Article 57. The President of Turkmenistan shall:

1) carry out the Constitution and the laws and ensure precise compliance with them;
2) direct the implementation of foreign policy, represent Turkmenistan in relations with other states, appoint and recall ambassadors and other diplomatic representatives of Turkmenistan in foreign states, and at interstate and international organizations, to accept letters of credence and letters of recall of diplomatic representatives of foreign states;
3) be the Commander-in-Chief of the Armed Forces, give orders concerning general or partial mobilization and the utilization of the Armed Forces with subsequent confirmation of these actions by the Khalk Maslakhaty, appoints the high command of the Armed Forces;
4) submit to the Khalk Maslakhaty annual resorts on the state of the country and inform it about the most important issues of domestic and foreign policy;
5) submit the state budget and a report on its execution to the Mejilis for its consideration and approval;
6) sign laws and have the right to return the law with his objections to the Mejilis within two weeks for repeated discussion and voting. If the Mejilis confirms the decision it previously took by two-thirds majority, the President shall sign the law. The President shall not have the right of delaying veto with regard to laws concerning changes and additions to the Constitution;
7) arrange for referenda on the decision of the Khalk Maslakhaty and have the right to call an extraordinary session of the Mejilis;
8) decide questions of conferring citizenship in Turkmenistan and granting asylum;
9) confer decorations and other awards of Turkmenistan, and confer honorary, military, and other special titles;
10) with the prior consent of the Mejilis, appoint and relieve from office the Chairman of the Supreme Court, the Chairman of the Higher Economic court and the General Procurator;
11) grant clemency and amnesty;
12) decide other matters assigned to his responsibility by the Constitution and the laws.

Article 58. The President shall issue edicts, decrees and instructions that are binding in the entire territory of Turkmenistan.

Article 59. The President cannot be a deputy of the Mejilis or receive monetary compensation, with the exception of honoraria for works of science, literature, and art.

Article 60. The President shall have the right of immunity. The President may be relieved from office in the event that it is impossible for him to perform his duties as a result of illness. The Khalk Maslakhaty, on the basis of the conclusion of an independent medical commission established by it, shall make a decision on the early removal of the President from office by not less that a two-thirds majority vote of the established numbers of members of the Khalk Maslakhaty.

In the event of a violation by the President of the Constitution and laws, the Khalk Maslakhaty can express its lack of confidence in the President and submit the question of his removal to a popular vote. The question of no confidence in the President may be considered upon the request of not less than one-third of the established number of members of the Khalk Maslakhaty. A decision of no confidence in the President shall be adopted by not less that two thirds of the established number of members of the Khalk Maslakhaty.

Article 61. The President shall not have the right to transfer performance of his powers to other bodies or officials with the exception of the powers stipulated in clauses 2, 9, and 11 of Article 57 of the Constitution, which may be transferred to the Chairman of the Mejilis. If the President for one reason or another cannot perform his duties, then his powers shall be transferred to the Chairman of the Mejilis until election of a new President. In this case the presidential election must be carried out no later than two months from the day his powers are transferred to the Chairman of the Mejilis. The person performing the duties of the President cannot be voted for as a candidate for President.

CHAPTER 4. The Mejilis of Turkmenistan

Article 62. The Mejilis (Parliament) shall be the legislative organ of Turkmenistan.

Article 63. The Mejilis shall consist of 50 deputies elected from territorial districts with approximately equal numbers of voters for a term of five years.

Article 64. The Mejilis may be dissolved prematurely:
- by decision of a referendum;
- by decree of the Mejilis adopted by a majority of not less than two thirds of the established number of deputies (self-dissolution);
- by the President in the event the executive bodies of the Mejilis are not formed within a period of six months, or in the event no confidence in the Cabinet of Ministers is expressed twice in a period of 18 months.

Article 65. The Mejilis shall independently establish the correctness of election, and powers of deputies, elect a Chairman and his deputy from among the deputies, and form committees and commissions.

