Registration of the record of the acts of a civil condition

Bodies of the RACC 

Registration of the acts of civil conditions by the state is carried out by the bodies of record of acts of civil conditions within their authority.

Bodies of record of acts of civil conditions carry out the state registration of the acts of civil conditions in order to verify the authenticity of the relevant actions of individuals or events that affect the occurrence, change or termination of the rights and obligations of these individuals, as well as to verify the authenticity of events characterizing the legal status of these individuals.

Acts of civil conditions - actions of citizens or events and facts that affect the occurrence, change or termination of rights and obligations of citizens, as well as characterizing the legal status of them, reflected in the relevant records of the acts of civil conditions, which are subject to state registration.


Bodies of the RACC:

- departments of the RACC of the cities with the velayat rights, etraps, cities with the etrap rights, khyakimliks of the etraps in the city;
- Gengeshes in the cities of etrap, in the towns and gengeshliks;
- diplomatic missions or consular offices of Turkmenistan


Departments of the RACC of khyakimliks of the cities with the velayat rights, etraps, cities with the etrap rights, khyakimliks of the etraps in the city carry out state registration of :
- birth;
- marriage;
- divorce;
- adoption;
- establishing paternity;
- change of surname, name and patronymic;
- state registration of the death;
- issue repeated testimonies and certificates;
- make changes, additions and (or) corrections to the record of acts of civil conditions;
- annul and (or) restore the record of acts of civil conditions on the prescribed order.


Gengeshes in the cities of etrap, in the towns and gengeshliks carry out state registration of:
- birth;
- marriage;
- divorce;
- establishing paternity;
- state registration of the death;
- also issue certificates.


The diplomatic missions or consular offices of Turkmenistan carry out state registration of:

- birth;
- marriage;
- divorce;
- adoption;
- establishing paternity;
- change of surname, name and patronymic;
- state registration of the death;
- issue repeated certificates and certificates.

 

1. Family Code of Turkmenistan
2. The regulation on the state record of the acts of civil condition
3. Regulation on the bodies of the record of acts of civil condition

 

 

                                                    Extracts from the Family Code of Turkmenistan

 

Procedure for the state registration of the birth of the child

 

Dates
The application is submitted for the state registration of the birth of the child not later than one month from the birth of the child.
In the case of the birth of a dead child, an application shall be submitted no later than three working days from the date of birth.
State registration of the birth of the child who has reached the age of sixteen years is made on the basis of a court decision.

          Place of the state registration of the birth of the child are

 

The place of submission of the application for the state registration of the birth of the child.
The RACC department, at the place of the birth of the child or at the place of residence of his/her parents (one of them), or the Gengesh.

          Documents required for the state registration 


I. The presence of one of the following documents which is being the grounds for state registration of the birth of the child:
1) issued document of the established form on the birth of a child by the medical institution in which the birth took place;
2) issued document on the birth of a child by a medical institution of which the employee provided medical assistance outside of the medical institution during the childbirth, or to which the mother of the child applied after childbirth;
3) statements of a person who was present during the childbirth of the child born outside of the medical institution (without medical assistance).
In the absence of the grounds for the state registration of the birth of the child, the state registration of the birth of the child is carried out on the grounds of a court decision establishing the fact of the birth of the child.
II. Passports of parents (or a substitute document).
III. Marriage certificate, if the marriage of the child’s parents is registered by the state registration.

          Apply for the state registration of the child’s birth may:

 

          1) the parents of the child (one of them);
2) relatives of the child, neighbors, the administration of the medical institution where the child was born, or guardianship and trusteeship bodies or other persons - in case of illness of the parents or for other reasons that do not allow the application to be submitted.

           The state registration of the birth of the child is performed in a festive atmosphere at the request of the persons.


      Extracts from the Family Code of Turkmenistan

Article 69. The procedure for affiliation in relation to the child and its registration

 

1. Paternity shall be established in relation to the child on the grounds of the joint application of the parents submitted to the RACCSs’ office, or by the decision of the court, and upon the application of the child’s father in cases of the mother’s death, recognition of the mother as legally incapable, deprivation of her parental rights, impossibility to establish the place of stay or the place of reside of the mother.

