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THE ELECTORAL CODE OF TURKMENISTAN

of May 4, 2013

(as amended on 13-03-2021)

This Code governs the relations connected with preparation and elections of the President of Turkmenistan, members Hulk Maslakhata and deputies of Majlis Millie Gengesha of Turkmenistan, members Hulk of maslakhata of the welayat, the city with the rights of the welayat, etrap, city with the etrap rights, Gengesha, referenda and establishes guarantees of ensuring free declaration of will of citizens of Turkmenistan on elections and referenda.

Section I. General provisions

Article 1. Bases of the electoral system

1. According to the Constitution of Turkmenistan election of the president of Turkmenistan, deputies of Majlis Millie Gengesha of Turkmenistan (further - Majlis), 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 (further - etrapsky, city Hulk of maslakhata), Gengesha and referenda are held on the basis of general, equal and direct suffrage in case of secret vote.

Elections of members Hulk of Maslakhata Millie Gengesha of Turkmenistan (further - Hulk Maslakhata) are carried out at meetings velayatsky Hulk of maslakhata on the basis of indirect voting right in case of secret vote.

Elections are held on alternative basis.

2. Election of the president of Turkmenistan, deputies of Majlis, members velayatsky, etrapsky and city Hulk of maslakhata, is held by Gengesha on single-candidate constituencies.

On elections of members of Hulk Maslakhata the territory of each welayat, city of Ashgabat is one eight-mandatory district.

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

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

4. The election campaign and campaign for holding referendum (daleeizbiratelny campaign) is performed on the basis of free and equal promotion of candidates for president of Turkmenistan, Hulk Maslakhata's members and deputies of Majlis, members velayatsky, etrapsky, city Hulk of maslakhata, Gengesha and removal of questions of referendum, publicity and openness, freedom of propaganda, equal opportunities for all candidates.

Article 2. Legislation of Turkmenistan on elections and referenda

1. The legislation of Turkmenistan on elections and referenda is based on the Constitution of Turkmenistan and consists of of this Code and other regulatory legal acts of Turkmenistan.

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

Article 3. Principles of elections and referenda

1. Election of the president of Turkmenistan, deputies of Majlis, members velayatsky, etrapsky, city Hulk of maslakhata, Gengesha and referenda is general. The citizens of Turkmenistan who reached age of eighteen years have the right to choose and participate in referendum.

2. Any straight lines or indirect restrictions of the rights of citizens of Turkmenistan to choose, be elected and to participate in referenda (further - the voting right) 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 and referenda. Restriction of the voting rights of citizens in other cases is not allowed and attracts the responsibility established by the legislation of Turkmenistan.

4. Citizens of Turkmenistan have the right to participate in elections and referenda on an equal basis. Each voter or the participant of referendum (further - the voter) has one voice.

5. Election of the president of Turkmenistan, deputies of Majlis, members velayatsky, etrapsky and city Hulk of maslakhata, Gengesha is direct, they are elected citizens directly.

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

6. Participation of citizens of Turkmenistan in elections and referenda is free and voluntary.

7. Vote on elections and referenda (further - vote) is secret. Control of declaration of will of voters is not allowed.

Article 4. Calling of an election and referenda

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

Elections of members of Hulk Maslakhata are appointed Hulk Maslakhata not later than three months before the expiration of their powers.

Elections of members of Hulk Maslakhata, deputies of Majlis, members velayatsky, etrapsky, city, members Hulk of maslakhata, Gengeshy are carried out last Sunday of March.

Due to the change of the administrative-territorial device, early dissolution velayatsky, etrapsky, city Hulk of maslakhata, Gengesha, and also early termination of powers of the member Hulk Maslakhata, the deputy of Majlis, the member velayatsky, etrapsky, city Hulk of maslakhata and Gengesha, their elections can be held in other terms.

2. The decision-making power about holding national referendum belongs Hulk Maslakhata.

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

3. Date of national referendum is established by the President of Turkmenistan, local referendum - the corresponding Gengesh.

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

5. The central commission on elections and national referenda in Turkmenistan (further - Central Election Commission) not later than seventy days till the election day or referendum announces the beginning of the election campaign. This information is brought to the attention of the population through mass media.

6. Elections and referenda are not held during action of emergency state.

Article 5. Ensuring elections and referenda

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

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

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

4. By preparation, the organization and elections innovative digital technologies can be used according to the legislation of Turkmenistan.

