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12.07.07 03:58

THE LAW OF TURKMENISTAN ON TURKMEN PRESIDENT

Chapter 1. Status of the President of Turkmenistan

Article 1. The President of Turkmenistan

1. The President of Turkmenistan is the head of state and executive power, the highest official in Turkmenistan. He acts as the guarantor of national independence as well as Turkmenistan\'s neutrality status, territorial integrity, abidance by the constitution of Turkmenistan and international agreements.
2. The President of Turkmenistan ensures the coordinated functioning of all branches of state power and the accountability of all power agencies to the people.
3. The President of Turkmenistan possesses the right of immunity. His honour and dignity are guarded by the law.

Article 2. Legal bases for the functions of the President of Turkmenistan

The legal bases for the functions of the President of Turkmenistan are the constitution of Turkmenistan, this law and other regulatory legal acts of Turkmenistan.

Article 3. Election of the president of Turkmenistan

1. The president of Turkmenistan is directly elected by the people of Turkmenistan on the basis of a popular, equal and direct electoral suffrage by secret ballot.
2. The election of the president of Turkmenistan is conducted in accordance with the law of Turkmenistan \"On the election of the president\".

Article 4. Ceremonial act of the inauguration of the president of Turkmenistan

1. The ceremonial act of the inauguration of the president of Turkmenistan and recognition of his powers is held at a session of the Halk Maslahaty in accordance with the following procedure:
1) The chairman of the central electoral commission announces the results of the voting to elect the president of Turkmenistan after elections and referendums;
2) The presiding chairman of the session of Halk Maslahaty puts to the vote the question of approving the results of the election of Turkmenistan\'s president and the recognition of the jurisdictions of the president-elect of Turkmenistan;
3) the chairman of the session of Halk Maslahaty announces the start of the inauguration ceremony of the president of Turkmenistan;
4) Guards of honour bring, under the tune of the ceremonial march, the state flag of Turkmenistan, the standard of the president of Turkmenistan, the constitution of Turkmenistan and the distinguishing emblem of the president of Turkmenistan to the assembly hall of the Halk Maslahaty.
5) The president of Turkmenistan comes to a specially equipped rostrum and a guard of honour places the constitution of Turkmenistan on its right side.
6) The president of Turkmenistan places his right hand on the constitution and takes an oath of loyalty to the fatherland and the people of Turkmenistan:
\"I swear to abide by the constitution of Turkmenistan and Turkmenistan\'s laws, to be the guarantor of the rights of all citizens of the Turkmen state;
\"to strive to achieve the inspired commitment of the people in the name of the further development of the sovereign independent Turkmen state;
\"to devote all my strengths and abilities to the unity of the Turkmen people and the protection of its peaceful life;
\"to use all opportunities so that current and future generations of Turkmens will multiply the glory of the descendants of Oguz han as well as become educated, persistent, able and honest people;
\"to direct all of my inspiration in the name of the eternal triumphs of the legacy of Saparmyrat Turkmenbashi the Great that is based on the inexhaustible spiritual heritage of the ancestors;
\"to serve the Turkmen people with faith and honesty.\";
7) The president of Turkmenistan kneels in front of the state flag of Turkmenistan and kisses the edge of the sacred banner of the fatherland;
8) The chairman of the central electoral commission accompanied by honorary elders representing the five regions of Turkmenistan presents the head of state with the certificate of the president of Turkmenistan, the standard of the president of Turkmenistan and the distinctive emblem of the president of Turkmenistan;
9) the state anthem of Turkmenistan is played to mark the ceremonial assumption of the post of president of Turkmenistan;
10) as a sign of blessing for the bright path and for the good deeds, a white felted cloth is spread out in front of the president of Turkmenistan and he is presented with a traditional Turkmen sachak, a quiver with arrows, the holy Koran and Ruhnama. The president of Turkmenistan bows to the eternal holy items of the people;
11) The president of Turkmenistan delivers a speech to the Turkmen people.
2. The guard of honour reports to the head of state about his readiness to faithfully serve the fatherland, the people and the president of Turkmenistan. The guards of honour pass in front of the president of Turkmenistan at a measured pace to the sound of the ceremonial march and salvo of the gun salute.
3. In case a person is elected president of Turkmenistan for a second term, the distinguishing emblem of the president of Turkmenistan is not presented to him repeatedly.
4. In accordance with part two of article 60 of Turkmenistan\'s constitution, the oath is made no later than 60 days from the day the powers of the president are transferred to the acting president of Turkmenistan.