2. The establishment of the paternity of a person who is not married to the child’s mother is established on the grounds of a joint application of this person and the child’s mother to the RACCSs’ office, upon the application of a person who wishes to establish paternity in relation to the child in cases of mother’s death, recognition of her legally incapable, deprivation of her parental rights, impossibility to establish the place of stay or the place of reside of the mother, if the child has not reached the age of eighteen years, with the consent of the guardianship and trusteeship bodies, and in the absence of such consent, on the basis of court’s decision.

If the person who wishes to establish paternity in relation to the child does not have the opportunity to appear at the RACCSs’ office, he then can send a statement on the establishment of the paternity. In this case, the signature of this person in the application must be notarized.

3. In the presence of circumstances giving reason to believe that the filing of the joint application for affiliation may be impossible or difficult after the birth of a child, persons who are not married to each other, wishing to establish paternity in relation to the unborn child have the right to submit such an application to the RACCSs’ office during mother’s pregnancy.

4. The establishment of paternity in relation to the person who has reached the age of eighteen years is allowed only with his/her consent, and if he/she is recognized as legally incapable by the court, with the consent of his guardian or guardianship and trusteeship authority.

5. The state registration of the established paternity is performed at the RACCSs’ office at the place of residence of one of the parents or at the place of the state registration of the birth of the child or at the place of the rendered court ruling on the establishment of the paternity or on the establishment of the fact of recognition of paternity.

6. The absence of the fact of registration of the parents (one of them) at their place of residence or registration of them at the place of stay cannot serve as the ground for refusing the state registration of the establishment of the paternity of the child. In this case, the state registration of the affiliation of the child is carried out at the RACCSs’ office at the place of the state registration of the birth of the child or at the place of the rendered court ruling on the establishment of the paternity or on the establishment of the fact of recognition of paternity.

7. The state registration of the affiliation based on the court ruling on the establishment of the paternity or on the establishment of the fact of recognition of paternity is carried out at the request of the mother (father) of the child or the guardian (trustee) of the child or the person the dependent of the child, or the child who has reached the age of eighteen years.

If this person does not have the opportunity to appear in the RACCSs’ office to submit such an application, then he can send the application for the state registration of the established paternity. In this case, the signature of that person in the application must be notarized.


Article 70. The procedure for entering information about the parents of the child on the record of the act of birth of the child


1. Registration of data on the record of the act of birth of the child about the parents of the child is entered on the basis of a marriage certificate.

2. If the parents are not married to each other, information about the child’s mother is registered in the record of the act of birth of the child at the application of the child’s mother, and data about the child’s father is registered in, at the joint application of the child’s father and mother, or in accordance with the first part of the article 69 of this Code at the application of the child’s father, or data about the father is recorded on the basis of the court decision.

3. In the case of the birth of a child from an unmarried mother, in the absence of the joint application of the parents or in the absence of the court decision on the establishment of the paternity or on the fact of the acknowledged paternity, the name of the child’s father is entered on the record of the act of birth of the child by the mother’s surname, name and patronymic of the father of the child are entered at the mother’s  indication, nationality and citizenship are entered according to nationality and citizenship of the mother. The information registered cannot be an obstacle to the solution of the dispute on the affiliation. If the mother refuses to provide information about the father of the child, then a dash is put in the column of "father of the child".

4. In the case of the establishment of the paternity was carried out in the court proceeding, the data about the father of the child shall be entered in the record of the act on the established paternity and in the record of the act on the birth of the child on the basis of the information specified in the court decision on the establishment of paternity or on the fact of the acknowledged paternity.

5. On the basis of the record of the act of birth of the child the RACC office that registered the birth of the child writes information about the child in the passports of the parents of the child.

If information about the child was not recorded in the passports of the parents of the child when the birth of the child was registered, as well as, when the parents received the new passport, the information about the child is recorded on the basis of the certificate about the birth of the child by the RACC office that registered the birth of the child, or by the RACC office at the place of stay of the parents (one of them) of the child.

                                                                

Article 71. Affiliation by the judicial procedure

 

1. In the case of the birth of the child from the persons who are unmarried with each other, and in the absence of their joint application or the application of the father of the child, paternity is established in the judicial proceeding at the application of one of the parents, or at the application of the guardian (trustee) of the child or at the application of the person the dependent of the child, or at the application of the child who has reached the age of eighteen years.

2. The court takes into consideration in the establishment of the paternity the cohabitation and maintenance of the common household by the mother of the child and the defendant until the birth of the child or his joint upbringing, or the maintenance of the child or other legal evidence that reliably confirms the recognition of the paternity by the defendant.


