluation. In case of failure of the plaintiff from the property it is returned to the debtor, and writ of execution, if the defendant is absent other property or income that might be levied, returns to the recoverer.
(In the redaction of Laws of Turkmenistan of May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, art. 4; No. 2, art. 47) Article 390. Houses for sale at public auction

 
Implementation of the debtor owned dwelling, which levied, shall be effected by sale at public auction within the time specified in the second part of article 389 of this code.
 


Article 391. Notification of upcoming bids

 
About upcoming bid Lawman not later than ten days before the bidding alerts by publication in a local newspaper, as well as through ads, signs in place of the sold buildings and etrap, municipal kazyeta and in connection with the execution of their decisions in velaâtskom, Ashgabat city, kazyetah kazyeta Turkmenistan and Supreme Arbitration kazyeta Turkmenistan.
In publications and advertisements should indicate what structure is being sold, to whom it belongs, the assessment of buildings, when and where to be.
About the time and place of sale with bidding mortgaged buildings bailiff shall notify the mortgagee.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) Article 392 excluded-Turkmenistan law dated May 13, 1994-(statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 393. Tendering procedure for persons wishing to participate in the auction are required to subscribe, that there are no obstacles, prescribed by the Civil Code of Turkmenistan, to acquire their buildings and make a bailiff in the amount of ten per cent of the assessment structure. The amount paid by the person who purchased the building from trading credited against the purchase price. Other bidders made their advance refunded immediately after end of auction.
Bidding begins with the specified in the Act on arrest of the appraised value of the sold buildings. The structure is considered to be sold to the person who offered the highest price at the auction.
The buyer must within five days after the deadline to make fully the price at which they bought a building with zero-sum before bidding. For failure to pay the buyer the whole structure crack with it within the prescribed time limit amounts, amounts paid before bidding, he comes back and goes to the State. This amount goes into the revenue of the State and if it is found that the buyer was not entitled to bid.
After payment by the buyer of the structure of the whole crack with it the amount of bailiff shall issue to the buyer a copy of the approved Kazi Act on the bid.
(In the redaction of Laws of Turkmenistan of May 13, 1994, January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, p. 4;  No. 2, art. 47) Article 394. Ad trades failed

 
The bailiff Announces bids failed: 1) if the bid was less than two buyers;
2) if came no one does the allowance against the initial assessment of buildings;
3) if the buyer does not within five days will make fully the price at which they bought.
 


Article 395. Effects of tenders invalid

 
In the case of tenders invalid recoverer is granted the right to leave a building in the amount of the initial assessment.
If such a statement is not received, the bailiff not earlier than ten days after the tender invalid assigns secondary trading. Secondary trading are declared and are in compliance with the rules established for the first bidding, but start with assessment or first proposed amount.
In case of declaring invalid the secondary trades and waiver of exactor reserve sold the building structure with arrest.
 
Article 396. Trades recognition void
 

Bidding may be declared invalid by a court within three years from the date of the trades, if they occurred in violation of the established rules, when the building was sold to a person who is not in possession of the right to participate in trades, as well as in the case of judicial executor, debt-collector or buyer abuse. If the actions of the buyer, allowing the abuse are criminal, trades may be declared invalid by a court within the statutory period of limitation for enforcement of a conviction.
On the Court for recognition of the trades may be made void private complaint or brought a private protest.
 


Article 397. Foreclosure on wages of the debtor

 
Foreclose on the debtor's salary drawn at the execution of the decision on the recovery of periodic payments in cases referred to in part 3 of article 375 of the present Code, as well as in the absence of the debtor's assets or have insufficient assets to full repayment of recoverable amounts.
Foreclose on the debtor's salary is drawn and if the size of the penalties does not exceed the percentage of monthly wages or other earnings, which by law can be levied.
 


Article 398. Information about the earnings of the debtor

 
Enterprises, institutions, organizations and their associations, public organizations and citizens to demand the bailiff and assigned a term to give information about whether they have the debtor at work and what is the size of his earnings in a month. In the same order the bailiff seeks information about the debtor due remuneration for use of copyright, right of discovery, invention, rationalization proposal and on industrial design.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1983, no. 24, p. 64: Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 399. Calculation of the size of the deductions from salary and other types of income of a debtor Size deductions from wages and other equivalent thereto payments and handouts are calculated from the amount accrued to the debtor payment minus taxes, of which the debtor is liable for wages.
 