Article 66. The Mejilis can transfer the right to issue laws on specific matters to the President with obligatory subsequent confirmation of them by the Mejilis.

The Mejilis cannot transfer legislative functions with regard to matters of:
1) the adoption and amendment of the Constitution;
2) criminal and administrative legislation;
3) legal procedure.

Article 67. The following shall be delegated to the Mejilis:

1) adoption and amendment of the Constitution and law and their interpretation;
2) scheduling elections of the President, the Mejilis and members of the Khalk Maslakhaty;
3) forming the Central Commission on Elections and conducting referenda;
4) approving the program of activity of the Cabinet of Ministers and expressing lack of confidence in it;
5) approving or rejecting candidates for the position of Chairman of the Supreme Court, the Chairman of the Higher Economic Court, the General Procurator, and also recommendations concerning their removal;
6) adopting the budget of Turkmenistan and the report on its execution;
7) instituting state awards, conferring state awards on the President, conferring on him honorary titles, military titles and distinctions;
8) determining the conformity of normative documents of government bodies with the Constitution and laws;
9) other matters allocated to the responsibility of the Mejilis by the Constitution and laws.

Article 68. The right of legislative initiative in the Mejilis shall belong to the President, deputies of the Mejilis and the Cabinet of Ministers.

Article 69. Deputies of the Mejilis shall have the right to submit oral and written questions to the Cabinet of Ministers, ministers, and directors of the state bodies.

Article 70. A deputy can be relieved of his authority as a delegate only by the Mejilis. A decision on this matter shall be made by a majority vote of not less than two-thirds of the established number of deputies in the Mejilis. A deputy cannot be brought to criminal liability, arrested, or be deprived of his freedom in any other way without the approval of the Mejilis, and in the period between sessions -- the Presidium of the Mejilis.

Article 71. The Mejilis a permanent body. Deputies cannot simultaneously occupy positions as members of the Cabinet of Ministers, heads of administration of velayats, shakhers, and entraps, archyns, judges, procurators.

Article 72. The Chairman of the Mejilis shall be elected by a secret vote. He shall be accountable to the Mejilis and ca be removed by decision of the Mejilis adopted by a majority of not less than two-thirds of the established number of deputies. The Deputy Chairman of the Mejilis shall be elected by open vote, and shall perform specific functions of the Chairman on his authorization, replace the Chairman in the case of his absence or incapacity to exercise his authority.

Article 73. The Presidium of the Mejilis shall organize the work of the Mejilis and consider matters assigned to it by the Constitution and laws. The Presidium shall consist of: the Chairman of the Mejilis, his deputy, and representatives of the committees and commissions.

Article 74. The procedure for activity of the Mejilis, its bodies and deputies, their functions and power that are not prescribed by the Constitution shall be established by law.

CHAPTER 5. The Cabinet of Ministers

Article 75. The Cabinet of Ministers shall be the executive and administrative organ. The Cabinet of Ministers shall be headed by the President.

Article 76. The Cabinet of Ministers shall include: the deputy chairman of the of the Cabinet of Ministers and ministers.

The Cabinet of Ministers shall be formed by the President within a month after he takes office and shall lay down its powers before the newly elected President.

Article 77. Sessions of the Cabinet of Ministers shall be conducted by the President or upon his authorization by one of the deputy chairman of the Cabinet of Ministers. The Cabinet of Ministers within the limits of its responsibility shall issue binding decrees and instructions.

Article 78. The Cabinet of Ministers shall:

1) organize the implementation of law, the decrees of the President, and the decisions of the Khalk Maslakhaty;
2) carry out measures to ensure and defend the rights and freedoms of citizens, protect property, and preserve public order and national security;
3) develop and submit to the Khalk Maslakhaty proposals on the basic aims of domestic and foreign policy activity of the state and programs for the economic and social development of the country;
4) carry out state management of economic and social development and ensure the rational use and protection of natural resources;
5) take measure to strengthen the monetary and credit system;
6) form committees, main administrations and other departments attached to the Cabinet of Ministers as needed;
7) implement foreign economic policy and ensure the development of cultural ties with foreign states;
8) direct the activity of government institutions, state enterprises and organizations, have the right to rescind the acts of ministers and agencies ;
9) perform other duties assigned to it by laws and other normative documents.