Article 72. Establishment of the fact of the recognized paternity


 The fact of the recognition of the paternity, in the event of the death of the person who recognized himself as the father of the child, but was not married to the mother of the child, can be established in the judicial proceeding in accordance with the civil procedural legislation of Turkmenistan.


Article 73. Issuance of the established paternity certificate and the birth certificate of the child 


During the state registration of the established paternity, the RACC offices draw up the record of the act of the established paternity and make appropriate changes to the record of the acts of the birth of the child, issue a certificate on the established paternity and a new certificate on the birth of the child.

 

Article 74. Dispute challenging the paternity (maternity)


1. The record of the acts of the birth of the child is the proof of the parentage of the child from the parents (one of them) indicated in it.

2. The dispute challenging the paternity (maternity), that is challenging information about the parents (one of them) of the child entered in the record of the acts of the birth of the child, is carried out in judicial procedure.

3. A person recorded as the father (mother) of the child or a person who is the actual father (mother) of the child, the child himself upon reaching the age of eighteen years, the guardian (trustee) of the child in the case of the death of the mother (father) or deprivation of her (his) parental rights, the trustee of the parent who is recognized by the court as legally incapable, the person the dependent of the child, the spouse (former spouse) of the mother of the child, has the right to challenge the record in judicial procedure.

4. If at the time of filing the application the person recorded as the father (mother) of the child, by his (her) application or by the joint application, knew that he (she) was not actually the father (mother) of the child, then he/she is not entitled to dispute the paternity (maternity),.

5. A husband who has consented to the artificial insemination of his wife with the help of a donor is recorded as the father of her child and does not have the right to dispute the record in court procedure.


Article 75. Rights and obligations of the child born to parents who are not married to each other


When paternity is established in the manner prescribed by the third part of the Article 68 and Articles 69-73 of this Code, the child born to parents who are not married to each other has the same rights and obligations to the parents and their relatives as the child, born of married individuals.

      Extracts from the Family Code of Turkmenistan

Article 77. Equality of the rights of the child 

 

1. All children living in the territory of Turkmenistan have equal rights, regardless of nationality, race, gender, language, religion, origin, property or other status, education and place of residence of themselves and their parents, from the circumstances of their birth, health conditions or other circumstances.

 2. The child has the right to use all the rights and freedoms granted to him. The realization of rights and freedoms should not have harmful consequences for the life, health, upbringing and full development of the child.

3. The equality of the rights of the child is guaranteed by the laws of Turkmenistan, this Code and other normative legal acts of Turkmenistan, as well as by the generally recognized norms of international law.


Article 78. The right of the child to live and be brought up in the family


  • A child has the right to live in a family with his parents.

The child may not be separated from his parents against his will, with the exception of cases provided for by the legislation of Turkmenistan.

2. The child has the right to live and be brought up in the family, to know his parents, the right to be given care by them, to live together with them, to be brought up by his parents, to the safe and comprehensive development, respect for his human dignity, if this does not contradict to his best interests.

3. The place of residence of the child under the age of seven years or of the person under the guardianship (trusteeship) shall be recognized as the place of residence of his parents, adoptive parents, guardian (trustee).

4. The child who does not live together with his parents (one of them) has the right to maintain personal relations with them (one of them), to receive information about them, if this does not harm (damage) the child, and the secret of adoption.

The state and its relevant bodies facilitate to reunification of the family.

5. In cases of the death of the parents, deprivation of parents' parental rights, illness of the parents, their prolonged absence, restriction of parental rights or if for other valid reasons the child is left without parental care, the child’s right to be brought up in the family is ensured by the guardianship and trusteeship authority in the manner established in the Chapter 16 of this Code.


Article 79. The child’s right to communicate with the parents (one of them) and with the close relatives and to depart from Turkmenistan


1. The child (including the adopted) has the right to communicate with the parents (one of them) and close relatives, including those living outside of Turkmenistan. Divorce of the parents, recognition of marriage invalid or separate residence of the parents do not affect the rights of the child.

2. In the case of the separation of the parents, including those living in different states, the child has the right to communicate with each of the parents.

3. The child, in order to communicate with parents (one of them) and with close relatives living outside of Turkmenistan, is entitled to leave Turkmenistan to them accompanied by the legal representative or by another person with the notarized power of attorney of his/her legal representative. In the absence of the legal representative, the child may be permitted to leave by the guardianship and trusteeship authorities.

