SECTION III. SYSTEM OF GOVERNMENT AND ADMINISTRATION BODIES IN TURKMENISTAN
CHAPTER I. GENERAL PROVISIONS
Article 66
The highest state authority and government in Turkmenistan shall be exercised by the President of Turkmenistan, the Mejlis (Parliament) of Turkmenistan, the Cabinet of Ministers of Turkmenistan, and the Supreme Court of Turkmenistan.
Article 67
State powers are exercised by local representatives and executive bodies in a manner prescribed by the Constitution and laws of Turkmenistan.
CHAPTER II. PRESIDENT OF TURKMENISTAN
Article 68
The President of Turkmenistan shall be the head of the state and executive power, the highest official of Turkmenistan, acting as guarantor of the state independence and the status of permanent neutrality of Turkmenistan, its territorial integrity, compliance with the Constitution, rights and freedoms of people and citizens and fulfillment of international obligations.
Article 69
A citizen of Turkmenistan, born in Turkmenistan, not younger than 40 years, who speaks the national language, has been living and working constantly in Turkmenistan for the past 15 years, can be elected as President of Turkmenistan.
Article 70
The President of Turkmenistan shall be elected directly by the people of Turkmenistan for a period of seven years, and shall enter office on taking the oath.
The procedure for electing the President of Turkmenistan and his assumption of office shall be determined by law.
Article 71
The President of Turkmenistan shall:
- implement the Constitution and laws;
- supervise the execution of foreign policy, represents Turkmenistan in relations with other nations, negotiates and signs international treaties, appoint and dismiss ambassadors and other diplomatic representatives of Turkmenistan to foreign countries, with interstate and international organizations, accepts the credentials and letters of recall of diplomatic representatives of foreign countries;
- form the Apparatus [Office] of the President of Turkmenistan;
- be the Supreme Commander of the Armed Forces of Turkmenistan, shall issue orders for general or partial mobilization, thei military [readiness] status and use of armed forces,
- approve the military doctrine of Turkmenistan;
- appoint and dismiss the top command of the Armed Forces, other forces and military units of Turkmenistan;
- form and preside over the National Security Council of Turkmenistan;
- approve basic areas of national and foreign state policy and the programme of the political, economic, social and cultural development of the country;
- submit for consideration and approval of the Mejlis of Turkmenistan the state budget of Turkmenistan and report on performance of the budget;
- sign the laws, in case of disagreement shall be entitled to, no later than two weeks, using the right of suspensive veto, return the law with his/her objections to the parliament for a second hearing and vote. If the parliament, with at least two-thirds of the total number of deputies, confirms its decision taken earlier, the President of Turkmenistan shall sign the law. The President of Turkmenistan shall not have the right of suspensive veto in relation to the laws on adoption of the Constitution and introduction of changes and amendments in it;
- address the people and the Mejlis of Turkmenistan with annual statements on the state of affairs of the country, basic areas of national and foreign policy of the state;
- form the Central Commission for Elections and Referenda in Turkmenistan, make changes in its composition;
- designate the date of referenda, shall have the right to convene an early session of the Mejlis;
- address issues related to grant of citizenship of Turkmenistan, reinstatement of citizenship and renunciation from citizenship,as well as grant of asylum;
- award state awards of Turkmenistan and grant military and other special state titles;
- with the consent of the Mejlis, appoint and dismiss the Chairperson of the Supreme Court of Turkmenistan, the Prosecutor General of Turkmenistan, the Minister of Internal Affairs of Turkmenistan, the Minister of Adalat [Justice] of Turkmenistan, the Commissioner for Human Rights [Ombudsman] of Turkmenistan;
- submit a proposal to the Mejlis of Turkmenistan on election of Authorized Representative for Human Rights in Turkmenistan;
- grant pardon and amnesty;
- order a state of emergency and martial law;
- address other issues, assigned to his competence by the Constitution and the laws.