Article 6. Publicity of the electoral process and referendum

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

The electoral commissions inform the population on the structure, the location and the carried-out work, the registered candidates and their bio data, questions submitted for referendum, results of vote on each candidate or the questions submitted for referendum and results of elections and referendum.

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

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, initiative groups, candidates, authorized representatives of candidates can be the national observer.

4. The right of appointment of national observers belongs to political parties, public associations and groups of citizens.

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

The meeting of group of citizens to destination of national observers is competent if at least thirty citizens having the voting rights participate in it.

National observers at election of the president of Turkmenistan, referenda are registered Central Election Commission, in case of elections of members of Hulk Maslakhata and deputies of Majlis, members velayatsky, etrapsky and city Hulk of maslakhata, Gengesha - the relevant electoral commission of the welayat, city with the welayat rights (further - the electoral commission of the welayat). The certificate of the established sample is issued to them.

5. Invitations can be sent foreign (international) observers by the President of Turkmenistan, Central Election Commission after day of calling of an election, referendum.

Official accreditation of foreign (international) observers at availability of the invitation is performed by Central Election Commission. The Central Election Commission issues to the foreign (international) observer the certificate of the established sample.

Their activities are regulated by this Code and other regulatory legal acts of Turkmenistan, the universally recognized norms of international law.

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 and referenda.

6. The rights of observers begin from the date of their registration (accreditation) and stop in day of official publication of election results or referendum.

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 and referendum, compliance with law of Turkmenistan about elections and referenda (further - the electoral laws of Turkmenistan);

3) to state the opinion concerning the electoral laws of Turkmenistan, process of preparation and elections and referendum;

4) to be present at meetings, meetings held on promotion of representatives in structure of the electoral commissions and candidates at meetings of candidates with voters;

To watch 5) creation of the electoral register and participants of referendum (further – the electoral register) and to get acquainted with the list;

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

7) 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 and referendum;

8) to watch issue of ballots and bulletins of referendum (daleeizbiratelny bulletin);

9) to study in case of counting of votes any completed or blank ballot, and also to watch creation by the electoral commission of the protocol on results of vote and other documents;

To watch 10) counting of votes, the ballots, ballots recognized invalid, the extinguished ballots;

11) to get acquainted with protocols of the electoral commissions on results of vote and the documents attached to these protocols.

8. Observers, authorized representatives of candidates have no right:

1) to issue the ballot;

To fill 2) for voters the ballot;

3) to make the actions breaking the mystery of vote;

4) to take part in calculation of ballots;

5) to make the actions interfering work of the electoral commissions.

Observers also have no right to carry out election propaganda, the propaganda preceding referendum (further - propaganda).

9. Representatives of mass media have the right to be present at meetings and meetings on promotion of representatives in structure of the electoral commissions, the corresponding meetings velayatsky Hulk of maslakhata, at meetings of the electoral commissions, political parties, at meetings of groups of citizens on promotion of candidates, the initiative groups offering holding referendum, meetings of candidates with voters at sealing the ballot boxes before vote, during the vote, counting of votes on the polling precinct, establishment of election results on the district and leading of general results of elections or referendum.

Representatives of mass media are registered Central Election Commission. The certificate of the established sample is issued to them.

Mass media light the course of preparation and elections and referendum. The electoral commissions, public authorities and local self-government, political parties, public associations provide them information on questions of preparation and elections and referendum.

10. Powers of representatives of foreign mass media on illumination of the course of preparation and elections and referendum begin from the date of their accreditation by Central Election Commission and stop in day of official publication of election results and referendum.

The Central Election Commission issues to the representative of foreign mass media the certificate of the established sample.

Activities of representatives of foreign mass media are regulated by this Code and other regulatory legal acts of Turkmenistan, the universally recognized norms of international law.

11. The relevant electoral commission can cancel registration (accreditation) of the observer, authorized representative of the candidate, representative of mass media in case of violation by it of this Code and other regulatory legal acts of Turkmenistan, the universally recognized norms of international law.

12. The procedure for appointment and registration (accreditation) of observers, authorized representatives of candidates, representatives of mass media is established by Central Election Commission.

Section II. Guarantees of the voting rights of citizens of Turkmenistan

Article 7. The voting right of citizens of Turkmenistan

The voting right of citizens of Turkmenistan - the right of participation in elections and referenda provided by the Constitution and the laws of Turkmenistan.

Article 8. Realization of the voting right

1. Realization of the voting right is provided by means of carrying out free and fair elections and referenda on broad democratic basis.

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