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  • 23 Dec, 2020

CONSTITUTIONAL LAW OF TURKMENISTAN On amendments and additions to the Constitution of Turkmenistan

Introduce to the Constitution of Turkmenistan, adopted on May 18, 1992, approved in a new version by the Constitutional Law of Turkmenistan dated September 14, 2016 (Vedomosti of the Mejlis of Turkmenistan, 2016, No. 3, Art. 131; 2017, No. 4, Art. 130) , the following changes and additions:
1) to exclude article 61;
2) in Article 66 the words “Mejlis of Turkmenistan” shall be replaced by the words “Milli Gengesh of Turkmenistan (Khalk Maslakhaty and Mejlis)”;
3) in Article 71:
in paragraph 9, the word "Mejlis" shall be replaced by the words "Milli Gengesh of Turkmenistan";
in clauses 11 and 13 the words “Mejlisu” and “Mejlis” shall be replaced by the words “Milli Gengesh” and “Chambers of Milli Gengesh”, respectively;
Clause 10 shall be stated in the following edition:
“10) signs laws, in case of disagreement, he has the right, no later than two weeks, using the right of suspensive veto, to return the law with his objections to the Mejlis for a second discussion and vote. This law is re-examined by the Mejlis and Khalk Maslakhaty in the manner prescribed by the Constitution. If the reconsidered law was confirmed in the previous edition by a majority of at least two-thirds of the votes of the total number of members of the Khalk Maslakhaty and deputies of the Mejlis, the President of Turkmenistan signs this law. The President of Turkmenistan does not have the right of a suspensive veto in relation to constitutional laws on the adoption of the Constitution, amendments and additions to it; ";
in clauses 16 and 17 the words “Mejlis of Turkmenistan” and “Mejlis of Turkmenistan” shall be replaced by the words “Khalk Maslakhaty” and “Mejlis”, respectively;
4) in Article 73, the words “a deputy of the Mejlis” shall be replaced by the words “a member or deputy of the Milli Gengesh of Turkmenistan”;
5) Article 75 shall be stated in the following edition:
“Article 75. The President of Turkmenistan may be early dismissed from office if he is unable to fulfill his duties due to illness. The Khalk Maslakhaty and the Mejlis, on the basis of the conclusion of the independent medical commission created by them, make a decision on the early release of the President of Turkmenistan from office. Such a decision is adopted by a majority of at least two-thirds of votes of the total number of members of the Khalk Maslakhaty and by a majority of at least two-thirds of votes of the total number of deputies of the Mejlis.
In case of violation by the President of Turkmenistan of the Constitution and laws, the Milli Gengesh of Turkmenistan may express no confidence in the President of Turkmenistan. The issue of expressing no confidence in the President of Turkmenistan may be considered at the request of at least two-thirds of the total number of members and deputies of the Milli Gengesh of Turkmenistan. The decision to express no confidence in the President of Turkmenistan is taken by a majority of at least three quarters of the total number of members of the Khalk Maslakhaty and by a majority of at least three quarters of the votes of the total number of deputies of the Mejlis.
The issue of removing the President of Turkmenistan from office is submitted to a nationwide referendum. ”;
6) in Article 76:
in part one, the word "Mejlis" shall be replaced by the words "Khalk Maslakhaty";
in the second part, the words "Mejlis of Turkmenistan" shall be replaced by the words "Khalk Maslakhaty";
7) the title of Chapter III shall be stated as follows:
“Chapter III. Milli Gengesh of Turkmenistan ";
8) Articles 77-80 shall be stated in the following edition:
“Article 77. Milli Gengesh of Turkmenistan (Parliament) is the representative body exercising legislative power. Milli Gengesh of Turkmenistan consists of two chambers - Khalk Maslakhaty and Mejlis.
Article 78. The Khalk Maslakhaty includes eight representatives from each velayat and the city of Ashgabat, who are elected by secret ballot at meetings of the Khalk Maslakhaty of the velayats, the city of Ashgabat. The procedure for their election is determined by law. Eight members of the Khalk Maslakhaty are appointed by the President of Turkmenistan. A citizen of Turkmenistan who has reached the age of 30, has a higher education and has permanently resided in Turkmenistan for the previous ten years may be elected and appointed to the Khalk Maslakhaty. Every ex-president of Turkmenistan is a member of the Khalk Maslakhaty, if he does not refuse to use this right.
The Mejlis consists of 125 deputies, they are elected in constituencies with approximately equal numbers of voters. A citizen of Turkmenistan who has reached the age of 25 and has permanently resided in Turkmenistan for the previous ten years can be elected a deputy of the Mejlis.
The term of office of members and deputies of the Milli Gengesh of Turkmenistan is five years.
