A meeting of the Constitutional Commission for the improvement of the Constitution of Turkmenistan was held under the chairmanship of President Gurbanguly Berdimuhamedov in Ashgabat on February 2.
Opening the meeting and presenting the agenda, the President noted that Turkmenistan launched the constitutional reform in 2014 in order to fulfil the crucial task of strengthening the legislative framework for fundamental transformations taking place in our country. It was necessitated by the objectives of bringing the Basic Law of Turkmenistan in line with international standards and modern requirements. Tremendous work has been done in this field, and it continues.
The Turkmen leader said that our citizens, experts, researchers, political parties and public organisations, bodies of power and the elders were taking an active part in the work on improvement of the Constitution.
President of Turkmenistan Gurbanguly Berdimuhamedov said that taking into consideration the work done, we thought it appropriate to discuss once again the key issues related to the improvement of the Constitution of our country.
The floor was given to Mary Velayat Hyakim B. Annagurbanov. Speaking at the meeting, he emphasized that the Constitution of independent Turkmenistan was a reliable guarantee of the legal protection of an individual declared the highest value of the state and society.
Speaking at the meeting, Chairman of the Supreme Court B. Charyev noted that specialists of the national judicial system fully supported the Turkmen leader’s proposals for improvement of the Constitution and the national legislation as a whole in the framework of the reforms taking place in the country and took the most responsible approach to fulfilling the task set in this field by the Turkmen leader Gurbanguly Berdimuhamedov.
The floor was given to Director of Turkmen National Institute for Democracy and Human Rights under President of Turkmenistan G. Hallyev who reported on the fulfilment of the Turkmen leader’s instructions to improve the Basic Law.
The articles on the protection of sovereignty, independence of Turkmenistan, its territorial integrity and the protection of the constitutional order were added to the draft Constitution
The main objective of the reforms taking place in the country is to improve the jural state, galvanize civil society and deepen democratic processes. Incorporating the provisions on the multi-party system that comply with the international standards in the field of civil and political rights to the draft Basic Law is to contribute to strengthening democratic institutions in the country.
With the view to implement the Turkmen leader’s initiative to introduce the institution of ombudsman in our country as well as the instructions given by the leader of Turkmenistan at the meeting with members of the Parliament that took place on January 11, the international practices in this field are being studied thoroughly.
Speaking at the meeting, Prosecutor General A. Hallyev emphasized that our Motherland was moving with confidence along the path of progressive social, economic and democratic reforms. He assured that prosecutor’s offices of Turkmenistan jointly with the military and law enforcement agencies would make every effort to maintain law and order in the country, protect the rights and freedoms of citizens, further strengthen the legal and regulatory framework and improve national laws.
Speaking at the meeting, Chairman of the Democratic Party K. Babaev emphasized that the unprecedented reforms taking place in all spheres of life of the state and society and the measures taken to deepen democratic processes, strengthen legal culture and improve the Constitution were aimed at ensuring the wellbeing of the people and every citizen.
Large-scale work was done to collect, review and summarize the proposals for improvement of the Constitution from activists of public organisations, the public, specialists in various fields and experts. This work was carried out in close cooperation with deputies of Mejlis, representatives of velayat, etrap and town halk maslahaty, hyakimliks, educational and research institutions, political parties and public organisations.
Minister of Justice B. Muhamedov emphasized that specialists from the Ministry of Justice had studied the main provisions of the constitutions of different countries so as to learn about international practices in this field as part of the activities of the commission at Mejlis responsible for summarizing the proposals for amendments and additions to the Constitution of Turkmenistan.
The floor was given to Chairperson of Mejlis A. Nurberdyeva who noted that the ambitious reforms taking place in the country were enthusiastically and unanimously supported by citizens. The work on the draft Constitution of Turkmenistan continued in the framework of progressive reforms implemented at the initiative and under the leadership of President of Turkmenistan Gurbanguly Berdimuhamedov.
The instructions taken by the Turkmen leader at the meeting of the Elders Council and the proposals submitted were taken into consideration when drafting the Basic Law.
The Chairperson of Mejlis noted that the incoming proposals illustrated the nationwide support of the prudent programmes adopted by the Turkmen leader in the interests of the people. All the proposals submitted were thoroughly reviewed by members of the working commission at Mejlis, summarized and taken into consideration. Along with the new articles with amendments and additions incorporated into the draft Constitution, a new section was created.
The President commented on the reports of the members of the Commission and delivered a keynote speech.
The Turkmen leader noted that Turkmenistan applied the policy of positive neutrality to international relations. The legal status of permanent neutrality of our sovereign state has twice been recognized by the Resolutions of the UN General Assembly.
