of January 15, 2003 No. 175-II
Gengesh is the representative body in the territory of the city in the etrap, the settlement, the gengeshlik performing functions of local self-government and consists of Gengesh's members elected the citizens of Turkmenistan living in the corresponding territories.
The procedure for education and Gengesh's activities, its relation with public authorities are determined by the Constitution of Turkmenistan, this Law and other regulatory legal acts.
Gengesh's members are elected on the basis of general, equal and direct suffrage in case of secret vote. Term of office of members of Gengesh – five years.
Gengesh's list can be ahead of schedule updated in the following cases:
according to the decision of local referendum;
according to Gengesh's decision made by the majority at least two thirds of the determined number of members of Gengesh;
in case of change of the status of the city in the etrap;
in connection with changes in the administrative-territorial device;
By Majlis Millie Gengesha of Turkmenistan new elections in cases of violation by Gengesh of the Constitution and the laws of Turkmenistan, non-execution or improper execution of the powers can be appointed.
Decision making about early updating of list of Gengesh attracts the termination of powers of members of Gengesh.
Gengesh in the activities is guided by the principles of legality, collective nature and publicity.
Gengesh and the bodies formed by him systematically inform the population on the work and the made decisions.
The main form of work of Gengesh is the session. The procedure for preparation, convocation and holding sessions of Gengesh is determined by this Law.
Gengesh's sessions are convened archyny as required, but at least two times a year. Archin also shall convene emergency meeting on demand more than a half from the determined number of members Gengesha. If archin for any reason cannot fulfill the duties, then Gengesh's secretary has the right to convene Gengesh's meeting on the issue of election of the interim manager.
Archyn Gengesha convenes the first session of new convocation within two weeks after elections, opens session and conducts it before election of new archyn.
The session is competent in the presence of at least two thirds of total number of the elected members of Gengesh.
Gengesh's session is open.
According to Gengesh's decision it can be held its closed meeting.
The protocol of session of Gengesh is constituted. The protocol of session is signed archyny and Gengesh's secretary.
Information messages about Gengesh's sessions, the decisions made by Gengesh are brought to the attention of the population.
Gengesh makes decisions within the powers conferred to him present and other laws of Turkmenistan, acts of the President of Turkmenistan.
Gengesh's decisions are made by open voting by a simple majority vote from total number of members of Gengesh.
Gengesh's decisions are led up for general data and become effective from the moment of promulgation.
Archyn of the city in the etrap, the settlement, the gengeshlik is elected from among Gengesh's members by open voting by a simple majority vote. Archyn directs Gengesh's work and is accountable to Gengesh.
After Gengesh term of office archyn keeps the powers up to election of archyn as Gengesh of new convocation.
In case of impossibility of performance archiny the job responsibilities or release it from position temporary execution of its obligations according to Gengesh's decision it is entrusted to one of Gengesh's members.
The basis for consideration of question of release of archyn from post are:
violation of the Constitution and laws of Turkmenistan;
non-execution or improper execution of the obligations;
making of the offense incompatible with his official capacity;
the introduction in legal force of conviction of kazyet concerning it.
The decision on dismissal of archyn is made by Gengesh's members open voting by a simple majority vote.
Powers of archin stop in the following cases:
impossibility of accomplishment of the job responsibilities owing to disease;
requirements at least one third of members of Gengesh;
getting out of nationality or loss of citizenship of Turkmenistan.
Archyn within the powers publishes orders.
The order of archyn can be cancelled by Gengesh at the initiative of Gengesh's members, to representation of the prosecutor or hyakim of the city, etrap.
Gengesh is legal entity, he has official stamp according to the sample approved by Majlis Millie Gengesha of Turkmenistan.
Organizational, technical and other servicing of activities of Gengesh it is provided with its device. Directs Gengesh's device archyn.
Maintenance costs of the device of Gengesh are determined by Gengesh's decision at the expense of own budgetary funds.
The approximate structure of the device of Gengesh is determined by the Cabinet of Ministers of Turkmenistan.
Is within Gengesh's competence:
recognition of powers of members of Gengesh and their early termination in cases, stipulated by the legislation;
choose archin, Gengesh's secretary, to dismiss them;
approval of maintenance costs of the device of Gengesh;
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