Law on Republic Citizenship

Chapter I - GENERAL PROVISIONS

Article 1 - Turkmenistan citizenship

Turkmenistan citizenship, being an integral attribute of the sovereignty of Turkmenistan, determines an individual's affiliation with the state and a stable legal connection between them, and the totality of their mutual rights and responsibilities.

Article 2 - The Citizen and the state

Turkmenistan, as represented by its organs and officials, is responsible to the citizens of Turkmenistan, and a citizen of Turkmenistan is responsible to the state. He must obey the Constitution and the laws, fulfill the responsibilities established by them, defend Turkmenistan's interests, protect its territorial integrity, and show respect for the culture, customs, traditions, and language of the Turkmen people and representatives of all nationalities living on the territory of Turkmenistan.

Article 3 - Citizens of Turkmenistan

Citizens of Turkmenistan are individuals who have acquired citizenship in keeping with the present law.

Article 4 - The Right to citizenship

A citizen of Turkmenistan may not be deprived of his citizenship or of the right to change his citizenship.

Article 5 - Equal citizenship

Turkmen citizenship is equal for all citizens of Turkmenistan, regardless of the basis of its acquisition.

Article 6 - Foreign citizens and individuals without citizenship

In Turkmenistan, foreign citizens are individuals who are not citizens of Turkmenistan and have proof of their citizenship in another country.

Individuals who are not citizens of Turkmenistan and do not have proof of their citizenship in another country are regarded as individuals without citizenship.

Foreign citizens and individuals without citizenship on the territory of Turkmenistan enjoy the rights and freedoms of citizens of Turkmenistan unless otherwise specified by legislation.

Foreign citizens on the territory of Turkmenistan are guaranteed the right to contact diplomatic representatives and consular institutions of their countries.

Article 7 - The inadmissibility of banishing or turning a citizen of Turkmenistan over to another country or restricting his fight to return to his homeland

A citizen of Turkmenistan may not be banished outside Turkmenistan or restricted in his right to return to his homeland.

A citizen of Turkmenistan may not be turned over to another country unless this is stipulated by Turkmenistan's interstate agreements or international legal acts (treaties, conventions), if Turkmenistan participates in them.

Article 8 - State protection of rights and legitimate interests of citizens of Turkmenistan

Turkmenistan protects the rights and legitimate interests of its citizens both on its territory and outside it.

Turkmenistan, its diplomatic representative offices and consular institutions, and also their officials are obligated to take measures to make sure that citizens of Turkmenistan enjoy all the fights granted to them by legislation of the country they are visiting and international treaties in which Turkmenistan and the state they are visiting participate.

If in the country where citizens of Turkmenistan are visiting there are no representatives or consular institutions of Turkmenistan, the protection of the fights and legitimate interests of citizens of Turkmenistan, in keeping with international treaties of Turkmenistan, may be provided by the corresponding organs of the other countries.

Article 9 - Dual citizenship

Turkmenistan recognizes dual citizenship, that is, a person's having citizenship in other states in addition to his Turkmenistan citizenship.

Article 10 - The document confirming Turkmenistan citizenship

The document confirming Turkmenistan citizenship is the passport of a citizen of Turkmenistan.

The format of the passport and the procedure and conditions for issuing it are determined by the Cabinet of Ministers.

The citizenship of children under 16 years of age is confirmed by their birth certificates or the passport of one of their parents who is a citizen of Turkmenistan.

Chapter II - ACQUISITION AND RETENTION OF TURKMEN CITIZENSHIP - RESTORATION OF TURKMENISTAN CITIZENSHIP

Article 11 - Grounds for acquiring citizenship

Turkmenistan citizenship is acquired:

1    by birth;

2    as a result of acceptance for Turkmen citizenship;

3    on other grounds specified by the present law.

Article 12 - Citizenship of children whose parents are citizens of Turkmenistan

A child, both of whose parents have Turkmen citizenship at the time of its birth, is a citizen of Turkmenistan, regardless of whether it was born on the territory of Turkmenistan or outside it.

Article 13 - Citizenship of children, one of whose parents is a citizen of Turkmenistan

If at the time of birth, one of the parents had Turkmen citizenship, the child is a citizen of Turkmenistan:

1    if it was born on the territory of Turkmenistan,

2    if it was born outside Turkmenistan but one or both parents had permanent residence on the territory of Turkmenistan at the time.

When the parents have different citizenship and at the time of the birth of the child one of them has Turkmen citizenship, if at the time both parents have permanent residence outside Turkmenistan, the citizenship of the child is determined with the agreement of the parents, expressed in written form.

A child, one of whose parents was a citizen of Turkmenistan at the time of its birth and the other was an individual without citizenship or was unknown, is a citizen of Turkmenistan regardless of its place of birth.

If paternity is established of a child whose mother is an individual without citizenship and the father is a citizen of Turkmenistan, a child under 14 years of age becomes a citizen of Turkmenistan regardless of its place of birth. If this child resides permanently outside Turkmenistan, its citizenship is determined on the basis of a written application from its parents.

Article 14 - The acquisition of Turkmenistan citizenship by children of individuals without citizenship

A child born on the territory of Turkmenistan to individuals without citizenship who reside permanently on the territory of Turkmenistan is a citizen of Turkmenistan.

Article 15 - Citizenship of children whose parents are unknown

A child located on the territory of Turkmenistan, both of whose parents are unknown is regarded as having been born there and is considered a citizen of Turkmenistan. In the event of the discovery of even one of its parents, a guardian, or a trustee, the child's citizenship may change according to the present law.

