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LAW OF TURKMENISTAN

of August 4, 2012 No. 312-IV

About referendum

This Law governs the relations connected with preparation and holding referenda in Turkmenistan and establishes guarantees of ensuring free declaration of will of citizens of Turkmenistan on referenda.

Chapter I. General provisions

Article 1. Concept of referendum

1. The referendum (popular vote) is one of types of direct participation of citizens of Turkmenistan in implementation of the government by vote.

2. For the solution of the important tasks concerning life of society and the state national and local referenda can be held.

Article 2. Legislation of Turkmenistan on referendum

1. The legislation of Turkmenistan on referendum 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. Principles of holding referendum

1. Referenda are held on the basis of general, equal, direct suffrage in case of secret vote.

2. Citizens of Turkmenistan participate in referendum on an equal basis. Each participant of referendum has one voice.

3. Citizens of Turkmenistan vote for submitted (taken out) for referendum question (questions) or against it (them) is direct.

4. Participation of the citizen of Turkmenistan in referendum is free and voluntary.

5. Vote on referendum (further - vote) is secret.

Article 4. The participation right in referendum

1. In referendum the citizens of Turkmenistan who reached age of eighteen years have the participation right.

2. Any straight lines or indirect restrictions of the rights of citizens of Turkmenistan for participation in referendum depending on nationality, races, floor, origin, property and official capacity, the 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 referendum. Restriction of the participation rights in referendum in other cases is not allowed and attracts the responsibility established by the legislation of Turkmenistan.

Article 5. Questions of national referendum

1. The national referendum is held in all territory of Turkmenistan.

2. Questions can be submitted for national referendum:

1) about adoption of law;

2) about change or cancellation of the current law or its separate provisions;

3) about decision making, predetermining the main contents of the laws and other regulatory legal acts.

3. Questions of Frontier of Turkmenistan and borders of its administrative and territorial units cannot be submitted for national referendum; about ensuring defense and safety of Turkmenistan; about acceptance of emergency and urgent measures on protection of public order, protection of health and safety of citizens; the questions connected with position assignment and dismissal of officials; the questions concerning accomplishment of the obligations following from international treaties of Turkmenistan.

Article 6. Questions of local referendum

1. The local referendum is held in the territory of the respective city in the etrap, the settlement or the gengeshlik.

2. Questions can be submitted for local referendum:

1) about change or cancellation of the decision of Gengesh;

2) about decision making on other most important issues of local value.

3. Questions of city borders in the etrap, the settlement, the gengeshlik or the village cannot be submitted for local referendum; about acceptance of emergency and urgent measures on protection of public order, protection of health and safety of citizens; about position assignment or election and dismissal of officials of bodies of the local executive authority and local self-government.

Article 7. Right of announcement of referendum

1. The decision-making power about holding national referendum belongs to Majlis of Turkmenistan.

2. The right of purpose of local referendum belongs to the corresponding Gengesh.

3. Referenda are not held during action of emergency state.

Article 8. Ensuring holding referendum

1. Preparation and holding referenda are provided by the commissions on elections and referenda (further - the commissions of referendum) formed according to the legislation of Turkyomenistan.

2. By preparation and holding referenda of the commission of referendum within the competence are independent of public authorities and local self-government.

3. Intervention in activities of the commissions of referendum 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 holding referendum

1. The commissions of referendum perform preparation and holding referendum openly and publicly.

The commissions of referendum inform citizens on the structure, the location and the carried-out work, questions of referendum and results of referendum.

2. National observers, observers of foreign states and the international organizations (further - foreign (international) observers) can perform observation of preparation and holding referendum.

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

4. The right of appointment of national observers belongs to the political parties, public associations and groups of citizens taking the initiative about holding referendum (further - initiative group).

Appointment of national observers is performed by political parties, public associations at meetings of their local authorities, and groups of citizens - at meetings of initiative groups.

National observers are registered the relevant commission of referendum of the welayat, city with the welayat rights (further - the welayat). Certificates of the established sample are issued to them.

5. Official accreditation of foreign (international) observers at availability of the invitation is performed by the Central commission on elections and referenda (further - 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 announcement of referendum.

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

The commissions of referendum, 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 holding referendum. 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 begin from the date of their registration and stop in day of official publication of results of referendum.

7. Observers have the right:

1) to be present at meetings of the commissions of referendum;

2) to meet representatives of political parties, public associations, initiative groups of citizens, observers, citizens;

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