nCa Report
Turkmenistan conducted on 25 September 2020 a session of the Peoples Council (Halk Maslahaty). The proceedings included the annual address of President Berdimuhamedov and the adoption of constitutional amendments to move Turkmenistan to bicameral system of parliament.
Because of the health security precautions the session was carried out in several locations linked together through the video link. The representatives from Balkan, Dashoguz, Lebap and Mary provinces gathered in the provincial Palaces of Rukhyet, the Akhal velayat – in the Ak öý building, and representatives of Ashgabat – in the capital’s Mekan Palace.
Representatives from different walks of life made speeches, generally supporting and endorsing the policies of the government.
The complete text of the speech of the president and constitutional reforms aimed at introducing the bicameral system of parliament in Turkmenistan are included in full in this report.
The bicameral system of parliament will come into effect on 1 January 2021. The elections for the first Halk Maslahaty as upper chamber of the parliament will take place on the last Sunday of March 2021.
The 56-member Halk Maslahaty will provide equal participation to all the provinces and the capital Ashgabat.
During the session the president signed a resolution, adding 15% bonus salary to the healthcare professionals working in the frontline facilities aimed at preventing the inroads of any viral infections into Turkmenistan for the duration of their work at such facilities.
For the healthcare professionals working at remote and hard to access rural facilities, 20% bonus will be added to their salaries. The healthcare professionals working at other rural facilities will get 10% additional salary during their period of stay at such facilities.
The Maslahat session adopted the speech of the president as the guideline for main directions for work in 2021.
Speech of President Berdimuhamedov at Halk Maslahaty session on 25 September 2020
[This is unofficial, slightly paraphrased translation of the text of the speech of President Berdimuhamedov]
Dear members of the Khalk Maslakhaty! Dear Elders, Dear meeting participants!
In a matter of days, we will widely and solemnly celebrate the main holiday that occupies a particularly important place in our national calendar – Independence Day. We especially honor Independence Day as the main one of our holidays and celebrations. And in the year the motto of which is “Turkmenistan is the home of Neutrality”, we solemnly celebrate this historic date with significant events and wonderful successes.
Over the years of independence, large-scale work has been carried out in our country to build a modern state with a steadily developing high-speed economy, establish a just civil society, and create favorable conditions for life. As a result of the successful implementation of the reforms in twenty-nine years, the state and social structure of the country has been radically improved.
Our powerful state has turned into a land of prosperity, a happy life, where creative work triumphs, people’s dreams come true. We have achieved the main goal of bringing the Motherland to the level of the industrially developed countries of the world with a perfect political system, a just and democratic society.
Using the natural resources and potential of our state, we have founded highly productive new industries and industrial production with an extensive transport and logistics infrastructure. Thanks to the work carried out, social and living conditions have been created for our citizens that meet international standards. These successes have been achieved as a result of the unity, hard work and high spirit of our people.
Dear meeting participants!
Turkmenistan, starting from the first days of embarking on the path of independent development, taking into account national and global interests in its international policy, declared itself a neutral state and strictly follows the principles of good-neighborliness, mutual respect, justice and equality, and Implements a foreign policy that meets the goals of global peace, security and prosperity.
Our neutral country has established diplomatic relations with 149 states so far. As a member of about 50 international organizations, Turkmenistan is also a party to over 150 international conventions, treaties and other multilateral documents.
We attach particular importance to strengthening interaction in various directions with such authoritative international organizations as the United Nations, the European Union, the Commonwealth of Independent States, the Organization for Security and Cooperation in Europe, the Non-Aligned Movement, the Islamic Cooperation Organization, the states of the Asian and Pacific regions, with countries of Middle East, Europe and America.
Turkmenistan makes a worthy contribution to the implementation of the Sustainable Development Goals of the United Nations. Our initiatives on water, energy and transport diplomacy, put forward at sessions of the General Assembly of this organization, international forums, increase the confidence of the world community in our independent state.
