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On The Organs Of Turkmenistan's Adalat

Original Language Title: Об органах адалат Туркменистана

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On the organs of Turkmenistan's Adalat * this law defines the legal and organizational basis, principles of activity of bodies of Turkmenistan's Adalat, their tasks, rights and obligations, as well as establishes guarantees for the legal and social protection of officials of Turkmenistan's Adalat.
 
Chapter i. General provisions article 1. Bodies of Turkmenistan Turkmenistan's Adalat Bodies Adalat (hereinafter-bodies Adalat) are public bodies providing within its authority to protect the rights, freedoms and lawful interests of a person and citizen, interests of society and the State, carrying out legal support of activity of the State.
 
Article 2. The legal basis of activity of bodies of Adalat 1. The legal basis for the activity of the organs of the Constitution of Turkmenistan's Adalat, this law and other normative legal acts of Turkmenistan, regulating bodies Adalat.
2. If an international treaty to which Turkmenistan stipulates other rules than those contained in this Act, the rules of the international treaty shall apply.
 
Article 3. Principles of activity of bodies of Adalat activity of Adalat is built on the principles of legality, equality of man and of the citizen before the law, to ensure the protection of their rights, freedoms and legal interests, as well as the interests of society and the State, justice, humanism, openness, interaction with other State authorities.
 
Article 4. The main tasks of the organs of the main tasks of the organs of Adalat Adalat are: 1) the provision within the limits of their powers, the protection of the rights, freedoms and lawful interests of a person and citizen, interests of society and the State;
2) within the limits of their powers, the legal provision of the State;
3) participate in the formulation of draft regulations prepared by the Majlis of Turkmenistan and the Cabinet of Ministers _ * translated from the official language of Turkmenistan.
Turkmenistan respectively, giving suggestions and legal opinions on them, develop proposals on perfection of legislation of Turkmenistan;
4) State registration and systematization of normative legal acts of Turkmenistan;
5) State registration of normative legal acts of Turkmenistan;
6) State registration of public associations, political parties and religious organizations;
7) dacha of legal opinions on draft international treaties to which Turkmenistan is a party;
8) response within the limits of their powers, the international treaties to which Turkmenistan is on the provision of legal assistance;
9) dacha legal assessment of international loan agreements of Turkmenistan;
10) arranging for representation on behalf of Turkmenistan in international courts and tribunals, courts of foreign States;  
11) State registration of rights to immovable property and transactions associated with it;
12) carrying out notarial activities;
13) public accounting, staffing, permanent storage, use and maintenance of electronic database of vital records, entering the Central civil registry archive (hereinafter REGISTRAR) under the Ministry of Adalat Turkmenistan;
14) providing organizational and methodical assistance in the activities of bar associations and the coordination of their activities;
15) organization within the limits of their powers, the activities of the bodies of the REGISTRAR;
16) provide legal and methodical assistance to Gengesham;
17) Organization of activities to enhance the professional qualifications of lawyers and other professionals;
18) licensing of legal aid;
19) exchange of legal information with foreign countries;
20) clarification of legislation and organizational-methodical maintenance of raising legal awareness;
21), execution of the other tasks stipulated by the legislation of Turkmenistan.
 
Article 5. International cooperation bodies Adalat Adalat Bodies within its competence, shall cooperate with the relevant agencies of foreign States and international organizations and participate in resolving issues arising from the international treaties to which Turkmenistan is a party.
 
Article 6. Ensuring protection of human and civil rights and freedoms in the work of Adalat 1. Adalat bodies in carrying out their tasks provide equality of human and civil rights and freedoms, as well as the equality of man and of the citizen before the law irrespective of their nationality, race, sex, origin, property and official status, place of residence, language, attitude to religion, political beliefs, party affiliation or lack of affiliation with any political party.
2. any person who considers that his rights and freedoms, as well as the legitimate interests have been violated by the actions of officials of Adalat, has the right to appeal against these actions in the order established by the legislation of Turkmenistan.
 
Article 7. Relationship of bodies with other State bodies Adalat and local authorities 1. Adalat bodies in carrying out their tasks interact with other State authorities and bodies of local self-government.
2. the public authorities and local self-government and their officials must assist Adalat in the protection of human rights and freedoms and their legitimate interests, and the interests of society and State, as well as other tasks.
 

