Print   

Unofficial translation

This Law, in accordance with the Constitution of Turkmenistan, shall establish the legal foundations of activities and powers of velayat halk maslahatys,

their structural units, officials, and members.

adopted on 25 October 2005

Chapter I. General Provisions

Article 1. Velayat and Ashgabat city (hereinafter – “velayat”) halk maslahatys shall be representative bodies of local government and local bodies of the Halk Maslahaty of Turkmenistan. Their powers and working procedure shall be established by this law and other normative legal acts.

Article 2. Velayat halk maslahatys shall consist of 80 members.

Article 3. The procedure of election to velayat halk maslahatys of persons enjoying high esteem and respect among the population who are worthy of being members of halk maslahatys shall be established by the Law of Turkmenistan “On Elections of Members of Velayat Halk Maslahatys.”

Article 4. Activities of velayat halk maslahatys shall be based on free debate and collegiate decision-making, transparency, continuous consideration of the public opinion, responsibility, and accountability of their structural units and officials to halk maslahatys.

Velayat halk maslahatys shall regularly inform the population about their work.

Chapter II. Organization of Work of a Velayat Halk Maslahaty

Article 5. A Velayat halk maslahaty shall function based on popular initiative.

Article 6. Work of velayat halk maslahaty shall be based on public service.

Article 7. A Velayat halk maslahaty shall be convened at the request of the Chairman of the Halk Maslahaty of Turkmenistan or by the head of the halk maslahaty when necessary but not less than two times a year.

Information about sessions of velayat halk maslahatys and their decisions shall be made public.

Article 8. Representatives of state authorities, public associations, academic institutions, mass media, and other persons may be invited to attend sessions of velayat halk maslahatys in accordance with the procedure approved by them.

Article 9. A session of a velayat halk maslahaty shall be legally competent if attended by not less than two thirds of the established number of its members.

Article 10. A halk maslahaty in a velayat shall be headed by the hyakim of the velayat, and in Ashgabat city by the hyakim of the city.

The hyakim of a velayat or city shall be elected for office out of members of the halk maslahaty at a session of the respective velayat or city halk maslahaty by means of open voting by a simple majority of votes. In their capacities as heads of halk maslahatys and hyakims, they shall be directly subordinated to the Chairman of the Halk Maslahaty of Turkmenistan and the President of Turkmenistan and shall be accountable to him and, respectively, to the velayat or Ashgabat city halk maslahaty.

Deputies of hyakims of velayats shall be nominated by the hyakim and elected at a session of the halk maslahaty out of members of the halk maslahaty by means of open voting by a simple majority of votes.

Dismissal of the hyakim of a velayat and\or his\her deputies can be considered at the request of not less than one third of the membership of the halk maslahaty. The decision about their dismissal shall be made by means of open voting by a simple majority of votes.

Article 11. In a velayat halk maslahaty a secretariat shall be formed. The secretariat shall organize the work of the halk maslahaty, consider and act on daily and urgent matters.

The structural composition of a velayat halk maslahaty shall be established by the Chairman of the Halk Maslahaty of Turkmenistan.

The secretariat of a velayat halk maslahaty shall be chaired by the head of the halk maslahaty.

Article 12. At a session of a velayat halk maslahaty minutes shall be kept. These minutes shall be signed by the head and secretary of the halk maslahaty.

Article 13. A velayat halk maslahaty shall issue resolutions within the scope of powers granted to it by this and other laws and acts of the President of Turkmenistan.

Resolutions of halk maslahatys shall be issued by means of open voting by a simple majority of votes of its established membership.

