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On Enforcement Proceedings And Status Of Court Bailiffs

Original Language Title: Об исполнительном производстве и статусе судебных исполнителей

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About executive production and the status of judicial executors


(Bulletin of the Mejlis of Turkmenistan, 2014, № 4, p. 136)

(With amendments and additions introduced by the Law of Turkmenistan
from 18.08.2015, № 269-V and 375 of 03.26.2016 number-V)

This Law determines organizational and legal basis for conducting enforcement proceedings in Turkmenistan, as well as the status of judicial executors.

Section I. GENERAL PROVISIONS

Article 1. Legislation on Enforcement Proceedings and Status of Court Bailiffs

1. Legislation on Enforcement Proceedings and the status of judicial executors based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan, regulatory enforcement proceedings and activities of bailiffs.
2. If an international treaty of Turkmenistan establishes rules other than those provided for in this Act, the rules of the international treaty.

Article 2. The executive bodies

Execution of judgments of the court and the competent authorities (officials) is assigned to the bailiffs of the Office for the organization and control of the activities of bailiffs of the Supreme Court of Turkmenistan and its departments in the provincial courts and courts of cities with the rights of velayat and etrap courts and courts of cities with the rights of etraps.

Article 3. Objectives of enforcement proceedings

The objectives of the enforcement proceedings are mandatory and timely execution of the relevant parts of decisions and resolutions on civil, arbitration and administrative proceedings, judgments, rulings and decisions in criminal cases on hold payments from the property, as well as performance in the cases provided for in this Act and Turkmenistan's international agreements, decisions and resolutions of other bodies, court decisions, arbitration of foreign countries in accordance with the legislation of Turkmenistan.

Article 4. Scope of the law on enforcement proceedings

1. The executive action by enforcement proceedings are carried out in accordance with the law in force at the time of execution.
2. Enforcement proceedings in the territory of Turkmenistan on the executive documents of foreign countries is carried out in accordance with the law, unless otherwise provided by international treaties of Turkmenistan.

Article 5. Language enforcement proceedings

1. In Turkmenistan, judicial enforcement is conducted in the state language.

2. For parties who do not speak the language in which conducted the judicial enforcement proceedings, are guaranteed the right to give explanations, submit petitions, lodge complaints and to get acquainted with the enforcement proceedings in their native language or another language which they know, and in the manner defined by this Law, to be interpreter.

Article 6. Types of documents execution proceedings

1. Documents enforcement proceedings are the following:
1) executive acts issued on the basis of decisions, judgments, rulings and orders of courts (judges), as well as global agreements, approved by the courts, arbitration decisions, decisions of international courts, arbitration courts and courts of foreign States;
2) executive inscriptions bodies performing notarial acts;
3) orders of the courts of Turkmenistan for arbitration cases;
4) is not paid in a timely manner and to accept the payer payment orders;
5) certificate issued on the basis of the Commission's decisions on labor disputes or regulation of trade unions;
6) Resolution of cash payments, issued by the Commissions on Minors;
7) the decision to recover payments from the citizens in an indisputable order issued by the administrative authorities and officials;
8) decisions of officials of the bodies authorized to consider cases on administrative offenses;
9) gengeshes decision on recovery of damages caused to citizens, enterprises, institutions, organizations, non-governmental organizations, adopted within their powers;
10) Resolution of the prosecutor forced eviction of citizens, illegally occupied dwelling or living in poor dwelling;
11) The agreement on the payment of alimony;
12) other documents stipulated by the legislation of Turkmenistan to be executed.
2. If you have any question about the membership or non-execution of documents for the issue settled by the judge. 3
. In case of loss of the original executive document is the basis for the execution of a duplicate issued in the order established by this Law, the authority which issued the act.

Article 7.Soderzhanie writ

1. The writ of execution shall be specified:
1) name of the court issuing the writ of execution;
2) business, enforceable;
3) the date of the decision;
4) The final part of the solution (indicated verbatim);
5) the date of entry into force of the decision;
6) the date of issue of the writ;

7) name, surname, date and place of birth, adresa claimant and the debtor's place of work or school, place of receipt of pensions; if they are legal entities, the data of current accounts, bank details; if the damage inflicted the commission of a crime, the article states, in which the debtor is convicted; in cases of alimony shall indicate the name, day, month and year of birth of the child, who should be paid alimony.
2. The writ of execution shall be signed by a judge, court secretary and the seal of the court. 3
. The content of executive documents issued by other bodies and officials, determined by the relevant legislation of Turkmenistan.
4. If the judgment to be enforced, is in doubt, the bailiff has the right to ask the Court hearing the case, to explain the decision. A bailiff has the right to demand explanations and other executive documents, enforceable, the outstanding of their bodies and officials.

Section II. Bailiffs

Article 8. The bailiff

1. Bailiff - that the official person in the public service and fulfill its statutory tasks on the execution of judicial acts and acts of other bodies.
The judicial executor is entitled to take measures to ensure the execution of executive documents on its own initiative and at the request of the creditor is obliged to take such measures.
2. Bailiffs are made in the composition of the courts and shall be appointed:
1) Bailiffs of the Supreme Court of Turkmenistan, the Arbitration Court of Turkmenistan, provincial courts and courts of cities with the rights of velayat - Chairman of the Supreme Court of Turkmenistan on the proposal of the Chief of the Office for the organization and control of the activities of bailiffs the Supreme Court of Turkmenistan;
2) Bailiffs of district courts and courts of cities with the rights of etrap by the Chairman of the courts - chairmen of provincial courts and courts of cities with the rights of velayat in coordination with the Supreme Court of Turkmenistan. 3
. If the courts are two or more bailiffs, one of them is assigned a senior bailiff and supervises the activities of other bailiffs.

Article 9. Control over the activities of bailiffs

Control over the activities of bailiffs carried out the Office for organizing and monitoring the activities of bailiffs of the Supreme Court of Turkmenistan, departments provincial courts and courts of cities with the rights of velayat and the relevant courts.

Article 10. Requirements for the bailiff


1. Bailiffs may be appointed a citizen of Turkmenistan who has attained the age of twenty-three years old, has a law degree, an appropriate professional requirements of the legislation of Turkmenistan, capable in their professional and personal qualities to fulfill its responsibilities, the last professional certification.
2. Bailiffs are provided by a single sample of clothing, distinctive signs, approved by the authorized body.

Article 11. Income security and social protection of bailiffs

1. Bailiffs in accordance with normative legal acts of Turkmenistan are assigned ranks.
2. The procedure for assignment of class ranks bailiffs and size of additional payments for them are established by the Cabinet of Ministers of Turkmenistan. 3
. Financial support bailiffs exercised by the Supreme Court of Turkmenistan.
4. Failure to comply with the legitimate demands of the bailiff or hindering their performance, compromising the bailiff or his family members in connection with official activities, the threat of use of force or violence to life, health, property, and other actions that impede the implementation of official duties bailiff entail liability established the legislation of Turkmenistan.
5. When obstructing entry by presenting the business card in the building, room, or on the territory of enterprises, institutions, organizations regardless of ownership, as well as in the living room or other buildings in which the property is located the debtor, or other legitimate activities of the bailiff, the bailiff is on this act and materials sues at the place of enforcement actions to address the issue of bringing the perpetrators to justice in accordance with the legislation of Turkmenistan.
6. Bodies of local executive authorities are obliged to ensure a well-maintained housing bailiffs in need of better housing conditions.
7. In the case of the death of a bailiff, consisting on the account to improve housing conditions, while on duty a member of the family of the deceased is entitled to consist on the account for the living space of the public housing stock in accordance with the legislation of Turkmenistan.

Article 12. The work of bailiffs in combination

Bailiffs may not engage in any other paid work except teaching and research activities.

Article 13. Rights bailiffs

The bailiffs have the right to:

1) make rulings on matters given to the execution;
2) to draw up protocols on administrative violations;
3) in the course of enforcement actions to make proposals to the court about the search of the defendant, the debtor in cases related to the deferred division or period of performance, and the change in the method of execution of the order, as well as alimony, child reclamation, causing harm to life and health person, causing damage to the state and other matters related to property;
4) summon citizens and officials on the executive documents in proceedings;
5) exercise control over the execution of executive documents in institutions, enterprises, organizations regardless of ownership, including individuals engaged in entrepreneurial activities without forming a legal entity;
6) to give instructions for the implementation of individual enforcement actions;
7) enter into the presence of witnesses, representatives of housing and operating agencies or local governments in the premises occupied or owned by the debtors, as well as others, if there is evidence to support the finding of them belonging to the debtor's property, and in case of need - forced open the premises and facilities, to inspect;
8) to be taken without delay leaders and other officials of the institutions, enterprises, organizations regardless of ownership on matters related to the execution of executive documents;
9) to produce photographing and video recording of the identified assets;
10) nalagat seizure of cash and securities of the debtor, in banks, in accordance with the legislation of Turkmenistan;
11) to impose a temporary arrest to ascertain the ownership of the property subject to the rules provided by this Law;
12) to seize the debtor's property, to describe, to seal, withdraw, transfer to storage and to implement it in accordance with the legislation of Turkmenistan;
13) in the manner prescribed by law, to use trucks for the creditor and the debtor transportation, premises of enterprises, institutions and organizations - rip it to hold property;
14) make proposals to the relevant authorities to bring to justice those who deliberately evade the execution of judicial decisions;
15) when the need arises in the execution of executive documents charging bailiffs other districts and towns with the rights of the individual district of conducting enforcement actions;

16) to carry out other actions provided for by the legislation on enforcement proceedings.

Article 14. Rights of senior bailiffs in the exercise of executive actions

1. Rights senior bailiff, except as provided in Article 13 of this Law are as follows:
1) the organization and management of the relevant judicial executors;
2) carrying out the relevant work for the timely and full execution of court orders;
3) approval of the decrees and acts of the bailiff;
4) organization of the debtor search, his property or the child and the defendant on the basis of court decisions;
5) deciding section paid money between claimants;
6) use other rights stipulated by this law.
2. On senior bailiff assigned duties provided for in Article 15 of this Law.

Article 15. Duties of the bailiffs

The bailiff is obliged to:
1) The determination and decision of the court for interim relief;
2) to provide the parties or their representatives the opportunity to get acquainted with the materials of enforcement proceedings, to make extracts from them, make copies;
3) to consider applications under the executive production and circulation of the parties and to take decisions on them;
4) to clarify the rights and obligations of the parties in the course of implementation;
5) avail himself of his rights in accordance with this law, preventing its activity in violation of the rights and legitimate interests of individuals and legal entities;
6) to carry out other actions provided for by the legislation of Turkmenistan on enforcement proceedings.

Article 16. Appeal and the offering of submission to the actions of bailiffs

1. Actions bailiff for execution of the decision or refusal of such actions can be challenged by the collector or the debtor, as well as they can be brought by the prosecutor show.
Complaint or representation can be brought within ten days after the bailiff acts complained of, or after the notification of individuals who have not been notified of the time and place of action carried out to the court at which the bailiff operates, or a higher authority in the subordination order.
2. Complaint or representation of the actions of the bailiff is considered in the court according to the civil procedural legislation of Turkmenistan. The time and place of the meeting is reported to the claimant, the debtor and the prosecutor vnёsshemu view of their failure to attend the meeting may not be an impediment to the complaint or representation.
3
. On the definition on the bailiff's actions rendered by a court private complaint can be filed and made a private presentation.

