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Constitution of Turkmenistan, Turkmenistan

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Latest Version in WIPO Lex
Year of Version 2008 Dates Adopted: May 18, 1992 Type of Text Constitution/Basic Law Subject Matter Other Notes The Constitution of Turkmenistan, the supreme law, was adopted on May 18, 1992, and subsequently modified in 1995, 1999, 2003, 2006 and 2008. The Constitution provides under Article 1 that Turkmenistan is a secular democratic and presidential republic; Turkmenistan shall have full and exclusive power over its territory, and independently pursues its internal and foreign policy; the state sovereignty and the territorial integrity of the Turkmenistan are inviolable and indivisible; the State shall defend the independence and territorial integrity of Turkmenistan and the constitutional system, and shall ensure legality and law and order; Turkmenistan is recognized as a permanently neutral State by the United Nations General Assembly Resolution “Permanent Neutrality of Turkmenistan” dated December 12, 1995.

The Constitution establishes the structure of the State based on the principle of separation of powers between the legislative, executive and judicial branches , which check each others’ powers through the system of checks and balances (Article 4). The legislative power is held by the Parliament (known as Mejlis) (Article 59). It consists of 125 deputies, elected from territorial districts for a term of five years (Article 60). The executive power is vested in the President, who is head of the State, head of the government and commander in chief of the armed forces (Articles 50 and 53(1)). The executive and administrative authority is exercised by the Cabinet of Ministers headed by the President (Articles 72). The judicial power is exercised by the Supreme Court of Turkmenistan and other courts (Article 100).

The legal system of Turkmenistan is based on the civil law system. The hierarchy of laws in Turkmenistan is as follows:
- Constitution
- Constitutional laws
- Codes and laws
- Decrees, decisions and orders of the President
- Resolution of the Parliament (Mejlis)
- Resolutions and orders of the Cabinet of Ministers
- Normative acts of the organs of state power and government
- Resolutions of the governor (hyakim) of the region
- Decisions of local council (gengeshi).

The Constitution of Turkmenistan contains provisions relating to intellectual property. Article 39 states that citizens of Turkmenistan are guaranteed freedom of artistic, scientific and technical creativity. Intellectual property rights and interests of citizens in the fields of scientific and technical creation and artistic, literary, and cultural activity are protected. The State contributes to the development of science, culture and arts. Article 9 guarantees, inter alia, the right of private ownership of intellectual values.

Available Texts Main text(s) Main text(s) Russian Конституция Туркменистана PDF HTML Turkmen Türkmenistanyň Konstitusiýasy PDF HTML English Constitution of Turkmenistan PDF HTML

WIPO Lex No. TM009