FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM

Premeble

We, the people of Turkmenistan, based on our inalienable right to shape our destiny;

assuming the responsibility for the present and future of the Fatherland;

expressing our loyalty to the behests of our forefathers to live in unity, peace and agreement;

aspiring to protect our national values and interests, strengthen the great independence, sovereignty and permanent neutrality Turkmenistan;

guaranteeing the rights and liberties of every man and citizen, and striving to secure civil peace and national accord, and assert the foundations of democracy and a democratic, secular and rule-of-law state,

Are approving the Constitution, the Fundamental Law of Turkmenistan, as follows.

ARTICLE 1. Turkmenistan is a democratic, rule-of-law and secular state in which government is organized in the form of a presidential republic.

Turkmenistan has a supremacy and fullness of authority in its territory, and independently implements internal and external policies. Turkmenistan’s state sovereignty and territory are single and indivisible.

The state protects the independence and territorial integrity of Turkmenistan and its constitutional system, and ensures legality and rule of law.

Turkmenistan has a legal status of permanent neutrality. The United Nations Organization, in the General Assembly Resolution The Permanent Neutrality of Turkmenistan of 12 Bitaraplyk (December) 1995: “
1. recognizes and supports Turkmenistan’s declared status of permanent neutrality;
2. calls on the member states of the United Nations Organization to respect and support this status of Turkmenistan and also respect its independence, sovereignty and territorial integrity.”

Turkmenistan’s permanent neutrality recognized by the international community is the basis of its internal and external policies.

ARTICLE 2. The people are the carrier of sovereignty and the only source of state authority in Turkmenistan. The people of Turkmenistan exercise their authority directly or through representative bodies.

No part of the people, or organization, or individuals may forcibly take power in the state.

ARTCLE 3. The highest value of society and state in Turkmenistan is the human being.

The state is responsible to each citizen and secures conditions for the free development of a personality, and protects life, honor, dignity and freedom, personal inviolability, and a citizen’s natural and inalienable rights. The citizen, too, is responsible to the state for exercising the duties vested in him by the Constitution and other laws.

ARTICLE 4. The state power is based on the separation of power principle and split between legislative, executive and judiciary branches of government, which are independent and balance each other

ARTICLE 5. The state and all its bodies and officials are bound by the law and constitutional system.

The Constitution of Turkmenistan is the supreme Law of the State, and the standards and provisions it enshrines have direct action. The laws and other legal acts that contradict the Constitution are legally invalid.

The normative legal acts of bodies of state power and government and local self-governance are published for general public knowledge and promulgated otherwise, except for laws that contain state secrets and other information that is protected by the law. Normative legal acts relating to the rights and liberties of citizens that have not been made general public knowledge are invalid from the date of their adoption

ARTICLE 6. Turkmenistan as a full-fledged subject of the international community, its foreign policy subscribes to the principles of permanent neutrality, non-intervention in other countries’ internal affairs, repudiation of the use of force or participation in military blocs and alliances, and promotion of peaceful, amicable and mutually advantageous relations with other countries of the region and countries of the whole world. Turkmenistan recognizes the precedence of generally recognized norms of international law. If an international treaty of Turkmenistan establishes other rules than those stipulated in the legislation of Turkmenistan, the rules of international treaty shall apply.

ARTICLE 7. Turkmenistan has a citizenship. Citizenship is acquired, retained and forfeited in accordance with the law.

A citizen of Turkmenistan is not recognized as holding the citizenship of another state.

Nobody may be deprived of one’s citizenship and the right to change one’s citizenship. A citizen of Turkmenistan may not be handed to another state or banished outside Turkmenistan, or restrained in his right to return to the Homeland.

Citizens of Turkmenistan are guaranteed the protection and patronage of the state both within Turkmenistan and outside it.

ARTICLE 8. Foreign citizens and stateless persons enjoy the rights and liberties of citizens of Turkmenistan and carry out duties in accordance with the law and international treaties of Turkmenistan.

Turkmenistan grants asylum to foreign citizens and stateless persons in accordance with generally recognized norms of international law and the procedures established by the law.

ARTICLE 9. Ownership is inviolable. Turkmenistan upholds the right of private ownership to means of production, land, and other material and intellectual values. These may also be owned by associations of citizens and by the state. The law establishes entities that are in exclusive ownership of the state. The state guarantees equal protection and equal conditions for the development of all types and forms of ownership.

No property may be confiscated, except for property acquired in a manner that is prohibited by the law.

Forced alienation of property for charge is allowed only in cases envisaged by the law.

ARTICLE 10. Turkmenistan’s economy is based on the principles of market relationships. The State encourages and supports entrepreneurship and promotes small and medium businesses

ARTICLE 11. The state guarantees freedom of religions and confessions and their equality before the law. Religious organizations are separated from the state and may not interfere with affairs of state or perform functions of state. The state system of education is separated from religious organizations and is of a secular nature.

Everybody has the right to independently determine his attitude to religion, singly or jointly with others profess any religion or none, express and diffuse beliefs related to one’s attitude to religion, and participate in the exercise of religious cults, rites and rituals.

ARTICLE 12. Turkmenistan has its Armed Forces in order to protect its state sovereignty and security.

ARTICLE 13. Turkmenistan has its Armed Forces to protect its state sovereignty and security.

ARTICLE 14. Turkmen is the state language of Turkmenistan. All citizens are guaranteed the right to use their native tongue.

ARTICLE 15. The symbols of Turkmenistan as a sovereign state are its State Flag, Symbol and Anthem.

The flag, symbol and anthem are established and protected by the law.

Article 16. Turkmenistan is divided into administrative-territorial units: velayats, cities equivalent to velayats, etraps, cities equivalent to etraps, cities in etraps, settlements, gengeshliks. The territory of one or several villages constitutes a gengeshlik.

Article 17. The capital of Turkmenistan is the city of Ashgabat.