Article 17. Resolution bailiff

1. If the decisions taken by a bailiff in the exercise of executive actions (suspension, the return of the executive production, etc.) affect the interests of the parties to the enforcement proceedings and other persons, the bailiff shall issue the corresponding resolution, which shall be attached to the materials of enforcement proceedings.
2. The decision of the bailiff must be specified:
- date and place of a ruling;
- Position, surname, name and patronymic of the person who made the decision;
- Enforcement proceedings, in which an order is made;
- The essence of the issue;
- The basis for a decision by reference to the law and other regulatory legal acts of Turkmenistan, used a bailiff;
- Finally, on the issue;
- Procedure and terms of appeal or of bringing the decision on the submission. 3
. The decision not to institute enforcement proceedings shall include the name and number of the executive document.
4. The bailiff may, at its own initiative or at the request of the person participating in the enforcement proceedings to correct countable or other errors in judgment.
5. bailiff's judgment may be set aside the decision of the President of the Supreme Court of Turkmenistan, his deputies, the head of department for the organization and control of the activities of bailiffs of the Supreme Court of Turkmenistan, chairmen of provincial courts and courts of cities with the rights of velayat, their deputies, as well as the appropriate court when bringing a complaint or representation .

Article 18. Appeals against decisions of the judicial executor and bringing representation

1. bailiff Decision on enforcement orders may be challenged by the collector or the debtor within ten days after receipt of the notification to the court at which the bailiff operates, or to a higher authority in the order of subordination.
2. At the bailiff's decision of the prosecutor may be brought by submission in the manner provided in this Act.

Article 19. Obligation to meet the requirements of the bailiff

1. Requirements bailiff within its powers are binding on natural and legal persons on the territory of Turkmenistan.

2. Information, documents and copies required the bailiff for the execution authority in the prescribed manner shall be subject to the provision of free of charge at the request of a bailiff. 3
. Failure to comply with a bailiff, as well as obstruction of its powers it shall entail liability under the legislation of Turkmenistan.

Article 20. Social protection of bailiffs

1. The State shall guarantee social protection for bailiffs.
2. In the case of the death of a bailiff in connection with the performance of official duties shall be paid a lump sum benefit in the manner and amount defined by the Labor Code of Turkmenistan. 3
. Compensation for damage caused to health and property of bailiffs in connection with the performance of their duties, shall be in accordance with the law.
4. In carrying out their duties bailiffs free use of public transport (except taxis), a well as for travel on official business have the right to an extraordinary purchase of tickets for air, rail, sea and river transport.

Article 21. Responsibility of court ispolniteley

1. Admission bailiff offenses or improper performance of official authority entails responsibility established by the legislation of Turkmenistan.
2. The damage caused by unlawful actions of the executive bailiff shall be compensated in accordance with the legislation of Turkmenistan.

Article 22. The powers of the Office for the organization and control of the activities of bailiffs of the Supreme Court of Turkmenistan

1. Office organization and control of the activities of bailiffs of the Supreme Court of Turkmenistan (hereinafter - Office) carries out its activities in accordance with the Regulations, approved by Order of the Chairman of the Supreme Court of Turkmenistan.
2. The order of promotion and disciplining of staff management is established in accordance with the Regulations. 3
. Management provides accounting and storage of materials of enforcement proceedings in accordance with the law. Preparation of executive and other documents of the executive production is only possible on the basis of a court decision or in accordance with the requirements of the Criminal Procedure Code of Turkmenistan.
4. The procedure for opening, keeping, accounting executive production and storage of materials is determined by the Regulations approved in accordance with the law

5. management staff, with the participation in the enforcement proceedings shall enjoy the rights and privileges provided for bailiffs.

Article 23. Departments of organizing and monitoring the activities of bailiffs provincial courts and courts of the city with the rights of velayat

1. Departments in organizing and monitoring the activities of bailiffs provincial courts and city courts with the rights of velayat:
1) carry out the organization and supervision of the relevant judicial executors;
2) organize the execution of the orders, guidelines and instructions;
3) consider complaints and appeals of individuals and legal entities against actions of bailiffs;
4) organize management of statistical report and archival work on department activities;
5) carry out the enforcement proceedings in the manner provided in this Act;
6) carry out other activities stipulated by the legislation of Turkmenistan.
2. Employees of the department, with the participation in the enforcement proceedings shall enjoy the rights and privileges provided for bailiffs.

Article 24. Funding and logistical support activities of bailiffs

1. Funding and logistical support to the activities of bailiffs carried out at the expense of the State budget.
2. Bailiffs in the prescribed manner provided special vehicles.

Article 25.Udostoverenie bailiff

Bailiffs Turkmenistan issued service certificates, samples of which are approved by the President of the Supreme Court of Turkmenistan.

Section III. EXECUTIVE PRODUCTION

CHAPTER I. EXECUTIVE DATE
PRODUCTION

Article 26. Issuance of a writ of execution

1. The writ of execution issued by the court to the claimant after the judgment becomes enforceable, or at his request sent directly to the court for enforcement, unless a writ of execution shall be subject to immediate execution.

2. The bailiff on his own initiative sends a writ of execution for enforcement in cases of confiscation of property, cash compensation in favor of the state, compensation for damage caused to property of legal entities regardless of ownership in connection with the commission of a crime, the recovery of maintenance, compensation for harm caused to the injury, occupational disease or other damage to health in the performance of job duties, as well as death of a breadwinner, cash collection from the officials responsible for the illegal dismissal of the employee, or transfer to another job, as well as non-fulfillment of judicial decisions for reinstatement or positions, reported by, respectively, financial authorities or the claimant. 3
. For each decision is issued a writ of execution. If the execution writ of execution must be carried out in different locations, or if the decision was made in favor of several plaintiffs or against several defendants, the court at the request of the claimant may issue several writs of execution, at the same time it has to pinpoint the place of performance on the writ of execution or executed part of the decision on this court order.
4. At the request of the claimant on the basis of the judgment or decision on the recovery of solidarity with the defendants in accordance with their number can be issued several writs of execution. Each executive sheet total debt should be specified, lists all solidary defendants and contains the responsibility of each of them.

Article 27. Terms of executive documents for execution

1. Executive documents can be provided for the enforcement of the following dates:
1) writs and orders of the courts, issued on the basis of court decisions - for three years;
2) court rulings handed down in cases of administrative offenses - within a year, unless other terms;
3) The decisions of the courts of the enforcement of decisions of bodies (officials) authorized to consider cases on administrative offenses - within one year;
4) The decision of the prosecutor, orders for arbitration cases - within three months;
5) timing of orders and other executive documents, listed in Article 6 of this Law, determined by the relevant legislation of Turkmenistan.
2. These terms shall be calculated as follows:

1) in the performance of writs of execution issued on the basis of court decisions regarding property claims, - the day after the court decision into legal force, or the end of the deadline set at the delay or installment of execution of the judgment, and in cases where the the judgment is subject to immediate execution - from the day following the day of its issuance;
2) according to the judgments handed down in cases of administrative offenses and all other executive documents - from the day following the day of issue. 3
. The provisions for the recovery of periodic payments (alimony, compensation for harm caused to injury or other impairment of health, etc.), enforcement documents are valid for the entire time for which payments are awarded. In these cases terms are calculated separately for each payment.

Article 28. Suspension of the period of the executive document, submitted for execution

1. Upon presentation of the executive document for execution during the period shall be interrupted in the following cases:
- upon presentation of the executive document for implementation;
- In case of partial execution debtor solutions.
2. After a break during the term begins again, and the time elapsed before the interruption is not counted in the new term. 3
. In the case of the return of the executive document to the collector due to the impossibility of full or partial recovery for him a new period shall be calculated from the date of return of the document to the claimant.

Article 29. Renewal of the term for the presentation of the executive document for execution

1. The claimant, who missed the deadline for submission to the execution of the executive document, may apply to the court which rendered the decision or the court at the place of execution of a statement on the restoration of the missed deadline. The application is considered at the session of the court in an order certain procedural legislation. The time and place of the meeting informed the persons involved in the case, but their absence does not interfere with the decision of the reinstatement of the missed deadline. In the determination made by the court on the issue of restoration of the missed deadline may be brought complaint or representation.
2. If the court recognizes as valid the reasons for missing the deadline for submission to the execution of the executive document the term may be restored.

Article 30. Adoption of the production of the document to be executed

1. The bailiff after entry into his executive document that meets the requirements established by law, no later than three days to initiate enforcement proceedings and shall render a ruling.

2. At the same time the bailiff takes measures to ensure the execution of executive documents stipulated by this Law. 3
. In this case the bailiff for voluntary execution of the executive document on reasonable written request of the debtor appoints five days from the day of initiation of enforcement proceedings, with the exception of executive documents subject to immediate execution.
4. Since the enforcement proceedings referred to in the first part of this article, for late payment under the legislation of Turkmenistan, a penalty (fine) is not charged.

CHAPTER II. MEMBERS OF THE EXECUTIVE


Article 31. Parties and other persons involved in the enforcement proceedings

1. Parties involved in the enforcement proceedings, are considered to be the claimant and the debtor. Persons participating in the enforcement proceedings, are considered the parties and their representatives. Powers of representative executed in accordance with the requirements of the legislation of Turkmenistan.
2. Natural or legal person in whose favor or on whose behalf the document issued by the executive is the claimer. 3
. A natural or legal person required to fulfill the requirements provided for in the document, is a debtor.
4. In enforcement proceedings can participate multiple claimants or debtors. Each of them is involved in the enforcement proceedings by itself or may delegate to represent their interests in the executive production of the other party, except when under the executive document on the debtor imposed obligations, which can be done only himself.
5. Where necessary in order to ensure strict enforcement of court decisions and other bodies in accordance with the law in this activity may be involved police officers, doctors and members of other relevant bodies.

Article 32. Rights and obligations of the parties to the enforcement proceedings


1. Parties to enforcement proceedings shall be entitled to get acquainted with the executive production of the materials, make extracts, make copies, to provide additional materials, to petition, to participate in the commission of executive actions, give oral and written explanations in the course of the commission of executive actions, present their arguments and opinions on all matters arising in the course of enforcement proceedings, oppose the motions and arguments of other persons involved in the enforcement proceedings, to file objections, to appeal actions and decisions of the bailiff for enforcement proceedings.
2. The parties to the enforcement proceedings, shall enjoy all the rights granted to them, as well as the obligation to comply with the legislation of Turkmenistan on enforcement proceedings.

Article 33. Succession in enforcement proceedings

1. If necessary, replace the debtor (the death of a citizen, a legal entity reorganization, assignment of the claim transfer of debt), the bailiff must send a submission to the court which rendered the decision, with the proposal to make a determination of the debtor is replaced by its successor.
2. For the successor all acts committed before its entry into enforcement, are required to the extent that they were binding on the debtor.

