LAW OF TURKMENISTAN

of September 25, 2010 No. 138-IV

About elections of members Hulk of maslakhata and Gengesha

This Law governs the relations connected with preparation and elections of members velayatsky, etrapsky, city Hulk of maslakhata and Gengesha and establishes guarantees of ensuring free declaration of will of citizens of Turkmenistan on elections.

Chapter I. General provisions

Article 1. Bases of the electoral system

1. According to the Constitution of Turkmenistan in the territory of the welayat, the city with the rights of the welayat, etrap, city with the etrap rights elections of members Hulk of maslakhata, and the cities in the etrap, the settlement and the gengeshlik - members Gengesha are performed by citizens of Turkmenistan on the basis of general, equal and direct suffrage in case of secret vote on alternative basis in each district.

2. Elections of members velayatsky, the cities with the rights of the welayat (daleevelayatsky), etrapsky, the cities with the etrap rights (further - etrapsky, city) Hulk of maslakhata, Gengesha are carried out on single-candidate constituencies. One member is elected from each constituency.

3. The election campaign is performed on the basis of free and equal promotion of alternate members Hulk of maslakhata, Gengeshy, publicity and openness, freedom of propaganda, equal opportunities for all candidates.

Article 2. Legal basis of the electoral system

1. The legal basis of the electoral system is determined by the Constitution of Turkmenistan, 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. Universal adult suffrage

1. Elections of members Hulk of maslakhata, Gengeshy are general. The citizens of Turkmenistan who reached by the election day of age of eighteen years have to choose the right.

2. Any straight lines or indirect restrictions of the voting rights of citizens of Turkmenistan 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 prohibited.

3. The citizens recognized by court incapacitated, persons serving sentence in places of detention do not participate in elections. Restriction of the voting rights of citizens in other cases is not allowed and attracts the responsibility established by the legislation of Turkmenistan.

Article 4. Equal suffrage

All voters have the right to participate in elections on an equal basis, each voter has one voice.

Article 5. Direct suffrage

Elections are straight lines, members Hulk of maslakhata, Gengeshy are elected citizens directly.

Article 6. Secret vote

Vote on elections is secret, control of declaration of will of voters is not allowed.

Article 7. Calling of an election

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

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

3. The central commission on elections and referenda in Turkmenistan not later than 70 days till the election day announces the beginning of the election campaign.

Article 8. Ensuring elections

1. Preparation and elections are provided by the electoral commissions formed according to the legislation of Turkmenistan.

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

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

Article 9. Publicity of the electoral process

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

The electoral commissions inform citizens on the structure, the location and the carried-out work, the registered alternate members Hulk of maslakhata, Gengesh and their bio data, on results of vote on each candidate and results of elections.

2. Observers and authorized representatives of candidates have the right to be present at meetings of the electoral commissions, at sealing the ballot boxes, early voting, vote out of the room for vote, at the polling precinct in ballot day, counting of votes, at determination of election results and leading of general results of elections, to perform observation of the course of preparation and elections, of observance of the electoral laws and voting procedure in the election day.

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, candidates can be the national observer.

4. Political parties, public associations have the right to appoint national observers. Their powers are confirmed by the relevant document.

National observers are registered corresponding velayatsky, etrapsky, City Elections Commission. Their powers begin from the date of their registration and come to an end in day of official publication of election results.

5. Official accreditation of observers of foreign states, the international organizations (further - foreign (international) observers) in the presence of the invitation is performed by the Central commission on elections and referenda in Turkmenistan. Their activities are regulated by this Law and other legal acts of Turkmenistan, the universally recognized norms of international law.

Invitations can be sent by the President of Turkmenistan, the Central commission on elections and referenda in Turkmenistan after day of calling of an election.

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