Under the wise leadership of our esteemed President, historical work is underway to strengthen the legal basis of elections in our democratic, legal and secular state. As a result of amendments and additions to the Constitution of Turkmenistan, a new section entitled «Elections of members of the Halk Maslahaty» has been added to the Electoral Code of Turkmenistan. The new section includes 18 new articles. Also, there have been made amendments and additions to Article 53 of the Electoral Code. And, this is clear proof that the electoral system of our Independent, permanent Neutral state is improving.
The Constitution and the Electoral Code of Turkmenistan is the legal basis of the country's electoral system which outlines the basic principles of suffrage, as well as the rules for conducting elections.
As is known, preparatory work for the elections of the members of the Halk Maslahaty of Milli Gengesh of Turkmenistan is currently underway, and it is scheduled for March 28, 2021.
According to Article 78 of the Constitution of Turkmenistan, the Halk Maslahaty of Milli Gengesh of Turkmenistan consists of eight representatives from each velayat and Ashgabat city, and they are elected by secret ballot at the meetings of the velayat, Ashgabat city halk maslahaty. Eight members of the Halk Maslahaty are appointed by the President of Turkmenistan. Thus, the composition of the Halk Maslahaty of Milli Gengesh of Turkmenistan consists of a total of 56 members, a nominee for membership can be any citizen of Turkmenistan who has reached the age of 30 by-election day, has higher education, and has been a permanent resident of Turkmenistan for the last ten years.
Based on Article 505 of the Electoral Code of Turkmenistan, candidates for membership of the Halk Maslahaty of Milli Gengesh of Turkmenistan shall nominate velayat, etrap, and town halk maslahaty.
A person who has been convicted of a felony or who has not been remanded under the procedure prescribed by law within time before applying to membership cannot be nominated for election.
The above-mentioned legal conditions mean that every citizen of Turkmenistan has the right to be nominated for membership in the Halk Maslahaty of Milli Gengesh of Turkmenistan. This is a clear indication that our country's electoral system fully complies with the established Universal Declaration of Human Rights adopted by the United Nations General Assembly that everyone has the right to public service in his or her country.
Elections of members of the Halk Maslahaty of Milli Gengesh of Turkmenistan are provided by the Central Election Commission, the velayat, Ashgabat city election commissions, and the velayat, Ashgabat city halk maslahaty. Velayat, Ashgabat city election commissions organize, hold and summarize the voting process. Voting is organized and held under the requirements of the Electoral Code at the meeting of the velayat, Ashgabat city halk maslahaty. The venue and time of the meeting will be determined by the velayat and Ashgabat city halk maslahaty who will notify the Central Election Commission at least fifteen days before the election. Thus, elections will be held in one place in each velayat and Ashgabat city, in a total of six places across the country. It should also be noted that in the elections of the members of the Halk Maslahaty of Milli Gengesh of Turkmenistan, early voting and voting outside the polling space is considered invalid.
Elections of members of the Halk Maslahaty of Milli Gengesh of Turkmenistan are not held based on universal, direct suffrage, but based on indirect suffrage.
This means that the members of the Halk Maslahaty of Milli Gengesh of Turkmenistan are elected by members of the velayat, Ashgabat city halk maslahaty who are previously been elected by eligible citizens based on direct suffrage.
Our elections are held under democratic principles where human rights are guaranteed by law through the consideration of the political rights and gender equality of citizens.
The election season began in the first days of the year of – 2021 «Turkmenistan - Homeland of Peace and Trust» based on the result of the successful implementation of our President's prudent policy, indicating clear proof of the improvement of national legislation as well as strengthening of the legal basis of our Independent, permanent Neutral Homeland.
Geok Abayev,
jurist of the apparatus of Central Commission for Holding Elections and Referendums in Turkmenistan