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The Representative Bodies Of Local Authorities

Original Language Title: О представительных органах местной власти

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The representative bodies of the local authorities (with amendments of Act No. 239 23.05.2015-V) this law determines the legal basis for the activity, procedure and powers of the representative bodies of local authorities, their members and officials.
 
Chapter i. General provisions article 1. Representative bodies of the local authorities in accordance with the Constitution of Turkmenistan representative local authorities formed: velayat-velaâtskij Khalk Maslakhaty, a town of Mashhad-city Halk maslahaty (hereinafter velaâtskij Khalk Maslakhaty), etrap-ètrapskij Khalk Maslakhaty, etrap rights city-city Halk maslahaty (hereinafter referred to as ètrapskij, the town of Khalk Maslakhaty).
 
 
Article 2. Legislation on local government representative bodies the legislation of Turkmenistan on the representative bodies of local authorities is based on the Constitution and consists of this law and other normative legal acts of Turkmenistan.
 
Article 3. The composition of the Khalk Maslakhaty Velaâtskij Khalk Maslakhaty consists of 40 members, ètrapskij, urban-Halk maslahaty of 20 members.
 
Article 4. The term of Office of members of the Khalk Maslakhaty 1. The term of Office of members of the Khalk Maslakhaty is four years.
2. The powers of the members of the Khalk Maslakhaty are retained until the recognition of authority of the members of the Khalk Maslakhaty new convocation.
 
Article 5. The procedure for the election of the members of the Khalk Maslakhaty 1. The procedure for the election of the members of the Khalk Maslakhaty is determined by electoral code of Turkmenistan.
2. In cases of early dissolution of the Khalk Maslakhaty, the Turkmen Parliament no later than three months from the date of its dissolution shall appoint election of members of the Khalk Maslakhaty.
 
Article 6. The basic principles of the Khalk Maslakhaty 1. Activities of the Khalk Maslakhaty is based on the principles of collegiality, transparency, accountability, responsibility, public opinion, reporting structures and officials before the Khalk Maslakhaty.
2. The Khalk Maslakhaty, informs the public of the work being done.
 
Chapter II. Organization of the Khalk Maslakhaty, Article 7. Form of activity the Khalk Maslakhaty Halk maslahaty Activities takes the form of meetings.
 
Article 8. Order of convening and holding meetings of the Khalk Maslakhaty 1. Session of the Khalk Maslakhaty is convened by the Chairman of the Khalk Maslakhaty if necessary, but not less than twice a year. The Chairman of the Khalk Maslakhaty also must convene a meeting on demand more than half of the number of its members.
2. meeting of the Khalk Maslakhaty is eligible if it is present not less than two thirds of the number of its members.
3. at the meeting of Khalk Maslakhaty may be invited by a procedure established by representatives of State bodies and bodies of local self-government, political parties, public associations, the media, and citizens.
4. the first session of the Khalk Maslakhaty new convocation will be called by the Chairman of the Khalk Maslakhaty previous convocation and held for two weeks after the election. The Chairman of the Khalk Maslakhaty previous convocation opens meeting and leads it to the recognition of authority of the members of the Khalk Maslakhaty new convocation. Until the election of the Chairman of the Khalk Maslakhaty meeting leads the oldest members of the Khalk Maslakhaty new convocation.
5. at the meeting of Khalk Maslakhaty is the Protocol signed by the Chair and Secretary of the meeting.
6. Information on meetings of the Khalk Maslakhaty, adopted regulation are brought to the attention of the population.
 
Article 9. The ruling of the Khalk Maslakhaty 1. The Khalk Maslakhaty, within its competence, shall adopt decisions.
2. Orders the Khalk Maslakhaty are made by open voting by a simple majority of votes of the established number of its members.
 
Article 10. Change or cancellation of orders of the Khalk Maslakhaty, change or cancellation of orders of the Khalk Maslakhaty, not conforming to the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan, Turkmenistan's Majlis, the Cabinet of Ministers of Turkmenistan and other normative legal acts of Turkmenistan, shall be in accordance with the legislation of Turkmenistan.
 
