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Year 2024 - «Fount of Wisdom
Magtymguly Fragi
»

28 May 2015

2086

Speech the President of Turkmenistan Gurbanguly Berdimuhamedov at the Sitting of the Constitutional Commission on Improvement of the Constitution of Turkmenistan (Ashgabat, 28.05.2015)

Dear members of the Constitutional Commission of Turkmenistan!

Dear participants of the sitting!

The Constitutional Commission on improvement of the Constitution of Turkmenistan began its work last year. Today we are participating in the regular sitting of this Commission. The main goal of our present meeting is to analyze the work on improvement of the Basic Law, to generalize preliminary data and reports, to discuss activity of the Constitutional Commission for the recent period and its tasks.

Dear participants of the sitting!

The Constitutional Commission together with Mejlis of Turkmenistan, the Cabinet of Ministers of Turkmenistan, relevant ministries and branch departments, ordinary citizens of our country, political parties, public organizations and bodies of local government conducted necessary work on improvement of the Basic Law.

According to the data of Mejlis of Turkmenistan, for the last period, numerous offers arrived to enter changes and additions into the Constitution from various establishments and enterprises, organizations and citizens of our country.

This subject was on the agenda of meetings of labour collectives, in which thousands of people took part. Offers continue coming. Proceeding from it, we should discuss issues of defining areas, in which it is necessary to make changes to the Basic Law.

Dear members of the Constitutional Commission!

Dear participants of the meeting!

As we see from arriving reports and offers, the initiatives of improvement of the Constitution of Turkmenistan find national support that visually testifies that the policy on carrying out legal reforms realized by us and undertaken measures for the sake of safe life of people give the positive results.

As it was provided, the work on improvement of the Constitution is conducted with active participation of experts of a different profile, scientists, expert groups and ordinary citizens of our country.

Today thousands of offers arrived from ministries and branch departments, political parties and public organizations and velayats. Working groups are a part of the Constitutional Commission. It is necessary to continue the work based on coming offers. At their discussion, working groups were guided by the purpose of further improvement of the Constitution according to norms of international law, relying thus on national experience.

It is known that comprehensive, complex work on social and economic development of the country is being carried out. Turkmenistan permanently committed to the principle of a Permanent Neutrality, traditions of peacefulness and neighbourliness deserved high authority on the world arena. During the period, short to historical measures, our country entered the rank of states with developed economy.

Putting forward each initiative, we regard the purposes of further increasing of the international prestige of our neutral Fatherland as of paramount importance. In 1995, Turkmenistan received legal status of neutrality. Proceeding from it, the legal status of a Permanent Neutrality recognized by the UN General Assembly is fixed in the first article of the Constitution of Turkmenistan.

Our country is the only state in the world, which reflected the relevant Resolution adopted by the United Nations General Assembly in the Basic Law.

Today Turkmenistan supports asserting of universal peace, development of friendship between countries, actively participates in joint efforts on counteraction to the threats and calls constituting danger to progress of humankind. We put forward historical initiatives in these areas.

Considering coming suggestions on further strengthening of legal status of a neutrality in the Fundamental Law, and for attaching of special importance of the historical Resolution on a Permanent Neutrality of our country, I consider it expedient to state the defining legal status of neutrality in new article, part 4 of article 1 in the Constitution of Turkmenistan. I am sure that this offer will get broad support.

Dear participants of the meeting!

Having put forward the «State for People!» slogan, we successfully realized large-scale measures for ensuring social security of citizens of our country. As I underlined as earlier, we will continue the begun work, so that each person would live happily, being full of enthusiasm, following the principles of a healthy lifestyle.

We spread construction of modern houses meeting international standards, unprecedented by rates and scales, for our citizens. The cost of medical care, municipal services and public transport is available to the population of the country.

In beloved Fatherland, provision of pensions of the senior generation is fully adjusted. Elderly people, young families, mothers get state benefit payments; there are also other privileges for our people.

Our main principle is based on humanity and justice. I underlined earlier that it would be correct if this unprecedented practice in the world found reflection in standards of the Constitution. Coming offers clearly demonstrate that the policy pursued by us finds full support of people.

In the country, all conditions are created for formation of modern democratic society. Thanks to the realized weighed domestic and foreign policy, science and technology are progressively developing: political rights of citizens are strictly observed, large-scale work focused on entry of Turkmenistan the rank of advanced states of the world is carried out. Much attention is also paid to youth policy. These issues occupy special place in programmes of development of our country.

Considering the information provided by the working groups of Mejlis of Turkmenistan, we think that it will be correct to put the norms, stating that our country promotes scientific and technical progress and supports international cooperation in this area in the first section of the Constitution, realized state scientific and technical strategy proceeds from interests of society and each citizen.

Along with it, we consider that entering of the norms guaranteeing recognition of multi-party system in Turkmenistan, creation of necessary conditions for development of civil society, an equality of each public association before the law into this section will meet requirements of today.