Article 400. The size of the deductions from salary and other types of income of the debtor of the amount payable to the debtor the wages and equivalent to her payments and handouts can be charged by bailiffs until full repayment of the amounts recovered: 1) in case of alimony exaction, compensation for harm caused personal injury or other impairment of health, as well as the death of a breadwinner, and compensation for damage caused by a crime of State property or non-State enterprises , institutions, organizations and their associations, public organizations or personal property-fifty percent;
2) for all other types of penalties, unless otherwise provided by law, to twenty percent.
When foreclosure on wages for several executive documents for employees anyway must be preserved fifty percent of earnings.
Size limits deductions from wages and equivalent to her payments and handouts, defined in this article shall not apply in case of alimony exaction for minor children.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from April 21, 1987 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1987, no. 12, p. 55; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 401. Foreclosure on the earnings of the debtor, serving corrective work to foreclose on the debtor's earnings serving correctional work without deprivation of liberty pursuant to a court judgement, drawn by the rules contained in articles 399 and 400 of the present Code, without regard to the deductions made by the verdict.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981. -Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, art. 64) article 402. Foreclosure on other wages, income of the debtor Rules foreclosing on wages also apply when seeking foreclosure on outstanding debtor: 1) earnings and dividends from enterprises and organizations of various forms of ownership and organizational-legal forms;
2) royalties for the use of the author's copyright, the right to discovery, invention, for which the certificate was issued, the fee proposal and on industrial design;
3) scholarship students;
4) amount in compensation for damage caused by injury or other impairment of health, as well as the death of the breadwinner.
Foreclosure on pensions shall be paid in accordance with the law on pensions.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from August 25, 1983 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1983, no. 24, p. 64; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 403. Foreclosure on benefits paid by social security and mutual insurances farms
 

On social insurance benefits paid during temporary incapacity to work, and the benefits of mutual aid funds kolkhozes, foreclosure may be imposed only by a court decision or order of a judge on alimony exaction and on the basis of a court decision on compensation for harm caused personal injury or other impairment of health, as well as the death of the breadwinner.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of TAJIKISTAN SSR from May 29, 1991-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 15; 1991, no. 9-10, art. 101) Article 404. Amounts may not be levied not on the Recovery of amounts owed to the debtor as: 1) severance pay and compensation for unused holidays upon termination of the employee. In cases of alimony exaction is allowed for compensation for unused vacation, if the person who pays alimony when dismissing receives compensation for several months of unused vacation time in the case of connection of holidays for several years;
2) compensatory payments in connection with official business, transfer, reception or direction to work in another area, tool wear, a worker-owned and other compensations stipulated by the labour legislation;
3) awards, which are one-time in nature;
4) of State allowances and single mothers;
5) childbirth allowance;
6) benefits paid funeral expenses of social insurance.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 405. The order of execution is levied on wages and other income of the debtor the bailiff sends Executive document on enterprise, institution or organization where the debtor works or receives remuneration, pension, stipend or allowance, with a proposal to make the withholding pursuant to court order or order of a judge and the retention monies forwarded to the recoverer.
Executive documents on recovery with the citizens in favor of enterprises, institutions, organizations and associations, public organizations of sums not exceeding the percentage of monthly wages or other earnings of the debtor, pensions, scholarships or benefits which may be levied, the collectors are routed for execution directly to the enterprise, institution or organization where the debtor works or receives remuneration, pension, stipend or allowance.
Debtor's discharge from employment enterprise, institution or organisation gets Executive document to the sender with a note on hold and made a new work place of the debtor, if known.
In cases of alimony exaction for children by decision of a court or judge the administration of the enterprise, institution or organization producing hold, should inform the executor within three days at the place of execution of the judgment or order and the person who receives the alimony on the care with the person uplačivaûŝego alimony, as well as the new location of its work or residence, if it is known.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from May 20, 1966, July 16, 1968, June 15, 1981, February 19, 1985, April 8, 1985 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1966 г., no. 10, p. 13; 1968, no. 14, item 10; 1981, no. 17, p. 64; 1985 g. No. 5, art. 15; 1985, no. 10, art. 71;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 406. Monitoring the correct and timely recovery of the bailiff carries out systematic monitoring of accuracy and timeliness of deductions from wages and other income of the debtor and the retention monies vzyskatelâm.
The debtor, which exacted alimony is obliged to inform kazyetu about changing their places of work or place of residence. In cases of alimony exaction for children by decision of a court or judge, the debtor is obliged within three days inform the executor on change of the place of work or residence, as well as on additional earnings (part-time work, etc.).
Lawman upon receipt of writ reportedly is under an obligation to make counting the size of alimony debt and is taking steps to its maturity.
In case there is a dispute about the amount of the debt issue is resolved on the application of the person concerned by the Court.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from July 16, 1968, June 15, 1981, February 19, 1985  and the law of TAJIKISTAN SSR from May 29, 1991 and laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1968, # 14, art. 10; 1981, no. 17, art. 64; 1985, no. 5, art. 15; 1991, no. 9-10, art. 101 Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) Article 407. Attachment on monetary amounts and the debtor's property held by others when seeking foreclosure on sums and the debtor's property held by others, those individuals sends a bailiff asked whether they had any property of the debtor, and whether they have an obligation to pay any amounts the debtor, on what basis and at any time.