CHAPTER II. System and organization of ORGANS of ADALAT Article 8. Adalat system 1. Adalat system consists of: 1) Ministry of Adalat Turkmenistan;
2) divisional Adalat regions;
3) service on the State registration of rights to immovable property and transactions associated with it, when the Ministry of Adalat Turkmenistan;
4) public notaries;
5) central archives of the REGISTRY OFFICE under the Ministry of Adalat.
2. the establishment, reorganization and liquidation of bodies included in the system of Adalat, are carried out in accordance with the legislation of Turkmenistan.
 
Article 9. Appointment and dismissal of Minister Adalat Turkmenistan 1. Minister of Turkmenistan's Adalat, Adalat bodies system performs in accordance with the Constitution of Turkmenistan is appointed and dismissed by the President, with the consent of the Mejlis of Turkmenistan.   
2. Minister of Turkmenistan's Adalat may be relieved at his own request, or in connection with his transfer to another job, in connection with the inability to perform his duties for health reasons or in cases of misconduct, not compatible with the execution of his mandate.
 
  Article 10. Appointment and dismissal of the heads of Adalat 1. Deputy Minister of Turkmenistan's Adalat, Chief State Registrar service on State registration of rights to immovable property and transactions associated with it, when the Ministry of Adalat in Turkmenistan are appointed and dismissed by the President on the recommendation of the Minister of Turkmenistan's Adalat.
2. exemption from duty public officials referred to in the first part of this article, shall be permitted on the following grounds: 1) at their own request;
2) in connection with his transfer to another job;
3) for health reasons;
4) in the case of improper performance of duties;
5) in case of misconduct, which is incompatible with the performance of official powers;
6) in connection with the termination of the citizenship of Turkmenistan;
7) on other grounds stipulated in the labour legislation of Turkmenistan.
 
Article 11. Ministry of Adalat Turkmenistan 1. Ministry of Adalat Turkmenistan (hereinafter the Ministry) Minister of Turkmenistan's Adalat.
2. the Ministry is the central body of the Executive power that carries out State policy on regulation of activities of bodies of Adalat, performing tasks aimed at ensuring the protection of the rights, freedoms and lawful interests of a person and citizen, interests of society and the State, legal maintenance of activity of State and engaged in the implementation of the tasks entrusted to the bodies of Adalat this law and other normative legal acts of Turkmenistan.
3. the Ministry, exercising organizational leadership bodies within the system of Adalat, Adalat bodies system organizes and performs its tasks independently or through the relevant bodies of Adalat.
4. the Ministry is the founder of the newspaper "Adalat".
5. the Ministry shall be approved by the President of Turkmenistan.
 
Article 12. Departments of Adalat velayats 1. Departments of Adalat velayats are State bodies engaged in the regions implementation of the respective responsibilities of the authorities Adalat.
2. Position about a Department Adalat velayat is approved by the Minister of Turkmenistan's Adalat.
3. the Division of Adalat velayat is headed by a Chief, appointed to Office and released from Office by the Minister of Turkmenistan's Adalat on agreement with the Cabinet of Ministers of Turkmenistan.
 
Article 13. Service on State registration of rights to immovable property and transactions associated with it, when the Ministry of Adalat Turkmenistan 1. Service on State registration of rights to immovable property and transactions associated with it, when the Ministry of Adalat Turkmenistan (hereinafter service) is the State body which carries out State control in parts of the State registration of rights to immovable property and transactions related to it.
2. Service managed by the Chief State Registrar.
3. Management services and the territorial authority, which employs three or more State Registrar, is headed by a Chief-senior State Registrar, and the territorial authority, which employs two State Registrar-senior State Registrar appointed and released from Office by the Minister of Turkmenistan's Adalat.
4. Legal and organizational basis of the service shall be established by the Turkmenistan law "on State registration of rights to real estate and transactions with it" and other normative legal acts of Turkmenistan.
 
Article 14. Public notary offices 1. Public notary is a public body created in velayats, towns with the rights of provinces, districts, cities, city districts in the districts for implementation of notarial activities of notaries public.

2. Legal and institutional framework of the State notary office, as well as the procedure for the exercise of notarial activities are established by the Turkmenistan law "on notaries and notarial activity" and other normative legal acts of Turkmenistan.
3. Public notaries regions and Ashgabat leads the head appointed to Office and released from Office by the Minister of Turkmenistan's Adalat on agreement with the Cabinet of Ministers of Turkmenistan.
4. Public notaries etraps, towns with etrap rights, towns in etraps, in which there is more than one notary, is headed by a senior State notary appointed to Office and released from Office by the Minister of Turkmenistan's Adalat.
 
