About Notary Public
(Bulletin of the Mejlis of Turkmenistan in 1999, № 1, p. 9)

(With amendments and additions introduced by the Law of Turkmenistan
from 02.07.2009 № 44-IV)
Section I of


The organizational bases of activity of public notaries


Chapter I
General


Article 1. The concept of public notaries

State notaries - is a system of bodies and officials, who are responsible to certify the rights as well as the facts of legal significance, and perform other notarial acts in order to give them legal certainty.

Article 2. Legislation of Turkmenistan on State Notaries

Law of Turkmenistan on State Notaries based on the Constitution of Turkmenistan and consists of this Law and other normative legal acts of Turkmenistan.

Article 3. Bodies and officials who commit notarial acts

Notarial acts committed in Turkmenistan by state notaries who work in the state notary's offices.
In localities where there are no public notaries, notarial acts committed officials gengeshes (archin or Deputy archyn).
For Turkmen citizens who are abroad, notarial acts, provided by this law, committed by the consular offices of Turkmenistan.
Certificate of wills and powers of attorney, having the force of notarized documents can also be carried out by officials, referred to in Article 19 of this Law.


Article 4. The State notary

A notary public may be a citizen of Turkmenistan, which has a law degree and passed internship notary public.
Notary public has no right to engage in other activities, except for teaching and research.
Notary public is appointed and dismissed by the Minister of Justice of Turkmenistan.


Article 5. Rights notary public

Notary public has the right to:
demand from enterprises, institutions and organizations information and documents necessary for notarial acts;
Make agreements and draft statements, make copies of documents and extracts from them, as well as explanations and advice on notarial acts.


Article 6. Duties of notary public

The public notary is obliged to:
perform their professional duties in accordance with this Act and taking the oath;

Help citizens, businesses, institutions and organizations in the implementation of their rights and protection legitimate interests, to explain to them their rights and duties;
Warn about the consequences perform notarial acts;
Maintain the secrecy of information, known in connection with the implementation of notarial acts;
Provide tax authorities with the guarantee of property value for the calculation of the tax on property transferred into the ownership of the citizens by way of inheritance and gifts;
Provide the authorized state body on counteraction to legalization of proceeds from crime and terrorist financing necessary information in accordance with the law;
Refuse a notary action in the event of non-compliance the legislation of Turkmenistan and international treaties of Turkmenistan.



Article 7. The oath of a notary public

Those who first granted the right to engage in notarial activities, take the oath in a solemn ceremony.
Approves the following text of the oath of a notary public:
"I, (full name), do solemnly swear to perform the duties of a notary honestly and in good faith, in accordance with the laws of Turkmenistan and conscience, respect for the rights and legitimate interests of citizens and organizations, of professional secrecy, to be worthy of the lofty title of a notary public. "


Article 8. Secrecy notarial acts

Public notaries and other officials who commit notarial acts, are obliged to observe the secrecy of these actions.
Information (documents) on the notarial acts are issued only to citizens and legal persons on behalf of whom or in respect of which perform notarial acts.
Information about notarial acts shall be issued upon written request of the court, the prosecution, inquiry and investigation in connection with being in their production and considering criminal and civil matters.
Details Wills issued only after the death of the testator.
The obligation to preserve the confidentiality of notarial acts also extends to persons who became aware of these actions in connection with the performance of their duties.
The persons referred to in paragraphs one and five of this Section, which have violated the secret of notarial acts shall be liable in accordance with the law.


Article 9 Restrictions on the right of notarial acts


Public notaries, officials gengeshes who commit notarial acts are not entitled to perform notarial acts in his own name and on its behalf, in the name and on behalf of their spouses, their relatives and their loved ones, as well as in the name and on behalf of employees of the state notary office or of gengesh. Officials gengeshes not have the right to perform notarial acts also in the name and on behalf of the gengesh.
Notarial acts committed in these cases any other notary public or Gengesh. In cases where, in accordance with the legislation of Turkmenistan notarial acts must be committed to a certain notary's office, the scene of a notarial act is determined in accordance with the procedure established by the Ministry of Justice of Turkmenistan.
Consular officers may not perform notarial acts in his own name and on its behalf, in the name and on behalf of their spouses, their relatives and their loved ones.
Officials, listed in Article 19 of this Law shall not be entitled to certify wills and powers of attorney in his name and on his behalf, in the name and on behalf of their spouses, their relatives and their loved ones.
By the close relatives mentioned in this article include parents, children, grandchildren, grandfather, grandmother, brothers, sisters.
Notarial acts committed with violation of the rules established by this Article shall be deemed invalid.


Article 10. Entry notary public

Intern notary public can be a person who has a law degree.
Entry notary public on probation in the public notary office. Working conditions trainee determined by the Ministry of Justice of Turkmenistan in compliance with labor legislation.
Notary public prepares the trainee to the notary activities.


Article 11. Notarial correspondence

Notarial correspondence is carried out by a notary public in accordance with the rules approved by the Ministry of Justice of Turkmenistan.


Article 12. Language of the notary office

Notarial correspondence in state notary's offices and gengesh conducted in the state language, and the documents issued as a result of notarial acts, drawn up in a language acceptable to the parties.
Notarial correspondence in the consular offices of Turkmenistan conducted in the language in which paperwork is carried out in the consular offices of Turkmenistan.