At the same time these persons are advised that from the moment a request is the bailiff on the property and the amount of money the debtor seizure amounting to foreclosure and that all outstanding payments to the debtor until full repayment of the amount to be administered, they are required to make to the recoverer or escrow account kazyeta.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 4;  No. 2, art. 47) article 408. Seizure of property in the possession of other individuals

 
Upon receiving information about the presence of the debtor's property from others Lawman makes an inventory of the debtor's property and is the Act of seizure of the property.
If the finding of the debtor's property from others due to the contract concluded between them, question about saving for other persons arising out of treaty rights and the seizure of property shall be resolved in the manner provided for in article 435 of the present code.
 


Article 409. Foreclosure on deposits of citizens

 
Foreclose on the deposits of citizens in Turkmenistan's banking institutions can be drawn on the basis of a sentence or decision of a court, which satisfied a civil claim arising from the criminal case, the Court's judgment or decision of a judge on alimony exaction (in the absence of earnings or other property that can be to foreclose), or section of a court decision on a contribution, which is the joint property of the spouses.
Confiscation of the contribution of citizens in Turkmenistan's banking institutions can be made on the basis of an enforceable judgement or rendered in accordance with the law on the confiscation of property.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and the law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 15; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 410. Consequences of non-compliance by the bailiff in case of failure to comply with the requirements specified in articles 398, 405, 406 and 407 of the present Code, for reasons recognized by a court to be unreasonable, responsible officials of relevant enterprises, institutions and organizations or citizens bear responsibility under article 1772 Code on administrative offences.
The plaintiff is also entitled to submit to the respective enterprise, institution or organization action for the recovery of the amount to be recoverable from the debtor the amount not withheld due to the fault of the enterprise, institution or organization.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from July 16, 1968, February 19, 1985  and the law of TAJIKISTAN SSR from May 29, 1991-Statements of the Supreme Council of TAJIKISTAN SSR, 1968, # 14, art. 10; 1985, no. 5, art. 13; 1991, no. 9-10, art. 101) article 411. Transfer to the recoverer of the items described in the Court's decision in awarding the recoverer certain items described in the decision of the court bailiff produces exempting these items from the debtor and passes them to the recoverer.
 
Article 412. Consequences of failure to comply with decisions requiring the debtor to perform certain actions when a default decision requiring the debtor to commit certain acts which do not involve a transfer of property or sums of money, the bailiff is an act of default solution.
If the Court decision specified under article 203 of the present Code, the consequences of the decision drawn up by the Act shall be sent to the executor judge at the place of execution, which shall determine the application specified in the decision the consequences with regard to the existence of certain actions by the debtor.
If not specified the consequences of his default, compiled by the Act shall be sent to the Court at the place of execution, which resolves the issue of execution of a decision on the rules contained in article 208 of this code.
When the default period of time set by the Tribunal decision requiring the debtor to commit acts that could be committed only by himself, drawn up by the Act shall be sent to the executor in the Court of the place of performance. The question of default decisions are allowed in court. About the time and place of the meeting informed the plaintiff and the debtor, but their absence does not constitute an obstacle to the consideration of non-decision. The Court found that the decision by the debtor is not executed, can be prosecuted under article 1776 of administrative offences Code and assigns a new term for the execution of the decision. A fine is levied from the debtor in the State.
When you restart and subsequent violations of the debtor delivered deadlines for execution the Court again applied the measures referred to in paragraph 4 of this article. Payment of fines does not release the debtor from the obligation to perform prescribed by the decision of the court action.
The definitions on issues specified in the present article, may be filed by a private complaint or brought a private protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985  and the law of TAJIKISTAN SSR from May 29, 1991 and laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, art. 13; 1991, no. 9-10, art. 101; Statements of the Mejlis of Turkmenistan; 2007 г., no. 1, art. 4; No. 2, art. 47) article 413. Consequences of failure to comply with reinstatement at work
 

