Khaitov speaks about new model of lawmaking in Turkmenistan

The expert believes that the representation of the people is the most important component of modern parliamentarism.

Political analyst of CentralAsia.news, Doctor of Law, Professor, Honored Lawyer and the Honorary Elder of Turkmenistan Murad Khaitov, within an exclusive interview, explained the systemic importance of the political modernization of the Turkmen law-making industry in modern conditions, taking into account national characteristics and ethnic values.

Following the will and interests of the people

Representation of the people is the most important feature of modern parliamentarism. The dominant position of the representative function is clearly expressed in parliament, since it is the spokesman for the interests and will of the people, that is, all the citizens of the state. The representative function is predominant or fundamental in relation to lawmaking. It related to the fact that the representative role of the parliament is carried out not only through the legislative sphere, but also through other aspects of the parliament’s activities.

The parliament, embodying the main progressive criteria of civilized states, is at the same time distinctive, revealing the peculiarities of the history of the state development of Turkmenistan, social order, national traditions, legal and political culture and the level of legal consciousness.

Accordingly, the formation of the national parliament in Turkmenistan has its own specific features due to the historical past. It is the national specificity that makes it possible to take into account the forms and methods of domestic state building as a whole. For example, the representative powers are supposed to consider the activities of the Halk Maslahaty in the field of lawmaking as a way of realizing the collective right of the people to power. The acts of Milli Gengesh are designed to embody the interests of the majority in society (all segments of the population).

Starting with community kurultays

The formation of parliamentarism in a particular country is a long and complex process. This process is rooted in the distant past of the history of the Turkmen nation. For example, the institution of direct participation of the people in determining the fate of the state and society appeared already in the first Turkmen states, first in the form of communal (tribal) maslahats (kurultays — meetings, congresses), and then in state-structured authorities. The chosen concrete form of construction is a kind of synthesis of generally recognized approaches, with specific historical and traditional national foundations of the people of Turkmenistan.

In recent years, Turkmenistan has been at an important stage in the implementation of constitutional reform. The modern constitutional reform, in contrast to the previous reforms, presented the system of popular representation in a new way.

The distinctive national traditions inherent in the Turkmen people still represent important and cornerstone pillars of the constitutional order, which was the basis of the social and state unity of the country and its people for centuries. Therefore, the Constitution of Turkmenistan contains provisions that combine the practice of the leading states of the international community, and at the same time, the peculiarities of national state building, inherent exclusively to the Turkmen people.

These provisions for Turkmenistan today are of great fundamental importance, as when considering any socio-political phenomena, and, in particular, when assessing such an important institution as the parliament. Moreover, the current constitutional reform has significantly developed these provisions. Measures to implement the constitutional reform are aimed at improving the quality of life of citizens, developing the economy, diversifying the most important sectors of the national economy, social infrastructure, and further improving the political system and institutions of civil society.

It should be noted that the legal basis, the vector of the progressive and dynamic development of society and the state is determined by the Constitution of Turkmenistan. Therefore, today «parliamentarism» is a discussed topic for Turkmenistan.

Unique project of a bicameral parliament

As a result of the reform, a new bicameral structure of the national parliament, the Milli Gengeshi of Turkmenistan, was formed in Turkmenistan. President of Turkmenistan Gurbanguly Berdimuhamedov was unanimously elected chairman of the Halk Maslahaty. At the first session of the Halk Maslahaty of Milli Gengeshi of Turkmenistan of the first convocation, the Deputy Chairman of the Halk Maslahaty was elected, five committees were formed: for the protection of human rights and freedoms; on economics, finance and social policy; on science, education, digital system, sports and culture; on regional development, environmental protection and agro-industrial policy; on international issues.

Turkmenistan has applied its own draft of a bicameral parliament. The national model of Milli Gengesh is combined with the historical traditions inherent in our people and modern trends that have developed in the theory and practice of bicameralism. In accordance with Article 77 of the Constitution and Article 1 of the Law of Turkmenistan «On the Milli Gengesh of Turkmenistan», adopted on October 24, 2020, the Milli Gengesh of Turkmenistan (Parliament) is the representative body exercising legislative power.