Chapter III. Authorities of a Velayat Halk Maslahaty and the Head of a Halk Maslahaty

Article 14. Assigned to the authorities of a velayat halk maslahaty shall be the following:

to ensure observance of the laws of Turkmenistan, decisions of the Halk Maslahaty of Turkmenistan and acts of the Chairman of the Halk Maslahaty of Turkmenistan and the President of Turkmenistan;

to ensure implementation of programs of economic, social, and cultural development of its territory, approved by the Halk Maslahaty of Turkmenistan and the President of Turkmenistan;

to approve the local budget and exercise control over its observance and approve the report on budget observance;

to elect the hyakim, deputy hyakims, and dismiss them;

to consistently promote observance of state and labour discipline, state and public order, protection of citizens’ rights , improved social standing of the population in its territory, consideration of proposals, opinions, and requests of the population and their analysis in order to make the respective conclusions and provide information about them to the Halk Maslahaty of Turkmenistan;

to control activities of etrap and city halk maslahatys and Gengeshes in its territory;

to decide on other issues assigned to the authorities of halk maslahatys pursuant to the legislative acts of Turkmenistan.

Article 15. Assigned to the authorities of a head of a Velayat halk maslahaty shall be the following:

to head the halk maslahaty;

to chair sessions of the halk maslahaty;

to sign decisions of the halk maslahaty and minutes of its sessions;

to maintain control over compliance with decisions of the halk maslahaty and activities of etrap and city halk maslahatys, and Gengeshes;

to decide on other issues assigned to their authorities pursuant to the laws of >Turkmenistan, decisions of the Halk Maslahaty of Turkmenistan, acts of the Chairman of the Halk Maslahaty of Turkmenistan and the President of Turkmenistan, and those of the velayat halk maslahaty.

The head of a velayat halk maslahaty shall issue executive orders.

Chapter IV. Member of a Velayat Halk Maslahaty

Article 16. A member of a velayat halk maslahaty shall be a plenipotentiary representative of the people in a representative body of people’s government and expresser of the will and interests of the people in the halk maslahaty.

Powers of a member of a velayat halk maslahaty shall be established by this Law.

Powers of a member of a velayat halk maslahaty shall commence after the decision has been made by the respective halk maslahaty to approve them. He\She shall exercise his\her powers without suspending his\her job or service.

Article 17. A member of a velayat halk maslahaty shall be obliged to attend sessions of the halk maslahaty and actively participate in its activities.

A member of a halk maslahaty, at its sessions, shall be entitled to:

elect and be elected to structural units formed by the halk maslahaty;

submit proposals on the procedure of considering the issues discussed as well as with regard to their content;

submit draft resolutions and amendments thereto;

participate in debates and ask questions;

speak in order to substantiate proposals submitted by him\her and provide clarifications.

Article 18. A member of a velayat halk maslahaty in his\her electoral district shall be entitled to request and receive the necessary information from all corporate entities regardless of their form of ownership, and from state authorities for the purpose of familiarizing with proposals, opinions, and requests of the population related to maintenance of state and labour discipline, protection of state and public order, rights of citizens, social standing of the people; when necessary, submit proposals on improving their activities, remedying the shortcomings discovered, bringing persons guilty of violating state discipline and law to liability; these proposals shall be subject to mandatory consideration by the respective officials.

Article 19. A member of a velayat halk maslahaty shall enjoy the right of not-to-be-delayed appointments with officials of the respective state and public organizations, corporate entities regardless of the form of ownership, on issues related to the activities of the halk maslahaty.

Article 20. A member of a Velayat halk maslahaty shall twice a year report about his\her work in the halk maslahaty to voters. The report of the member of the halk maslahaty can be conducted at any time at the request of the public associations which nominated him\her as member of the halk maslahaty, or meetings of the voters from the electoral district to be held at the place of residence.

Article 21. A member of a velayat halk maslahaty shall not be dismissed from the position at his\her place of employment (office) without a prior consent of the respective halk maslahaty.

Article 22. Powers of a member of a velayat halk maslahaty shall be terminated early:

in the case when a convicting ruling of a court of law comes into force in relation to the member of the halk maslahaty;

when abandoning or losing citizenship of Turkmenistan;

in the case when he\she moves outside the territory of Turkmenistan for permanent residence;

at his/her own request;

on the basis of a decision made by the respective halk maslahaty due to poor condition of his\her health.