Turkmenistan is the only country in the world that has reflected this Resolution in its Basic Law. The Turkmen leader said that we therefore intended to give greater significance to these historic Resolutions by setting forth more clearly the status of permanent neutrality of our country in the Constitution.
In this context, President Gurbanguly Berdimuhamedov underscored the appropriateness to set forth the provisions on the legal status of neutrality of our state in a new article of the Constitution. The Turkmen leader said that for this purpose it would be appropriate to set forth in Article 2 of the Basic Law that Turkmenistan had the status of permanent neutrality in accordance with the law.
The Turkmen leader said that the Basic Law contained the provisions that laid the foundations of the rights and freedoms and responsibilities of an individual and a citizen. In this regard, it was important to continue to work towards improving the articles concerning human rights, taking the proposals submitted into consideration, consider them through the prism of international practices and thoroughly study the fundamental documents of international organisations. The Turkmen leader said that it was necessary to once again consider the proposals for further consolidation of human and civil rights in the Constitution.
In this context, President Gurbanguly Berdimuhamedov emphasized that Turkmenistan, being a party to the major conventions on human rights and freedoms, was actively implementing the standards of these international instruments into national legislation. The Turkmen leader underscored the appropriateness to give greater significance to this issue in the new Constitution of our country that should contain the modern standards in the field of human rights and freedoms.
In Turkmenistan, close attention is paid to private sector promotion; broad prospects for effective entrepreneurial activities are opened up. In this context, the Turkmen leader said that he thought it appropriate to ensure that the Basic Law should guarantee every person the right to freely use his or her abilities and property to carry out entrepreneurial activity and carry out other economic activity not prohibited by law.
President Gurbanguly Berdimuhamedov noted that the crucial objectives included the concretisation of the role and authorities of all branches of power, the creation of an enabling legal environment so that these bodies would serve the people. For this purpose the issue relating to the introduction of amendments to the section that established the constitutional and legal foundations of the system of state power in Turkmenistan had been considered thoroughly. National and international practices in governing the state and society and numerous submitted proposals were taken into consideration. These proposals were widely supported by the Elders Council and members of gengesh and halk maslahaty.
The Turkmen leader said that it was proposed to incorporate the provisions in the Basic Law which would state that if the head of state was unable to perform the duties, the Chairperson of Mejlis of Turkmenistan shall perform such duties until the President was elected. The President said that this proposal had been supported by the elders and specialists, noting that he thought it appropriate to adopt the final decision on this issue after the draft Constitution had been publicly discussed.
The Turkmen leader emphasized that the status of the local representative and executive bodies of power and local government system should be revised as part of the work on improvement of the Constitution of our country.
President Gurbanguly Berdimuhamedov drew attention of the participants in the meeting to the proposal for an expanded and detailed description of the authorities of halk maslahaty in the new Constitution. The Turkmen leader said that it would be appropriate to incorporate the provisions into the Basic Law which would state that halk maslahaty should approve the local budget and the report on its implementation, contribute to the protection of the rule of law and public order and the exercise of rights and legitimate interests of citizens.
In addition, it was proposed to incorporate the constitutional norms into the Basic Law which would state that halk maslahaty should hear the reports of executive bodies, namely heads of hyakimliks, on the work done on economic, social and cultural development of the relevant territory as well as the decisions of halk maslahaty should be implemented on the relevant territory. The Turkmen leader said that the incorporation of these provisions into the Constitution would increase the legal status of the local representative bodies of power.
In this context, the President emphasized that it would be appropriate to set forth in the new Constitution that the authorities of local government should be delegated to local representative and executive bodies. It was proposed to specify the goals and objectives of local governments in the Basic Law which would allow enhancing their role in the society.
The activities of gengesh – the bodies of local government that act independently on the territory of their administrative authorities – should be brought to a higher level. In this context, the Turkmen leader emphasized that this approach would, first of all, encourage activity of citizens by creating wide opportunities for their active participation in the life of their villages and towns.
The President said that the new Basic Law included 143 articles that contained the specific provisions, of them 28 were the new articles and 80 were the articles with amendments or new provisions.
The proposals that will be submitted after the promulgation of the draft Constitution should be thoroughly studied and the new Basic Law should be worked out. The final draft of the new Constitution must be submitted to deputies of Mejlis for adoption at the Elders Council that will be held in Ashgabat this year.
The main task for today is to work towards introducing amendments and additions to the Constitution of Turkmenistan. The Turkmen leader said that the new Basic Law should be discussed with the active participation of all citizens and it was necessary to prepare thoroughly for its adoption. The President instructed deputies of Mejlis of Turkmenistan to carry out this work in a proper and timely manner.