Milli Gengesh of Turkmenistan consists of two chambers — Halk Maslahaty and Mejlis. The Halk Maslahaty is necessary because regardless of the change in the method and order of its formation, we see that there are representatives of the country’s territories, specialists of different directions among its members. Halk Maslahaty and Mejlis are part of the Milli Gengesh. Their decisions are addressed not to specific subjects, but to the entire state as a whole, and, at the same time, are called upon to express the interests of localities, the opinions of territories and the population. Thus, the Halk Maslahaty and the Mejlis, like the chambers of the Milli Gengesh, carry out both representative and legislative functions.

A tandem for effective legislation

Lawmaking is the most important sphere of state and public life, where various social processes take place, experience of their regulation is accumulated, rules for joint and coordinated activities of people and organizations are developed. This is why parliaments are created. Therefore, the main function of Milli Gengesh is lawmaking.

The interests of various social and national groups and territories are represented in Milli Gengesh; here, at a higher level, general legislative approaches are formed. The powers of the members of the Halk Maslahaty, deputies of the Mejlis include the development, discussion and adoption of laws aimed at solving the problems facing the state and society.

The Law of Turkmenistan «On Milli Gengesh of Turkmenistan» enshrines the procedure and the entire legislative process. Thus, the laws of Turkmenistan are adopted by the Mejlis by a majority vote of the total number of the Mejlis deputies. The laws of Turkmenistan adopted by the Mejlis are submitted for consideration to the Halk Maslahaty. When a law is introduced to the Halk Maslahaty, a responsible committee is determined to carry out preliminary consideration. Based on its results, the responsible committee prepares an opinion. Halk Maslahaty, after receiving the opinion of the responsible committee, discusses the law and makes a decision on its approval or rejection.

The adopted laws require the approval of the head of the state. He promulgates them and, as a rule, ensures their official publication. It is legally stipulated that the law adopted by the Mejlis and approved by the Halk Maslahaty is submitted for signature to the President of Turkmenistan within ten days. The President of Turkmenistan signs the law within thirty days.

According to the Constitution, the President of Turkmenistan has the right to a suspensive veto, that is, to return the law to the Mejlis with his objections. For example, in case of disagreement, the President of Turkmenistan has the right to return the law with his objections to the Mejlis for a second discussion and vote no later than within two weeks. This law is re-examined by the Mejlis and the Halk Maslahaty in the manner prescribed by the Constitution. If the reconsidered law was confirmed in the previous version by a majority of at least two-thirds of the total number of members of the Halk Maslahaty and deputies of the Mejlis, the President of Turkmenistan signs this law.

The President of Turkmenistan does not have the right of a suspensive veto in relation to constitutional laws on the adoption of the Constitution, amendments and additions to it.

The place of Milli Gengesh in the life of the state

At the moment, the Turkmen society faces a number of issues related to the organization and operation of the bicameral structure of the national parliament. This is what determines the interest within the role that the Milli Gengesh of Turkmenistan will play in the future in the modern life of the state.

It must be said that the role of parliament in the state depends on the model taken as a basis for determining their status and position in the system of the highest bodies of the state. Naturally, with the formation of Milli Gengesh and its further activities, the development and improvement of legislative practice, new parliamentary traditions and customs will be formed. In addition, further prospects for parliamentary development in Turkmenistan are also closely related to the enhancement of parliamentary culture and the responsibility of parliamentarians.

The current stage of development of Turkmenistan is accompanied by serious transformations of society and, in general, the system of state power based on the principles of democracy, market relations, as well as the processes of integration of Turkmenistan into the world community, updating of domestic legislation. The development It is evidenced by the annual meetings of the President of Turkmenistan with national parliamentarians.

Milli Gengeshi of Turkmenistan will have to solve the problems of incorporating innovative technologies, a competitive digital economy into various segments of the national economy, creating a well-functioning electronic industry, leveling the difference between city and countryside, introducing a digital communication system and electronic document management.

05 05 2021, 09:25
Photo source: CentralAsia.news

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