Article 79. The powers of the Cabinet of Ministers, the manner in which it operates, and its relations with other state bodies shall be determined by law.

CHAPTER 6. Local Executive Power

Article 80. Local executive power shall be exercised by: the velayat khyakimi in the velayats, the Shakher Khyakimi in the shakhers, and the etrap Khyakimi archyns in the entraps.

Article 81. Khyakimi shall be local representatives of the head of state and shall be appointed and relieved from duty by the President and his subordinates.

Article 82. Khyakimi shall direct the activity of local administrative bodies, ensure implementation of the Constitution, laws, and acts of the President and the Cabinet of Ministers. Within the limits of their competence the Khyakimi adopt decrees that are mandatory in the territory under their administration.

Article 83. The archyns shall ensure the implementation of decisions of the Gengeshi and the decrees of the governmental authorities, manage municipal facilities, execute the local budget, and also deal with other matters of local significance.

Article 84. The scope of the functions and powers of the of the Khyakimi and archyns and the procedures for their activity and interaction with other government authorities shall be established by law.

SECTION IV. LOCAL SELF GOVERNMENT

Article 85. The system of local self government shall be made up by the Gengeshi and bodies of territorial public self government. The Gengeshi shall be representative bodies of the popular power in the territory of shakhers, villages, and obs. They shall be elected directly by the citizens for a term of five years.

Article 86. The following are the responsibility of the Gengeshi:
1) determining the basic lines of economic, social, and cultural development of their territories;
2) approving the local budget and reporting on its execution;
3) instituting local taxes and fees and the procedure for collecting them;
4) specifying measures for the rational utilization of natural resources and protection of the environment;
5) other matters assigned to the Gengeshi by legislation.

Within the limits of their responsibility the Gengeshi shall mane decisions that are mandatory in their territory.

Article 87. The Gengeshi shall elect the Archyn, who shall direct the work of the Gengeshi and be accountable to it, from among their members.

Article 88. Members of the Gengeshi shall perform their duties without compensation. The procedures for the activity of the Gengeshi and other bodies of public self government shall be prescribed by law.

SECTION V. THE ELECTION SYSTEM, REFERENDUM

Article 89. Elections of the President, deputies of the Mejilis, khlak Vekilleri, and other person elected by the people shall be universal and equal: citizens of Turkmenistan who have attained the age of 18 years shall have the right to vote, each voter having one vote. Mentally ill citizens who have been adjudged incompetent by a court shall not participate in elections, nor shall persons imprisoned by virtue of a court sentence. Persons in preventive detention in accordance with procedure established by criminal procedure legislation shall not take part in voting. Any direct or indirect limitation of the voting rights of citizens in other cases shall not be permitted and shall be punishable by law.

Article 90. Citizens of Turkmenistan who have reached the age of 25 by the date of the elections may be elected as deputies of the Mejilis, and khalk vekilleri. The age qualification for members of the Gengeshi, archyns and other persons elected to state positions shall be prescribed by law.

Article 91. Elections shall be direct; deputies and other persons shall be elected by citizens directly.

Article 92. Voting at elections shall be secret, polling of voters during the course of voting is not permitted.

Article 93. The right to nominate candidates shall be held by the political parties, public organizations, and groups of citizens in accordance with the election law.

Article 94. To decide the most important matters of state and public life national and local referenda may be conducted. The question of rescinding an act adopted be referendum shall be resolved only through a national referendum.

Article 95. The right to schedule a national referendum shall belong to the Khalk Maslakhaty upon the proposal of not less than one fourth of its members, or by proposal of not less than 250,000 citizens having the right to vote.

Article 96. The right to schedule local referenda shall belong to the Gengeshi on their own initiative or by proposal of not less than one fourth of the voters living in the territory concerned.