In case of failure by the administration of the enterprise, institution or organization of the Court's decision to reinstate illegally dismissed or transferred employee the Court in the manner provided for in article 208 of this code, shall determine the payment of employee average earnings or the difference in earnings for all time from the date of the judgment on the day of his execution.
Damage caused by the payment of sums due to the worker the decision of the Court, may be liable to pay to the officer responsible for non-execution of a court decision on reinstatement of the suit of the enterprise, institution or organization, or the upstream in the chain of command authority as well as on the initiative of the Court or on the application of the Prosecutor. The size of the awards in these cases with officials of amounts determined by labour legislation.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) chapter 40 EXECUTION of DECISIONS in relation to PUBLIC ENTERPRISES, institutions, organizations, collective and OTHER COOPERATIVE ORGANIZATIONS, THEIR ASSOCIATIONS, other public ORGANIZATIONS Article 414. The application of the General rules of the execution of decisions in relation to enterprises, institutions, organizations and associations, public associations is made according to the rules of this code with the exceptions and additions that appear in this chapter of the code.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 415. Foreclosure Recovery funds for Executive documents from enterprises, institutions, organizations and their associations, non-governmental organizations appealed primarily to funds of the debtor that are credit institutions, the rules established by the legislation of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 416. The order of execution is levied on the funds of the enterprise, institution or organization and their associations, non-governmental organizations having accounts with credit institutions, with foreclosure on credit institutions money debtors represent executive document directly to the appropriate institution for compulsory withdrawal according to the rules established by the legislation of Turkmenistan.
The conditions and procedure for leave funds to cover debt agencies and other government organizations in the State budget, if that debt may not be covered by their estimates are established by the legislation of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 417. Foreclosure on the property of enterprises, institutions, organizations and associations, public organizations if they have no enterprises, institutions, organizations and associations, public organizations of funds sufficient to pay off the debt, foreclosure may be imposed on property belonging to the debtor property, except property which under the law of Turkmenistan may not be levied.
The order of foreclosure claims of credit institutions on the return of loans issued by them shall be determined by the legislation of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) sections 418 and 419 excluded by law of Turkmenistan on May 13, 1994-(statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) 420. Disposition of disposition of the property of enterprises, institutions, organizations and their associations, public organizations is made in the manner prescribed by the legislation of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 421. The order of penalty in case of liquidation of the enterprise, institution or organization and their associations, public organizations on liquidation of the enterprise, institution or organization and their associations, public organization debt collection is made in the manner prescribed by the legislation of Turkmenistan.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) 41 DISTRIBUTION of RECOVERED AMOUNTS BETWEEN the COLLECTORS Article 422. Issuance of amounts recovered vzyskatelâm from the amount collected from the debtor, the executor first covers, the remaining amount goes to meet the requirements of vzyskatelej. The amount remaining on meeting all requirements will be returned to the debtor.
The amounts collected from the debtor and transferable vzyskatelâm, executor shall be credited to the deposit account kazyeta and then issued or listed in the prescribed manner.
The amounts to be credited to the revenue of the State, shall be made directly to the executor in the relevant agencies of the Central Bank of Turkmenistan.
The amounts deducted in favour of persons residing abroad, listed in the prescribed manner to the recoverer.
(In the redaction of Laws of Turkmenistan dated January 26, 2007 May 13, 1994 and June 12, 2007-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6; 2007, no. 1, p. 4: No. 2, art. 47) article 423. Adherence to recovery

 
When producing penalties persons with Executive documents in other cases, may join the action.
 



Article 424.  The sequence satisfy the requirements of the vzyskatelej

 
In the absence of the debtor of the amount collected to meet all the requirements for Executive documents, this amount shall be distributed among the collectors in the order of priority established by articles 425-432 of the present code.
Requirements of each priority shall be satisfied after the full repayment of the previous turn. In case of insufficiency of the recovered amounts to meet all the requirements of a single queue, these requirements are satisfied proportionally to the recoverer to the amount due to each.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from November 26, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 33, p. 133) article 425. The first stage of recovery

 
First of all, claims for the recovery of alimony; requirements of workers and employees, arising out of the employment relationship; members of the collective requirements related to their work in a collective farm; claims lawyers provided legal assistance; requirements concerning payment of remuneration due to the authors for the use of works for the discovery, invention, for which the certificate was issued, the rationalization proposal and the industrial design to which the certificate is issued; requirements on reparation for injury or other impairment of health, as well as in connection with the death of the breadwinner.
After complete satisfaction of these requirements are met the requirements for social security and the demands of citizens for damages to their property a crime or an administrative offence.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from November 26, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 33, p. 133) Article 426. The second stage of recovery

 
Secondarily, claims of tax and non-tax payments to the budget; Government insurance requirements for compulsory insurance; claims for damages caused by a crime or an administrative offence, enterprises, institutions, organizations and their associations, non-governmental organizations.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from November 26, 1981 and Act from May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 33, p. 133; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 427. Recovery of the third stage in the third priority, secured by met requirements for recovery of the value of the pledged property.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from November 26, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 33, p. 133) Article 428. Foreclosure release 4

 
In the fourth priority catered not secured by collateral requirements of enterprises, institutions, organizations and their associations, non-governmental organizations.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 429. Foreclosure release 5

 
In the fifth priority all other requirements are met.
 


