: 
A Research Guide to the Turkmenistan Legal System
By Oleg & Maria Stalbovsky
Oleg Stalbovsky holds an M.S. degree from the Tomsk State University (Russia), the Faculty of Mechanics & Mathematics and for a long time worked as information and computer technology specialist. Since 1998, he has been the Head of the Open Library for Legal Information, Tashkent, Uzbekistan. Oleg Stalbovsky participated in the International Visitor Program of the United States Department of State "Access to Information in the Public Libraries"(June 21- July 11, 2004).
Maria Stalbovskayа has been a reference librarian at the Open Library for Legal Information since 1997. She holds an M.S. degree from the Tomsk State University (Russia), the Historical-Philological Faculty. Maria Stalbovskayа attended training courses for law librarians granted by Constitutional Legal Policy Institute in 1999 and 2002 (Budapest, Hungary), in 2001(Riga, Latvia) and 2000 (Moscow, Russia).
The authors of this article were involved in important projects in the Republic of Uzbekistan: "The Development of the Digital Library on Human Rights", "Organizational and Methodical Support for Regional Public Law Centers", "Legal Information Support for Under Judicial Investigation People", "Creating the web-site of the Open Library for Legal Information" and also "The Development of Electronic Legal Resources of the Open Library for Legal Information".
Published June 2006
Table of Contents
A hierarchy of Turkmenistan laws
Principle of the separation of powers
Official print sources of Turkmenistan law
Where to find laws, decrees, cases
Turkmenistan is unitary state in the southwest of Central Asia and the Caspian Sea in the west, Kazakhstan in the north, Uzbekistan in the east, and Iran and Afghanistan in the south bound it. Turkmenistan covers approximately 488,000 square km and has a population of 4,952,000 in 2005. Ashkhabad (Ashgabat) is its capital and largest city. The state language here is Turkmen. The Turkmens make up over 77% of the population, who are largely Sunni Muslims; the remainder is Uzbek (9%) and Russian (6%), as well as smaller groups of Kazakhs, Tatars, Ukrainians, and Armenians.
Turkmenistan was once part of the ancient Persian Empire. The territory was ruled by the Seljuk Turks in the 11th century. The Mongols of Ghenghis Khan conquered the land in the 13th century and dominated the area for the next two centuries until they were deposed in the late 15th century by invading Uzbeks.
In 1869, one part of Turkmenistan (the khanate of Khiva) was made part of the Russian Empire and this country became known as the Transcaspia Region of Russian Turkistan.
Turkmenistan was later formed out of the Turkistan Autonomous Soviet Socialist Republic, founded in 1918, and was made an independent Turkmen Soviet Socialist Republic (Turkmenia) on October 27, 1924.
Turkmenistan declared its sovereignty on October 26, 1991 and after the collapse of the Soviet Union became a member of the Commonwealth of Independent States, together with ten other former Soviet republics.
Turkmenistan consists of territorial-administrative units: regions (velayat), districts (etrap), and certain cities (equal to districts) in which national government organs form. It also consists of towns, villages, and settlements in which local organs of self-government are founded.
According to Article 1 of the Constitution Turkmenistan is a democratic secular state operating under the rule of law whose government takes the form of a presidential republic.
On December 21, 2005 it marked 20 years since Saparmurat Niyazov headed the country and he is officially called Turkmenbashi (Father of Turkmens ). On October 27, 1990 he became the President of Turkmenistan. On 28 December 1999 the Constitution was changed, at which time the Parliament of Turkmenistan approved an amendment allowing the Saparmurad Nizayov to be president-for-life.
Turkmenistan legal system is currently going through a transition from the Soviet law. Due to the historical background the legal development is influenced by the traditions of Islamic law, too.
Such an influence is particularly clear in relation to the new principles of legal reform: in the republic ideological and political pluralism is claimed, market economy is socially oriented.
Article 1 of the Constitution establishes the status of permanent neutrality of Turkmenistan, citing the recognition of this status given by the United Nations on 12 December 1995.
According to Article 3 of the Constitution, in Turkmenistan the government and society place the highest value on the person. The government is responsible to the citizen and ensures conditions for the free development of the personality and protects life, honor, dignity, freedom, individual inviolability, and the natural and inalienable rights of the citizen.
