CENTRAL COMMISSION FOR HOLDING ELECTIONS AND REFERENDUMS IN TURKMENISTAN
As a result of humanitarian initiatives of the distinguished President, the development of our country is based on democratic principles, and our international reputation is growing every day. In recent years, in our country have been taken events on improving national legal norms, and on their basis, systematic work is being carried out to deepen the democratization of society.
On holding elections in our democratic, legal and secular state - Turkmenistan, guarantees and protection, electoral rights of citizens are ensured in accordance with the requirements of the Basic Law - the Constitution of the country, as well as the norms signed by international treaties.
An analysis of international documents shows that the electoral right of citizens is conditioned and guaranteed in accordance with the Constitution of Turkmenistan and on the basis of electoral legislation.
In our country, the electoral right of citizens is guaranteed and protected by the Constitution of Turkmenistan and the Electoral Code of Turkmenistan in accordance with international norms, which include generally accepted norms for holding democratic elections.
The fifth section of the Basic Law is called "Electoral system, referendum", and it establishes the basic, that is, general provisions for holding elections and referendums.
Also, on the basis of the Electoral Code of Turkmenistan, adopted on May 4, 2013 and came into effect on July 1 of the same year, which were later amended and supplemented, and now consisting of 3 chapters, 17 parts and 92 articles, are broadly stated provisions on elections and referendums, as well as the specifics of holding each election and referendum.
As stated in Article 9 of the Constitution, Turkmenistan recognizes the priority of the generally accepted norms of international law.
In accordance with Article 2 of the Electoral Code of Turkmenistan, if international treaties of Turkmenistan establish other rules than those provided by this Code, then the rules of international treaties are applied.
This indicates that the rights of our citizens, including their electoral rights, are guaranteed in accordance with national and international legal norms.
The legislation of Turkmenistan on elections and referendums is based on the Constitution of Turkmenistan and consists of the Electoral Code and other normative legal acts of Turkmenistan.
To regulatory legal acts related to elections in our country refers the Code of Administrative Offenses of Turkmenistan, the Criminal Code of Turkmenistan and the Labor Code of Turkmenistan.
The relevant articles of the Administrative Code of Turkmenistan determine the procedure for bringing to justice people who violate electoral rights. They consist of several articles. For example:
Article 66. Obstruction of the exercise of the electoral right.
1. Violation of the rights of citizens to familiarize themselves with the voter lists, as well as obstruction of the exercise by a citizen of Turkmenistan of the right to elect and be elected, entails the imposition of a fine on individuals in the amount of two to five, on officials - from five to eight times the base size.
2. Committing the offenses provided in part one of this article, using the privileges of an official or official position - entails the imposition of a fine in the amount of five to ten times the basic amount or administrative arrest for up to fifteen days.
The relevant articles of the Criminal Code of Turkmenistan also determine the procedure for bringing to justice for violations of electoral legislation. The following articles are cited as examples:
Article 149. Obstruction of the exercise by a citizen of the electoral right and the right to participate in a referendum.
Obstruction of the free exercise of electoral rights or the right to participate in a referendum by a citizen by violence, deception, threats, forgery, as well as bribery of voters or participation in it, will be punishable by correctional labor for a term of up to two years or imprisonment for a term of up to two years.
Article 150. Violation of the electoral right of citizens and the right of citizens to participate in a referendum.
Violation of the electoral rights of citizens and the rights of citizens to participate in a referendum by a member of an electoral commission by violating the secrecy of the vote, forging electoral documents, drawing up and issuing knowingly false documents, knowingly incorrectly counting votes or knowingly establishing incorrect voting results, knowingly incorrectly determining the results of elections, referendum, will be punishable by a fine in the amount of five to ten average monthly wages or correctional labor for a term of up to two years, or imprisonment for a term of up to one year.
The Labor Code of Turkmenistan also defines the following rules of electoral law:
Article 145. Guarantees for employees during the performance of state or public duties.
For the duration of state or public duties, if, according to the legislation of Turkmenistan, these duties can be carried out during working hours, to employees are guaranteed the preservation of their place of work (position) and average wages.
When fulfilling state or public duties, or rather electoral rights during working hours, to employees are guaranteed the preservation of their place of work (position) and average wages:
As for the regulation of electoral legislation, it should be noted that in order to regulate the procedure for ensuring the electoral rights of citizens, the Central commission for holding elections and referendums in Turkmenistan prepares guidelines, memos and regulations.
For example, recently, the Central commission for holding elections and referendums in Turkmenistan approved the following provisions: "On the procedure for the appointment and registration of observers, proxies of candidates and representatives of the media", "On the procedure for the formation of election commissions", "On the procedure for campaigning on television and radio broadcasting”, “On the procedure for financing elections and referendums ”and“ On the organization and activities of the control and audit group”.
This is a clear evidence that, on the basis of the initiatives of the distinguished President, works on regulating and ensuring the electoral rights of citizens of our country is being carried out at a modern level.
Maksat Saipov,
chief specialist of the apparatus of the Central commission
for holding elections and referendums in Turkmenistan.