Constitution

Turkmenistan 2008 Constitution (reviewed 2016)

Table of Contents

Preamble

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

Proceeding from the responsibility for present and future of the Motherland;

Expressing loyalty to the covenant of ancestors to live in unity, peace and harmony and commitment to universal human values;

With the aim of protecting the national values and interests, strengthening the independence, sovereignty, the status of permanent neutrality of Turkmenistan recognized by the international community;

Guaranteeing the rights and freedoms of each person and citizen, and seeking to ensure civil tranquility and unity in the society, to substantiate the basis of democracy and democratic, legal, secular state,

we adopt the present Constitution – the Basic Law of Turkmenistan.

SECTION I. FUNDAMENTALS OF THE CONSTITUTIONAL SYSTEM OF TURKMENISTAN

Article 1

Turkmenistan shall be a democratic, legal and secular state in which the government shall take the form of presidential republic.

Turkmenistan shall exercise the complete power and authority on its territory, and shall independently pursue the national and foreign policy. The state sovereignty and territory of Turkmenistan shall be homogeneous and indivisible.

The State shall protect the independence, territorial integrity, and constitutional system of Turkmenistan, and ensure law and order.

Article 2

Turkmenistan, has the status of permanent neutrality recognized by the international community and fixed in accordance with law.

The United Nations through the General Assembly Resolutions “Permanent Neutrality of Turkmenistan” dated 12 December 1995 and 3 June 2015: Recognizes and supports the proclaimed status of permanent neutrality of Turkmenistan; Calls upon the member states of the United Nations to respect and support this status of Turkmenistan and also to respect its independence, sovereignty and territorial integrity.

The permanent neutrality of Turkmenistan, shall be the basis of its national and foreign policy.

Article 3

Sovereignty is exercised by the people of Turkmenistan, the people are the sole source of the state power. The people of Turkmenistan shall exercise their power directly or through representative bodies.

No part (group) of the people, organization or individuals, shall have the right to arrogate to themselves the state power.

Article 4

In Turkmenistan, the people shall be the highest value of the society and the state. Protection, support and service to people shall be the main goals of state authorities.

The state shall be responsible for every citizen and shall create conditions for free development of an individual, protect the life, honour, dignity and freedom, personal inviolability, natural and inalienable rights of a citizen.

Every citizen shall be responsible before the State for performing the responsibilities entrusted to him by the Constitution and laws.

Article 5

Turkmenistan is a state ensuring social security of each person.

Article 6

State power in Turkmenistan shall be divided in the legislative, executive and judicial branches, they shall operate independently, balancing each other.

Article 7

Local self-government shall be acknowledged and guaranteed. Local self-government shall be independent within the limits of its competence. Local self-government bodies shall not be a part of the state authority bodies system.

Article 8

The rule of law shall be established in Turkmenistan.

The state and all of its bodies and officials shall be linked by law and constitutional order.

The Constitution of Turkmenistan shall be the Basic Law of the state. Rules and regulations laid down in it shall be unswervingly applicable. The laws and other legal acts that contradict the Constitution shall be null and void.

The normative legal acts shall be promulgated in the state mass media or made public through other means, stipulated by law. The normative legal acts affecting the rights and freedoms of a person and a citizen, if not made public, shall be invalid from the time of their adoption.

Article 9

Turkmenistan, being a full subject of the global community, shall adhere in its foreign policy to the principles of permanent neutrality, non-interference in the internal affairs of other countries, refrain from the use of force and participation in military blocs and alliances, promote peaceful, friendly and mutually beneficial relations with countries in the region and all states of the world.

Turkmenistan shall recognize the priority of the universally accepted norms of international law.

Article 10

Turkmenistan has its own citizenship. The citizenship shall be acquired, retained and lost in accordance with law.

Citizenship of another state shall not be recognized for the citizens of Turkmenistan.

No one shall be deprived of citizenship or the right to change citizenship. A citizen of Turkmenistan shall not be extradited to another state or expelled from the limits of Turkmenistan, or restricted in the right to return to the homeland.

The citizens of Turkmenistan shall be guaranteed the protection and patronage of the state on the territory of Turkmenistan and beyond its borders.

Article 11

Foreign nationals and stateless persons shall enjoy the rights and freedoms, and bear the responsibilities as the citizens of Turkmenistan in accordance with law and international treaties of Turkmenistan.

Turkmenistan, in accordance with universally recognized norms of international law and in the manner prescribed by law shall give refuge to foreign citizens and stateless persons.

Article 12

The property shall be inviolable. Turkmenistan shall recognize the right to private ownership of the land, means of production, and other material and intellectual values. They may also belong to the associations of citizens and the state. The law shall establish the objects that shall be exclusive property of the state.

The state shall guarantee equal protection of all forms of ownership and create equal conditions for their development.

Confiscation of property shall be prohibited, except for the property acquired by means prohibited by law.

Forced confiscation of property shall be permissible only in cases stipulated by law.

Article 13

The state shall regulate economic activity in the interest of an individual and the society, and shall ensure sustainable development for the benefit of the whole nation.

Article 14

Land and mineral resources, flora and fauna as well other natural wealth shall be the national wealth of Turkmenistan, protected by the state and subject to rational use.

Article 15

The state shall be responsible for safeguarding the national historical, cultural and natural heritage, natural environment, ensuring equality between social and ethnic communities.

The state shall encourage scientific, technical and artistic creativity and distribution of its positive results.

The state shall promote development of international cooperation in the fields of culture, training, sports and tourism.

Article 16

The state shall promote development of science and technology as well as support of international co-operation in these areas.

Scientific-technical policy of the state shall be pursued for the benefit of the society and each person.

The state shall promote introduction in production activities of scientific and technical achievements.

Article 17

Political diversity and multi-party system shall be recognized in Turkmenistan.

The state shall ensure the enabling environment for development of civil society. Public associations shall be equal before the law.

Article 18

The state shall guarantee freedom of religion and belief, and equality before the law. Religious organizations shall be separate from the state, their interference in the state affairs and carrying out the state functions shall be prohibited.

The public education system shall be separate from religious organizations and secular.

Article 19

An ideology of political parties, religious organizations, public associations and other entities shall not be binding for citizens.

Article 20

In order to protect the state sovereignty and security, Turkmenistan shall have its own armed forces.

Article 21

Turkmen language shall be the state language of Turkmenistan. The use of their native language shall be guaranteed to all citizens of Turkmenistan.

Article 22

The symbols of Turkmenistan as a sovereign state shall be the State Flag, the State Emblem, and the National Anthem. The description of the state symbols and arrangements for their use shall be established by law.

Article 23

The territory of Turkmenistan shall be divided into Welayats (provinces), Etraps (districts), cities and towns and other administrative-territorial units. Procedures for establishment and change of administrative – territorial units shall be determined by law.

Article 24

Ashgabat shall be the capital of Turkmenistan.