We also consider expedient to introduce the articles including the new norms and principles reflecting pursued state policy in the sphere of protection of rights and freedoms of youth, our work of historical importance aimed at a long-term period.

Dear participants of the meeting!

The constitutional reforms have to consider the best world practices and experience accumulated in the context of national model of development. When developing laws of our country, universally recognized norms of international law have to be the priority.

We are entirely committed to political, economic and legal approaches, principles of humanity, justice, peace and cooperation put forward by the leading states of the world along the ways of advancing. It is necessary to achieve concrete reflection of these principles in the relevant articles for more active integration of our country into the system of international relations.

As is known, we recognized priority of norms of international law in Turkmenistan. We consider it expedient to put statements in the Constitution that international contracts of Turkmenistan have direct action. We have to analyze coming offers in the context of a concrete embodiment of these provisions in the Constitution of Turkmenistan. It is necessary to continue efficient work in this area.

Dear participants of the meeting!

It is expedient to continue the work on improvement of the Constitution in the context of appropriate organization of activity of public authorities and accurate formulation of their powers.

One of the major tasks is to strengthen requirements for public authorities to achieve responsible approach to public administration. It is such a difficult work. We consider that it will be correct to make additions to the Constitution accurately formulating that the main task of public authorities is protection and support of people and service to them. It will be also expedient to make additions to the existing Basic Law for fixing of the principles of rule of the law at the level of the Constitution, broad informing people on an essence and contents of adopted legal acts.

The norms, defining priority bases concerning rights, freedoms and duties of a person and citizen found broad reflection in the Constitution of Turkmenistan. Based on arrived offers, corresponding work was carried out on improvement of articles in the section where these norms are specified. These offers were considered in the context of the best international practices of thorough study of the main documents of international organizations.

It is necessary to analyze systemically reflection of the offers concerning fixing of human rights once again and to continue the work in this area in the Constitution of our country. As it was underlined earlier, we set the goal – to turn Turkmenistan into the country, where the happiest people in the world live; it demands not only high rates of social and economic development of the country, but also ensuring all-round security of people, mainly, in legal aspect.

It is suggested stating anew the relevant articles in the section of the Constitution on rights, freedoms and duties of a person and citizen in the context of the universally recognized norms of international law concerning ensuring protection and prevention of infringement of dignity of personal security. At the same time, it is necessary to affirm the rights for business activity, private property, receiving legal aid in new articles. If necessary, these offers should be considered in relation with other issues.

Recently Turkmenistan was elected in structure of the United Nations, concerning gender equality and expansion of rights and opportunities of women. It is a great honour to our country, for many years has been efficiently cooperating in various areas with authoritative international organizations.

Growing interest of international structures to Turkmenistan is a bright evidence of recognition of the work carried out in our country, guided by interests of a person.

It is expedient to formulate universally recognized basic norms in the sphere of rights and freedoms of a person, to state them in a new way, in a form, more available for understanding. It is necessary to state the rights of each person in the Basic Law more specifically.

These are the rights connected with ensuring inviolability of his private life, personal and family secrets, fixing of constitutional rights on freedom of thought and word, participation of each citizen in fair judicial proceedings, the right for environment, support of young families, favourable conditions for life and health of a person.

Guaranteeing of state security of paternity, along with a family, motherhood and childhood, is an objective reality following from equality of women and men in our country.

Putting offered new articles, changes and additions into the Constitution of our country will allow providing large-scale breakthrough in construction of democratic, constitutional and secular state in Turkmenistan. It will give a powerful impulse of implementation of positive international experience and universally recognized principles in the field of rights and freedoms of a person in the national legislation, and successful implementation of longterm programmes.

I am firmly convinced that fixing of objectives in the context of more complete and accurate definition of legislative base in norms and the principles of the Fundamental Law will promote their successful solving in many respects.

Dear participants of the meeting!

It is necessary to concretize a role of all branches of the government and their power. Considering features of a modern era, formation of a favourable legal framework for the service of these bodies to people still remains one of topical issues. It is also necessary to work over the section in which theconstitutional legal bases, systems of bodies of authority and management of Turkmenistan are fixed, namely over the essential norms stated in articles defining powers, rights and duties of the President of Turkmenistan, Mejlis of Turkmenistan, the Cabinet of Ministers of Turkmenistan, judicial authority and bodies of local government. It will be expedient to develop norms and principles connected with these issues taking considering experience of government and society, based on studying of the international experience and numerous arriving offers.

It is necessary to define accurately the rights, duties and powers of the legislative, executive and judicial authorities. It is important to solve the tasks on achievement of functioning of three branches of the government based on principles of independence, justice, openness, transparency, according to requirements of time, quickly and flexibly.

According to coming offers, it is necessary to introduce new articles in this section, to put a number of changes and additions in the existing articles; to create the Constitutional Court of Turkmenistan among the power structures executing the highest state power in Turkmenistan. Before taking of a final decision on this matter, I charge the Commission to discuss this issue once again.