Article 5. Distinguishing emblems of the president of Turkmenistan

1. The president of Turkmenistan has the standard and the distinguishing emblem of the president of Turkmenistan.
2. The description of the standard and the distinguishing emblem of the president are determined by Turkmenistan\'s laws.

Article 6. Limitations regarding the occupation of the post of president of Turkmenistan.

The president of Turkmenistan cannot be a member of Turkmenistan\'s Mejlis

Article 7. The powers of the president of Turkmenistan

1. The president of Turkmenistan:
1) brings to life Turkmenistan\'s constitution and the laws of Turkmenistan;
2) represents Turkmenistan in relations with other countries;
3) makes decisions on stopping the activities of international agreements with Turkmenistan whose ratification is not possible;
4) appoints and recalls ambassadors and other diplomatic representatives of Turkmenistan in foreign countries as well as within intergovernmental and international organizations;
5) receives the credentials and recall letters of diplomatic representatives of foreign countries;
6) addresses a Halk Maslahaty session annually on the state of the country and informs about the most important issues of domestic and foreign policy;
7) appoints the dates of referendums by the decision of Halk Maslahaty;
8) serves as the supreme commander of the Armed Forces of Turkmenistan, gives orders on general or partial mobilization, using the Armed Forces of Turkmenistan and bringing them to combat status with the consequential review by the Halk Maslahaty of the question of approving such actions;
9) appoints the high command of the Armed Forces of Turkmenistan;
10) manages the activities of the State Security Council of Turkmenistan;
11) initiates an emergency situation in the entire territory or different parts of Turkmenistan in the interests of ensuring the security of the citizens;
12) carries out pardons and amnesties;
13) decides on issues of receiving citizenship and leaving the citizenship of Turkmenistan and of offering refuge status;
14) rewards with orders of and other awards of Turkmenistan, confers honorary, military, other special state titles and distinctions;
15) introduces draft laws in the Mejlis of Turkmenistan
16) signs laws of Turkmenistan or returns them to the Mejlis with his objections in no more than two-week\'s time for a repeated discussion and vote.
17) calls early sessions of the Mejlis of Turkmenistan;
18) presents the state budget and the report on its implementation to the Mejlis for review and approval;
19) appoints and dismisses the chairman of the Supreme Court of Turkmenistan, the prosecutor-general of Turkmenistan, the interior minister of Turkmenistan and the justice minister of Turkmenistan.
20) dissolves the Mejlis of Turkmenistan ahead of schedule in cases envisaged by the constitution
21) forms the Cabinet of Ministers of Turkmenistan and its staff within one month of assuming post and heads as well as manages its activities.
22) appoints and dismisses all of Turkmenistan\'s judges
23) appoints and dismisses all of Turkmenistan\'s prosecutors
24) solves other questions related to his authority with the constitution and laws of Turkmenistan.
2. The president of Turkmenistan does not have the right to transfer the fulfillment of his authority to other agencies or officials with the exception of authorities envisaged by paragraphs two, nine and 11 of clause 55 of the constitution of Turkmenistan, which can be transferred to the chairman of Turkmenistan\'s Mejlis.

Chapter II. Acts of the president of Turkmenistan

Article 8. Acts of the president of Turkmenistan

1. The president of Turkmenistan issues edicts, decrees and orders that are binding in the entire territory of Turkmenistan.
2. The edicts of the president of Turkmenistan are regulatory legal acts that are based on and in pursuance of the constitution and laws of Turkmenistan.
3. The decrees and orders of the president of Turkmenistan are regulatory legal acts issued by the president on the basis of and in pursuance of the constitution of Turkmenistan, its laws and the president\'s edicts.

