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CONSTITUTIONAL LAW OF TURKMENISTAN

of October 27, 1991 No. 573-XII

About independence and bases of state system of Turkmenistan

(as amended of the Constitutional Law of Turkmenistan of 09.10.2017)

The Supreme Council of Turkmenistan, realizing the will of the people expressed to them during the referendum on October 26, 1991, the Declaration on the state sovereignty of the Turkmen Soviet Socialist Republic, DECIDES:

1. Proclaim in borders of the territory of the Turkmen SSR the independent democratic state - Turkmenistan.

Independence of Turkmenistan is declared for the sake of the prime targets - findings by the Turkmen people of authentic national statehood, providing to each person, irrespective of distinctions in national, racial, social origin and religion, the rights and freedoms provided by the Constitution of Turkmenistan, the Universal Declaration of Human Rights and other rules of international law, creations of humane democratic society in which the law has command.

2. Form of government of Turkmenistan - the republic in which the carrier of the government are the people. The people perform the power directly through popular vote (referendum) and through system of representative bodies.

3. In all territory of Turkmenistan rule of the Constitution and the laws of Turkmenistan is established.

Until settlement of the interstate relations and completion of legislative reform in the legal relationship which are not regulated by the Constitution and the laws of Turkmenistan the Constitution and the laws of the USSR keep action.

4. The territory of Turkmenistan in the developed borders is inviolable and indivisible.

5. The government in Turkmenistan is performed by the principle of its separation on legislative, executive and judicial.

6. The Supreme Council of Turkmenistan according to the Constitution of Turkmenistan performs legislature.

7. Management official of Turkmenistan is the President of Turkmenistan - the head of state. The president of Turkmenistan heads the executive authority.

8. Courts of Turkmenistan are independent and submit only to the law.

9. In the territory of Turkmenistan citizenship of Turkmenistan is established. Conditions and procedure for acquisition and loss of citizenship of Turkmenistan, relation concerning nationality with other states are regulated by the Constitution and the laws of Turkmenistan. Citizens of Turkmenistan beyond its limits are under protection and protection of Turkmenistan.

The rights and freedoms provided by the Constitution and the laws of Turkmenistan, interstate agreements, rules of international law are guaranteed to citizens of foreign states, stateless persons in the territory of Turkmenistan.

10. The earth, its subsoil, airspace, water and other natural resources which are in limits of the territory of Turkmenistan and sea economic zone are national property and property of the people and form material basis to independence of Turkmenistan.

Turkmenistan has the share in all-union property, diamond, currency funds and gold stock of the USSR.

11. Turkmenistan performs transition to the market relations in economy. The property right is recognized any its forms and is equally protected by the state.

12. Turkmenistan independently determines the financial policy and cash system, will organize the state bank bodies.

13. Turkmenistan recognizes independence of the republics entering USSR, invariance of the developed borders between them, immunity and indivisibility of their territory.

14. Turkmenistan as the independent state - the equal member of the world community independently creates and realizes the foreign policy, directly enters into the United Nations and other international organizations, performs diplomatic, consular, commercial and other intercourses, exchanges the authorized representations, signs the international contracts.

15. Turkmenistan independently determines the military policy, provides territorial integrity and protection of independence, creates paramilitary groups.

Turkmenistan announces the territory free from nuclear, chemical, bacteriological and other types of weapon of mass defeat.

16. Turkmenistan shows care of national and cultural revival of the Turkmen people, national consciousness, national traditions, provides functioning of Turkmen as state.

Turkmenistan guarantees to the representatives of all nations and nationalities living in the territory of the republic, the right of their free national and cultural development.

17. Turkmenistan has the state symbols: flag, coat of arms, anthem.

18. Determine that the Constitution and the laws of the Turkmen SSR are effective before adoption of the new Constitution and the laws of Turkmenistan in the part which is not contradicting this Constitutional Law.

19. Announce national holiday - the Independence Day of Turkmenistan which to note annually on September 27, having established this day non-working.

20. This Constitutional Law becomes effective from the moment of its acceptance.

President of Turkmenistan

S. Niyazov

 

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