Expert Khaitov noted that each of the chambers of the new bicameral parliament of Turkmenistan has its own personified competence.
A week ago, for the first time in the history of the Turkmen state, the first session of the Halk Maslahaty of Milli Gengesh (National Council, Parliament) of Turkmenistan of the first convocation and a joint meeting of the two chambers — Halk Maslahaty and the Mejlis took place.
Political analyst Doctor of Law, Professor, Honored Lawyer, and Honorary Elder of Turkmenistan Murad Khaitov explained CentralAsia.news the critical importance of the process of political transformation of the former legislative body into a bicameral parliament, as well as its role and significance for today.
The management team has been formed
The first session of the parliament is of particular importance — it is of a constituent nature, since it is at this session that the governing bodies and structure of the parliament are formed, and organizational issues are considered. For example, at the first session of the Halk Maslahaty, its composition was approved, and the governing bodies were elected.
By the resolution of the Halk Maslahaty, President of Turkmenistan Gurbanguly Berdimuhamedov was elected as chairman of the Halk Maslahaty of Milli Gengesh. The head of the state announced a decree appointing eight members of the Halk Maslahaty of Milli Gengesh. At the first session, the deputy chairman of the Halk Maslahaty was also elected, five committees were formed: for the protection of human rights and freedoms; on the economy, finance, and social policy; on science, education, digital system, sports, and culture; for regional development, environmental protection, and agro-industrial policy; on international issues.
New status and functions
The foundations of the constitutional system, which stipulates that Turkmenistan is a democratic, legal and secular state (Article 1 of the Constitution), create several postulates on the division of powers into legislative, executive, and judicial branches. They, in turn, together determine the scope and limits of the legislative function of Milli Gengesh, fill it with new meaningful elements. And, as a result, while maintaining continuity, the Halk Maslahaty, and the Mejlis, at the same time, will receive new additional powers, as a result of which the powers of the chambers of parliament will significantly expand, the structure and principle of formation of the Halk Maslahaty will change, and the powers of the Mejlis will also be supplemented.
It is evidenced not only by their powers but also by the main areas of work, organizational and status, and functional isolation of the current bicameral parliament from other branches of state power, as well as the provisions of the Constitutional Law «On Amendments and Additions to the Constitution of Turkmenistan» and the Law of Turkmenistan «On Milli Gengeshi of Turkmenistan».
For example, the resolutions of the Halk Maslahaty of Turkmenistan continue to be valid insofar as they do not contradict the Constitution and laws of Turkmenistan; the powers of the deputies of the Mejlis of Turkmenistan shall remain in effect until the expiration of the terms established by laws before the election of new deputies.
At the same time, Milli Gengesh (Parliament) is significantly different not only by the presence of two chambers — the Halk Maslahaty and the Mejlis, but also by its status, constitutional characteristics, structure, and organization of activities.
For example, following Art. 77 of the Constitution, «Milli Gengesh is a representative body exercising legislative power. Milli Gengesh consists of two chambers — Halk Maslahaty and Mejlis».
According to this characteristic, the chambers of the Milli Gengesh fulfill both representative and legislative functions. In domestic parliamentary practice, there is no specific division into «representative» and «legislative», «upper» or lower «chambers. The constitution defined the national parliament as a single whole, a single body. At the same time, from the point of view of its essence and principles of formation, the Mejlis represents a part of the population who are voters of 125 single-mandate constituencies, with an approximately equal number of voters, the Halk Maslahaty ensures the representation of the territories.
Practice applied in Turkmenistan for the first time
An important paradigm of modern national parliamentarism is the fact that the competence of the Milli Gengesh (Parliament) — a single body — is not specifically defined. The Constitution lacks a clearly defined range of issues that constituted the jurisdiction of the national parliament (a single body). This practice was applied in Turkmenistan for the first time.
With this constitutional «construction», parliament has undefined competence. It makes it possible for Milli Gengesh, if necessary, to consider any major issues of the state and public life of the country. It allows the parliament to fully exercise legislative power, approve the state budget and reports on its implementation, exercise control and coordination functions, actively interact with the government and other branches of state power, etc. By the way, several foreign states have a similar practice.
At the same time, according to the Constitution and the Law, each of the chambers has its own personified competence. The Constitution optimally defines the scope of jurisdiction of the chambers, taking into account their role and place in the structure of parliament.
From the point of view of theory and practice of lawmaking, the constitutional provisions of the chambers represent their exclusive (indivisible) powers. Due to the delimitation of the powers of the chambers, the decisions made by members of the Halk Maslahaty and deputies of the Mejlis will acquire a more balanced and responsible character. As a result, the legislative activity of Milli Gengesh will become effective. Besides, the division of powers between the chambers does not create a conflict in resolving issues submitted for consideration by each chamber.
Tandem of chambers will make lawmaking effective
Milli Gengesh (Parliament) is a body that carries out an exclusively legislative function in the system of separation of powers. The legislative function is carried out through the prism of the constitutional law of legislative initiative. For example, according to Art. 63 of the Law «On Milli Gengeshi of Turkmenistan», the right of legislative initiative belongs to the President, members of the Halk Maslahaty, deputies of the Mejlis, the Cabinet of Ministers, and the Supreme Court.
The exercise of legislative power in Turkmenistan has certain features. They are expressed in the form of delegated legislation.
For example, the President of Turkmenistan also has the right to issue laws on specific issues. So, according to Art. 65 of the Law, Milli Gengesh can transfer the right to issue laws on certain issues to the President of Turkmenistan with the mandatory subsequent consideration by the Milli Gengesh of the issue of their approval. Meanwhile, Milli Gengesh cannot transfer to anyone the right to issue laws on the following issues: 1) adoption and amendment of the Constitution; 2) criminal and administrative legislation; 3) legal proceedings.
The Halk Maslahaty Chamber, being part of the Milli Gengesh (a single body), occupies an important place in the exercise of legislative powers. For example, the Halk Maslahaty approves the laws adopted by the Mejlis or rejects them. This function of the Halk Maslahaty does not negate the significance of the legislative activity carried out by the Mejlis.
In particular, the right of the Halk Maslahaty to reject law is not absolute. It can be overcome by the Mejlis using a second vote and a higher percentage of votes in a second vote. In addition, the Constitution and the Law provide for an appropriate mechanism. So, if the Halk Maslahaty rejects the laws adopted by the Mejlis, then a conciliation commission is created on an equal footing. After that, the Mejlis again considers the law, and then already adopts it.
In addition, the powers to exercise parliamentary control are also an important part of the activities of parliamentarians. As stated in the Constitution and the Law, Chambers participate in the formation of government bodies and the appointment and dismissal of certain government officials.
There is still a lot of work ahead
The organizational and legal formation of Milli Gengesh as a parliament has not yet been finally completed, it has just begun. The formation of a bicameral parliament in Turkmenistan is a complex process. Within the formation of Milli Gengesh and its further development, improvement of legislative practice, new parliamentary traditions and customs will be formed.
At present, the main goal is to bring a new bicameral national parliament into action, to adapt it to the requirements of our time. A bicameral parliament should be seen as a necessary and important means of ensuring broad popular representation.
A new stage in the history of national parliamentarism will begin within the action of a bicameral parliament. Such variability testifies to a departure from the previously existing «frozen» models of parliament formation; it suggests new forms of ensuring such representation that meet the requirements of the time.