Article 9. Preparation of the draft acts of the president of Turkmenistan and their submission for review

1. The preparation of the drafts of the president\'s acts is implemented by:
1) structural departments of Turkmenistan\'s presidential cabinet
2) the Cabinet of Ministers of Turkmenistan;
3) the Supreme Court of Turkmenistan, the Prosecutor-General\'s Office of Turkmenistan;
4) central executive powers of Turkmenistan that are not part of the Cabinet of Ministers of Turkmenistan;
5) other state agencies and officials determined by the president of Turkmenistan.
2. The numeration of the edicts issued by the president is conducted for the time of his term in office. The originals of the acts and their materials are stored in corresponding structural departments of the office of the president of Turkmenistan, and they are sent to the archive of the president after the expiration of the periods set by Turkmenistan\'s legislature.
3. The supervision over the observance of the order of preparing draft presidential acts established by Turkmenistan\'s legislature is carried out by the office of the president of Turkmenistan.

Article 10. Order of implementing and publishing the acts of the president of Turkmenistan

1. Acts of the president of Turkmenistan of a regulatory legal nature come into effect from the day of their official publication or when they are conveyed to the public in another way provided they do not designate another time of their implementation.
2. Acts of Turkmenistan\'s president are published by official print agencies established by the law of Turkmenistan \"On regulatory legal acts\".
3. Presidential acts containing state secrets or other secrets protected by law are not to be published. The originals of such acts are labeled as classified and are conveyed to the agencies, organizations, institutions, officials and citizens to whom they apply in an established order.

Article 11. The order of introducing changes and additions to the acts of the president of Turkmenistan as well as their revocation

1. The introduction of changes and additions to the acts of the president of Turkmenistan is carried out:
1) by presidential edicts to presidential edicts
2) presidential decrees and orders to the decrees and orders of Turkmenistan\'s president.
2. The revocation of presidential acts:
1) revocation of edicts of Turkmenistan\'s president occur by his edicts;
2) decrees and orders of Turkmenistan\'s president are revoked by his edicts, decrees and orders.
3. In case there are differences between presidential acts that have the same legal force, the one that took effect later is to be followed provided that something else is not established by a corresponding presidential act.

Chapter 3. Government support to the president of Turkmenistan

Article 12. Government support to the president of Turkmenistan and his family members

1. The president of Turkmenistan is provided with:
1) an official flat in the capital of Turkmenistan, a country residence and residences in each regional centre of Turkmenistan, a state summer residence in the suburbs of the capital;
2) special-purpose automobile transportation, specially equipped airplanes, helicopters and trains as well as other types of specially equipped transport;
3) special means of communication;
4) salary and an annual paid holiday in keeping with established legislature of Turkmenistan;
5) medical and sanatorium-resort services;
6) formation and preservation of a personal library and an archive.
2. The housing and transport services of the president of Turkmenistan are provided by the department for the affairs of the president, the security service of the president and the Ministry of National Security in accordance with their authority.
3. The Security Service of Turkmenistan\'s president provides the president with special communications.
4. Medical and sanatorium-resort services of the president and his family are provided by the department for the affairs of the president of Turkmenistan.
5. The activities, the services and the security of the president of Turkmenistan and his family members are provided at the expense of the state budget of Turkmenistan.
6. In case of an early release of the post of president of Turkmenistan over his inability to fulfill his responsibilities due to sickness or in case of his death while he is occupying the post of president, the state support for his family is provided in keeping with article 20 of the present law.

Article 13. Security of the president of Turkmenistan

1. The security of the president of Turkmenistan is entrusted to the Security Service of the President of Turkmenistan.
2. The spouse of the president of Turkmenistan and other family members residing with the president are protected the Security Service of the President of Turkmenistan.

Article 14. Office of the president of Turkmenistan

The office of the president of Turkmenistan is a state agency that is entrusted with:
1) supporting the activities of the president;
2) promptly and thoroughly informing the president about the situation in the country;
3) unconditional and thorough fulfillment as well as supervision over the implementation of the president\'s statements;
4) carrying out other tasks set by the president of Turkmenistan.

Article 15. Consultative-advisory agencies, organizations and institutions under the president of Turkmenistan

1. Consultative-advisory agencies, organizations and other institutions are formed under the president of Turkmenistan with the aim of implementing his constitutional authority and supporting his activities.
2. The provisions on the consultative-advisory agencies, organizations and other institutions under the president of Turkmenistan are approved by the president.