The adoption at the 73rd session of the United Nations General Assembly of the Resolution “2021 – International Year of Peace and Trust”, demonstrating to the whole world our efforts in the name of the triumph of peace and friendship, became a historic event that increased the authority of neutral Turkmenistan.
The election of our sovereign state as vice-chairman of the 75th session of the United Nations General Assembly in a year when a glorious holiday is widely and solemnly celebrated – the 25th anniversary of the permanent neutrality of our Motherland – is another vivid example of the growing authority of our country’s foreign policy, based on the principles of positive neutrality, peacefulness, good neighborliness and broad international cooperation.
Obtaining observer status in the World Trade Organization by our country will ensure the harmonious development of the national economy, strengthening our positions in foreign trade relations, building up multilateral cooperation, and attracting foreign investment.
This status will also go a long way in the development and successful implementation of a promising business and trading strategy. Relying on the legal status of permanent neutrality, our geopolitical and geoeconomic conditions, colossal resource and human potential, we have turned our independent, neutral Motherland into one of the industrially developed states of the world!
And therefore, in December of this year, we will widely celebrate a particularly important date – the holiday of the glorious 25th anniversary of the international recognition of Turkmenistan’s permanent neutrality.
Dear meeting participants!
In 2020, acute coronavirus disease has spread widely around the world. This infection has had a negative impact on the economies of all states. Despite the continuing difficult financial and economic conditions in the world, we have achieved sustainable development of the country’s economy and have been able to keep significant amounts of financial resources in reserve.
At the Khalk Maslakhaty held last year, we approved the Country Development Program for five years. In this regard, we must take all measures to implement this program in full in the current difficult conditions. We must ensure the flow of funds to the State budget, which is the main financial instrument, because a significant part of social investments is carried out at the expense of the State budget.
We direct more than 70 percent of the State budget funds to the social sphere. Huge financial resources are spent on transforming the social and living conditions of the population of villages, settlements in velayats, cities in etraps, and etrap centers. At the expense of the state budget, we will continue to build residential houses for the disabled and citizens in need of support in the velayats and the capital next year.
In accordance with the requirements of the time, banking services are also developing. In order to speed up settlements and turnover of funds in the banking sector, the range of electronic payments is expanding. In the future, thoroughly analyzing the financial and economic, banking and credit activities, we must thoughtfully continue economic transformations.
We must increase the volume of loans allocated for the development of industrial sectors of the economy, carry out work to stimulate small industries, increase the volume of credit and financial resources for the population, and improve the quality of banking services.
Measures should also be provided for the availability of interest on loans, for guaranteeing bank deposits. We constantly take care of the social security of our citizens. In this regard, wages, pensions, state benefits and student scholarships have been increased this year. In addition, we will direct most of the funds allocated from the state budget to education, healthcare, and the Pension Fund.
Dear meeting participants!
Turkmenistan is a powerful creator state. The scope of construction in the country clearly demonstrates that our independent Motherland is a powerful state developing in all directions. At present, about 2.5 thousand large projects with a total value of over 37 billion US dollars are being built in the country.
In accordance with the “Program of the President of Turkmenistan for the socio-economic development of the country for 2019-2025”, large-scale work is underway to develop the urban and rural environment, industrialization, and create a transport and logistics infrastructure.
The construction of an unprecedented new large residential complex in the city of Ashgabat, the administrative center of the Akhal velayat, on the territory of the Turkmen lake “Altyn Asyr”, in different parts of our Motherland, new modern villages and settlements continues at high pace.
Dear compatriots!
Only within the framework of the National Rural Program of the President of Turkmenistan, as of September 1 of this year, the country has disbursed capital investments in the amount of over 1 billion 765 million manat. During this period, two Health Houses, 216 kilometers of engineering networks and facilities, about 510 kilometers of communication systems, residential buildings with a total area of 792.3 thousand square meters were built and put into operation.
