Constitution of Turkmenistan

We, the people of Turkmenistan,

based on our inalienable right to self-determination, proceeding from our

responsibility for the present and future of our homeland, expressing fidelity

to, the precepts of our ancestors to live in unity, peace, and accord,

possessing the goal of protecting our national values and interests, and

securing the sovereignty of the Turkmen people;

guaranteeing the rights and freedoms of every citizen and striving to provide

civic peace and national accord, in order to affirm the foundations of popular

power and the rule of law, adopt this Constitution the Basic Law of

Turkmenistan.

SECTION 1： FOUNDATIONS OF THE CONSTITUTIONAL ORDER

SECTION 1： FOUNDATIONS OF THE CONSTITUTIONAL ORDER

Article 1: Turkmenistan is a democratic secular state operating under the rule

of law whose government takes the form of a presidential republic.

Turkmenistan possesses supreme and plenary power in its own territory and

independently implements its domestic and foreign policies. The sovereignty

and territory of Turkmenistan are united and indivisible. The government

defends the independence and territorial integrity of Turkmenistan, as well as

the constitutional order, and ensures legality and legal order.

Article 2: The people are the possessors of the sovereignty of and are the

only source of the govenimental power of Turkmenistan. The people of

Turkmenistan exercise their power either directly or through representative

organs. No part of the people, no organization, and no individual has the

right to arrogate governmental power.

Article 3: In Turkmenistan, the government and society place the highest value

on the person. The government is responsible to the citizen and ensures

conditions for the free development of the personality and protects life,

honor, dignity, freedom, individual inviolability, and the natural and

inalienable rights of the citizen. The citizen is responsible to the

pd4ml evaluation copy. visit http://pd4ml.comgovernment for meeting the obligations placed on her or him by the

Constitution and laws.

Article 4: The government is based on the principle of separation of powers

into legislative, executive, and judicial powers which function independently,

checking and balancing each other.

Article 5: The government and all its organs and officials are bound by the

law and the constitutional order. The Constitution of Turkmenistan is the

Supreme Law of the state, and the norms and provisions secured in the

Constitution have direct effect. Laws and other legal acts which contradict

the Constitution have no legal force. The legal acts of governmental organs

are published for general notice or are popularized in some other manner,

except for those acts which contain state or other legally protected secrets.

Legal acts which affect the rights and freedoms of citizens and for which

there is no general notice are invalid from the moment of their adoption.

Article 6: Turkmenistan recognizes the primacy of generally recognized norms

of international law, is fully invested with the rights of a subject of the

world community, and adheres in its domestic policies to the principles of

peaceful coexistence, rejection of the use of force, and non-interference in

the internal

affairs of other goveniments.

Article 7: Turkmenistan has its own citizenship. Citizenship is attained,

preserved, and lost in accordance with the law. No one can be deprived of her

or his citizenship or the right to change her or his citizenship. A citizen of

Turkmenistan may not be turned over to another government, driven out of

Turkmenistan, or limited in her or his right to return to her or his native

land. Citizens of Turkmenistan are guaranteed the protection and patronage of

the government of Turkmenistan both on the territory of Turkmenistan and

beyond its borders.

pd4ml evaluation copy. visit http://pd4ml.comArticle 8: Foreign citizens and stateless persons enjoy the rights and

freedoms of a citizen of Turkmenistan, unless otherwise established by law.

Turkmenistan extends the right of asylum to foreign citizens persecuted in

their countries for their political, national, or religious convictions.

Article 9: Property is inviolable. Turkmenistan affinns the right to own

private property such as the means of production, land, and other material and

intellectual items of value. They may be owned likewise by the government and

associations of citizens. The law establishes objects which may only be the

property of the government. The govenunent guarantees equal protection and

equal conditions for the development of all types and fon-ns of property.

Confiscation of property is not allowed, except for property which is acquired

in an unlawful manner. Forced uncompensated estrangement of property is

allowed only in situations enumerated by law.

Article 10: The government is responsible for preserving the national

historico-cultural heritage and natural environment, as well as for ensuring

equality between social and national groups. The government encourages the

scientific and creative arts and the dissemination of their achievements, and

facilitates the development of international contacts in the fields of

science, culture, education, sports, and tourism.

