On notary and notarial activities

(With the addition made by the Law of Turkmenistan
from 10.24.2015, № 292-V)

This Law determines organizational and legal foundations of notaries, as well as the procedure of notarial activities in Turkmenistan.

Section I. INSTITUTIONAL AND LEGAL BASIS activities of the notary


CHAPTER I. GENERAL PROVISIONS

Article 1. Notary Turkmenistan

Notary in Turkmenistan - a system consisting of bodies and authorized persons who are entrusted with the task of the notary to certify the activities of indisputable rights as well as the facts of legal significance, and giving them legal certainty.

Article 2. The main task of notaries

The main task of notaries is to ensure protection of the rights and legitimate interests of individuals and legal entities, as well as the public interest by notarial acts on behalf of Turkmenistan.

Article 3. Legislation of Turkmenistan on notaries and notarial activities

1. Turkmenistan's legislation on notaries and notarial activity based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan, which regulate the relations connected with the implementation of notarial activities.
2. If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.

Article 4. Notaries

Notaries - a commission of a notary public notary actions stipulated by this Law and other regulatory legal acts of Turkmenistan.

Article 5. Basic principles of notarial activities

Notaries in Turkmenistan is based on the principles of lawfulness, fairness, independence and security of the mysteries of notarial acts.

Article 6. The legality in the exercise of notarial activities

Notaries in Turkmenistan is carried out in accordance with the Constitution, this Law, other normative legal acts and international treaties of Turkmenistan.

Article 7. Justice in the exercise of notarial activities

1. Notarial activity is carried out on equal terms to all persons, regardless of nationality, race, sex, origin, property and official status, place of residence, language, attitude towards religion, political views, party affiliation or lack of affiliation to any political party.

2. Public notaries authorized persons who are entrusted with the task of the notary's activities, do not have the right to perform notarial acts, the results of which are for their property or other personal interest.

Article 8. Independence in the exercise of notarial activities

1. Persons carrying out notarial activities, in the performance of their duties are independent and subject only to the laws of Turkmenistan.
2. Unlawful influence on persons carrying out notarial activities, in the performance of their duties is prohibited and entails responsibility established by the legislation of Turkmenistan.

Article 9 Secrecy notarial acts

1. Natural and legal persons are guaranteed to keep the secret of notarial acts committed against them.
2. Persons carrying out notarial activities, ensure confidentiality committed by a notarial act. 3
. Maintenance of secrecy committed notarial actions is a requirement for those who discontinued notarial activities.
The obligation of secrecy committed notarial acts also extends to the interns and assistant notaries public.
4. Details committed notarial actions, copies or duplicates of documents issued by a notary public, shall be issued only to individuals and legal entities, on behalf of, in the name of, on behalf or in respect of which the acts were committed.
5. Information about the notarial acts and documents issued at the written request of the court, the prosecution, inquiry and investigation on under their affairs, as well as the agencies authorized by this law to exercise control over the activities of a notary public.
6. Details committed notarial actions shall be issued upon written request of the state registrar of the state registration of rights to immovable property and transactions related to them, except for the documents which, in accordance with the normative legal acts of Turkmenistan are presented only to interested parties.
7. Information about the will during the lifetime of the testator issued by himself, and after the death of the testator - the persons and authorities referred to in the fourth to sixth parts of this article, as well as the heirs of the testator, unless otherwise provided by the legislation of Turkmenistan.
8. Information on the issue of the certificate of inheritance issued by the relevant tax authorities.

9. The obligation to observe the secrecy of notarial acts apply to persons who became aware of these actions in connection with the performance of their duties, as well as other persons involved in the notarial acts.
10. Persons who disclose information about acts committed by the notary shall be liable in accordance with the law.

Article 10. The right to perform notarial acts

1. The right to perform notarial acts within its authority, as well as in the cases and within the limits established by this Law have:
1) public notary public notary's office (hereinafter - the notary public);
2) officials gengeshes;
3) officials of diplomatic missions and consular offices of Turkmenistan abroad;
4) officials who have the right to perform notarial acts in accordance with the first paragraph of Article 37 of this Law.
For the purposes of this Law, the officials referred to in paragraphs 2 - 4 of this part, hereinafter referred to as authorized officials.
2. When performing notarial acts notaries public in accordance with this Law shall have equal rights and perform the same duties. 3
. Documents issued within the authority by the persons specified in part one of this article shall have the right to perform notarial acts, have the same legal force.

Article 11. The order of notarial acts

1. Notarial acts are performed in accordance with the legislation of Turkmenistan.
2. When performing notarial acts drawn up by a notary public notarial deed - a written document (notarized document), drawn up, certified or attested in the order established by the legislation of Turkmenistan.

Article 12. Notarial correspondence

1. Notarial correspondence in accordance with the Rules of the Notary office, approved by the Ministry of Justice in coordination with the Main Archive Department under the Cabinet of Ministers of Turkmenistan.
2. Documents relating to the notarial acts committed by public notaries, authorized officials shall be deposited in the archives in accordance with the legislation of Turkmenistan.

Article 13. The uniform information system of notaries


1. Unified information system of notaries recognized automated information system designed for comprehensive automation of the collection, processing information about notary activities and provide all kinds of information exchange (exchange) (hereinafter - the single information system). In a single information system subject to information on notarial actions inclusion, including in electronic form. The content of this information is determined in accordance with this Law.
2. Electronic documents can be certified by an electronic digital signature in accordance with the law. 3
. The order of creation, maintenance, operation and use of a single information system, as well as the procedure for providing the information contained in it, determined by the Ministry of Justice.
4. Protection of the information contained in a single information system, in accordance with the legislation of Turkmenistan.
5. Persons having access to information contained in a single information system, and persons engaged in the processing of data of a unified information system, an obligation not to disclose to third parties and not to distribute the information contained in the information system, except in cases established by the legislation of Turkmenistan.
For disclosure or illegal use of the said information, such persons are liable under the legislation of Turkmenistan.
6. Establishment and functioning of a unified information system financed by the State Budget of Turkmenistan.

Article 14. Language of the notary office

Notarial correspondence is conducted in the official language of Turkmenistan, documents issued as a result of notarial acts, drawn up in the official language of Turkmenistan.

CHAPTER II. LEGAL STATUS notary public

Article 15. The State notary in Turkmenistan

1. A notary public can become a citizen of Turkmenistan, which has a law degree, passed internship at the notary public within six months and certified, unless otherwise provided by this Act.

2. A notary public can not be persons who have outstanding or previously convicted, as well as those found in the prescribed manner incapable or partially capable. A notary public may not be the person against whom criminal proceedings terminated on grounds of non-rehabilitation, as well as the dismissal of the notary public for the admitted violation of legislation of Turkmenistan in the commission of notarial acts. 3
. In deciding on the appointment of a notary public must be based on compliance with the notary public office for personal and professional qualities of the applicant for the post of notary public, taking into consideration experience of the lawyer, police officer or the legal services of other entities.
4. Notarial acts with the legal requirements in violation of Turkmenistan on notaries and notarial activity punishable under the laws of Turkmenistan.
5. Property damage caused by a notary public as a result of notarial acts shall be compensated in accordance with the law.

Article 16 Assistants and trainees notary public

1. The public notary may be assistants and trainees, rights, duties and working conditions of which are determined in accordance with the legislation of Turkmenistan.
2. Assistant notary public may be only citizens of Turkmenistan. 3
. Assistant notary public works as part of the state notary's office.
4. Intern notary public may be citizens of Turkmenistan who have a law degree. Selection of candidates for the adoption of a notary public trainees shall be in accordance with the personal and professional qualities.
The trainees are trained at the notary public.
Intern notary public appointed by order of the Minister of Justice. Wages trainee notary public established in accordance with the law.
The order of probation shall be approved by the Minister of Justice.
5. Assistant and intern at the direction and under the responsibility of the public notary performing his instructions, they can not perform notarial acts and their activities are complementary.
6. The aim of the internship is to acquire a trainee professional knowledge and practical skills in the commission of notarial acts and organization of the work of a notary public.