For eight months of this year, the volume of investments from all sources of financing aimed at developing the national economy amounted to 19.9 billion manat, or 22.4 percent in relation to the gross domestic product. In accordance with the Presidential Program, in 2021, the volume of investments from all sources of financing will amount to about 37 billion manat.
At the expense of capital investments, it is planned to build a gas chemical complex in Kiyanly, a phosphoric fertilizer production workshop at the Turkmenabat chemical plant, a gas turbine power plant in the Dashoguz velayat, and develop the second stage of the Galkynysh gas field. Projects are being successfully implemented to create international transport corridors – the high-speed highway Ashgabat-Turkmenabat, the Turkmenistan-Afghanistan-Pakistan-India gas pipeline, as well as other regional projects.
Dear meeting participants!
Here I want to focus on one more important issue. As you know, for the accelerated development of the construction industry, it is necessary, first of all, to develop an industry that provides equipment and means. And therefore, in recent years, we have made large investments in the creation of new industries in the country specializing in the production of glass products, various types of non-metallic building materials, dry adhesive mixtures and reinforced concrete structures. As a result, the volume of production of building materials increased several times.
An example is the construction of the second stage of cement plants in Bakharden and in Lebap velayat, which is currently being carried out by representatives of the private sector. The main tasks of the building complex in the future are, firstly, to increase the volume of domestic building materials and labor productivity; and secondly, to increase the competitiveness and quality of construction products, safety of works and services of the complex.
At the same time, an amendment should be made to the construction program for the coming year and an investment program should be prepared. Strengthening the base of the construction industry in the country is an important part of the industrial and innovative development strategy in our independent state.
As part of the diversification of the economy, state programs for the production of import-substituting products and an increase in the volume of exports of domestic goods, and the creation of an electronic industry are being successfully implemented. We can proudly say that Turkmenistan, which until recently was an agricultural country, now produces electronic equipment, including computers.
Dear meeting participants!
At present, along with the improvement of the administrative-territorial structure of the country, we are faced with such important tasks as erasing the differences between the city and the countryside.
The Mejlis of Turkmenistan, together with the khyakimliks [governorates] of the velayats, ministries and sectoral departments, should continue to carry out appropriate work to improve the administrative-territorial structure of the velayats, expand the scale of urbanization of settlements, as well as increase opportunities for stable integrated planning and management of settlements.
Dear meeting participants!
The effective development of the economy is strongly associated with the introduction of innovative technologies into production. Science and technology contribute to improving the quality and competitiveness of products, labor productivity, overall production efficiency, and improving working conditions.
In this direction, first of all, a lot of work is being done to improve the oil and gas complex, strengthen the production and resource potential of the industry, train highly qualified specialists, and organize research work in accordance with the requirements of the time.
In our country, which possesses large reserves of hydrocarbon raw materials, new production facilities are being created specializing in the field of oil and gas processing. Export routes for the withdrawal of Turkmen energy resources to world markets are expanding. Along with this, we must accelerate the construction of the Turkmenistan-Afghanistan-Pakistan-India gas pipeline, and a gas compressor unit in the Central Karakum with an annual capacity of 2 billion cubic meters of natural gas.
Dear meeting participants!
We systematically modernize the production base of the textile industry. We direct large investments to create high-tech enterprises. As a result, the supply of various goods to domestic and foreign markets is being established. These textile products are exported to dozens of countries around the world. With the commissioning of new textile complexes in the Kaakhka and Babadaykhan etraps in the near future, the production capacity of the industry will increase even more.
Dear meeting participants!
An important place in the successful implementation of the adopted programs for the industrial development of our independent state is given to the electric power industry. And, therefore, in the near future we will further increase the capacity of the energy industry.
We carry out comprehensive work on the uninterrupted supply of electricity to industrial and social facilities. Modern gas turbine power plants and distribution stations are being built in the regions of the country. The power supply systems of the city of Ashgabat, velayat centers, large cities and settlements are regularly updated.