Article 11: The government guarantees freedom of religion and faith and the

equality or religions and faiths before the law. Religious organizations are

separate from the government, and may not perform governmental functions. The

govenimental system of education is separate from religious organizations and

is secular in nature. Everyone has the right independently to determine her or

his own religious preference, to practice any religion alone or in association

with others, to practice no religion, to express and disseminate beliefs

related to religious preference, and to participate in the performance of

religious cults, rituals, and ceremonies.

Article 12: In order to protect its sovereignty, Turkmenistan possesses Armed

Forces.

pd4ml evaluation copy. visit http://pd4ml.comArticle 13: Turkmen is the state language of Turkmenistan.

Article 14: The symbols of Turkmenistan, as a sovereign state, are its state

flag, coat of arms, and anthem. The flag, coat of arms, and anthem are

established by and are protected by law.

Article 15: The capital of Turkmenistan is the city (shakher) of Ashgabat.

SECTION II： BASIC RIGHTS， FREEDOMS， AND OBLIGATIONS OF THE PERSON AND CITIZEN

SECTION II： BASIC RIGHTS， FREEDOMS， AND OBLIGATIONS OF THE PERSON AND

CITIZEN

Article 16: The rights of the person are inviolable and inalienable. No one

may deprive another person of any rights or freedoms or limit her or his

rights in any manner other than in accordance with the Constitution and laws.

Any list of rights and freedoms of the person in the Constitution and laws may

not be used to deny or diminish other rights and freedoms.

Article 17: Turkmenistan guarantees the equality of the rights and freedoms of

its citizens and, likewise, the equality of citizens before the law regardless

of nationality, ethnic origin, property holdings, official status, place of

residence, language, religious preference, political convictions, or political

party membership.

Article 18: Men and women in Turkmenistan have equal civil rights. A violation

of equal rights based on gender will entail legal liability.

Article 19: The exercise of rights and freedoms should not violate the rights

and freedoms of other people, moral demands, social order, or harm national

security.

pd4ml evaluation copy. visit http://pd4ml.comArticle 20: Each person has the right to life. No one may be deprived of life.

The death penalty may be assigned only as the sentence of a court as an

exceptional means of punishment for a very serious crime.

Article 21: A citizen may not be limited in her or his rights, deprived of the

rights which belong to her or him, convicted, or subjected to punishment,

except in exact accordance with the law and as the decision of a court. No one

may be subjected to torture or cruel, inhumane, or degrading treatment or

punishment, or, likewise, be subjected without her or his consent to medical

or other experiments. A citizen may be arrested only on condition of the

existence of grounds specifically indicated by law, by decision of a court, or

with the approval of a procurator. In situations, specifically indicated by

law, not allowing delay, a governmental organ authorized to do so has the

right temporarily to detain citizens.

Article 22: Every citizen has the right to governmental support in the receipt

of well-constructed living space and in the construction of individual

housing. The home is inviolable. No one has the right to enter a home or in

any other manner violate the inviolability of a home against the wishes of the

persons residing in that home or without legal justification. Citizens have

the right to defend their homes against unlawful encroachments. Unless there

are grounds established by law, no one may be deprived of her or his home.

Article 23: Every citizen has the right to be protected from arbitrary

interference in her or his personal life, from infringement on written,

telephone, or other communications, and, likewise, from infringements on her

or his honor or reputation.

Article 24: Everyone has the right freely to move and choose her or his

residence within the borders of Turkmenistan. Limitations on movement in

certain territories or in regard to certain individuals may be established

only in accordance with the law.

pd4ml evaluation copy. visit http://pd4ml.comArticle 25: Men and women, upon reaching the age of marriage, have the right

to mutually consent to enter into marriage and form a family. In their

familial relations, spouses have equal rights. Parents or guardians have the

right and obligation to raise children, ensure their health, development, and

education, prepare them for work, and instill in them culture and respect for

the laws and historical and cultural traditions. Adult children have the

obligation of caring for parents and providing them with assistance.

Article 26: Citizens of Turkmenistan have the right to freedom of conviction

and the free expression of those convictions. They also have the right to

receive information unless such information is a governmental, official, or

commercial secret.