7. Internship at one notary public may not be held for more than two interns at a time.
8. Passage of the internship is carried out by the Unified training program trainees, approved by order of the Minister of Justice.
Uniform training program for trainees is compulsory for all trainees and must contain a list of measures aimed at the acquisition of specific trainee theoretical knowledge, practical skills in the commission of notarial acts and organization of the work of a notary public, including the study of professional and ethical conduct of a notary public, a visit seminars organized for public notaries or specially for interns.
9. At the end of the internship notary public prepares a report, which sets out the performance of trainee internship program. In the case of full development of trainee internship program internship period passing them can be reduced.
In the case of an incomplete development of the trainee internship program he is given more time, but not more than three months.
Full development of the Unified training program for trainees is a prerequisite for an internship.
Intern is appointed notary public after undergoing certification in the Certification Commission of the Ministry of Justice to carry out notarial activities.

Article 17. Attestation Commission of the Ministry of Justice to carry out notarial activities

1. The person applying for the right to exercise notarial activities, is certified in the Certification Commission of the Ministry of Justice to carry out notarial activities.
2. The composition of the Evaluation Commission of the Ministry of Justice to carry out notarial activities, the procedure for its work, as well as the procedure of attestation Attestation Commission of the Ministry of Justice to carry out notarial activities approved by the Minister of Justice. 3
. Operation of the Certification Commission of the Ministry of Justice to carry out notarial activities carried out by this Ministry.

Article 18. The State notary

1. Notary public is a public servant holding the position in accordance with the legislation of Turkmenistan. On notary public subject to the requirements specified in Article 15 of this Law.

2. The appointment and dismissal of the notary public by the Minister of Justice. 3
. Class ranks public notaries, consultants, public notaries assigned in accordance with the Regulations approved by the Cabinet of Ministers of Turkmenistan in accordance with the procedure established for the employees of Justice of Turkmenistan.

Article 19. Rights of a notary public

Notary public has the right to:
1) perform notarial acts, provided by this Law and other normative legal acts of Turkmenistan, in the interests of natural and legal persons who have applied to it;
2) prepare draft transactions, statements and other documents;
3) produce copies of documents and extracts from them;
4) to give legal advice relating to notarial acts;
5) receive a fee for giving legal advice, making extracts from documents, provision of other legal and technical services related to notarial acts;
6) to request from legal entities information and documents necessary for notarial acts, with the condition of non-disclosure of information constituting a secret protected by the legislation of Turkmenistan, as well as to involve experts;
7) engaged in teaching, research and creative activities.

Article 20. Duties of notary public

1. Notary public shall be obliged:
1) perform their professional duties in accordance with this Act and taking the oath;
2) abide by professional ethics;
3) perform notarial acts in accordance with the requirements of this Law and other normative legal acts of Turkmenistan;
4) provide assistance to individuals and legal persons in the exercise of their rights and protection legitimate interests, to explain to them their rights and duties;
5) to warn of the consequences of people who applied to perform notarial acts;
6) to keep secret information that became known to him in connection with the exercise of notarial activities;
7) to submit complaints to their actions to the proper authorities, considering those complaints, information about committed notarial acts, other documents and personal explanations;
8) submit to the authorized state body on counteraction to legalization of proceeds from crime and terrorist financing necessary information in accordance with the law;
9) to submit to the appropriate authorities information on the property tax service, which becomes the property of citizens in the order of succession, and the necessary information on the cost of the property;

10) refuse to perform notarial acts in the event of non-compliance the legislation of Turkmenistan;
11) perform other duties provided by the legislation of Turkmenistan.
2. Presentation of notarial acts authorized state body on counteraction to legalization of proceeds from crime and financing of terrorism in accordance with the legislation of Turkmenistan is not a disclosure of the secrets of notarial acts.

Article 21. The territory of the notary public activities

1. The territory of the notary public activities within the administrative-territorial division of Turkmenistan is determined by the Ministry of Justice.
2. The territory of notary public activity observed in the commission of notarial acts, provided for in Articles 25, 59-60, 67, 74, 79-85, 96, 104 and 118 of this Law. In all other cases, the physical and legal persons for the commission of notarial acts may apply to any notary public.

Article 22. Oath of the notary public and the professional ethics of public notary

1. Public notaries solemnly take the following oath:
«I, (full name), do solemnly swear that I will perform the duties of a notary public honestly and in good faith, in accordance with the law and conscience, respect and protect the rights and the legitimate interests of citizens and legal persons, public interests, to keep the secret of notarial acts, anytime, anywhere to protect the purity of the notary public high ranks and be worthy of it. ".
2. Notary public shall be signed under oath and it is stored in the personal file of a notary public. 3
. A person who does not take the oath, can not perform the duties of a notary public.
4. In the performance of their duties notary public must comply with the legislation of Turkmenistan and the professional ethics of a notary public.
Notary public Professional Ethics - a set of rules defining the requirements for a notary public in the performance of their professional duties, including in relations with clients, colleagues, representatives of state bodies and other organizations.
5. The procedure of taking the oath and professional ethics of a notary public shall be approved by the Ministry of Justice.

Article 23 Printing, stamps and letterheads notary public


1. The public notary shall have a seal with the State Emblem of Turkmenistan, with the name of the state notary's office and the number assigned to the notary public, as well as stamps and letterheads.
2. Printing, stamps and letterheads of public notaries are made on a single sample, approved by the Ministry of Justice. Impressions of the seals and signatures of notaries public samples are stored in the Ministry of Justice. 3
. Blanks are made in hard copy and are documents of strict accountability.
4. Production of seals, stamps and forms of public notaries is carried out at the expense of the State budget for the Ministry of Justice or its local bodies.
5. Notary public notary has terminated the activities required to deliver the seal, stamps and letterheads in the relevant territorial authority of the Ministry of Justice.

§ 24. Restrictions related to the duties of a notary public

Notary public has no right to:
1) to do business in person or by proxy;
2) engage in other paid activities, except for teaching, research and creative activity;
3) to provide brokerage services for the conclusion, modification and termination of the contract;
4) to help meet material interests of natural or legal persons by unjustified use their official authority for the purpose of obtaining material goods;
5) benefit in the form of money, valuables, other property or property services, other property rights using their official powers or associated possibilities;
6) to demand from individuals and legal persons the documents do not relate to perform notarial acts.

§ 25. Restrictions related to the commission of notarial acts

1. Public notaries authorized officers shall not have the right to perform notarial acts in his own name and on its behalf, in the name and on behalf of her husband (wife), his (her), they and their close relatives, in the name and on behalf of employees of the notary public offices, gengeshes, diplomatic missions and consular offices of Turkmenistan abroad, as well as in the name and on behalf of the relevant public notary office, gengesh, diplomatic missions and consular offices of Turkmenistan abroad.

2. Officials referred to in Section 37 of this Act, shall not be entitled to certify wills, powers of attorney and witness the authenticity of the signatures on the application in his own name and on its behalf, in the name and on behalf of her husband (wife), his (her) them their close relatives, in the name and on behalf of the relevant bodies of workers. 3
. By the close relatives mentioned in the first and second parts of this article are parents (including adoptive parents), spouses, children (including an adopted), grandparents of the father and mother, grandchildren, full and half brothers and sisters .
4. In the cases referred to in the first and second parts of this article, notarial acts committed by other public notaries, officials gengeshes.
5. If according to the legislation of Turkmenistan notarial acts must be made concrete by a notary public the place of notarial acts is determined by the Ministry of Justice.
6. Notarial acts committed with violation of the rules set out in this Article shall be deemed invalid.

Article 26. Responsibility of the notary public, authorized officer

1. Notary public, authorized officer if they commit illegal acts are liable under the legislation of Turkmenistan.
2. In the case of breach of duty and professional ethics notary public prosecuted by the Minister of Justice in accordance with the law.

CHAPTER III. FINANCING notarial activities. PAYMENT FOR SERVICES AND notarial acts

Article 27. Financing of the activities of public notaries

Public notaries are financed at the expense of the State budget.

Article 28. Payment of notarial acts and services

1. For notarial acts committed by public notaries, officials gengeshes collected state duty in the amount established by the legislation of Turkmenistan. The size of the state fee is a percentage based on the base value for the calculation of the state fee established by the Cabinet of Ministers of Turkmenistan.
2. Public notaries, officials gengeshes each notarized documents indicate the size of the state fee.
3
. The amount of payment for giving legal advice, making extracts from documents, provision of other legal and technical services of a notary public, official gengesh related to notarial acts, defined as a percentage based on the basic value, determined in accordance with the law for the calculation of social and other payments .
Rates for giving legal advice, making extracts from documents, provision of other legal and technical services related to the actions of the notary and the procedure for their collection approved by the Ministry of Justice in coordination with the Ministry of Economy and Development of Turkmenistan.
4. For notarial acts performed at the request of the person concerned outside the offices of the state notary office or gengesh established state fee charged at double rate, and in addition, interested persons should pay actually produced the costs associated with the departure for the commission of those acts.
5. For the commission of notarial acts by officials of diplomatic missions and consular offices of Turkmenistan abroad are charged the visa fee, as well as costs associated with the commission of notarial acts, in accordance with the law.