Article 34. Participation in enforcement proceedings the parties' representatives

1. Individuals can participate in the enforcement proceedings in person or through representatives. The personal involvement of an individual in the enforcement proceedings did not deprive him of the right to have a representative. If the executive document on the debtor's responsibilities, which it can only fulfill himself, the debtor is not entitled to act through a representative.
2. The participation of organizations in the enforcement proceedings through their bodies, which operate within the powers granted to them by laws and other normative legal acts of Turkmenistan, as well as the founding documents or through representatives of these bodies. 3
. Powers of representative certified power of attorney issued and executed in accordance with the civil legislation of Turkmenistan.
4. The representative of the executive production of the right to perform on its behalf all actions related to the enforcement proceedings.
5. The power of attorney issued to the representative of a party executive proceedings should be specifically his authority to commit the following:
1) the presentation and review of the executive document;
2) the transfer of authority to another person (delegation);

3) appeal the actions of the bailiff;
4) obtaining awarded property (including cash);
5) the conclusion of a settlement agreement.
6. Persons under eighteen vozrasta, or under guardianship can not be members of the executive production.
7. The judges, investigators, prosecutors, deputies, members of the enforcement proceedings bodies and courts may not be representatives in the enforcement proceedings, except in the case of their participation in the enforcement proceedings as legal representatives.
8. There can not be a representative of a person who has or has had a previous legal assistance to persons whose interests are contrary to the interests of the case represented, and is a relative of an employee of the body of the executive production.

Article 35. Legal representatives

1. The rights and legitimate interests of minors and persons recognized by court as incapable or partially capable, in the enforcement proceedings to protect legal representatives - parents, adoptive parents, guardians or trustees, who are a bailiff documents certifying their powers. Legal representatives make on behalf of all the actions submitted, the right to the commission of which belongs submitted to the restrictions provided for by law.
2. In enforcement proceedings, which involved a person declared missing by a court, as his representative are the persons who transferred the management of the property of the missing and designated representatives in the manner prescribed by the civil legislation of Turkmenistan. 3
. If enforcement proceedings are involved as a representative of the heir or executor testamentary trustee inheritance, then this is reported in the prescribed manner to the heir of the deceased person, or is declared dead.
4. Legal representatives may entrust part in enforcement proceedings to another person of their choice as a representative.

Article 36. Participation of translator in the enforcement proceedings

1. When the commission of executive actions the parties to the enforcement proceedings on its own initiative or at the request of the judicial executor may invite an interpreter.
2. The interpreter can not be any interest in the outcome of the executive production of full age capable person, know the language, knowledge of which is necessary for the transfer.
3
. A person who requires an interpreter, a bailiff is available for a certain period of his invitation. If he does not provide an interpreter participating in the prescribed period, the translator may be appointed a bailiff decree.
4. Translator has a right to remuneration for work performed. The remuneration paid to him relates to the cost of the commission of executive actions.
5. In the case of a deliberately wrong translation translator prosecuted in accordance with the law. About the same time he warned in writing a bailiff.

Article 37. Participation of witnesses in enforcement proceedings

1. Executive action can be carried out with the participation of at least two witnesses.
2. Participation of witnesses necessary in the following cases:
1) at the request of the creditor or the debtor;
2) for an order of the universe, or eviction, or activities related to detention, arrest and transfer of the debtor's property, opening his dwelling, premises and storage, production inspection, as well as other actions provided for by the legislation of Turkmenistan. 3
. As witnesses, any adult able-bodied persons who are not interested in the outcome of enforcement actions may be invited.
4. Close relatives of the parties, the court bailiff and the employee may not participate as witnesses.
5. Before the start of enforcement actions involving witnesses, the bailiff shall explain the procedure for the participation of witnesses in enforcement action.
6. Witness has the right to know, for the production of any executive actions he is invited.
7. Witness has the right to make comments on the produced execution. Remarks witness shall be entered in the act.
8. Witness confirms the fact, content and results of the production of executive actions, under which he was present.
9. The witness is entitled to reimbursement of expenses incurred by them in connection with participation in the implementation of executive actions as a witness.
10. Cash amounts paid understood relate to the cost of the commission of executive actions.

Article 38. Participation of an expert (professional) in the enforcement proceedings

1. To clarify the issues raised in the commission of executive actions that require special knowledge, a bailiff may, at the request of the parties of enforcement proceedings or on its own initiative to appoint an expert (specialist). If necessary, can be assigned to multiple experts (specialists), the decision shall be made about what a bailiff.

2. Expert (specialist) can be assigned not interested in the outcome of executive actions a person possessing special knowledge required to provide an opinion. 3
. The expert (expert) shall have the right to get acquainted with the materials of enforcement proceedings, to require the provision of additional materials needed for an opinion, to participate in the actions of the executive and to receive remuneration for work performed. The remuneration paid to experts and other expenses related to the cost of the commission of executive actions.
4. Experts warn about liability under the legislation of Turkmenistan for knowingly giving false explanations, willful evasion of their duties or by summons.
5. The expert warned of the liability provided for by the legislation of Turkmenistan for knowingly giving false imprisonment, intentional evasion from performing their duties or by summons.

Article 39. Taps in enforcement proceedings

1. The bailiff, translator, expert (specialist), the concept can not be involved in enforcement proceedings, if they are directly or indirectly interested in the outcome of the enforcement proceedings or have a family relationship with the parties, their representatives, causing doubts about their impartiality, and in other cases provided the legislation of Turkmenistan.
2. If there are grounds for the removal of the persons mentioned in the first part of this article, we are required to recuse himself or herself. Withdrawal must be motivated and declared in writing before the commencement of enforcement actions. Move in the process of execution is allowed if there was a basis for it and it became known after the commencement of the execution. 3
. the disqualification bailiff issue decided by the court, what a reasoned decision.
4. In meeting the discharge bailiff and the absence of a court of another bailiff's execution is transferred to another court.
5. The question of the withdrawal of an interpreter or specialist solved bailiffs and bailiff about it a reasoned decision.
6. Decision not to challenge a bailiff may be appealed or brought an idea to the court in due course. Filing a complaint or representation not suspend production of executive actions.

CHAPTER III. NOTICES AND CHALLENGES

in enforcement proceedings
Article 40. Notices and challenges in enforcement proceedings


1. Participants of enforcement proceedings shall be informed about the actions of the executive, or on measures of enforcement or caused by the bailiff or the place of commission of executive actions the agenda. Notice or the agenda sent by registered mail with return receipt or by telegram. In the case of the claimed application for enforcement proceedings, the participants are informed by other means of communication.
2. In cases where the executive document is subject to immediate execution, as well as the seizure of property and take other measures to ensure the judicial executor is entitled to perform executive actions and apply enforcement measures without it members of the executive production of the notification. 3
. Notification addressed to the party executive production is sent to the address specified in the executive document, if the participant execution or his representative does not have a different address. Notification can be sent to the party's place of work of the executive production.
4. If you notice, mailed, returned in the absence of the addressee at that address, the bailiff sends a notice on the actual location of an individual or the legal address of the person, except in cases where the registered office or the location of the person and address specified in the executive paper coincide.
5. Notification can be sent to the address specified by the organization in writing. Notification addressed to the organization, it is sent to the registered office or at the registered office of its representative office or branch.
6. Those who refuse to appear to the bailiff, can be forcibly drive on the basis of the decision of the judicial executor, the judge approved.

Article 41. Agenda delivery, notification and delivery agenda

1. Or notice delivered by mail or person to whom the bailiff instructed them to deliver, and handed to the addressee personally against receipt on the notice of receipt to be returned to the bailiff. If the summons or notice is delivered to other communication view, the date and time or deliver them to the destination fixed set way. Or notice, addressed to the organization, handed it to the employee, who shall sign a receipt or notice on the notice of receipt with your name, name, patronymic, position, date and time of receipt.

2. If the person who delivered the summons or notice, will not find a citizen at his place of residence or work, or notice are given to one of living together with him adult family members, and in their absence - to the local government or the administration at his place of work or study. A person who has taken or notice, an obligation on the agenda spine, notices indicate his name, first name, as well as related to the addressee or current job title. A person who has taken or notice, is obliged as soon as possible, without delay, deliver them to the recipient. 3
. In the absence of the recipient's face, delivering summons or notice of delivery notes on the notification, which eliminated the target and when it is expected to return, or make a note of the absence of such information.

Article 42. Change of address at the time of conducting the enforcement proceedings

Parties of enforcement proceedings must inform the bailiff about the change of address at the time of conducting the enforcement proceedings. In the absence of such communication or notice sent to the last address known to the bailiff, and is considered to be delivered and under the condition that the recipient at this location does not live or is not.

Article 43. Consequences of refusal to accept the summons, notice, or failure to appear for their reception

1. At refusal of the recipient to accept or notice a person who delivers them, making them the proper mark, after which the summons or notification returned to the bailiff.
2. Persons participating in the enforcement proceedings, are considered izveschёnnymi if:
1) the addressee refused to receive or notice;
2) despite receiving e-mail notifications, the recipient did not appear for the summons or notice;
3) summons or notice handed to anyone who lives with him adult relatives.

CHAPTER IV. The order of execution of executive documents

Article 44. Voluntary execution of executive documents

1. The bailiff, before assuming the executive document to the debtor in writing within five calendar days of the proposal on the need to voluntarily comply and if the executive document is subject to immediate execution, sends the debtor a written offer immediately volunteered to perform a judicial act.
2. The bailiff of the debtor warns that if the judicial act will not voluntarily performed in a timely manner, will be taken coercive measures of performance with the recovery from the debtor for the execution costs.
3
. Where appropriate, if there are grounds for believing that the debtor may take measures to conceal the property, along with the presentation of proposals for voluntary execution, the bailiff is obliged to describe the property and put on his arrest. Offer is awarded to the debtor against signature with the time of its receipt.

Article 45. The enforcement measures

1. After expiry of the term provided by the debtor for voluntary compliance with the relevant executive documents in accordance with this Law, these documents are executed by force.
2. Measures of enforcement are:
1) foreclosure on the debtor's property by the seizure and sale of property;
2) foreclosure on salaries, pensions, scholarships and other sources of income of the debtor;
3) foreclosure on sredstva money and property of the debtor that are located in other legal entities and individuals, including the receivables;
4) withdrawal from the debtor a certain property specified in the court decision, and the transfer of the claimant;
5) seizure of the debtor's assets, including cash and securities held by it, or at any other natural or legal persons (including cash and securities that are held in credit institutions and organizations engaged in certain types of banking operations, as well as insurance companies);
6) seizure of debtor's property in the possession of it, or have other physical or legal entities;
7) Bind the debtor to perform certain actions or to give up their commission;
8) prohibition of the debtor to the use of cash, securities and property belonging to him by right of ownership, or specify the cottage on their use within the limits set by a bailiff;
9) sealing of property of the debtor;
10) removal of legal documents;
11) prohibiting others to transfer money, securities and other property of the debtor to perform or in relation to it other obligations;
12) other measures to ensure the execution of the executive document in accordance with the law. 3
. In the performance of executive documents the bailiff has the right to call the debtor to become familiar with executive documents, as well as to seek the parties and persons involved in the enforcement proceedings, oral and written information and information necessary to carry out the enforcement proceedings.
4. Where necessary, one enforcement measure may be replaced by another measure.

