Turkmenistan as the state with the universally recognized international legal status of permanent neutrality stands for strict compliance with the spirit and tradition of international law, invariable commitment to its principles and rules, adherence of each party to the international obligations undertaken. At the same time Turkmenistan as a sovereign state and full member of international community actively contributes to improving the legal framework of international relations, developing and forming its new trends.

Turkmenistan attaches utmost importance to the role and responsibility of the subjects of international law that are the sovereign states as the direct participants of the legal community and true builders of its framework. The large international organisations, particularly the United Nations, are the universal mechanism for putting forward and discussing international legal initiatives, harmonizing the algorithm of collective actions that are subject to the legal logic and principles of civilized community.

Today Turkmenistan is known worldwide as the state-peacemaker striving for equal mutually advantageous cooperation with all peoples of the world. The positive role of neutrality of Turkmenistan in addressing regional problems can serve as a model for building international relations in the modern world. The existing model of permanent neutrality of Turkmenistan reflects constructive advancement of international community towards the world without wars and conflicts, cooperation based of the principles and norms of international law.

Turkmenistan is a country with the unique experience in developing the national legislation that directly embodies the international legal norms on the constitutional basis. In particular, the Basic Law of Turkmenistan contains the text of the historic international legal document – the Resolution of the UN General Assembly On the Permanent Neutrality of Turkmenistan of December 12, 1995 as well as clearly states the priority of the universally recognized norms of international law and commitments to the international agreements.

A historic milestone in development of the Turkmen society and a symbol of the exercise of the common aspirations of the people and the political and legal will of the state in the epoch of New Revival was the adoption of the new Constitution of Turkmenistan on September 26, 2008. This event was preceded by the laborious work on the draft under the leadership of President Gurbanguly Berdimuhamedov, who is the initiator of the constitutional reform in the country, the process of laying the legal path for the effective promotion of the policy reforms and changes in the society.

In the keynote speech at the second meeting of the Constitutional Commission in May 2008, the President of Turkmenistan comprehensively characterized the law making activity, specified the aims and objectives of preparing the legal documents that are important for all times. In particular, the President stressed that “this constitutional reform will significantly differ from the previous ones. The text of the Constitution must be worked out to comply with the international standards. Each constitutional norm should be reviewed in the light of the international conventions, treaties and agreements signed by Turkmenistan as well as the international law enforcement practice. The basic law of the country must embody the theoretical and practical achievements of the national and international experience in building the state. We must assume that only the deep comprehension and clear statement of the political and legal aspects of the modern world in the Constitution will ensure full-scale integration of the country into the system of international relations. The constitutional norms should be developed and formulated so that there will be no need to revise or amend them at each new stage of development of the state and society. Our basic law must be legally strong, stable, hard-to-change legal instrument and distinguished for the rigid and tough procedure of revising, amending, supplementing, adjusting it. This is the best guarantee of stability of the legal system of the country and structure of government. The style of presentation of this fundamental document is strictly political and legal, it should have no declarative rules. Each constitutional norm must be reasonable, efficient.”

The deep meaning of these words and the principles identified through them are the key points in the lawmaking process including international legal justification for the foreign policy and protection of the national interests of the Turkmen state on a world arena. In this context it should be noted that the Constitution contains the basic provisions that secure Turkmenistan’s commitment to the highest values and principles of civilized community operating particularly within the framework of the United Nations.



Author: Begench KARAEV