CHAPTER IV. CONTROL OF NOTARY ACTIVITIES


Article 29. Control over the activities of a notary public

1. Control over the legality of notarial actions and observance of rules of the notarial office by the Ministry of Justice.
2. Monitoring compliance with a notary public, an authorized official of the tax legislation of Turkmenistan shall be exercised by tax service of Turkmenistan. 3
. Monitoring compliance with notary public laws of Turkmenistan on combating the legalization of proceeds from crime and financing of terrorism carried out by authorized state bodies.
4. Officials of controlling the activities of a notary public, authorized officer shall have the right to get acquainted with the information and documents related to the execution of their duties, committed (committed) notarial actions, settlements with individuals and legal entities, as well as other necessary documents.

5. Officials of controlling the activities of a notary public, authorized officer shall be obliged to maintain the secrecy of notarial acts, which became famous during the inspection of a notary public activity, the authorized official. For disclosure of secrets, and the damage caused to these persons bear responsibility in accordance with the law.

Article 30. Powers of the Ministry of Justice to regulate the relations connected with the activities of notaries notary
Ministry of Justice
:
1) manages, coordinates and controls the activities of the organization and the rule of law in the field of legal services to the public by public notaries;
2) approve the Regulations on the Procedure notarial acts;
3) approve the Regulations on the Procedure notarial acts by officials gengeshes;
4) states in coordination with the Main Archive Department under the Cabinet of Ministers Rules of notary office;
5) approve the procedure for the internship;
6) develop methodological guidelines and explanatory materials on notaries and notarial activities;
7) develops and approves the Registry for the registration of notarial actions and the form of a notarial record keeping books, samples of notarial certificates, transactions, evidenced by the documents of identification and labels, as well as other notarial acts, forms;
8) within its competence, shall regulate notarial activities in accordance with this Law;
9) in the prescribed manner approves tariffs for giving legal advice, making extracts from documents, provision of other legal and technical services related to the actions of the notary and the procedure for their collection;
10) carries out the certification of notaries public;
11) in the established order considers the appointment of notaries public to disciplinary liability;
12) publishes manuals and guidelines on notarial activities;
13) verifies compliance with the law of Turkmenistan in the commission of notarial acts notaries public;
14) exercise other powers stipulated in this Law, other normative legal acts of Turkmenistan.

CHAPTER V. public notaries

Article 31. The State notary offices

1. Public notaries are the organizational form of the state notaries notary activity.

2. Ministry of Justice conducts a register of public notaries and governs their activities.

Article 32. Organization of the work of public notaries

1. Ministry of Justice creates and liquidates state notaries, supervises their activities.
Structure and number of employees of public notaries are approved in the established order by the Minister of Justice.
2. In the city of Ashgabat and cities that are regional centers, one of the public notaries is established as the first public notary office.
First State Notary Office, along with the commission of notarial acts providing methodological guidance of public notaries of the respective administrative-territorial unit, coordinates the activities of notaries public, promotes the professional development of public notaries, protects and represents the interests of public notaries in the state bodies, involved in the development of projects normative legal acts on notaries and notarial activities, produces duplicate copies of notarial documents stored in the notarial archives and extracts from them.
Top notary public by the Ministry of Justice may be assigned the commission the most challenging of notarial acts. 3
. Public notary is a legal entity, has a seal with the State Emblem of Turkmenistan and its name, as well as stamps and letterheads. The head of state notary office head.
4. Public notaries are provided by local authorities office premises on the territory of their location.
Workers state notary's office in the case of transfer to another location in connection with the service provided by official residential premises by local executive authorities.
5. Public notaries and other statistical and financial statements in accordance with the legislation of Turkmenistan, and reports are related to the commission of notarial acts, the recovery of state fees and other payments to the Ministry of Justice and the relevant government authorities.

Article 33. Notarial Archives

1. Notary file is created for acquisition, accounting, use and storage within the time limits set by the legislation of Turkmenistan documents generated as a result of notarial activities.

2. Notarial Archives of state notary office in the corresponding or higher state notary's office.
Notary Public provides proper storage of archive documents. 3
. At the end of the retention period, they shall be deposited in the State Archives of Turkmenistan in accordance with the legislation of Turkmenistan.

Section II. Notarial acts

CHAPTER VI. Powers of state notaries and other officials in notarial acts

Article 34. Notarial acts committed by public notaries

1. Public notaries perform the following notarial acts:
1) certify transactions (contracts, wills, powers of attorney, marriage contracts, etc.);
2) shall take the necessary measures for the protection of the inheritance;
3) issue the certificate of inheritance;
4) issue certificates on the right to share in the common property;
5) impose in cases prescribed by law prohibition on alienation of residential houses, apartments, holiday homes and other real estate;
6) show fidelity of copies of documents and extracts from them;
7) show the authenticity of signatures on documents;
8) indicate accuracy of the translation of documents from one language to another;
9) certify the fact of a person alive;
10) certify the fact of being a person in a certain place;
11) certify the identity of the person with the person depicted in the photograph;
12) certify the time of presentation of documents;
13) transmit the statements of individuals and legal persons to other physical and legal persons;
14) received in deposit money and securities;
15) commit the executive inscriptions;
16) make protests of bills;
17) impose checks for payment and certify the non-payment of checks;
18) take the deposit of documents;
19) perform maritime protests;
20) provide evidence.
2. In accordance with the law on notaries public can be assigned and performance of other notarial acts.

Article 35. Notarial acts committed by officials gengeshes

1. Officials gengeshes perform the following notarial acts:
1) certify wills;
2) certify the power of attorney;
3) take the necessary measures for protection of the inheritance;
4) show fidelity of copies of documents and extracts from them;
5) show the authenticity of signatures on documents.
2. Officials gengeshes, leaving one copy of the original wills are obliged, without delay, transmit a copy of his original, certified by them, be deposited in the state notary's office for the permanent place of residence of the testator.
3
. In accordance with the law on officials gengeshes may be entrusted the commission and other notarial acts, not provided for in this Article.

Article 36. Notarial acts committed by officials of diplomatic missions and consular offices of Turkmenistan abroad

1. Officials of diplomatic missions and consular offices of Turkmenistan abroad perform the following notarial acts:
1) certify transactions (contracts, wills, powers of attorney, etc.), except for the transactions on alienation and pledge of immovable property situated in Turkmenistan;
2) shall take the necessary measures for the protection of the inheritance;
3) issue the certificate of inheritance;
4) issue certificates on the right to share in the common property of spouses (former spouses);
5) show fidelity of copies of documents and extracts from them;
6) show the authenticity of signatures on documents;
7) indicate accuracy of the translation of documents from one language to another;
8) certify the fact of a person alive;
9) certify the fact of being a person in a certain place;
10) certify the identity of the person with the person depicted in the photograph;
11) certify the time of presentation of documents;
12) received in deposit money and securities;
13) commit the executive inscriptions;
14) take the deposit of documents;
15) perform maritime protests;
16) provide evidence.
2. Officials of diplomatic missions and consular offices of Turkmenistan abroad, leaving one copy of the original wills are obliged, without delay, transmit a copy of his original, certified by them, be deposited in the state notary's office for the permanent place of residence of the testator. 3
. In accordance with the law on officials of diplomatic missions and consular offices of Turkmenistan abroad can be charged and performance of other notarial acts, not provided for in this Article.