5. The question of replacing one measure of enforcement is considered another bailiff at the request of parties to enforcement proceedings or on its own initiative. Consideration of replacing one another enforcement measure shall not suspend the use of previously established enforcement measures.

Article 46. Temporary restrictions on departure from Turkmenistan debtor

1. In case of failure by the debtor within the prescribed period without justifiable reasons the requirements contained in the executive document, a bailiff for enforcement documents related to an injury to the State, on its own initiative, and in other cases - at the request of the creditor goes to court with a proposal to impose temporary restrictions on leaving the debtor from Turkmenistan.
2. Copies of this resolution be sent to the debtor for information, to the State Migration Service and the State Border Service of Turkmenistan - for execution.

CHAPTER V. GENERAL CONDITIONS OF EXECUTIVE

Article 47. General Conditions of the bailiff action

1. The executive action made bailiff at the place of residence or place of employment of the debtor or the location of its assets.
2. If the debtor is a legal entity, then the execution is carried out at the location of his body or property. Where necessary, the bailiff may perform enforcement actions on the territory, which is not subject to its functions, but within the same district of the city, or. 3
. If the debtor has left the territory related to the competence of another court, and his address was known to the bailiff, the bailiff sends a writ of execution under the new well-known place of residence of the debtor, what shall notify the claimant.
4. The claimant and the debtor has the right to be present at a bailiff actions for the implementation of the decisions and to receive from him the necessary explanations related to its execution.

Article 48. Postponement, installment, change in the method and procedure for execution of enforcement actions


If there are circumstances that prevent the commission of executive actions, the bailiff on his own initiative or at the request of the claimant may delay their execution for up to ten days, what shall be made the corresponding decision. Resolution approved by the senior bailiff. On the deposition of executive actions the bailiff shall notify the members of the executive production. If there are circumstances which make the commission of executive actions difficult or impossible, the bailiff, creditor or debtor has the right to put before the court which issued the executive a document, or before the court at the place of execution of the issue of postponement or installment performance, and to change the method of execution of the order.

Article 49. Interaction of bailiffs with government agencies, lending institutions and other organizations

The bailiffs have the right to carry out their tasks in cooperation with government agencies, lending institutions and other organizations. Such bodies and organizations are obliged to assist bailiffs in the enforcement of judicial acts and acts of other bodies.

Article 50. The right to suspend the bailiff enforcement

Enforcement proceedings may be suspended in cases of:
1) treatment bailiff, the creditor or the debtor a statement to the court for clarification of the judgment or deferment and installment performance, change the method and order of execution of a judgment;
2) of the debtor in the long business trip;
3) of the debtor in the hospital;
4) submitted to the court by the collector, the debtor complaints against the bailiff;
5) at the request of the claimant;
6) the debtor wanted ads;
7) of the debtor or the creditor outside of the settlement, including in connection with military service by conscription;
8) in case of other circumstances specified in this Act.

Article 51. The obligation to suspend the bailiff enforcement

1. Enforcement proceedings shall be subject to suspension in the case:
1) the death of the debtor or the creditor, the debtor missing or declaring him dead, if the legal relationship allows succession;
2) reorganization of the legal entity which is the debtor, or the decision in the manner prescribed by law, the decision to initiate the proceedings for liquidation or insolvency (bankruptcy);
3) recognition of the creditor or the debtor incapable, partially capable;

4) challenge the debtor of the executive document in court;
5) filing a complaint in court against actions of bodies (officials), impose an administrative penalty;
6) the judgment of the court or the official to whom the legislation of Turkmenistan have the right to suspend execution of the decision;
7) presentation of the claim to the court to exclude from the inventory (exemption from arrest) property which foreclosed on the executive document;
8) parties contesting in court the results of assessment of the debtor's property.
2. In the cases provided for in paragraphs 7 and 8 of this Article shall be suspended the enforcement proceedings only in part of the property in respect of which sued the exclusion of inventory (exemption from arrest) or contested the results of its assessment.

Article 52. The period of suspension of the executive production

Enforcement proceedings shall be suspended for the term:
1) to determine the successor of the debtor, the destination incapable or partially capable debtor guardian or custodian, the reorganization of the legal entity, taking in the prescribed manner a decision on liquidation of the legal entity, declared bankrupt legal entity or natural person -Other -Private entrepreneur (the debtor);
2) to return from a business trip the debtor, the creditor or the debtor's return from leave in connection with the termination of military service by conscription, discharge from hospital, the end of the investigation of the debtor, the creditor receipt of the application by the restoration of the enforcement proceedings;
3) prior to the entry into force of the judgment on the claim or complaint;
4) Before making an order to abolish the suspension of the court or other body (official);
5) to the Resolution of explanation proceeds, subject to execution.

Article 53. Restoration of enforcement proceedings

Executive production restored the decision of a bailiff at the request of the claimant or on his own initiative, after elimination of the reasons that contributed to its suspension.
Article 54 Detective

debtor
1. In the case where the debtor's place of residence is unknown, the bailiff is obliged to apply to the court in whose territory the judgment is executed, with the idea of ​​declaring the debtor tracing through the internal affairs bodies. At the same time the original writ of execution is returned to the collector, which is in determining the debtor's location gives it to the bailiff, and a copy is controlled by the bailiff at the defendant's residence.

2. The search for the debtor on the basis of a court ruling bodies of internal affairs in accordance with the legislation of Turkmenistan.

Article 55. Duplicate the executive document

In case of loss of the original writ the court rendered judgment gives a duplicate. Statement on the issue of a duplicate is considered in court. Participating person shall be notified of the time and place of the meeting, but their absence is not an obstacle for consideration. On this issue, the determination of the court private complaint or private performance can be brought.

Article 56. Restoration of lost production executive

1. Lost executive production could be restored by the court at the request of the persons involved in the case, according to the prosecutor, as well as on the initiative of the court.
2. The application for restoration of lost execution proceedings submitted to the court at the place of execution. 3
. When considering applications for the restoration of lost execution proceedings, the court may interrogate witnesses as the perpetrators of the enforcement proceedings and taking part in them.
4. At insufficiency of the materials collected to accurately restore the lost enforcement proceedings the court in its ruling terminates the application proceedings for the restoration of the enforcement proceedings.

Article 57. Clarification of the executive document to be executed

If the executive document is unclear, the bailiff and creditor or the debtor has the right to ask for clarification from the court or authority that issued the executive document.

Article 58. Return of the Executive Document

1. In the case of non-compliance of the executive document the requirements established by law, the bailiff within three days issue a reasoned decision on the return of the executive document and sends it to the body that issued it, and notify the claimant.
2. Day of sending the documents submitted to the bailiff, is the day after the removal of its deficiencies or after the deadline, the date of its receipt of the secondary.

Article 59. Termination of enforcement proceedings

1. Enforcement proceedings terminated bailiff if:
1) the claimant refused to sanctions;
2) the creditor and the debtor entered into a settlement agreement and it is approved by the court;
3) after the death of a citizen, who was a collector or the debtor, claims or obligations established by the decision, can not go to the legal successor of the deceased person;
4) expired certain statutory collection statute of limitations;

5) reversed the decision, ruling or decision, which served as the basis for issuance of an executive document;
6) recovery of demand or other execution document executed in full.
2. In case of refusal by the creditor and the collection of a settlement agreement between the collector and the debtor rules apply, provided by the legislation of Turkmenistan. If at the conclusion of the settlement agreement the parties will be encumbered, upon recommendation of the bailiff judge shall issue a decision on this. Execution of this decision is binding on the parties. 3
. In cases of termination of the enforcement proceedings to be canceled all measures taken by a bailiff to enforce.
4. In cases of termination of the enforcement proceedings the bailiff shall render a ruling. Executive document or a copy of the relevant note is sent to the court or other authority that issued the document.
5. According to the executive documents, terminated in accordance with paragraph 6 of this Article, after which execution may be seized performing sanction enforcement measures must be rescinded only after their recovery. Discontinued the enforcement proceedings can not be started again, except by court recovery period of presentation of the executive document to the execution or recognition of the illegal actions of the bailiff for the execution of the executive document, according to which production is discontinued.

Article 60. Return of the executive document to the recoverer

1. Executive document on which recovery was not made or produced partly by order of a bailiff, an approved judge, returns to the collector in the following cases:
1) at the request of the claimant;
2) if the claimant has refused to retain the debtor's property is not implemented in the execution of the executive document, or specified in the judgment debtor's property;
3) if the address specified by the recoverer, the debtor does not live or is not working, or is not his property;
4) if the debtor has no property, money, securities or income, which may be levied, and all received a bailiff permitted by law steps to identify his property have been unsuccessful;
5) if the court declared the debtor tracing.
2. The return of the executive document within the period certain by this Law, may not be an obstacle for resubmission of the document for execution.
3
. If the claimer is the state, the executive document is returned to the court or body that adopted it.

Article 601. Ending the enforcement proceedings

Enforcement proceedings in cases considered to be consummated:
1) the termination of the enforcement proceedings on the grounds provided by part one of Article 59 of this Law;
2) the return of the executive document on the grounds provided by paragraphs 1-4 of the first part of Article 60 of this Law;
3) the return of the executive document without execution at the request of a court or other authority issuing the document.

Article 61. Consideration of the questions on the suspension or termination of the enforcement proceedings, the return of the executive document

1. Questions about the suspension or termination of the enforcement proceedings, the return of the executive document discusses a bailiff. It notified the persons involved in the enforcement proceedings, but their absence is not an obstacle to the resolution of these issues.
2. On the suspension and termination of the enforcement proceedings, the return of the executive document to the bailiff shall issue an order. Resolution can be changed or canceled by the judge. 3
. The judgment may be appealed in court.

Article 62. The place of enforcement actions
1. The executive action made bailiff at the place of residence or place of employment of the debtor or the location of its assets. If the debtor is a legal entity, then the execution is carried out at the location of his body or property.
2. Execution of court orders obliging the debtor to perform certain actions, made a bailiff at the place of the commission of such acts. 3
. If during the execution of the executive document turns out that the debtor has left to another place and there is no imuschestvo on which to foreclose on the former place of residence of the debtor, the court shall immediately draw up a report and not later than three days shall render a decision and sends a writ of execution judicial performer at the new place of residence, workplace or place of the revealed new finding of the debtor's property and notify the claimant.

Article 63. Time of fulfillment of executive actions

1. Executive acts are committed on working days - from six in the morning to twenty-two hours. Parties involved in the enforcement proceedings, the right to offer a convenient time commission of executive actions.

2. On weekends and holidays, as well as night-time executive actions are prohibited by order of a bailiff, an approved judge, only in cases of urgency, or when the debtor's fault of their committing other days and in accordance with this Law is impossible.

