LAW OF TURKMENISTAN

of August 9, 2002 No. 136-II

About matching of the state heads and officials on public service in Turkmenistan

This Law according to the concept of democratic transformations and the fundamental principles of state and legal strategy of the President of Turkmenistan Saparmurat Turkmenbasha, provisions of the Constitution of Turkmenistan determines legal and organizational basis of public service and matching of the state heads and officials.

Chapter 1. General provisions

Article 1. Public service

Public service is professional activity on accomplishment of the powers connected with realization of tasks and functions of the government and public administration.

Article 2. The principles of matching on public service

1. Matching of the state heads and officials in Turkmenistan is based on the principles:

1) patriotism and devoted service to Turkmenistan, its people and President of Turkmenistan;

2) professionalism and competence;

3) general availability, that is the equal right of citizens of Turkmenistan to access to public service and promotion on public service according to their capabilities and professional training, irrespective of nationality, origin, property and official capacity, the residence, the relation to religion;

4) publicity, accounting of public opinion, including labor collective;

5) obligation of execution of decisions of the higher state bodies and officials accepted within their powers;

6) the personal liability for execution of service duties;

7) succession of high ideological and moral qualities in several generations.

Article 3. Main objectives of the state heads and officials

The following tasks are assigned to the state heads and officials:

strengthening of independence, neutrality of Turkmenistan and achievement of firmness of bases of statehood;

carrying out in life of domestic and foreign policy of Turkmenistan;

ensuring unity, unity and stability in society;

protection of national interests of Turkmenistan;

ensuring compliance with the Constitution of Turkmenistan, laws of Turkmenistan, acts of the President of Turkmenistan, decisions of the Cabinet of Ministers of Turkmenistan and other regulatory legal acts;

ensuring realization of the rights and legitimate interests of citizens and legal entities.

Article 4. Legislation on matching of the state heads and officials

The legislation on matching of the state heads and officials consists of the Constitution of Turkmenistan, this Law, other laws of Turkmenistan, acts of the President of Turkmenistan, other regulatory legal acts of Turkmenistan.

Chapter 2. Management official of Turkmenistan

Article 5. The president of Turkmenistan - the management official of Turkmenistan

1. The president of Turkmenistan is head of state and the executive authority, the management official of Turkmenistan, acts as the guarantor of national independence, territorial integrity, observance of the Constitution and international agreements.

2. The citizens of Turkmenistan who made big personal deposit in formation and development of modern national statehood of Turkmenistan, strengthening of independence and neutrality of Turkmenistan, the consolidation of unity and unity of the people of Turkmenistan and also sustained, the courageous and vigorous, showing high dedication, having the steady outlook created on the basis of historical heritage, experience and spiritual traditions of ancestors, able to overcome difficulties enjoying high authority in society and the state and being example of patriotism, fair and devoted service to the Homeland and the people can be proposed as presidential candidates of Turkmenistan in case of observance of provisions of article 55 of the Constitution of Turkmenistan.

3. The decision on nomination of candidates for election of the president of Turkmenistan is made by National council of Turkmenistan.

The candidate for president of Turkmenistan makes the program before National council and on the recommendation of members of National council on alternative basis is elected directly the people of Turkmenistan.

The president of Turkmenistan enters position immediately after bringing of the oath at meeting of National council.

The president of Turkmenistan annually submits to National council the report on public affairs and on execution of the obligations.

In case of violation by the President of Turkmenistan of the Constitution and the laws of Turkmenistan National council can express no confidence in the President of Turkmenistan and bring up question of its shift for popular vote.

Chapter 3. State officials. Government employees

Article 6. State officials

1. The state official of Turkmenistan is the citizen of Turkmenistan who is holding the state position with the amount of powers established for it and certain level of responsibility and having the right based on the law to make the decisions connected with implementation of tasks of public service.

2. The state positions are:

1) Chairman of the Cabinet of Ministers of Turkmenistan;

2) vice-chairman of the Cabinet of Ministers of Turkmenistan;

3) minister, deputy minister;

4) chairman of the state committee, vice-chairman;

5) the head of organization and organization in case of the President of Turkmenistan and the Cabinet of Ministers of Turkmenistan, deputy managers;

6) head of public institution and organization of Turkmenistan, deputy manager;

7) chairman of the board of the national, state and commercial, commercial bank and its deputy;

8) head of state concern, corporation, association, production association and its deputy;

9) editor-in-chief of the central, velayatsky newspaper and magazine;

10) rector, vice rector of higher educational institutions;

11) ambassador, consul and diplomatic representative;

12) hyaky welayat, etrap, city, deputy of hyakim;

13) deputy of Majlis of Turkmenistan;

14) judge;

15) archyn;

16) prosecutor;

17) administrative board of Armed Forces, Border troops, bodies of homeland security and internal affairs of Turkmenistan.

By the president of Turkmenistan heads and other executive bodies and public administration can be carried to the state officials.

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