Article 27: The right to gather and hold protests and demonstrations in a

lawful manner is guaranteed.

Article 28: Citizens have the right to form political parties and other social

associations which operate within the framework of the Constitution and laws.

Forbidden are the formation and activity of political parties and other social

associations having as their goal violent change in the constitutional order,

allowing violence in their activities, agitating against the constitutional

rights and freedoms of citizens, advocating war, racial, national, social, or

religious animosity, encroaching on the health or morality of the people, or

forming militaristic associations or political parties based on national or

religious traits.

Article 29: Every citizen has the right to participate in the management of

the affairs of the society and the government both directly and through her or

his freely elected representatives.

Article 30: Citizens have the right to elect and be elected to organs of

governmental power. Only citizens of Turkmenistan in accordance with their

abilities and professional preparation have equal rights of access to

governmental service.

pd4ml evaluation copy. visit http://pd4ml.comArticle 31: All citizens have the right to work, to choose at her or his own

discretion a profession, type of occupation, and place of work, and to healthy

and safe work conditions. Forced labor is forbidden, except in situations

established by law. Employees have the right to compensation commensurate with

the quantity and quality of their work. This compensation may not be less than

the government established subsistence minimum.

Article 32: Workers have the right to relaxation. For employees, this right is

expressed in the established work week of limited duration, in annual paid

leaves, and in weekly days of rest. The government creates conditions

conducive to relaxation in one's area of residence and to the rational use of

free time.

Article 33: Citizens have the right to health protection, including use, free

of charge, of the government network of health care institutions. Paid medical

assistance is permitted in accordance with and in the manner established by

law.

Article 34: Citizens have the right to social services if they are elderly,

sick, disabled, unable to work, have lost their provider, or are unemployed.

Families with many children, children who have lost their parents, and war

veterans and other people whose health has suffered in defense of governmental

or social interests are provided with additional assistance and privileges out

of social funds. The manner of and conditions for exercising this right are

regulated by law.

Article 35: Every citizen has the right to education. Elementary and high

school education are mandatory and everyone has the right to receive such

education free of charge in governmental educational institutions. The

govenunent ensures, commensurate with ability, access for all to professional,

specialized vocational, and university education. Organizations and citizens

have the right, based on and in the manner established by law, to form fee

based educational institutions.

pd4ml evaluation copy. visit http://pd4ml.comArticle 36: Citizens of Turkmenistan have the right to freedom of artistic,

scientific, and technical creation. Intellectual property rights and the legal

interests of citizens in the fields of scientific and technical creation and

artistic, literary, and cultural activity are protected by law. The government

facilitates the development of science, culture, art, folk art, sport, and

tourism.

Article 37: The exercise of rights and freedoms is inseparable from

fulfillment by persons and citizens of their obligations before society and

the goven-iment. Everyone living in or located on the territory of

Turkmenistan is required to obey the Constitution and laws and respect the

national traditions of Turkmenistan.

Article 38: The defense of Turkmenistan is a sacred duty of each person. For

citizens of Turkmenistan, it is established that men are obligated to perform

general military service.

Article 39: Citizens of Turkmenistan are required to pay government taxes and

other payments in the manner and amounts established by law.

Article 40: Citizens are guaranteed legal protection of honor and dignity, and

of the personal and political rights and freedoms of the person and citizen

enumerated in the Constitution and laws. The actions of govenunental organs,

social organizations, and officials which have been done in violation of the

law, in exceeding their own authority, or in restricting the rights and

freedoms of citizens may be protested in court.

Article 41: Citizens have the right to restitution in a legal manner for

material and moral hann, suffered as the result of the unlawful acts of

governmental organs, other organizations, their employees, and, likewise,

private persons.

pd4ml evaluation copy. visit http://pd4ml.comArticle 42: No one may be forced to give testimony or explanations against

herself or himself or close relatives. Evidence acquired under the influence

of psychological or physical pressure or other unlawful means does not have

legal force.

Article 43: A law, worsening the condition of a citizen, may not be ex post

facto. No one may be liable for an act which at the time of its commission was

not a violation of the law.