CHAPTER VI. FORECLOSURE PROPERTY

DEBTOR
Article 64. Foreclosure on the debtor imuschestvo

1. Penalty for executive documents drawn primarily on cash of the debtor, including those which are credit institutions, unless otherwise defined in the executive document.
2. The funds of the debtor are subject to seizure regardless of the consent of the debtor immediately upon detecting them, regardless of where their delivery or storage. 3
. In the absence of the debtor monetary amounts sufficient to repay the debt penalty appeals on other property owned by the debtor. The bailiff with the consent of the creditor has the right to transfer the property in kind, able to evaluate it.
4. the debtor's property Penalty applies to the extent that is necessary for the execution of the executive document, taking into account the execution costs. At insufficiency of other property of the debtor may be levied on his property, whose value exceeds the amount of recovery under the executive document. In such cases, after the sale of the property the debtor returns the proceeds net of the amount collected on the executive document, and execution costs. If the debtor has in common with other persons property, collecting addresses on its share determined in accordance with the law. If a dispute arises size of the share is set by the court.
5. When the transfer of property seized from the debtor to the claimant on the basis of a writ of execution a bailiff is made the act of reception and transmission.
6. debtor in the search is not an obstacle for the repossession of his property.

Article 65. Foreclosure of the sums of money and other property of the debtor held by others

1. When foreclosure of the funds or other assets of the debtor held by other persons, the bailiff determines to what extent and how the debtor's property is available to them, and how much, on what grounds and in what time period they undertake to transfer to the debtor.

2. At the same time these persons are informed that the inquiry a court bailiff on their existing property and monies of the debtor are seized in the amount of penalties and that all payments due to the debtor prior to the full repayment of the amount exacted, they are required to pay to the claimant or to the deposit account of the court.

Article 66. Foreclosure of individual deposits

1. Penalty on individuals' deposits in credit institutions can be drawn on the basis of the judge's taken on the proposal of a bailiff.
2. Confiscation of individuals' deposits with credit institutions may be made on the basis of the decision of the judge, has entered into force.

Article 67. Foreclosure of the property of legal entities and individuals (private entrepreneurs)

1. In the absence of legal entities and individuals (private entrepreneurs) sums of money sufficient to pay off the debt (if the relevant information a credit institution, provides services to the calculation of the debtor account) may be levied on any other property belonging to it, as well as the property of the founders ( members) of the legal entity, if the law does not impose restrictions in respect of the property and provides for liability of the founders (participants) of the legal entity, except for the property on which foreclosure is not allowed by the legislation of Turkmenistan.
2. If during the execution of it is established that the property of the debtor-legal entity or individual entrepreneur is not enough to repay the debt, and the Turkmen law permits recognition of the debtor insolvent (bankrupt), the bailiff shall inform the claimant's reputation. 3
. Foreclosure on the debtor's property, duly recognized as insolvent (bankrupt), in accordance with the legislation of Turkmenistan
4. In case of reorganization of a legal entity at the time of execution of the executive document to the bailiff of the debtor establishes succession and a submission to the court that rendered judgment on the debtor is replaced by its successor.
5. In case of liquidation of the legal entity foreclosure is carried out in accordance with the legislation of Turkmenistan.

Article 68. The implementation of corporate property

The implementation of corporate property shall be as prescribed by law.

Article 69. Accession to the collection


In the production of recovery, if any executive documents in other cases, they may be attached to the performance.

Article 70. Foreclosure of the pledged property

1. On the mortgaged property, with the exception of real estate, which is collateral for the obligation of residential mortgage loan may be levied in case of insufficiency of other property of the debtor for the full satisfaction of all claims presented to it, not secured, subject to the rights of the mortgagee, established by the legislation of Turkmenistan.
2. The pledgee is obliged to satisfy the claims of creditors who take advantage of it before the requirement of the value of the collateral in an amount not exceeding the value of the property. 3
. The issue of foreclosure of the mortgaged property is decided by a court decision in compliance with the rights of the mortgagee.

Article 71. The order of the execution of confiscation

1. When execution of the sentence of forfeiture implementation of the debtor's property made after the satisfaction of all claims against the debtor that arose before the seizure of property condemned the bodies of preliminary investigation or trial.
2. Requirements for alimony and requirements in connection with the employee's disability compensation for damage caused by occupational illness or injury received in connection with the performance of his job duties, as well as in connection with the death of a breadwinner are met, and in cases of them after the seizure of the property of convicted .

Article 72. Calculation compiled by a bailiff

If there are multiple claimants and failure to recover from the amount of the debtor for the full repayment of all requirements of the bailiff of the calculation of distribution of money between claimants and submit it for approval to the judge.
In the judge's ruling on the approval or modification of the calculation of the bailiff or the private complaint brought by private representation may be filed.

Article 73. The property, which may not be levied

The list of property which can not be seized is determined by this Law and other legislative acts of Turkmenistan.

Article 74. Seizure of property of the debtor

1. Seizure of property of the debtor carries out inventory of the property and the announcement of the ban on the disposal of this property.
2. The bailiff produces an inventory of the debtor's property in the amount required to repay the amount awarded to the claimant, and the costs associated with the execution of the judgment. The bailiff may seal the items are seized.
3
. The seizure of property shall be carried out in the presence of witnesses and the debtor. In the absence of the debtor's inventory is made in the presence of one of the adult members of his family, and in their absence - the representative of the housing and the operating authority or Gengeshlik.
4. When foreclosure on residential premises bailiff finds premises belonging to the debtor, the actual value of the dwelling, as well as applied or not seized on premises.
5. After ascertaining the dwelling accessory debtor the bailiff turns it into a list, depending on the collection size imposes a lien on all the premises or part thereof and forwards the proposal to register the prisoner housing in local executive authorities in the community, as well as notify the the state notary office at the place of dwelling location.
6. On the arrest of the mortgaged house bailiff shall immediately notify the mortgagee.
7. After receiving information about the presence of the debtor's property, which is at the other persons, the bailiff produces an inventory of the debtor's property and shall order the seizure of the property.
8. If the debtor's property from the others due to the prisoner agreement between them, the possibility of preservation of the rights of other persons arising out of the contract, and the seizure of property is decided by the court in the manner prescribed by this Act.

Article 75. Contents of the decision on seizure of property

The bailiff shall issue an order to seize the property. Resolution approved by the judge and to the decision of the inventory of the property attached.

Article 76. The seizure of property of the debtor

1. The bailiff produces an inventory of the debtor's property in the amount required to repay the amount awarded to the claimant, in execution of the decision costs. In the case provided for in this Act, the value of the described property may exceed the amount of recovery under the executive document. The bailiff may seal the items subjected to inventory.
2. The seizure of property shall be carried out in the presence of witnesses and the debtor. In the absence of an individual or representative of a legal entity which is the debtor that has been previously notified of the commission of executive actions, the inventory shall be made in the presence of witnesses. The inventory shall be signed by persons who participated during its drafting. 3
. The inventory must be specified:
1) the date, time and place of the inventory;

2) surname, name and patronymic of the bailiff, constitutes an inventory, persons present at the drawing up of inventories;
3) name of the court or other authority, the executive document which is to be executed;
4) surname, name and patronymic of the creditor and the debtor;
5) the name of each item, its features (weight, yardage mark, the degree of wear, etc.), the cost of each subject separately and the whole property;
6) an indication of the sealing items if it was carried out;
7) surname, name and patronymic of the person to whom the property is transferred to the storage address, if property storage rests not on the debtor;
8) mark for clarification to the debtor and other parties of the order and term of appeal to the bailiff, and the clarification of the debtor or the custodian of the property of their responsibilities for the storage and prevention of liability for embezzlement, transfer or concealment of property transferred for storage;
9) and notes the claim, the debtor and the persons present at the inventory.

Article 77. Protection of rights of other persons in the exercise of executive actions

1. In case of violation of the law court executor when the arrest of the property to the extent that can be grounds for cancellation of the arrest of the property, despite belonging to the debtor or property of other persons, the application of the debtor and such persons on the abolition of seizure are considered by the court. Such declarations may be made before implementation of the property has been seized.
2. Disputes excited by other persons associated with the ownership of the property to be recovered, the Court considers on the rules of civil procedure (claims the release of property from seizure). 3
. Claim the exclusion of property from inventory (exemption from arrest) may be presented as the owners of the property, and the owners of the property, not belonging to the debtor.
4. The claim for the release of property from seizure is presented to the debtor and the claimant. If the property seized in connection with the confiscation of property, the Party convicted person and the relevant financial authorities involved in the case as defendants.
5. If the property has been seized, it has been implemented, disputes are considered by the court in the order of action proceedings.
6. The judge, despite the claims of interested parties, specifying the circumstances specified in the first part of this article, is obliged to cancel the arrest on the property.

Article 78. Evaluation of the debtor's property


Valuation of property of the debtor made a bailiff, given its market value and the actual wear and tear. This may be considered an agreement on the assessment reached between the collector and the debtor. If the assessment of individual items is difficult either the debtor or the creditor does not agree with the estimate made by a bailiff, the bailiff to determine the value of the property may appoint specialist (expert). Currency values, jewelry and other items made of precious metals and precious stones, antiques, paintings and sculptures, securities, real estate assessed with mandatory participation spetsialista (expert).

Article 79. Storage and property values ​​

1. The bailiff carries out the transfer of the deposit of the seized property by obtaining from the keeper trust receipt.
2. The procedure and conditions of storage of seized property determined by the legislation of Turkmenistan. 3
. Keeper with the permission of the judicial executor can use this property if the property on the properties they use does not lead to the destruction of property or decrease its value.
4. Keeper, if such is not the debtor or a family member receives a fee for storage in accordance with the law.
5. The Custodian shall be reimbursed produced them with the necessary costs of storage assets, net of actually received benefits from the use of this property.
6. The costs incurred in connection with the storage of the property are to the cost of the commission of executive actions.
7. Seized from the debtor currency values, securities, jewelry made of precious metals and stones, and of pearls, antiques, paintings and sculptures and other products used in everyday life, as well as scrap such products shall be deposited with the bailiff in the credit institutions of Turkmenistan.
8. The amount of money seized from a debtor in an amount necessary to repay the amount awarded to the claimant and for the implementation of expenditure shall be made to the bailiff deposit account.
9. Seized from the debtor money needed to repay the amount awarded to the claimant and for the execution of expenditure, made a bailiff on the current account of the court or the velayat etrap (city) court. The procedure for accounting, storage and distribution of funds from the current account is determined by the normative legal acts of Turkmenistan.

Article 80. Responsibility of the custodian of the property

In the case of embezzlement, alienation or concealment of seized property, which has been deposited, the keeper is responsible in accordance with the law.


Chapter VII. PROCEDURE FOR IMPLEMENTATION

debtor's property
Article 81. The order of the realization of the debtor's property

When foreclosure of the debtor's property is the realization of this property is carried out in the following order:
1) first realized the debtor's property is not directly involved in the production, including securities, foreign currency, jewelry made of precious metals and precious stones, passenger vehicles and other property;
2) in the second turn - finished products (goods), as well as other material valuables not directly involved and is not intended for direct production purposes;
3) in the third place - real estate, as well as raw materials, machines, equipment and other fixed assets for direct involvement in the production;
4) fourth - property transferred to other legal entities and individuals under the lease (property rental), loan or other contracts.