Article 11. The election for the Presidency of the Khalk Maslakhaty, his Deputy 1. The Chairman of the Khalk Maslakhaty, his deputy shall be elected from members of the Khalk Maslakhaty on meeting the Khalk Maslakhaty open voting by a simple majority of votes of the established number of its members.
2. the question of the dismissal of the Chairman of the Khalk Maslakhaty, his Deputy could be considered at a meeting of Khalk Maslakhaty: 1) on the proposal of the Mejlis of Turkmenistan;
2) on the proposal of at least one third of the members of the Khalk Maslakhaty.  
The question of the dismissal of the Chairman, the Vice-Chairman, ètrapskogo city Halk maslahaty can be considered also at the suggestion of the corresponding velaâtskogo the Khalk Maslakhaty.
Decision to dismiss the Chairman of the Khalk Maslakhaty, his Deputy was adopted by open vote by a simple majority of votes of the established number of its members.
3. Grounds for the dismissal of the Chairman of the Khalk Maslakhaty, his Deputy, are: 1) improper performance of their duties;
2) an act that is not compatible with their Office;
3) inability to perform duties for health reasons;
4) personal request;
5) out from among the members of the Khalk Maslakhaty;
6) other grounds defined by the legislation of Turkmenistan.
 
Chapter III. Competence of the Khalk Maslakhaty, Chairman of the Khalk Maslakhaty, his Deputy
 

Article 12. Competence of the Khalk Maslakhaty 1. The competence of the Khalk Maslakhaty are: 1) ensuring compliance with the Constitution and laws of Turkmenistan, acts of the President of Turkmenistan, Turkmenistan's Majlis, the Cabinet of Ministers of Turkmenistan, the Khalk Maslakhaty, and the corresponding velaâtskogo;
2) ensure implementation of the economic, social and cultural development programmes in their respective territories;
3) approval of local budget and report on its implementation;
4) hearing he annual information on activities in the field of economic, social and cultural development of the territory;
5) ensuring respect for public order, the protection of citizens ' rights, improving the social situation of the population in the territory concerned, to study citizens ' proposals and submit them to the relevant authorities;
6) recognition of authority of the members of the Khalk Maslakhaty, and in cases stipulated by this law, deprivation of their powers;
7 hâkimu) proposals on names and renaming blocks, avenues, streets, squares, parks and other constituent parts of the towns with the rights of regions or districts;
8) promoting the activities of the executive bodies of local authorities and local self-government bodies in its territory;
9) other issues placed within the competence of the Khalk Maslakhaty of Turkmenistan's legislation.
2. If the Brazilian fails to perform properly their responsibilities, the Khalk Maslakhaty is entitled to propose to a higher authority for release him from Office. The relevant regulation the Khalk Maslakhaty on this matter adopted by no less than two thirds of the votes of the established number of members of the Khalk Maslakhaty.
 
Article 13. The competence of the President of the Khalk Maslakhaty 1. The competence of the President of the Khalk Maslakhaty are: 1) the Khalk Maslakhaty, and his staff;
2) presiding over meetings of the Khalk Maslakhaty;
3) signing of decrees of the Khalk Maslakhaty;
4) organization monitoring the Khalk Maslakhaty orders;
5) Organization to facilitate the activities of the executive bodies of local authorities and local self-government bodies;
6) performance of other powers are allocated to it by the legislative acts of Turkmenistan.
2. the Chairman of the Khalk Maslakhaty publishes orders within their terms of reference.
 
Article 14. The competence of the Deputy Chairman of the Khalk Maslakhaty, the Vice-Chairman of the Khalk Maslakhaty fulfils its responsibilities in accordance with the distribution of responsibilities and instructions of the President of Turkmenistan, the Khalk Maslakhaty, absence or inability to carry out their duties, acting as President.
 
Chapter IV. Member of the Khalk Maslakhaty Article 15. Member of the Khalk Maslakhaty 1. Member of the Khalk Maslakhaty is entitled to: 1) to elect and be elected into the structures created by the Khalk Maslakhaty;
 2) make suggestions on the procedure of consideration of the issues discussed at the meetings of the issues and their content;
3) introduce the Khalk Maslakhaty, draft decisions and amendments thereto;
4) set the Khalk Maslakhaty questions associated with the wishes of the voters (citizens);
5) on the territory concerned to request and obtain the necessary information from the relevant government bodies, all businesses regardless of their form of ownership on respect for public order, the protection of the rights of citizens, the social situation of the population, if necessary, make proposals for improving their functioning and to addressing identified deficiencies.
2. Member of the Khalk Maslakhaty is obliged to: 1) participate in the activities of the Khalk Maslakhaty;
2) to party voters (citizens);
3) to fulfil orders the Khalk Maslakhaty;
4) set the Khalk Maslakhaty issues related to by orders of voters (citizens);
5) twice a year to report on its work before the voters.
3. Member of the Halk maslahaty can only be a member of one the Khalk Maslakhaty.
 