Article 15. The central archives of the REGISTRY OFFICE under the Ministry of Adalat Turkmenistan 1. The central archives of the REGISTRY OFFICE under the Ministry of Adalat Turkmenistan is the State body which carries out state accounting, staffing, permanent storage, use and maintenance of an electronic database of vital records, as well as control over the correct maintenance of the archives of the registry offices.
2. the central archives of the REGISTRY OFFICE under the Ministry of Adalat Turkmenistan is approved by the President of Turkmenistan.
3. The Central Archive REGISTRAR at the Ministry of Adalat Turkmenistan manages head appointed to Office and released from Office by the Minister of Turkmenistan's Adalat.
 
CHAPTER III. The COMPETENCE of the BODIES of ADALAT Article 16. Duties of Adalat Bodies Adalat in accordance with the assigned them tasks must: 1) ensure the protection of the rights, freedoms and lawful interests of a person and citizen, interests of society and the State;
2) within its competence to carry out legal ensuring of public activity;
3) prepare draft laws and other normative legal acts on the instructions of the President of Turkmenistan, the Cabinet of Ministers of Turkmenistan and on its own initiative;
4) give legal assessment of draft normative legal acts submitted to the Cabinet of Ministers of Turkmenistan;
5) develop, on the basis of the orders established by regulatory acts of the President of Turkmenistan, the proposals for amendments and additions to legislation of Turkmenistan deriving from these acts;  
6) to carry out legal examination of the relevant normative legal acts and their State registration;
7) maintain state registration and systematization of normative legal acts of Turkmenistan and their reference Bank;
8) maintain an electronic database of normative legal acts;
9) to system of legal information and the exchange of legal information;
10) prepare and publish collections of normative legal acts of ministries, departments, local authorities, have passed the State registration in the Ministry;
11) explain the natural and legal persons the legislation of Turkmenistan;
12) conduct State registration of public associations, political parties and religious organizations and the State register;
13) to exercise control over the compliance of the activities of public associations, political parties and religious organizations of their statutory goals and tasks;
14) to perform State registration of projects, programs and grants of foreign technical, financial, humanitarian assistance for public associations and religious organizations, as well as control over their intended use;
 15) maintain liquidated voluntary associations and religious organizations, as well as voluntary associations and religious organizations, whose activities are in accordance with the legislation of Turkmenistan, discontinued, suspended or prohibited;
16) to conduct State registration of rights to immovable property and transactions associated with it, and keep their State register;
17) legal review of draft international treaties of Turkmenistan and pass judgement on them;
18) to carry out, within the limits of their competence, international treaties of Turkmenistan on the provision of legal assistance;
19) give legal estimation of international loan agreements of Turkmenistan;
20) ensure the representation on behalf of Turkmenistan in international courts and tribunals, courts of foreign States;  
21) exercise in the prescribed manner, cooperation with the justice system of foreign States and international organisations;
22) to provide samples of the books of the State registration of acts of civil status and forms of certificates of civil status acts for adoption by the Cabinet of Ministers of Turkmenistan, to ensure their publication;
23) provide evidence of forms ZAGS bodies of registration of civil status, monitor their registration, storage and use;
24) approve a change of surname, first name and patronymic of Turkmen citizens;
 
25) to implement state accounting, staffing, permanent storage, use and maintenance of an electronic database of vital records, entering the central archives of the REGISTRY OFFICE under the Ministry of Adalat in Turkmenistan, as well as monitoring the correct maintenance of the archives of the registry offices;
26) provide advisory and technical assistance activities of the organs of the CIVIL REGISTRY;
27) to perform notarial actions;

28) ensure implementation of the notarial acts in accordance with the law and proper maintenance of notarial production;
29) to the organizational-methodical assistance to activities of bar associations;
30) to provide legal and technical assistance Gengesham on issues related to the implementation of notarial actions, registration of acts of civil status;
31) to receive and consider the treatment related to the competence of the organs of Adalat, and give answers to them in the manner and within the period prescribed the laws of Turkmenistan.
32) supervise the accuracy of foreclosure government fees and charges relating to the activities of the bodies of Adalat;
33) to carry out other activities stipulated by the legislation of Turkmenistan.
 
