Print   

LAW OF TURKMENISTAN ON A GENGESH

(new edition)

CHAPTER I. GENERAL PROVISIONS

Article 1. A gengesh as a representative body of people’s government

In accordance with the Constitution of Turkmenistan, a gengesh fulfils the functions of local self-government, being a representative body of people’s government in the territory of a city within an etrap, settlement or village.

The territory of one village or several villages shall form a gengeshlik, where a gengesh shall be created. In the territory of a gengeshlik there may be one or several farmer associations, joint-stock companies and cooperative enterprises functioning as business entities.

Article 2. Legislation on a gengesh

The powers, working procedure of a gengesh, its relations with other state authorities and administrative bodies shall be established by the Constitution of Turkmenistan, this Law, and other normative legal acts.

Article 3. Election of members of a gengesh

Members of a gengesh shall be elected on the basis of universal, equal, and direct suffrage by secret ballot. The term of office of members of a gengesh shall be three years.

The procedure for holding elections of members of a gengesh shall be established by the Constitution of Turkmenistan and the Law of Turkmenistan “On Elections of Members of Gengeshes.”

Article 4. Grounds for an early change of the composition of a gengesh

The composition of a gengesh may be changed early in the following cases:

- pursuant to a decision adopted at a local referendum;

- pursuant to a resolution of the gengesh supported by the majority of not less that two thirds of the established membership of the gengesh;

- following a change in a town’s status within the etrap;

- due to changes in administrative territorial division;

The Halk Maslahaty of Turkmenistan may call new elections if cases of violation by a gengesh of the Constitution and laws of Turkmenistan, failure to exercise or duly exercise its powers.

The adoption of a resolution about an early change of the composition of a gengesh shall result in termination of the powers of the members of the gengesh.

Article 5. Major working principles of a gengesh

In discharging its functions, a gengesh shall be guided by the principles of legality, collegiality and transparency and shall be accountable to the halk maslahaty of the relevant etrap or city.

A gengesh and entities formed by it shall regularly inform the population of their work and resolutions passed.

CHAPTER II. ORGANISATION OF THE WORK OF A GENGESH

Article 6. Form of work of a gengesh

The main form of work of a gengesh shall be a session. The procedure for preparing, convening, and conducting sessions of a gengesh shall be established by this Law.

Article 7. Session of a gengesh

Sessions of a gengesh shall be convened by the archin as necessary but not fewer than twice a year.

The first session of a newly elected gengesh shall be convened by the chairman of the election commission within two weeks after the elections, and he/she shall open and preside at the session until the election of the archin, whereupon these functions shall be discharged by the archin.

A session shall be deemed quorate if attended by not less than two thirds of the total number of elected members of a gengesh.

Sessions of a gengesh shall be open.

Pursuant to a resolution of a gengesh, it may hold a closed meeting.

A protocol shall be drawn up for a session of a gengesh. The protocol of a session shall be signed by the archin and secretary of the gengesh.

Informational announcements about sessions of a gengesh and resolutions adopted by a gengesh shall be made public.

Article 8. Resolutions of a gengesh

A gengesh shall adopt resolutions within the powers granted to it by this and other laws of Turkmenistan and acts of the President of Turkmenistan.

 Resolutions of a gengesh shall be adopted by means of open voting by a simple majority of vote of the total membership of a gengesh.

Resolutions of a gengesh shall be made public and come into force as of their publication.

Article 9. Archin

The archin of a city within an etrap, settlement, or gengeshlik shall be elected out of members of the gengesh by means of open voting by a simple majority of votes. The archin shall direct the work of the gengesh and shall be accountable to the gengesh.

The archin shall exercise executive power locally and shall bear responsibility directly before the President of Turkmenistan, the Mejlis of Turkmenistan, and the secretariat of the halk maslahaty of the velayat and etrap for the state of affairs in all spheres of life in the territory within jurisdiction.

Upon the expiry of the term of office of the gengesh, the archin shall retain his/her powers until the newly composed gengesh has elected its archin.

Article 10. Dismissal of archin from office

The following shall constitute grounds for consideration of dismissal of the archin from office:

violation of the Constitution and laws of Turkmenistan;

failure to discharge or duly discharge his/her responsibilities;

a committed wrongdoing, incompatible with his/her office;

coming into legal force of a convicting sentence of a kazyet in relation to him/her.

The decision to dismiss the archin from office shall be adopted by members of the gengesh by means of open voting by a simple majority of votes.