Article 37. Identity officials wills and powers of attorney, as well as witnessing signatures on the statements, equated to notarized

1. By notarized documents are equal:

1) wills and powers of attorney, as well as the statements of persons who are undergoing treatment in hospitals, other institutions, the public health system, providing medical care in a hospital or living in nursing homes for the elderly and the disabled - and certified the authenticity of signatures on which attested to the chief physicians, their assistants on the medical unit or duty doctors of these hospitals and other health care institutions providing medical care in a hospital, as well as directors and chief physicians of homes for the elderly and disabled;
2) wills and statements of persons while sailing on ships or ships navigating in the internal waters, flying the state flag of Turkmenistan - certified and the authenticity of signatures on a proven captains (commanders) of these vessels;
3) wills and statements of persons in the exploration, and other similar expeditions - and certified the authenticity of the signatures on which witnessed the heads of these expeditions;
4) wills and powers of attorney, as well as statements by military personnel and other persons who are treated in military hospitals and other military medical institutions, - certified and the authenticity of signatures on a proven chiefs and their deputies on medicine, senior doctors on duty and these military hospitals and other military medical institutions;
5) wills and powers of attorney, as well as statements by the military, as well as employees, their families and the families of military personnel in areas of deployment of military units, formations, military institutions and military schools, where there are no notaries public and authorized officials - certified and the authenticity of signatures on a proven commander (chief) of the military units, formations, institutions and military rectors (heads) military schools;
6) wills and powers of attorney, as well as the statements of persons who are in a special rehabilitation center, temporary detention, pre-trial detention and prisons - and certified the authenticity of the signatures on which witnessed the heads of these bodies.
2. When the certificate of wills provided by part one of this article, the witnesses may be admitted. In this case, the will be signed by the testator and witnesses.
3
. Officials referred to in the first part of this article, leaving one copy of the original of the will shall be obliged to immediately send one copy of his original, certified by them, be deposited in the state notary's office for the permanent place of residence of the testator.
If the testator did not have permanent residence in Turkmenistan or the place of residence of the testator is not known, the will be sent to the Ministry of Justice, which determines the state notary's office, which will be stored will.
4. Captains (commanders) ships are required to transmit a copy of the original wills, certified by them, the chief port of Turkmenistan or official diplomatic missions and consular offices of Turkmenistan in the state in which is a foreign port for subsequent referral to the state notary at the permanent place of testator's residence .
5. Certification of wills and powers of attorney, the testimony of the authenticity of signatures on the statements made by officials in compliance with the requirements of this Act.
6. The public notary is obliged to check the legitimacy of the will that has entered the store, and in the case of the establishment of non-compliance of its law to inform the testator and the officer, making sure a will.

Section III. RULES notarial acts

Chapter VII. GENERAL RULES notarial acts

Article 38. The order of notarial acts

The order of notarial acts is established by this Law, other normative legal acts of Turkmenistan and the Regulations on the Procedure notarial acts, approved by the Ministry of Justice.

Article 39. Place of notarial acts

1. Notarial acts are committed in the offices of the state notary's office, as well as gengeshes, except in cases where, under the legislation of Turkmenistan notarial act must be committed to a certain specific place.
2. If the person on whose behalf to perform notarial acts, can not come to the office space, which perform notarial acts, they can be committed outside the offices mentioned in part one of this article.
If a notarial act committed outside the office premises of the state notary office or gengesh, the certifying text on the document, and in the Registry for the registration of notarial acts recorded the scene of a notarial act, indicating its location and time.
3
. Place notarial acts by officials of diplomatic missions and consular offices of Turkmenistan abroad is determined by the legislation of Turkmenistan on the diplomatic missions and consular offices of Turkmenistan.

Article 40. Terms of notarial acts

1. Notarial acts performed on the day of submission of all the documents necessary for notarial acts, with the payment of the state fee.
2. Notarial acts may be delayed by the need to reclaim the additional information or documents from natural and legal persons, or the direction of the examination of documents. 3
. The period for which deferred notarial acts, in these cases should not exceed one month, except in cases related to the execution of instructions in a foreign country.
4. Notarial acts may be postponed at the request of citizens who want to go to court to challenge the law or fact, of which the certificate requests other interested person. In this case, the notary public has the right to postpone the notarial acts for a maximum of twenty working days. If the due date of the trial will not be received written notification on receipt of the application of the person concerned, the notary public to perform notarial acts.
5. In the case of the court written notice of receipt of the application of the person concerned, disputed rights or facts which permit requests other interested person, the commission notarial act be suspended until the resolution of the case by the court.
6. The legislation of Turkmenistan may establish other grounds for adjournment and suspension of notarial acts.

Article 41. Identification applied for notarial acts

1. When performing notarial acts notary public, the authorized officer shall establish the identity of the person who applied for a notary's, his representative or a legal entity.
2. Identification should be carried out on the basis of a passport or other documents, excluding any doubt about the identity of the person who applied for a notary's.

Article 42. Checking the capacity of natural persons and legal capacity of legal persons participating in transactions


1. If the certificate is found out transactions capacity of natural persons and legal capacity is checked entities involved in the transactions. In the case of a transaction representative checked his credentials.
2. When probate certificate must indicate the notary public there about the capacity of the testator.

Article 43. The procedure for signing the notary documents

1. Notarized transaction, as well as statements and other documents are signed in the presence of a notary public, authorized officer.
2. When the certificate transactions and performing other notarial acts in the cases provided for by the legislation of Turkmenistan, verified the authenticity of the signatures of the contracting parties and other persons who have applied for notarial acts. 3
. Notary public may not require the personal attendance of officials of legal entities, if it has samples of their signatures submitted in the prescribed manner, and the authenticity of signatures is not in doubt.
4. The content of the notarized transaction, as well as the statements and other documents to be read by a notary public, authorized official aloud all participants read or persons who applied to perform notarial acts.
5. A person who can not personally sign the document as a result of illiteracy, physical disability or illness, may entrust another person to sign it in the presence of a notary public, authorized officer. Signature of the latter must be certified by a notary public, an authorized official. In the certifying text reason must be provided, as a result of which the person could not personally sign the document.

Article 44. The use of audio and video recordings in the commission of notarial acts

1. To fix the notarial acts at the request of and at the expense of applied persons, or on the initiative of a notary public, authorized officer may be made audio and video recordings.
2. In the case of audio and video recordings on the initiative of a notary public, authorized officer alerted her converts this person. 3
. On conducting audio and video recording in a note certifying text, with which it is stored in the archive.

Article 45. Requesting information and documents necessary to perform a notarial act


Notary public, an authorized officer shall have the right to demand from the legal entities information and documents necessary for notarial acts. To demand information and documents must be submitted within a month, except in cases related to the execution of instructions in a foreign country.

Article 46. Bringing professionals

1. In the event that can attract specialist for advice when notarial acts require special knowledge or skills (examination of documents, management of audio, video, etc.), notary public, the authorized officer shall on its own initiative or on the initiative of the person addressed and provide technical and other assistance at the expense of the person who applied for a notary's.
2. In the course of the notary production specialist gives advice in writing or orally, without special research expert nature. 3
. On the involvement of a specialist in a note issued by the document.

Article 47. Requirements for documents, requirements for notarial acts

1. Notary public, authorized officer has taken to carry out notarial acts documents having erasures, dopisannye, Crossed words and other corrections is not whether express, as well as documents, executed in pencil and documents, the text of which can not be read.
2. Text notarized transactions must be written or printed clearly and precisely, the number and dates relating to the content of a document, marked at least once words and names of legal entities - no abbreviations, showing their location, and the name, surname and patronymic of person, the address of his place of residence must be written in full. 3
. The document, which exceeds the amount of a single sheet, the sheets must be bound, numbered and sealed.

Article 48. Making certifying text, issuing certificates and making decisions

1. Certificate transactions, testimony of fidelity copies of documents and extracts from them, the testimony of fidelity translation of documents from one language to another, as well as the testimony of the authenticity of signatures on documents carried labels of identification commission on this in the relevant document under seal.
2. In support of the right of inheritance, property rights, identification of the facts the person being in the living and in a certain place, the identity of the person with the person depicted in the photograph, taking the deposit of documents, certificates of time of presentation of documents issued by the relevant evidence.
3
. In appointing the manager of the estate, and the appointment of expertise to make appropriate decisions.

Article 49 Issue of a duplicate of the lost document, copies of documents and extracts from them

1. Upon written request of individuals and legal entities in respect of or on behalf of which the notarial acts were committed or their representatives in the event of loss of a document issued or certified by a notary public, an authorized officer is issued a duplicate of the lost document, a copy of the document or an extract from the document.
2. Public notaries issue duplicates wills received for storage in accordance with the requirements of this Act. 3
. Copies of notarial documents that are stored in the state notary's office, extracts of which are given in compliance with the rules provided by this Law.

Article 50. Issuance of the Registry for the registration of notarial acts

Notary public, authorized officer gives an extract from the Registry for the registration of notarial acts at the written request of individuals or legal persons request in respect or on behalf of which the notarial acts were committed.

