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Constitution of Turkmenistan

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The Constitution of Turkmenistan adopted on 18 May 1992 is the supreme law of Turkmenistan (Article 5). In its preamble , the Constitution emphasizes self-determination for the Turkmen people , as well as the rule of law and rights for citizens. ( See also Human rights in Turkmenistan ).

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34-550: The 1992 constitution was amended in 1995, 1999, 2003 and 2006. It was amended on 26 September 2008, abolishing the 2,500-member People's Council ( Halk Maslahaty ) and expanding the elected Assembly ( Mejlis ) from 65 to 125 members. A new constitution was adopted on 14 September, 2016. State Flag and Constitution Day is celebrated on 18 May. There were three Constitutions of the Turkmen Soviet Socialist Republic, enacted in 1927, 1937, and 1978. The last

68-620: A decree on 10 October 2017 transforming the Council of Elders back into the People's Council. The first meeting of the re-created upper chamber took place following the 2018 regional and local elections. Election to the upper chamber was held on 28 March 2021. In January 2023 both chambers of parliament proposed to abolish the People's Council (Halk Maslahaty) as a legislative organ, to reform it as an independent body, and to place all legislative authority in

102-531: A presidium, which is responsible for organizing the work of the Mejlis. Originally, the Assembly shared power with the People's Council . Between 2018 and January 2023, the People's Council was restored as a parliamentary body, an arrangement formalised in 2020. A 2003 law reduced the power of the Assembly and augmented that of the People's Council. This meant that until 2008 the Assembly could be legally dissolved by

136-561: A unicameral Mejlis. A joint session of the National Council voted unanimously in favour of this on 22 January 2023, re-establishing a unicameral parliament with the Assembly as its sole chamber. On 16 March 2023 President Serdar Berdimuhamedow signed into law a new "Law on the Mejlis". It confirms membership of 125 deputies in Article 2, establishes the authorities of the Mejlis in Article 18, and in Article 40 disqualifies any "member of

170-471: A value protected by the state. Article 8 states that foreign residents and persons without citizenship enjoy the same rights as the citizens of Turkmenistan subject to existing laws and international agreements. Among the rights specifically enumerated are the right to property (article 9) and freedom of religion (article 12; article 11 in the 1992 Constitution). Article 4 endorses a separation of powers , including judicial independence . Article 14 (13 in

204-468: Is a dominant-party state ruled mostly by its president. On lower administrative levels, district and city halk maslahaty s existed, as well. The national-level Halk Maslahaty was abolished when President Gurbanguly Berdimuhamedow introduced a new constitution in 2008, its powers being returned to the Assembly and the President. In October 2017, however, President Gurbanguly Berdymukhammedov reorganised

238-469: Is abolished in Turkmenistan. The 1992 Constitution allowed capital punishment, but only for "the heaviest of crimes" (article 20), and this provision was subsequently annulled by a 1999 presidential decree that abolished capital punishment. Finally, Section 2 lists some obligations on citizens, including serving in the military (article 41; 1992:38) and paying taxes (article 42; 1992:39). Section 3 describes

272-580: Is empowered to amend the constitution . Its chairperson is appointed by the president and is designated the "National Leader". State media referred to the People's Council as the "supreme representative organ of people's power", a title similar to the "supreme organ of state power" of the Supreme Soviet of the USSR . From 2018 to 2023 it was the upper chamber of Turkmenistan's Parliament, the " National Council " ( Turkmen : Milli Geňeş ). As of 22 January 2023

306-534: Is the unicameral legislature of Turkmenistan . Between March 2021 and 21 January 2023, it was the lower house of the National Council of Turkmenistan . It consists of 125 members, who are elected for five-year terms in single-seat constituencies . In addition to the speaker (chairperson) and deputy speaker, the Mejlis is organised into committees, which are decided on at the beginning of each convocation. The speaker, deputy speaker, and committee chairs form

340-515: The 1992 Constitution ). It was abolished in the new constitution of 2008. The original council had 2,507 members, some of whom were elected. All candidates at the elections of 7 April 2003 (turnout 89.3%) belonged to the Democratic Party of Turkmenistan . Like the Assembly of Turkmenistan (the parliament), it was led by the President, who was constitutionally the head of both the legislative and

374-507: The Cabinet of Ministers of Turkmenistan , governor, mayor, judge, prosecutor" from membership in the Mejlis. Elections were held on 26 March 2023 for the seventh session of the Mejlis. On 6 April 2023, Dunýagözel Akmuhammedowna Gulmanowa was elected speaker. The previous chairman of the Mejlis was Gülşat Mämmedowa from 30 March 2018 until 6 April 2023. Mämmedowa succeeded Akja Nurberdiýewa . The Constitution of Turkmenistan stipulates that