Article 430. Levy of execution on the pledged property

 
On the mortgaged property may be levied in the absence of other property of the debtor to meet all charges against requirements that are not secured by collateral.
The mortgagee, left behind a mortgaged property, is obliged to satisfy the requirements, enjoying an advantage over his demand, but in an amount not exceeding the value of this property.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from November 26, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 33, p. 133) article 431. Special rules for foreclosure

 
The legislation of Turkmenistan may establish rules of priority on recovery needs relating to the activities of the organizations of rail, sea, River, air operations, communications and lending institutions. The legislation of Turkmenistan may in some cases be established rules of priority meet the other requirements.
The sequence satisfy the requirements regarding recovery from accounts offered by credit institutions to enterprises, institutions, organizations and their associations, public organizations, establishes the laws of Turkmenistan.
(As amended by the Decrees of Presidium of the Supreme Council of the Turkmen Soviet Socialist Republic from November 26, 1981, December 28, 1987 and Law of Turkmenistan on May 13, 1994  -statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 33, art. 133; 1987, no. 36, art. 177; Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 432. The sequence of execution in part of the confiscation of the property of the disposition of the property of the debtor in execution of the sentence of a court in the part of the confiscation of property after satisfaction of all claims brought against the debtor arose prior to imposition of pre-trial investigation or court authorities arrest of property of the convicted person.
Requirements for maintenance and for damages caused by injury or other impairment of health, as well as the death of a breadwinner are and if they emerged after the seizure of property of the convicted person.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981-statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64) article 433. Calculation by the executor

 

If you have multiple vzyskatelej and recovered from the debtor the amount insufficient for full repayment of all requirements of the bailiff is the calculation of the distribution of money between the collectors and presents it for approval by the Kazi.
The definition of Kazi approving or modifying calculation of the bailiff may be filed a private complaint or bought a private protest.
(In the redaction of Law of TAJIKISTAN SSR from May 29, 1991, and laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Majlis, the TAJIKISTAN SSR 1991, no. 9-10, p. 101; Statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 4;  No. 2, art. 47) chapter 42 the PROTECTION of the RIGHTS of the PLAINTIFF, the debtor and other PERSONS in the EXECUTION of the DECISION of the COURT Article 434. Appeal and protest the actions of the bailiff On bailiff execution or refusal of such action or debt-collector debtor can be lodged and Procurator brought protest. Complaints or protests in kazyet, which is the bailiff within ten days from the date of the contested actions of judicial executor, or from the date on which these persons are not izveŝennym about the time and place of the Act, it became known about him.
Complaints or protests at the bailiff shall be dealt with in court. The plaintiff, the debtor and the Prosecutor, brought protests, are informed about the time and place of the meeting, but their absence does not constitute an obstacle for resolving the complaint.
On the determination of the Court on the issue of the actions of the bailiff may be filed a private complaint or brought a private protest.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985 and laws of Turkmenistan dated January 26, 2007 and June 12, 2007-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 14; Statements of the Mejlis of Turkmenistan, 2007, no. 1, art. 4; No. 2, art. 47) Article 435. Protection of rights of other persons in the execution of decision

 
In the case of judicial executor when producing seizure violations of the law, which is the reason for the lifting of the arrest, regardless of the assets of the debtor or the debtor's statement of other persons, and these persons for rescission of arrest shall be considered by the Court in accordance with Article 434 of the code. Such declarations may be made before implementation of seized assets.
Declared others civil dispute associated with the property levied before the Court on rules of production of claim (claims for release of property from seizure).
Claims for release of property from seizure can be both owners and owners of property that is not owned by the debtor.
Claims for release of property from seizure apply to debtor and recoverer. If the seizure is made in connection with confiscation of property, as defendants convicted were involved and the appropriate financial authority.
If the seized assets have already been implemented, the action is brought against those persons who transferred property. In the case of a claim for refund of property in kind implemented dispute between a purchaser of property, debt-collector and debtor shall be considered by the Court in the order.
The judge, regardless of the statements of the persons concerned, the circumstances referred to in paragraph 1 of this article, is obliged to cancel the seizure.
 


Article 436. Twist the decision

 
In case of cancellation decisions, unexecuted, and making the new consideration of the case of the decision rejecting the claim in whole or in part, or to determine the termination of the proceedings or abandonment of the claim without hearing the defendant must be returned to all that were with him were in favour of the plaintiff on the canceled address (turn the enforcement of the decision).
In case of impossibility of restitution in kind in a decision determining the court order should be provided for the reimbursement of the cost of the assets in the money.
 
