General ProvisionsARTICLE 48.
Supreme state power and administration in Turkmenistan are vested in the President of Turkmenistan, the Mejlis, the Cabinet of Ministers, and the Supreme Court.
Article 49. Local power in velayats, cities equivalent to velayats, etraps and cities equivalent to etraps is vested in local representative and executive bodies; in cities in etraps, settlements and gengeshliks with bodies of local self-governance.
PRESIDENT OF TURKMENISTANArticle 50.
The President of Turkmenistan is the head of state and executive government, the supreme official of Turkmenistan who acts as the guarantor of Turkmenistan’s state independence, neutrality status and territorial integrity, and of observance of the Constitution and international obligations.ARTICLE 51.
A citizen of Turkmenistan born in Turkmenistan, no younger than 40 years and no older than 70, who speaks the state language, has been permanently residing in the territory of Turkmenistan for the last 15 years, is serving in state bodies, public associations, enterprises, agencies and organizations can be elected as the President of Turkmenistan.ARTICLE 52.
The President of Turkmenistan is elected directly by the people of Turkmenistan for a term of five years and takes office right after he is sworn in.
The law establishes the procedure of electing the President of Turkmenistan and of his taking office.ARTICLE 53.
The President of Turkmenistan:
1) enforces the Constitution and other laws;
2) guides external policy, represents Turkmenistan in relations with other states, appoints and recalls ambassadors and other diplomatic representatives of Turkmenistan in foreign states and at inter-state and international organizations, receives instruments of verification and instruments of recall from diplomatic representatives of foreign states;
3) is Supreme Commander of Turkmenistan’s Armed Forces, orders wholesale or partial mobilization, the use of the Armed Forces, and putting them on combat alert, appoints senior commanders of the Armed Forces;
4) forms and heads the State Security Council of Turkmenistan which status is defined in the law; (5) approves programs and major guidelines for the country’s political, economic and social development;
5) approves programmes and policies on political, economic and social development of the country;
6) submits a state budget and a budget implementation report to the Mejlis for review and approval;
7) signs laws, has the right of delaying veto to return a law with his objections within two weeks to the Mejlis for a re-examination and re-voting. If a two-thirds majority of the Mejlis reaffirms its earlier decision, the President of Turkmenistan signs the law.
The President of Turkmenistan does not have the right of delaying veto regarding laws that propose amendments and supplements to the Constitution;
8) establishes the Central Election and Referendum Commission in Turkmenistan, and changes its composition;
9) appoints a referendum date and has the right to convene an early session of the Mejlis;
10) decides to grant and withdraw Turkmenistan citizenship, and confer asylum;
11) presents orders and other awards of Turkmenistan, awards honorary, military and other special titles and distinctions of the state;
12) appoints and dismisses the Chairperson of the Supreme Court, the General Prosecutor, the Minister of Internal Affairs, and the Minister of Justice, subject to the Mejlis consent;
13) grants pardons and amnesties;
14) imposes a state of emergency throughout or in parts of Turkmenistan in the interests of ensuring the safety of citizens. The emergency regime is regulated by the appropriate law of Turkmenistan;
15) deals with other issues that are placed within his competence by the Constitution and the laws.ARTICLE 54.
The President of Turkmenistan issues decrees, ordinances and orders, which are binding throughout Turkmenistan.ARTICLE 55.
The President of Turkmenistan may not be a deputy of the Mejlis.ARTICLE 56.
The President of Turkmenistan enjoys the right of inviolability. His honor and dignity are protected by the law.
The President of Turkmenistan and his family are provided for, served and protected at the public expense.ARTICLE 57.
The President of Turkmenistan may be relieved of office ahead of time if he is unable to fulfill his duties owing to ill health. The Mejlis decides to relieve the President of office ahead of time based on the findings of an independent medical commission it creates, but such decision is to be approved by at least two-thirds of the established number of the Mejlis vote.
A decision relating to lack of confidence in the President of Turkmenistan is approved by at least three-fourths of the votes of the established number of deputies of the Mejlis. The issue of dismissal of the President of Turkmenistan is put for national referendum.ARTICLE 58.
The President may not transfer his authority to other bodies or officials, except for the powers envisaged in Article 53 (2) and (13) which may be passed to the Chairperson of the Mejlis.
If for whatever reason the President is unable to exercise his duties, one of deputies Chairman of the Cabinet of Ministers is appointed as an Acting President by a decision of the State Security Council for the period up to the election of a new President. In this case, the Presidential election must be held within 60 days from the day of the transfer of the President’s powers to the Acting President of Turkmenistan.
he Acting President of Turkmenistan may not run for the office of the President
MEJLIS OF TURKMENISTANARTICLE 59.
The Mejlis (Parliament) is the highest representative body vested with legislative powerARTICLE 60.
The Mejlis consists of 125 deputies who are elected by area constituencies with approximately the same number of voters for a term of five years.ARTICLE 61.
The Mejlis may be dissolved ahead of time:
1) by a referendum decision;
2) by a Mejlis decision adopted by a majority of at least two-thirds of the deputies (self-dissolution);
3) by the President of Turkmenistan if the Mejlis fails to appoint its management within six months.ARTICLE 62.
The Mejlis independently establishes the correctness of the deputies’ powers, elects the Chairperson of the Mejlis and his Deputy from among the deputies, and sets up committees and commissions. The deputies of the Mejlis of previous convocation preserve their powers up to the opening of the first session of the Mejlis of new convocation.ARTICLE 63.