Article 51. Registration of notarial acts

All notarial acts performed by notaries public, authorized officials shall be registered in the Registry for the registration of notarial acts (including the electronic notary registry unified information system). Number under which was registered in the register of notarial action is indicated in the documents issued by these persons and of identification inscriptions.

Article 52. Refusal to perform notarial acts

1. Notary public, authorized officer shall refuse to perform a notarial act in such cases if:
1) shall be subject to the action of the commission of another notary public, authorized official;
2) for a notary's turned incapacitated person, a representative of the person or entity that does not have the relevant powers;
3) the commission of such acts contrary to the requirements of other legislation of Turkmenistan.
2. State notary, authorized officer does not accept for notarial Action documents, if they do not meet the requirements of the legislation of Turkmenistan or contain information discrediting the honor and dignity of citizens.
3
. Notary public, authorized officer, refused to natural or legal person in the commission of notarial acts, at the written request of the person or entity shall set out the reasons for refusal in writing and explain the procedure for its appeal. In these cases, the refusal of notarial acts, not later than five days from the date of application is made by a notary public, an authorized officer by a ruling on refusal to notarial acts.
4. Normative legal acts regulating the activities of diplomatic missions and consular offices of Turkmenistan may establish other grounds for refusal of notarial acts by officials of diplomatic missions and consular offices of Turkmenistan abroad, as well as set a different order of such refusal.

Article 53. Appeal against notary acts or refusal of the commission

1. An interested person who considers wrong committed by a notarial act or refusal of notarial acts shall have the right to file a complaint about it to the court on the territory of the notary public activities.
2. An interested person who considers wrong committed by a notarial act or refusal of notarial acts shall have the right to file a complaint about it to the court on the territory of a notary public activity or place gengesh location. 3
. Complaints wrongfully committed by an official of the diplomatic missions and consular offices of Turkmenistan abroad notarial act or refusal to the commission dealt with in accordance with the legislation of Turkmenistan.
4. Complaints about incorrect certificate of wills and powers of attorney to the wrong witnessing signatures on a statement or denial of their identity officials referred to in paragraphs 1, 3-6 of the first part of Article 37 of this Law, submitted to the court at the location of legal entities in which they work.
5. Complaints to the wrong license will or wrong witnessing signatures on a statement or denial of their captain (commander) of a ship or a vessel navigating in the internal waters, flying the state flag of Turkmenistan, submitted to the court at the place of registration of the vessel.
6. Consideration of such complaints by the court in the manner prescribed by the civil procedural legislation of Turkmenistan.

7. Public notaries, authorized officials are involved in cases of complaints against notary acts or refusal of the commission.



Article 54. Settlement of dispute on the right, based on notarial acts committed

The dispute about the law, based on notarial acts committed, is considered in accordance with the law in the order of action proceedings.

Article 55. The measures taken by public notaries, authorized officials in detecting violations of the law

1. Notary public, authorized officer that the commission of notarial acts revealed violations of the law by citizens or by officials reported to the appropriate prosecutor.
2. If the authenticity of the document is in doubt, a notary public, an authorized officer shall have the right to hold the document and send it to the examination. 3
. Notary public, authorized officer shall submit to the authorized state body on counteraction to legalization of proceeds from crime and terrorist financing information on transactions and operations that cause suspicion in the legalization of proceeds from crime and terrorist financing, as well as subject to mandatory control, in accordance with the legislation of Turkmenistan.

Article 56. Complaints against the notary public is not related to the commission of notarial acts

Complaints against the notary public is not related to the commission of notarial acts, are considered by the Ministry of Justice.

CHAPTER VIII. FEATURES CERTIFICATE TRANSACTIONS


Article 57. Transactions, certified by a notary

1. Notary public, authorized officer, within the powers defined by this law and certify the transaction for which the mandatory notarial form their conclusions established by the legislation of Turkmenistan. At the request of the parties may be certified, and other transactions.
2. When identity transactions within the powers defined by this Law, except for the transactions on alienation and pledge of immovable property situated in Turkmenistan, officials of diplomatic missions and consular offices of Turkmenistan abroad governed by this Law.

Article 58. Clarification of the parties the meaning and value of transactions projects


Notary public authorized official certifying the deal, the parties are required to clarify the meaning and value of transactions prepared projects and to check whether the content of the actual intentions of the parties and does not contradict the requirements of the legislation of Turkmenistan it.

Article 59. Identity of transactions on alienation or mortgage of immovable and other property subject to state registration

1. If notarization of transactions for the alienation or mortgage of immovable and other property subject to state registration of the property belonging checked person who commits or alienation of collateral and the lack of prohibition of alienation or seizure.
Absence of prohibition of alienation or seizure is checked on the basis of a certificate issued by the relevant authority.
2. When identity alienation of immovable property contracts notary public seeks legal documents on the alienated property and defines the powers of the owner on the alienation of the rights belonging to him. 3
. Certification of contracts on alienation and the pledge of immovable property is carried out at the location of said property.
4. A contract of pledge of property (rights to such property), to which the right of ownership or other right shall be subject to state registration, subject to the submission to certify the notary public document confirming the state registration of property (rights to such property) in the name of the pledgor.
5. The mortgage agreement shall be certified by a notary public at the location real estate.
6. In the presence of the prohibition on the property deal about his alienation may be certified only with the consent of the lender and the purchaser on the transfer of debt to the acquirer.

Article 60. Certification of agreements on the construction of a residential house

1. Contracts for the citizens of land for construction of residential houses on the right of private property shall be certified by public notary at the place of land allocation.
2. With certification of contracts, specified in part one of this article, the notary public verifies compliance with the contract requirements of the legislation of Turkmenistan governing the right of citizens for the construction of real estate on the right of private property.

Article 61. Witnesses transaction
1. At the request of parties to the transaction, or the testator at the notarial acts may be involved witnesses who also sign the document.
2. Witnesses may not be the person in whose favor to perform notarial acts.

Article 62. Certification of wills


1. By a notary public shall be certified by an authorized official of the will of capable persons, drawn up in accordance with the requirements of Civil Code and submitted them in person. Certification of wills by proxy is not allowed.
2. If the certificate of the will of the testator does not require the submission of evidence proving his right to bequeath property. 3
. A person who bequeathed the property, at the request of the testator has the right to take part in the preparation of wills.

Article 63. The order changes and cancellations wills

In the case of a notary public, authorized official statements made by the abolition of the will, as well as getting a new will, modify or cancel previously made a will, it is a mark on the probate copy kept by them, and in the Registry for the registration of notarial acts . The signature on the application to amend or revoke a will is to be notarized.

Article 64. Identity of attorney

1. Public notaries, authorized officials may verify the power of attorney on behalf of one or more persons in the name of one or more persons.
2. The power of attorney may be issued for a period not exceeding three years. 3
. If the proxy is not specified period, it shall remain in force for one year from the date of its certification by a notary public, an authorized official. The power of attorney, which does not indicate the date of its certification by a notary public, the authorized official is not valid.
4. A power of attorney issued by way of transfer may be notarized only upon presentation of the basic power of attorney, which stipulates the right of substitution. A power of attorney issued by way of transfer, should not contain more rights than they provided at the main power of attorney. The validity of power of attorney issued by way of transfer shall not exceed the validity of the basic power of attorney on the basis of which it was issued.
5. The power of attorney issued by way of transfer, in addition to general details must be specified date and place of the main proxy certificate.

6. Powers of attorney, certifying the right to manage and dispose of cars and trucks, buses, minibuses, can be decorated by their owners only his close relatives, without the right of substitution. This rule does not apply to persons with disabilities, guardians (trustees) of persons who do not have the ability to manage the road to health, dependents under the contract of life maintenance, and other persons stipulated by normative legal acts of Turkmenistan.

Article 65 Number of copies ascertainable transaction

Number of original copies ascertainable amount of the transaction is determined by the parties, but can not be less than two copies, one of which remains in the notarial practice.

CHAPTER IX. Adopt measures for the protection of the inheritance

Article 66. The duty to report that opens the inheritance

Enterprises, institutions and organizations where the deceased worked or studied, police, housing maintenance organization at the place of residence of the deceased, as well as persons-owners of apartment buildings in which the deceased lived, notaries are obliged to inform the public, officials or gengeshes diplomatic missions and consular offices of Turkmenistan abroad about the availability of the property remaining after the deceased, the heirs who are absent, and they know the data about the place of residence or work prospective heirs.

