LAW OF TURKMENISTAN

of February 6, 1998 No. 270a-I

About appeal in court of actions of the state bodies, public associations, local government bodies and officials violating constitutional rights and freedoms of citizens

This Law according to the Constitution of Turkmenistan determines the legal basis of appeal by citizens in court of actions or decisions of the state bodies, public associations, local government bodies and officials violating constitutional rights and freedoms of citizens, and also procedure for consideration by court of the specified claims.

Article 1. The right of citizens to the address with the claim to court

Each citizen, whose constitutional rights and freedoms are broken or restrained by actions or decisions of the state bodies, public associations, local government bodies or officials having the right to appeal with the claim to court.

Foreign citizens and stateless persons have the address right with the claim in court according to the procedure, established by this Law if other is not defined by the legislation or international treaties of Turkmenistan.

Article 2. Actions or decisions which can be appealed in court

Joint or individual actions or decisions of state bodies, public associations, local government bodies and officials can be appealed by citizens in court if as a result of these actions or decisions:

the rights and freedoms of man and citizen established by the Constitution and the laws of Turkmenistan are broken;

constitutional rights and freedom of man and citizen are restrained or obstacles for their implementation are created;

any obligation is illegally assigned to the citizen.

Article 3. Procedure for submission of the claim

On the actions or decisions breaking constitutional rights and freedom of man and citizen he has the right to address with the claim to higher body, to the higher official, to the prosecutor or is direct in court.

The complaint can be made by the citizen whose constitutional rights and freedoms are broken, or his representative.

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