Refusal of permission on departure of the child may be appealed in the court.

4. The child aged from fourteen to eighteen years, for the purpose of domicile with parents (one of them) and with the close relatives, is entitled to leave Turkmenistan for permanent residence with them only with the consent of the child, expressed in writing and notarized.

5. In the case of divorce by the parents of the child and the conclusion of a new marriage by them, the child has the right to reside with the stepfather (stepmother) living outside of Turkmenistan, with the consent of the mother (father) of the child former spouse of the child's mother (father), to the child’s departure from Turkmenistan to another state for permanent residence with his stepfather (stepmother), expressed in writing and notarized, if this does not contradict to child’s best interests.

6. The child who is in the difficult life situation (detention, arrest, custodial placement, stay in a medical institution, etc.) has the right to maintain the communication with his parents (one of them) and relatives in the manner established by the legislation of Turkmenistan.

7. Disagreements regarding the communication of children with their parents (one of them) and close relatives, including with those living outside of Turkmenistan, as well as the child’s departure from Turkmenistan for permanent residence to another state, are resolved in the court procedure.

 8. The child has the right to leave Turkmenistan, to participate in sporting events, cultural events, musical and other events, as well as in the case of illness and for other reasons, accompanied by the legal representative or by another person with the notarized power of attorney of his/her legal representative. In the absence of a legal representative, the child may be allowed to leave by the guardianship and trusteeship authorities.

In the absence of the legal representative, the child may be permitted to leave by the guardianship and trusteeship authorities.

Refusal of permission on departure of the child may be appealed in the court.


Article 80. The right of the child to protect his/her rights and legitimate interests


1. The child has the right to protect his rights and legitimate interests. Protection of the rights and legitimate interests of the child is carried out by the parents (one of them) or by the persons replacing them, and in cases provided for by this Code, by the guardianship and trusteeship authority, the prosecutor and the court.

2. The child has the right for protection from abuse by the parents (one of them) or by the persons replacing them.

In case of violation of the rights and legitimate interests of the child, including non-fulfillment or improper performance of the duty of upbringing, to educate the child by the parents (one of them) or persons replacing them, or in the case of abuse of the parental, guardian (trustee) rights, the child has the right to independently apply for protection of his rights and legitimate interests to the guardianship and trusteeship authority and other state bodies.

3. Officials and other citizens who are aware of a threat to the life or health of the child, about the violation of his rights and legitimate interests, are obliged immediately to inform the prosecutor, as well as the guardianship and trusteeship authority at the child’s actual location. Upon receipt of such information, the prosecutor, the guardianship and trusteeship authority must immediately take the necessary measures to protect the rights and legitimate interests of the child.


Article 81. The right of the child to express his opinion


1. The child has the right to express his opinion when deciding any issue affecting his best interests in the family, as well as to be heard in the course of any judicial or administrative proceedings.

2. Consideration of the opinion of the child who has reached the age of ten is mandatory, unless it is contrary to his best interests.

3. In the cases provided for in Articles 83, 97, 114, 116, 127 of this Code, the guardianship and trusteeship authority or court may take a decision only with the consent of the child who has reached the age of ten years.


Article 82. The child’s right to individuality and its preservation


1. The child has the right to preserve his individuality, including citizenship, nationality, and name, patronymic, last name and family ties from the moment of birth.

2. The name of the child is given by the consent of the parents.

3. The patronymic is assigned to the child by the name of the father, and in the case provided for by the third part of Article 70 of this Code, by the name of the person recorded as the child’s father.

4. If information about the child’s father is not entered in the record of the acts of the child’s birth at the request of the mother who is not married to the child’s father, the patronymic can be assigned to him by the directions of the mother.

5. The surname of the child is determined by the surname of the parents.

6. If the parents have a common surname, the child is given the surname of the parents. If the parents have a different surnames, as well as when surname of the parents (one of them) is changed, the child is given the surname of the father or mother with the consent of the parents.

At the request of the parents, the child may be given the surname by the name of the father or grandfather of the child, both on the paternal and the maternal side.

7. In the absence of the consent between parents regarding the name and (or) surname of the child, disagreements shall be resolved by the guardianship and trusteeship authority.

8. The nationality of the child is determined by the nationality of his parents. If the nationality of the parents is different, nationality is determined at the request of the child by the nationality of the father or mother when issuing him a passport.