Article 72
The President of Turkmenistan shall issue decrees, regulations and orders, binding on the entire territory of Turkmenistan.
Article 73
The President of Turkmenistan shall not be the deputy [member] of the Mejlis [Parliament].
Article 74
The President of Turkmenistan shall have the right to immunity. His honour and dignity shall be protected by law.
Maintenance, attendance and security of the President of Turkmenistan and his family shall be carried out by the state.
Article 75
The President of Turkmenistan may be prematurely released from his/her duty in case of his/her inability to fulfill his/her duties because of illness. The Mejlis, on the recommendation of an independent medical board set by it, may decide to release the President of Turkmenistan from the office. Such decision shall be taken by at least two-third vote of the total members of the Mejlis.
In case of violation of the Constitution and laws of Turkmenistan by the President of Turkmenistan, the Mejlis may pass a no-confidence motion against him/her. The issue of no-confidence motion can be considered at the request of no less than two-thirds of the total members of the Mejlis. The decision of no-confidence motion shall be adopted by at least three-fourth of the established members of the Mejlis of Turkmenistan. The question for removal of the President of Turkmenistan from the office shall be put on national referendum.
Article 76
The President of Turkmenistan shall not be not entitled to transfer his/her powers to other public authorities or officials except for powers stipulated by paragraphs 2, 15, 18, article 71 of the Constitution, which may be transferred to the Chairperson of the Mejlis.
If the President of Turkmenistan, for whatever reason, shall be unable to perform his/her duties, pending the election of the new President, the duties of the President of Turkmenistan shall be assigned to the Chairperson of the Mejlis of Turkmenistan. Election of the President of Turkmenistan, in this case, shall be held no later than 60 days from the day of transfer of powers to the Chairperson of the Mejlis of Turkmenistan.
A person temporarily acting as President of Turkmenistan, shall not be nominated as a candidate for the presidency.
No changes in the Constitution of Turkmenistan shall be made during this period.
CHAPTER III. MEJLIS OF TURKMENISTAN
Article 77
The Mejlis (Parliament) of Turkmenistan shall be the representative body, exercising the legislative authority.
Article 78
The Mejlis shall consist of 125 deputies, elected from constituencies with approximately equal number of voters, for five years.
Article 79
The Mejlis shall be dissolved prematurely in the following cases:
- on the basis of a decision through national referendum;
- on the basis of a resolution of the Mejlis, accepted by no less than two-third of the votes of the total number of deputies of the Mejlis (self-dissolution).
- by the President of Turkmenistan in case the formation of Mejlis office bearers [Chairperson, deputy chairpersons etc.] was not done within six months.
Article 80
The Mejlis shall independently establish the powers of the deputies, shall elect from among the deputies, the Chairperson of the Mejlis, his deputy, shall form committees and commissions.
The deputies of the Mejlis of the previous convocation shall remain in office until the first session of the Mejlis of the new convocation.
Article 81
The Mejlis shall:
- Adopt the Constitution, enact laws, make amendments and changes to the Constitution and laws, monitor their performance and their interpretation;
- Consider the approval of the programme of activities of the Cabinet of Ministers;
- Examine the issues related to approval of the state budget of Turkmenistan and report on its implementation;
- Consider the basic areas of national and foreign policy and programmes of political, economic social and cultural development of the country;
- Address issues of national referenda;
- Appoint [decide for] the election of the President of Turkmenistan, deputies of the Mejlis, members of Halk maslahaty and the Gengeshes.
- Consider the recommendations of the President of Turkmenistan on the issues related to the appointment and dismissal of the Chairperson of the Supreme Court of Turkmenistan, the Prosecutor General of Turkmenistan, the Minister of Internal Affairs of Turkmenistan, the Minister of Adalat [Justice] of Turkmenistan, the Ombudsman in Turkmenistan;
- Upon proposal of the President of Turkmenistan, establish state awards, awards state decorations to the President of Turkmenistan, assign him/her the military and other ranks;
- Determine conformity to or divergence from the Constitution and the normative legal acts by the state authorities and administration;
- Ratify and denounce international treaties;
- Consider issues related to change of state borders and administrative – territorial division of Turkmenistan;
- Examine the issues related to peace and security;
- Address other issues within the competence of the Mejlis under the Constitution and laws.