1) adopts laws, amends, supplements, interprets and control execution of the Constitution of Turkmenistan and laws
2) reviews the issue of whether to approve the Cabinet of Ministers' program of action;
3) reviews the issues of whether to approve the State Budget of Turkmenistan and the Budget implementation report;
4) programs and major guidelines for the country’s political, economic and social development;
5) decides on whether to conduct national referenda;
6) calls for elections of the President of Turkmenistan, the deputies of the Mejlis, members of velayat, etrap, city representative bodies and the Gengeshes;
7) reviews proposals from the President of Turkmenistan to appoint and dismiss the Chairman of the Supreme Court, the General Prosecutor, the Minister of Internal Affairs, and the Minister of Justice;
8) establishes state awards and present state awards to the President of Turkmenistan and confers on him honorary titles, military ranks and distinctions;
9) determines the constitutionality of normative legal acts approved by bodies of state authority and government;
10) ratifies and denounces international treaties;
11) decides on changing the State Border of Turkmenistan and administrative and territorial division of Turkmenistan;
12) reviews peace and security issues;
13) deal with other issues placed within the Mejlis authority by the Constitution and the laws.”ARTICLE 64.
The Mejlis may transfer the right of law-making on certain issues to the President of Turkmenistan and must subsequently review such laws in order to approve them. The Mejlis may not transfer its law-making rights relating to:
1) amendment of the Constitution;
2) criminal and administrative legislation;
3) judicial proceedingsARTICLE 65.
The right to propose legislation is vested in the President of Turkmenistan, the Mejlis' deputies, the Cabinet of Ministers, and the Supreme Court.ARTICLE 66.
The Mejlis' deputies have the right to submit information requests and address oral and written questions to the Cabinet of Minister, ministers, and heads of other bodies of the state.Article 67.
The State guarantees to and provides each deputy with conditions for carrying out his duties in an unhindered and effective manner, protects his rights and freedoms, life, honour, dignity and personal immunity.ARTICLE 68.
A deputy may be deprived of his powers as a deputy solely by the Mejlis. Such decision is taken by a majority of at least two-thirds of the votes of the Mejlis' deputies.
A deputy may not be subject to criminal proceedings, arrested or otherwise deprived of his freedom without the consent of the Mejlis.ARTICLE 69.
A deputy may not simultaneously serve as a member of the Cabinet of Ministers, the hyakim, an archyn or judge, or a prosecutor.ARTICLE 70.
The Chairman of the Mejlis is elected by a secrete vote. He reports to the Mejlis and may be dismissed by a decision of the Mejlis adopted by at least two-thirds of the votes of its deputies.
The Deputy Chairman of the Mejlis is elected by an open vote and at the Chairman’s request performs some of his functions, substitutes for the Chairman in his absence or inability to exercise his authority.ARTICLE 71.
The law establishes the procedure for the activities of the Mejlis, its committees, commissions and deputies, and their functions and powers.
CABINET OF MINISTERS OF TURKMENISTANARTICLE 72.
The Cabinet of Ministers is an executive and managerial body. The Cabinet of Ministers is headed by the President of Turkmenistan.ARTICLE 73.
The Cabinet of Ministers includes Deputy Chairmen of the Cabinet of Ministers and ministers. The President of Turkmenistan may appoint other officials who are the heads of central executive bodies of government to the Cabinet of Ministers.
The Cabinet of Ministers is formed by the President within one month after taking office and is dissolved before a newly elected President takes office.ARTICLE 74.
Cabinet of Ministers meetings are chaired by the President or at his request by one of the Deputy Chairmen of the Cabinet of Ministers.
The Cabinet of Ministers, within its competence, adopts decisions and issues ordinances, which are binding.ARTICLE 75.
The Cabinet of Ministers:
1) organizes the enforcement of the laws of Turkmenistan, the acts of the President of Turkmenistan and the Mejlis;
2) implements measures to secure and protect citizens’ rights and freedoms, and to safeguard property and public order, and national security;
3) develops proposals on key areas of internal and external policies of the state, Mejlis for review;
4) ensures state management of economic and social development, organizes management of state enterprises, organizations and institutions, and secures rational use and protection of natural resources;
5) takes measures to strengthen the monetary and credit system;
6) forms committees, head offices and other agencies under the Cabinet of Ministers, if necessary;
7) implements external economic activities and ensures the development of cultural ties with foreign states;
8) manages the activities of government institutions, state enterprises and organizations, and may repeal the decisions of ministers and other agencies and local executive bodies;
9) performs other duties that are placed within its competence by the Constitution, laws and other regulations.ARTICLE 76.
The law defines the authority of the Cabinet of Ministers, its operating procedure and its relationships with other state bodies.
LOCAL EXECUTIVE GOVERNMENTARTICLE 77.
Local power is vested in representative and executive bodies which shall function within the scope of their competencies.Article 78.
Halk maslahatys (representative bodies) are created in velayat, in velayat, city equivalent to velayat, etrap and city equivalent to etrap. Their members are elected by citizens from respective administrative-territorial units for the term of four years in accordance with procedure established by the law.Article 79.
Within the scope of their competencies halk maslahatys participate in deciding on the issues of economic, social and cultural development of respective territories. The law defines functions and powers of halk maslahatys and their members, their operating procedure and relationships with other bodies of state authority and government.Article 80.
Executive power is locally exercised in velayats by the hyakims of velayats, in cities by the hyakims of cities, in etraps by the hyakims of etraps.Article 81.
Hyakims are local representatives of the President of Turkmenistan, who are appointed and relieved from office by the President of Turkmenistan and are accountable to him.ARTICLE 82.
The hyakims guide the local bodies of government, ensure enforcement of the Constitution and other laws of Turkmenistan, and the legal acts of the President of Turkmenistan and the Cabinet of Ministers and the resolutions of the Mejlis. Within their powers, the hyakims issue decisions that are binding in their jurisdictions.ARTICLE 83.
The law defines the amount of functions and powers vested in the hyakims, and the procedure of their activities and relationships with other bodies of authority and government.