Constitution of Turkmenistan

1. Adopt the Constitution, enact laws, make amendments and changes to the Constitution and laws, monitor their performance and their interpretation;

2. Consider the approval of the programme of activities of the Cabinet of Ministers;

3. Examine the issues related to approval of the state budget of Turkmenistan and report on its implementation;

4. Consider the basic areas of national and foreign policy and programmes of political, economic social and cultural development of the country; https://www.constituteproject.org/constitution/Turkmenistan_2016 20/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS 5. Address COUNT RIESissues of national DATA referenda; EN AR LOG IN TOPICS STORIES ES 

6. Appoint [decide for] the election of the President of Turkmenistan, deputies of the Mejlis, members of Halk maslahaty and the Gengeshes.

7. 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;

8. 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;

9. Determine conformity to or divergence from the Constitution and the normative legal acts by the state authorities and administration;

10. Ratify and denounce international treaties;

11. Consider issues related to change of state borders and administrative - territorial division of Turkmenistan; Municipal government

12. Examine the issues related to peace and security;

13. 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: 1. adoption and amendments in the Constitution; 2. criminal and administrative law; 3. legal proceedings. https://www.constituteproject.org/constitution/Turkmenistan_2016 21/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute  Article 83 CONST IT UTIONS COUNT RIES DATA EN AR LOG IN TOPICS The right of legislative STORIES  ES to the President initiative shall belong 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. Restrictions on voting A deputy shall not be held administratively and criminally Claim of universal suffrage liable, detained, or otherwise deprived of liberty, without the Show more 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. Eligibility for first chamber Show more  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. First chamber selection Vice Chairperson of the Mejlis shall be elected by open ballot, Show more shall perform functions on behalf of the Chairperson, and shall act as Chairperson of the Mejlis in the absence of the Secret ballot Chairperson or his inability to exercise his/her powers. https://www.constituteproject.org/constitution/Turkmenistan_2016 22/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute  Article 89 CONST IT UTIONS COUNT RIES DATA EN AR LOG IN TOPICS STORIES Presidium (Panel) of the  ES the organization Mejlis shall perform 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 Referenda commissions.  Article 90 The procedure of the activity of the Mejlis and its committees Referenda and commissions, deputies, their functions and powers, shall be determined by law.  CHAPTER IV. CABINET OF MINISTERS OF TURKMENISTAN  Article 91 Municipal government 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 Referenda Ministers.  Article 92 The Cabinet of Ministers shall consist of the deputies of the Chairperson of the Cabinet of Ministers and ministers. The Referenda Show more 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. Attorney general 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: https://www.constituteproject.org/constitution/Turkmenistan_2016 23/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS 1. arrange executionDATA COUNT RIES of the laws of Turkmenistan, EN AR acts of LOG IN TOPICS the President of Turkmenistan STORIES andES the Mejlis of  Turkmenistan; 2. carry out measures to ensure and protect the rights and freedoms of citizens, protection of property rights and maintaining public order, national security; 3. 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; 4. carry out the state management of economic, social and cultural development; 5. organize management of public enterprises, institutions and organizations; 6. ensure rational use and conservation of natural resources; 7. take measures to strengthen monetary and credit system; 8. form, as appropriate, committees, senior management and other departments under the Cabinet of Ministers; 9. carry out foreign economic activities; ensure development of cultural and other relations with foreign states; 10. 