Article 44: The exercise of the enumerated rights and freedoms of citizens in

this Constitution may be suspended only in conditions of a state of emergency

or martial law in the manner and to the extent established by the Constitution

and laws.

SECTION III： THE SYSTEM OF ORGANS OF POWER AND GOVERNMENT

SECTION III： THE SYSTEM OF ORGANS OF POWER AND GOVERNMENT

CHAPTER 1： GENERAL PROVISIONS

CHAPTER 1： GENERAL PROVISIONS

Article 45: The highest representative organ of popular power is the People's

Council (Khalk maslakhaty) of Turkmenistan.

Article 46: The highest governmental power in Turkmenistan is exercised by the

President, Parliament (Mejlis), the Supreme Court, the Supreme Commercial

Court, and the Cabinet of Ministers of Turkmenistan.

Article 47: Turkmenistan consists of territorial-administrative units: regions

(velayat), districts (etrap), and certain cities (equal to districts) in which

national government organs form. It also consists of towns, villages, and

settlements in which local organs of self-government are founded.

CHAPTER 2： THE PEOPLE''S COUNCIL OF TURKMENISTAN

CHAPTER 2： THE PEOPLE''S COUNCIL OF TURKMENISTAN

pd4ml evaluation copy. visit http://pd4ml.comArticle 48: The People's Council consists of

the President;

the deputies of Parliament;

the People's Advisors (khalk vekilleri), one of whom is elected by the people

from each district; the Chair of the Supreme Court, Chair of the High

Commercial Court, the General Procurator, the members of the Cabinet of

Ministers, the heads of regional administrations, and the chiefs (archyn) of

the municipal councils of towns and also of those villages which are the

administrative centers of their respective district.

Article 49: The length of office for a People's Advisor is five years. They

fulfill their obligations without compensation.

Article 50: The People's Council reviews and decides questions of-.

1) the expediency of amending and adding to the Constitution, or the adoption

of a new Constitution;

2) conducting general referenda;

3) developing recommendations concerning the basic directions of the economic,

social, and political

development of the country;

4) altering state borders and administrative-territorial delineations;

5) ratifying and denouncing treaties concerning intergovernmental unions and

other formations;

6) declaring conditions of war and peace;

7) other issues ascribed to its jurisdiction by the Constitution and laws.

pd4ml evaluation copy. visit http://pd4ml.comArticle 51: A decision of the People's Council is effectuated by the

President, Parliament, and other governmental organs in accordance with their

powers as established by the Constitution and laws.

Article 52: The People's Council is convened when necessary, but not less

frequently than once each year by the President, Parliament, or by one-third

of the established members of the People's Council. Those that may introduce a

proposal for review in the People's Council are the President, Parliament or

the Presidium of Parliament, and a group consisting of not less than one

quarter of the established number of members of the People's Council.

Article 53: Either the President manages the proceedings of the People's

Council or any one of the members of the People's Council elected to do so.

CHAPTER 3： THE PRESIDENT OF TURKMENISTAN

CHAPTER 3： THE PRESIDENT OF TURKMENISTAN

Article 54: The President of Turkmenistan is the head of state and of the

executive power, is the highest official of Turkmenistan, and acts as a

guarantor of national independence, territorial integrity, and adherence to

the Constitution and international agreements.

Article 55: The President must be a citizen of Turkmenistan, a Turkmen not

younger than forty years of age, and resident in Turkmenistan. One person may

not be President more than two terms consecutively.

Article 56: The President is elected directly by the people of Turkmenistan

for a ten-n of five years and assumes office immediately after taking oath at

a session of the People's Council. The presidential election and the

assumption of office occur in the manner established by law.

pd4ml evaluation copy. visit http://pd4ml.comArticle 57: The President of Turkmenistan:

1) enacts the Constitution and laws and ensures their exact execution;

2) manages the implementation of foreign policy,

representing Turkmenistan in relations with foreign

governments, appoints and recalls ambassadors and other diplomatic

representatives of Turkmenistan in other countries and in intergovernmental

and international organizations, and accepts the credentials and departures of

the diplomatic representatives of foreign governments;

3) is the Supreme Commander of the Armed Forces, issues orders of general or

partial mobilization or use of the Armed Forces subject to subsequent approval

of these actions by the People's Council, and appoints the highest commanders

of the Armed Forces.