Article 16. Premature termination of the powers of the Member of the Khalk Maslakhaty 1. Grounds for early termination of the powers of a member of the Khalk Maslakhaty are: 1) the violation of the Constitution and laws of Turkmenistan;
2) appointment to the post of Deputy he he;
3) cessation of citizenship of Turkmenistan;
4) entry into force of the court verdict against him;
5) departure for permanent residence outside the territory concerned;
6) personal request;
7) inability to perform duties for health reasons;
8) other reasons, certain legislation of Turkmenistan.
 A proposal for the premature termination of the powers of the Member of the Khalk Maslakhaty, may be represented at the consideration of the Khalk Maslakhaty voters of the corresponding electoral district.  If this proposal should be supported by at least one third of the voters in this constituency.
2. the decision on the termination of the powers of a member of the Khalk Maslakhaty is accepted by not less than two thirds of the number of members of the Khalk Maslakhaty.
 
Article 17. Legal guarantees of the activity of a member of the Khalk Maslakhaty 1. Member of the Khalk Maslakhaty, cannot be released from his position at the place of work (services) or translated into a lower paid job (lower position) without the consent of the Khalk Maslakhaty.

2. Member of the Khalk Maslakhaty are guaranteed conditions for unhindered and full exercise of its powers, the inviolability of the person, protection of their rights and legitimate interests, life, honour and dignity.
3. Member of the Khalk Maslakhaty cannot be brought to criminal responsibility, arrested or otherwise deprived of liberty, subjected to an administrative penalty imposed by judicial procedure without the consent of the Khalk Maslakhaty.
4. For the purposes of criminal prosecution or arrest of a member of the Khalk Maslakhaty prosecutor submits recommendation to appropriate the Khalk Maslakhaty.
Suggestion is submitted to charge Member Halk maslahaty or to permit his arrest or to the administration of cases on administrative offences in court.
5. The Khalk Maslakhaty is considering the Prosecutor's submission no later than fifteen day period. The Khalk Maslakhaty, the Prosecutor may request additional information that is needed to address the issues identified in the submission.
The Khalk Maslakhaty accepts the decision on this question and notify the public prosecutor.
Member of the Khalk Maslakhaty is eligible to participate in the meeting of Khalk Maslakhaty when considering revoking his immunity.
6. If the Attorney General does not agree with the resolution of the Khalk Maslakhaty, urban ètrapskogo, he has the right to make representation to reconsider this question in velaâtskij Khalk Maslakhaty.
If velaâtskij Khalk Maslakhaty approved Decree ètrapskogo, urban Khalk Maslakhaty or will not give consent to the prosecution of a member of the Khalk Maslakhaty, velaâtskogo this question on the Attorney General of Turkmenistan shall be resolved by the Majlis of Turkmenistan.
7. If the Khalk Maslakhaty within fifteen days is not considered a submission of the Prosecutor chronicled in the manner prescribed by this clause, upon the nomination of the Prosecutor General of Turkmenistan, the Turkmen Parliament takes measures to ensure its immediate consideration.
8. the Prosecutor shall notify the Khalk Maslakhaty, on the results of the investigation or hearing.
 
Article 18. The election of a new Member of the Khalk Maslakhaty, instead of leaving the election of a new Member of the Khalk Maslakhaty instead of leaving are carried out in accordance with the electoral code of Turkmenistan.
 
Article 19. The identity of the Member of the Khalk Maslakhaty 1. Member of the Khalk Maslakhaty after confirming his authority relevant Khalk Maslakhaty is given an identity.
2. Sample identity member Halk maslahaty is approved by the Majlis of Turkmenistan.
3. In the event of early termination of the powers of the Member of the Khalk Maslakhaty, it returns its ID in the corresponding the Khalk Maslakhaty.
 
GlavaV. Maintenance of the Khalk Maslakhaty. The apparatus of the Khalk Maslakhaty Article 20. The Khalk Maslakhaty working groups 1. For the preparation of meetings of the Khalk Maslakhaty, draft resolutions of the Khalk Maslakhaty, the implementation of the adopted regulations can be created working groups the Khalk Maslakhaty.
2. Working groups are established by resolution of the Khalk Maslakhaty. Their tasks are determined by the Khalk Maslakhaty. In the composition of the working groups can be included as required.
3. the working groups shall report on its work to the Khalk Maslakhaty.
 
Article 21. Maintenance of the Khalk Maslakhaty 1. Organizational, logistical and other support to the activity of the Khalk Maslakhaty, its officers and members of the Khalk Maslakhaty apparatus is carried out.
2. Financial security apparatus of the Khalk Maslakhaty is carried out at the expense of the local budget.
 
Article 22. The Khalk Maslakhaty apparatus 1. The apparatus of the Khalk Maslakhaty organizes the work of the Khalk Maslakhaty, examines current and urgent issues.
2. Guide the Khalk Maslakhaty apparatus carries out the President of the Khalk Maslakhaty.
3. Structure, staffing the Khalk Maslakhaty, and how its funding are determined by the Cabinet of Ministers of Turkmenistan.
 