Article 17. The right of the Authorities have the right of "Adalat" Adalat: 1) participate in the preparation of draft laws and other normative legal acts of Turkmenistan developed the Majlis of Turkmenistan and the Cabinet of Ministers of Turkmenistan;
2) elaborate proposals for improvement of the legislation of Turkmenistan;
3) provide, in the prescribed manner to individuals and legal entities legal information;
4) issue codes of Turkmenistan;
5) develop and publish manuals on issues related to the legislation of Turkmenistan;
6) to organize activities to raise the level of professional qualifications of lawyers and other professionals, develop educational tools;
7) request in the prescribed manner of ministries and departments, and other legal and physical persons the information required for its activities;
8) engage in the prescribed manner of appropriate specialists to assess the quality of projects of normative legal acts when carrying out their legal expertise;
 9) to carry out validation in relevant bodies associated with State registration of normative legal acts and give suggestions on the checking results;
10) license legal assistance activities;
11) allow the exchange of legal information with foreign countries;
12) to carry out other activities within its competence.
 
Article 18. Proposals by organs Adalat 1. Adalat bodies conduct inspections connected with State registration of normative legal acts and give suggestions regarding normative legal acts subject to state registration, but not past it, authorities have accepted these legal acts.
2. the proposal shall be considered by the public authority established in it, but not later than one month, with the adoption of measures on Elimination of detected offences. About the time and place of the proposals reported in the corresponding body Adalat, whose representative has the right to participate in the consideration of the proposal.
3. The outcome of the consideration of proposals and measures adopted shall be communicated to the appropriate body Adalat no later than five days from the date of the consideration of the proposal.
 
CHAPTER IV. Legal status and SOCIAL SECURITY OFFICIALS of ADALAT Article 19. Service in the organs of Adalat 1. Service in the organs of Adalat is a type of public service. The activities of the officials of Adalat, Adalat bodies performing tasks in accordance with the requirements established by this law and other normative legal acts of Turkmenistan, is a service in the organs of Adalat.
2. The legal status of employees of Adalat and their conditions of service are determined by this law and other normative legal acts of Turkmenistan, governing bodies of Adalat.
3. labour relations officials of Adalat is governed by labour legislation of Turkmenistan, this law and other normative legal acts of Turkmenistan.
 
Article 20. Limitations associated with the service in the organs of Adalat 1. Adalat officers do not have the right to: 1) to engage in other payable activity except scientific, pedagogical and creative activity;
2) engage in business activities directly or through proxies;
3) used in unofficial purposes of State assets and proprietary information;
4) use for private purposes of physical and juridical persons services provided in connection with the exercise of official authority;
5) be members of political parties and to speak in support of any political party.
2. Employees of Adalat simultaneously may not be members of elected bodies of State power and bodies of local self-government.
 
Article 21. Adalat officers 1. To service in bodies of Adalat accepted citizens of Turkmenistan, capable for their moral qualities, business abilities and educational level, fulfil the tasks entrusted to the bodies of Adalat.
2. Posts in the organs of Adalat, providing for the assignment of class rank, appointed by the citizens of Turkmenistan, having higher education.
3. Personnel Adalat with higher legal education or other post-secondary education, in accordance with their position, work experience, giving the right to attribution of qualifications, are assigned ranks. The procedure for assigning personnel Adalat class rankings and their deprivation is approved by the President of Turkmenistan.

4. Employees of Adalat, which assigned ranks, are provided free of charge to form a uniform approved by the President of Turkmenistan, and attached thereto insignia.
5. A person discharged from the bodies of Adalat, having the experience of work in the organs of Adalat no less than 20 years, having the title of junior Counselor of Justice or a higher rank are entitled to wear clothing shaped. This provision does not apply to persons who have been dismissed for misconduct, discrediting honor officer Adalat, or devoid of class rank.
6. Personnel Adalat issued official identification. Certificate is a document confirming identity, position and rank officer. Sample certificates and the procedure for its issuance is approved by the Minister of Turkmenistan's Adalat.
7. Employees of Adalat upon appointment, awarding State decorations, conferring class rank and other especially solemn circumstances bring sworn personnel of the military and law enforcement agencies of Turkmenistan.
8. Period of operation and service of a staff member recruited to the bodies of Adalat, the judiciary and other law enforcement agencies also work period, a lawyer for legal advice will be counted in the length of service in the organs of Adalat.
9. Translation officer Adalat for service with the other body, which is included in the system of Adalat is carried out in accordance with the labor laws of Turkmenistan.
 