Article 23. A member of a velayat halk maslahaty can be recalled. The grounds for that shall constitute

violation by the member of the halk maslahaty of the Constitution and laws of Turkmenistan, irregular discharge of responsibilities by him\her, loss of esteem among the population.

The issue of recalling a member of a velayat halk maslahaty shall be considered at sessions of the political parties, respective bodies of public associations, or meetings of citizens which nominated his\her candidature, which shall make a decision.

The member of a velayat halk maslahaty shall be entitled to attend sessions or meetings at which the issue of his\her recall is considered. The member of a halk maslahaty shall be notified where and when such session or meeting is to be held in advance. After such notification his\her non-attendance shall not prevent consideration of this issue.

The decision of the meeting or session shall be considered at a session of the respective halk maslahaty. The decision shall be deemed approved if the decision to recall the member of the halk maslahaty shall be voted for by two thirds of the total membership of the halk maslahaty.

Article 24. Instead of the member of the halk maslahaty whose powers have been terminated early or who has been recalled, a new member shall be elected according to the procedure established by the Law of Turkmenistan “On Elections of Members to Velayat Halk Maslahatys”

Article 25. A member of a halk maslahaty shall not be brought to criminal liability, arrested or otherwise deprived of freedom without consent of the respective halk maslahaty.

A criminal case in relation to a member of a velayat halk maslahaty can be initiated exclusively by the Prosecutor General of Turkmenistan in accordance with the law.

In order to bring to criminal liability or arrest a member of a velayat halk maslahaty, the Prosecutor General shall submit a request to the respective halk maslahaty.

The request shall be submitted prior to bringing charges against the member of the halk maslahaty or prior to the permission for arrest.

The Velayat halk maslahaty shall make a grounded decision and inform the Prosecutor General thereof.

The Prosecutor General shall inform the halk maslahaty about the results of the investigation or hearing of the case.

Article 26. A member of a velayat halk maslahaty after approval of his\her powers shall be issued an identification.

In case of early termination of powers of a member of a velayat halk maslahaty he\she shall return his\her identification to the respective halk maslahaty.

Chapter V. Support of Activities of a Velayat Halk Maslahaty

Article 27. Organizational, technical, and other support of activities of velayat halk maslahatys, their officials and members shall be rendered by the secretariat of the halk maslahaty.

The activities of the secretariat of a velayat halk maslahaty shall be coordinated by the secretary of the halk maslahaty.

The secretary shall be elected at a session of the halk maslahaty by means of open voting by a simple majority vote of its established membership. The secretary must be a member of the respective halk maslahaty.

Article 28. The major objectives of the secretariat in supporting the activities of the halk maslahaty under the management of the secretary of the velayat halk maslahaty shall be:

to conduct organizational, material and technical servicing of halk maslahaty sessions and their other activities;

to put on the agenda issues to be considered by the halk maslahaty, draft projects and conduct their preliminary assessment;

to take into consideration and summarize proposals and comments expressed during the discussion of issues at sessions of the halk maslahaty as well as those received from citizens related to these issues;

to observe the procedure for archiving documents of the halk maslahaty;

to ensure control over the activities of etrap and city halk maslahatys and Gengeshes;

to consider and decide on daily and urgent issues requiring immediate action;

to decide on other issues assigned to the authorities of the secretariat as far as support of the activities of the halk maslahaty is concerned.

Article 29. Expenditures of velayat halk maslahatys shall be covered by the respective budgets.

Chapter VI. Concluding Provision

Article 30. At the premises of a velayat halk maslahaty and on the building where its session is held, the state flag of Turkmenistan shall be hoisted.

Saparmurat Turkmenbashi

Chairman of the Halk Maslahaty of Turkmenistan,

President of Turkmenistan