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LAW OF TURKMENISTAN

of March 31, 2012

About elections of members Hulk of maslakhata and Gengesha

This Law governs the relations connected with preparation and elections of members velayatsky, etrapsky, city Hulk of maslakhata and Gengesha and establishes guarantees of ensuring free declaration of will of citizens of Turkmenistan on elections.

Chapter I. GENERAL PROVISIONS

Article 1. Bases of the electoral system

1. According to the Constitution of Turkmenistan elections of members Hulk of maslakhata of the welayat, the city with the welayat rights (further - velayatsky Hulk of maslakhata), the etrap, the city with the etrap rights (daleeetrapsky, city Hulk of maslakhata), members Gengesha the cities in the etrap, the settlement and the gengeshlik are performed on the basis of general, equal and direct suffrage in case of secret vote on alternative basis.

2. Elections of members velayatsky, etrapsky, city Hulk of maslakhata, Gengesha are carried out on single-candidate constituencies.

3. The election campaign is performed on the basis of free and equal promotion of alternate members Hulk of maslakhata, Gengeshy, publicity and openness, freedom of propaganda, equal opportunities for all candidates.

Article 2. Legislation of Turkmenistan on elections of members Hulk of maslakhata and Gengesha

1. The legislation of Turkmenistan on elections of members Hulk of maslakhata and Gengesha is based on the Constitution of Turkmenistan and consists of this Law and other regulatory legal acts of Turkmenistan.

2. If international treaties of Turkmenistan establish other rules than provided by this Law, then rules of international treaties are applied.

Article 3. Universal adult suffrage

1. Elections of members Hulk of maslakhata, Gengeshy are general. The citizens of Turkmenistan who reached age of eighteen years have to choose the right.

2. Any straight lines or indirect restrictions of the voting rights of citizens of Turkmenistan depending on nationality, races, floor, origin, property and official capacity, the place of residence, language, the relation to religion, political convictions, party accessory or lack of belonging to any batch are forbidden.

3. The citizens recognized by court incapacitated, persons serving sentence in places of detention do not participate in elections. Restriction of the voting rights of citizens in other cases is not allowed and attracts the responsibility established by the legislation of Turkmenistan.

Article 4. Equal suffrage

All voters have the right to participate in elections on an equal basis, each voter has one voice.

Article 5. Direct suffrage

Elections are straight lines, members Hulk of maslakhata, Gengeshy are elected citizens directly.

Article 6. Secret vote

Vote on elections is secret, control of declaration of will of voters is not allowed.

Article 7. Calling of an election. Announcement of the beginning of the election campaign

1. Elections are appointed by Majlis of Turkmenistan not later than three months before the expiration of powers of members Hulk of maslakhata, Gengeshy.

2. The resolution on calling of an election is subject to official publication in mass media not later than in five days from the date of its acceptance.

3. The central commission on elections and referenda in Turkmenistan (daleetsentralny electoral commission) not later than seventy days till the election day announces the beginning of the election campaign. This information is brought to the general attention through mass media.

Article 8. Ensuring elections

1. Preparation and elections are provided by the electoral commissions formed according to the legislation of Turkmenistan.

2. By preparation and elections the electoral commissions within the competence are independent of public authorities and local self-government.

3. Intervention in activities of the electoral commissions of public authorities and local self-government, political parties, public associations, organizations, the organizations, the companies, and also officials and citizens is not allowed.

Article 9. Publicity of the electoral process

1. The electoral commissions perform preparation and elections openly and publicly.

The electoral commissions inform citizens on the structure, the location and the carried-out work, the registered alternate members Hulk of maslakhata, Gengesha and their bio data, results of vote on each candidate and results of elections.

2. Authorized representatives of candidates, national observers, observers of foreign states, the international organizations (daleeinostranny (international) observers) can perform observation of elections.

3. The citizen of Turkmenistan having the voting rights except heads of public authorities and local self-government, judges, prosecutors, members of the electoral commissions, candidates can be the national observer.

4. The right of appointment of national observers belongs to the political parties, public associations and groups of citizens which proposed the registered candidates.

Appointment of national observers is performed by political parties, public associations at meetings of their local authorities and at meetings of the groups of citizens which proposed the candidate registered by the electoral commission.

National observers at elections of members Hulk of maslakhata of welayats are registered the relevant electoral commission of the welayat, city with the welayat rights (the daleeizbiratelny commission of the welayat), and in case of elections of members Hulk of maslakhata of etraps, cities, Gengesha - the electoral commission of the etrap, city with the etrap rights (further - the electoral commission of the etrap, city). The certificate of the established sample is issued to them.

5. Official accreditation of foreign (international) observers at availability of the invitation is performed by Central Election Commission. Their activities are regulated by this Law and other regulatory legal acts of Turkmenistan, the universally recognized norms of international law.

Invitations can be sent by the President of Turkmenistan, Central Election Commission after day of calling of an election.

The Central Election Commission issues to the foreign (international) observer the certificate of the established sample.

The electoral commissions, public authorities and local self-government, officials within the competence render necessary assistance to the foreign (international) observer. The foreign (international) observer performs the activities independently and independently. The expenses connected with implementation of its activities are born by the foreign (international) observer or the party which directed it.

Foreign (international) observers have no right to perform the activities which are not connected with observation of preparation and elections. The Central Election Commission can cancel accreditation of the foreign (international) observer in case of violation of this Law and other regulatory legal acts of Turkmenistan, the universally recognized norms of international law by him.

6. The rights of observers on observation of elections begin from the date of their registration and stop in day of official publication of election results.

7. Observers, authorized representatives of candidates have the right:

1) to meet representatives of political parties, public associations, groups of citizens, candidates, observers, voters;

To watch 2) the course of preparation and elections, observance of the electoral laws of Turkmenistan;

3) to state the opinion concerning the electoral laws

Turkmenistan, process of preparation and elections;

4) to get acquainted with the electoral register;

5) to be present at meetings of the electoral commissions;

6) to be present when sealing the ballot boxes, to watch early voting, vote out of the room for vote, vote on the polling precinct in the election day;

To watch 7) issue of ballots;

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