4) presents the People's Council with a yearly report about the state of the

country and provides information about the most important questions of

domestic and foreign policy;

5) presents for review and approval to the Parliament the governmental budget

and a report on its utilization;

6) signs laws and has the right, within two weeks, to return laws to

Parliament with her or his objections for additional discussion and vote. If

two thirds of Parliament votes to affirm its earlier decision, the President

signs the law. The President does not have the right to delay by veto laws on

amendment and addition to the Constitution;

7) schedules referenda approved by the People's Council and has the right to

convene Parliament ahead of schedule;

pd4ml evaluation copy. visit http://pd4ml.com8) decides questions about the granting of Turkmenistan citizenship and

asylum;

9) awards orders and other awards of Turkmenistan, confers honorary, military,

and other special state

titles, ranks, and distinctions;

10) with Parliament's preparatory consent, appoints and recalls the Chair of

the Supreme Court, the Chair of the High Commercial Court, and the General

Procurator;

11) grants pardons and amnesties;

12) decides other issues ascribed to her or his jurisdiction by the

Constitution and laws.

Article 58: The President issues decrees, resolutions, and orders which have

mandatory force throughout Turkmenistan.

Article 59: The President may not be a deputy of Parliament or receive other

financial compensation, with the exception of honoraria for the creation of

works of science, literature, or art.

Article 60: The President has the right of immunity. The President may be

prematurely relieved of office if incapable of meeting her or his obligations

because of sickness. The People's Council, on the basis of the conclusion of

an independent medical commission formed under its auspices, decides to

prematurely relieve the President of office when not less than two-thirds of

the established members of the People's Council so vote. If President violates

the Constitution or laws, the People's Council may express its lack of

pd4ml evaluation copy. visit http://pd4ml.comconfidence in the President and put forward to a popular vote the question of

her or his removal. A question of lack of confidence is put forward for

consideration when not less than one-third of the established members of the

People's Council so desire. A decision of lack of confidence in the President

is made when not less than two-thirds of the established members of the

People's Council so vote.

Article 61: The President may not transfer her or his executive powers to

other organs or officials, except for the powers enumerated in parts 2, 9, and

11 of Article 57 of the Constitution, which may be transferred to the Chair of

Parliament. If the President, for some reason, is not capable of meeting her

or his obligations, until the election of a new President, her or his powers

are transferred to the Chair of Parliament. In such a situation, a

presidential election should be conducted no later than two months from the

day of transfer of powers to the Chair of Parliament. A person meeting the

obligations of the President may not be a candidate in the presidential

election.

CHAPTER 4： THE PARLIAMENT OF TURKMENISTAN

CHAPTER 4： THE PARLIAMENT OF TURKMENISTAN

Article 62: The Parliament is the legislative organ of Turkmenistan.

Article 63: Parliament consists of 50 deputies, elected from territorial

districts having roughly equal numbers of voters, for a term of five years.

Article 64: Parliament may be prematurely dissolved:

by decision of a referendum

by a resolution of Parliament when not less than two-thirds of the established

number of deputies so vote (self-dissolution).

by the President if Parliament fails to fon-n parliamentary leadership organs

within six months or if a second proclamation of no confidence within an

pd4ml evaluation copy. visit http://pd4ml.comeighteen month period is issued against the Cabinet of Ministers.

Article 65: Parliament independently establishes both the validity of

elections for parliamentary seats and the powers of deputies, elects a Chair

and Assistant Chair from the ranks of deputies, and forms committees and

commissions.

Article 66: Parliament may transfer the right to issue laws on certain issues

to the President subject to mandatory subsequent approval of them by

Parliament.

Parliament may not transfer its legislative functions on issues of-

1) adopting or amending the Constitution;

2) criminal or administrative legislation;

3) legal process.