We also envisage the possibility of using solar and wind energy. In accordance with the Concept for the development of the Turkmen Lake region “Altyn Asyr” for 2019-2025, modern villages and facilities under construction here will be provided with energy from solar and wind power plants. Inside the country, we will continue work on the creation of an energy ring and the construction of a power transmission line Turkmenistan-Afghanistan-Pakistan.
Dear meeting participants!
The logistics strategy we are implementing has its origins in ancient times. The territory of Turkmenistan, from time immemorial being an important part of the Great Silk Road, united peoples and continents. This was of great importance in the development of relations between East and West.
The favorable geographic location of our country opens up broad prospects for creating a rapidly developing competitive transport macrostructure. Currently, international multimodal logistics projects are being implemented by sea, road, rail, air and pipeline.
The agreements reached on transport corridors Uzbekistan-Turkmenistan-Iran-Oman and Afghanistan-Turkmenistan-Azerbaijan-Georgia-Turkey will contribute to the creation in the near future of opportunities for the development of interregional and intercontinental relations.
The current international gas pipeline Turkmenistan-China and the transnational under-construction gas pipeline Turkmenistan-Afghanistan-Pakistan-India will serve as integral link in pipeline logistics. In the development of motor transport logistics, modern autobahns already built and under construction in our independent state, including Ashgabat-Karakum-Dashoguz, Turkmenbashi-Ashgabat-Farab, are very significant. These roads will contribute to the effective use of the colossal economic potential of our country and other states of the region.
Dear meeting participants!
In our foreign economic strategy, we pay great attention to attracting foreign investment and developing trade relations. As you know, Turkmenistan has acquired observer status at the World Trade Organization. And this creates new opportunities for the development of our own production, increasing export volumes, as well as ensuring the sustainable development of market relations and reforms, will contribute to increasing the competitiveness of our country and the intensive growth of the national economy.
Dear participants of the Halk Maslakhaty!
And in agriculture in order to improve management, transformation, introduction of market relations, large-scale work is being carried out. As a result, in our sovereign state, which is the homeland of Ak Bugdai [white wheat], this year grain growers handed over to the Harman of the Motherland over 1 million 400 thousand tons of high-grade wheat. These excellent indicators are a worthy contribution of the country’s hardworking farmers in honor of the glorious holiday of the quarter-century anniversary of the neutrality of our independent Motherland.
In our sovereign Fatherland, a lot of work has also been and is being done to transform agriculture into a high-tech industry, open to innovative solutions and ideas that contribute to the creation of new markets.
To increase labor productivity in agriculture, to ensure sustainable development of the industry, first of all, the potential of digital systems should be effectively used. To increase the yield of agricultural crops, to carry out seed-breeding work at the proper level, it is necessary to continue the introduction of innovative technologies into production, transformations in the industry as a whole.
Domestic markets must be fully supplied with domestic products. For this, it is necessary to expand the cultivated areas of potatoes, vegetables and melons and other agricultural crops, and to increase the production of meat and dairy products. We must develop methods for restoring forests and pastures, studying and preserving the diversity of the animal world. In the context of climate change, it is necessary to intensify research work on the study and conservation of the biodiversity of the Caspian Sea.
Scientific research institutes of the country should create and regularly introduce into production high-yielding, early and disease-resistant new varieties of cotton, cereals and melons and gourds, fruit trees, and other crops. Their placement in accordance with the soil and climatic conditions of the velayats, the development of biotechnological methods for the protection of flora and fauna are also important works designed to give a new impetus to the development of our economy on an innovative basis.
In this regard, it will be advisable if the Union of Industrialists and Entrepreneurs, analyzing in a short time, regularly improving the program for the construction of small, medium and large enterprises for the production of import-substituting products, will carry out these works together with the Cabinet of Ministers. The implementation of this program is designed to help create new and maintain existing jobs.
