Legal framework

Constitutional provisions

Citizens have the right to set up political parties and other public associations acting within the framework of the Constitution and laws (Art. 28 of the Constitution, adopted on May 18, 1992). Associations of citizens enjoy the right to private property with an exception for objectives being an exclusive property of the state (Art. 9 of the Constitution). Organizations have the right to establish paid educational institutions based on and in according to the procedure prescribed by the law (Art. 35 of the Constitution). Anyone can alone or together with the others practice any religion or do not practice any religion (Art. 11 of the Constitution). Public associations and groups of citizens have the right to nominate their candidates in accordance with the election law (Art. 93 of the Constitution).

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Legal framework

Constitutional provisions

Citizens have the right to set up political parties and other public associations acting within the framework of the Constitution and laws (Art. 28 of the Constitution, adopted on May 18, 1992). Associations of citizens enjoy the right to private property with an exception for objectives being an exclusive property of the state (Art. 9 of the Constitution). Organizations have the right to establish paid educational institutions based on and in according to the procedure prescribed by the law (Art. 35 of the Constitution). Anyone can alone or together with the others practice any religion or do not practice any religion (Art. 11 of the Constitution). Public associations and groups of citizens have the right to nominate their candidates in accordance with the election law (Art. 93 of the Constitution).

The actions of public organizations and officials committed with violation of the law or with exceeding of authorities infringing upon citizens’ rights and freedoms can be appealed in the court (Art. 40 of the Constitution). Illegal actions of organizations and their employees, which caused material and moral damage to citizens, are subject to the right to compensation of damage under the court order (Art. 41 of the Constitution).

Primary legislation

The Saparmurad Turkmenbashi’s Civil Code of Turkmenistan (Adopted by the Law dated July 17, 1998).

The Law of Turkmenistan “On Public Associations” (Adopted on October 21, 2003 and enacted on November 20, 2003).

The Law of Turkmenistan “On Freedom of Conscience and religious organizations” (Adopted on October 21, 2003).

The Resolution of the Government of Turkmenistan “On state registration of projects and programs of foreign technical, financial, humanitarian assistance and grants” (Adopted on November 14, 2003).

Secondary legislation

The Rules for registration of public associations of the Republic of Turkmenistan (Adopted by a Resolution of the President of Turkmenistan on January 14, 2004).

The Procedure for registration of projects and programs of foreign technical, financial, humanitarian assistance and grants” (Adopted by a Resolution of the Government of Turkmenistan “On State Registration of Projects and Programs of Foreign Technical, Financial, Humanitarian Assistance and Grants” dated November 14, 2003).

Possible restrictions and suspensions

Human rights are inviolable and inalienable. No one can deprive a person of any of his/her rights and freedoms or limit him/her rights otherwise than by the Constitution and laws. (Art. 16 of the Constitution) The Constitution allows suspension exercise of stipulated by the Constitution citizens’ rights and freedoms only under the state of emergency or martial law in accordance to the procedure and within the limits established by the Constitution and laws. (Art. 44 of the Constitution)

The Constitution prohibits creation and activity of political parties, other public associations aimed at a violent change of the constitutional order, permitting violence in their activity, acting against constitutional rights and citizens’ freedoms, propagandizing war, racial, national, social and religious hatred, infringing on the people’s health and moral and also creation of militarized associations, political parties on the ethnical or religious basis (Art. 28 of the Constitution).

No organization has the right to seize power in the state (Art. 2 of the Constitution). Such associations as religious organizations are separated from the state and cannot perform state functions. The state educational is separated from religious organizations and has a secular character (Art. 11 of the Constitution). Participation of judges and prosecutors within the period of exercise of their authorities in political parties, public associations, which pursue political goals, is prohibited (Art. 103 and 113 of the Constitution).

Analysis is provided by the OSCE ODIHR Expert Dmitry Kabak with assistance of the OSCE ODIHR Mission in Turkmenistan, which filled in the questionnaire. The author extends his gratitude to the Ecological club “Catena” for assistance in retrieval of legal documents. The E-library of the International Center for Not-for-Profit Law at  and the legal database Blacksand Group at  were used for preparation of the entry.

Posted: April 2006

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