One and the same person cannot simultaneously be a member and deputy of two chambers of the Milli Gengesh of Turkmenistan.
Article 79. The chambers of the Milli Gengesh of Turkmenistan may be early dissolved in the following cases:
1) on the basis of a decision of a popular referendum;
2) on the basis of a resolution adopted by a majority of at least two-thirds of the votes of the total number of its members and deputies (self-dissolution);
3) the President of Turkmenistan in case of failure to form the leadership of the chambers of the Milli Gengesh of Turkmenistan within six months.
Article 80. Khalk Maslakhaty elects from among its members the Chairman of the Khalk Maslakhaty, his deputy, forms committees and commissions.
The Mejlis elects from among its members the Chairman of the Mejlis, his deputy, forms committees and commissions.
The members of the Khalk Maslakhaty and the deputies of the Mejlis of the previous convocation retain their powers until the opening of the first sessions of the Khalk Maslakhaty and the Mejlis of the new convocation.
The chambers of the Milli Gengesh of Turkmenistan adopt their own regulations and resolve issues of the internal order of their activities. ";
9) after Article 80 add the following articles:
“Article 801. Sessions of the Khalk Maslakhaty and the Mejlis are held separately.
Sessions of the Khalk Maslakhaty and the Mejlis are open. In cases stipulated by their regulations, closed sessions may also be held.
The chambers can also hold joint sessions to hear messages from the President of Turkmenistan, speeches by the leaders of foreign states and consider other issues.
At the initiative of the President of Turkmenistan, joint sessions of the chambers may be held with the participation of representatives of the public to discuss the most significant issues of state and public life.
Article 802. Khalk Maslakhaty:
1) approves or rejects the Constitution, constitutional laws and other laws adopted by the Mejlis;
2) consider the law of Turkmenistan adopted by the Mejlis on the issues of the State budget of Turkmenistan;
3) decides on the conduct of national referendums;
4) appoints elections for members of the Khalk Maslakhaty;
5) considers, upon the proposal of the President of Turkmenistan, issues on the appointment and dismissal of the Chairman of the Supreme Court of Turkmenistan, the Prosecutor General of Turkmenistan, the Minister of Internal Affairs of Turkmenistan, and the Minister of Adalat of Turkmenistan;
6) awards the President of Turkmenistan with state awards, assigns him military ranks and other state titles;
7) resolve the issue of changing the State Border of Turkmenistan;
8) considers issues of peace and security;
9) resolve other issues referred by the Constitution and laws to the competence of the Khalk Maslakhaty. ";
10) Articles 81-83 shall be stated in the following edition:
"Article 81. Mejlis:
1) consider and adopt the draft Constitution, constitutional laws and other laws submitted to the Milli Gengesh of Turkmenistan, exercise control over the implementation of the adopted laws and their interpretation;
2) consider the issue of approving the program of activities of the Cabinet of Ministers;
3) considers issues on approval of the State budget of Turkmenistan and a 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) appoints elections for the President of Turkmenistan, deputies of the Mejlis, members of the velayat, etrap and city khalk maslakhaty and gengesh;
6) upon the proposal of the President of Turkmenistan, elects the Commissioner for Human Rights in Turkmenistan;
7) institutes state awards;
8) ratifies and denounces international treaties;
9) decides the issue of changing the administrative-territorial division of Turkmenistan;
10) determines the compliance with the Constitution of regulatory legal acts of state authorities;
11) decides other issues attributed by the Constitution and laws to the competence of the Mejlis.
Article 82. Milli Gengesh of Turkmenistan may delegate the right to issue laws on certain issues to the President of Turkmenistan with the mandatory subsequent consideration of the issue of their approval by the Milli Gengesh of Turkmenistan.
Milli Gengesh of Turkmenistan cannot transfer 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, members of the Khalk Maslakhaty, deputies of the Mejlis, the Cabinet of Ministers of Turkmenistan and the Supreme Court of Turkmenistan. ”;
11) after Article 83 add the following article:
“Article 831. The laws of Turkmenistan are adopted by the Mejlis.
The laws of Turkmenistan are adopted by a majority vote of the total number of deputies of the Mejlis.
The laws of Turkmenistan adopted by the Mejlis are submitted for consideration to the Khalk Maslakhaty.
