RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF TURKMENISTAN

of December 18, 1996 No. 6

About application of the legislation by consideration by courts of cases on release of property from arrest

Consideration by courts of claims for release of property from arrest is important guarantee of protection of Constitutional rights of citizens for property.

As showed generalization of court practice, courts generally correctly, according to the current legislation resolve cases of this category.

At the same time cases when courts not fully research proofs take place, without the bases, sufficient to that, refuse claims for protection of the rights to the property constituting common joint property of spouses or members of daykhansky economy.

There are facts of unreasonable release of property of the debtor from arrest that leads to violation of the rights of claimants, has an adverse effect on compensation of the damage caused by crimes and other offenses reduces efficiency of application of such measure of punishment as confiscation of property.

Courts not always react to the violations allowed in case of property attachment. In some cases persons which spent the property transferred to them to safe custody are not made responsible.

For the purpose of elimination of noted shortcomings and ensuring the correct application of the legislation in case of permission courts of the specified cases the Plenum of the Supreme Court

decides:

Make to courts the following explanations:

1. Courts consider disputes on release of property from arrest by rules of claim production irrespective of whether it is seized according to the procedure of application of measures of providing the claim, the address of claim to property of the debtor in pursuance of the decision or the court verdict or when the notary makes the inventory as measure for protection of heritable property and in others, the cases provided by the law.

Instruction in sentence about confiscation of property of the convict as the tool crime is not obstacle for consideration according to the procedure of civil legal proceedings of dispute on accessory of this property to the third parties and about release it from arrest.

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