Article 437. Resolution of the issue of turning the execution of the decision of the Court of first instance, the Court in which the case is assigned to a new consideration, is obliged, on its own initiative, to consider turning the execution and resolve it in a new decision or determination that ends proceedings.
If the Court, once again, the trial, refused to allow the issue of turning execution canceled decisions, the respondent shall have the right within the limitation period without payment of the State fee, submit to the Court a statement of turning performance. This statement is seen in court. Persons participating in case shall be informed about the time and place of the meeting, but their absence does not constitute an obstacle for resolving the question put to the Court.
On the determination of the Court on the issue of turning execution can be filed a private complaint or brought a private protest.
 
Article 438. The resolution of the question of turning execution Court of Cassation or supervisory instance Court, hearing the case on the complaint or appeal or a protest by way of supervision, if it is your determination or order finally settle the dispute or proceedings, or leaves the claim without examination, must resolve the issue of turning the execution of the decision or refer it to the Court of first instance.

If the determination or judgment of the superior court, there is no guidance on the subject of turning performance, the defendant has the right to submit an application to the Court of first instance, which considers and resolves this statement according to the rules contained in article 437 of the present code.
In case of cancellation of supervisory judgments involving the recovery of sums for claims arising from the employment relationship, on the recovery of revenue for work in a collective farm, about collecting remuneration for use of copyright, right of discovery, invention, for which the certificate was issued and the fee proposal, decisions or rulings on alimony exaction, decisions about recovery of damages caused by injury or other impairment of health as well as the death of a breadwinner, rotate the execution is allowed if canceled a decision or order was based on plaintiff false information or forged documents presented to them.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from February 19, 1985-Statements of the Supreme Council of TAJIKISTAN SSR, 1985, no. 5, p. 15) Title VII of the CIVIL PROCEDURAL LAW, foreign citizens and stateless persons. CLAIMS To Foreign States, LETTERS ROGATORY And FOREIGN COURT DECISIONS. TREATIES Article 439. The civil procedural rights of foreign nationals, foreign enterprises and organizations, foreign citizens have the right to apply to the courts of Turkmenistan and enjoy civil procedural rights on an equal footing with citizens.
Foreign enterprises and organizations have the right to apply to the courts of Turkmenistan and enjoy civil procedural rights to protect their interests.
The legislation of Turkmenistan can be mounted retaliatory restrictions on citizens, enterprises and organizations in those States in which allowed special restrictions of civil procedural rights of citizens, businesses, or organizations.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 440. The civil procedural rights of stateless persons

 
Stateless persons have the right to apply to the courts of Turkmenistan and enjoy civil procedural rights on an equal footing with citizens.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from September 20, 1977 and Law of Turkmenistan on May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1977, no. 18, p. 105;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 4401) article 6. Jurisdiction of the courts of Turkmenistan civil cases on disputes involving foreign citizens, persons without citizenship, foreign enterprises and organizations, as well as on disputes in which at least one party resides abroad, jurisdiction of the courts of Turkmenistan civil cases on disputes involving foreign citizens, persons without citizenship, foreign enterprises and organizations, as well as on disputes in which at least one party resides abroad is determined by the legislation of Turkmenistan, and in cases not covered by the legislation of Turkmenistan, in accordance with the rules of jurisdiction laid down in this code.
(Introduced by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from September 20, 1977 and as amended by the Act of May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1977, no. 18, p. 105;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 441. Claims to foreign States. Diplomatic immunity claim to a foreign State, the enforcement of a claim and foreclosure on the property of a foreign State, located in Turkmenistan may be admitted only with the consent of the competent authorities of the State concerned.
Accredited in Turkmenistan diplomatic representatives of foreign States and other persons specified in the relevant laws and international treaties of Turkmenistan Turkmenistan fall within the jurisdiction of a court in civil cases only within the limits set by international law or international treaties to which Turkmenistan is a party.
In cases where a foreign State is not ensured by Turkmenistan, its property or the representatives of Turkmenistan, the same judicial immunity which, pursuant to this article is provided by foreign States in Turkmenistan, their property or to representatives of foreign States in Turkmenistan, the Cabinet of Ministers of Turkmenistan or other authorized body may be prescribed in respect of that State, its property or a representative of the State application responses.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Article 442. Execution of the letters rogatory from foreign courts and appeal courts of Turkmenistan with orders to foreign vessels

 
The courts of Turkmenistan perform before them in the prescribed manner orders foreign vessels on the production of selected procedural steps (presentation of agendas and other documents, the questioning of the parties and witnesses, production expertise and on-site inspection, etc.) except when: 1) execution of the instruction would be contrary to the sovereignty of Turkmenistan or being subjected to security;
2) execution of the instruction does not fall within the competence of the Court.