Turkmenistan is a civil law country. Its laws are hierarchically organized with the Constitution of Turkmenistan at the top:
· The Constitution of Turkmenistan
· Constitutional laws
· Codes
· Ordinary laws
· Decrees and acts of President
· Resolutions of the Mejlis
· Resolutions and orders of the Cabinet of Ministers
· Normative acts of the organs of state power and government
· Resolutions of the governor (hyakim) of the region
· Decisions of local meetings (gengeshi)
The current Constitution of Turkmenistan (TC) (Translation Eric W. Sievers and LEEP, 1997) was approved on 18 May 1992. Since then there have been quite a few amendments - in 1995, 1997, 1998, 2000, 2001, 2002, 2003, 2005 - and no authentic English language version with the latest amendments is available to evaluate the impact of new changes in the constitution.
The present Constitution of Turkmenistan is the Supreme Law of the state, and the norms and provisions secured in the Constitution have direct effect. Laws and other legal acts which contradict the Constitution have no legal force. The legal acts of governmental organs are published for general notice or are popularized in some other manner, except for those acts which contain state or other legally protected secrets. Legal acts which affect the rights and freedoms of citizens and for which there is no general notice are invalid from the moment of their adoption.
Next level in this hierarchy consists of Constitutional laws: which either amend and modify Constitution or are anticipated by Constitution (those on independence and fundamental principles of state organization, on permanent neutrality of Turkmenistan, on exclusive power of First President of Turkmenistan Saparmurat Turkmenbashi, etc.). The Constitutional laws in Turkmenistan are following:
· On independence and fundamental principles of state organization of Turkmenistan (1991),
· On Halk Maslahaty
· On election of deputies of the Mejlis (1994)
· On permanent neutrality of Turkmenistan ( 1995),
· On exclusive power of First President of Turkmenistan Saparmurat Turkmenbashi (1999),
· On introducing changes and additions into the Constitution of Turkmenistan (2003 and 2005) (on election of the President)
Currently, the legislation of Turkmenistan is being codified. Since the collapse of the Soviet Union and the emergence of a fundamentally new orientation to society, politics and economy, the government has been engaged in the reform of law and system of jurisdiction in republic. In the first place, the following codes were changed in Turkmenistan: Economy Procedural, Sanitary, Customs, Air, Criminal and Civil Code. Some codes almost weren't changed. So, the republic now has the following codes (please, refer in general to http://www.cis-legal-reform.org/):
· Saparmurat Turkmenbashi Civil Code (enacted 1999)
· Civil Procedure Code (1964)
· Criminal Code (1998)
· Criminal Procedure Code (1962)
· Sanitary Code (1992, Russian)
· Tax Code (Russian)
· Family Code (1969, Russian)
· Code of Arbitration Procedure (2001) - former Economy Procedural Code (1991)
· Custom Code (1993, Russian)
· Water Code
· Land Code (1990, Russian)
· Labor Code (1972, Russian)
· Air Code (1996)
· Architecture Code
· Correction Labor Code (1971)
· Wood Code (1993, Russian)
· Housing Code (Russian)
Next level consists of current laws, constitute bulk of legislation of Turkmenistan. Under Soviet legal system, economic law was designated as branch of legislation, which regulated economic activity of socialist enterprises. Legal norms, creating economic laws were not codified in universal code. Many men held view that economic relations regulated by state, civil, administrative or other laws.
According to Article 9 of the Constitution of Turkmenistan property is inviolable. Turkmenistan affirms the right to own private property such as the means of production, land, and other material and intellectual items of value.
But the role of the state in the regulation of all economy processes is very big. See the general list of ordinary laws regulating business activity and relative legal relationships:
· On the Central Bank of Turkmenistan
· On Certification of the Products and Services
· On Commodity and Raw Material Exchange of Turkmenistan
· On Chamber of Commerce and Industry
· On Commercial Banks and Bank Activity
· On Enterprises
· On EC Partnership and Cooperation Agreement
· On foreign economic activities in Turkmenistan
· On Foreign Concessions
· On Foreign Economic Activities in Turkmenistan
· On Free Economic Zones
· On licensing of some kinds of activity
· On the Pledge
· On Tax to Added Cost (Russian)
· On Tax on Operation with Valuable Papers ( Russian)
· On Tax to Profit (Russian)
· On Tourism
· On Value-added Tax
The lowest stage in legislative system are decrees and orders of government branches and divisions, i.e. decrees and acts of President of Turkmenistan; resolutions of the Mejlis; resolutions of the Cabinet of Ministers; normative acts of the organs of state power and government; resolutions of the governor (hyakim) of the region; decisions of local meetings (gengeshi), etc.