We attach particular importance to activities based on combining scientific approaches and international efforts to reduce the negative impact of the Aral Sea problems not only on human health, but also on the environment, fauna, and crop cultivation.
Dear meeting participants!
The above is not all of our possibilities. Currently, one of the main issues of the complex environmental situation is associated with industrial and household waste. An important task in the country is waste disposal based on the best world experience, recycling and use as recyclable materials. In this regard, our entrepreneurs, working in concert with scientists, must make every effort to solve this problem.
Dear meeting participants!
Here I would like to dwell on another very important issue for all of us. In state policy, we attach great importance to the sustainable development of the country, successful integration into the global economic space, bringing the educational sphere to the international level, and, most importantly, raising a worthy young generation.
In this regard, modern secondary and higher educational institutions, kindergartens, health and entertainment centers have been built and are being built throughout the country. Work is being consistently carried out to provide educational institutions with modern textbooks and manuals, to introduce new technologies and educational and technical equipment that meets international standards.
In order to enrich the essence and content of education, to bring its quality in line with the world level, a digital educational system is being developed. The latest achievements of science and innovative teaching methods are widely introduced into the sphere of education.
As a result of cardinal transformations, harmoniously carried out in the scientific field, the new young generation is passionate about science and creativity.
Talented youth conducts fruitful work in the field of nanotechnology, scientific research of new resources, energy, biotechnology, molecular biology, agriculture, ecology and genetics, information and communication systems.
Significant projects are being implemented and scientific research is being carried out in such promising areas as computer technology, modern medicine and pharmaceuticals, innovative economics, humanities, and innovative developments. This opens up broad prospects for more effective work of education workers, upbringing and training of youth at the world level.
According to the President’s Program for the socio-economic development of the country for 2019-2025, I instruct higher educational institutions to identify specific areas for improving the training of young scientists, engineers, technologists and specialists and develop an appropriate Program.
At present, we must pay special attention to the adopted programs to transfer our economy to a digital system, because, this is not only a requirement of the time, but also opens up opportunities for integration into the modern world.
The transfer of services of state and local authorities to electronic format will allow developing relations with our partners, not to mention the advanced states of the world. It will create conditions for significant savings in public funds, directing them to the development of the country and the solution of social issues.
Dear meeting participants!
In order to transform our independent homeland into a comprehensively and harmoniously developing country, we have created a national health system with a solid foundation. Through the introduction of the achievements of medical science and technology, advanced world experience, we have brought the country’s healthcare sector to a modern level. Cooperation with developed countries of the world, large international organizations, also has a positive impact on the development of the national healthcare sector.
Guided by the main motto of our policy “The state is for the person!” we also worthily continue such traditions as the upbringing of a physically strong and spiritually rich generation, to which our people have traditionally attached special importance. As you well know, large sports and equestrian complexes, stadiums, sports schools that meet international standards are being built and commissioned at a high rate in the country.
Dear meeting participants!
Currently, the whole world is face to face with the acute coronavirus COVID-19. From the first days of the large-scale spread of the causative agent of this disease in our country, work was organized to regularly provide free basic medical supplies that help strengthen human immunity. A general clinical examination of the population is being carried out.
Other necessary measures are being taken to boost people’s immune systems. At the state level, the Preparedness Plan for Counteraction and Response to this acute infectious coronavirus disease was adopted. The Plan of operational socio-economic measures to counter the pandemic was also approved.
Dear meeting participants!
Stimulating health workers and effectively using their potential in the fight against this infection is one of the most important areas at present. With this in mind, today I will sign a decree providing for additional benefits for healthcare workers.
Dear compatriots!
In general, I also consider it necessary to prepare a new edition of the State Program “Health”. In this regard, I expect specific targeted proposals from the relevant managers and specialists.
Dear meeting participants!