In case of approval of offers on creation of the Constitutional Court of Turkmenistan, it is necessary to introduce new articles defining legal status of this court in the Constitution. I think it is possible to add articles into the Fundamental Law, defining the activity, entering competence of the Constitutional Court of Turkmenistan and its right.

Dear participants of the meeting!

As the result of the reforms for last period, article 58 was changed in the current Constitution of Turkmenistan. It defines if the President of Turkmenistan for any reason will not be able to fulfill the duties, before carrying out presidential elections temporary fulfillment of duties of the President of Turkmenistan based on of the decision of the State Council of Safety of Turkmenistan, is assigned to one of Vice-Chairmen of the Cabinet of Ministers of Turkmenistan.

After having analyzed the letters arriving from citizens, it is suggested putting forward the provisions stipulating that if the head of the state is not able to fulfill the duties, until election of the President his powers pass to the Chairperson of Mejlis of Turkmenistan. Guided by the experience, most widespread in the international practice, it is also necessary to consider the issue of changing of these provisions.

The working groups recommend analyzing offers in which it is said that if during preparation for an election of the President of Turkmenistan, functions of the Head of the state for a period of 2 months are temporarily transferred to competence of the Chairperson of Mejlis of Turkmenistan, it will completely correspond to democratic principles. Discuss these offers to make well thought over decision on the matter, if necessary, study them once again.

Dear participants of the meeting!

It is known that we set big tasks for Mejlis of Turkmenistan on prompt adoption of a significant amount of resolutions and laws.

According to current practice, the Mejlis of Turkmenistan adopts laws and resolutions at the sessions held as required. Offers on creation of the Presidium of Mejlis of Turkmenistan also came for operational solving of tasks and arising daily issues at high level.

In case of necessity, it is possible to put the norms providing creation of the Presidium organizing work of the Parliament and defining its structure in articles regulating legal status of activity of Mejlis of Turkmenistan.

As I said earlier, within work on improvement of the Constitution it is necessary to consider legal status of system of local governments according to the international practice, accurately define legal bases of financial security of their powers and property. The Commission should continue the work in this area.

It is offered to supplement fixed in the Constitution powers of Gengeshliks by new, namely offers came on introduction of regulations on establishment of taxes and definition of an order of their collection, management of subordinated property, assistance to protection of a public order.

It is offered to put norms, defining legal bases of realization of rights by Gengeshliks in the Constitution, on using additional sources of financing for organization of the activity, acquisition of property and protection of a public order in relevant territory.

We carry out relevant work on development of private business, management of relations in the sphere of property, implementation of grandiose projects, on use of modern methods of their financing, successful realization of budgetary, tax and monetary policy.

We make all efforts for development of a banking system, branches of economy, industry and realization of historical undertakings in other areas. Proceeding from it, and considering coming numerous offers, it is offered to put a new section «Economy and Financial and Credit Sphere» in the advanced Constitution of Turkmenistan.

We proclaimed the strategy, according to which national economy is based on market relations. In this context and in connection with the fact that the state realizes regulation of the economic activity, equitable to interests of a person and society, provides economic growth for wellbeing of our people, it is obviously necessary to improve market relations in economy at higher level.

Therefore, we consider it necessary to put norms in the new section, that the state stimulates and supports business, promotes development of small and medium business, about legal security of a taxpayer.

It is necessary to formulate the single budgetary, financial, tax, monetary and credit policy carried out in the country accurately, to specify national monetary unit, financial and credit system, the budgetary and banking system, taxes, duties and other obligatory payments, bases of obligations for their payment. Detailed statement of the norms connected with some powers of the Central bank, values declared by national property of our country, their rational use and the state protection will be expedient.

Dear participants of the meeting!

It is necessary to continue the work on specification of new articles, other changes and additions in the Constitution. Offers have to be studied considering norms of international law, experience of various countries and our national features.

It is necessary to continue the undertaken efficient measures for an explanation of this historically significant work connected with improvement of the Constitution of the country, and discussion of offers among workers, students and scientists.

I charge Mejlis of Turkmenistan with organization of meetings with the public with the assistance of deputies of Mejlis of Turkmenistan, representatives of political parties, public organizations and corresponding experts, presentations on TV channels and in other mass media. In general, it is necessary to continue activities for broad acquainting of people with the work in this area.

Dear members of the Constitutional Commission of Turkmenistan!

I suggest analyzing once again coming letters concerning improvement of the Constitution in the light of modern requirements. I consider it expedient to discuss these offers at the sitting of the Council of Elders of Turkmenistan, and then we will publish the preliminary draft Constitution in the press for an extensive discussion among all population of the country. In addition, I suggest submitting the developed final project for consideration to deputies of Mejlis, at the sitting of the Council of Elders, which will take place next year.

Ministries, branch departments and public organizations should maintain close connections with bodies of local government.

Successfully continuing this work, we will reach further development of our sovereign state, having fully provided safe and happy life of people, their freedoms.

I am deeply convinced that all of you will continue the work on fulfilling of the key tasks facing the Constitutional Commission of Turkmenistan.

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