Article 82
The Mejlis may transfer the right to issue laws on certain matters to the President of Turkmenistan, with subsequent consideration by the Mejlis of their approval.
The Mejlis may not transfer to anyone the right to legislate on:
- adoption and amendments in the Constitution;
- criminal and administrative law;
- legal proceedings.
Article 83
The right of legislative initiative shall belong to the President of Turkmenistan, the deputies of the Mejlis of Turkmenistan, the Cabinet of Ministers of Turkmenistan, and the Supreme Court of Turkmenistan.
Article 84
A deputy of the Mejlis shall have the right to enquiry, by oral and written questions, to the Cabinet of Ministers, ministers, and heads of other state bodies.
Article 85
The state shall guarantee to each deputy of the Mejlis the creation of enabling environment for smooth and effective implementation of their powers, protection of their rights and freedoms, life, honour and dignity and personal inviolability.
Article 86
A deputy shall be deprived of his/her parliamentary powers only by the Mejlis. The decision shall be taken by at least two-third vote of the total members of the Mejlis.
A deputy shall not be held administratively and criminally liable, detained, or otherwise deprived of liberty, without the consent of the Mejlis.
Article 87
A deputy of the Mejlis shall not concurrently hold the post of a Cabinet member, Hyakim (governor), Archyn (village leader), judge, and prosecutor.
Article 88
The Chairperson of the Mejlis shall be elected by secret ballot. He shall report to the Mejlis and shall be relieved of his/her post by a decision of the Mejlis, voted by at least two-third majority of the total members of the Mejlis.
Vice Chairperson of the Mejlis shall be elected by open ballot, shall perform functions on behalf of the Chairperson, and shall act as Chairperson of the Mejlis in the absence of the Chairperson or his inability to exercise his/her powers.
Article 89
Presidium (Panel) of the Mejlis shall perform the organization of activity of the Mejlis of Turkmenistan.
The Presidium shall consist of the Chairperson of the Mejlis of Turkmensitan, his deputy, chairpersons of committees and commissions.
Article 90
The procedure of the activity of the Mejlis and its committees and commissions, deputies, their functions and powers, shall be determined by law.
CHAPTER IV. CABINET OF MINISTERS OF TURKMENISTAN
Article 91
The Cabinet of Ministers (Government) of Turkmenistan shall be the executive and administrative body. The President of Turkmenistan shall be the Chairperson of the Cabinet of Ministers.
Article 92
The Cabinet of Ministers shall consist of the deputies of the Chairperson of the Cabinet of Ministers and ministers. The President of Turkmenistan may bring in the composition of the Cabinet of Ministers other persons, who shall be heads of central bodies of executive power.
The Cabinet of Ministers shall be formed by the President of Turkmenistan within one month of his/her entering office and shall step down before the newly elected President.
Article 93
The meetings of the Cabinet of Ministers shall be led by the President of Turkmenistan, or upon his/her instruction by one of the deputy Chairperson of the Cabinet of Ministers.
The Cabinet of Ministers within its competence shall approve decrees and issue orders binding for execution.
Article 94
The Cabinet of Ministers shall:
- arrange execution of the laws of Turkmenistan, acts of the President of Turkmenistan and the Mejlis of Turkmenistan;
- carry out measures to ensure and protect the rights and freedoms of citizens, protection of property rights and maintaining public order, national security;
- develop and submit for the consideration of the Mejlis proposals on basic areas of the national and foreign policy of the state, programmes of political, economic, social and cultural development of the country;
- carry out the state management of economic, social and cultural development;
- organize management of public enterprises, institutions and organizations;
- ensure rational use and conservation of natural resources;
- take measures to strengthen monetary and credit system;
- form, as appropriate, committees, senior management and other departments under the Cabinet of Ministers;
- carry out foreign economic activities; ensure development of cultural and other relations with foreign states;
- lead the activities of the government agencies, state enterprises and organizations; have the right to revoke the legal acts of ministries and departments and the bodies of local executive authority;
- address other issues referred to its competence by the Constitution, laws and other normative legal acts of Turkmenistan.