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; 11. address other issues referred to its competence by the Constitution, laws and other normative legal acts of Turkmenistan. Central bank  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. https://www.constituteproject.org/constitution/Turkmenistan_2016 24/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute  CHAPTER V. JUDICIAL POWER CONST IT UTIONS COUNT RIES DATA EN AR LOG IN TOPICS  Article 96 STORIES ES  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. Unamendable provisions  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. Constitution amendment procedure  Article 99 Show more 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 https://www.constituteproject.org/constitution/Turkmenistan_2016 25/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS withCOUNT all the RIES rules of the procedure. DATA EN AR LOG IN TOPICS STORIES ES  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 https://www.constituteproject.org/constitution/Turkmenistan_2016 26/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS HalkCOUNT maslahaty RIES in the respective DATA territory shall: EN AR LOG IN TOPICS STORIES ES  1. it participates in organizing the implementation of the programmes of economic, social and cultural development; 2. approve the local budget and report on its performance; 3. contribute in law enforcement and maintaining public order, protection of rights and legal interests of citizens; 4. hear reports from heads of local executive bodies on the implemented activities in the areas of economic, social and cultural development of the territory; 5. 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. https://www.constituteproject.org/constitution/Turkmenistan_2016 27/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute  Article 114 CONST IT UTIONS COUNT RIES DATA EN AR LOG IN TOPICS STORIES Functions and powers of  be ES activities shall Hyakims and their specified by law.  SECTION IV. LOCAL SELF-GOVERNME N T  Article 115 Local self-government systems consist of Gengeshes and bodies of territorial public self-government. Gengeshes are representative bodies whose Members shall be elected by citizens of Turkmenistan residing in the respective administrative - territorial units.  Article 116 The Gengeshes in the respective territory shall: 1. determine the basic areas of economic, social and cultural development; 2. draw up and approve the budget and report on its performance; 3. set local taxes and fees, and their treatment (administration); 4. manage property, which they own; 5. define measures for rational use of natural resources and environmental protection; 6. contribute to maintaining public order; 7. deal with other issues assigned by law to the competence of the Gengesh. The decisions taken by the Gengeshes within the limits of their competence shall be binding in their respective territory. The law may confer certain state powers to the Gengeshes earmarking necessary material and financial means for their realization. Realization of the delegated powers shall be supervised by the state.  Article 117 https://www.constituteproject.org/constitution/Turkmenistan_2016 28/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS The COUNT Gengesh shall electDATA RIES Archyn (GengeshENHead) AR from its staff LOG IN TOPICS members, who shall supervise STORIES the work of ES the Gengesh and shall be accountable to it. Archyn shall enforce the implementation of decisions of the Gengesh, acts of the state and government authorities, and shall address the issues of local importance.  Article 118 The procedure of formation and activity of gengeshes and bodies of territorial public self-government, as well as their relationship with public authorities are determined by law.  SECTION V. E LE CTION SYSTEM, REFE R E N DUM  Article 119 Elections of the President of Turkmenistan, deputies of the Mejlis, members of the halk maslahaty (Peoples Council) and Gengesh shall be held by universal and equal suffrage. The citizens of Turkmenistan, who attained the age of 18, shall have the right to vote; each voter shall have one vote. Citizens recognized by the court as legally incapable, as well as serving sentence in prisons, shall not participate in elections. Limiting the electoral rights of citizens in other cases shall not be acceptable, and shall be punishable by law.  Article 120 A citizen of Turkmenistan who has attained the age of 25 and has lived [continuously] in Turkmenistan for the past ten years, can be elected as deputy of the Mejlis. The requirements for candidates for membership of the Mejlis, Halk maslahaty and Gengeshes shall be defined by laws of Turkmenistan.  Article 121 Elections shall be direct and the elected persons shall be elected directly by the citizens.  Article 122 https://www.constituteproject.org/constitution/Turkmenistan_2016 29/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS Voting in elections shall DATA COUNT RIES be by secret ballot, manipulation EN AR of the LOG IN TOPICS will of the voters during voting shall not be STORIES ES permitted.   Article 123 The right to nominate candidates shall be exercised in accordance with the legislation of Turkmenistan.  Article 124 National and local referenda may be carried out in order to address major issues of state and public life. Decisions adopted by referenda may be repealed or amended only through referendum.  