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THE LAW OF TURKMENISTAN

ON THE GUARANTEES OF ELECTORAL RIGHTS OF THE PEOPLE OF TURKMENISTAN

(Bulletin of the Medjlis of Turkmenistan 1999, N1, p. 5)

Free and equitable elections are the highest form of manifestation of democracy and realization of the right of citizens to participate in the administration of public matters and matters of state.

This Law on the basis of Constitution of Turkmenistan and in accordance with the universally recognized principles and norms of international law establishes the main guaranties of voting rights of the citizens.

Article 1. Voting right of the citizens of Turkmenistan

The voting right of the citizens of Turkmenistan shall be the right to elect and be elected into elected bodies of the state provided by the Constitution and laws of Turkmenistan.

Article 2. Realization of the voting right

Realization of the voting right shall be secured through holding free and equitable elections on a broad democratic basis.

Elections into organs of public authority and local government shall be mandatory and held in terms established by the Constitution and legislation on elections.

The state guarantees periodic holding of elections into bodies of state authorities and local government on basis of free declaration of will of the citizens and in the observance of norms of the  existing legislation, as well as universally recognized international rules and procedures.

Article 3. Principles of holding elections

Holding elections in Turkmenistan shall be realized on the basis of the following fundamental principles:

1) universal, direct and equal right to vote by secret ballot;

2) free and voluntary participation of citizens in the elections;

3) equitable nomination of candidates and equal opportunities for them;

4) publicity and openness, freedom of agitation in the course of the election campaign;

5) protection of voting rights of the citizens.

Article 4. Concept of guarantee of voting rights of the citizens

Guarantee of voting rights of the citizens of Turkmenistan shall be the legislatively established organizational, legal and other measures securing exercise of their right to elect and be elected, as well as participate in electoral activities and procedures.   

Article 5. Structure of guaranties for voting rights of the citizens

The structure of guaranties of voting rights of the citizens shall be formed by the body of legislative, legal, economic, organizational and communicatory /information guaranties.

Article 6. Legislative guaranties

Voting rights of the citizens of Turkmenistan shall be set in and guaranteed by the Constitution of Turkmenistan and legislative instruments defining the legal status of participants in electoral process and regulating relations in the sphere of organization, preparation and holding of elections in Turkmenistan.

Article 7. Legal guaranties

Legal guarantees for voting rights of the citizens shall be the measures established by the laws of Turkmenistan and ensuring freedom of declaration of will of the people, protection of their voting rights, including judicial protection, personal immunity of candidates in elected bodies, as well as other norms and rules aimed to create conditions for efficient participation of the citizens in the elections.

Article 8. Economic guaranties

The state shall guarantee granting equal economic and financial possibilities for participation of the citizens in the elections by means of incurring expenses related to preparation and holding thereof, on account of the state budget funds.

Participants of the electoral process, based on and in accordance with the procedure established by the legislation, shall be guaranteed privileges and compensations related to exercise by them of their rights and powers.

Article 9. Organizational guaranties

Organizational guaranties shall consist in implementation by the state, public and other organs of measures on formation of electoral constituencies and areas, formation of election committees and provision of the activities thereof, nomination and registration of nominee candidates into elected organs, conducting election campaign, organization of voting and summing up its results, as well as other activities connected with the organization of elections.

Article 10. Information guaranties

Electoral process shall be executed on the basis of publicity and broad awareness of the citizens.

The citizens of Turkmenistan shall be guaranteed the right to receive and disseminate information on the matters of preparation and holding of the elections. To this effect, electoral committees, state and public organs and the citizens shall have right to use press, television, radio and other publicly available means of communication of information.

Article 11. Observance of international norms

Turkmenistan, being a full-fledged subject of the world community and strictly following the principles and norms vested in the UN Charter, constituent documents of OSCE and other universally recognized international organizations, shall, when organizing and holding the elections, adhere to the provisions of international treaties, conventions, agreements to which it is a party, and provide observance/enforce thereof.

President of Turkmenistan

Saparmurat Turkmenbashi

Ashgabat

April 22, 1999

N349-I