THE CONSTITUTIONAL LAW ON THE INDEPENDENCE OF TÜRKMENISTAN AND THE STRUCTURE OF THE STATE

On 26 October, there was a meeting of The High Council of Türkmenistan; on the agenda of the meeting was the people’s notice of their will and wishes.

The Council made the essential decision to put into effect the expression of the independence of the Soviet Socialist Republic of Türkmenistan. In this resolution, certain crucial issues were resolved.

1. The State of Türkmenistan, within the borders of the USSR, is declared an independent, democratic state. The independence of Türkmenistan is based on great ideals – To establish the real national state of the Türkmen people, to provide basic rights and freedoms complying with the charter of the Universal Human Rights Declarations in the Constitution of Türkmenistan, as well as the other norms of 

international law, to establish a humanist democratic state respecting the principles of the rule of law. It does not discriminate between individuals or citizens according to their nation, race, social origin, or their religion.

2. The political regime of the State of Türkmenistan is a republic. In this republic, state sovereignty belongs to the people. The republic exercises its own sovereignty through the direct vote and by means of representative institutions.

3. Inside the borders of Türkmenistan, the Constitution and Laws of Türkmenistan are applicable.

 The Constitution of the Former USSR and laws are applicable only under those circumstances in which there is no explicit law related to the matter within the Constitution and Laws of Türkmenistan; and it is valid until the completion of the reform and regulation of state relations and legal relations in the legislation process.

4. The borders of Türkmenistan within the borders currently drawn are inviolable and indivisible.

5. The state sovereignty of Türkmenistan is executed by means of the division of powers into legislative, executive and judicial powers.

6. Complying with the Constitution of Türkmenistan, the High Council of Türkmenistan exercises the legislative powers.

7. The highest ruler of Türkmenistan is the President who is the Head of State. The President of Türkmenistan also holds the rank of Chairman of the Executive.

8. The courts of Türkmenistan are independent and subject to the law.

9. Inside the borders of Türkmenistan, Türkmen citizenship applies. The constitution and law of Türkmenistan regulates the matters pertaining to the laws on obtaining citizenship of Türkmenistan and citizenship relations with other countries. Türkmenistan protects and assists its citizens inside and outside its borders.

The constitution and laws of Türkmenistan, in accordance with interstate treaties, recognizes the rights and freedoms of foreign citizens and stateless persons in Türkmenistan as in the norms of international law.

10. Within the borders of Türkmenistan the surface and underground resources, air zone, water and natural resources, sea and continental shelf are the people’s national wealth and property, which all serve as material bases of Türkmenistan’s independence.

On the general possessions of the USSR, there is the share of Türkmenistan in the USSR’s diamond, foreign exchange and gold reserves.

11 Türkmenistan, in its economy, establishes a functioning free market economy. It controls state possessions in all their forms and equally protects them.

12. Türkmenistan independently determines its fiscal and monetary system; the state determines the structures of banks.

13. Türkmenistan recognizes the independence of the adjoining republics in the USSR, the definitiveness of their borders, and their territorial integrity and indivisibility.

14. It is as an independent state that Türkmenistan is a member of the world community, having equal rights to determine and execute its foreign policy. Türkmenistan joins the United Nations Organizations and other international 

organizations as a direct member, establishes diplomatic relations, open embassies and other competent agencies and makes international contracts.

15. Türkmenistan resolves independently its military policy, protect its territorial integrity and independence and establish military capability.

Türkmenistan declares that there are no nuclear, chemical, biological, or other weapons of mass destruction in the territory of Türkmenistan.

16. Türkmenistan is concerned for the national and cultural advancement of Türkmen people, the rise of national consciousness, the revival of the traditions of the people and is committed to the expansion of the use of the Türkmen language, which is the state language.

The Republic of Türkmenistan is the guarantor of all the living nations which have the right to live and to flourish freely with their national and cultural values in the territory.

17. Türkmenistan claims its own state signs, flag, regalia and national anthem.

18. Until the admission of the new constitution of Türkmenistan, Türkmenistan’s USSR constitution will be applicable, so long as the previous laws do not conflict with the new Constitutional law.

19. The Independence Day of Türkmenistan is declared a general national holiday; it will be celebrated on every 27 October and it will be a day of vacation.

20. The formal constitutional law, when accepted, will be put into effect.

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