The law of Turkmenistan is considered approved if more than half of the members of the Khalk Maslakhaty voted for it. The law adopted by the Mejlis and approved by the Khalk Maslakhaty is submitted to the President for signature. In case of rejection of the law of Turkmenistan Khalk Maslakhaty by the chambers, a conciliation commission may be established, after which the law is subject to reconsideration by the Mejlis. In case of disagreement of the Mejlis with the decision of the Khalk Maslakhaty, the law shall be considered adopted if, during the repeated voting in the previous version, at least two thirds of the total number of the Mejlis deputies voted for it. ";
12) Articles 84-90 shall be stated as follows:
“Article 84. A member of the Khalk Maslakhaty and a deputy of the Mejlis have the right to make inquiries, as well as oral and written questions to the Cabinet of Ministers, ministers, heads of other state bodies.
Article 85. The state guarantees members of the Khalk Maslakhaty and deputies of the Mejlis the creation of all conditions for the smooth and effective exercise of their powers, protection of their rights and freedoms, life, honor and dignity, as well as personal inviolability.
Article 86. A member of the Khalk Maslakhaty may be deprived of the powers of a member and a deputy of the Mejlis — only by the relevant chamber. A decision on this issue is taken by a majority of at least two-thirds of the total number of members and deputies of the relevant chamber.
The powers of the appointed members of the Khalk Maslakhaty may be terminated ahead of schedule by the decision of the President of Turkmenistan.
Members of the Khalk Maslakhaty and deputies of the Mejlis cannot be brought to administrative and criminal liability, arrested or otherwise restricted in freedom without the consent of the relevant chamber.
Article 87. A member of the Khalk Maslakhaty and a deputy of the Mejlis cannot simultaneously hold the office of a member of the Cabinet of Ministers, khyakim, archyn, judge, or prosecutor.
Article 88. The Chairman of the Khalk Maslakhaty and the Chairman of the Mejlis are elected by secret ballot. They are accountable to the relevant chamber and can be dismissed by a decision adopted by a majority of at least two-thirds of the votes of the total number of members of the Khalk Maslakhaty and deputies of the Mejlis.
The Deputy Chairman of the Khalk Maslakhaty and the Deputy Chairman of the Mejlis are elected by an open vote, perform its individual functions on behalf of the Chairman of the relevant chamber, act as Chairman of the Khalk Maslakhaty and Chairman of the Mejlis in the event of their absence or the impossibility of exercising their powers.
Article 89. The Presidium of the Khalk Maslakhaty and the Presidium of the Mejlis shall organize the activities of the chambers.
The Presidium includes the Chairman of the Chamber, his deputy, chairmen of committees and commissions.
Article 90. The order of activity of the Khalk Maslakhaty, the Mejlis, their Presidiums, committees and commissions, members and deputies, their functions and powers are determined by law. ”;
13) in paragraph 1 of Article 94, Articles 113 and 129, the word “Mejlis” shall be replaced by the words “Chambers of the Milli Gengesh”;
14) in Articles 110 and 119, the words “Khalk maslahaty” and “khalk maslahaty” shall be replaced, respectively, with the words “Velayat, etrap and city khalk maslakhaty”, “velayat, etrap and city khalk maslahaty” and “velayat, etrap and city khalk maslahaty”;
15) Article 120 shall be stated in the following edition:
"Article 120. Requirements for candidates for members of the Khalk Maslakhaty, for deputies of the Mejlis, for members of the velayat, etrap and city khalk maslakhaty and Gengeshes are determined by the laws of Turkmenistan.";
16) in article 125, the words “Mejlis of Turkmenistan” and “deputies of the Mejlis of Turkmenistan” shall be replaced by the words “Khalk Maslakhaty” and “members of the Khalk Maslakhaty”, respectively;
17) in Article 142, the words “deputies of the Mejlis of Turkmenistan” shall be replaced by the words “members of the Khalk Maslakhaty and at least two thirds of the total number of deputies of the Mejlis”.
II. This Constitutional Law comes into force on January 1, 2021.
III. The Khalk Maslakhaty of Turkmenistan shall cease its activity from the day this Constitutional Law enters into force.
IV. The resolutions of the Khalk Maslakhaty of Turkmenistan are valid insofar as they do not contradict the Constitution and laws of Turkmenistan.
V. The right to amend and invalidate acts adopted by the Khalk Maslakhaty of Turkmenistan shall be attributed to the competence of the President of Turkmenistan and the chambers of the Milli Gengesh of Turkmenistan.
Vi. The first election of members of the Khalk Maslakhaty Milli Gengesh of Turkmenistan is appointed by the President of Turkmenistan.
Vii. The powers of the deputies of the Mejlis of Turkmenistan of the sixth convocation shall be retained for the periods established by laws until the election of deputies of the Mejlis of the Milli Gengesh of Turkmenistan.
President of Turkmenistan
Gurbanguly BERDYMUHAMEDOV
mountains. Ashgabat
September 25, 2020
No. 297-VI.
* Translation from the state language of Turkmenistan