Constitution of Turkmenistan

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Constitution of the Republic of Turkmenistan
Cover of the Constitution of Turkmenistan.svg
Official version of the Constitution of Turkmenistan
Assembly of Turkmenistan
Territorial extent Turkmenistan
Enacted18 May 1992
Signed byCitizens of Turkmenistan
Status: In force

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 ).

Contents

The 1992 constitution was amended in 1995, 1999, 2003 [1] and 2006. [2] 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. [3] A new constitution was adopted on 14 September, 2016. State Flag and Constitution Day is celebrated on 18 May.

Constitution of the Turkmen SSR

Constitution of the Turkmen SSR, 1929 Cover of the 1926 Constitution of the Turkmen SSR, 1929.jpg
Constitution of the Turkmen SSR, 1929

There were three Constitutions of the Turkmen Soviet Socialist Republic, enacted in 1927, 1937, and 1978. The last was superseded by the modern Constitution of Turkmenistan, which came into force in 1992. It has since been amended in 2008 and 2016. [4]

Overview

Section 1

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 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 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 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

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 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 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 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. [5] 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

Section 3 describes 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 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 the power of law in Turkmenistan (Article 54).

Related Research Articles

<span class="mw-page-title-main">Politics of Turkmenistan</span> Political system of Turkmenistan

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<span class="mw-page-title-main">Ashgabat</span> Capital of Turkmenistan

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<span class="mw-page-title-main">Turkmenistan</span> Country in Central Asia

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<span class="mw-page-title-main">Ahal Region</span> Region of Turkmenistan

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<span class="mw-page-title-main">Regions of Turkmenistan</span> Regions of Turkmenistan

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<span class="mw-page-title-main">President of Turkmenistan</span> Head of state and head of government of Turkmenistan

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<span class="mw-page-title-main">People's Council of Turkmenistan</span> Upper chamber of Turkmenistan

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<span class="mw-page-title-main">Assembly of Turkmenistan</span> Lower house of parliament of Turkmenistan

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<span class="mw-page-title-main">Gurbanguly Berdimuhamedow</span> 2nd president of Turkmenistan

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<span class="mw-page-title-main">Districts of Turkmenistan</span> Districts of Turkmenistan

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<span class="mw-page-title-main">Outline of Turkmenistan</span> Overview of and topical guide to Turkmenistan

The following outline is provided as an overview of and topical guide to Turkmenistan:

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Baherden District is a district of Ahal Province, Turkmenistan. From 2003 to 2018 it was named Baharly ("spring-like") District.

<span class="mw-page-title-main">Index of Turkmenistan-related articles</span>

The list of Turkmenistan-related articles is below

Turkmen National Conservatory is a music conservatory in Ashgabat, Turkmenistan. Based on the decree № 1403 of the President of Turkmenistan from June 2, 1993, Ashgabat State Conservatory was transformed into Turkmen National Conservatory (TNC). Now TNC is one of the leading institutions of higher education in the country. Turkmen National Conservatory is under the direct patronage of the Ministry of Culture and Broadcasting of Turkmenistan.

<span class="mw-page-title-main">Turkmen Internal Troops</span> Service branch of the Armed Forces of Turkmenistan

The Internal Troops of Turkmenistan is a service branch of the Armed Forces of Turkmenistan under the auspices of the Ministry of Internal Affairs. It is one of three types of paramilitary forces in the country, with the other two being the Turkmen National Guard and the Turkmen Border Troops. It is designed to maintain law and order and enforce the status quo in terms of state sovereignty. It aides the Turkmen National Police in everyday activities, similarly to the Military Police Corps in the United States Army. In an operational view, the internal troops are organized similarly to the Turkmen Ground Forces, both consisting of sub-units. The Internal Troops consists of between 20,000 and 25,000 personnel.

<span class="mw-page-title-main">Supreme Court of Turkmenistan</span> Constitutional institution in Turkmenistan

The Supreme Court of Turkmenistan is a constitutional institution in Turkmenistan. It is one of three Turkmen institutions to exercise governmental power and is the highest ranking court in the country. Established in 1992 after the adoption of the Constitution of Turkmenistan, the Supreme Court currently consists of 22 judges who are appointed by the President of Turkmenistan for a 5-year term. It is the successor to the Supreme Court of the Turkmen SSR. The associate judges are divided into three different chambers, each specifically focusing on civil, criminal, and military law. The Supreme Court is affiliated to different regional munincipal, provincial courts, district and city courts, as well as the Supreme Economic Court.

<span class="mw-page-title-main">2021 Turkmen People's Council election</span> Peoples Council election in Turkmenistan

People's Council elections were held in Turkmenistan on 28 March 2021 to elect 48 of the 56 members of the People's Council or Halk Maslahaty. Another eight were appointed by the president on 14 April 2021.

<span class="mw-page-title-main">2022 Turkmenistan presidential election</span> Presidential election held in Turkmenistan

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References

  1. "ОПУБЛИКОВАНА КОНСТИТУЦИЯ ТУРКМЕНИСТАНА С УЧЕТОМ ВНЕСЕННЫХ В НЕЕ ИЗМЕНЕНИЙ И ДОПОЛНЕНИЙ". Turkmenistan.ru. Retrieved 23 February 2019.
  2. "КОНСТИТУЦИОННЫЙ ЗАКОН ТУРКМЕНИСТАНА". Turkmenistan.ru. Retrieved 23 February 2019.
  3. "World Bulletin [ Turkmenistan adopts investor-friendly constitution ]". Archived from the original on 2008-10-07. Retrieved 2008-09-26.
  4. Johnson, Constance (20 September 2016). "Turkmenistan: Amended Constitution Lengthens Terms of Presidents - Global Legal Monitor". Loc.gov. Retrieved 23 February 2019.
  5. Abolition of capital punishment Archived 2016-11-26 at the Wayback Machine , Presidential Decree 3003, 28 December 1999 (in Russian)