Article 82. The implementation of the arrested property

1. The implementation of the arrested property, except for property withdrawn from circulation according to the law, regardless of the grounds of arrest and types of property made by a bailiff trade institutions and other specialized agencies, on the tenders and auctions in accordance with the legislation of Turkmenistan.
2. Selection of forms of realization of the property is determined by the bailiff, taking into account the type of property and the views of the claimant and the debtor. 3
. If the debtor's property is not sold within two months, the claimant shall have the right to leave the property for a price on the latest ads. In case of refusal by the creditor of the property is returned to the debtor, and if the debtor has no other property or income for the foreclosure, the executive document shall be returned to the claimant. This property is exempt from seizure.
4. If at the time the decision on the implementation of the arrested property is instituted proceedings on insolvency (bankruptcy) of the debtor, the realization of assets is suspended until consideration of the issue on the merits.

Article 83. Implementation of the property transferred to the state

Property, arrested on the basis of judicial decisions in criminal and administrative cases with regard to the confiscation of property, or the property, arrested and transferred to the state revenue on the basis of a court order, is implemented in the manner prescribed by law, or by the decision of the authorized state body is transferred to the income state in this form.

Article 84. Implementation of valuable property


Seized from the debtor and deposited in credit institutions securities, foreign currency, jewelry and other items made of precious metals and precious stones, and scrap these items and antiques, paintings and sculptures are realized in accordance with the rules established by the Cabinet Ministers of Turkmenistan.

Article 85. Implementation of seized property on a commission basis

1. The implementation of the arrested property, other than property referred to in article 84 and 85 of this Act, made through trade institutions at the place of location of the property on a commission basis. Delivery of property to another city or Etrap to implement only with the consent of the debtor and the creditor and is carried out at their expense.
2. Withdrawal of the arrested debtor's property and transfer it to the implementation of the bailiff held in a certain period, but no earlier than five days and no later than one month after the arrest of the property. The debtor before the expiry of this period shall be entitled under the supervision of a bailiff sell assets at a cost of not less than specified in the order for the arrest. 3
. Food and other perishable items immediately withdrawn and sent for implementation.
4. Money raised from the sale of trading organizations the debtor's property shall be transferred to the deposit account of the court within three days after the sale. With the amount received from the sale of assets seized from the debtor, trade organizations held a commission in the amount defined by normative legal acts of Turkmenistan.
5. If the debtor's property will not be sold within one month from the date of transfer of property in trade organizations, at the request of the creditor, the debtor or a trade organization may be revalued the property, but it can be carried out in case of failure the claimant retains the unrealized property of the debtor. Revaluation of property shall be a bailiff with the participation of the representative trade organizations. The time and place of the revaluation is reported to the claimant and the debtor, but their absence does not preclude addressing the issue of revaluation of property. In this case, a reassessment of the property is reported to the claimant and the debtor.
6. If the debtor's property is not sold within two months from the date of the revaluation of property, the claimant offered to buy this property at its new price. On his decision to the claimant shall respond to the bailiff, within five days from the date of receipt of the proposal.

7. In case of refusal by the creditor receipt of the property or the non-receipt of a response from the claimant is returned to the debtor, and if the debtor has no other property or income for the foreclosure, the executive document is returned to the claimant.
8. If the creditor has agreed to receive the seized property on account of repayment of the debt, the court officer shall render a decision and no later than the next day to the parties a copy of the enforcement proceedings.
9. When the transfer of property of the debtor to the claimant issued an act of reception and transmission.
10. Bailiffs made a mark in the executive document of the receipt by the collector debt at the latest value of the property.

Article 86. Implementation of dwelling houses and other immovable property by public auction

Implementation seized a residential house and other immovable property of the debtor is carried out within the time specified in this Act, by public auction.

Article 87. Notice of the upcoming auction

1. The bailiff notifies the upcoming auction no later than ten days prior to the event by publishing ads in the media or on the Internet.
2. The ads must indicate which property sold, to whom it belongs, its cost, location and trading hours. 3
. The time and place of sale of the mortgaged homes and other real estate bailiff notifies the pledgee.

Article 88. Persons who are not eligible to participate in the auction

Bailiffs and judges who made the decision on enforcement proceedings, employees of the respective departments and divisions, as well as their family members and close relatives may not participate in the auction.

Article 89. Procedure for tendering

1. Persons wishing to participate in the auction are obliged to make ten percent of the initial price of the property. The amount put forward to the person who won bids, credited to the account of the purchase price. The other bidders deposit introduced into by them returned within five days after a successful bid.

2. Bidding starts with the announcement of the estimated cost specified in the act on the arrest of the property. The property is considered sold to the person who has offered to bid the highest price. The purchaser shall, within five working days after the end of trading to make full amount for which they purchased the property with Ladder deposit, the brought before bidding. For failure to pay the buyer all amounts due from it within the prescribed period the deposit material entered before bidding, he does not come back and goes to the state. The deposit goes to the state revenue in the event that it is found that the buyer had no right to participate in the auction. After making the buyer throughout the bailiff the amount owed to him gives him a copy of an act carried out trades. 3
. If non-payment by the buyer within five days all amounts due from it for the purchased their property, the bailiff offers to purchase the property the bidder who offered the highest price after him.

Article 90. Announcement Auction abandoned

1. The bailiff announces tender invalid if:
1) on the auction was less than two buyers;
2) If none of which were the not made allowance for the initial price of the property;
3) if the buyer within five days has not made the full purchase price of the property, and the second member of the public auction, offered the highest purchase price after the start, I did not use its right to purchase the property.
2. On recognition of trades invalid bailiff shall issue an order. 3
. If the bids are not held, the deposit is returned persons vnёsshim it, except in the case provided for in paragraph 3 of this Article.

Article 91. Consequences for tenders failed

1. In the case of call for tenders failed claimant shall have the right to leave the property for themselves at a price reduced by twenty percent of the original cost.
2. In the case of recognition of trades invalid and refusing the claimant retains the property of a bailiff in compliance with the rules established by this Law, appoints new bids. The price set for the re-tendering, is reduced to the point where one of the participants agree to buy the property at the announced price, which should not be less than fifty percent of the original value of the property offered for sale.
3
. In the event that re-tendering invalid property is offered to the claimant by the last announced price. In case of refusal the creditor from taking the property is returned to the debtor, and in case of termination of the enforcement proceedings, on the grounds provided in this Act, the property is released from custody.

Article 92. Recognition of trades invalid

1. If trading was conducted in violation of the rules, a house and other real estate were sold to a person not entitled to participate in the auction, or if the bailiff, creditor or purchaser of the property allowed the abuse, the court within three years from the date of the auction can recognize auction invalid. If they abuse constitutes a crime, the court within the time established by law for the execution of the conviction, may recognize as invalid bids.
2. On the court decision on the recognition of trades invalid or private complaint brought by private representation may be filed.

Article 93. Enforcement of the receivables

1. Enforcement of the receivables is to move to the right of the claimant to receive debtor receivables payable amount determined in accordance with the requirements of this Act, but not more than the volume of receivables that existed at the date of foreclosure.
2. Enforcement of the receivables is made:
1) with the consent of the claimant - by transferring the debtor receivables on account of the control of the territorial authority or the current account of the bailiff;
2) in the absence of the payer's consent or non-payment of (unlisted) debtor receivables on account of the control of the territorial authority or a bailiff current account - through the sale of receivables from the auction. 3
. Collection of the receivables does not apply in cases where:
1) the statute of limitations has expired for its recovery;
2) the debtor is located in a foreign country with which Turkmenistan has not signed an agreement on legal assistance;
3) the debtor is in liquidation;
4) the debtor has stopped its activities as a legal entity and is excluded from the unified state register of legal entities;
5) in respect of the debtor entered bankruptcy proceedings.
4. For foreclosure of receivables bailiff sends to the court representation with the documents confirming the existence of accounts receivable.

5. The bailiff not later than three days from the receipt of the court to foreclose on receivables shall issue a decree, which specifies the procedure for making (transfer) of money by the debtor at the expense of the respective body. This Regulation together with a copy of the court sent to the debtor and the parties to enforcement proceedings.
6. bailiff judgments delivered on the basis of the court obliges the debtor to fulfill the corresponding obligation by making (transfer) money to the appropriate authority or the current account in the decision of the bailiff said account, as well prohibit the debtor to modify the legal relationship on the basis of which originated receivables.
7. From the date of receipt of the decision by the debtor bailiff about foreclosure of receivables pursuant to the debtor of the relevant obligation is carried out by introducing (transfer) of money specified in the decree controlling the expense of the territorial authority. Such a performance of an obligation by the debtor is considered to be the proper execution of the creditor. the debtor's rights against the debtor are not changed.
8. The debtor is obliged to immediately inform the bailiff and the Introduction of the debtor (transfer) money on account of the control of cash territorial authority.

Article 94. Identification of receivables of individuals engaged in entrepreneurial activities without forming a legal entity

1. To identify the receivables of individuals engaged in entrepreneurial activities without forming a legal entity, the bailiff has the right to request the necessary accounting documentation from individuals engaged in entrepreneurial activities.
2. A bailiff has the right to ask for information about the debtor's accounts receivable to the tax authorities. 3
. The tax authorities, individuals engaged in entrepreneurial activities without forming a legal entity shall be obliged within three days to provide the bailiff necessary documents and information.
4. Identification of the receivable can be made of professionals involved in the enforcement proceedings. Costs for professional services are included in the expenses incurred in the commission of executive actions.

Article 95 of the Agreement on the exclusion or limitation of the right to foreclose on the cash requirements

1. The rules established by this Law, can not be excluded or limited by agreement between the debtor and the claimer.

2. On the monetary claim may be levied even if the debtor in enforcement proceedings and the person who is required to pay him the money due to the civil-law obligation (the debtor of the debtor), there is an agreement on the prohibition or restriction of the assignment of the claim. 3
. This provision shall not relieve the debtor in enforcement proceedings from liability for damages to its counterparty.

Article 96. The order of seizure of the cash requirements

1. When bailiffs seizure of monetary claim is reported to the debtor or the debtor's debtor and the debtor's debtor is prohibited to pay to the debtor, and the debtor to request and provide pre-without saving money, but also take the payment at the request, unless otherwise provided by this Act.
2. The arrest is recognized on delivery of the receipt by the debtor of the debtor an order of seizure. 3
. If the payment pursuant to the obligations imposed on the third party, the decision to arrest and sent to that person.

Article 97. The claimant's rights during the arrest of a monetary claim

A bailiff has the right, with the consent of the debtor and the creditor to oblige the debtor to fulfill the obligation of the debtor to the creditor in the limits of the amount specified in the executive document. In doing so, the collector, the rights dolzhnika within these limits, which it had before the debtor's debtor.

Article 98. The obligation of the debtor of the debtor to provide information

1. The bailiff at the request of the claimant or on its own initiative at the seizure of the cash requirements in the judgment debtor's debtor may provide information on the nature and content of those arrested requirements.
2. The debtor of the debtor is obliged to give a written reply to the bailiff within three days of receipt of the decision. debtor debtor costs for the provision of information shall be reimbursed by the debtor. 3
. The debtor is liable to the debtor by the collector for the losses incurred by the latter due to the failure to provide information, providing deliberately false or incomplete information. About the presence of the debtor liable debtor is warned in the decision to arrest and delivery of information.
4. The bailiff shall notify the claimant of the information received from the debtor's debtor.
5. The bailiff with information received into account the debtor's debtor sends the decision about payment for arrested request.