Opening the meeting and presenting the agenda, the President noted that Turkmenistan launched the constitutional reform in 2014 in order to fulfil the crucial task of strengthening the legislative framework for fundamental transformations taking place in our country. It was necessitated by the objectives of bringing the Basic Law of Turkmenistan in line with international standards and modern requirements. Tremendous work has been done in this field, and it continues.
The Turkmen leader said that our citizens, experts, researchers, political parties and public organisations, bodies of power and the elders were taking an active part in the work on improvement of the Constitution.
President of Turkmenistan Gurbanguly Berdimuhamedov said that taking into consideration the work done, we thought it appropriate to discuss once again the key issues related to the improvement of the Constitution of our country.
The floor was given to Mary Velayat Hyakim B. Annagurbanov. Speaking at the meeting, he emphasized that the Constitution of independent Turkmenistan was a reliable guarantee of the legal protection of an individual declared the highest value of the state and society.
Speaking at the meeting, Chairman of the Supreme Court B. Charyev noted that specialists of the national judicial system fully supported the Turkmen leader’s proposals for improvement of the Constitution and the national legislation as a whole in the framework of the reforms taking place in the country and took the most responsible approach to fulfilling the task set in this field by the Turkmen leader Gurbanguly Berdimuhamedov.
The floor was given to Director of Turkmen National Institute for Democracy and Human Rights under President of Turkmenistan G. Hallyev who reported on the fulfilment of the Turkmen leader’s instructions to improve the Basic Law.
The articles on the protection of sovereignty, independence of Turkmenistan, its territorial integrity and the protection of the constitutional order were added to the draft Constitution
The main objective of the reforms taking place in the country is to improve the jural state, galvanize civil society and deepen democratic processes. Incorporating the provisions on the multi-party system that comply with the international standards in the field of civil and political rights to the draft Basic Law is to contribute to strengthening democratic institutions in the country.
With the view to implement the Turkmen leader’s initiative to introduce the institution of ombudsman in our country as well as the instructions given by the leader of Turkmenistan at the meeting with members of the Parliament that took place on January 11, the international practices in this field are being studied thoroughly.
Speaking at the meeting, Prosecutor General A. Hallyev emphasized that our Motherland was moving with confidence along the path of progressive social, economic and democratic reforms. He assured that prosecutor’s offices of Turkmenistan jointly with the military and law enforcement agencies would make every effort to maintain law and order in the country, protect the rights and freedoms of citizens, further strengthen the legal and regulatory framework and improve national laws.
Speaking at the meeting, Chairman of the Democratic Party K. Babaev emphasized that the unprecedented reforms taking place in all spheres of life of the state and society and the measures taken to deepen democratic processes, strengthen legal culture and improve the Constitution were aimed at ensuring the wellbeing of the people and every citizen.
Large-scale work was done to collect, review and summarize the proposals for improvement of the Constitution from activists of public organisations, the public, specialists in various fields and experts. This work was carried out in close cooperation with deputies of Mejlis, representatives of velayat, etrap and town halk maslahaty, hyakimliks, educational and research institutions, political parties and public organisations.
Minister of Justice B. Muhamedov emphasized that specialists from the Ministry of Justice had studied the main provisions of the constitutions of different countries so as to learn about international practices in this field as part of the activities of the commission at Mejlis responsible for summarizing the proposals for amendments and additions to the Constitution of Turkmenistan.
The floor was given to Chairperson of Mejlis A. Nurberdyeva who noted that the ambitious reforms taking place in the country were enthusiastically and unanimously supported by citizens. The work on the draft Constitution of Turkmenistan continued in the framework of progressive reforms implemented at the initiative and under the leadership of President of Turkmenistan Gurbanguly Berdimuhamedov.
The instructions taken by the Turkmen leader at the meeting of the Elders Council and the proposals submitted were taken into consideration when drafting the Basic Law.
The Chairperson of Mejlis noted that the incoming proposals illustrated the nationwide support of the prudent programmes adopted by the Turkmen leader in the interests of the people. All the proposals submitted were thoroughly reviewed by members of the working commission at Mejlis, summarized and taken into consideration. Along with the new articles with amendments and additions incorporated into the draft Constitution, a new section was created.
The President commented on the reports of the members of the Commission and delivered a keynote speech.
The Turkmen leader noted that Turkmenistan applied the policy of positive neutrality to international relations. The legal status of permanent neutrality of our sovereign state has twice been recognized by the Resolutions of the UN General Assembly.