For those who do not speak the official language, translation of texts and documentation carried notary public, officer, to perform notarial acts, or a translator.
Chapter II of


Public notaries

Article 13. Organization of the work of public notaries

Public notaries are created and liquidated by the Ministry of Justice of Turkmenistan, which provide guidance to them.
States employees of public notaries are approved by the Ministry of Justice of Turkmenistan.
Public notary is a legal entity, has a seal with the State Emblem of Turkmenistan and its name. The head of state notary office head.
Public notaries are established statistical and accounting reports and submit to the Ministry of Justice of Turkmenistan and financial bodies reports related to the commission of notarial acts, the recovery of state fees and other payments.
To make the most complex of notarial acts in the city of Ashgabat and provincial centers are the first public notaries.
In the first public notaries assigned to coordinate the activities of notaries public, assist in the professional development of notaries public, to protect and represent the interests of notaries public in government and administration, participation in the development of draft regulations on notary matters.

Article 14. Payment of notarial acts and services provided by notaries public

For the commission of notarial acts notaries public state duty in accordance with the current legislation.
For the provision of legal and technical services to public notaries charge a fee, the amount of which is determined by the Ministry of Justice of Turkmenistan.
Every notary notarized documents indicate the size of the state fee.

Article 15. Financing of the activities of public notaries

Activities of public notaries is funded from the State budget.


Section II of notarial acts
Chapter III of


The powers of notaries public and other
Officials notarial acts

Article 16. Notarial acts committed by public notaries

Public Notaries perform the following notarial acts:

Certify transactions (contracts, wills, powers of attorney, etc.);
Take measures to protect inherited property;
Issue certificates of inheritance;
Issue certificates of ownership on the part of common property of spouses;
Impose in cases prescribed by law prohibition on alienation of residential houses, apartments, villas, garden houses, garages, other real estate;
Show fidelity of copies of documents and extracts from them;
Show the authenticity of signatures on documents;
Show loyalty to the translation of documents from one language to another;
Certify the fact of a citizen is alive;
Certify the fact of being a citizen in a certain place;
Certify the identity of the citizen with the person shown in a photograph;
Certify the time of presentation of documents;
Transmit the statements of citizens and legal persons to other individuals and legal entities;
Take to deposit money and securities;
Commit the executive inscriptions;
Make protests of bills;
Impose checks for payment and certify the non-payment of checks;
Accept the deposit of documents;
Make sea protests;
Provide evidence.
In accordance with the law on notaries public can be entrusted the commission and other notarial acts.

Article 17. Notarial acts committed by officials gengeshes

Officials gengeshes person committing the following notarial acts:
certify wills;
Certify the power of attorney;
Take measures to protect inherited property;
Show fidelity of copies of documents and extracts from them;
Show the authenticity of signatures on documents.
In accordance with the legislation of Turkmenistan on official gengeshes persons may be charged with the commission and other notarial acts not provided for in this Article.

Article 18. Notarial acts performed by consular institutions of Turkmenistan

Consular institutions of Turkmenistan perform the following notarial acts:
certify transactions (contracts, wills, powers of attorney, etc.), In addition to contracts for the alienation and pledge of immovable property situated in Turkmenistan;
Take measures to protect inherited property;
Issue certificates of inheritance;
Issue certificates of ownership on the part of common property of spouses;
Show fidelity of copies of documents and extracts from them;
Show the authenticity of signatures on documents;
Show loyalty to the translation of documents from one language to another;
Certify the fact of a citizen is alive;

Certify the fact of being a citizen in a certain place;
Certify the identity of the citizen with the person shown in a photograph;
Certify the time of presentation of documents;
Take to deposit money and securities;
Commit the executive inscriptions;
Accept the deposit of documents;
Provide evidence;
Make sea protests.
In accordance with the law on the consular offices of Turkmenistan may be imposed and the commission of other notarial acts.

Article 19. Identity officials wills and powers of attorney equated to notarized

By notarized documents are equal:
wills of citizens who are undergoing treatment in hospitals and other stationary medical institutions, health centers, or living in homes for the elderly and disabled, certified by the chief physicians, their deputies on medicine or doctors on duty these hospitals, hospitals, health centers, as well as directors and chief physicians of homes for the elderly and disabled;
Wills of citizens staying while sailing on ships and inland waterway vessels flying the flag of Turkmenistan, certified by the captains of these vessels;
Wills of citizens who are in exploration and other similar expeditions, certified by the heads of these expeditions;
Wills and power of attorney of servicemen and other persons who are undergoing treatment in hospitals, sanatoria and other military medical institutions, certified by the heads, their deputies on medicine, senior doctors on duty and these hospitals, sanatoria and other military medical institutions;
Wills and power of attorney of servicemen, and in places of location of military units, formations, institutions and military schools, where there is no public notaries, and other officials who commit notarial acts, and wills and power of attorney of workers, their families and members of military families certified by the commander (chief) of the units, formations, institutions and schools;
Wills and powers of attorney of persons in places of detention, certified by the heads of places of detention.
The officials listed in this article, are obliged to, without delay, transmit one copy of certified wills deposited with the notary public at the permanent place of residence of the testator.

The captains of ships are required to transmit one copy certified by the chief port of wills or Consul of Turkmenistan Turkmenistan in a foreign port for subsequent referral to the state notary's office on the domicile of the testator or the Ministry of Justice of Turkmenistan.
If the testator did not have permanent residence in Turkmenistan or the place of residence of the testator is not known, the will be sent to the state notary's office, determined by the Ministry of Justice of Turkmenistan.
The public notary is obliged to check the legitimacy of incoming deposited with the will and in the case of the establishment of non-compliance of its law to inform the testator and the officer, making sure a will.
Certificate of wills and powers of attorney officials referred to in this article shall be subject to the requirements of Articles 8, 22, 23 and 32 of this Law.