Article 99. Provision of debtor performance of its obligations to a third party


1. If the performance of an obligation by the debtor of the debtor is due to the transfer of his things, and the thing is the debtor, the latter at the request of the bailiff and the creditor is obliged to give the thing to transmit it to the debtor of the debtor.
2. The claimant may apply to the court for the seizure of the subject of the debtor, if there is a court decision confirming the existence of the debtor's obligation to transfer the object in exchange for the fulfillment of obligations by the debtor of the debtor, or if the presence of such a duty is proven stakeholders. The question of satisfying the requirements of the claimant or the authorized person is permitted by a court of the debtor.

CHAPTER VIII. FORECLOSURE CASH DEBTOR


Article 100. Foreclosure of the funds and other property of the debtor held by others

1. When foreclosure of the money and property of the debtor held by other persons, the bailiff imposes arrest and taking measures for forced collection.
2. Penalty on the amount of money the debtor that are in credit or other institutions engaged in certain types of banking operations carried out by a bailiff issuing a collection order. To collection orders attached originals or copies of executive documents, stamped by the Court. 3
. Reviewed collection order in the following cases:
1) the termination of the enforcement proceedings;
2) the return of the executive document without execution at the request of a court or other authority issuing the document;
3) the return of the executive document to the claimant for other reasons when refusing the claimant retains the unrealized property of the debtor in the execution decision;
4) at the request of the creditor to revoke the collection order.

Article 101. Procedure for withholding from wages and other types of income of the debtor

1. Recovery of wages and other types of debtor's income is drawn in recovering an amount not exceeding twice the size of the average monthly wage specific for Turkmenistan in the execution of decisions on recovery of periodic payments and other penalties in the absence of the property or the failure of the property for the full repayment of the debtor exacted sums .

2. When foreclosure on wages and other types of income of the debtor the bailiff, taking into account the requirements of this Act shall pass a resolution, which indicates to what extent must make monthly deduction to full recovery awarded the amounts, and send for execution to the employer with which the debtor has an employment relationship or which receives remuneration. 3
. The bailiff is obliged to monitor the correct and timely production of deductions from wages and other income of the debtor, as well as the timely dispatch withheld amounts to the claimant.
4. When dismissing the debtor's employer, with whom he was in an employment relationship, it is obliged within three days to give notice of it to the bailiff with the application of the executive document and mark on the execution part. When relocation debtor is obliged to inform the bailiff of your new address.
5. The size of deductions shall be calculated on the amount of wages (income) of the debtor owed him receivable remaining after tax and other deductions.
6. Of the amount paid by the debtor to pay and equivalent size of payments under execution documents to the full repayment of the sums levied can be held in the following sizes:
1) alimony, compensation for damage caused by injury or other impairment of health, as well as the death of a breadwinner and compensation for damage caused to property crime entities regardless of ownership or physical persons - fifty per cent;
2) for all other types of penalties, unless otherwise provided by law, - twenty per cent.
7. When foreclosure on wages or other types of debtor's income for one or more writs of execution for the debtor must be preserved for at least fifty percent of the wages or other income.
8. When the recovery on the basis of retaining the contract of maintenance can be made in the case, if the total amount of monetary penalties on the basis of this contract and the executive act is more than fifty percent of the income of the person obliged to pay alimony.

Article 102. Foreclosure on the debtor's income, is serving a sentence

Penalty for executive documents with debtors sentenced to correctional labor by a court decision, as well as debtors, alcoholics, drug addicts, and addicted to psychoactive substances under treatment in medical health care institutions shall be in accordance with the law .

Article 103. Enforcement of state benefits


On state benefits for temporary disability, as well as scholarships to students may be levied only by court order for alimony and compensation for damage caused by injury or other impairment of health, as well as the death of a breadwinner.

Article 104. The amount of money, which may not be levied

1. Recovery may not be drawn to:
1) the amount received by the debtor in the form of pension survivor;
2) amounts received by the debtor in the form of state benefits for disabled children;
3) lump sum, upon receipt of injury (injury, trauma, contusion) during the performance of their duties payable in connection with their death (death);
4) state benefits at birth, according to a disabled person of group I care;
5) financial assistance, wearing a one-time, regardless of the source of payment;
6) state benefits for pregnancy and childbirth, and child care;
7) child support for the maintenance of the minor children;
8) payments to state pension insurance.
2. In accordance with the legislation of Turkmenistan other cases it may be set for which a penalty debtor's income is not deducted.

Article 105. The procedure for recovery of funds

1. Because the amount of money charged by a bailiff from the debtor first repaid the fines imposed on the debtor in the course of execution of the executive document, and then reimbursed by the commission of executive actions, the remaining amount of money is used to meet the requirements of claimants, then the remaining amount of money returned to the debtor.
2. The amounts collected from the debtor to be transmitted claimants, bailiff credited to the deposit account, and then claimants are issued or transferred to their bank accounts in the prescribed manner. 3
. Amounts to be credited to the income of the state, can be made directly to the relevant bank.

Article 106. The procedure for the recovery of maintenance in the absence of the debtor's wages or other income

1. If it is impossible the recovery of maintenance from wages or other income for the three consecutive months of recovery refers to the debtor's property. On handling the recovery of maintenance on the property the bailiff shall issue an order.
2. The size of the debt for child support is determined by a bailiff at the place of execution of the decision based on the actual wage (income) received by the debtor during the time for which the sanction was not made or received by them at the time of the definition of debt.
3
. If the debtor without good reason in this period did not work for alimony debt is determined on the basis of the minimum wage established in Turkmenistan at the time of debt collection.

Article 107. The procedure for recovery of arrears of alimony payments

1. Collection of debt under alimony payments to be made from the wages and other income of the maintenance payer.
2. The size of the debt is determined by a bailiff at the place of execution of the judgment (decision) in accordance with the legislation of Turkmenistan. 3
. bailiff's decision on the definition of debt can be appealed or brought an idea to the established procedure.

Article 108. Control over correct and timely deductions

The bailiff carries out a systematic control over the correctness and timeliness of production of deductions from wages and other income of the debtor and the administration withheld amounts to the claimant.

Article 109. Recovery of maintenance at the exit of the debtor outside Turkmenistan

The procedure for recovery of maintenance from the debtor when traveling outside Turkmenistan is determined by international treaties of Turkmenistan and laws of Turkmenistan.

Article 110. Information on the income of the debtor

Legal entities and individuals, regardless of their form of ownership are obliged at the request of a bailiff and at the appointed time to provide information about the debtor's place of work and his monthly income, as well as the dismissal of the debtor, his new place of work or residence, if they know about it . The bailiff in the same manner as the right to request information on the remuneration due for copyrights, discoveries, inventions and industrial designs.

CHAPTER IX. EXECUTION OF DOCUMENTS EXECUTIVE non-property

Article 111. Consequences of Failure decision requiring a debtor to perform certain actions

1. In case of failure the decision obliging the debtor to perform certain actions that are not related to the transfer of property or sums of money, the bailiff draws up a report on non-solutions.
2. Composed act sent a bailiff to the judge at the place of execution, which shall issue a ruling on the application referred to in the decision of the consequences due to the imperfect debtor certain actions. 3
. If the decision is not given the consequences of its failure to perform, an act drawn up is sent to the court at the place of execution. And the court resolves the question of the order of execution of the decision according to the rules set out in this Act.

4. In case of failure in the term established by the court decision obliging the debtor to carry out actions that may be committed only to themselves, an act drawn up by a bailiff sent to the court at the place of execution of the decision. The issue of non-performance solutions are allowed in the hearing.
5. The time and place of the meeting notified the claimant and the debtor, but their absence does not preclude consideration of non-performance solutions. The Court, finding that the decision has not been fulfilled by the debtor, the debtor may bring to justice, in accordance with the law and to assign it a new deadline for the execution of the decision.
6. Repeated and subsequent violations of the debtor, sets deadlines for the execution of the decision, the court re-apply the measures provided for by the legislation of Turkmenistan. Accountability will not release the debtor from the obligation to comply with the action, provided the court decision.
7. In determining for the matters referred to in this Article, private complaint or bring a particular view can be filed.

Article 112. Execution of the executive document for reinstatement

1. In case of voluntary default by the respondent court decision to reinstate illegally dismissed or transferred to another job worker, the bailiff goes to court with the idea of ​​making the decision to pay the employee the average salary for all time from the day the decision on the restoration of the employee on the day of his execution .
2. The damage caused to the employee payment of sums of money as a result of non-fulfillment of the award may be withdrawn from the official, guilty of non-fulfillment of the court decision on reinstatement under the claim of the defendant or the superior in the order of subordination organ, as well as on the court's initiative or at the request of the prosecutor. The amounts levied in these cases the officials are determined in accordance with the Labor Code of Turkmenistan. 3
. Execution of decisions on reinstatement is considered complete after the actual admission of illegally dismissed or translated employee to perform former duties, following the publication of the employer orders the cancellation of his illegal order of dismissal or transfer.

Article 113. Execution of the executive instrument of eviction from the dwelling

1. In case of failure of the executive instrument of the debtor's eviction from the premises within the period prescribed bailiff, the eviction is carried out forcibly in the presence of witnesses.

2. The bailiff officially notify the debtor about the time of eviction from the dwelling. The absence of the debtor duly notified about the eviction of the time, is not an obstacle for the execution of the executive document. 3
. The eviction of the debtor's premises consists of liberation premises specified in the executive document, the prohibition of the deportee (evicted) use the liberated premises, its (their) property.
4. In the production is made out of inventory of property vacated premises and, where appropriate, its storage is provided with the laying on of the debtor incurred costs. Storage of the debtor's property is carried out within a period not exceeding six months, after which the specified property in the manner prescribed by law, may be recognized as ownerless.
5. Money raised from the sale of the debtor's property and remaining after reimbursement approval for the implementation of executive, returned to the debtor. Despite the message, not claimed by the debtor of money stored on the deposit account of the respective court. After three years, said the money is transferred to the state.

Article 114. Execution of the executive instrument of the universe as a living room

1. The bailiff provides check-creditor in the premises specified in the executive document.
2. The bailiff officially notifies the creditor and the debtor of the universes of time. The absence of the debtor properly notified about the time of introduction, not an obstacle to the execution of the executive document. 3
. Earliest claimant formalized act and performed in the presence of witnesses.