Chapter 4. Discontinuation and transfer of the authority of the president of Turkmenistan.

Article 16. The discontinuation of the authority of the president

The authority of the president is discontinued:
1) from the moment a newly elected president takes office;
2) in case he is of his early release from duty over his inability to fulfil his responsibilities out of sickness in keeping with the constitution of Turkmenistan;
3) in case of the president\'s violation of the constitution and laws of Turkmenistan.
In this case, Halk Maslahaty can express distrust towards the president and introduce the question of his replacement in keeping with Turkmenistan\'s constitution;
4) For other reasons by which the president of Turkmenistan cannot fulfill his responsibilities.

Article 17. Transfer of the authority of the president of Turkmenistan

In cases of an early release, dismissal or other reasons when the president cannot fulfil his responsibilities, his authority transfers to another authorized person in keeping with Turkmenistan\'s constitution.

Chapter 5. Provision of guarantees to the president of Turkmenistan, who stopped exercising his powers, and to his family members

Article 18. The immunity of the president of Turkmenistan, who finished exercising his powers, and that of his family members

1. The president of Turkmenistan, who stopped exercising his authority (further ex-president), has immunity. Criminal and administrative charges cannot be brought against him for what he committed during his period in office, and he cannot be arrested, searched, interrogated and subjected to a personal inspection if such actions are carried out in proceedings over affairs connected to his fulfillment of the duty of the president of Turkmenistan.
The immunity of the ex-president and his family members extends to the residential and work facilities occupied by them, means of transport they use, means of communications, luggage and documents belonging to them as well as their correspondence.
2. The ex-president can be deprived of immunity in case a criminal case is launched against him over a grave crime committed by him.
Before launching a criminal case against such a person, the prosecutor-general of Turkmenistan sends a statement to the Halk Maslahaty on depriving him of his immunity.
During one month, the Halk Maslahaty of Turkmenistan reviews the issue on depriving the ex-president of his immunity taking into account the submission of the prosecutor-general, makes a decision on this matter and informs the prosecutor-general about it.
The decision of the Halk Maslahaty over whether or not to agree to deprive the ex-president of immunity is a situation that is excluded from the proceedings of the corresponding criminal case.
3. The ex-president against whom the statement was submitted has the right to take part at the Halk Maslahaty session that discusses the issue of depriving him of his immunity.

Article 19. Social state guarantees to the ex-president and his family

1. The ex-president and his family members are provided with the following state social guarantees:
1) a government flat and summer house;
2) state security at places of permanent or temporary residence in keeping with the legislature of Turkmenistan including the provision of special communications and transport service.
3) medical services, which were offered to them on the day the duties of the Turkmen president ended;
4) obligatory state insurance;
5) monthly financial support in keeping with amounts determined by the Cabinet of Ministers of Turkmenistan;
6) the use of conference halls for officials and delegations at airports and air terminals, railway stations and railway terminals as well as ports and river-boat stations;
7) carriage of postal and telegraph mail items in the category of state deliveries;
8) assistants, the order of whose activities are determined by the department for the affairs of the office of the president of Turkmenistan.
2. The expenditures of state authorities and departments, the local executive power and local administration, organizations and institutions connected to providing social guarantees to the ex-president are reimbursed from Turkmenistan\'s state budget.

Article 20. State social guarantees to the family members of the deceased ex-president

1. In case of the ex-president\'s death:
1) The arrangement of burial ceremonies and funeral rites is entrusted to the Cabinet of Ministers of Turkmenistan, and they are implemented at the expense of the state budget of Turkmenistan;
2) The members of his family, on the day of his death, are appointed monthly benefits equal to 20 times the minimal state benefits for loss of a bread-winner established by Turkmenistan\'s legislature on social benefits. The circle of family members having the right for the respective benefits and the dates of their payments are determined in keeping with Turkmenistan\'s legislature on social benefits.
2. The persons mentioned in paragraph two of the first part of this article are granted the lifelong right to use the state summer house, special communications, transport and medical services at the expense of the state budget of Turkmenistan after the death of the ex-president.

President of Turkmenistan
Gurbanguly Berdimuhamedov

© TURKMENISTAN.RU, 2018
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