Section III of Regulation notarial acts


Chapter IV of General rules of notarial acts

Article 20. Place of notarial acts

Notarial acts committed by any public notary office or Gengeshi throughout Turkmenistan, except for cases stipulated in Articles 9, 39, 40, 47, 53, 58, 59, 60, 72, 80, 95 of this Law, as well as in other cases where, under the legislation of Turkmenistan notarial act must be committed to a certain state notary office or Gengeshi.
Notarial acts committed in the premises of public notary office or gengesh. In some cases, notarial acts can be committed outside these premises, if the citizens on whose behalf they are made for a good reason (illness, disability, etc.) may not appear in the premises of the state notary office or gengesh.
Place of notarial acts by consular institutions of Turkmenistan is determined by the law of Turkmenistan "On the consular offices of Turkmenistan abroad."


Article 21. Terms of notarial acts

Notarial acts committed on the day of submission of all required documents and payment of the state fee specified size.
Notarial acts may be delayed by the need to reclaim the additional information or documents by officials of enterprises, institutions and organizations and focus on the examination of documents.
The period for which deferred notarial acts, in these cases should not exceed one month.

In the case where the court posts the immediate application of the person concerned, challenged the right or fact as to the identity which asks other interested person, the commission notarial act be suspended until the resolution of the case by the court.
Notarial acts may be postponed at the request of citizens who want to go to court to challenge the law or fact, of which the certificate requests other interested person. Notary public shall have the right in this case to postpone the notarial acts for a period of not more than ten days. If the due date of the trial will not receive a message arrives concerned citizen statements, notary public to perform notarial acts.
The legislation of Turkmenistan may establish other grounds for adjournment and suspension of notarial acts.

Article 22. Identification has applied for a notary's

When performing notarial acts notary public and other officials shall identify applied for a notary's citizen, his representative or the representative of the enterprise, institution, organization, applied for a notary's.
Identification should be carried out on the basis of a passport or other documents, excluding any doubt about the identity of the citizen who applied for a notary's.

Article 23. Checking the capacity of citizens and legal capacity of legal persons participating in transactions

If it turns out the certification of transactions capable citizens and verified legal capacity of legal entities involved in the transaction. In the case of a transaction representative checked his credentials. If the certificate of the will the notary public shall indicate it on the capacity of the testator.


Article 24. Procedure for signing documents

When the certificate transactions and performing other notarial acts in the cases provided for by the legislation of Turkmenistan, verified the authenticity of the signatures of the contracting parties and other persons who have applied for notarial acts.
Notarized transaction, as well as statements and other documents are signed in the presence of a notary public or other officer to perform notarial acts. If the transaction, application or other document signed in the absence of such officials, the signer must personally confirm that the document signed by him.

Public notaries and other officials who commit notarial acts, may not require the personal attendance of officials of enterprises, institutions and organizations, if they have a sample of their signatures obtained by personal visit, and the authenticity of a signature is not in doubt.
Contents notarized transaction, as well as statements and other documents to be read aloud to all the participants of the transaction.
Certificate transactions, statements or other documents the officials referred to in Articles 17 and 18 of this Act, shall be subject to the requirements of this Article.

Article 25. Requesting information and documents necessary to perform a notarial act

Public notaries and other officials who commit notarial acts shall have the right to demand from the legal entities information and documents necessary for notarial acts. The relevant information and documents must be submitted within the period specified by a notary public or other officer authorized to perform notarial acts. This period shall not exceed one month.


Article 26. Requirements for documents submitted for notarial acts

Public notaries and other officials who commit notarial acts, do not take for notarial Action documents having erasures, Registry, crossed out words and other not stipulated corrections, as well as documents, executed in pencil.
Text notarized transactions must be written clearly and precisely related to the content of the document and the terms are marked at least once words and names of legal entities - without reductions to the addresses of their bodies. Last name, first name and patronymic of the citizen, the address of his place of residence must be written in full.
In the document, the amount of which exceeds the one sheet, sheets must be bound, numbered and sealed.


Article 27 of identification label

Notarization of transactions testimony of fidelity copies of documents and extracts from them, the testimony of fidelity translation of documents from one language to another, as well as the testimony of the authenticity of signatures on documents is an inscription about this in the relevant document with the official stamp application.
In support of the right of inheritance, property rights, certificates citizens finding of facts in the living and in a certain place, the identity of the citizen with the person shown in a photograph, decision on custody of the documents issued by the relevant evidence.


Article 28 Issue of a duplicate of the lost document


If you lose a document issued or certified by a notary public or official gengesh, to perform notarial acts, a duplicate of the lost document issued by the said officials at the written request of a citizen, enterprise, institution, organization, on behalf of or in relation to which the notarial acts were committed .
Public notaries also issue duplicate wills received for storage by the officials listed in Article 19 of this Law.

Article 29. Issuance of the registry for the registration of notarial acts

Notary public or official gengesh, to perform notarial acts, gives an extract from the registry for the registration of notarial acts at the written request of citizens, enterprises, institutions and organizations on behalf of or in respect of which the notarial acts were committed.


Article 30. Registration of notarial acts

All notarial acts performed by notaries and state officials gengeshes are registered in the registry for the registration of notarial acts. Number under which was registered in the register of notarial action is indicated in the documents issued by these persons and of identification inscriptions.
Registry form for the registration of notarial acts and notarial certificates and forms of identification labels on the transactions and evidenced by documents established by the Ministry of Justice of Turkmenistan.