Article 97. Referenda shall be conducted by means of universal, equal, direct and secret balloting. Citizens of Turkmenistan having the right to vote shall participate in the referenda.

Article 98. The procedure for conducting elections and national and local referenda shall be prescribed by law. Elections and referenda shall not be conducted during a state of emergency.

SECTION VI JUDICIAL AUTHORITY

Article 99. Judicial authority in Turkmenistan shall belong only to the courts. Judicial authority shall be intended to defend the rights and freedom of citizens and maintenance by law of the state and public interests.

Article 100. Judicial authority shall be exercised by Supreme Court, the Higher Economic Court, military, and other courts stipulated by law, in the form of civil, economic, administrative and a criminal judicial procedure. The creation of extraordinary courts and other structures endowed with the powers of a court shall not be permitted.

Article 101. Judges shall be independent and subordinate only to the law and shall be guided by their inner convictions. Interference in the activity of judges from any side whatsoever shall not be permitted and shall be punishable by law. The inviolability of judges shall be guaranteed by law.

Article 102. Judges of all courts shall be appointed by the President for a term of five years. The procedure for appointment and removal of judges shall be determined by law. Until the expiration of the established term judges can be removed from their position without their consent only by a court order and for grounds indicated by law.

Article 103. Judges cannot occupy any other paid position, except for teaching and scientific research; for the period of their tenure judges shall not participate in political parties or public organizations that pursue political objectives.

Article 104. Cases in courts shall be considered collegially and , in cases stipulated by law, by individual judges.

Article 105. The proceedings in all courts shall be open. Closed hearings shall be permitted only in cases stipulated by law, with adherence to all rules of judicial procedure.

Article 106. Judicial procedure shall be conducted in the state language. Persons participating in the case who do not speak the language of the judicial procedure shall be ensured the right to acquaint themselves with the materials of the case and to participate in the judicial action, and also the right to testify in court in their native language.

Article 107. Justice shall be administered in the basis on contention and equality of the parties.

The parties shall have the right to appeal decisions, sentences, and other judicial decrees of all courts of Turkmenistan.

Article 108. The right to professional juridical assistance shall be recognized at any stage of the judicial process.

Judicial assistance to citizens and organizations shall be rendered by lawyers and other persons and organizations.

Article 109. The competence, manner of formation, and activity of courts shall be determined by law.

SECTION VII. THE PROCURATOR’S OFFICE

Article 110. Oversight of exact and uniform compliance in the territory of Turkmenistan with laws and acts of the President by bodies of state government, administration of the Armed Forces, and local self government, by participants in economic and commercial activity, by organizations, institutions, assigned to the General Procurator of Turkmenistan and his subordinate procurators. The Procurator shall participate in consideration of cases in courts on the basis and in the manner established by law.

Article 111. The Procurator’s Office shall exercise oversight over the legality of operational investigating activity and the investigation of criminal cases and materials.

Article 112. The unified and centralized system of the Procuracy shall be headed by the Procurator General, who shall be appointed by the President for five years. Deputies of the Procurator General and procurators of velayats shall be appointed by the President. The procurators of shakhers and etraps shall be appointed by the Procurator General.

Article 113. The Procurator General and his subordinate procurators shall be governed only by the law in carrying out their powers. In his activity, the Procurator General is accountable to the President. For the period of their appointment, procurators shall not participate in political parties and other public associations that pursue political objectives.

SECTION VIII. FINAL PROVISIONS

Article 114. The laws and other acts of state organs of Turkmenistan shall be published in the basis of and in accordance with the Constitution. In the case of a discrepancy between the Constitution and a law the Constitution is valid.

Article 115. The provisions of the Constitution on the republic form of government cannot be changes.

Article 116. The law on amending the Constitution shall be considered adopted if not less than two thirds of the established number of deputies of the Mejilis vote for it.

Adopted by the Supreme Soviet ad promulgated by the President on May 18, 1992 in the city of Asghabat.

President of Turkmenistan
S.NIYAZOV
City of Ashgabat
May 18, 1992

No. 691-XII