Turkmenistan is at the threshold of a remarkable event, indeed epoch-making one. The draft Constitution called upon to be a symbol of a new epoch has been brought up to public discussion. Having absorbed the best national and international practice of state building, clearly specified the vector of development of the Turkmen society and state – progress, democracy, humanism, social and economic prosperity – the fundamental law will offer a powerful incentive to the important transformations in the economic, social and cultural life of the Turkmen people

“An individual is the highest value of the society and state” – this thesis secured in Article 3 of Section I of the Turkmen Constitution is the ‘bearing structure’ of the draft law elaborated in the atmosphere of the unprecedented enthusiasm and activism. The ministries and departments, public organisations and citizens of Turkmenistan submitted thousands of the proposals to the Constitutional Commission chaired by President Gurbanguly Berdimuhamedov. The leading scientists, experienced lawyers and legal scholars were involved in drafting the fundamental law of the country.

The constitutional amendments and additions enhance the role of the state in the life of every citizen as well as the role of an individual in the state system, as every man, first of all, is an individual with the unique personality. That the individuals endowed with talents, outstanding qualities, deep knowledge – public and a political figure, military leaders, men of letters, painters and artists determine to a larger extent the course of history, development of culture, science, art, i.e. the society is an uncontestable fact.

The constitutional state and genuine democracy are inseparable from the strong governmental power and respect to and guarantees of the rights and freedoms of citizens. It can be said that the new legislation of independent Turkmenistan has taken the substantial steps for this purpose. The whole spectrum of the democratic rights and freedoms irrespective of social status, beliefs, nationality, gender and other factors is guaranteed to every individual and citizen of our country

Foreign citizens enjoy the rights and have the duties equal to those of citizens of Turkmenistan in accordance with the legislation and international agreements of Turkmenistan (Article 8).

The concern for the people, their welfare, living conditions and health dictated the constitutional provisions securing the rights to housing, education, medical care including the free use of the network of the state-run healthcare establishments and social services in case of old age, illness, disability, loss of breadwinner, unemployment. The additional social maintenance and benefits are provided from the government and public funds to the families with many children, children deprived of the parental care, veterans and other persons, who lost their health when defending the national or public interests (Article 38).

The Constitution guarantees inviolability of the home to an individual, and along with the unconditional right of every citizen to state-granted comfortable housing legally secures the opportunity of receiving the state support in individual housing construction, housing improvement through buying houses, apartments (Article 25).

An important aspect of the national policy is development of the humanitarian sphere, the guarantees a broad access to scientific and cultural achievements, the standards of education meeting the international requirements on the paid basis as well subject to the state standards to citizens of Turkmenistan. Thus, Article 39 states that “the governmental and non-governmental organisations, citizens have the right to found paid educational and training establishments on the basis and in accordance with procedure established by law.” The particular educational standards are set to all educational establishments irrespective of property.

The abundant natural resources are the basis of Turkmenistan’s economic prosperity, the pledge of its dynamic development, implementation of the large-social programmes. To preserve them for the future generation, to ensure ecological security of the environment as a major factor of the people’s health and long life are the goals of new Article (37).

The new Constitution includes the provisions reflecting in general the model of further Turkmenistan’s economic development including the transfer to the market economic principles, equal opportunities for various patterns of ownership, state support and incentives for entrepreneurial activity, medium and small businesses as a manifestation of economic freedom that every citizen can enjoy (Article 10).

The provision on the Turkmen manat as the sole means of payment in the territory of Turkmenistan is aimed at strengthening the national currency and the national financial system in whole (Article 16).

The important goal the constitutional reform is to achieve is to guarantee the supremacy of law in the entire political and economic framework of the country, the high effectiveness of government. For this purpose the draft Constitution clearly differentiates the representative and executive authorities, the legal status of the superior organs of power in Turkmenistan. In particular, the draft Constitution revises the functions of the Mejlis of Turkmenistan, local representative bodies and local self-government bodies, restores the status of khyakims of velayats, etraps, towns as the representatives of the President of Turkmenistan in the regions, makes their appointment and dismissal the prerogative of the head of the state they are accountable to (Article 82).

Abolishing the duplicate organ – Halk Maslakhaty, the functions of which are delegated to the President and the Mejlis, enables to make the chain of government institutions more compact and the mechanism of their collaboration more flexible. The authorities as well as duties are expanded; the responsibility of the President as the head of the state, members of the Parliament, cabinet ministers, members of local people’s councils and khyakims, local authorities – gengesh and arhcins accountable to them, for making and executing the decisions, implementing the large-scale social and economic development programmes is enhanced.

It concerns equally the judicial power and prosecution, the effectiveness of which, impartiality and observance of the principle of supremacy of law when making a decision shall be secured through the more precise wordings of the constitutional norms excluding the dual interpretation. Moreover, the constitutional amendments providing the additional opportunities of receiving highly qualified legal assistance by citizens and organisations will enhance their legal protection. Along with advocates the legal and natural entities of Turkmenistan will be allowed to provide legal assistance (Article 109). The provisions stating that prosecutors and judges were not allowed to be the members of political parties and other public organisations pursuing the political aims will profoundly contribute to guaranteeing impartial case investigation and administration of justice (Article 104).

The constitutional reform is a call of the times and the people’s will. Today we can realize: development of the democratic processes in our country are secured through creating and improving the political forms and institutions as well as building the new world outlook in the society. The people’s active participation in discussing the draft of the fundamental law testifies to their deep understanding of the values that the Turkmen people have always adhered to – solidarity, unity, concord.