Judgment Reviews Law at Turkmenistan
Information on the laws governing judgment reviews and appeals in Turkmenistan is limited and often highlights significant challenges to judicial independence. However, based on available sources, here's an overview of the legal framework:
1. Judicial System Structure:
Hierarchy of Courts: Turkmenistan has a hierarchical court system, with the Supreme Court of Turkmenistan at the apex. Below it are provincial courts and district/city courts, as well as an Arbitration Court for commercial and economic disputes.
Supreme Court: The Supreme Court serves as the highest judicial body. Its role appears to be limited to cases of "national importance" and it does not function as a standard appeals court.
Appeals: Provincial courts serve as courts of appeal for the decisions made by district courts.
2. Legal Basis for Judgment Reviews:
The legal basis for challenging a court decision would generally be found in the country's procedural codes, such as the Civil Procedure Code and the Arbitration Procedure Code.
These codes likely outline the procedures, time limits, and grounds for filing an appeal or review. The right to judicial protection and to appeal court decisions is enshrined in the country's Constitution.
3. Challenges to an Independent Judiciary:
Lack of Independence: The most significant issue consistently noted by international observers is the lack of judicial independence. The Constitution states that judges are independent and subject only to the law, but in practice, the executive branch, particularly the President, is widely reported to have significant influence over the judiciary.
Presidential Power: The President appoints and can dismiss judges at will, which undermines the judiciary's ability to act without executive interference.
Corruption: Corruption is also cited as a major problem within the Turkmen court system.
4. International Arbitration and Investment Disputes:
For foreign investors, the lack of an independent judiciary means that a domestic court is often considered an ineffective or "futile" avenue for dispute resolution.
Foreign investors are therefore strongly advised to include arbitration clauses in their contracts, specifying a foreign venue for dispute resolution.
Turkmenistan is a signatory to international conventions on dispute settlement, such as the Convention on the Settlement of Investment Disputes between States and Nationals of Other States, which allows for arbitration through the International Centre for Settlement of Investment Disputes (ICSID). The BVI is a major international domicile for captive insurance and reinsurance.
RELATED Blog
0 comments