This year marks 33 years since Turkmenistan declared state independence. Sovereignty has become an important starting point for a new chapter in the history of the country. Doctor of Law, Professor, Honoured Lawyer, Honorary Elder of Turkmenistan Murad Khaitov commented on this issue in an interview with CentralAsia.news.
During the years of independence, Turkmenistan as a sovereign nation has made significant progress in the economy, science, education, culture and other spheres of life. The history of the country has its starting point in early antiquity. The Turkmen people have founded many states over its long history, this desire is a distinctive feature of the Turkmen nation, whose self-awareness was formed by the nature of an integral socio-cultural organism.
Sources of independence
Currently, Turkmenistan is on the threshold of the 33rd anniversary of state independence. The acquisition of sovereignty is a long process for many nations, including the Turkmen people. Dovletmamed Azadi, Magtymguly Fraghi and Seyitnazar Seidi dreamed about it and wrote about it in their works. According to national philologists, Turkmen classics in their works glorified courage and bravery and called on the people to rise to their feet to defend their honour and freedom.
With gaining independence by Turkmenistan, the centuries-old dream of the Turkmen people about a free life and independence came true. Constructive labour and diligence of the Turkmen people, their tolerance, desire for unity and the foundation of a national state underlaid the declaration of state independence.
The Declaration of Sovereignty of Turkmenistan of August 22, 1990 rightfully occupies a significant place in our national history and national statehood. State sovereignty determined the ability of the people as the bearer of supreme state power to independently form and exercise their will. With adopting the document, Turkmenistan acquired political and legal independence in implementing domestic and foreign policy. The country established the absolute rights of the Turkmen people to land, natural resources, oil, gas and other minerals, the ability of the people as the bearer of supreme state power to independently form and implement their political will.
The Declaration proclaimed the sovereign rights of Turkmenistan to land, natural resources, oil, gas and other minerals. For the first time, the Law On Property of the Turkmen SSR of October 12, 1990 proclaimed the exclusive property of the country. In accordance with the provisions of the Law and the Decree of the President of Turkmenistan of August 22, 1991, enterprises and organisations of union subordination located on the territory of the Republic came under the jurisdiction of the country.
A large number of enterprises of union subordination operated on the territory of Turkmenistan and made up about 40 percent of gross output. Addressing property issues was of great importance for the Republic, since the country received over50 percent of the gross domestic product exclusively from the use of land, subsoil, and other natural resources. It was these factors that had determined its role and place in the all-Union division of labour.
Moreover, for a long time the Republic had a deformed structure of the national economy due to the excessive burden of capital-intensive extractive industries and insufficient focus on meeting the needs of the population. Therefore, the transfer of enterprises and organisations of union subordination located on its territory to the jurisdiction of Turkmenistan had the main goal of facilitating the implementation of the sovereign rights and economic interests of Turkmenistan.
While working on the provisions of the Declaration, Turkmenistan adopted the crucial national plans and multi-purpose programmes, initiated measures to improve the standard of living of the population and modernise public administration. Special attention was paid to ensuring military and economic independence, food and environmental security and legal sovereignty.
It was with the declaration of independence that the revival of the historical institutions of state building of the Turkmen people, civil self-awareness and its political self-expression began to rise. For the first time, the Declaration proclaimed human rights as natural rights and changed methodological approaches to determining the status of man and citizen. The proclamation of sovereignty boosted the revival of the historical institutions of state building of the Turkmen people and civil self-awareness and its political self-expression.
The existence of real sovereign rights enabled Turkmenistan to build a fundamentally different political, economic and legal systems. Completely new social relations were formed. State sovereignty in the full sense of the word provided the opportunity to revive the national intangible and tangible values of the Turkmen people, rooted deep into the millennia.
Following the nationwide referendum on October 26, 1991, Turkmenistan was declared an independent state. Officially, the political will of the people was enshrined in the Constitutional Law of Turkmenistan On Independence and Fundamentals of State Structure of October 27, 1991. The normative legal act contained many innovations. Fundamentally new provisions were the declaration of the country an independent, democratic, jural and secular state.
According to this law, state power in Turkmenistan is exercised on the principle of its division into the legislative, executive and judicial branches. The document emphasises that the Supreme Council of Turkmenistan exercises legislative power, in accordance with the Constitution of Turkmenistan, and the highest official of Turkmenistan is the President. The head of state heads the executive power.
Constitution of independent Turkmenistan
The crucial principles of the formation and strengthening of state independence in the modern history of Turkmenistan are laid down in the Constitution. Turkmenistan was the first of the CIS Member States to adopt its Constitution on May 18, 1992. The adoption of the new Constitution is inextricably linked with the strengthening of independence, sovereignty, permanent neutrality of the Turkmen people, ensuring the rights and freedoms of every person and citizen, the desire to achieve civil cohesion and national harmony and establish the foundations of democracy, a democratic, secular, legal state.