Execution of foreign court orders on the production of particular procedural actions shall be based on the Soviet legislation.
The courts of Turkmenistan may apply to foreign vessels with instructions on the performance of individual proceedings.
The order of the relations of the courts of Turkmenistan with foreign courts shall be determined by the legislation of Turkmenistan and the international treaties to which Turkmenistan is a party.
(As amended by the Act of May 13, 1994-Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 443. Enforcement of foreign judgments and arbitral awards the order fulfillment in Turkmenistan of foreign judgments and arbitral awards is determined by the relevant international treaties to which Turkmenistan is a party. Decision of a foreign court or Tribunal may be presented to the enforcement within three years from the date of entry into force of the decision into legal force.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) article 444. International treaties

 
If an international treaty to which Turkmenistan is a party establishes regulations different from those contained in the law on civil proceedings, the rules of the international treaty shall apply.
The same procedure applies to the civil procedure law of Turkmenistan if an international treaty to which Turkmenistan stipulates other rules than those stipulated by this code.
(As amended by the Decree of the Presidium of the Supreme Soviet of the Turkmen Soviet Socialist Republic from June 15, 1981 and Act from May 13, 1994-Statements of the Supreme Council of TAJIKISTAN SSR, 1981, no. 17, p. 64;  Statements of the Mejlis of Turkmenistan, 1994, no. 1-2, art. 6) Appendix 1 LIST of PROPERTY of CITIZENS, which MAY NOT BE LEVIED for EXECUTIVE DOCUMENTS Recovery for Executive documents may not be drawn to the following items and items belonging to the debtor to the law of personal property or its share in common property necessary for the debtor and persons dependent on him: 1. a dwelling house with outbuildings or its separate parts-persons , whose principal occupation is farming, if the debtor and his family permanently residing therein, unless the collected loan issued by the Bank for the construction of houses.
2. for persons whose main occupation is agriculture-the only cow or camel, in the absence of a cow or camel is the only Heifer; in households that do not have neither cows nor camel nor heifers,-the only goat, sheep or pig; farmers have, in addition, sheep, goats and pigs within half the rules established for the collective farm yard, as well as the Charter of the kolkhoz poultry.
3. Livestock Feed required to collect new feed or to the pasture to pasture.
4. for persons whose main occupation is agriculture-the necessary seeds for the next planting.
5. articles of household furniture, utensils, clothing, necessary for the debtor and those of his dependants: (a)), clothing-for every person: one summer or autumn coat, one winter coats or coat of fur or fur or chopan one winter suit (for women two winter dresses), one summer costume (for women two summer dresses), hats, one for each season (for women, in addition , two summer scarf and one warm scarf or shawl), other clothing and headgear, being in use for a long time and do not represent the values; two Palace and two mats on the family;
b) shoes, underwear, bedding, kitchen utensils and tableware, were used (with the exception of articles made from precious metals, as well as objects of artistic value);
in) furniture-bed and Chair (or taburetu) on each person, one table, one closet and one chest in the family;
g) all children's accessories.
6. food adequate for the debtor and his family until the next harvest, if the debtor's main occupation is agriculture, and in other cases-food and money in the total amount of wages of the debtor, but not less than one hundred rubles.
7. Fuel for cooking and heating the dwelling of the family during the heating season.
8. Equipment (including a tutorial or a book) that is required for the continuation of the professional activities of the debtor, except by the verdict of the Court where the debtor is deprived of the right to engage in the relevant activity or when the inventory was used by them for the illegal occupation of fishing.
9. Mutual contributions to cooperative organizations, unless the debtor ceases to be a member of the cooperative members.
10. In the case the confiscation of the debtor's share in the joint property of the collective-farm yard or citizens of the self-employed in agriculture, the size of the share shall be determined by the following exceptions to this property: apartment house, which is inhabited by members of the yard with outhouses, seeds required for the next sowing, one cow or camel, and in the absence of a cow or camel-one heifer (in the farm yard sheep , goats, pigs, and poultry within half the rules established by the Charter of a kolkhoz) and fodder required for the remaining livestock.
 