Article 31. State duty

Notary public officials gengeshes for the commission of notarial acts, as well as for the compilation of transactions projects, applications, making copies of documents, extracts from them, issuing duplicate documents with interested parties in accordance with applicable law charged the state fee in the prescribed amount of than specified in the document issued.
For notarial acts committed outside the notary's office, the state duty is charged at double rate, and in addition, interested persons should pay the actual expenses related to the departure for the commission of those acts.
Consular offices of Turkmenistan for the commission of notarial acts with the interested parties will be charged the visa fee; with these same persons are charged the costs associated with the commission of notarial acts.


Article 32. Refusal to perform notarial acts

Public notaries and other officials who commit notarial acts:

Denied committing notarial act if the commission of such acts contrary to the law;
Do not take for notarial Action documents, if they do not comply with legal requirements or contain information discrediting the honor and dignity of citizens.
Public notaries and other officials who commit notarial acts, at the request of the person who has been denied in notarial acts, should explain the reasons for refusal in writing and explain the procedure for its appeal. In these cases the notary no later than five days from the date of application for a notary's action makes a decision to refuse to notarial acts.
Legal acts regulating the activities of consular establishments, can be installed and other grounds for refusal of notarial acts by consular institutions of Turkmenistan, as well as set the order of such refusal.

Article 33. Appeal against notary acts or refusal of the commission

The interested person who considers improper notarial acts or failure in notarial acts, have the right to file a complaint about this to the etrap (city) court on the location of public notary office.
Complaints wrong committed by an official of the consular post notarial act or refusal to the commission dealt with in accordance with the legislation of Turkmenistan.
Complaints about incorrect certificate of wills and powers of attorney or denial of their identity officials referred to in Article 19 of this Law, submitted to the court at the location of the hospital, other inpatient medical facility, nursing home or home for the elderly and disabled, expedition, hospital, military hospital, places of detention.
Complaints about improper probate certificate or refusal of his identity captain of a ship or an inland navigation vessel, flying the flag of Turkmenistan, submitted to the court at the place of registration of the vessel.
The consideration of such complaints by the court in the manner prescribed by the civil procedural legislation of Turkmenistan.
Public notaries and other officials who commit notarial acts, participate in the affairs of the complaints against notary acts or refusal from committing them.

Article 34. Settlement of disputes about the right, based on notarial acts

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


Article 35. The measures taken by the public notaries and other officials who commit notarial acts, the detection of violations of the law

Public notaries and other officials who commit notarial acts, which revealed the commission of notarial acts violating the law by citizens or by officials to notify the adoption of necessary measures related enterprises, institutions, organizations or the prosecutor's office.
If the authenticity of the document is in doubt, a notary public or other officer to perform notarial acts shall have the right to hold the document and send it to the examination.
Notary public and other officials who commit notarial acts, are obliged to submit to the authorized state body on counteraction to legalization of proceeds from crime and terrorist financing information on transactions and operations that cause suspicion in the legalization of proceeds from crime and financing terrorism and subject to mandatory reporting in accordance with the legislation of Turkmenistan.

Article 36. Complaints against the notary public is not related to the commission of notarial acts

Complaints against the notary public is not related to the merits of them committed notarial actions are considered by the Ministry of Justice of Turkmenistan.


Chapter V
Features certificate transactions and the issuance of ownership certificates

Article 37. Transactions, certified by a notary

Notary public or other officials who commit notarial acts and certify the transaction, for which the law establishes a mandatory notarial form of their commission. At the request of the parties and make sure others do not contradict the law of the transaction, for which the law does not set mandatory notarization.

Article 38. Clarification of the parties the meaning and value of transactions projects

Public notaries and other officials who commit notarial acts, the parties are obliged to explain the meaning and value of transactions submitted projects and to check whether the content of the actual intentions of the parties.

Article 39. Identity of transactions on the alienation of real estate and other property subject to compulsory state registration, or pledge agreements


If notarization of transactions for the alienation or mortgage of immovable and other property subject to compulsory state registration of the property belonging checked person who commits or alienation of collateral and the lack of prohibition of alienation or seizure.
In the presence of the prohibition on alienation of property transactions can be verified only with the consent of the lender and the purchaser on the transfer of debt to the acquirer.
Certificate of contracts on alienation or mortgage of immovable property is carried out at the location of said property.


Article 40. Certification of agreements on the construction of a residential house

Contracts for nationals of land for construction of residential houses on the right of private property shall be certified by public notary at the place of land allocation.
If certification of contracts, specified in part one of this article, the notary public verifies compliance with the contract requirements of the legislation governing the right of citizens to build housing on private ownership.


Article 41. Witnesses transaction

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


Article 42. Certification of wills

A notary public and officials who commit notarial acts, certified wills capable citizens, drawn up in accordance with the requirements of section 4 of article 5 of the Civil Code of Turkmenistan Saparmurat Turkmenbashi and personally presented them the notary public or other officer authorized to perform notarial acts. Certification of wills by proxy is not allowed.
When probate certificate of the testator does not require the submission of evidence proving his right to bequeath property.
Citizen, who bequeathed the property, the right to participate in the preparation of wills, if it wants the testator.


Article 43. Cancellation and change of wills

In the case of a notary public or official gengesh, to perform notarial acts, statements made about the cancellation of the will, as well as getting a new will, to cancel or change previously made a will, it is a mark on the copy of the will that is stored in the public notary office or Gengeshi, and in the registry for the registration of notarial acts. The signature on the statement on the abolition of the will should be notarized.