Article 67. Measures on protection of the inheritance

1. Notary public, authorized officer at the place of opening the inheritance according to the natural or legal persons, or on its own initiative take measures to protect the inheritance, when it is necessary in the public interest, successors, beneficiaries or refusal of creditors.
2. If the property of the testator, or a part thereof are not in the place of opening the inheritance, the notary public, authorized officer at the place of opening the inheritance directs the notary public, authorized officer at the location of inherited property instructed to take measures for its protection.

Article 68. Notification of heirs of inheritance opens

1. Notary public, authorized officer, having received the message that opens the inheritance shall be obliged to inform the heirs, the place where they know they live or work.
If there is a will, containing a bequest, a notary public, an authorized officer must notify legatees, a place where he knows they live or work, the opening of the inheritance by will.

2. Notary public, an authorized officer may also make a call by the heirs or public announcement about it in the press release.

Article 69. Production of the inventory of hereditary property and the appointment of the custodian or guardian

1. For the protection of ancestral property state notary, authorized officer makes an inventory of the property and transfers it to the storage of the heirs or other persons, or appoint a guardian.
2. If there is a part of the inheritance property that requires management, as well as in case of a claim by creditors to the testator to accept the inheritance the heirs, the notary public, the authorized officer shall appoint a property guardian. In areas where there is no notary public, Gengesh appointed guardian of hereditary property and reported to the appropriate public notary's office opened an inheritance and the measures taken for its protection. 3
. Guardian, guardian or other person who deposited with the inherited property, warned about the responsibility for embezzlement, concealment or alienation of ancestral property, as well as liability for damages caused to.
4. If it is impossible to take measures for the protection of inherited property or to carry out an inventory of the hereditary estate notary public, the authorized officer shall draw up a report on the refusal to produce the inherited property to the inventory.

Article 70. Compensation for storage of hereditary property

1. Guardian, guardian or other person who deposited with the inherited property, if they are not the heirs are entitled to receive remuneration for the storage of hereditary property.
2. These persons shall also be reimbursed the necessary expenses for the storage and management of the estate, less actually received benefits from the use of this property.

Article 71. Removal of protective measures with the inherited property

1. Protection of hereditary property extends to all the heirs accept the inheritance, and if it is not accepted - before expiration of the acceptance of the legacy established by the Civil Code of Turkmenistan.
2. In case of termination of measures on inherited property notary public safety, the authorized officer shall first notify the heirs, and if they do not have - a body that has the right to dispose of state property.

Article 72. Issuance of sums of money from the inheritance property


1. Where appropriate, a notary public, an authorized officer to accept the inheritance heirs, and if it is not accepted, then the state before issuing the certificate of inheritance, makes an order for the extradition of the hereditary property of sums of money on:
1) Floor care costs the testator during his illness, and his funeral;
2) the maintenance of the persons who were dependent on the deceased;
3) satisfaction of claims for wages and claims, equal to them;
4) the costs for the protection of inherited property and its management, as well as the publication of the notice of opens inheritance.
2. In the absence of a part of hereditary property of sums of money made available to the extradition of things, the cost of which shall not exceed the amounts actually produced costs.

CHAPTER X. CERTIFICATION
of inheritance

Article 73. Acceptance of statements related to the right to inheritance

Notary public, official diplomatic missions and consular offices of Turkmenistan abroad at the place of opening the inheritance in accordance with the legislation of Turkmenistan receives a written application for acceptance of the inheritance, to issue the certificate of inheritance, the acceptance of inheritance and a certificate of the right inheritance, the refusal of the inheritance the heir, for a certificate on the right to share in the common property of spouses (former spouse) or to take the necessary measures to protect the inheritance and other types of applications.

Article 74. Place and date of issue of the certificate of inheritance

1. Upon written request of the heirs of a notary public, an official of the diplomatic missions and consular offices of Turkmenistan abroad at the place of opening the inheritance shall issue a certificate of inheritance.
2. Issuance of the certificate of inheritance is made within the time stipulated by the Civil Code of Turkmenistan.

Article 75. The procedure for issuing certificates of inheritance

1. Certificate of inheritance issued heirs accepted the inheritance in accordance with the Civil Code of Turkmenistan, filed at the place of opening the inheritance statement for a certificate of inheritance or has actually started to possession or property management, indicating their acceptance of the inheritance.

2. The heirs, who did not accept the inheritance within the period prescribed by the Civil Code of Turkmenistan, may be included in the certificate of inheritance, with the consent of all other heirs who accepted the inheritance. This agreement shall be set forth in writing, prior to issuing a certificate of right to inheritance. 3
. The certificate of inheritance is issued to all heirs together or each one individually according to their wishes.
4. On the issue of the certificate of inheritance in the name of a ward or ward of a minor or incapacitated heir reportedly bodies of guardianship and trusteeship at the place of residence of the heir to the protection of its property interest.
5. When changing the property by right of inheritance to the state certificate of inheritance issued by the Authority.
6. In the presence of the prohibition on alienation of property a certificate of inheritance may be issued with the consent of the lender and the successor (successors) in the transfer of debt to the successor (successors).

Article 76. Conditions for issuing a certificate of inheritance, the heirs under the law

1. When issuing a certificate of right to the heirs of the legacy of the law by reclamation of the relevant evidence heirs verified the death of the testator, the time and place of opening the inheritance, kin or other relationship with the testator, are the basis for recognition of heirs at law, persons who have submitted an application for a certificate of the right to inheritance, composition and location of the ancestral property which is issued a certificate of inheritance.
2. If one or more legal heirs are unable to provide proof of kinship and other relations with the testator, are the basis for the recognition of their heirs at law, they may be included in the certificate of inheritance, with the consent of all other heirs who accepted the inheritance, and provide relevant evidence.

Article 77. Conditions for issuing a certificate of inheritance by will

1. When issuing a certificate of inheritance, bequest by vindication relevant evidence verified by the death of the testator, the existence of the will, time and place of opening the inheritance, composition and location of the inherited property, on which is issued a certificate of inheritance, as well as the established circle of heirs having the right to a compulsory share in the inheritance.
2. If you have legacy invited legatees, it clarifies the content of the legacy and their right to receive shares payable by an heir (heirs).


Article 78. Conditions for issuing a certificate of inheritance in relation to the property subject to state registration

1. If the composition of the ancestral property consists of a house or other real estate, required title document the ownership of an apartment house or other real estate to the testator, reference of the relevant body on the property and its assessment and in the manner prescribed by law, clarifies the state registration of the said property. Thus on the basis of a certificate issued by the relevant authorities to verify the absence of the ban (arrest) the alienation of a dwelling house or other real estate
2. To be included in the certificate of inheritance of other property, subject to state registration (car, etc.), check the documents the ownership of the property to the testator.

CHAPTER XI. Issuing a certificate of ownership. OVERLAP AND REMOVAL OF PROHIBITION expropriated property

Article 79. Licensing the joint application of the spouses (former spouses)

1. Public notaries, officials of diplomatic missions and consular offices of Turkmenistan abroad joint written application of spouses (former spouses) give to one of them or both spouses (former spouses) of the certificate of ownership of the share in the total assets accumulated during the marriage.
2. The flight certificate of ownership of the house, part of a house, apartment, country house, garden house, garage, or other immovable property are issued by public notaries on the location of the property.

Article 80. Issuance of the certificate in the case of death of a spouse

1. In case of death of a spouse certificate of the right to a share in the common property of the spouses is issued at the place of opening the inheritance upon written request of the surviving spouse with a prior notice about it heirs accepted the inheritance.
2. Certificate the right to share in the common property of the spouses may be issued in the name of the surviving spouse to half of the total property acquired during the marriage. 3
. Upon written request of the heirs accepted the inheritance, with the consent of the surviving spouse in the certificate of the right to share in the common property of the spouses may be determined by the share of the deceased spouse in the common property.

Article 81. Issuance of certificates on the right to share in the common property


1. Notary public joint written request of persons having property in joint ownership, after a preliminary determination of the share of each of them gives the person or persons who wish to receive a share in the common property, the certificate on the right to share in the common property.
2. Certificate the right to share in the joint ownership of immovable property located in the common property, referred to in the first part of this article, is issued by public notaries. 3
. Certificate the right to share in the joint ownership of real property issued by its location.

