CENTRAL COMMISSION FOR HOLDING ELECTIONS AND REFERENDUMS IN TURKMENISTAN
During in the Era of Revival of the new epoch of the powerful state under the wise leadership of Hero Arkadagly Serdar reforms aimed at strengthening the legal framework of Turkmenistan political, economic, social and other rights of citizens and civil society are being consistently implemented. These reforms are aimed at further democratization of the country’s socio-political life, improvement of civil society institutions, widespread introduction of modern practice of holding elections and development of local governments. Every citizen of Turkmenistan is provided with broad opportunities and legal guarantees for free choice and election to representative authorities and local self-government bodies.
In our Independent, permanently Neutral Turkmenistan effective work is being carried out to improve national legal norms that guarantee one of the most important political rights of citizens – to vote and be elected and on this basis promote greater democratization of society.
Electoral right – is one of the most important political rights of a citizen. The principles of electoral law originate in the Basic Law of our country. Electoral right – is a system of legal norms governing public relations related to elections to state and local government bodies. The system of guarantees of the electoral right of citizens of Turkmenistan consists of legislative, legal, economic, organizational and informational guarantees.
Electoral right – is the right of citizens to elect and be elected to state authorities. The electoral right of citizens of Turkmenistan consists in the right of citizens of Turkmenistan to participate in elections and referendums provided for by the Constitution and laws of Turkmenistan. Electoral right is exercised through free, fair and broadly democratic elections and referendums. From this point of view, elections are a fundamental source of democratization of society.
Citizens with the right to vote have active and passive suffrage: The active suffrage of citizens – is the right to vote. Passive suffrage is the right – of citizens to be elected. In some cases, citizens use these rights at the same time. If a citizen who has the right to vote is nominated and registered, he can exercise both his active and passive rights at the same time.
Citizens who have been declared legally incompetent by a court, as well as persons serving punishment in places of deprivation of liberty, do not participate in elections. In other cases, restriction of citizens’ electoral rights is not allowed and entails liability established by the legislation of Turkmenistan.
The Constitution guarantees the basic provisions of the electoral rights. The electoral rights of citizens are determined in an expanded manner on the basis of the Electoral Code. The electoral rights of citizens arise in relations related to the preparation and holding of elections of the President of Turkmenistan, deputies of the Mejlis of Turkmenistan, members of the Halk maslahaty and Gengesh, as well as referendums.
Citizens have equal rights, both directly and through their elected representatives, regardless of nationality, race, gender, origin, property and official status, place of residence, language, attitude to religion, political beliefs or other circumstances. The principle of equal rights of citizens, based on the Constitution of Turkmenistan is based on the norms of Article 1 of the Universal Declaration of Human Rights: “All people are born free and equal in dignity and rights”, Article 7: “All people are equal before the law and have the right, without any distinction, to equal protection of the law”.
The restriction of citizens’ electoral rights is prohibited by law. This right is related to politics, including the electoral rights of citizens. According to the Basic Law, citizens of Turkmenistan have the right to participate in the management of public and state affairs, to choose and be elected directly, as well as through their freely elected representatives.
Guarantees of the electoral rights of citizens of Turkmenistan – are measures aimed at creating conditions for effective participation of citizens in elections established by the Constitution and laws of Turkmenistan, generally recognized norms of international law. Also, in order to ensure legal guarantees of electoral rights of citizens in accordance with Article 91 of the Electoral Code of Turkmenistan, liability for violation electoral rights of citizens is guaranteed.
In accordance with Article 20 of the Electoral Code of Turkmenistan, local government bodies, political parties, public associations, institutions, organizations, enterprises and officials are obliged to assist election commissions in the exercise of their powers, provide free of charge, in the manner established by the legislation of Turkmenistan, the premises, equipment, transport and information necessary for their activities related to the elections and referendum, consider questions posed by the election commission and no later than within three days, provide answers to them and it should be noted that as a result, all this has a positive effect on the creation of more favorable conditions for the direct implementation of organizational guarantees of electoral rights. These broad opportunities to a greater extent contribute to the holding elections in conditions of equality.
The activities of the electoral system in our beloved Motherland are constantly being improved, and our country is accumulating positive experience in holding organized elections in accordance with national legislation and international standards. The electoral rights of citizens are fully ensured on the basis of the Constitution of Turkmenistan and the Electoral Code of Turkmenistan, which include generally recognized international standards for holding democratic elections.
Ensuring guarantees of citizens’ electoral rights in elections held in our country, in accordance with the law and in conditions established by generally recognized norms of international law and based on the humane initiatives of the esteemed President, testifies to the greater democratization of our society, the strengthening and triumph of unity, the cohesion of our socio-political life. That is why the prestige of our democratic, legal and secular state is increasing at the international level.
Amanov Aman,
Lawyer of apparatus of the Commission for holding Elections and referendums in Turkmenistan.