LAW OF TURKMENISTAN

of May 21, 2011 No. 193-IV

About election of the president of Turkmenistan

This Law governs the relations connected with preparation and elections of the President of Turkmenistan 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 election of the president of Turkmenistan is held on the basis of general, equal and direct suffrage in case of secret vote on alternative basis.

2. The electoral process is performed on the basis of free and equal promotion of candidates for president of Turkmenistan, publicity and openness, freedom of propaganda, equal opportunities for all candidates in holding the election campaign.

Article 2. Legislation of Turkmenistan on election of the president of Turkmenistan

1. The legislation of Turkmenistan on election of the president of Turkmenistan 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. Universal adult suffrage

1. Election of the president of Turkmenistan is 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 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, the President of Turkmenistan is 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. Announcement of the beginning of the election campaign

1. Elections are appointed by Majlis of Turkmenistan not later than six months before the expiration of powers of the President of Turkmenistan.

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 holding referenda in Turkmenistan (further - Central Election Commission) not later than three months till the election day at the meeting announces the beginning of the election campaign. This information is brought to the general attention through mass media.

4. If the President of Turkmenistan for one reason or another cannot fulfill the duties, the Majlis of Turkmenistan according to the Constitution of Turkmenistan appoints election of the president of Turkmenistan in day of transition of powers of the President of Turkmenistan to the acting president of Turkmenistan, and elections are held no later than 60 days from the date of transition of powers.

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 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 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 as a presidential candidates of Turkmenistan and their bio data, 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 for president of Turkmenistan 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 groups of citizens - at meetings of initiative groups of candidates for president of Turkmenistan.

National observers are registered the relevant electoral commission of the welayat, city with the welayat rights. Their powers are confirmed by the certificate of the established sample.

5. Official accreditation of observers of foreign states, the international organizations (further - foreign (international) observers) in the presence of the invitation is performed by Central Election Commission. 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, Central Election Commission after day of calling of an election.

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

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. The Central Election Commission can cancel accreditation of the foreign (international) observer in case of violation of this Law and other legal acts of Turkmenistan, the universally recognized norms of international law by him.

6. The rights of national and foreign (international) observers on observation of elections begin from the date of their registration and stop in day of official publication of election results.

7. Observers, authorized representatives of candidates have the right:

1) to meet representatives of political parties, public associations, groups of citizens, candidates for president of Turkmenistan, observers, voters;

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

3) to get acquainted with electoral registers;

To watch 4) early voting, vote out of the room for vote, vote on the polling precinct in the election day;

To watch 5) issue of ballots;

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

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