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408-411: The right to work (article 33; 1992:31), the right to rest (article 34; 1992:32), and the right to education (article 38; 1992:35). Other social rights include the right to health care , the right to old-age pension, and the right to disability benefits (articles 35, 37; 1992:33, 34). A new article added in the 2008 Constitution (article 36) establishes the right to environmental quality and charges

442-499: The 1992 Constitution) establishes the Turkmen language as the official language and article 17 (15 in the 1992 Constitution) confirms Ashgabat as the capital city. Two new articles added in the 2008 Constitution declare the state's commitment to the market economy, including encouragement of small and medium-sized business (Article 10), and specify the administrative division of the country into welayats (provinces), cities with

476-407: The 2008 Constitution (54-61 of the 1992 Constitution) describe the powers of the President of Turkmenistan. The President is the head of state and also the head of government (Article 50). The President is in charge of Turkmenistan's foreign policy and is the country's commander-in-chief (Article 53). In addition to signing laws enacted by Mejlis , he may issue Presidential decrees that have

510-429: The 2021 election. They included 37 from Ahal province , 38 from Lebap province , and 39 each from the other provinces and the city of Ashgabat . One hundred twelve candidates competed for 48 seats. Twenty-seven per cent of the winning candidates were women. President Gurbanguly Berdimuhamedow was among candidates elected to the People's Council as a member from Ahal province. He reportedly received 100% of votes from

544-535: The Council of Elders into a new People's Council. In September 2020 the Turkmenistan Parliament adopted a constitutional amendment creating an upper chamber and thus making the Parliament bicameral. The People's Council became the upper chamber. It consists of 56 members, 48 of whom are elected indirectly (i.e., by electors, not by popular ballot) and 8 of whom are appointed by the president. Together with

578-574: The Halk Maslahaty as a legislative organ, to reform it as an independent representative body, and to place all legislative authority in a unicameral Assembly (Mejlis) . This proposal was adopted in a joint session of the National Council on 21 January 2023. Turkmen official media reported that 231 out of 240 eligible electors came from the Halk Maslahatys of the five provinces and Ashgabat city, meaning 98.7% of eligible electors participated in

612-533: The Mejlis, approval of their compositions, election of chairmen and deputy chairmen of committees and commissions, and their dismissal from office; (5) Mandatory consideration of the approval of laws enacted by the President of Turkmenistan; (6) Consideration of approval of the programme of activities of the Cabinet of Ministers of Turkmenistan; (7) Consideration of the issue of approving the State budget of Turkmenistan and

646-596: The People's Council, was led by the President, and was no longer able to amend the Constitution. Subsequently, the People's Council was demoted and reorganised into the Council of Elders by a new constitution drafted by Gurbanguly Berdimuhamedow in 2008, making the Assembly/Mejlis the unicameral parliament again. However, following the adoption of another new constitution in September 2016, President Berdimuhamedow issued

680-546: The President of Turkmenistan; (15) Ratification and renunciation of international instruments; (16) Resolving questions related to any modification of the State border and the administrative-territorial division of Turkmenistan; (17) Determining the conformity with the Constitution of laws and regulations issued by State authorities; (18) Considering and approving annual and prospective plans for legislative work; (19) Considering issues of peace and security; 20) Exercising organizational and methodological assistance in

714-657: The appointment and dismissal of the Chief Justice of the Supreme Court, Prosecutor-General, Minister of the Interior and Minister of Justice on the recommendation of the President of Turkmenistan; (12) Election of a Turkmenistan plenipotentiary - the Ombudsman, on the nomination of the President of Turkmenistan; (13) Introduction of State honours; and (14) Awarding of State awards and conferral of military and other State titles to

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748-604: The assembly: The Article 18 authorities include 1) Adoption of the Constitution and laws, amendments and additions to them, control over their implementation, and their official interpretation; 2) election of the Chairman of the Mejlis and the Deputy Chairman of the Mejlis and their dismissal from office; 3) establishment of the Presidium of the Mejlis; 4) formation, reorganization and abolition of committees and commissions of

782-594: The electors. On 14 April 2021, Berdimuhamedow was unanimously elected chairman of the People's Council. On 14 April 2021, President Berdimuhamedow appointed eight additional members: Kasymguly Babaýew , Guwançmyrat Agaýew, Batyr Orazmämmedow, Dünýägözel Gulmanowa, Merettagan Taganow, Serdar Gaýypow, Merdan Halnazarow, and Çarygeldi Babanyýazow. The People's Council prior to 2023 was organised into five committees. Chairpersons were elected on 14 April 2021 as follows: Assembly of Turkmenistan Government support (60) The Assembly ( Turkmen : Mejlis )