CHAPTER X. DISTRIBUTION Sought
AMOUNTS BETWEEN vzyskatelja

Article 115. The order of the claimants meet requirements

1. When failure to recover from the debtor the amount to meet all the requirements under the executive documents this sum is distributed among the claimants in the manner specified below prioritization:
1) Firstly, the claims for alimony, the demands of workers and employees, arising out of labor relations, the members claim farmers association related to the work in the farmers' associations, the requirements related to the cost of legal services lawyers, claims for payment of remuneration due to authors for the use of works, inventions, industrial design, to compensate for damage claims caused to injury or other impairment of health, as well as due to the death of the breadwinner;

2) second, the claims for taxes and non-tax payment to the state budget of Turkmenistan, with Government on compulsory insurance of insurance claims of legal entities regardless of ownership for damages caused to a crime or administrative offense;
3) in the third, the claims for the recovery of the value of the collateral for the obligations secured by a pledge;
4) in the fourth, the claims of legal entities regardless of ownership for the obligations, not collateralized.
2. After the full satisfaction of the above requirements are met all other requirements. 3
. After the full satisfaction of the above requirements are met the requirements for insurance and citizens' claims for damages caused to their property by a crime or misdemeanor.
4. The claims of each subsequent turn are satisfied after the full repayment of the claims of the previous turn. At insufficiency of the collected amount to the full satisfaction of all claims of one turn, these requirements are met proportion to the amount due to each claimant.
5. The legislation of Turkmenistan may be determined by regulations in the preferential right of satisfaction of the requirements for collecting payments related to the activity of rail, sea, river and air transport, communications and credit institutions institutions. In some cases, the legislation of Turkmenistan may be established advantages to meet other requirements.
6. The order of the satisfaction of the requirements for collecting payments from the debtor's accounts with credit institutions, established by the legislation of Turkmenistan.

CHAPTER XI. COSTS committed executive actions and proceedings RECOVERY

Article 116. Expenses for the commission of executive actions

1. Expenses related to the commission of executive actions are spent on their organization and conduct of the State Budget of Turkmenistan and the means of the executive production.
2. Expenses for the commission of executive actions include money spent on:
1) identification, inspection, evaluation of the debtor's property;
2) organizing and conducting the inventory and the arrest of the debtor's property, transport and storage of such property;
3) the implementation of the seized property;
4) payment of interpreters, experts and other persons attracted to the established procedure to the commission of executive actions;
5) transfer (forwarding) by mail to the claimant recovered amounts;

6) bank costs associated with the issuance of the amounts collected from the current account;
7) wanted by the debtor;
8) travel bailiff in the commission of executive actions on all forms of public transport (except taxis);
9) other necessary steps in the process of execution of the executive document. 3
. During the enforcement of enforcement actions by the executive documents for the recovery of amounts from the debtor's property, five (5) percent of the funds withheld or collected from the debtor in the State Budget of Turkmenistan, as well as in favor of the natural and legal persons, the bailiff is paid as a bonus.
4. These costs and payments, by definition, the judges awarded in favor of the state or in favor of a bailiff.

Article 117. The procedure for reimbursement of expenses related to the commission of executive actions

1. The costs of the commission of executive actions shall be recovered from the debtor.
2. Upon the termination of the enforcement proceedings in connection with the abolition of a court or other body of regulations, based on which was issued the executive document, the cost of the commission of executive actions are reimbursed at the expense of the State Budget of Turkmenistan, except cancellation of the decision on the claimant's fault. 3
. Upon the termination of the enforcement proceedings due to the unjustified refusal of the claimant obtaining objects, the cost of the commission of executive actions are collected from the creditor.
4. Recovery of costs, produced at the expense of the State Budget of Turkmenistan, and the body of the compensation or the person who committed it, or for the payment of salaries by the court bailiff on the basis of the submission of the bailiff and the documents confirming the costs produced.
5. Consideration of the representation by the court bailiff is made by the notification of the debtor and the creditor, but their absence does not create obstacles to the consideration of the case. A copy of the court within three days sent to the debtor and the claimant. private complaint brought by private or representation may be filed at a court determination.
6. Payments made to the bailiff in connection with the execution of a court order, which came into force in the case of changes or cancellations in the supervisory procedure will not be returned and will not be paid.

Article 118. The execution of the decision Turn


1. In case of cancellation of the ruling given in the execution, and to make after a new examination of the case the decision to dismiss the claim in whole or in part of any determination on termination of proceedings or abandonment of the claim without consideration of the debtor shall be returned to all that were with him were recovered in favor of the Cancelled the decision on claimant (execution of the turn).
2. In case of failure to return property in kind in the decision, decision of the court shall be provided compensation for the value of that property in money.

Article 119. The procedure for accounting of deposit funds and making them available to claimants

1. To exercise control over the deposit accounts in banks and determining membership of cash stored on them, bailiffs are obliged to keep records of the deposit of funds by the appropriate bank information.
2. As of district (city) courts, where there are several bailiffs, opened one book accounting of deposit money for a period of one year, and this book is carried out taking into account the senior bailiff. The book should be numbered, strung together and stamped suda. 3
. All activities relevant for the issuance claimants sums of money on judicial decisions could be made only through a deposit account statements receipt by the Chairman of the etrap (city) court or payment orders for the transfer of institutions and organizations of the respective sums of money. When transferring funds from the deposit account issued by mail order, and attached to it a list with the addresses of all claimants and the amounts of money to be transferred.
4. Checks drawn on the claimant's name, issued by the claimant in person or person with power of attorney to receive funds under the passport presence or confirming the identity of another document, what on the reverse side of the check is a special mark, which specifies the number, date of issue and issuing authority document. Check and order signed by the chairman etrap (city) court, or his deputy, or a judge (first signature) and a bailiff (second signature).
5. It is prohibited to issue a copy of the receipt to the person issuing the check as well as the name of the bailiff and other departments employees, management is allowed only with the presentation of the monetary prize bailiff.

6. If the institution of the book accounting of deposit monies into it fits all monetary amounts, the remaining places on the day of accounting books on the deposit account etrap (city) court in the bank. In the case of receipt of a copy of the personal account in the bank it made recordings as they become available. Book accounting of deposit amounts verified by the head of the etrap (city) court or a judge at least once a month by reconciliation and calculation of received and granted funds from an extract from the bank's deposit account, with the result that on the first day of each month, the remainder must match the deposit amount on the statement from the account, open a banking institution to calculate the customer.
7. By checking the balance of the deposit amounts heads of departments, management put an inscription in the book accounting "verified" and assured the inscription of a signature.
8. The funds remaining as of January 1 of the new year on a deposit bank account, rewritten in a new book with the full name of each of the remaining amount of money separately and indicating their affiliation.
9. Deposit bank account opened in the name of the courts of districts and towns with the rights of districts, provinces and cities with the rights of velayat, the Supreme Court of Turkmenistan control.
10. The funds transferred to the deposit account of the courts of districts and towns with the rights of districts, provinces and cities with the rights of provinces are stored in the following order:
1) deposit sums of money to be citizens of the issuance, - for three years;
2) deposit sums of money to be transferred to state enterprises and organizations operating in the self-supporting basis, as well as public organizations - for one year;
3) deposit sums of money to be transferred bodies financed from the State budget and local budgets, if these funds were received before 31 December of the year on outstanding court cases - up to 31 December of that year, when it was decided.
11. If an organization or a person on a deposit account which lists the money or value, is abroad (in a foreign country), the calculation of deadlines start from the day of receipt by that organization or indicate the person authorizing the use of cash or valuables received for her (his ) name. After these deadlines amounts of money placed on deposit account for the unresolved court cases, accrued from the date of the decision of the court in other cases - by the person in whose name the deposit sums of money made, - from the date of dispatch of the notice the person or organization.

12. These rules do not apply to the mortgaged property, the sums of money deposited into a deposit account in order to ensure civil suits, and sums of money to be divided among creditors.
13. The shelf life of these sums shall be calculated from the date of dispatch of the notice of the judge to grant these amounts of money on accessories person who has filed a lawsuit.
14. Nobody, except the chairman or deputy chairman of the district of ships and towns with the rights of districts, or the judge (if one judges), Courts of provinces and cities with the rights of provinces, the chief or deputy respective Supreme Court of Turkmenistan's management does not have the right to give instructions for the withdrawal or surrender of money funds from the deposit account.

CHAPTER XII. Execution of judgments of courts and other authorities in respect of foreign citizens, stateless persons and foreign institutions

Article 120. Execution of decisions of courts and other authorities in respect of foreign citizens, stateless persons and foreign institutions

Execution of judgments of courts and other bodies in respect of foreign citizens, stateless persons and foreign institutions in accordance with this Law and international treaties of Turkmenistan.

Article 121. Execution of decisions of international and foreign courts, arbitrations

Design Turkmenistan judgments of international courts and foreign courts and arbitration shall be as provided by the relevant international agreements and the legislation of Turkmenistan Turkmenistan.

Article 122. The procedure for sending the collected funds to a foreign country

1. In accordance with agreements with foreign countries to provide legal assistance in civil and criminal cases on the definition of enforceable decisions of foreign courts and arbitration in the territory of Turkmenistan shall be made by the court at the place of residence of the debtor. On the basis of an enforceable decision of the court of a foreign state and arbitration, as well as the determination of Turkmenistan court for permission to enforce its writ of execution is sent for execution to the bailiff of the court on the debtor's place of residence according to the rules defined by this Law.
2. The funds recovered in the income of citizens living in a foreign country on the basis of the decisions of courts and similar acts of judicial authorities of States which have concluded with Turkmenistan an agreement on legal assistance, as well as the Court of Turkmenistan decisions, withheld from wages of the debtor payment, in accordance with the law Turkmenistan.
3
. In case of receipt of funds, collected from the debtor, on the deposit account of the court activities for their transfer claimants in accordance with the legislation of Turkmenistan through credit institutions. In the payment order for removal from the register and the administration of these funds in the claimant's address specified deposit account.
4. Cash, levied on businesses and individuals by decisions of Turkmenistan ships in the income of persons living in a foreign country, are stored in the deposit account of the court before granting permits claimants to the administration of these funds to a foreign country or to the accounts of claimants, public credit institutions of Turkmenistan. After granting permission transfer these funds to a foreign country by the appropriate bank of Turkmenistan.

Chapter XIII. Responsibility for violation of legislation on enforcement proceedings

Article 123. Liability for failure to comply with the executive document

1. Failure to comply with this Act and the executive document legal and physical persons is punishable in accordance with the legislation of Turkmenistan.
2. Bringing to justice the debtor does not release him from his obligation to perform actions stipulated by the executive document.

Section IV. FINAL PROVISIONS

Article 124. The list of types of property, which may not be levied on executive documents

1. Penalty for executive documents can not be drawn to the following types of property belonging to the debtor the right of personal property or is a share in the common property necessary for the debtor and the persons who are dependent on him:
1) a single dwelling house, apartment or individual his (her) part, in which the debtor and his family permanently live;
2) persons whose main occupation is farming - farm buildings and livestock in an amount necessary to meet the needs of family members, as well as animal feed;
3) seeds needed for planting the next crop;
4) home furnishings, utensils, dishes, clothing;
5) clothes, footwear, underwear, bedding, kitchen and dining utensils that were used,
6) furniture, especially necessary for the debtor and his family members, including one refrigerator and one air conditioner;
7) of felt, two rugs, two Palace;
8) all children's belongings.
2. If the debtor's primary occupation is agriculture - food in a quantity necessary for the debtor and his family until the next harvest.
3
. Inventory (including manuals and books), necessary for the continuation of the professional activity of the debtor and his family members.

Article 125. Entry into force of this Act

1. This Law shall enter into force on 1 July 2015.
2. The Cabinet of Ministers before the entry into force of this Act to develop and adopt appropriate legal acts.


President Gurbanguly Berdimuhamedov of Turkmenistan



Mountains. Ashgabat
8 November 2014
number 135-V.