Article 44. The certificate of powers of attorney

Notary public or other officer to perform notarial acts, may certify the power of attorney on behalf of one or more persons on behalf of the name of one or more persons name.
The power of attorney may be issued for a period not exceeding three years.
If the proxy is not specified period, it shall remain in force for one year from the date of the transaction, except in cases specified in the second part of Article 91 of this Law. The power of attorney, which does not indicate the date of the transaction invalid.
Power of attorney issued by way of transfer may be notarized only upon presentation of the basic power of attorney, which stipulates the right of substitution, or by presenting evidence that the representative of the main power of attorney forced to do so by force of circumstances to protect the interests of the person issuing the power of attorney. A power of attorney issued by way of transfer, should not contain more rights than they provided at the main power of attorney. The validity of power of attorney issued by way of transfer shall not exceed the term of the power of attorney on the basis of which it was issued.
The power of attorney issued by way of transfer, in addition to general details should be given time and place of the main proxy certificate.

Article 45 Number of copies ascertainable transaction

By a notary public or official gengesh, to perform notarial acts, it is at least two copies of the certified trades, one of which remains in the affairs of state notary office or gengesh.


Chapter VI
Take measures to protect inherited property

Article 46. The duty to report that opens the inheritance

Enterprises, institutions and organizations where the deceased worked or studied, police, housing maintenance organization at the place of residence of the deceased, as well as citizens-owners of apartment buildings in which the deceased lived, are obliged to inform the public notary office or gengesh availability the assets remaining after the deceased, the heirs who are absent, and they know the data about the place of residence or work prospective heirs.


Article 47. Measures for the protection of inherited property

Public notaries and officials gengeshes who commit notarial acts, at the place of opening the inheritance according to citizens or organizations or on its own initiative take measures to protect inherited property, when it is necessary in the public interest, the heirs, legatees or creditors.

If the testator's property or part thereof are not in the place of opening the inheritance, notary public or official gengesh, to perform notarial acts, directs at the place of opening the inheritance to the state notary office or the Council on the location of inherited property instructed to take measures to safeguard its .


Article 48. Notification of heirs of inheritance opens

Notary public or gengeshes officials who commit notarial acts received a message that opens the inheritance shall be obliged to inform the heirs, the place where they know they live or work.
Notary public or gengeshes officials who commit notarial acts can also make a call by the heirs or public announcement about it in the press release.


Article 49. Production of the inventory of hereditary property and the appointment of the custodian or guardian

For the protection of ancestral property state notary or official gengesh, to perform notarial acts, it makes an inventory of the property and transfers it to the storage of the heirs or other persons, or appoint a guardian.
If a part of the inheritance has a property that requires management, as well as the creditors claim the deceased before the estate heirs, the notary public's office assigns a property guardian. In areas where there are no state notary's office, Gengesh appoint in such cases over the guardian of the estate and report opens, and the legacy of the measures taken for its protection in the relevant notary public.
The keeper, guardian and other persons who are transferred for storage (the charge of) the inherited property, warned about the responsibility for embezzlement, concealment or alienation of hereditary property and liability for damages.

Article 50. Compensation for storage of hereditary property

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


Article 51. Removal of protective measures with the inherited property


Protection of hereditary property extends to all the heirs accept the inheritance, and if it is not accepted - before the deadlines for the adoption of inheritance established by Articles 1241 and 1242 of the Civil Code of Turkmenistan Saparmurat Turkmenbashi.
Public notary and gengeshes officials who commit notarial acts, in the case of termination of measures to protect inherited property shall first notify the heirs, and if they are not available, - the body authorized to manage state property.


Article 52. Issuance of sums of money from the inheritance property

If necessary, the state notary's office before accepting the inheritance heirs, and if it is not accepted, then the state before issuing the certificate of inheritance, makes an order for the extradition of the hereditary property of sums of money:
to cover the costs of care for the testator during his illness, and his funeral;
Maintenance people who were dependent on the deceased;
To meet the claims of wage claims, and equal to them;
To cover the costs for the protection of inherited property and its management, as well as the publication of the notice of opens inheritance.
In the absence of a part of hereditary property of sums of money made available to the extradition of things, the cost of which shall not exceed the amount of expenses actually incurred.


Chapter VII of the Law on Issuance of certificates of inheritance

Article 53. Place and date of issue of the right of inheritance certificates

Upon written request of the heirs of the state notary office at the place of opening the inheritance issue certificates of inheritance.
Licensing of inheritance made in the terms established by article 1315 of the Civil Code of Turkmenistan Saparmurat Turkmenbashi.


Article 54. The procedure for issuing certificates on the right of inheritance

Certificate of right to inheritance shall be issued to the heirs who accepted the inheritance in accordance with Article 1314 of the Civil Code of Turkmenistan Saparmurat Turkmenbashi.
The heirs do not accept the inheritance within the statutory period can be included in the certificate of inheritance, with the consent of all other heirs who accepted the inheritance. This agreement shall be notified in writing prior to the issuance of the certificate of inheritance.
Certificate of right to inheritance shall be issued to all heirs together or each one individually according to their wishes.
When changing the property by right of inheritance to the state certificate of right to inheritance shall be issued by the Authority.



Article 55. Conditions for issuing a certificate of inheritance by law

Notary public in the issuance of the certificate of inheritance by law by reclamation from the heirs of evidence to verify the death of the testator, the time and place of opening the inheritance, kin or other relationship with the testator, it is the basis for calling to inheritance by law, composition and location of inherited property, on which a certificate of right to inheritance.
If one or more legal heirs are unable to provide proof of kinship and other relations with the testator, are the basis for calling to inheritance by law, they may be included in the certificate of inheritance, with the consent of all other heirs who accepted the inheritance and reporting relevant evidence.


