Contents of Part ONE
- Joint session of the Parliament of Turkmenistan and representatives of the public – Main Outcomes
- Turkmenistan adopts three constitutional laws to amend Constitution, define scope of reformatted Halk Maslahaty and newly created position of National Leader
- Decree of the President of Turkmenistan – About the Chairman of the Halk Maslahaty of Turkmenistan
- CONSTITUTIONAL LAW OF TURKMENISTAN On the National Leader of the Turkmen people
- CONSTITUTIONAL LAW OF TURKMENISTAN – On amendments and additions to the Constitution of Turkmenistan
Joint session of the Parliament of Turkmenistan and representatives of the public – Main Outcomes
On 21 January 2023, a joint meeting of both chambers of the Parliament of Turkmenistan – the Halk Maslahaty and the Mejlis of Turkmenistan – and representatives of the public of Turkmenistan took place in Ashgabat. Chairman of the Halk Maslahaty Gurbanguly Berdimuhamedov presided at the meeting of the Parliament.
Summary of the session’s outcomes:
The upper house of the Parliament of Halk Maslahaty has been abolished. On the basis of the Constitutional Law signed by the President, a separate body was created – the Halk Maslahaty (People’s Council) – the highest representative body with broad powers representing the interests of the people of Turkmenistan.
In accordance with the first part of Article 3 of the Constitutional Law of Turkmenistan “On the Halk Maslahaty of Turkmenistan”, the Chairman of the Halk Maslahaty of Turkmenistan is appointed by the President of Turkmenistan.
In accordance with the Decree of the President of Turkmenistan “On the Chairman of the Halk Maslahaty of Turkmenistan” Gurbanguly Berdimuhamedov has been appointed Chairman of the Halk Maslahaty.
On the basis of the Constitutional Law of Turkmenistan “On the Halk Maslahaty of Turkmenistan” Gurbanguly Berdimuhamedov is a permanent member of the Halk Maslahaty of Turkmenistan.
The bicameral Parliament of Turkmenistan Milli Gengesh has been reverted into a unicameral parliament – the Mejlis.
The Mejlis of Turkmenistan (parliament) is a representative body exercising legislative power.
The Constitutional Law of Turkmenistan On the National Leader of the Turkmen People has been adopted, defining the legal status, rights and powers of the national leader. The law was signed by the President of Turkmenistan.
On the basis of this Law, Hero of Turkmenistan, Honorary Elder of Turkmenistan, Chairman of the Halk Maslahaty of Turkmenistan Gurbanguly Berdimuhamedov is recognized as the National Leader of the Turkmen people.
The National Leader of the Turkmen people is a permanent member of the Halk Maslahaty of Turkmenistan.
A Constitutional commission has been established to develop and summarize proposals in connection with amendments and additions to the Constitution of Turkmenistan.
Turkmenistan adopts three constitutional laws to amend Constitution, define scope of reformatted Halk Maslahaty and newly created position of National Leader
During the joint session of the National Council (Milli Gengesh), comprising of Peoples Council (Halk Maslahaty) and Mejlis (Parliament), on 21 January 2023, three constitutional laws of Turkmenistan were adopted.
The combined effect of these three laws is that the National Council has been dissolved, reverting the parliament to the single chamber (Mejlis), the Halk Maslahaty has been reformatted to become the supreme representative body of the country, and a new position of National Leader (Milli Leader) has been created with Gurbanguly Berdimuhamedov being assigned this role.
The same day a presidential decree was issued to confirm Gurbanguly Berdikmuhamedov as the National Leader. He is also the chairman of the newly reformatted Halk Maslahaty.
Here we are producing the unofficial, slightly paraphrased translation of these three laws. While every care has been taken to convey the meaning and spirit of the original texts, nCa or anyone affiliated with nCa cannot be held responsible for any complications or problems arising from the use of this translation.
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Decree of the President of Turkmenistan – About the Chairman of the Halk Maslahaty of Turkmenistan
Considering the colossal merits in establishing a solid foundation for a democratic legal and secular state, comprehensive development and strengthening of the international authority of independent neutral Turkmenistan, strengthening the unity of society, harmony and solidarity of the people over many years of state and public work, recognition as a prominent statesman and politician, who was awarded the great honor, great respect and reverence of the Turkmen people, high organizational skills in the wise government of the state, an outstanding example of competence, determination and leadership, successfully implementing the humane policy “The state is for people!” in the era of the Revival of a new era of a powerful state, in accordance with the first part of Article 3 of the Constitutional Law of Turkmenistan
“On the Halk Maslahaty of Turkmenistan”, I decide:
to appoint the Hero of Turkmenistan, the Honorary Elder of Turkmenistan, the Arkadag of the people, the National Leader of the Turkmen people Gurbanguly Myalikgulyevich Berdimuhamedov as the Chairman of the Halk Maslahaty of Turkmenistan.