As an important condition for the development of society, the establishment of interstate and international cultural and scientific ties, we attach special importance to the wide popularization of the historical experience of the millennial development of our people, its ancient traditions, spiritual and material values, and cultural heritage.
This year the Culture Week was successfully held in the Dashoguz velayat. The events held within its framework have increased our pride, becoming a celebration of our ancient heritage, artistic creativity and national culture. Next year we will hold the Week of Culture in Lebap velayat.
We should use our majestic mountains, unique steppes, beautiful rivers and lakes with care and efficiency. We must build leisure centers in the beautiful gorges of Kopetdag, Koytendag and Sumbar, in the vast Badkhyz reserve, on the banks of the Amu Darya, Murghab and Karakum rivers, create all conditions for travel and comfortable rest for people.
Dear meeting participants! Dear compatriots!
Last year, at a meeting of the Halk Maslakhaty of Turkmenistan, we launched important transformations to improve the legal status of the Halk Maslakhaty and in this regard to make amendments and additions to the Basic Law. Constitutional reforms carried out taking into account international experience and the successes achieved in society are a triumph of the democratic foundations of our country.
Parliament, as a special branch of state power, is an integral instrument for establishing people’s democracy in the political, economic and social life of the country. Because in the current conditions of rapid globalization of the world, the legislative bodies of our independent state, based on international experience, are also being improved and modernized.
The creation of a qualitatively new bicameral structure of the national Parliament will create favorable conditions for strengthening the legal basis for the further development of our independent country and increasing the efficiency of the activities of state authorities.
And therefore, these transformations aroused great interest in our society and found full support. In this regard, the Constitutional Commission for the preparation of the draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan” has done a great job.
Over the past period, four meetings of the Commission were held. In order to fully and comprehensively take into account public opinion, a nationwide discussion, the draft Constitutional Law was published in the media.
Numerous proposals and comments were received on the draft of this Law. At regular meetings of the Working Group, including offsite meetings held in the country’s velayats, these proposals were comprehensively analyzed. The draft Constitutional Law of Turkmenistan “On Amendments and Additions to the Constitution of Turkmenistan”, prepared on the basis of a detailed analysis of all the proposals received, was discussed at the fourth meeting of the Constitutional Commission held in August this year and a decision was made to propose its final draft for consideration by the Halk Maslakhaty.
Dear meeting participants!
In the draft Constitutional Law proposed for your consideration, the Halk Maslakhaty is included in the system of the highest state bodies performing the functions of the legislative branch. Therefore, it is proposed to exclude article 6 from the Basic Law and, in connection with the creation of a bicameral structure of the legislative representative body of state power, to name the national Parliament – Milli Gengesh of Turkmenistan, and its chambers – Halk Maslakhaty and Mejlis.
Also, the draft outlines the procedure for creating the Chambers of Parliament, holding meetings, adopting laws, the requirements for candidates for members of the Halk Maslakhaty and deputies of the Mejlis, as well as the norms defining their powers. These norms are essential for the coordinated activities of the two chambers. In accordance with the draft Constitutional Law, it is proposed to exclude Article 1 from the Basic Law [of Halk Maslahaty] and supplement it with Article 3, and to introduce appropriate amendments and additions to Article 27.
Dear meeting participants!
If at this meeting we approve the draft Constitutional Law, and the Mejlis of Turkmenistan, having adopted this law, enters into force on January 1 of next year, then, we believe, it will be expedient to hold elections of members of the Milli Gengesh of Turkmenistan in the first quarter of the next year by the velayat halk maslahaty.
Dear meeting participants!
We believe that the adoption of the Constitutional Law will be another significant step towards the further democratization of our country. I am firmly convinced that the Milli Gengesh of Turkmenistan will become a nationwide representative body that unites our people and guides them towards high goals!
Dear members of the Halk Maslakhaty! Dear Elders, Dear compatriots!