816-420: The executive branches of government. Turkmenistan's administration was based on Halk Maslahatys on different levels. Each province (welaýat) of Turkmenistan had its own (originally 80-member, now 40-member) welaýat halk maslahaty , whose members are elected directly in constituencies. Their influence has been fairly limited even on paper and probably even more so in practice, taking into account that Turkmenistan

850-436: The full membership and size of the People's Council were unclear, but Turkmen state media declared it would include "representatives of state organs, society, regions, including wise elders, youth being the country's future." According to official state media, the People's Council will include: By law the president of Turkmenistan chairs the council in the event of incapacitation of the chairperson. The former deputy chairperson

884-565: The organs of government in Turkmenistan. The state power is vested with the President , the Mejlis (Parliament or Assembly), the Cabinet of Ministers , and the Supreme Court of Turkmenistan (Article 48). The People's Council of Turkmenistan ( Halk Maslahaty ), which figured prominently in the 1992 Constitution (Chapter 2 of Section 3), was abolished in the 2008 Constitution. Articles 50-58 of

918-409: The power of law in Turkmenistan (Article 54). People%27s Council of Turkmenistan The People's Council of Turkmenistan ( Turkmen : Halk Maslahaty , [xɑlq mɑθlɑxɑt̪ɯ] ; "People's Council") is Turkmenistan 's independent "representative body" exerting supreme constitutional authority. It includes in its membership, but is not considered part of, the legislature . Among other things, it

952-572: The previous unicameral parliament, the 125-seat Mejlis , as the lower chamber, the Parliament was called the National Council ( Turkmen : Milli Geňeş ). Elections to the upper chamber were held 28 March 2021. Elections to the Mejlis were last held 25 March 2018. Outside observers consider the Turkmen legislature to be a rubber stamp parliament. In 2022 the Halk Maslahaty was officially renamed Döwlet Maslahaty ("Government Council"). In January 2023 both chambers of parliament proposed to abolish

986-453: The report on its implementation; (8) Consideration of the main thrusts of domestic and foreign policy of Turkmenistan and of programmes for the political, economic, social and cultural development of the country; (9) Deciding questions relating to national referenda; (10) Calling for the election of the President of Turkmenistan, members of the Mejlis, provincial, district and municipal people's councils and local councils; (11) Considering

1020-411: The state with the responsibility for preserving natural resources and protecting the environment. Article 21 (1992:19) states that the exercise of individual rights and freedoms should not impinge on the rights and freedoms of other individuals and can be limited by considerations of morality , law, and public order. Article 22 declares that everybody has the right to life and that capital punishment

1054-485: The state, as well as programs and laws on the political, economic, social, and cultural development of the country; 3) hear annual addresses of the President of Turkmenistan; 4) review issues of peace and security; 5) fulfill the right of legislative initiative; 6) fulfill any other authorities foreseen in Turkmen law. The Halk Maslahaty was originally the highest representative body in Turkmenistan (Article 45 of

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1088-523: The status of welayat , etraps (districts), towns with etrap status, towns in an etrap , and villages of different levels (Article 16, supersedes Article 47 in the 1992 Constitution). Section 2 outlines rights of individuals and citizens. Civil and political rights include equality rights (article 19; 1992:17), sex equality (article 20; 1992:18), freedom from cruel and unusual punishment (article 23; 1992:21), and freedom of movement (article 26; 1992:24). Social and economic rights include

1122-603: Was identified in Turkmen state media as chief of staff ( Russian : управляющий делами ) in February 2023. On 18 July 2023 the People's Council adopted a resolution forming an Elders Council ( Turkmen : Ýaşulular geňeşi , Russian : Совет старейшин ). The law governing the People's Council stipulates that it will 1) review and approve proposals on issues on adoption of the Constitution or Constitutional laws of Turkmenistan, their amendment and augmentation; 2) review and approve basic directions of domestic and foreign policy of

1156-474: Was superseded by the modern Constitution of Turkmenistan, which came into force in 1992. It has since been amended in 2008 and 2016. Section 1 of the 2008 Constitution is composed of 17 articles (15 articles in the 1992 Constitution). Article 1 describes Turkmenistan as a secular democracy and presidential republic . The sovereignty and the territorial integrity of the state are inviolable and indivisible. Article 3 proclaims individual rights and dignity as

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