Article 11. Early termination of powers of archin

Powers of the archin shall be terminated early pursuant to a resolution adopted by means of open voting by a simple majority of votes of the total membership of the gengesh in cases of:

impossibility to discharge his/her responsibilities in office due to a disease;

a personal request to that effect;

a move to a new place of employment;

a demand of not less than one third of the members of the gengesh;

when abandoning or losing the citizenship of Turkmenistan.

Article 12. Executive orders of archin

The archin shall, within the scope of his/her powers, issue executive orders.

An executive order of the archin can be revoked by the gengesh upon the initiative of the members of the gengesh, proposal of a prosecutor or the hyakim of the city or etrap.

Article 13. Organisational, technical and other support of activities of a gengesh

A gengesh shall be a legal entity having a state seal corresponding to the standard approved by the Mejlis of Turkmenistan.

Organisational, technical and other support of activities of a gengesh shall be rendered by its secretariat. The archin shall be the head of the secretariat.

Expenses for the material provision to the secretariat shall be approved by a resolution of the gengesh and shall be covered out of its own budget funds.

The structure of the secretarial of a gengesh shall be approved by the Cabinet of Ministers of Turkmenistan.

CHAPTER III. POWERS OF GENGESH, ARCHIN, SECRETARIAT OF GENGESH, MEMBERS OF GENGESH

Article 14. Issues considered by a gengesh

Assigned to the powers of a gengesh shall be the following:

to confirm powers of members of the gengesh and to terminate them early in cases provided for by law;

to appoint and dismiss the archin;

to approve expenses for funding the secretariat of the gengesh;

to review reports about the work of the archin and memorandums of members of the gengesh on the discharge of their obligations;

to revoke executive orders of the archin;

to pass a resolution on holding of a local referendum;

to define key areas of the economic, social and cultural development of its territory;

to approve the local budget and budget implementation report;

to impose local taxes and charges and determine their collection procedure;

to set rebates on payments to own budget;

to define measures to rationally use natural resources and protect the natural environment;

to initiate requests to alter the boundaries, status or names of residential and administrative territorial units, decide on proprietary and legal issues arising thereof;

to decide on the issue of submission to the hyakimlik of the etrap of the proposal on the necessity to develop the local territory;

to improve the infrastructure of places of collective farming and gardening, recreational areas and beaches;

to exercise control over the implementation of construction regulations and observance of the requirements with regard to dependability and aesthetics during individual housing construction;

to organise construction and maintenance of roads, bridges of local importance, objects and facilities for public utilities (water pipes, gas pipes, sewerage, energy supply and heating, water reservoirs, wells, saunas, etc.) out of funds from the local budget and the population; to coordinate works with the relevant institutions to ensure an uninterrupted functioning of electricity, gas supply networks and means of communication;  

to organise work for improving the infrastructure and promoting green landscaping in the city, settlement and villages of the gengeshlik, to undertake measures to protect green zones;

to exercise control over the sanitary condition of populated units, sources of water supply, residencies, public trade and catering companies, schools and other public and cultural institutions and the nearby territories; to maintain in due condition monuments and cemeteries;

jointly with the local police to organise activities geared at combating crime and drugs, maintaining public order, respecting rights, freedoms and legally-protected interests of citizens, clarifying legislation to the population, organising activities for prevention of law-breaking and promoting active participation of local elders in public condemnation of law-breakers;

to coordinate activities of cultural institutions located in its territory, to undertake measures to expand their network, to promote indigenous arts and folklore; to assist in holding mass events related to state holidays and memorable dates;

to undertake measures to ensure appropriate functioning of schools, pre-schools institutions in the territory within its jurisdiction; to assist in fostering ties between schools and the manufacturing industry, to organise spiritual, moral and patriotic education of the youth, educational and vocational training of the youth, to organise the cultural leisure and recreation of children;

to undertake measures towards admission of children left without parental care to boarding schools and orphanages and promoting their adoption by families of citizens, to conduct activities to prevent neglect for the under-aged, to prepare proposals and the relevant materials for appointing guardians and trustees, to assist in exercising control over fulfilment of their duties;

to undertake measures to organise the work of health care institutions in providing health care services to the population, to provide for the conduct of activities geared at protection of maternity and childhood, to assist in conducting sanitary, prevention, and anti-epidemic activities;

to promote conditions for creating new jobs by way of assistance to the development of people’s arts and crafts, foundation of small enterprises for processing farm produce, rendering methodological, organisational and other support to daykhans for them to conclude agreements with local organisational units of agricultural joint-stock companies;

to exercise control over the implementation of the regulations for trade in public places;

to decide on other issues assigned to the powers of gengeshes by the legislative acts of Turkmenistan.