2020 is a particularly significant year for our independent state. In our country, which, following the course of intensive development and grandiose transformations, is entering a new technological era, we are moving in unity and solidarity along the path of victories and success, successfully implementing large-scale programs that ensure high social standards.
As a state that comprehensively supports the efforts of the international community in achieving peace, friendship, brotherhood and sustainable development, pursuing a forward-looking and purposeful foreign policy, we increase the authority of our independent, neutral Motherland.
The support of our domestic and foreign policy by our people, committed to the principles of patriotism, humanism, hard work, and their firm confidence in the strength and power of a sovereign state, labor enthusiasm give impetus to the implementation of new programs.
The ongoing large-scale activities clearly determine the future of our independent state. Our main goal is to ensure the continued prosperous and happy life of our people. In the name of these great goals, we will continue to further our social policy. We will systematically increase wages and pensions. We will take all measures to accelerate the development of our economy. And in the long term, our long-term and important strategic objectives, domestic policy and foreign policy will remain unchanged.
These tasks consist in a consistent and decisive striving to further increase the authority and prestige of our democratic, legal, secular state, and our creative and peace-loving united people throughout the world. And therefore, all leaders, every citizen of the country must understand that in many respects the power of the national economy, the potential of our state depend on our friendly and creative work.
Dear compatriots!
Long live the new life of the era of power and happiness, full of inspiration and creation!
Long live independent neutral Turkmenistan!
Ashgabat, 25 September 2020
Amendments to Constitution
Explanations of some terms:
- Milli Gengesh of Turkmenistan can be translated as National Council of Turkmenistan.
- Milli Gengesh of Turkmenistan is the collective term when referring to both the chambers of the parliament.
- The parliament, in its bicameral structure, consists of two chambers: Mejlis, which is the lower chamber of the parliament, and Halk Maslahaty, which is the upper chamber of the parliament.
Please note:
- The words/phrases in square brackets […] have been added for explanation. They are not part of the original text.
- This is unofficial translation of the original text. It carries no legal force and nCa is not responsible for any complications/problems arising from the use of this translation.
CONSTITUTIONAL LAW OF TURKMENISTAN
ON Amendments and Additions to the Constitution of Turkmenistan *
- Introduce into the Constitution of Turkmenistan, adopted on May 18, 1992, approved in a new edition 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) Article 6 shall be deleted;
2) in Article 66 the words “Mejlis of Turkmenistan” shall be replaced by the words “Milli Gengesh of Turkmenistan (Halk Maslakhaty and Mejlis)”;
3) in Article 71:
[Article 71 deals with the powers of the President]
in paragraph 9, the word “Mejlis” shall be replaced by the words “Milli Gengesh of Turkmenistan”;
in clauses 11 and 13 the words “Mejlis” and “Mejlis” shall be replaced by the words “Milli Gengesh” and “Chambers of Milli Gengesh”, respectively;
Clause 10 shall be amended to read as follows:
“10) signs laws, in case of disagreement, has the right, no later than two weeks, using the right of a 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 Halk Maslakhaty in the manner prescribed by the Constitution. If the reconsidered law was confirmed in the previous version by a majority of at least two-thirds of the votes of the total number of members of the Halk 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 “Halk 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 amended to read as follows:
“Article 75. The President of Turkmenistan may be prematurely dismissed from office if he is unable to fulfill his duties due to illness. The Halk 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 Halk 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 Halk 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 national referendum. ”;
6) in Article 76:
in part one, the word “Mejlis” shall be replaced by the words “Halk Maslakhaty”;
in the second part, the words “Mejlis of Turkmenistan” shall be replaced by the words “Halk 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 – Halk Maslakhaty and Mejlis.
