Abstract
The article examines the process of formation of the Turkmen judicial system after Turkmenistan declared independence in 1991. The stages of reforming and transformation of the judicial system in the Republic of Turkmenistan in different periods are studied: 1990–2000, 2001–2020. In addition, the structure of the judicial system of Turkmenistan, the system of courts of general jurisdiction (regional courts and local courts), the system of arbitration courts, judicial boards of the Supreme Court of the Republic of Turkmenistan (in civil cases, arbitration cases, administrative cases, criminal cases) is analyzed, and the judicial selfgovernment bodies of the Republic of Turkmenistan are also investigated: the National Conference of Judges, the Qualification Board of Judges, the Council of People’s Assessors at district courts. In addition, the norms of the Civil Procedure Code of the Republic of Turkmenistan, the Arbitration Procedure Code of the Republic of Turkmenistan and the Code of the Republic of Turkmenistan on Administrative Procedures on issues arising from administrative and public legal relations are analyzed. The article draws attention to the lack of functioning of the constitutional judicial system and the Constitutional Court in the Republic of Turkmenistan, as well as the need to establish constitutional control over normative acts of the legislative and executive branches of the republic in the country. It is proposed to establish administrative courts in Turkmenistan in all regional centres of the country and the capital of the republic, as well as to adopt the Code of Administrative Procedure of Turkmenistan in the country. The article draws attention to the fact that the creation or liquidation of arbitration, regional or local courts would be carried out not only on the basis of a Presidential Decree, but also on the basis of a proposal of the Supreme Court of the Republic of Turkmenistan with the consent of the Parliament of the Republic of Turkmenistan.
Highlights
On the basis of the rules of functioning of the Constitutional Supervision Committee of the Turkmen Soviet Socialist Republic, the Constitutional Court was not created in Turkmenistan, and the committee itself was recognized as not corresponding to the formed political system of the Republic and was liquidated [12]
On the basis of the principles of functioning of the Constitutional Supervision Committee of the Turkmen Soviet Socialist Republic, a constitutional tribunal was never established in Turkmenistan, and the committee itself was recognized as not corresponding to the formed political system of the Republic and was liquidated
Appropriate amendments should be made to the Constitution of the Republic Turkmenistan (1992) [8] concerning the role of the Constitutional Court in the judicial system of Turkmenistan
Summary
It borders Kazakhstan in the north, Uzbekistan in the north and east, Iran and Afghanistan in the south. In the west it is washed by the Caspian Sea. From 1924 to 1991, Turkmenistan was part of the Union of Soviet Socialist Republics as a Union republic (Turkmen Soviet Socialist Republic). On August 22, 1990, the Supreme Council of the Turkmen Soviet Socialist Republic (abbreviation – TmSSR) adopted the Declaration of independence of the Turkmen Soviet Socialist Republic [2], which was signed by members of the TmSSR supreme council in the capital of the state – Ashgabat. The Declaration laid the foundations for the elaboration of a new Constitution of the TmSSR, the conclusion of a new trade union agreement within the USSR and the improvement of Republican legislation
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