Article 56. Conditions for issuing a certificate of inheritance by will

Notary public in the issuance of the certificate of inheritance, bequest by vindication of the relevant evidence heirs verifies the fact of death of the testator, the existence of the will, time and place of opening the inheritance, composition and location of the inherited property, on which a certificate of right to inheritance.
Notary public also finds the number of persons entitled to a compulsory share in the inheritance.

Article 57. Conditions for issuing a certificate of inheritance in respect of property subject to registration

If the composition of the ancestral property consists of a house or other real estate, notary public title document requires the ownership house or other real estate to the testator, help Bureau of Technical Inventory, and in the countryside - a certificate gengesh on the composition and structure of its Assessment.
The public notary is obliged to check up, whether there is a ban on the alienation of a dwelling house or other immovable property or the arrest of a house or other real estate.
To be included in the certificate of inheritance of a property subject to registration (car, motorcycle, etc..), Notary public verifies the ownership documents of the property to the testator.


Chapter VIII
Issuance of certificates of title
to share in the common property of spouses

Article 58. Licensing the joint application of spouses

Public notaries joint written application of spouses give to one of them or both of the spouses of the certificate of ownership of the share in the total assets accumulated during the marriage.

The flight certificate of ownership of the house, part of a house, apartment, cottage, garden house, garage issued by the public notary office at the location of the property.


Article 59. Issuance of the certificate in the case of death of a spouse

In the case of the death of one of the spouses is a certificate of ownership for a share in the common property of spouses shall be issued upon written request of the surviving spouse of the state notary office at the place of opening the inheritance prior notice known notary heirs accepted the inheritance, to issue the certificate.
Certificate of title to share in the common property of spouses may be issued in the name of the surviving spouse to half of the total property acquired during the marriage.
Upon written request of the heirs accepted the inheritance, with the consent of the surviving spouse, the certificate of ownership can be determined and the share of the deceased spouse in the common property.


Head of the IX Imposing the prohibition of alienation of an apartment house or other real estate

Article 60. Imposing prohibitions

Notices bank institutions, enterprises and organizations on the issue of loans to citizens for construction, major repairs and the purchase of an apartment house (the house), or other immovable property, as well as the certification of contracts on pledge of an apartment house (the house), or other immovable property state notary at the location of a dwelling house (the house), or other immovable property imposes a ban on the alienation of a dwelling house (the house), or other immovable property.
Public notary announces the imposition of the prohibition of executive authority at the location of a dwelling house (the house), or other immovable property.


Article 61. Removal of prohibitions

Notary Public, having received notice of the establishment of the bank, company or organization on the repayment of the loan or a message on the termination of the contract of pledge, removes the prohibition of alienation of a dwelling house (the house), or other immovable property.
Public notary informs the executive authority at the location of a dwelling house (the house), or other immovable property to lift the prohibition.


Chapter Witnessing the X fidelity of copies of documents and extracts from them,
signature authenticity and fidelity of translation


Article 62. Certification of the authenticity of copies of documents and extracts from them


Public notaries and officials gengeshes who commit notarial acts show the correctness of copies of documents and extracts from them, issued by enterprises, institutions and organizations as well as citizens, provided that these documents are not contrary to the law, have legal value and testimony the authenticity of copies and transcripts of the law is not prohibited.
Prohibited testimony of fidelity passport copies of the party, the trade union and military tickets, certificates representative of the people (Halk vekili), identity Majlis, gengesh member certificate.
Gengeshes officials who commit notarial acts, may not testify fidelity copies of documents about the end of secondary school, vocational, specialized secondary and higher educational institutions.
Testimony of fidelity copies of the acts of the supreme bodies of state power and state control of Turkmenistan concerning the personal rights and interests of citizens, as well as copies of documents on foreign languages, only in the first State notary offices.
Fidelity copy of the document issued by the citizen is evidenced in cases where the authenticity of the signature on a document certified by a citizen of the state notary office or enterprise, organization, institution of the place of work, study or residence of the citizen or the administration of the inpatient treatment institution in which he is on healing.
Loyalty statements can only be certified by such documents, the content of which concerns certain issues. Extract should contain the full text of the document relating to one or more of the issues set out in the document.


Article 63. Certification of the authenticity of copies of copies of documents

Fidelity copy of a copy of the document can be authenticated by a notary public, provided the true copy certified by a notary or a copy of a document issued by the enterprise, organization, institution, from which emanates an authentic document. In the latter case, a copy of the document should be placed on the company letterhead, organizations, institutions, with a stamp and a stamp that the original document is in the enterprise, the organization, institution.


Article 64. Witnessing signatures

Notary public or official gengesh, to perform notarial acts, demonstrates the authenticity of signatures on documents, the content of which is not contrary to the law and is not a statement of transactions.

In the transaction can only be certified the authenticity of the signature, the signer of another person who can not sign his own as a result of disability, illness or other reasons.
Notary public or official gengesh, to perform notarial acts, indicating the authenticity of a signature does not certify facts stated in the document, but only confirms that the signature made by a particular person.


Article 65. Testimony of a fidelity of translation

Notary public testifies faithful translation from one language to another, if he has the relevant languages. If the notary public does not speak the relevant languages, translation of the document can be made known to him as a translator, the authenticity of the signature which he testifies.


