CENTRAL COMMISSION FOR HOLDING ELECTIONS AND REFERENDUMS IN TURKMENISTAN
Under the wise leadership of our esteemed President at the Revival of the new epoch of the Powerful state our country is taking a confident step forward on the path of democratic development. In our democratic, legal and secular state historical works are being done to strengthen the legal basis of elections. At the international level, great achievements are being made in all sectors of our Motherland, which is recognized as one of the developed countries of the world.
In accordance with the amendments and additions to the Constitution of Turkmenistan based on our esteemed President's reasonable democratic initiatives, the legislation in force in our country is constantly being improved to a modern level. Also, within the framework of measures related to ensuring the democratic principles of the right to vote in accordance with the requirements of the modern developed world amendments and additions are made to the Election code of Turkmenistan regularly.
We asked to Aman Amanov, a lawyer of the apparatus of the Commission for holding Elections and referendums in Turkmenistan, to give a detailed account of these large-scale measures, and asked him to answer on several questions:
– Aman Sapargeldievich, if you could tell us about the Election code of Turkmenistan and the amendments and additions made to it until now.
– The Election code of Turkmenistan entered into force on June 1, 2013. The Election code regulates relations related to the preparation and conduction of referendums and the elections of President of Turkmenistan, deputies of Mejlis of Turkmenistan, members of velayat, city with velayat rights, etrap, city with etrap rights halk maslahats and gengeshes as well as it specifies the guarantees that ensure the citizens of Turkmenistan to freely express their will in elections and referendums. The Election code in force in our country consists of 92 articles and 17 chapters. As a result of amendments and additions to the Constitution of Turkmenistan, amendments and additions are also made to the Election code of Turkmenistan.
Since the date of entry into force of the Election code of Turkmenistan, a total of 9 amendments and additions have been made based on international and national practices. They include the following:
For the first time, the Election code was amended on August 16, 2014. Among the changes and additions made that year, it was determined that national observers can be appointed by the candidates in the elections, as well as the term of office of district and precinct election commissions are five years.
For the second time, the code was amended on October 15, 2016. In particular, the right of public associations to nominate candidates in elections was stopped, and the right to nominate candidates in elections was assigned only to political parties and citizens groups.
For the third time, the code was amended on January 28, 2017, more specifically, part 1 of article 78 of the Election code of Turkmenistan, stating that the information about the total of the elections should be officially published in mass media no later than 7 days.
For the fourth time, on November 25, 2017, amendments and additions were made to a total of 10 articles of the Election code of Turkmenistan, and it was determined that elections in Turkmenistan are held on the last Sunday of March.
For the fifth time, on June 9, 2018, a total of 2 articles of the Election code of Turkmenistan were amended to change the name of the relevant ministry.
For the sixth time, on December 1, 2018, amendments and additions to a total of 10 articles of the Election code of Turkmenistan were introduced.
In connection with the transition to a bicameral parliamentary system based on the adoption of the Constitutional law of Turkmenistan "On amendments and additions to the Constitution of Turkmenistan", for the seventh time, on October 24, 2020, the law of Turkmenistan on amendments and additions to the Election code of Turkmenistan was adopted. Amendments and additions to the Election code are connected with the transition of Milli Gengesh of Turkmenistan to a bicameral system. A new chapter No. 6 (VI1) entitled "Elections of members of Halk Maslahaty" was added to the Election code of Turkmenistan. The new section contains 18 new articles (501 – 5018). In addition, amendments and additions were made to 55 articles of the Election code. Also section 14 of the Electoral code has been renamed.
The code was amended for the eighth time on March 13, 2021. Based on that change, in article 4 of the Election code, in connection with the change of administrative-territorial structure, early termination of the term of the velayat, etrap, city halk maslahat, gengesh, as well as premature termination of the powers of a member of Halk Maslahaty, deputy of Mejlis, member of the velayat, etrap, city halk maslahat, gengesh, it was determined that their elections can be held in other terms as well.
Based on the adoption of the Constitutional law of Turkmenistan "On amendments and additions to the Constitution of Turkmenistan", in connection with the transition to a unicameral parliamentary system, the law of Turkmenistan on amendments and additions to the Election code of Turkmenistan was adopted for the ninth time, that is, on March 26, 2023. Amendments and additions to the Election code are related to the termination of Halk Maslahaty of Milli Gengesh of Turkmenistan and the transition of the Parliament, which exercises legislative power in our country to a unicameral system. In particular, the section VI1 containing 18 articles (501 - 5018) on the election of members of Halk Maslahaty was removed from the Election code of Turkmenistan.
As you know, this year on April 6 our esteemed President in his profoundly meaningful historical speech at the first meeting of the seventh convocation of deputies of Mejlis of Turkmenistan: In order to incorporate the experiences gathered in the elections and the world experiences into the electoral law, he ordered the drafting the Law of Turkmenistan "On amendments and additions to the Election code of Turkmenistan". Based on this, relevant works are being carried out at the Central election commission.
– Aman Sapargeldievich, could you tell us about the purpose of amendments and additions to the Election code of Turkmenistan.
– The main goal of the amendments and additions to the Election Code of Turkmenistan is to conduct elections in our beloved Country in a highly organized manner, to improve the legislative base of the electoral system in accordance with the requirements of the time, taking into account the experience gathered in the world. It also consists in observing the rights of citizens to choose and be elected in democratic conditions and to achieve the conduction of elections in the conditions of transparency, in accordance with our national laws and international norms.
As we know, in recent years systematic work on improving national legal norms and further democratization of our society has been continuously implemented in our country, at the same time, the electoral system is also being improved.
The continuous improvement of the Constitution of Turkmenistan, the Election code of Turkmenistan which includes the universally recognized international democratic norms, and the appropriate description of the amendments and additions clearly show that the elections in the country are held on the basis of democratic principles and Turkmenistan's adherence to the universally recognized international norms and democratic principles. This shows that in modern turkmen society the responsibility of citizens to implement the reforms taking place in our country is increasing and the democratic principles of the free manifestation of the will of our citizens, that is, ensuring their electoral rights are being strengthened.
Taking this opportunity, we wish to our esteemed President, who creates all the necessary conditions for democratic elections in our country, will always be successful in his great efforts, wish him sound health and long life!
– Thank you very much for your effective conversation!
H. OVEZOV recorded the interview.