Article 67: Within the jurisdiction of Parliament are:

1) adopting and amending the Constitution and laws, and interpreting the

Constitution and laws

2) scheduling elections for President, Parliament, and People's Advisors;

3) forming a Central Election and Referendum Commission;

4) approving action plans of the Cabinet of Ministers and expressing lack of

confidence in the Cabinet of

Ministers;

5) approving or rejecting candidates for the offices of Chair of the Supreme

Court, Chair of the High Commercial Court, General Procurator, and, likewise,

petitions for their dismissal.

pd4ml evaluation copy. visit http://pd4ml.com6) approving the budget of Turkmenistan and the report of its utilization;

7) creating state awards, awarding the President with state awards, and

conferring upon the President

honorary titles, military ranks, and distinctions.

8) determining whether the normative acts of the organs of state power and

government are in accordance with the Constitution and laws ;

9) other issues ascribed to the powers of Parliament by the Constitution and

laws.

Article 68: The right to introduce legislation in Parliament belongs to the

President, the deputies of Parliament, and the Cabinet of Ministers.

Article 69: Deputies of Parliament have the right of inquiry, in the form of

oral and written questions addressed to the Cabinet of Ministers, ministers,

and heads of other governmental organs.

Article 70: A deputy may be stripped of her or his powers as a deputy only by

Parliament. Such a decision is made when not less than two thirds of the

established number of deputies of Parliament so vote. A deputy may not be

brought to criminal trial, arrested, or otherwise deprived of her or his

freedom without the assent of Parliament or, in the period between sessions,

of the Presidium of Parliament.

Article 71: Parliament is a constantly operating organ and deputies may not

simultaneously occupy office as a member of the Cabinet of Ministers, as head

of administration of a region, town, or district, as chief of a municipal

council, as a judge, or as a procurator.

pd4ml evaluation copy. visit http://pd4ml.comArticle 72: The Chair of Parliament is elected by secret ballot. She or he is

subordinate to Parliament and is removed when not less than two thirds of the

established number of deputies so vote. The Assistant Chair of Parliament is

elected in an open vote and fulfills certain functions of the Chair delegated

to her or him by the Chair, and fills in for the Chair in case of the Chair's

absence or inability to exercise her or his powers.

Article 73: The Presidium of Parliament organizes the work of Parliament, and

considers issues ascribed to its jurisdiction by the Constitution and laws.

The Presidium is composed of the Chair and Assistant Chair of Parliament and

the chairs of committees and commissions.

Article 74: The manner of work of Parliament, its organs, and deputies, as

well as those of its functions and powers not regulated by the Constitution,

are established by law.

CHAPTER 5： THE CABINET OF MINISTERS

CHAPTER 5： THE CABINET OF MINISTERS

Article 75: The Cabinet of Ministers is an executive and management organ. The

President chairs the Cabinet of Ministers.

Article 76: The Cabinet of Ministers is composed of assistants to the chair of

the Cabinet of Ministers and ministers. The Cabinet of Ministers is formed by

the President within one month after her or his assumption of office and

relinquishes its powers to a newly elected President.

Article 77: A meeting of the Cabinet of Ministers is managed by the President,

or this function is delegated by her or him to one of the assistants to the

chair of the Cabinet of Ministers. The Cabinet of Ministers, within the bounds

of its jurisdiction, makes decisions and issues resolutions and orders which

pd4ml evaluation copy. visit http://pd4ml.commust be executed.

Article 78: The Cabinet of Ministers:

1) organizes the execution of laws, Presidential acts, and decisions of the

People's Council;

2) takes measures to ensure and defend the rights and freedoms of citizens,

and to protect property,

social order, and national security;

3) develops and introduces in the People's Council proposals concerning the

basic directions of the government's domestic and foreign policy activity, and

programs for the economic and social development of the country;

4) implements governmental management of economic and social development and

ensures the rational use of and protection of natural resources;

5) takes measures to strengthen the monetary and credit systems;

6) in case of necessity, forms committees, bureaus, and other agencies under

the auspices of the Cabinet

of Ministers.

7) effectuates foreign economic policy and ensures the development of cultural

connections with foreign governments;

8) manages the activities of governmental institutions and state enterprises

and organizations, and has the right to repeal the acts of ministries and

agencies; 9) meets other obligations ascribed by laws and other normative acts

to its jurisdiction.

Article 79: The powers of the Cabinet of Ministers, the manner of its

activity, and its relationship with other governmental organs are determined

by law.