This provides the difference between representative and governmental power in Turkmenistan. According to article 45 of Constitution the highest representative organ of popular power is the People's Council (Khalk Maslakhaty) of Turkmenistan. But the highest governmental power is exercised by the President, Parliament (Mejlis), the Supreme Court, the Supreme Commercial Court, and the Cabinet of Ministers of Turkmenistan. (Article 46)
Article 4 of the Constitution of Turkmenistan states that the government is based on the principle of separation of powers into three branches:
· Legislative
· Executive
· Judicial
Article 4 proclaims that all powers function independently, creating a system of checks and balances.
Legislative power is exercised by:
· The Mejlis of Turkmenistan
· The Khalk Maslakhaty (the People's Council)
The Mejilis is a permanent legislative body, established by Article 62 of the TC. The Parliament consists of the Chairman, Deputy Chairman, Presidium, Committees and Commissions and 50 deputies, elected from territorial districts. Deputies of the Parliament are elected for a term of five years and in accordance with the TC (Article 2) they express the will of the people. They are the only authority that, in all spheres, functions on behalf of the people.
Jointly with the Khalk Maslakhaty, the Mejilis participates is the governance and policy creation of the republic. Members of the Mejilis are also members of the Khalk Maslakhaty (see Article 45 of the TC). Parliament convenes in two sessions per year. Legislative initiative in Parliament belongs to the President, the deputies of the Mejilis, the Cabinet of Ministers and the Supreme Court (Article 68 TC), as well as the Working groups and Parliamentary Committees composed of the elected deputies, experts and representatives of state and public bodies. All of these bodies and officials are permitted to make proposals for the adoption of laws and for the drafting of new laws. As established by Article 64, the Parliament may be dissolved by way of referendum, by decree of Parliament adopted by 2/3 of the majority of the fixed number of deputies (self- dissolution). Parliament may also be dissolved by decision of the President in the case where it fails to form parliamentary management bodies (commissions) within six months, or upon its expressing two votes of no confidence in the Cabinet within an eighteen-month period.
Article 45 of the Constitution establishes the Khalk Maslakhaty, as the highest representative organ of popular power. This is a unique body, which is in fact composed of representatives of the executive, legislative and judicial branches of authority, as stipulated in Article 48 of the TC. More specifically, the Khalk Maslakhaty is composed of 50 directly elected members (the Khalk Vekillery - People's Representatives), 50 Mejlis deputies and a varying number of ex-officio members including, the President, the deputies of Parliament, the Chief Justice of the Supreme Court, the Chief Justice of the High Commercial Court, the Prosecutor General, members of the Cabinet of Ministers, heads of regional administrations and chiefs of municipal councils, towns and villages which are in the administrative centers of their respective district. Together, they are responsible for reviewing and deciding upon questions of amendments to the Constitution, the adoption of a new Constitution, the conducting of referenda, altering of state borders and administrative divisions, economic, social and political policies of the state, ratification of treaties, war and peace, as well as a series of other issues delegated by the Constitution and laws. In accordance with Article 54, the People's Council is convened when necessary, (however, not less frequently than once per year) by the President, Parliament of by one-third of the established members of the Council. The ninth session, held on 27-29 December 1999, has been written into history as one of the most pivotal, as it is at this session that the President was granted the exclusive right of holding office for an indefinite term and the death penalty was abolished.
Within the jurisdiction of Parliament are:
1) adopting and amending the Constitution and laws, and interpreting the Constitution and laws ;
2) scheduling elections for President, Parliament, and People's Advisors;
3) forming a Central Election and Referendum Commission;
4) approving action plans of the Cabinet of Ministers and expressing lack of confidence in the Cabinet of Ministers;
5) approving or rejecting candidates for the offices of Chair of the Supreme Court, Chair of the High Commercial Court, General Procurator, and, likewise, petitions for their dismissal.
6) approving the budget of Turkmenistan and the report of its utilization;
7) creating state awards, awarding the President with state awards, and conferring upon the President honorary titles, military ranks, and distinctions.