Article 83. The right of the child to change his surname, name and patronymic 


1. The child has the right to change his surname, name and patronymic.

2. According to the joint application by the parents, the guardianship and trusteeship body, taking into account the best interests of the child, until he/she reaches the age of eighteen, has the right to allow the child to change his name, as well as change his surname to the surname of the other parent or to the surname of the father and grandfather of the child as on the paternal and the maternal side.

 The application for the change in the surname, name and patronymic of the child shall be submitted to the relevant guardianship and trusteeship authorities. Based on the decision of the khyakim on the change of the child’s surname, name and patronymic, the relevant RACC office makes relevant changes to the records of the acts of civil conditions of the child and issues a new certificate.

3. Changes to the surname, name and patronymic of the child who has reached the age of ten years may be made only with his consent.

4. The child has the right to independently change his surname, name and patronymic after the child reaches the age of eighteen years, in the manner established by Article 190 of this Code.

5. Persons indicated in parts two, three and four of this article, if they were previously assigned the patronymic with the words "ogly", "gyzy" added or not added, with the spelling first of their own name, then patronymic, or without patronymic, or without writing a surname, they have the right to change their patronymic and the assignment of the patronymic or last name in the manner established by the parts three to seven of Article 82 of this Code.

6. The change of the surname by the parents (one of them) does not entail the change in the surname of their child who has reached the age of eighteen.

7. The termination of the marriage or its recognition as invalid does not entail the change in the surname of the child.

8. If the parents live separately and the parent with whom the child lives wishes to assign his last name to him, the guardianship and trusteeship authority resolves this issue taking into account the best interests of the child and the views of the other parent. Taking into account the opinion of the other parent is not necessary if it is impossible to establish his place of residence or location, refusing to appear in the trusteeship and guardianship authority, depriving him of the  parental rights, declaring him legally incapable, as well as in the cases of evading of the other parent from participating in the upbringing and maintenance of the child without good reason.

 9. If the child is born from persons not married to each other, and paternity is established in the manner prescribed by this Code, the guardianship and trusteeship body, taking into account the best interests of the child, has the right to allow him to change his last name to the last name of the mother that she bears at the time of addressing with such a request.


Article 84. Property Rights of the Child

 

 1. The child has the right to receive maintenance from his parents (one of them) and from other family members in the manner and amount established by section VI of this Code.

2. Alimony due to the maintenance of the child shall be at the disposal of one of the parents or their substitutes and shall be spent on the maintenance, upbringing and education of the child.

 The court, at the request of the parent obliged to pay alimony for the maintenance of minors and disabled adult children, has the right to make a decision on transferring not more than fifty percent of the amount of alimony payable to accounts opened at a credit institution in the name of minor and disabled adult children, if this is not reflected on their normal maintenance and upbringing.

3. The child has the right of ownership to the income received by him, to property received by him as a gift or by way of the inheritance, as well as to any other property acquired at the expense of the child.

 The child’s right to dispose of property owned by him is determined by the civil legislation of Turkmenistan.

When parents exercise the authority to manage the property of the child, the rules regarding the disposal of the property of the child established by the civil legislation of Turkmenistan are applied to them.

4. The child does not have the right of the ownership on property of the parents, parents do not have the right of the ownership on property of the child. Children and parents living together can own and use each other’s property by mutual agreement.

5. If parents and children have a common ownership right, their right to own, use and dispose of this property is determined by the civil legislation of Turkmenistan.


Article 85. Protection of the rights of the child to appropriate upbringing


1. The upbringing of the child in the family is recognized as a priority form that best ensures the rights and legitimate interests of the child, and can only be terminated on the grounds provided for by the legislation of Turkmenistan.

2. The child’s disparagement, intimidation, corporal punishment, other infliction of the pain causing damage (harm) to his mental or physical health are unacceptable.

3. The state provides a family form of upbringing - adoption, guardianship or trusteeship for the child left without parental care, or takes him/her to the appropriate child care institution, social service institution or other institution for full state support.

4. The state ensures the protection of the child from any form of mistreatment by the parents (one of them) or other persons who are responsible for the upbringing and care of him, and exercise appropriate supervision of the appropriate conditions of the guardianship (trusteeship).



                Extracts from the Family Code of Turkmenistan

 

Article 15. Marriage


1. The State registration of the marriage is performed by the RACC office.

2. The marriage age is set at eighteen years.

3. In the exceptional cases, if there are valid reasons, the guardianship and trusteeship authorities may, at the request of persons wishing to enter into the marriage, reduce the age of marriage, but not more than by one year.