CHAPTER 6： LOCAL EXECUTIVE POWER

pd4ml evaluation copy. visit http://pd4ml.comCHAPTER 6： LOCAL EXECUTIVE POWER

Article 80: Local executive power is held: in a region by the governor

(hyakim) of the region, in a town by the governor of the town, in a district

by the governor of the district, and by municipal councils.

Article 81: Governors are the local representatives of the head of state, are

appointed to and withdrawn from office by the President, and are subordinate

to the President.

Article 82: Governors manage the activities of governmental organs at the

local level, ensure adherence to the Constitution, laws, and acts of the

President and the Cabinet of Ministers. Without transgressing their authority,

governors adopt resolutions which must be adhered to in the areas subject to

their jurisdiction.

Article 83: Chiefs ensure the execution of decisions of local meetings

(gengeshi) and of acts of organs of state power and government, exercise

control over objects of municipal property, manage the local budget, and also

decide other questions of local significance.

Article 84: The scope of the functions and power of governors and chief, the

manner of their work, and their interrelationships with other organs of power

and government are established by law.

SECTION IV： LOCAL SELF-GOVERNMENT

SECTION IV： LOCAL SELF-GOVERNMENT

Article 85: The local meetings and organs of territorial civic self-government

form a system of local self-government. The local meetings are representative

organs of popular power on the territory of towns, villages, and settlements.

pd4ml evaluation copy. visit http://pd4ml.comThey are elected directly by citizens for a term of five years and are not

administratively subordinate to each other

Article 86: Within the jurisdiction of local meetingsare:

1) determining the basic directions of economic, social, and cultural

development of their areas;

2) approving the local budget and the report of its utilization;

3) establishing local taxes and tariffs and the manner of their collection;

4) determining measures for the rational use of natural resources and for

nature protection;

5) other issues ascribed to the jurisdiction of local meetings by law.

Without transgressing their authority, local meetings adopt decisions which

must be adhered to in their areas.

Article 87: A local meeting elects a Chief from within its ranks who manages

the work of the local meeting and is subordinate to the local meeting.

Article 88: Persons elected to local meeting meet their obligations without

compensation. The manner of activity of local meetings and other organs of

civic self-government are determined by law.

SECTION V： THE ELECTORAL SYSTEM AND REFERENDA

SECTION V： THE ELECTORAL SYSTEM AND REFERENDA

Article 89: Elections for the President, deputies of Parliament, People's

Advisors, and other popularly elected officials are general and equal. Any

citizen of Turkmenistan who has reached 18 years of age has the right to vote,

and each voter has one vote. Not allowed to vote are citizens who are

psychologically ill and have been declared by a court to be incompetent. Also

not allowed to vote are persons currently imprisoned by sentence of a court,

as well as individuals who, in the manner established by the law of criminal

pd4ml evaluation copy. visit http://pd4ml.comprocedure, are subject to a restraining order and are in custody. Any other

direct or indirect limitation of the voting rights of citizens in any other

situation is not allowed and is punishable by law.

Article 90: Citizens of Turkmenistan who have reached the age of 25 by the

date of election may be elected deputies of Parliament and People's Advisors.

Age requirements for members of local meetings, Chiefs, and other elected

governmental officials are determined by law.

Article 91: Elections are direct; deputies and other officials are elected

directly by citizens.

Article 92: Voting in elections is by secret ballot, and monitoring of the

expression of the will of voters during voting is not allowed.

Article 93: The right to nominate candidates belongs to political parties,

social associations, and groups of citizens in accordance with election law.

Article 94: To decide the most important questions of governmental and social

life, general and local referenda may be conducted. An act adopted by decision

of a referendum may only be repealed by decision of a general referendum.

Article 95: The right to schedule a general referendum belongs to the People's

Council on the petition of not less than one quarter of its members or on the

petition of not less than 250 thousand citizens who have the right to vote.

Article 96: The right to schedule a local referendum belongs to a local

meeting at its discretion or upon the petition of not less than one quarter of

the voters living in the area in question.

pd4ml evaluation copy. visit http://pd4ml.comArticle 97: Voting in referenda is universal, equal, direct, and secret.