President of Turkmenistan, Serdar Berdimuhamedov.
Ashgabat, January 21, 2023.
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CONSTITUTIONAL LAW OF TURKMENISTAN On the National Leader of the Turkmen people
This Constitutional Law, attaching great importance to the role of outstanding personalities in society, who have great merit in the rapid advancement of their own path of development of Independent, permanently Neutral Turkmenistan as a modern and powerful state in the world and the creation of a national model of statehood, who are highly respected by the people with their truthful, fair, far-sighted, wise, humane views, having unlimited honor, respect of the people, based on the peculiar traditions of the Turkmen people, going back to times immemorial, the rich experience accumulated by our ancestors in governance, corresponding to the life realities in the modern society and the will of our people, recognizes the National The leader of the Turkmen people and determines his political and legal status.
Article 1. For special merits in the comprehensive development of Independent, permanently Neutral Turkmenistan, in increasing its international prestige, and in the successful implementation of the humane policy of the “State – for People!”, strengthening the integrity of society, unity and cohesion of the people, having worked for many years in state and public activities, as President of Turkmenistan, as an expression of boundless esteen, high honor, great respect and love of the people, on the basis of the law to recognize the Great Personality of our time, recognized at the national and international level as a prominent and authoritative state, political and public figure, Hero of Turkmenistan, Honored People’s Elder of Turkmenistan, Chairman of the Halk Maslahaty of Turkmenistan, Respected Gurbanguly Berdimuhamedov, The National Leader of the Turkmen People.
Article 2. The National Leader of the Turkmen people has a permanent right:
1) to address the people of Turkmenistan on important issues of the state structure of Turkmenistan, internal and foreign policy and security of the country, programs of socio-economic development of the country, to take an initiative that is mandatory for consideration by the relevant state bodies, as well as officials;
2) to speak at meetings of the Mejlis of Turkmenistan when considering important issues related to state and public life, discussing legislative acts;
3) participate, put forward proposals, state their positions in the development and implementation by the Cabinet of Ministers of Turkmenistan of programs related to the directions of political, socio-economic, cultural and humanitarian development of the country, when discussing issues of importance;
4) to speak at meetings and congresses of political parties and public associations with edifying instructions, as well as with political and public appeals providing for ensuring the state power of Turkmenistan, the greatest strengthening of the just, wise, far-sighted and humane domestic and foreign policy of the President of Turkmenistan, unity, cohesion of our people, ensuring human and civil rights and freedoms, young people’s respect for family unity, national traditions, Independent and Neutral policy of the country, principles of good neighborliness, solidarity, humanism, justice and the elevation of human dignity.
Article 3. The National Leader of the Turkmen people and members of his family have the right of inviolability.
The right of inviolability also applies to his property and property owned by family members.
Article 4. Ensuring the activities of the National Leader of the Turkmen people is carried out through the authorized bodies of the State. The provision of office, housing, social, transport, communication, medical, sanatorium and other services to the National Leader of the Turkmen people, as well as material support are carried out by authorized state bodies.
Article 5. The National Leader of the Turkmen people is a permanent member of the Halk Maslahaty of Turkmenistan.
Article 6. The national Leader of the Turkmen people, in the places of his permanent or temporary stay, as well as members of his family, shall be provided with State protection.
The State protection of the National Leader of the Turkmen people and his family members is carried out by the State security services.
Article 7. The creation of all conditions for the unhindered and effective implementation by the National Leader of the Turkmen people of his activities, the protection of his rights and freedoms, life, honor and dignity is carried out by the State.
Obstruction of the legitimate activities of the National Leader of the Turkmen people, his humiliation, actions against his honor and dignity entail responsibility in accordance with the legislation of Turkmenistan.
Article 8. Financing of the expenses provided for by this Constitutional Law shall be carried out at the expense of the State Budget of Turkmenistan.
Article 9. This Constitutional Law shall enter into force from the moment of its signing.
President of Turkmenistan, Serdar Berdimuhamedov.
Ashgabat, January 21, 2023.