Article 15. Powers of archin

Archin shall:

in directing the work of the gengesh, ensure implementation of its resolutions, laws of Turkmenistan, acts of the Halk Maslahaty of Turkmenistan, the President of Turkmenistan, Mejlis of Turkmenistan, the Cabinet of Ministers of Turkmenistan, the respective velayat, etrap, or city halk maslahatys as well as executive orders of hyakims, issued within the scope of their powers;

conduct preparation for and convention of a session of the gengesh, not later than 10 days prior to the session day inform members of the gengesh about the agenda of the session, provide an opportunity to familiarise with draft resolutions of the gengesh;

preside at sessions of the gengesh;

prepare the relevant documents on issues of administrative and territorial division;

represent the gengesh in relations with state and public organisations and enterprises;

provide for the conduct of local referendums pursuant to resolutions of the gengesh as well as discussion by citizens of draft resolutions of the gengesh and other paramount issues of local and national importance;

provide for consideration of citizens’ requests;

inform the gengesh of the state of affairs in the territory within its jurisdiction and of the measures undertaken towards implementation of resolutions of the gengesh;

define and submit for consideration of the gengesh draft key areas of the economic, social, and cultural development of its territory and local budget; submit reports on the implementation of the target programs and the budget;

exercise control over facilities within municipal ownership;

render assistance to election commissions in the preparation for and conduct of elections of the President of Turkmenistan, halk vekilleri, deputies of the Mejlis of Turkmenistan, and members of halk maslahatys or velayats, etraps, cities, and gengeshes;

draft proposals and the relevant materials for presenting awards to citizens;

decide on other issues assigned to his/her powers by the legislative acts and resolutions of the gengesh.

The archin shall be the distributor of loans from the local budget and distributor for the off-budget account held by the gengesh with banking institutions.

Apart from the above-mentioned direct responsibilities as the organiser of the entire work of the gengesh as provided for by Article 14 of this Law, the archin shall distribute the rights and responsibilities among members of the gengesh assigned by the legislative acts of Turkmenistan to powers of gengeshes, and shall exercise continuous control over and render assistance towards due discharge of their responsibilities.

Article 16. Duties of the secretariat of a gengesh

In discharging its functions, the secretariat of a gengesh shall have the following duties:

1) to prepare for holding sessions of the gengesh, to develop proposals related to their agenda;

2) to provide organizational, material, and technical support to sessions of the gengesh and its other activities;

3) to put on the agenda issues to be considered by the session of the gengesh and draft documents;

4) to take into consideration and summarize proposals and comments expressed during the discussion of issues at a session of the gengesh;

5) to observe the procedure for archiving documents of the gengesh;

6) in accordance with the law of Turkmenistan, to keep records of civil status, execute notary deeds, keep accounting books;

7) to consider and decide on daily and urgent issues of the gengesh requiring immediate action;

8) to decide on other issues assigned to the responsibilities of the secretariat as far as support of the activities of the gengesh is concerned;

The work of the secretariat of a gengesh shall be coordinated by the secretary of the gengesh. The secretary of the gengesh shall be elected at its session by means of open voting by a simple majority of votes of its established membership. The secretary must be a member of the gengesh.

Article 17. Member of a gengesh

A member of a gengesh shall be a plenipotentiary representative of voters and expresser of their will and interests in the gengesh.

Powers of a member of a gengesh shall be established by the Constitution of Turkmenistan and this Law.

Powers of a member of a gengesh shall commence after the decision has been made by the gengesh to approve them and shall cease on the day when powers of members of the newly elected gengesh are approved.

A member of a gengesh shall exercise his/her powers without remuneration. For the time of sessions of the gengesh and fulfilling an instruction of the gengesh, the member of the gengesh shall be released from his/her job or office duties with compensation of expenses related to this work out of the local budget.

A member of the a gengesh shall maintain close contact with voters, regularly inform them about the implementation of the plans and programs of economic, social, and cultural development of the respective territory, participate in the organization of and control over the implementation of resolutions of the gengesh, study the public opinion, needs and requests of citizens and submit proposals to the gengesh.