Article 78. The Halk Maslakhaty includes eight representatives from each velayat and the city of Ashgabat, who are elected by secret ballot at meetings of the Halk Maslakhaty of the velayats, and the city of Ashgabat. The procedure for their election is determined by law. Eight members of the Halk 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 Halk Maslakhaty. Every ex-president of Turkmenistan is a member of the Halk 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 prematurely 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) by 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. Halk Maslakhaty elects from among its members the Chairman of the Halk Maslakhaty, his [her] deputy, and forms committees and commissions.
The Mejlis elects from among its members the Chairman of the Mejlis, his [her] deputy, and forms committees and commissions.
The members of the Halk Maslakhaty and the deputies of the Mejlis of the previous convocation retain their powers until the opening of the first sessions of the Halk 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 80-1 . Sessions of the Halk Maslakhaty and the Mejlis are held separately.
Sessions of the Halk 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 heads 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 80 2 . Halk Maslakhaty:
1) approves or rejects the Constitution, constitutional laws and other laws adopted by the Mejlis;
2) considers 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 Halk 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 Halk Maslakhaty. “;
10) Articles 81-83 shall be amended to read as follows:
“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) considers 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 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 [provincial], etrap [district] and city Halk 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 [or] rejects 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 Halk 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 83-1 . 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 to the Halk Maslakhaty for consideration.
The law of Turkmenistan is considered approved if more than half of the members of the Halk 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 by the Halk Maslakhaty, a conciliation commission may be created, after which the law is subject to reconsideration by the Mejlis. In case of disagreement of the Mejlis with the decision of the Halk 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 amended to read as follows:
“Article 84. A member of the Halk 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 Halk 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 Halk Maslakhaty may be deprived of the powers of a member and a deputy of the Mejlis — only by the relevant chamber. The 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 Halk Maslakhaty may be terminated ahead of schedule by the decision of the President of Turkmenistan.
Members of the Halk 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 Halk 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 Halk Maslakhaty and the Chairman of the Mejlis are elected by secret ballot. They are accountable to the relevant chamber and can be dismissed from office by a decision adopted by a majority of at least two-thirds of the votes of the total number of members of the Halk Maslakhaty and deputies of the Mejlis.
The Deputy Chairman of the Halk Maslakhaty and the Deputy Chairman of the Mejlis are elected by an open vote, perform their individual functions on behalf of the Chairman of the relevant chamber, act as Chairman of the Halk Maslakhaty and Chairman of the Mejlis in the event of their absence or the impossibility [inability] of exercising their powers.
Article 89. The Presidium of the Halk Maslakhaty and the Presidium of the Mejlis shall organize the activities of the chambers.
The Presidium includes the Chairman of the Chamber, his [her] deputy, chairmen of committees and commissions.
Article 90. The order of activity of the Halk 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 “halk maslahaty” and “halk maslahaty” shall be replaced, respectively, by the words “Velayat, etrap and city halk maslahaty”, “velayat, etrap and city halk maslahaty” and “velayat, etrap and city halk maslahaty”;
15) Article 120 shall be amended to read as follows:
“Article 120. Requirements for candidates for members of the Halk Maslakhaty, for deputies of the Mejlis, for members of the velayat, etrap and city halk 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 “Halk Maslakhaty” and “members of the Halk Maslakhaty”, respectively;
17) in Article 142, the words “deputies of the Mejlis of Turkmenistan” shall be replaced by the words “members of the Halk Maslakhaty and at least two thirds of the total number of deputies of the Mejlis”.
- This Constitutional Law comes into force on January 1, 2021.
III. Halk Maslakhaty of Turkmenistan [in its present form] shall cease its activity from the date of entry into force of this Constitutional Law.
- Resolutions of the Halk Maslakhaty of Turkmenistan are valid insofar as they do not contradict the Constitution and laws of Turkmenistan.
- The right to amend and invalidate acts adopted by the Halk 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 Halk 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 BERDIMUHAMEDOV
Ashgabat
September 25, 2020
No. 297-VI.
* Translation from the state language of Turkmenistan. /// nCa, 28 September 2020