Article 125 The right to conduct national referendum shall belong to the Mejlis of Turkmenistan upon proposal of at least two-third of the total number of deputies, or on the petition of no less than 250 000 eligible voters.  Article 126 The right to conduct local referenda shall belong to the Gengesh on its initiative, or at the suggestion of no less than one quarter of voters residing in the respective territory.  Article 127 Referenda shall be held through universal, equal, direct and secret vote. Citizens of Turkmenistan with electoral rights shall participate in referenda.  Article 128 The procedure for conduct of elections, national and local referenda, shall be determined by law. The elections and referenda shall not be held during the period of state of emergency and martial law.  SECTION VI. P ROSECUTOR’S OFFICE  Article 129 https://www.constituteproject.org/constitution/Turkmenistan_2016 30/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS The COUNT supervision RIES of precise and uniform enforcement DATA EN AR ofLOG the IN TOPICS laws of Turkmenistan, acts of the President STORIES ES of Turkmenistan  and the Cabinet of Ministers of Turkmenistan, resolutions of the Mejlis of Turkmenistan, shall be vested in the Prosecutor General of Turkmenistan, and his/her subordinate prosecutors. The Prosecutor shall participate in court proceedings on grounds of and in the manner prescribed by law.  Article 130 The Prosecutor’s office shall supervise the legality of operational and criminal investigations.  Article 131 The Prosecutor General of Turkmenistan heads the common centralized system of public prosecution bodies. The procedure of appointment and dismissal of prosecutors shall be determined by law.  Article 132 The Prosecutor General and his/her subordinated prosecutors, in exercising their powers shall be guided only by the law.  Article 133 Competence, order of formation and activity of public prosecution bodies shall be determined by law.  SECTION VII. E CONOMY AND FIN AN CIAL SYSTE M  Article 134 The economy of Turkmenistan shall be based on the principles of market relations. The state shall encourage and support entrepreneurship, promote development of small and medium enterprises.  Article 135 Taxes, fees and other mandatory payments of the government, the grounds of tax liability, system of legal protection of the taxpayer shall be determined by law. https://www.constituteproject.org/constitution/Turkmenistan_2016 31/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute  Article 136 CONST IT UTIONS COUNT RIES DATA EN AR LOG IN TOPICS The financial system ofSTORIES  ES consist of the Turkmenistan shall budget system, banking system, financial institutions and financial assets of enterprises, organizations, agencies and citizens of Turkmenistan. In Turkmenistan shall be implemented the common budget, financial, tax, monetary and credit policy.  Article 137 The budget system of Turkmenistan shall consist of aggregate budgets of all levels constituting components of the State Budget of Turkmenistan. General principles of budgeting and operation of the budget system of Turkmenistan, as well as the basis for budget operations and inter-budget relations in Turkmenistan shall be determined by law.  Article 138 The banking system of Turkmenistan shall consist of the Central Bank and credit institutions of Turkmenistan. The Central Bank of Turkmenistan shall ensure implementation of the uniform state monetary-credit policy, organization of cash circulation, the functioning of settlement and payment system, protection of interests of creditors and depositors of credit institutions and the management of international reserves of Turkmenistan, and perform other functions stipulated by law.  Article 139 The Manat shall be the national currency. The turnover of the foreign currency on the territory of Turkmenistan shall be governed by law.  SECTION VIII. FIN AL PROVISIONS  Article 140 Laws, other legal acts of state authorities and officials shall be adopted on grounds of and in compliance with the https://www.constituteproject.org/constitution/Turkmenistan_2016 32/33 22/05/2024 16:29 Turkmenistan 2008 (rev. 2016) Constitution - Constitute CONST IT UTIONS Constitution. COUNT RIES DATA EN AR LOG IN TOPICS STORIES ES  In case of divergence between provisions of the Constitution and laws, the provisions of the Constitution shall be applied.  Article 141 The provisions of the Constitution on state government in the form of the presidential republic shall not be changed.  Article 142 The constitutional law on approval and revision of the Constitution shall be deemed adopted if no less than two third of the total number of deputies of the Mejlis of Turkmenistan or more than a half of the citizens of Turkmenistan participating in national referendum voted for it. WHAT'S NEW PRIVATE SHARE ABOUT COLL E CTIONS ACKNOWL EDGEMENTS DATA   RECOGNITION API DOCUMENTATION PRIVACY TERMS & CONDITIONS https://www.constituteproject.org/constitution/Turkmenistan_2016 33/33