Citizens of Turkmenistan who have the right to vote may participate in

referenda.

Article 98: The method of conducting elections and general and local referenda

is determined by law. Elections and referenda are not conducted during a

period of state of emergency.

SECTION VI： JUDICIAL POWER

SECTION VI： JUDICIAL POWER

Article 99: The judicial power in Turkmenistan belongs only to the courts. The

judicial power is intended to defend the rights and freedoms of citizens and

the legally protected interests of government

and society.

Article 100: The judicial power is exercised by the Supreme Court, the High

Commercial Court, and

military and other courts anticipated by law in the form of civil, commercial,

administrative, and criminal legal proceedings. The establishment of emergency

courts and other structures endowed with the power of a court is not allowed.

Article 101: Judges are independent, are subordinate only to the law, and are

controlled only by their internal convictions. Intercession in the activity of

judges, no matter by what party, is not allowed and incurs legal liability.

The immunity of judges is guaranteed by law.

Article 102: Judges of all courts are appointed by the President for terms of

five years. The manner of appointment and dismissal of judges is determined by

law. Until the expiration of her or his established term of office, a judge

pd4ml evaluation copy. visit http://pd4ml.commay be dismissed from office without her or his consent only by decision of a

court and for a reason enumerated in the law.

Article 103: Judges may not occupy any other paid position, except teaching

and research positions; while they are in office, judges may not be in any

political parties or social associations which pursue political goals.

Article 104: Court cases are heard by a panel of judges, but in certain cases

enumerated by law, they are heard by individual judges.

Article 105: In all courts, trials are open. Closed hearings for a case are

only allowed when anticipated by law and with adherence to all rules of legal

procedure.

Article 106: The legal process is conducted in the state language. Persons

participating in a case who do not speak the language of the legal process are

ensured the rights to acquaint themselves with the materials of the case, to

participate in the legal proceedings through an interpreter, and to speak in

the court in their native language.

Article 107: Justice is implemented on the basis of the adversarial nature and

equality of parties. Parties have the right to appeal the decisions,

sentences, and other judicial decisions of any of the courts of Turkmenistan.

Article 108: The right to professional legal assistance is recognized at any

stage of the legal process. Lawyers and other persons and organization provide

legal assistance to citizens and organizations.

Article 109: The jurisdictions, manner of formation,

and activity of courts are determined by law.

pd4ml evaluation copy. visit http://pd4ml.comSECTION VII： THE PROCURACY

SECTION VII： THE PROCURACY

Article 110: In Turkmenistan, the General Procurator of Turkmenistan and those

procurators subordinate to her or him are assigned supervision over the exact

and uniform adherence to laws and to acts of the President, organs of state

government, the leadership of the Armed Forces, and local self-government by

participants in industrial and commercial activity, organizations and

institutions, social associations, officials, and private citizens.

Article 111: The Procuracy supervises the legality of law enforcement

investigative activity, criminal investigations, and investigative materials.

Article 112: A unified and centralized system of the organs of the Procuracy

is headed by a General Procurator who is appointed by the President for a term

of five years. Assistants to the General Procurator and regional procurators

are appointed by the President. Shakher and district procurators are appointed

by the General Procurator.

Article 113: The General Procurator and those procurators subordinate to her

or him, in exercising their powers, are directed only by the law. In her or

his activity, the General Procurator is subordinate to the President.

Procurators, while they are in office, may not be in any political parties or

other social associations which pursue political goals.

SECTION VIII： FINAL PROVISIONS

SECTION VIII： FINAL PROVISIONS

Article 114: Laws and other acts of governmental organs of Turkmenistan are

issued on the basis of and in accordance with the Constitution. If there is a

discrepancy between a law and the Constitution, the Constitution is

declarative.

pd4ml evaluation copy. visit http://pd4ml.comArticle 115: The provisions of the Constitution concerning a republican form

of government may not be amended.

Article 116: A Law of Constitutional Amendment is considered adopted when no

less than two thirds of the established number of deputies in Parliament vote

in favor of it.

The President of TurkmenistanS. Niyazov

Ashgabat

18 May 1992

No. 691-XII.

Translation Copyright Eric W. Sievers and LEEP 1997

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