Chapter XI
Certification of facts

Article 66. Certification of the fact of being a citizen in the living

Public notary certifies that a citizen is alive. Certification of fact finding alive a minor made at the request of his legal representatives (parents, adoptive parents, guardians).
In support of the said circumstances the notary public shall issue certificates to interested persons.

Article 67. Certification of the fact of being a citizen in a certain place

Notary public at the request of the citizen certifies the fact of finding it in a certain place. The certificate of the fact of being in a certain place of the minor is made at the request of his legal representatives (parents, adoptive parents, guardians).
In support of the said circumstances the notary public shall issue certificates to interested persons.


Article 68. The certificate of identity of the citizen with the person shown in a photograph

Public notary certifies the identity of the citizen with the person represented by that shown in a national photographic card, to confirm that a certificate is issued to him.


Article 69. The certificate of time of presentation of the document

Public notary certifies the time of presentation of the document to him. Of identification sign of this is done by a notary public on the document indicating the person who presented it.


Head of the XII Transfer applications of citizens and legal entities
other citizens and legal entities

Article 70. Transmission of applications


Public notaries receive from individuals and legal entities applications and transmit them to other individuals and legal entities. Applications are sent by mail with check or notification recipients personally against a receipt.


Article 71. Issuance of a certificate of transfer applications

Notary public at the request of the person who filed the application, issue a certificate of transfer application.


Head of the XIII-making in the deposit of sums of money and securities

Article 72. The adoption of the deposit of sums of money and securities to the lender to transfer

Notary public in the cases provided for in Article 444 of the Civil Code of Turkmenistan Saparmurat Turkmenbashi, the debtor receives a deposit in the state notary's office sums of money and securities to transfer them to the lender.
On receipt of sums of money and securities notary public office shall notify the creditor and at his request gives him the money or securities.
The adoption of the deposit of sums of money and securities is made public notary office at the place of performance of the obligation.


Article 73. Return of sums of money and securities received in deposit

Return sums of money and securities of the person who has made a deposit into their (the debtor) shall be allowed only with the written consent of the person in whose favor the payment is made (the creditor), or by a court decision.


Making the XIV Chapter executive inscriptions


Article 74. Recovery of sums of money or the delivery of property from the debtor

For the recovery of sums of money or the delivery of the debtor's assets make public notaries executive inscription on the documents establishing the debt.
The documents on which the debt collection is carried out without recourse to the basis of executive inscriptions, the Cabinet of Ministers of Turkmenistan.


Article 75. The conditions necessary for the commission of executive inscriptions

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


Article 76. Contents of the executive inscriptions

Executive inscription must contain:
- position, surname and initials of the person making the executive inscription;
- Name and address of the claimant;

- The name and address of the debtor;
- Designation of the term for which the penalty is carried out;
- Designation of amounts recoverable, or things to be requisition, including penalties and interest, if any, are owed;
- Designation of the state fee amount paid by the collector or to be recovered from the debtor;
- The date (year, month, day) commit the executive inscriptions;
- The number under which the executive inscription is registered in the register;
- Signature of the person who committed the executive inscription, official seal of the state notary's office.


Article 77. The order of foreclosure on the writ of execution

Penalty for executive endorsement is made in the manner prescribed by the civil procedural legislation of Turkmenistan for the execution of judgments.


Article 78. The term of presentation of writ

Executive inscription, if the collector or the debtor is a citizen may be presented for enforcement within three years from the date of the transaction, and all other requirements - for one year, unless the legislation of Turkmenistan does not stipulate other terms.
Renewal of the term for submission of executive endorsement made in accordance with the civil procedure laws of Turkmenistan.


Head of the XV
The protest of bills, the presentation of checks
for payment and certification of non payment checks

Article 79. The appeal notes

Public notaries commit protest non-payment of bills, non-acceptance or nedatirovanii acceptance in accordance with the law.


Article 80. Acceptance of checks for payment and certification predyavleniyak unpaid checks

Public notary at the location of the payer receives for presentment for payment checks presented at the end of ten days, and foreign checks - within six months from the date of issue of the check, but not later than 12 hours following the date of this period.
In case of non receipt notary public certifies the non-payment of the check by writing on the receipt in the prescribed form and make a note of it in the registry. Simultaneously with the inscription on the check state notary's office sends a notice of non-payment of his drawer of the check by the bank and the commission of the inscriptions on the check.
At the request of the check holder notary public in the event of non-payment of the check makes the executive inscription.


Head of the XVI Acceptance of documents for storage

Article 81. Acceptance of documents for storage


Public notaries accept the deposit of documents according to the list. One copy of the inventory remains in the state notary's office, another copy issued to a person who passes the documents for safekeeping.
At the request of the person the state notaries can take documents without the inventory if they are packaged properly. Packaging is sealed by the state notary's office and signed by a notary public and signed by the person who passed the documents.
In such cases, the notary public's office is responsible for the safety of the package.
Persons who successfully complete the documents for storage, a certificate is issued.


Article 82. Return of documents accepted for storage

Accepted the deposit of the documents returned to the person who passes them in storage, or legally authorized person upon presentation of the certificate and copies of the list issued by the notary public or by a court decision.


Making the XVII Chapter of marine protests

Article 83. Statement of sea protest

Notary public or official consular institutions of Turkmenistan, to perform notarial actions taken in order to provide evidence for the protection of the rights and legitimate interests of shipowners captain statement about the incident the vessel, took place in the period sailing vessel or parking, which can be the basis for presentation to the shipowner property claims.
Statement of sea protest shall contain a description of the circumstances of the incident and the measures taken by the captain to ensure the preservation of the property entrusted to him.
In support of the facts set out in the statement of sea protest, the captain of the vessel simultaneously with the application or within a period not more than seven days from the date of entry into port of Turkmenistan or of the incident, if it took place in the port, must submit a notary public to Review the log book and a certified extract from the captain of the ship's log.


