Transformation of the Judiciary in Turkmenistan after 1991. Aspects of Development of Administrative Judiciary
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.