Article 95
The powers of the Cabinet of Ministers, the procedure of its activity, and its relations with other state bodies shall be specified by law.
CHAPTER V. JUDICIAL POWER
Article 96
The judicial power in Turkmenistan shall belong solely to the courts.
The judicial power shall be aimed to guard the citizens’ rights and freedoms, state and public interests protected under the laws.
Article 97
The judicial power shall be exercised by the Supreme Court of Turkmenistan and other courts, stipulated by law.
The establishment of emergency courts and other entities, empowered as court, shall not be allowed.
Article 98
Judges shall be independent; they shall be subject only to the Constitution and law. Interference in the work of judges, by whichever side, shall be unacceptable and punishable by law.
Article 99
The immunity of judges shall be guaranteed by law.
Article 100
Judges shall be appointed and dismissed by the President of Turkmenistan. The procedure of appointment of judges and their dismissal, shall be determined by law.
Article 101
Judges shall not hold any other paid post, except for teaching and research activities.
Article 102
Cases in the court shall be dealt with collectively [bench], and in cases stipulated by law, by a single judge.
Article 103
The trials shall be held in open court. Hearing in closed session shall be permitted only in cases specified by law, in compliance with all the rules of the procedure.
Justice shall be administered on the basis of equality and competition of parties.
Article 104
Judicial proceedings shall be conducted in the state language. Those involved in the case and not speaking the language of the proceedings, shall have the right to get familiar with the case material and the judicial proceedings through an interpreter, as well as the right to speak in the court in their native language.
Article 105
The parties have the right to appeal the decisions, sentences and other verdicts of the courts of Turkmenistan.
Article 106
Decisions, verdicts and other resolutions of the court shall be binding on the territory of Turkmenistan.
Article 107
The right to professional legal assistance shall be guaranteed at any stage of the legal proceedings.
The legal aid to citizens and organizations shall be rendered by lawyers, and other physical persons and legal entities entitled to render such aid.
Article 108
The competence, formation and procedures of the court shall be defined by law.
CHAPTER VI. LOCAL GOVERNMENT AUTHORITIES
Article 109
In the provinces, districts and cities, local representative bodies – Halk maslahaty (people’s council) shall be established in the manner prescribed by law. Members of Halk maslahaty shall be elected by citizens of Turkmenistan residing in the respective administrative – territorial units.
Article 110
Halk maslahaty in the respective territory shall:
- it participates in organizing the implementation of the programmes of economic, social and cultural development;
- approve the local budget and report on its performance;
- contribute in law enforcement and maintaining public order, protection of rights and legal interests of citizens;
- hear reports from heads of local executive bodies on the implemented activities in the areas of economic, social and cultural development of the territory;
- deal with other issues assigned by Turkmenistan law to the competition of Halk maslahaty.
Resolutions adopted by Halk maslahaty shall be binding within their respective territory.
Functions, powers and operational procedure of Halk maslahaty, their members shall be specified by law.
Article 111
Executive power on the ground shall be exercised through: in welayats – hyakims (governors) of welayats, in etraps (disctricts) –hyakims of etraps, in towns and cities – hyakims of towns and cities.
Article 112
Hyakims shall be appointed and dismissed by the President of Turkmenistan and accountable to him.
Article 113
Hyakims ensure execution of the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan, the Cabinet of Ministers, and resolutions of the Mejlis of Turkmenistan.
Hyakims, within the limits of their competence, shall take binding decisions to be implemented on their subordinated territory.
Article 114
Functions and powers of Hyakims and their activities shall be specified by law.