Article 23. Objectives the objectives of the Khalk Maslakhaty apparatus apparatus the Khalk Maslakhaty are: 1) preparation of the meetings of the Khalk Maslakhaty, proposals to the agenda;
2) organizational, logistics of meetings and other activities of the Khalk Maslakhaty;
3) ensuring the preparation of issues that should be considered on the Khalk Maslakhaty, drafting or their preliminary examination;
4) accounting and compilation of proposals and comments made during the discussion of the issues at the meetings of the Khalk Maslakhaty, as well as requests from citizens;
5) observance of the procedure for storage of documents the Khalk Maslakhaty;
6) consideration of references of citizens;
7) consideration of current and urgent issues of the Khalk Maslakhaty;
8) to resolve other issues, are allocated to it.
 
Chapter VI. Relationship of the Khalk Maslakhaty with the executive bodies of local authorities and local government bodies, political parties, public associations, individuals and legal entities, article 24. Relationship of the Khalk Maslakhaty with the executive bodies of local authorities and bodies of local self-government 1. The Khalk Maslakhaty relationships with executive bodies of local authorities and bodies of local self-government establishes within the powers defined by the Constitution of Turkmenistan, this law and other legislative acts of Turkmenistan.
2. There shall be no interference by the Khalk Maslakhaty in the activities of the executive bodies of local authorities and local self-government bodies.
 

Article 25. Relationship of the Khalk Maslakhaty, political parties, public associations and religious organizations, the Khalk Maslakhaty, on matters falling within its competence, shall be brought into relationship with the political parties, public associations and religious organizations and the assistance needed for their work in accordance with the legislation of Turkmenistan and their statutes.
 
Article 26. The Khalk Maslakhaty relationships with individuals and legal entities, the relationship the Khalk Maslakhaty with individuals and legal entities are established by the legislation of Turkmenistan.
 
Chapter VII. Early dissolution of the Khalk Maslakhaty.
The Khalk Maslakhaty, and administrative-territorial change of Article 27. Early dissolution of the Khalk Maslakhaty 1. The Khalk Maslakhaty may be prematurely dissolved by the Majlis of Turkmenistan in the following cases: 1) violation of the Constitution and laws of Turkmenistan;
2) improper performance of their powers;
3) administrative-territorial changes.
 2. The Khalk Maslakhaty, not less than two thirds of the members of the Khalk Maslakhaty can make a decision about self-dissolution.
3. in case of dissolution of the Khalk Maslakhaty powers of its members considered to be prematurely folded.
 
Article 28. The Khalk Maslakhaty, and administrative-territorial change 1. If as a result of administrative-territorial changes corresponding to the Khalk Maslakhaty cannot conduct its activities because of the discrepancy in the number of members of the Khalk Maslakhaty of Turkmenistan, the requirements of legislation of the territory govern elections of members of the Khalk Maslakhaty.
2. in some cases, administrative-territorial changes the Turkmen Parliament can take a decision on the continuation of Office of the Khalk Maslakhaty.
 
Chapter VIII. Final provisions Article 29. The entry into force of this law 1. This law shall enter into force on the day of its official publication.
The third paragraph of article 15 of this law shall enter into force after the regular election of the members of the Khalk Maslakhaty.
2. From the date of entry into force of this law shall be declared null and void: 1) the law of Turkmenistan "on the Khalk Maslakhaty, city, etrap, adopted October 25, 2005 year (Türkmenistanyň Maslahatynyň resmi ýygyndysy namalarynyň by Halk on, 2005 ý, HM-88);
2) the law of Turkmenistan "on the Khalk Maslakhaty," velaâtskom, adopted October 25, 2005 year (Türkmenistanyň Maslahatynyň resmi ýygyndysy namalarynyň by Halk on, 2005 ý, HM-90);
3) Turkmenistan law "on introducing amendments and addenda to some legislative acts of Turkmenistan, adopted March 17, 2007 year (statements of the Mejlis of Turkmenistan, 2007, no. 1, p. 27);
4) parts III and V of the Turkmenistan law "on introducing amendments and addenda to some legislative acts of Turkmenistan" adopted July 3, 2007 year (statements of the Mejlis of Turkmenistan, 2007, № 3, art. 54);
5) parts I and III of the Turkmenistan law "on introducing amendments and addenda to some legislative acts of Turkmenistan, adopted October 23, 2008 year (statements of the Mejlis of Turkmenistan, 2008., no. 4, p. 65).
 
             Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat October 1, 2011 year no. 231-IV.