Amending Act Turkmenistan "on Trial"

Original Language Title: О внесении изменений в Закон Туркменистана «О суде»

Read the untranslated law here: http://minjust.gov.tm/ru/mmerkezi/doc_view.php?doc_id=15107

 
On amending the law of Turkmenistan "on Court" * translated from the official language of Turkmenistan.
 
I. to amend the law of Turkmenistan "on the Court, passed August 15, 2009 year (in the redaction of law of Turkmenistan, adopted November 8, 2014 years) (statements of the Mejlis of Turkmenistan, 2014, no. 4, p. 135; 2015, no. 1, p. 22), the following changes: 1. The second part of article 5 shall be amended as follows:" 2. the Parties shall, in the manner prescribed by the legislation of Turkmenistan have the right to appeal against decisions, sentences and other decisions of Turkmenistan.
2. Article 8 shall be amended as follows: «Article 8. Collegial and sole cases except where the law allowed the consideration of cases by the judge alone, cases of all courts and in all courts considered collectively.
3. In the third part of article 18, delete the words "involved in promoting and explaining the legislation."
4. paragraph 9 of article 19 shall be invalidated.
5. In the first part of article 20: in paragraph 4, the words "supervises the judges" should be replaced by the words "assists in the work of a judge";
paragraph 6 shall be invalidated.
6. The second part of article 25 shall be amended as follows: "2. the Procurator General and city attorney from Mashhad participates in proceedings in the courts of the Presidium of the velaâtskogo Court and Court of velayat rights on the bases and pursuant to the procedure established by the procedural legislation of Turkmenistan.
7. Paragraphs 3 and 4 of article 30 shall be amended as follows: «3) introduced within and under the procedure established by the legislation of Turkmenistan, opinions on judgements, verdicts, decisions and rulings on court cases, as well as claims the decision to Institute the supervisory production;
4) in the cases and pursuant to the procedure established by the legislation of Turkmenistan, suspends the execution of the judgments and decisions on civil cases;
8. In the second part of article 36, the words "in the manner prescribed by" should be replaced by the words "in accordance with procedures stipulated under".
9. The second part of article 39 shall be reworded as follows: "2. The General Prosecutor of Turkmenistan shall participate in the meetings of the Presidium of the Supreme Court of Turkmenistan on the bases and pursuant to the procedure established by the legislation of Turkmenistan.
10. paragraph 1 of article 40 shall be amended as follows: ' 1) within its competence, considers the case by way of supervision and on new circumstances, in the manner prescribed by the legislation of Turkmenistan, with the participation of no less than two thirds of its membership; ".
11. The second part of article 43 shall be amended as follows: "2. The General Prosecutor of Turkmenistan or his Deputy participates in legal proceedings in the meetings of the Presidium of the Supreme Court of Turkmenistan on the bases and pursuant to the procedure established by the procedural legislation of Turkmenistan.  
12. paragraph 2 of article 47 shall be amended as follows: "2) introduced within its competence and in accordance with the procedure established by law, protests on rulings of the judiciary;".
13. paragraph 3 of article 48 shall read as follows: «3) introduced within its competence and in accordance with the procedure established by law, protests on rulings of the judiciary; ".
14. In article 69: the second part of the sixth sentence to read: "the individual members of the qualification board or around its composition may be challenged.
in the third sentence, the word "its part of the tenth" should be replaced by the words "your special".
 
II. The present law shall enter into force from July 1, 2016 onwards.
 
 
   Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, March 26, 2016 year no. 376-V.