Article 82. Issuance of the certificate of ownership of immovable property in case of liquidation of individual enterprises

Notary public upon written request of the owner after the elimination of the individual enterprise shall issue a certificate of ownership of the immovable property of the liquidated individual enterprise.

Article 83. Issuance of the certificate of purchase of property at public auction

Based on the Act on the sale of real property at public auction the state notary at the location of the real estate buyer gives evidence of the acquisition of real estate with open bidding.

Article 84. Conditions for issuing a certificate of ownership of immovable property

1. Notary public in the issuance of a certificate of ownership requires a title document of the real estate belonging.
2. Notary public vindication by a certificate issued by the appropriate authority shall verify not whether the prohibition of alienation or seizure of property.

Article 85. Imposing prohibitions

1. According to notices of credit institutions or entities to grant individuals a loan for the construction, major repairs and purchase of the house (the house), apartment or for the acquisition of other immovable or other property subject to state registration, as well as the certification of the contract of pledge of property (right to such property) state notary at the location of said property imposes a ban on the alienation of the property.
2. When certified contract on mortgage of immovable and other property subject to state registration (rights to such property), notary public in writing, notify the authorities of registration at the place of its finding as to the identity of such a treaty and impose prohibitions.

Article 86. Removal of prohibitions


Notary Public, having received notice of a credit institution or entity on the repayment of the loan or termination of the contract of pledge of property (rights to such property), removes the ban on alienation imposed in the manner prescribed by part one of Article 85 of this Law, what reports written in property registration authorities.

CHAPTER XII. The testimony of the authenticity of copies of documents and extracts of them, the authenticity of the signature and loyalty TRANSLATION

Article 87. Testimony of fidelity copies of documents and extracts from them

1. Notary public officer authorized in writing testifies fidelity of copies of documents and extracts from them, issued by legal entities and individuals, provided that these documents and their content does not conflict with the legislation of Turkmenistan and have legal value.
Prohibited testimony of fidelity copies of passports, military cards, documents, membership in parties, trade unions and other public associations, deputies of the Mejlis of certificates, members of the Central Commission for Elections and Referendums in Turkmenistan, Peoples Council and gengeshes.
Testimony of fidelity copies of the acts of the supreme bodies of state power and state control of Turkmenistan concerning the personal rights and interests of citizens, is made only in the first state notary offices.
Gengeshes officials who commit notarial acts, may not testify fidelity copies of completion of general education and professional education institutions.
2. Loyalty statements can only be certified by such documents, the content of which concerns certain issues. Extract should contain the full text of the document relating to one or more of the issues set out in the document.

Article 88. Testimony of fidelity copies of copies of documents

Fidelity copy of a copy of the document attested by a notary public, authorized official, provided that the primary loyalty copy attested by a notary or a copy of a document issued by a legal entity, which is based on the original document. In the latter case, a copy of the document shall be made in the form of a legal entity, stamped and have a mark that the original document is a legal entity.

Article 89. Witnessing signatures on the document


1. Notary public, authorized official indicates the authenticity of the signature on the document, the content of which is not contrary to the legislation of Turkmenistan and is not a statement of transactions.
2. Notary public, authorized officer, indicating the authenticity of a signature does not certify the events set forth in the document, but only confirms that the signature is made a certain face.


Article 90. Testimony of a fidelity of translation

1. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad proves faithful translation from one language to another, if he has the relevant languages.
2. If a notary public, an official of the diplomatic missions and consular offices of Turkmenistan abroad does not speak the relevant languages, translations can be made as a translator, and the authenticity of the translator's signature attested by a notary public, an official of the diplomatic missions and consular offices of Turkmenistan abroad.

Chapter XIII. WITNESS THE FACTS

Article 91. Certification of the fact of finding a person alive

1. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad certifies the fact of a person alive. Certification of the fact of finding survivors of the minor or incapacitated person is carried out at the request of his legal representatives (parents, adoptive parents, guardians), as well as institutions and organizations, which is in charge of the minor or incapacitated person.
2. In confirmation of this fact stakeholders certificate is issued.

Article 92. Certification of the fact of finding a person in a certain place

1. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad upon the written request of the person certifies the fact of his being in a certain place. The certificate of the fact of being in a certain place of the minor is based on the statements of his legal representatives (parents, adoptive parents, guardians), as well as institutions and organizations who care for the minor.
2. In confirmation of this fact stakeholders certificate is issued.

Article 93. The certificate of identity face with the person depicted in the photograph


Notary public, official diplomatic missions and consular offices of Turkmenistan abroad certifies the identity of the person with the person depicted in the photograph submitted by that person, in support of which he is issued a certificate.

Article 94. The certificate of time of presentation of the document

1. According to the interested parties the notary public, official diplomatic missions and consular offices of Turkmenistan abroad certify the time of presentation of the document to him. It is not confirmed by the events set forth in the document, but only confirmed the fact of presentation of the document at a certain time (year, month, day, hour, minute).
2. Of identification sign of this is done on the document indicating the name, surname, patronymic present it faces. 3
. If at the same time presented a number of documents, the notarial act is committed in respect of each of them.

Chapter XIV. TRANSFER OF APPLICATIONS
Physical and legal entities. ADOPTION OF MONEY AND SECURITIES DEPOSIT

Article 95. Transmission of applications

1. Transmission of statements of individuals and legal persons to other physical and legal entities is carried out by a notary public in person against a receipt or by e-mail with a return notice. Applications can also be sent using fax, computer networks and other technical means.
2. Notary public at the request of the person who filed the application, gives him a certificate of transfer application.

Article 96. The adoption of the deposit money for the transfer of securities to the lender

1. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad in cases specified by law, receives from the debtor to deposit money and securities to transfer them to the lender.
2. On receipt of the money and securities notified the lender and at his request he issued owed money or securities. 3
. Acceptance of money and securities on deposit at the place of performance of the obligation.

Article 97. Refunds and securities person vnёsshemu their deposit

Return of money and securities person vnёsshemu their deposit is allowed only with the written consent of the person in whose favor the payment is made, or by the court.

CHAPTER XV. MAKING A writ of execution

Article 98. Recovery of sums of money or the delivery of property from the debtor


1. For the recovery of sums of money or the delivery of the debtor's property public notaries, officials of diplomatic missions and consular offices of Turkmenistan abroad perform executive writing on the documents establishing the debt.
2. The documents on which the debt collection is carried out without recourse to the basis of executive inscriptions, the Cabinet of Ministers of Turkmenistan.

Article 99 Conditions for making executive inscriptions

1. Executive inscription is made in the following cases:
1) if the submitted documents confirm indisputability debt or other liability of the debtor before the claimer;
2) if the date of occurrence of the right to sue was not more than three years, and in the relationship between the legal entities - less than one year.
2. If the claim for which issued the executive inscription, the legislation of Turkmenistan established a statute of limitations, the executive inscription is issued within this time limit.

Article 100. The content of writ

Executive inscription must contain:
1) position, surname, name and patronymic of the person committing the executive inscription;
2) the name and address of the claimant;
3) the name and address of the debtor;
4) designation of the term for which the penalty is carried out;
5) designation of amounts recoverable, or things to be requisition, including penalties and interest, if any, are owed;
6) designation of the state fee amount paid by the collector or to be recovered from the debtor;
7) the date (year, month, day) commit the executive inscriptions;
8) number under which the executive inscription is registered in the Registry for the registration of notarial acts;
9) the signature of the person who committed the executive inscription notary public seal.

Article 101. The order for recovery of the executive inscriptions

Penalty for executive endorsement made in the manner prescribed by law on enforcement proceedings for the enforcement of judgments.

Article 102. The term of presentation of writ

1. In the case where the collector or the debtor is an individual, the executive inscription can be presented for enforcement within three years from the date of the transaction, and all other requirements - for one year, unless the legislation of Turkmenistan does not stipulate other terms.
2. Renewal of the term for submission of executive endorsement made in accordance with the civil procedure laws of Turkmenistan.


CHAPTER XVI. MAKING A protest of a bill, the presentation of checks for payment and certification of non CHECKS

Article 103. The protest bills

Protest the bill non-payment, non-acceptance and acceptance nedatirovanii made by a notary public in accordance with the law of the bill.