The adoption of the 1992 Constitution was necessitated by the social, economic and political processes that had emerged by that time, the formation of a new state and legal status of Turkmenistan. The document symbolises the beginning of a new era in the history of the country and its people. In such a short period by historical standards, the Basic Law provided a solid foundation for the stable development and prosperity of our country. It contributed to preserving political stability and national cohesion in the state of society and state.
The adoption of the Constitution of Turkmenistan in 1992 boosted the revival of the institutions of national state building and civil self-awareness. Independence opened a glorious page in the modern national history and became the starting point in the formation of the modern statehood of Turkmenistan. Work was initiated to improve the standard of living of the population and modernise public administration.
Projects and programmes aimed at developing the economic, agricultural and social sector social sphere, and qualitatively improving the standard of living of the people were developed. The modernisation and structuring of public administration began. Specific measures were set to protect sovereignty, independence and territorial integrity and preserve and develop national statehood.
The Constitution reflected the fundamental changes that have occurred in the modern life of the Turkmen state and society, economy, politics, and ideology in recent years. It marks a new historical period of state and legal development and opens up a broad prospect for further improving national state building.
The Basic Law has made a significant step forward in the recognition of international law not only in regulating relations between subjects of global law, but also in regulating legal relations within the country. The Constitution of Turkmenistan determined the evolution of socio-political relations, introduced new adjustments to the content of state and legal institutions and state power management.
This is particularly noticeable in the block of regulation of state power management and division and the construction of a fundamentally different system of legislative, executive and judicial power. The Basic Law that defined the optimal prospects for constitutional development formulated the main areas of development of society and the state. It is based on centuries-old practices of constitutional construction and represents a step on the path of progress of human thought and world civilisation. The Constitution conforms with the main trends of progressive development of the science of constitutional law and other branches of national law.
The Constitution as the core of national legislation contributes to the successful combination in practice of universally recognised principles and norms with the national features of state building inherent to the Turkmen people. The document not only enshrines state sovereignty and independence, but also represents the triumph of democracy and progress, the crucial era of the new revival of the national statehood of the Turkmen people. It contributes to the improvement of state institutions and civil society, further democratisation and comprehensive development of the country.
At present, constitutional development reflects the centuries-old dreams of the people about unity, democracy, humanism, patriotism and justice and accumulates trends that have developed in the political, economic and social life not only of the country, but also of the nations of the international community and is characterised by further democratization of political and economic life, the implementation of the long-term goal facing Turkmenistan — joining modern developed democratic states of the world.
Modern history: confident gait
Turkmenistan has entered a new era. It is fundamentally different from previous periods of state development. The country has accumulated opportunities and built socio-political and legislative-legal foundations for further modernisation of public administration. During the years of independence, Turkmenistan has reached qualitatively new milestones in many sectors of the national economy.
Turkmenistan is implementing large-scale programmes aimed at enhancing the economic strength and raising the standard of living of the people. It is pursuing the policy of transferring the economy to market relations. New industries were created from scratch, including the fuel and energy, textile, processing, construction and manufacturing industries, and innovative methods and digital technologies were introduced.
Improving the well-being of the people and ensuring high pace of development of the country are the main goals of the reforms initiated by the President of Turkmenistan. During the years of independence, Turkmenistan has taken a worthy place in the global community of nations. On March 2, 1992, the country was elected a UN Member States and twice recognised as a permanent neutral state on December 12, 1995 and June 3, 2015 in accordance with the Resolutions of the UN General Assembly, it was.
Thus, since the UN was founded, Turkmenistan has become the only neutral state in the world recognised by the international community. During the years of independence, the foreign policy of Turkmenistan has been recognised by many world organisations and nations. The initiatives of the National Leader of the Turkmen people Gurbanguly Berdimuhamedov and President of Turkmenistan Serdar Berdimuhamedov receives support from the world community. Currently, the country ensures stable and reliable energy transit to international markets.
In the modern epoch, the institutions of national statehood are actively developing and improving to reach the modern level of development of civil society and the formation of civilized institutions of public administration. Turkmenistan is a country with high quality medicine and education, where everyone has an opportunity to improve the living conditions, with well-developed industry and agriculture, imbued with a sporting spirit and an aspiration for new victories, where the past is honoured, and the future is looked to with confidence.
Turkmenistan is a state with rich national and historical traditions and a dynamic modern cultural life that reconstructs architectural values and constructs high-tech buildings. Turkmenistan is an independent national state with all political and legal features. Independence has become a fundamental trait of the country in the framework of modern state and legal development.