                                                                               Annex No. 2

 
RESTORATION of the LOST JUDICIAL or ENFORCEMENT PROCEEDINGS Article 1. Lost judicial or enforcement proceedings in a civil case can be restored by the Court upon application by persons involved in the case, the Prosecutor, as well as on the initiative of the Court.
Article 2. The lost production is restored in whole or in part, to restore that must be first in the opinion of the Court or a higher authority. The Court's decision or determination of cut-off if they imposed in the case, must be restored necessarily.
Article 3. Statement on the restoration of the lost proceeding is filed with the Court, the trial, and the statement on the restoration of the lost-Executive production Court at the place of execution.
Article 4. The application must include detailed information about the case. Attached to an application shall be kept by the claimant and the relevant documents or their copies, even if they are not authenticated in the prescribed manner.
Article 5. When considering a case, the Court uses preserved part of production, documents issued from the case prior to the loss of production of citizens and institutions, copies of these documents, other references and papers relating to the case.
The Court may interrogate as witnesses of persons present when performing procedural actions and, if necessary, persons who have the Court considered a case in which lost production, as well as those delegated to the Court's decision.
Article 6. In case of insufficiency of the materials collected for accurate recovery proceeding, the Court shall terminate the proceedings definition statements about restoring production. In this case, the applicant has the right to sue in a general way.
Article 7. The applicant is exempted from payment of court costs incurred by the Court in a case about recovering lost production. When knowingly false statement charges recovered from the applicant.
 
                 Annex No. 3 POSITION on the ARBITRATION COURT

 
Article 1. Citizens may refer any dispute between them the dispute to arbitration, except for disputes arising from employment and family relations.
Treaty on the transfer of dispute to arbitration (arbitration record) shall be concluded in writing.
Article 2. The arbitral tribunal shall be organized on special every time all the participants agreement dispute.
Article 3. The arbitral tribunal shall be formed at the discretion of the parties, composed of a single judge or a panel of judges elected in identical on each side and one in the general election of judges.
Article 4. Members of the Court of arbitration may not be: 1) persons who have not attained the age of majority;
2) persons under guardianship or Trusteeship;
3) persons deprived of the right to hold a court sentence posts in the organs of the Court and the public prosecutor's Office or to practice law, within the time limit specified in the sentence;
4) persons involved in the criminal liability.
Article 5. Treaty on the transfer of dispute to arbitration (arbitration record) must contain: 1) the name of the parties and their place of residence;
2) subject-matter of the dispute;
3) the name of the elected judges;
4) deadline for settlement of the dispute;
5) place and date of drawing up the Treaty.
Article 6. Change of judges before the end of the consideration of the case is not allowed. A party is entitled to cancel the agreement if he proves that any judges interested in the outcome of the case and that this fact was not known to it at the conclusion of the contract.
Article 7. In the event of death, departure or severe illness of one of the judges from the parties ' agreement to provide a resolution of the dispute depends on cash composition judges or elect a new judge to appoint the party that elected a retired judge of the inscription on the arbitration record, signed by all the rest of the judges and parties.
Article 8. Proceedings in arbitration courts is free of charge.
Article 9. Citizens who have concluded the agreement on transfer of dispute on consideration of the Arbitration Court is not entitled to renounce it before the expiry of the period provided for in the arbitration record, except in the cases referred to in article 6 of this regulation.
Article 10. The arbitral tribunal is not bound by the rules of procedure, set out in the code of civil procedure of the Turkmen Soviet Socialist Republic. However, he could not solve the case without hearing the explanations of the parties, except in cases when a party refuses to appear in court to give explanations.
Article 11. The Arbitration Court is declared void: 1) as a result of the expiration of the prescribed term of entry arbitration;
2) owing to the refusal of any of the judges or eliminate such (article 6 of this Regulation);
3) if case opens the circumstance giving rise to criminal prosecution with respect to a party, and which may have an impact on the outcome of the case;
4) in the event of the death of one of the parties.
Article 12. The decision of the Arbitration Court decides on most votes.
Article 13. The decision sets out in writing, it must be specified: 1) time and place orders decisions and arbitral tribunal;
2) arbitration record, on which the Court acted;
3) name of all parties of the dispute;
4) subject-matter of the dispute;
5) the grounds on which the arbitral tribunal came to their conclusions;
6) the arbitral tribunal.

Article 14. The decision shall be signed by all judges. The denial of any of the judges from the signature and dissenting opinion are the solution.
Article 15. The decision is declared by the parties in the Court, and they put their signature on the decision. In case of refusal of the parties from signing or its failure without valid reasons in the Court of session decision is considered it declared, as the decision is marked to the Chair.
Article 16. All production of the Arbitration Court after the end of the consideration of the case is transferred for storage in district (City), the people's Court, in which occurred the arbitral tribunal.
Article 17. The decision of the Arbitration Court, not executed voluntarily enforceable force based on the writ of execution issued by the district (municipal) people's Court.
Article 18. When issuing the writ the judge checks as to whether the decision of the Court of arbitration law and whether it was not allowed when it is making a breach of the rules provided for in this Regulation.
Article 19. The people's judge's refusal to issue a writ of execution may be made private complaint or brought a private protest within ten days from the date of refusal.
Article 20. After the entry into force of the people's judge definition about refusal to issue a writ of the dispute can be resolved in a court, upon application by the party concerned in the hand.