8) determining whether the normative acts of the organs of state power and government are in accordance with the Constitution and laws ;
9) other issues ascribed to the powers of Parliament by the Constitution and laws.
The Presidium of Parliament organizes the work of Parliament, and considers issues ascribed to its jurisdiction by the Constitution and laws. The Presidium is composed of the Chair and Assistant Chair of Parliament and the chairs of committees and commissions.
The manner of work of Parliament, its organs, and deputies, as well as those of its functions and powers not regulated by the Constitution, are established by law.
Executive power in Turkmenistan is divided between:
· the President,
· the Cabinet of Ministers,
· ministries
· local self-government units
According to Article 75 of the Constitution, the highest level executive authority is the Cabinet of Ministers chosen and headed by the President. The Cabinet consists of the deputies of the Chairman of Ministries and the ministries. The President has the discretion to nominate any of the leaders of Central State executive bodies to the Cabinet. The President distributes the duties of the Cabinet between the deputies constituting the Heads of the Cabinet. The deputy Heads of the Cabinet are able to pass resolutions within the scope of their mandate, which is outlined in Article 78 of the Constitution. The Cabinet is responsible to the President. The members of the Cabinet are at the same time members of the Khalk Maslakhaty, that is, the People's Council. The work of the Cabinet is carried out in sessions held by the President or one of the deputy Heads of Cabinet, in which matters of policy are discussed and debated. Based on Article 77 of the TC, the Cabinet issues orders and passes resolutions which have the status of obligatory implementation. The Cabinet is responsible for the coordination and control of the activities of the ministries and other central bodies of the State. Further, their role is to ensure that decrees and acts of the President, as well as the resolutions and orders of the Cabinet are implemented as required.
The legislative process is initiated by the any of the bodies listed in the preceding paragraph. The power to adopt laws as enforceable belongs to Parliament, by virtue of Article 67 (1) of the TC and the President, who issues decrees having the force of law (Article 58 TC).
· enacts the Constitution and laws and ensures their exact execution;
· manages the implementation of foreign policy, representing Turkmenistan in relations with foreign governments, appoints and recalls ambassadors and other diplomatic representatives of Turkmenistan in other countries and in intergovernmental and international organizations, and accepts the credentials and departures of the diplomatic representatives of foreign governments;
· is the Supreme Commander of the Armed Forces, issues orders of general or partial mobilization or use of the Armed Forces subject to subsequent approval of these actions by the People's Council, and appoints the highest commanders of the Armed Forces.
· presents the People's Council with a yearly report about the state of the country and provides information about the most important questions of domestic and foreign policy;
· presents for review and approval to the Parliament the governmental budget and a report on its utilization;
· signs laws and has the right, within two weeks, to return laws to Parliament with her or his objections for additional discussion and vote. If two thirds of Parliament votes to affirm its earlier decision, the President signs the law. The President does not have the right to delay by veto laws on amendment and addition to the Constitution;
· schedules referenda approved by the People's Council and has the right to convene Parliament ahead of schedule;
· decides questions about the granting of Turkmenistan citizenship and asylum;
· awards orders and other awards of Turkmenistan, confers honorary, military, and other special state titles, ranks, and distinctions;
· with Parliament's preparatory consent, appoints and recalls the Chair of the Supreme Court, the Chair of the High Commercial Court, and the General Procurator;
· grants pardons and amnesties;
· decides other issues ascribed to her or his jurisdiction by the Constitution and laws.
The President issues decrees, resolutions, and orders, which have mandatory force throughout Turkmenistan.
The President may not be a deputy of Parliament or receive other financial compensation, with the exception of honoraria for the creation of works of science, literature, or art.
The President has the right of immunity. The President may be prematurely relieved of office if incapable of meeting her or his obligations because of sickness. The People's Council, on the basis of the conclusion of an independent medical commission formed under its auspices, decides to prematurely relieve the President of office when not less than two-thirds of the established members of the People's Council so vote. If President violates the Constitution or laws, the People's Council may express its lack of confidence in the President and put forward to a popular vote the question of her or his removal. A question of lack of confidence is put forward for consideration when not less than one-third of the established members of the People's Council so desire. A decision of lack of confidence in the President is made when not less than two-thirds of the established members of the People's Council so vote.