CONSTITUTIONAL LAW OF TURKMENISTAN – On amendments and additions to the Constitution of Turkmenistan
I. Include in the Constitution of Turkmenistan, adopted on May 18, 1992, approved in a new edition by the Constitutional Law of Turkmenistan dated September 14, 2016 (Bulletin of the Mejlis of Turkmenistan, 2016, No. 3, art. 131; 2017, No. 4, art. 130; 2020, No. 3, art. 68), the following changes and additions:
1) after Article 6, add an article with the following content:
“Article 6-1. The Halk Maslahaty of Turkmenistan is the highest representative body representing the interests of the people of Turkmenistan, the procedure for its creation and powers are determined by the Constitutional Law.”;
2) in Article 66 the words “Milli Gengesh of Turkmenistan (Halk Maslahaty and Mejlis)” shall be replaced by the words “Mejlis of Turkmenistan”;
3) in Article 71:
in paragraphs 9 and 13 the words “Milli Gengesh” and “chambers of the Milli Gengesh” shall be replaced by the word “Mejlis”;
Paragraph 10 shall be amended as follows:
“10) signs laws, in case of disagreement, has the right not later than within two weeks, using the right of suspensive veto, to return the law with his objections to the Mejlis of Turkmenistan for re-discussion and voting. If the Mejlis of Turkmenistan confirms the earlier decision by at least two-thirds of the votes of the total number of deputies, the President of Turkmenistan signs this law. The President of Turkmenistan does not have the right of suspensive veto in relation to laws on the adoption of the Constitution, amendments and additions to it;”;
in paragraph 11 the words “Milli Gengesh” shall be replaced by the words “Mejlis”;
in paragraphs 16 and 17 the words “Halk Maslahaty” and “Mejlis” shall be replaced by the words “Mejlis of Turkmenistan” and “Mejlis of Turkmenistan” respectively;
4) in Article 73 the words “member or deputy of the Milli Gengesh” shall be replaced by the words “deputy of the Mejlis”;
5) Article 75 shall be declared invalid;
6) in Article 76 the words “Halk Maslahaty” shall be replaced by the words “Halk Maslahaty of Turkmenistan”;
7) Chapter III shall be stated in the following wording:
“Chapter III. MEJLIS OF TURKMENISTAN
Article 77. The Mejlis of Turkmenistan (Parliament) is a representative body exercising legislative power.
Article 78. The Mejlis of Turkmenistan consists of 125 deputies, they are elected by constituencies with an approximately equal number of voters for a term of five years. A citizen of Turkmenistan who has reached the age of twenty-five by the day of elections and has permanently resided in Turkmenistan for the previous ten years may be elected as a deputy of the Mejlis of Turkmenistan.
Article 79. The Mejlis of Turkmenistan may be dissolved ahead of schedule in the following cases:
1) on the basis of a decision of a national referendum;
2) on the basis of a resolution adopted by a majority of at least two-thirds of the total number of deputies of the Mejlis of Turkmenistan (self-dissolution);
3) the President of Turkmenistan in case of failure to form the leadership of the Mejlis of Turkmenistan within six months.
Article 80. The Mejlis of Turkmenistan determines the powers of the deputies independently, elects from among them the Chairman of the Mejlis of Turkmenistan, his/her deputy, and forms committees and commissions.
Deputies of the Mejlis of Turkmenistan of the previous convocation retain their powers until the opening of the first session of the Mejlis of Turkmenistan of the new convocation.
Article 81. Mejlis of Turkmenistan:
1) adopts the Constitution and laws, introduces amendments and additions to them, exercises control over their implementation and their official interpretation;
2) considers the issue of approving the program of activities of the Cabinet of Ministers;
3) considers issues on the approval of the State budget of Turkmenistan and the report on its implementation;
4) considers the main directions of domestic and foreign policy of the state and programs of political, economic, social and cultural development of the country;
5) resolves issues on holding nationwide referendums;
6) calls elections for the President of Turkmenistan, deputies of the Mejlis of Turkmenistan, members of the velayat, etrap and city halk maslahaty and Gengeshes;
7) considers, at the proposal of the President of Turkmenistan, issues of appointment and dismissal of the Chairman of the Supreme Court of Turkmenistan, the Prosecutor General of Turkmenistan, the Minister of Internal Affairs of Turkmenistan, the Minister of Adalat of Turkmenistan;
8) at the suggestion of the President of Turkmenistan, elects the Authorized Representative for Human Rights in Turkmenistan – the Ombudsman;
9) establishes state awards, awards the President of Turkmenistan with state awards, confers military ranks and other state ranks on him;
10) determines the compliance of the normative legal acts of public authorities with the Constitution;
11) ratifies and denounces international treaties;
12) solves the issues of changing the State border and the administrative-territorial division of Turkmenistan;
13) considers issues of peace and security;
14) resolves other issues referred by the Constitution and laws to the competence of the Mejlis of Turkmenistan.
