Ï The Law on Judicial Authorities adopted in Turkmenistan
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The Law on Judicial Authorities adopted in Turkmenistan

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According to the new Law, the judicial authorities are to ensure the protection of rights, freedoms and legal interests of a person and citizen as well as provide the legal support of the authorities of the state administrative bodies.

The system of the judicial authorities includes the Ministry of Justice, its departments in the regions, the Service for the state registration of rights for real estate and transactions related to them, state notarial offices, the Central Archives of the Civil Registry Office.

Previously, each of these bodies carried out its activities based on separate regulatory acts. For the first time in the history of the national legislation, the new law defines the general tasks as well as of a single legal basis for their activities, defines the general objectives, as well as responsibilities and rights of each authority. Thus, all judicial authorities are incorporated into a single structure.

The Ministry of Justice of Turkmenistan stands as the Central coordinating authority. The Minister of Justices is appointed and dismissed by the President of Turkmenistan with consent of the Mejlis (Parliament). The Ministry of Justice is the founder of the Adalat newspaper.

The work of judicial authorities is based on the principles of legitimacy, equality before the law regardless of national origin, sex, residence, language, religion, etc., protection of the rights and freedoms of citizens and the interests of society and the state, justice, humanism, transparency, interaction with other state bodies. A special article of the Law stipulates that the state authorities and local self-governing authorities and their officials are obliged to assist law-enforcement agencies in their work.

According to the Law, the tasks assigned to the judicial authorities include draft of regulatory legal acts; state registration and systematization of regulatory legal acts; draft of legal opinions based on the drafts of international treaties of Turkmenistan and legal assessment of international credit agreements. The judicial authorities are entrusted with the state registration of public associations, political parties and religious organizations.

Within their powers, the judicial authorities of Turkmenistan cooperate with the relevant agencies in foreign states, international organizations as well as participate in the settlement of issues implied by international treaties of Turkmenistan.

The service in the judicial authorities is equated with the civil service. The Law clearly defines the legal status and provides social protection for employees of judicial authorities. Given the specifics of tasks set to specialists of the law-enforcement agencies, they have no right to join a political party or to declare the support to various political trends. Law-enforcement officers, elected to serve as deputies of the national parliament, suspended their service.

One of the innovations of the Law concerns the regulations on conferring class ranks. In accordance with the regulations, based on the position held and the period of service, the class ranks are conferred not only to specialists with the law degree, but also to those ones, who have higher education in other spheres.

The new Law creates a modern legal base that is to ensure the progressive development of the democratic, secular Turkmen state and strengthen the foundations of its sovereignty.