The President may not transfer her or his executive powers to other organs or officials, except for the powers enumerated in parts 2, 9, and 11 of Article 57 of the Constitution, which may be transferred to the Chair of Parliament. If the President, for some reason, is not capable of meeting her or his obligations, until the election of a new President, her or his powers are transferred to the Chair of Parliament. In such a situation, a presidential election should be conducted no later than two months from the day of transfer of powers to the Chair of Parliament. A person meeting the obligations of the President may not be a candidate in the presidential election.
See more information on the President of Turkmenistan here or here.
The Cabinet of Ministers is an executive and management organ. The President chairs the Cabinet of Ministers.
The Cabinet of Ministers is composed of assistants to the chair of the Cabinet of Ministers and ministers. It is formed by the President within one month after her or his assumption of office and relinquishes its powers to a newly elected President.
The President manages a meeting of the Cabinet of Ministers, or this function is delegated by him to one of the assistants to the chair of the Cabinet of Ministers. The Cabinet of Ministers, within the bounds of its jurisdiction, makes decisions and issues resolutions and orders which must be executed.
The Cabinet of Ministers:
1) organizes the execution of laws, Presidential acts, and decisions of the People's Council;
2) takes measures to ensure and defend the rights and freedoms of citizens, and to protect property, social order, and national security;
3) develops and introduces in the People's Council proposals concerning the basic directions of the government's domestic and foreign policy activity, and programs for the economic and social development of the country;
4) implements governmental management of economic and social development and ensures the rational use of and protection of natural resources;
5) takes measures to strengthen the monetary and credit systems;
6) in case of necessity, forms committees, bureaus, and other agencies under the auspices of the Cabinet of Ministers.
7) effectuates foreign economic policy and ensures the development of cultural connections with foreign governments;
8) manages the activities of governmental institutions and state enterprises and organizations, and has the right to repeal the acts of ministries and agencies;
9) meets other obligations ascribed by laws and other normative acts to its jurisdiction.
The powers of the Cabinet of Ministers, the manner of its activity, and its relationship with other governmental organs are determined by law.
Here are found links to some of the interesting sites on the World Wide Web dealing with the Cabinet of Ministers of Turkmenistan:
· Go here to get some general information
· Government Reports of Turkmenistan
· Main State tax service of Turkmenistan
· State Information Agency of Turkmenistan
Turkmenistan is divided into administrative units, which have been given authority of self-government, these are the velayats (large administrative regions encompassing etraps, and specific cities), etraps (districts), shakhers (cities), obas (villages) and gengeshys (main administrative units).
Local executive power is held: in a region by the governor (hyakim) of the region, in a town by the governor of the town, in a district by the governor of the district, and by municipal councils.
Governors are the local representatives of the head of state, are appointed to and withdrawn from office by the President, and are subordinate to the President.
Governors manage the activities of governmental organs at the local level, ensure adherence to the Constitution, laws, and acts of the President and the Cabinet of Ministers. Without transgressing their authority, governors adopt resolutions which must be adhered to in the areas subject to their jurisdiction.
Chiefs ensure the execution of decisions of local meetings (gengeshi) and of acts of organs of state power and government, exercise control over objects of municipal property, manage the local budget, and also decide other questions of local significance.
The scope of the functions and power of governors and chief, the manner of their work, and their interrelationships with other organs of power and government are established by law.
The local meetings and organs of territorial civic self-government form a system of local self-government. The local meetings are representative organs of popular power on the territory of towns, villages, and settlements. They are elected directly by citizens for a term of five years and are not administratively subordinate to each other.
Within the jurisdiction of local meetings are:
1) determining the basic directions of economic, social, and cultural development of their areas;
2) approving the local budget and the report of its utilization;
3) establishing local taxes and tariffs and the manner of their collection;
4) determining measures for the rational use of natural resources and for nature protection;
5) other issues ascribed to the jurisdiction of local meetings by law.
Without transgressing their authority, local meetings adopt decisions which must be adhered to in their areas.
A local meeting elects a Chief from within its ranks who manages the work of the local meeting and is subordinate to the local meeting.
Persons elected to local meeting meet their obligations without compensation. The manner of activity of local meetings and other organs of civic self-government are determined by law.
· The Supreme Court
· The High Commercial Court
· The Ashkhabad City Court
· Courts of velayats, etraps, shakhers, obas and gengeshys