Article 82. The Mejlis of Turkmenistan may transfer the right to issue laws on certain issues to the President of Turkmenistan with the obligatory subsequent consideration by the Mejlis of Turkmenistan of the issue of their approval.
The Mejlis of Turkmenistan cannot delegate to anyone the right to issue laws on:
1) adoption and amendment of the Constitution;
2) criminal and administrative legislation;
3) legal proceedings.
Article 83. The right of legislative initiative belongs to the President of Turkmenistan, the Halk Maslakhaty of Turkmenistan, 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 of Turkmenistan has the right to make an official request, as well as oral and written questions to the Cabinet of Ministers, ministers, heads of other state bodies.
Article 85. The state guarantees to each deputy of the Mejlis of Turkmenistan the creation of all conditions for the unhindered and effective exercise of their powers, the protection of their rights and freedoms, life, honor and dignity, as well as personal inviolability.
Article 86. A deputy may be deprived of deputy powers only by the Mejlis of Turkmenistan. The decision on this issue is taken by a majority of at least two-thirds of the total number of deputies of the Mejlis of Turkmenistan.
A deputy cannot be brought to administrative and criminal liability, arrested or otherwise restricted in freedom without the consent of the Mejlis of Turkmenistan.
Article 87. A deputy of the Mejlis of Turkmenistan cannot simultaneously hold the position of a member of the Cabinet of Ministers, hyakim, archin, judge, prosecutor.
Article 88. The Chairman of the Mejlis of Turkmenistan is elected by secret ballot. He/she is accountable to the Mejlis of Turkmenistan and may be dismissed from office by a decision taken by a majority of at least two-thirds of the total number of deputies of the Mejlis of Turkmenistan.
The Deputy Chairman of the Mejlis of Turkmenistan is elected by open vote, performs certain functions on behalf of the Chairman of the Mejlis of Turkmenistan, acts as the Chairman of the Mejlis of Turkmenistan in case of his/her absence or inability to exercise his/her powers.
Article 89. The Presidium of the Mejlis of Turkmenistan organizes the activities of the Mejlis of Turkmenistan.
The Presidium includes the Chairman of the Mejlis of Turkmenistan, his/her deputy, chairmen of committees and commissions.
Article 90
8) in paragraph 1 of Article 94, Articles 113 and 129 the words “chambers of the Milli Gengesh” shall be replaced by the word “Mejlis”;
9) Article 120 shall be stated in the following wording:
“Article 120. Requirements for candidates for deputies of the Mejlis of Turkmenistan, members of the velayat, etrap and city halk maslahaty and Gengeshes are determined by the laws of Turkmenistan.”;
10) in Article 125 the words “Halk Maslahaty” and “members of the Halk Maslahaty” shall be replaced by the words “To the Mejlis of Turkmenistan” and “deputies of the Mejlis of Turkmenistan” respectively;
11) in Article 142 the words “members of the Halk Maslahaty and at least two thirds of the total number of deputies of the Mejlis” shall be replaced by the words “deputies of the Mejlis of Turkmenistan”;
II. This Constitutional Law shall enter into force from the moment of its signing.
III. The Halk Maslahaty of the Milli Gengesh of Turkmenistan terminates its activities from the date of the entry into force of this Constitutional Law.
IV. The resolutions of the Halk Maslahaty of the Milli Gengesh of Turkmenistan are valid insofar as they do not contradict the Constitution and laws of Turkmenistan.
V. The right to change and terminate the resolutions of the Halk Maslahaty of the Milli Gengesh of Turkmenistan is attributed to the competence of the Mejlis of Turkmenistan.
VI. The powers of the members of the Halk Maslahaty of the Milli Gengesh of Turkmenistan shall be terminated ahead of schedule from the date of entry into force of this Constitutional Law.
VII. The powers of the deputies of the Mejlis of the Milli Gengesh of Turkmenistan of the sixth convocation shall be retained for the period established by laws until the opening of the first session of the new convocation of deputies of the Mejlis of Turkmenistan.
President of Turkmenistan, Serdar Berdimuhamedov.
Ashgabat, January 21, 2023.
///nCa, 22 January 2023