Turkmenistan is the only country in the world that has reflected this Resolution in its Basic Law. The Turkmen leader said that we therefore intended to give greater significance to these historic Resolutions by setting forth more clearly the status of permanent neutrality of our country in the Constitution.
In this context, President Gurbanguly Berdimuhamedov underscored the appropriateness to set forth the provisions on the legal status of neutrality of our state in a new article of the Constitution. The Turkmen leader said that for this purpose it would be appropriate to set forth in Article 2 of the Basic Law that Turkmenistan had the status of permanent neutrality in accordance with the law.
The Turkmen leader said that the Basic Law contained the provisions that laid the foundations of the rights and freedoms and responsibilities of an individual and a citizen. In this regard, it was important to continue to work towards improving the articles concerning human rights, taking the proposals submitted into consideration, consider them through the prism of international practices and thoroughly study the fundamental documents of international organisations. The Turkmen leader said that it was necessary to once again consider the proposals for further consolidation of human and civil rights in the Constitution.
In this context, President Gurbanguly Berdimuhamedov emphasized that Turkmenistan, being a party to the major conventions on human rights and freedoms, was actively implementing the standards of these international instruments into national legislation. The Turkmen leader underscored the appropriateness to give greater significance to this issue in the new Constitution of our country that should contain the modern standards in the field of human rights and freedoms.
In Turkmenistan, close attention is paid to private sector promotion; broad prospects for effective entrepreneurial activities are opened up. In this context, the Turkmen leader said that he thought it appropriate to ensure that the Basic Law should guarantee every person the right to freely use his or her abilities and property to carry out entrepreneurial activity and carry out other economic activity not prohibited by law.
President Gurbanguly Berdimuhamedov noted that the crucial objectives included the concretisation of the role and authorities of all branches of power, the creation of an enabling legal environment so that these bodies would serve the people. For this purpose the issue relating to the introduction of amendments to the section that established the constitutional and legal foundations of the system of state power in Turkmenistan had been considered thoroughly. National and international practices in governing the state and society and numerous submitted proposals were taken into consideration. These proposals were widely supported by the Elders Council and members of gengesh and halk maslahaty.
The Turkmen leader said that it was proposed to incorporate the provisions in the Basic Law which would state that if the head of state was unable to perform the duties, the Chairperson of Mejlis of Turkmenistan shall perform such duties until the President was elected. The President said that this proposal had been supported by the elders and specialists, noting that he thought it appropriate to adopt the final decision on this issue after the draft Constitution had been publicly discussed.
The Turkmen leader emphasized that the status of the local representative and executive bodies of power and local government system should be revised as part of the work on improvement of the Constitution of our country.
President Gurbanguly Berdimuhamedov drew attention of the participants in the meeting to the proposal for an expanded and detailed description of the authorities of halk maslahaty in the new Constitution. The Turkmen leader said that it would be appropriate to incorporate the provisions into the Basic Law which would state that halk maslahaty should approve the local budget and the report on its implementation, contribute to the protection of the rule of law and public order and the exercise of rights and legitimate interests of citizens.
In addition, it was proposed to incorporate the constitutional norms into the Basic Law which would state that halk maslahaty should hear the reports of executive bodies, namely heads of hyakimliks, on the work done on economic, social and cultural development of the relevant territory as well as the decisions of halk maslahaty should be implemented on the relevant territory. The Turkmen leader said that the incorporation of these provisions into the Constitution would increase the legal status of the local representative bodies of power.
In this context, the President emphasized that it would be appropriate to set forth in the new Constitution that the authorities of local government should be delegated to local representative and executive bodies. It was proposed to specify the goals and objectives of local governments in the Basic Law which would allow enhancing their role in the society.
The activities of gengesh – the bodies of local government that act independently on the territory of their administrative authorities – should be brought to a higher level. In this context, the Turkmen leader emphasized that this approach would, first of all, encourage activity of citizens by creating wide opportunities for their active participation in the life of their villages and towns.
The President said that the new Basic Law included 143 articles that contained the specific provisions, of them 28 were the new articles and 80 were the articles with amendments or new provisions.
The proposals that will be submitted after the promulgation of the draft Constitution should be thoroughly studied and the new Basic Law should be worked out. The final draft of the new Constitution must be submitted to deputies of Mejlis for adoption at the Elders Council that will be held in Ashgabat this year.
The main task for today is to work towards introducing amendments and additions to the Constitution of Turkmenistan. The Turkmen leader said that the new Basic Law should be discussed with the active participation of all citizens and it was necessary to prepare thoroughly for its adoption. The President instructed deputies of Mejlis of Turkmenistan to carry out this work in a proper and timely manner.