Article 84. The deadline for the application of sea protest

Statement of sea protest is served in the Turkmen port in the state notary's office within twenty-four hours after the arrival of the ship in port. If the incident giving rise to the application of marine protest occurred in the port, the complaint must be filed within twenty-four hours after the incident. If you find it impossible to make a protest within the prescribed period, the reasons for this should be indicated in the statement of sea protest.


Article 85. Preparation of the act on sea protest


Notary public on the application of the ship's captain, ship's log data, as well as a survey of the captain and the possibility of at least two witnesses from among the commanders of the individual vessel and two witnesses from the crew of the act on sea protest and assured him of his signature and stamp. One copy of the act shall be issued to the captain of the vessel or person authorized by him.


Head of the XVIII Provide evidence

Article 86. Applications for securing evidence

At the request of interested parties state notaries make securing of evidence required in cases of legal proceedings or administrative authority, if there is reason to believe that presentation of evidence thereafter would be impossible or difficult.


Article 87. The procedure for providing evidence

When performing actions to secure evidence notary public is guided by the relevant rules of civil procedure legislation of Turkmenistan.
About the time and place of providing evidence notify the other party and interested persons, but their absence is not an obstacle for the implementation of actions to secure evidence.
Provide evidence without notice to the other parties and stakeholders is made only in cases of urgency, or when it is impossible to determine who would later participate in the case.
In order to provide evidence of the notary public questioning of witnesses, is to examine the written and physical evidence, appoints examination.

Article 88. Cases where public notaries do not produce evidence to ensure

Public notaries do not make provision for matters of evidence which at the time of treatment of stakeholders in the public notary office located in the court or administrative authority.

Section IV of
Application of the law on public notaries
to foreign citizens and persons without citizenship. Application of the law of foreign countries. International treaties

Article 89. Notarial acts for foreign citizens and stateless persons, foreign legal entities

Foreign citizens and stateless persons have the right to an equal footing with citizens of Turkmenistan to address the public notaries, as well as in other organs, to perform notarial acts.
Foreign legal entities have the right to apply to the state notary's offices of Turkmenistan, as well as in other organs, to perform notarial acts.

With regard to citizens and legal entities of foreign states, which allowed specific restrictions on the rights of citizens and legal entities of Turkmenistan, retaliatory restrictions may be established by the President of Turkmenistan.

Article 90. Application of norms of international law and the law of foreign countries

Public notaries in accordance with the law, international treaties of Turkmenistan, the norms of international law and the rule of law of foreign countries.
Public notaries accept documents drawn up in accordance with the legislation of foreign states, as well as commit certifying text in the form provided by the legislation of foreign states, unless it is contrary to international treaties of Turkmenistan.

Article 91. Application of the law of Turkmenistan to the protection of inherited property and issuing a certificate of inheritance. Power of Attorney, designed to carry out actions outside Turkmenistan

Activities related to the protection within the territory of Turkmenistan assets remaining after the death of a foreign citizen or property owed to a foreign citizen, after the death of the citizen of Turkmenistan, as well as the issuance of a certificate of inheritance in respect of such property shall be exercised in accordance with the law .
Validated by a notary public attorney, intended to commit acts outside Turkmenistan, contains no indication of the date of its action remains effective until it is canceled by a person issuing a power of attorney.

Article 92. The adoption of public notaries Turkmenistan documents drawn up in other states

Documents drawn up outside Turkmenistan officials of the competent authorities of other states, as well as documents originating from them, taken by public notaries Turkmenistan provided their legalization by the Ministry of Foreign Affairs of Turkmenistan.
Without legalization of such documents are received by public notaries Turkmenistan in cases when it is stipulated by the legislation of Turkmenistan and international treaties of Turkmenistan.

Article 93. Execution of orders of foreign judicial authorities and appeals of public notaries Turkmenistan with the instructions to the judicial authorities of other states


Public notaries perform Turkmenistan transmitted to them in the prescribed manner the order of foreign judicial authorities on the production of certain notarial acts, except in cases when:
execution of the order would be contrary to the sovereignty of Turkmenistan or to endanger its safety;
Execution of the order is not in the competence of public notaries Turkmenistan.
Enforcement of foreign judicial authorities orders to commit certain notarial acts performed in accordance with the law.
Public notaries Turkmenistan may turn to foreign judicial authorities with the instructions on the production of certain notarial acts.
The order of notaries public relations of Turkmenistan with foreign judicial authorities determined by the legislation of Turkmenistan and international treaties of Turkmenistan.


Article 94. Provision of the evidence required to conduct business in the bodies of other states

Public notaries Turkmenistan provide evidence required to conduct business in the bodies of other states.


Article 95. International treaties

If an international treaty of Turkmenistan establishes different rules for the production of notarial acts than those provided for by the legislation of Turkmenistan, in the commission of notarial acts, the rules of the international treaty.
If an international treaty of Turkmenistan within the competence of public notaries Turkmenistan notarial acts not provided for by the legislation of Turkmenistan, the Turkmen state notaries make it a notarial act in the manner prescribed by the Ministry of Justice of Turkmenistan.


Turkmen President Saparmurat Turkmenbashi


Ashgabat city 30 April 1999
number 355-I.