In this case, such a person acquires legal capacity in full, from the date of the marriage. Herewith, in the event of the dissolution of the marriage his legal capacity remains in full.


Article 16. Terms of marriage


1. Upon reaching marriageable age marriage may be concluded only by free and mutual consent of persons wishing to enter into the marriage.

2. A marriage may not be concluded in the presence of the circumstances specified in Article 20 of this Code.


Article 17. Marriage Procedure


1. Persons who have reached marriageable age and who wish to marry, submit an application to the RACC office at the place of residence of one of them or at the place of residence of their parents.

 They must indicate in the application that there are no circumstances hindering the conclusion of the marriage provided for in Article 20 of this Code, and also indicate the surname of which spouse they want to choose as their common surname, or keep the premarital surname of each, whether each of them previously married and had children in that marriage, are there any joint children. A passport (or a replacement document) is attached to the application.

2. The conclusion of marriage is carried out with the personal presence of persons wishing to enter into marriage, after one month from the date of their submission to the RACC office.

If there are valid reasons, the RACC office at the place of registration of marriage can allow to conclude the marriage before the expiration of one month, and can also extend this period no more than two months.

In the presence of particular circumstances (pregnancy, the birth of the child, an immediate threat to the life of one of the parties and other particular circumstances), the marriage may be concluded on the day the application is submitted.

3. If there are valid reasons, registration of the marriage can be made outside the location of the RACC office at the request of persons wishing to conclude a marriage.


Article 19. Designation of the day of registration of the marriage. Registration of the marriage


1. The day of the registration of marriage is appointed by agreement with persons wishing to enter into marriage, in accordance with the procedure established by Article 17 of this Code.

2. On the appointed day for the registration of marriage, the RACC office registers the marriage in a festive atmosphere. The RACC office provides a solemn atmosphere for marriage registration, with the consent of the persons entering into marriage

3. Registration of marriage is carried out in the presence of persons wishing to enter into marriage.

4. Registration of marriage is performed by the RACC office, at the place of residence of one of the persons wishing to marry, or at the place of residence of their parents in the manner established for the state registration of acts of civil condition.

5. After the registration of marriage, spouses are issued a certificate of marriage.

6. A mark is made (a recording is made) about the registration of marriage in the passport (or a substitute document) of the persons who have entered into a marriage, indicating the surname, name, patronymic and year of the birth of the husband (wife), place and time of the registration of marriage and surname, which will be referred to spouses after the registration of marriage.


 Article 20. Circumstances Impeding the Marriage


Marriage is not allowed between:

1) the persons, at least one of whom is already in another registered marriage at the time of filing the application;

2) relatives in a straight ascending or descending line, between full and half brothers and sisters, as well as between adoptive parents and adopted children;

3) the persons, at least one of whom is recognized as legally incapable by the court due to a mental disorder (mental illness or dementia).


Article 21. Medical Examination of Persons Who Wishes to Marry


1. The persons wishing to marry can undergo free medical examination, by mutual agreement of both, as well as get advice on medical and genetic issues and family planning in institutions of the state healthcare system.

The procedure for the provision of these services is determined by the Cabinet of Ministers of Turkmenistan.

2. The results of the examination of persons wishing to marry are a medical secret and are communicated only to them.

 3. If at the time of marriage one person hid from another person the presence of a skin-venereal disease or a disease caused by the human immunodeficiency virus (HIV infection) or another disease recognized by the World Health Organization as dangerous for family relations, the last person has the right to go to court with the requirement to declare the marriage invalid.

                Extracts from the Family Code of Turkmenistan

Article 43. Marriage contract 


1. A Marriage contract is an agreement concluded voluntarily by persons wishing to enter into the marriage, or by spouses, defining their property rights and obligations in the marriage and (or) in the case of its dissolution.

2. The standard form of the marriage contract is approved by the Cabinet of Ministers of Turkmenistan.


Article 44. Conclusion of a prenuptial agreement


1. Marriage contract is concluded in writing and is subject to notarization.

2. Marriage contract may be concluded before the state registration of the marriage or at any time during the period of marriage.

A prenuptial agreement concluded prior to the state registration of the marriage takes effect from the day of the state registration of marriage.