Article 22. Separation in the bodies of Adalat 1. Service in the organs of Adalat is terminated when dismissing an employee.
2. in addition to the grounds provided by the labor laws of Turkmenistan, Adalat officer may be dismissed on the initiative of the head in the following cases: 1) misconduct marring the honor officer Adalat;
2) infringement of restrictions associated with service in the organs of Adalat;
3) disclosure of information constituting a State and other secret protected by the law.
 
Article 23. Reinstatement, class rank and employed Adalat officer Adalat 1. Adalat officials illegally dismissed, translated into another post or devoid of class rank, shall be in accordance with the legislation of Turkmenistan, the restoration of the former post and in class rank or appointment, with their consent, to another equivalent post.
  2. the period of forced absenteeism, reduced employee employed Adalat, counted in total professional experience that provides the right to attribution of ordinary class rank.
 
Article 24. Guarantees for members of Adalat, elected Deputy of the Majlis of Turkmenistan or appointed to Office by the President of Turkmenistan 1. For the duration of the relevant authority a Adalat, elected Deputy of the Majlis of Turkmenistan or appointed to another position, an act of the President of Turkmenistan, its service in the organs of Adalat is suspended.
2. upon completion of the term of Office of the members of Adalat, elected Deputy of the Majlis of Turkmenistan, is granted the earlier position, and if this is not possible, on its request another equivalent post.
3. Period of implementation of the relevant authority a Adalat, elected Deputy of the Majlis of Turkmenistan or appointed to another position, an act of the President of Turkmenistan, is counted in its total seniority and length of service entitling him to another class rank.
 
Article 25. Maintenance personnel Adalat 1. Adalat officers salaries consists of salaries, supplements for the ranks. Official salaries and supplements for the ranks are determined by the Cabinet of Ministers of Turkmenistan.
2. Normative legal acts of Turkmenistan can be installed and other surcharges and types of material security officials of Adalat, not provided for in this Act.
 
Article 26. Compensation and personnel guarantees Adalat 1. Adalat officials in connection with the transfer to another body, included in the system of Adalat, or change the location of the body of Adalat establishes the following fees associated with moving to a new place of residence: 1) reimbursement of travel expenses and the costs of transporting household goods officer Adalat and members of his family;
2) allowance for days in preparation for Highway and furnishing at the new place of residence, but not more than six days, as well as salaries for the time finding it's way.
The size of these compensations and procedure for payment thereof shall be established by normative legal acts of Turkmenistan.
2. Adalat officials sent on official business, travel expenses shall be reimbursed in the amount and under the procedure established normative legal acts of Turkmenistan.
 
Article 27. Social protection of the employees of Adalat 1. The State shall guarantee social protection for employees of Adalat.
2. Employees of Adalat provided living quarters in the manner prescribed by the legislation of Turkmenistan.

3. Local executive authorities must, as a matter of priority, provide comfortable living quarters of official Adalat officers requiring improvement of living conditions, and when you assign them to the post within 6 months.
4. procedure of Adalat official living quarters and their use is governed by the housing legislation of Turkmenistan 5. Adalat officers have the right to the extraordinary obtain adjoining plots of land for conducting a personal part-time farm and land for individual housing construction.
6. Employees of Adalat in the direction of travel have the right to the extraordinary purchase of tickets for all types of transport, as well as priority accommodation.
7. The President of Turkmenistan, the Cabinet of Ministers of Turkmenistan and local executive authorities can install additional benefits and other guarantees for the social protection of employees of Adalat, not provided for in this Act.
 
Chapter V final provisions Article 28. Financing and logistics bodies 1 Adalat. Funding and logistical support to bodies being Adalat from the State budget of Turkmenistan.
2. Local executive bodies are obliged to provide authorities Adalat, located on their territory, the relevant premises.
3. Authorities provided transport and Adalat technical means in accordance with the procedure determined by the Cabinet of Ministers of Turkmenistan.
 
Article 29. Responsibility for violation of this Act, the violation of this law entails responsibility in the manner prescribed by the legislation of Turkmenistan.
 
Article 30. The entry into force of this Act, this Act shall enter into force on the day of its official publication.
 
     Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat, June 18, 2016 year no. 407-V.