Article 104. Acceptance of checks for presentment for payment and certification of non payment checks

1. The public notary at the location of the payer receives for presentment for payment checks presented at the end of ten days, and foreign checks - within six months from the date of issue of the check, but not later than 12 hours following the date of this period.
2. In case of non receipt notary public certifies the non-payment of the check by writing on the receipt in the prescribed form and make a note of it in the Registry for the registration of notarial acts. Simultaneously with the inscription on the check notary public sends notification drawer about non-payment of its receipt by the bank and committing the inscription on the check. 3
. In case of non receipt notary public at the request of the holder of the check makes the executive inscription.

CHAPTER XVII. ACCEPTANCE FOR STORAGE OF DOCUMENTS


Article 105. Adoption of the deposit of documents

1. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad takes storage inventory documents. One copy of the inventory remains a notary public, issued another instance the person who passes the documents for safekeeping.
2. At the request of the person notary public, official diplomatic missions and consular offices of Turkmenistan abroad may receive documents and securities without an inventory, if they are properly packaged manner (packaging sealed by the notary public, signed by a notary public and the person who passed the documents and securities). Packaging is sealed and signed by a notary public, an official of the diplomatic missions and consular offices of Turkmenistan abroad, and signed by the person who passed the documents. In such cases, a notary public, an official of the diplomatic missions and consular offices of Turkmenistan abroad is responsible for the safety of the package. 3
. A person who passes the documents for storage, a certificate is issued.

Article 106. Return accepted for storage of documents

The documents adopted at the store, who passes them back to the store or authorized person upon presentation of a certificate or a copy of the inventory issued by a notary public or by a court decision.


Chapter XVIII. MAKING A sea protest

Article 107. Statement of sea protest

1. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad are taking in order to obtain evidence for the protection of the rights and legitimate interests of the shipowners' application captain (commander) of the vessel about an incident that occurred in swimming during or parking of a vessel which can be the basis for making property requirements for the shipowner.
2. Statement of sea protest shall contain a description of the circumstances of the incident and the measures taken by the captain (commander) to safeguard the property entrusted to him. 3
. In confirmation of the circumstances set out in the statement of sea protest, the captain (commander) of the vessel in accordance with the law at the same time with the submission of the application, or not later than within seven calendar days from the date of call to the port of Turkmenistan or of the incident, if it took place in port must submit a notary public, official diplomatic missions and consular offices of Turkmenistan abroad to review the logbook and certified captain (commander), an extract from the ship's log.

Article 108. The order and terms of application of sea protest

1. Statement of sea protest in the port of Turkmenistan is served notary public in accordance with the law, and in a foreign port -dolzhnostnomu face diplomatic missions and consular offices of Turkmenistan abroad or competent official of a foreign state in accordance with the legislation of that State.
2. Statement of sea protest served if the incident happened in the seaport - within twenty-four hours after the incident and during the navigation of the ship - for twenty-four hours from the time of arrival of the vessel or the captain (commander) of the vessel in the first sea port after the incident . 3
. Failing presentation of a protest in due time the reasons for this should be indicated in the statement of sea protest.

Article 109. Making the act of sea protest


Notary public, official diplomatic missions and consular offices of Turkmenistan abroad on the basis of the statement of captain (commander) of the vessel, the ship's log data, as well as a survey of the captain (commander) and, if possible, at least two witnesses from among persons of team the composition of the vessel and the two witnesses of the crew of the act on sea protest and assured him of its signature and stamp. One copy is issued to the captain (commander) of the vessel or person authorized by him.


CHAPTER XIX. Providing evidence

Article 110. Providing evidence required in the event of a case in court or other competent authority

1. At the request of interested parties the notary public, official diplomatic missions and consular offices of Turkmenistan abroad provides the evidence needed in case of a case in court or other competent authority, if there is reason to believe that presentation of evidence thereafter would be impossible or difficult.
2. It does not provide evidence in cases which at the time interested parties refer to the notary public are in the court or other competent authority.

Article 111. Actions to secure evidence

1. In order to provide evidence of a notary public, an official of the diplomatic missions and consular offices of Turkmenistan abroad polls individuals inspects documents and objects, appoints examination if necessary.
2. When the proceedings to secure evidence notary public, official diplomatic missions and consular offices of Turkmenistan abroad guided by the relevant rules of civil procedure legislation of Turkmenistan. 3
. Notary public, official diplomatic missions and consular offices of Turkmenistan abroad announces the time and place and provide evidence of the parties concerned, but their absence is not an obstacle for the implementation of actions to secure evidence.
4. Providing evidence without notice to one of the parties and interested persons shall be only in cases of urgency, or when it is impossible to determine who would later participate in the case.

5. In the case of non-appearance of a witness or an expert on call notary public, official diplomatic missions and consular offices of Turkmenistan abroad notify the court of the place of residence of the witness or expert to take measures stipulated by the legislation of Turkmenistan.

SECTION IV. Application of this law on foreign nationals, stateless persons and foreign legal persons. APPLICATION OF LAWS OF FOREIGN COUNTRIES.

INTERNATIONAL AGREEMENTS
Article 112. Application of the Law on foreign nationals and stateless persons as well as legal entities of foreign states

Foreign citizens, stateless persons and legal entities of foreign countries have equal rights with citizens and legal entities of Turkmenistan the right to appeal in the territory of Turkmenistan for notarial acts by a notary public, authorized officers in accordance with this Law and other normative legal acts Turkmenistan.

Article 113. Application of a notary public law of other states and international law

1. Notary public applies the rules of law of foreign states and international law in accordance with the normative legal acts and international treaties of Turkmenistan.
2. Public notaries accept documents drawn up in accordance with the legislation of foreign states, as well as commit certifying text in the form provided by the legislation of foreign states, unless it is contrary to international treaties of Turkmenistan.

Article 114. Application of the legislation of Turkmenistan to the inherited property protection of a foreign citizen or stateless person, and issue the certificate of inheritance of such property. Power of attorney for performing activities outside Turkmenistan

1. Actions related to the protection of property located on the territory of Turkmenistan and the remaining after the death of a foreign citizen or stateless person, or remaining after the death of the citizen of Turkmenistan, heir who is a foreign citizen or stateless person, as well as the appointment of a trustee inheritance and certificate of the right to such property inheritance, perpetrated in accordance with the law.

2. Certified by a notary public, authorized official authorization intended to commit acts outside Turkmenistan, contains no indication of the period of its validity, it remains in force until the abolition of the person who issued a power of attorney.

Article 115. Adoption of a notary public documents drawn up outside Turkmenistan

Documents drawn up outside Turkmenistan officials of the competent authorities of other states, as well as documents originating from them, taken by public notaries subject to their legalization by the Ministry of Foreign Affairs of Turkmenistan, unless otherwise provided by this Law, other normative legal acts and international treaties Turkmenistan.

Article 116 of the State Notary interaction with judicial authorities of foreign states

1. Public notaries perform passed to them in the prescribed manner the order of judicial authorities of foreign countries for legal assistance in the commission of notarial acts, except if they:
1) contrary to the sovereignty of Turkmenistan or threaten its national security;
2) does not fall within the competence of a notary public;
3) contrary to the legislation of Turkmenistan.
2. Execution of orders of foreign countries of judicial authorities for legal assistance in the notarial acts performed by notaries public in accordance with the law and international treaties of Turkmenistan. 3
. Notary public may apply to the judicial authorities of foreign states with the requests for legal assistance in the manner established by normative legal acts and international treaties of Turkmenistan.

Article 117. Providing evidence needed to conduct business in the bodies of other states

Notary Public provides the evidence needed to conduct business in the bodies of other states.

Article 118. International treaties

If an international treaty of Turkmenistan within the competence of the commission of a notary public notary actions not envisaged by the legislation of Turkmenistan, state notary performs notarial acts in accordance with the procedure established by the Ministry of Justice.

SECTION V. FINAL PROVISIONS

Article 119. Entry into force of this Act

1. This Law shall enter into force on 1 January 2016.
2. Are repealed from the date of entry into force of this Act:
1) Law of Turkmenistan "On the State Notary", adopted on 30 April 1999 (Bulletin of the Mejlis of Turkmenistan, 1999, number 1, item 9).

2) Part VIII of the Law of Turkmenistan «About introduction of amendments and additions to some legislative acts of Turkmenistan" adopted on July 2, 2009 (Bulletin of the Mejlis of Turkmenistan, 2009, № 3, p. 45). 3
. Until bringing the laws and other normative legal acts of Turkmenistan in accordance with this Act to the extent they act, they do not contravene this Law.


President Gurbanguly Berdimuhamedov of Turkmenistan



Mountains. Ashgabat
18 August 2015
number 262-V.