  • Marriage agreement shall be recognized as invalid, if it is concluded not in accordance with the established form.

Article 45. Content of the marriage contract


1. On the basis of the marriage agreement, spouses are entitled to change the regime of the joint property of spouses established by the legislation of Turkmenistan, to establish regime of joint, shared or separate ownership of joint property acquired during the marriage, or its separate types, or property of each spouse.

 Marriage agreement can be concluded both with respect to the existing and future property of the spouses.

 2. Spouses, in the marriage contract, have the right to determine their rights and obligations regarding mutual maintenance; ways to participate in each other's incomes; the procedure for each of them to bear family expenses; determine the property that will be transferred to each of the spouses in the case of divorce, and also include any other proposals regarding the property relations of the spouses that do not contradict the legislation of Turkmenistan.

3. The rights and obligations stipulated by the marriage contract may be limited by certain periods or may be dependent on the occurrence or non-occurrence of certain conditions.

4. Marriage contract cannot limit the legal capacity or active capacity of spouses, their right to address to the court for the protection of own rights, restrict their right to regulate personal non-property and property relations between spouses, personal rights and obligations of spouses in relation to children, and provide for provisions restricting the right of the disabled spouse in need on maintenance, and contain other conditions that put one of the spouses in an extremely adverse position or contradict the general principles and meaning of family legislation of Turkmenistan.


 Article 46. Amendment and termination of the marriage contract


1. Marriage contract may be amended or terminated at any time by the agreement of the spouses. The agreement to amend or terminate the marriage agreement is made in the same form and in the same manner as the marriage contract has done.

Unilateral refusal to perform or to amend the marriage contract is not allowed.

2. Marriage contract may be amended or terminated at the request of one of the spouses, on the basis of the court decision on the grounds and in the manner established by this Code and the legislation of Turkmenistan.

3. Marriage contract is terminated from the moment of marriage dissolution in accordance with Article 28 of this Code.


Article 47. Invalidation of the marriage contract


1. Marriage contract may be declared invalid in whole or in part by the court, on the grounds provided for by the legislation of Turkmenistan for the invalidity of transactions.

2. Marriage contract may also be declared invalid in whole or in part by the court, at the claim of the spouses (one of them), in violation of the requirements of the fourth part of Article 45 of this Code, if the conditions of the marriage contract put one of the spouse in an extremely unfavorable position, as well as at the claim of creditors in the case of violation of the requirements provided for in Article 48 of this Code.


Article 48. Guarantees of the rights of creditors when concluding, amending or terminating the marriage contract


Each of the spouses is obliged to notify their creditors of the conclusion, amendment or termination of the marriage contract. If this obligation is not fulfilled, the debtor spouse is liable for his obligations regardless of the content of the marriage contract.



Part 5. Procedure for the dissolution of marriage/ the state registration of the dissolution of marriage/ termination of marriage

 

Article 22. Grounds for the dissolution of marriage. Termination of marriage


1. The marriage is dissolved at the application of the spouses (one of them), as well as at the application of the guardian of the spouse, who recognized as legally incapable by the court.

2. The marriage is terminated in the following cases:

1)  at the death of one of the spouses or the announcement of one of the spouses deceased by the court;

2) at the registration of dissolution of the marriage;

3) at the entry into force of the court decision declaring the marriage invalid.


Article 23. Inadmissibility of the dissolution of marriage


1. In these cases, marriage cannot be dissolved without the consent of the wife:

1) during her pregnancy;

2) if the spouses have a child under the age of one year.

2. Marriage shall also not be dissolved at the request of the guardian of an incapable person if the guardian is one of the spouses.


Article 24. Divorce procedure and the right to enter into a new marriage


1. Divorce is carried out by the RACC office, and in the cases provided for in Article 26 of this Code, by the court.

2. Persons who have divorced are entitled to enter into a new marriage only after receiving a certificate of divorce from the RACC offices.


Извлечения из Семейного кодекс Туркменистана


Статья 32. Основания признания брака недействительным

1. Брак может быть признан недействительным в случаях:

1) нарушения условий для заключения брака, установленных статьями 15, 16 и 20 настоящего Кодекса;

2) заключения брака по принуждению или обману, а также фиктивного брака;

3) наличия обстоятельств, предусмотренных частью третьей статьи 21 настоящего Кодекса.