Powers of a member of a gengesh shall be terminated early by a resolution of the gengesh adopted in view of coming into force of a convicting ruling of a kazyet, or at his/her own request, or when losing the citizenship of Turkmenistan.

Powers of a member of a gengesh shall be terminated early in case of abolishment of the gengesh due to a change in the administrative territorial division.

A member of a gengesh who lost the trust of voters can be recalled in accordance with the law “On Elections of Members of Gengeshes.”

A member of a gengesh shall not be dismissed from job or service upon the initiative of the administration or transferred as a result of an administrative sanction to a lower-paid job (demoted) without a prior permission of the gengesh.

A member of a gengesh shall be brought to criminal liability, arrested, or undergo administrative sanctions imposed by a kazyet with the prior permission of the gengesh.

A member of a gengesh shall be issued an identification of the established format.

Article 18. The procedure of granting by gengeshes of a permission to bring a member of a gengesh to criminal or administrative liability

In order to receive permission of a gengesh to bring a member of the gengesh to criminal liability, to take him/her into custody or to apply a kazyet’s administrative sanctions to him/her, the prosecutor of the etrap or city shall submit to the gengesh a relevant proposal which can be also submitted by a higher ranking prosecutor.

The proposal shall be submitted prior to indictment of a member of a gengesh or granting of a permission to take into custody or referral of an administrative offence case to a kazyet.

A higher ranking prosecutor can withdraw the proposal on granting a permission to bring a member of a gengesh to criminal liability submitted to the gengesh by a lower ranking prosecutor.

The gengesh shall consider the proposal of the prosecutor within one month and may request of the prosecutor to provide additional materials required for the decision on the issue raised in the proposal. The gengesh shall pass a reasoned decision and inform the prosecutor thereof within three days. If grounds to that effect are available, the gengesh shall be entitled to reconsider its decision. A member of a gengesh shall be entitled to participate in the consideration by the gengesh of the issue of his/her immunity.

In case of a dissent with the decision of the gengesh, the higher ranking prosecutor shall be entitled to submit to the gengesh a proposal on a repeat consideration of this issue by the gengesh.

If the gengesh upholds the original decision, the issue may be resolved in its essence by the Mejlis of Turkmenistan upon the proposal of the Prosecutor General.

If the proposal of the prosecutor submitted as per the procedure established by this Article has not been considered by the gengesh within one month, the Mejlis of Turkmenistan upon the proposal of the Prosecutor General shall undertake measures to ensure its immediate consideration.

The prosecutor who submitted the proposal to the gengesh shall within three days of the completion of the legal proceedings on the case inform the gengesh which granted permission to bring a member of the gengesh to criminal or administrative liability or take him/her into custody about the results of the investigation or review of the case.

CHAPTER IV. CONCLUDING PROVISIONS

Article 19. Financial resources

Financial resources of a city within an etrap, settlement, or gengeshlik shall comprise the funds of the local budget, off-budget funds, as well as other financial sources not prohibited by law.

Article 20. Budget sources

Budget sources shall be:

funds remitted to the local budget from taxes and duties imposed by the law of Turkmenistan;

taxes and duties imposed by resolutions of the gengesh;

other income and receivables.

Article 21. Budget expenses

The gengesh upon the proposal of the archin shall:

decide for what purposes and in what amount the funds of the local budget will be used;

adjust the income and expense sides of the budget;

establish the amount for funding of the expenses for maintenance of an archinlik.

Income additionally received during the implementation of the local budget as well as amounts by which income exceeds expenses resulting from a higher-than-expected income or lower-than-expected expenses shall remain at the disposal of the gengesh and utilized according to its resolutions and shall not be subject to withdrawal by the higher state authorities.

Article 22. Off-budget fund

The gengesh shall form an off-budget fund out of the following sources:

additional income and financial savings yielded out of implementation by the gengesh of measures to resolve economic and social problems;

voluntary contributions and donations of citizens, enterprises, organizations, and institutions, regardless of their form of ownership;

other off-budget funds.

Off-budget funds shall be deposited on special accounts opened with banking institutions, shall not be subject to withdrawal by higher state authorities, and shall be used according to resolutions of the gengesh.

Article 23. Use of state symbols by a gengesh

On the building hosting the archinlik, the state flag of Turkmenistan shall be hoisted and the state emblem of Turkmenistan shall be displayed.

Chairman of

the Halk Maslahaty of Turkmenistan,

President of Turkmenistan

Saparmurat Turkmenbashi

City of Ashgabat, 25 October 2005