2. Если к моменту рассмотрения дела о признании брака недействительным отпали обстоятельства, препятствовавшие заключению брака, он может быть признан действительным с того момента, когда отпали эти обстоятельства.

 

Статья 33. Порядок признания брака недействительным 

1. Признание брака недействительным производится в судебном порядке.

2. Признания брака недействительным вправе требовать супруги (один из них) или лица, права которых нарушены заключением этого брака, а также органы опеки и попечительства или прокурор.

3. Суд в течение трёх рабочих дней со дня вступления в законную силу решения суда о признании брака недействительным обязан направить выписку из этого решения в орган ЗАГС по месту государственной регистрации заключения брака.

Признание брака недействительным считается со дня заключения брака.

 

Статья 34. Презумпция недействительности брака 

В случае, если супруги при заключении брака не знали об обстоятельствах, препятствующих их браку, он прекращается с момента установления таких обстоятельств в суде, но до прекращения этого брака лица, заключившие его, осуществляют семейные права и обязанности как при действительном браке.

 

Статья 35. Признание недействительным брака, заключённого с лицом, не достигшим брачного возраста 

1. Брак, заключённый с лицом, не достигшим брачного возраста, может быть признан судом недействительным, если этого требуют интересы супруга (супруги), заключившего брак до достижения брачного возраста.

2. Право требования признания брака недействительным по этому основанию имеют супруг (супруга), не достигший брачного возраста, его (её) родители или попечитель, прокурор, а также орган опеки и попечительства.

3. Если супруг (супруга) к моменту рассмотрения дела достиг брачного возраста, то брак может быть признан недействительным только по его (её) требованию.

 

Статья 36. Признание недействительным брака, заключённого по принуждению или обману 

1. Если брак заключён по принуждению или обману, то он может быть признан судом недействительным по заявлению супруга (супруги) или прокурора.

2. Факт заключения брака по принуждению или обману должен быть установлен судом.

 

Статья 37. Признание недействительным фиктивного брака 

1. Фиктивный брак может быть признан недействительным в судебном порядке.

2. Брак не может быть признан фиктивным, если лица, заключившие его, до рассмотрения дела судом фактически создали семью.

3. Иск о признании фиктивного брака недействительным вправе предъявить прокурор.

 

Статья 38. Признание брака недействительным в связи с препятствующими обстоятельствами 

1. Брак, зарегистрированный с нарушениями условий, предусмотренных статьёй 20 настоящего Кодекса, может быть признан судом недействительным.

2. Суд может признать брак действительным, если к моменту рассмотрения дела в суде отпали обстоятельства, которые препятствовали его заключению, с момента устранения этих обстоятельств.

3. Cупруги и лица, права которых нарушены, органы опеки и попечительства, а также прокурор вправе предъявить иск о признании брака недействительным по этим обстоятельствам.

 

Статья 39. Последствия признания брака недействительным 

1. Брак, признанный недействительным, не порождает прав и обязанностей супругов, установленных настоящим Кодексом, за исключением случаев, предусмотренных частями четвёртой и пятой настоящей статьи.

2. При признании брака недействительным добросовестный супруг (супруга), который не знал и не мог знать об обстоятельствах, препятствующих заключению брака, имеет право на содержание другим супругом (супругой) в соответствии со статьями 60, 61 настоящего Кодекса, а при разделе совместного имущества до признания брака недействительным - на долю, причитающуюся ему в соответствии со статьями 56-58 настоящего Кодекса.

3. Имущественные отношения лиц, брак которых признан недействительным, регулируются в порядке, установленном гражданским законодательством Туркменистана.

4. Признание брака недействительным не влияет на права детей, родившихся в результате такого брака.

5. Добросовестный супруг (супруга) вправе при признании брака недействительным сохранить фамилию, избранную им (ею) при государственной регистрации заключения брака.

 

Статья 40. Возмещение ущерба (вреда), причинённого добросовестному супругу (супруге) 

Добросовестный супруг (супруга), которому в результате брака, признанного недействительным, причинён имущественный ущерб (вред), вправе потребовать его возмещения в судебном порядке.

 

Статья 41. Недопустимость признания брака недействительным после смерти супругов 

Не может быть потребовано признание брака недействительным после смерти обоих супругов.

 

Статья 42. Заключение нового брака при недействительности заключённого брака 

Лица, брак которых признан недействительным, могут вновь заключить брак в общем порядке, если отпали основания, вследствие которых заключённый брак был признан недействительным.