Article 16 - Acquisition or retention of citizenship upon marriage or dissolution of marriage

The marriage of a citizen of Turkmenistan to an individual with citizenship in another country or an individual without citizenship and also the dissolution of such a marriage do not entail a change in the citizenship of the married couple.

A change in the citizenship of one of the spouses does not entail a change in the citizenship of the other.

An individual marrying a citizen of Turkmenistan is accepted for Turkmen citizenship if he applies for Turkmen citizenship and the conditions specified in Article 18 of the present law are met.

Article 17 - Retention of Turkmen citizenship by individuals residing in another country

The residence of a citizen of Turkmenistan on the territory of another country does not mean termination of Turkmen citizenship.

Article 18 - Conditions for acceptance into the citizenship of Turkmenistan

An individual may be accepted into the citizenship of Turkmenistan by his petition if he:

1    makes a commitment to obey and respect the Constitution and laws of Turkmenistan;

2    knows the state language of Turkmenistan sufficiently well to communicate;

3    has had permanent residence on the territory of Turkmenistan for the past seven years;

4    has a legitimate source of livelihood on the territory of Turkmenistan.

In exceptional cases, the president has the right to accept a petitioner for Turkmen citizenship if only point 1 of Part 1 of the present article is fulfilled.

A petition for acceptance as a citizen of Turkmenistan is denied if the petitioning individual:

1    has committed a crime against humanity specified by international law or has committed genocide;

2    has been sentenced to punishment in the form of incarceration for a serious premeditated criminal act;

3    deliberately works against the independence of Turkmenistan.

The provision of Part 3 of the present article applies also to individuals indicated in Article 19, 20, and Part 2 of Article 49 of the present law.

Article 19 - The right to simplified acquisition of Turkmen citizenship

Turkmens who reside in and were born in other countries, except countries of the former USSR, have the right to simplified acquisition of Turkmenistan citizenship. This right is also enjoyed by individuals who have resided permanently on the territory of Turkmenistan but were forced to move from its territory or left it as a result of persecution or religious factors, and also by their offspring.

Citizenship is granted to these individuals if they wish it and if they meet the conditions specified by points 1, 2, and 4 of Part 1 of Article 18 of the present law.

Article 20 - Restoration of Turkmen citizenship

An individual who has terminated his Turkmen citizenship on grounds specified by Article 21, points 1 and 3 of Article 22, and on other grounds specified by the present law may be restored to Turkmen citizenship by petition if at the time the petition is submitted he is residing on the territory of Turkmenistan or intends to settle there, and also if he meets the conditions specified by points 1 and 2 of Part 1 of Article 18 of the present law.

Chapter III - TERMINATION OF TURKMEN CITIZENSHIP

Article 21 - Grounds for terminating Turkmenistan citizenship

Turkmenistan citizenship is terminated:

1    as a result of renunciation of Turkmen citizenship;

2    as a result of the loss of Turkmen citizenship;

3    on other grounds specified by the present law.

Article 22 - Renunciation of Turkmen citizenship

Renunciation of Turkmenistan citizenship is accomplished by a petition from the individual according to the procedure established by the present law.

Renunciation of Turkmen citizenship is not allowed if the individual petitioning for renunciation has had criminal charges brought against him or has received a court sentence which is in effect and subject to execution, or if he owes taxes or other unpaid debts and commitments to the state and citizens of Turkmenistan or to enterprises, organizations, or institutions located on the territory of Turkmenistan.

Article 23 - Loss of Turkmen citizenship Turkmen citizenship is lost:

1    as a result of the individual's entry into military service, the security service, police, justice organs, or other organs of state power and administration in another country, with the exception of cases specified by interstate agreements with Turkmenistan;

2    if Turkmenistan citizenship has been acquired as a result of deliberately submitting false information or forged documents;

3    on grounds specified by interstate agreements of Turkmenistan.

Loss of Turkmenistan citizenship on the basis of point 1 goes into effect from the time of registration of the given fact by authorized state organs indicated in Article 34 of the present law.

Chapter IV - CITIZENSHIP OF CHILDREN UPON CHANGE OF CITIZENSHIP OF PARENTS AND UPON ADOPTION

Article 24 - Change in the citizenship of children upon a change in the citizenship of the parents

When there is a change in the citizenship of the parents, as a result of which both parents becomes citizens of Turkmenistan or both renounce Turkmen citizenship, the citizenship of their children under 14 years of age changes correspondingly.

If only one of the child's parents is known, upon a change in the citizenship of this parent, the citizenship of the child under 14 years of age changes correspondingly.

At the request of the parents, or of one of them, if the other is unknown, if they change their Turkmenistan citizenship, a child up to 16 years of age may retain his Turkmen citizenship.

The citizenship of children does not change with a change in the citizenship of parents who have lost their parental rights.

Article 25 - The acquisition by children under 14 years of age of Turkmen citizenship in the case of acquisition of Turkmen citizenship by one of their parents

If one of the parents acquires Turkmen citizenship and the other remains a citizen of another country, the child may acquire Turkmen citizenship by a joint petition from its parents.

If Turkmen citizenship is acquired by one of the parents and the other remains an individual without citizenship, a child residing on the territory of Turkmenistan becomes a citizen of Turkmenistan.

Article 26 - Retention by children under 14 years of age of Turkmen citizenship in the event of the renunciation by one of their parents of Turkmen citizenship or the loss of it

If one of the parents renounces his Turkmen citizenship or loses it, and the other remains a citizen of Turkmenistan, the child retains its Turkmen citizenship. By a petition of both parents this child may be permitted to renounce its Turkmen citizenship.

Article 27 - Acquisition by children under 14 years of age of Turkmen citizenship in the event of adoption

A child who is a citizen of another country or an individual without citizenship who is adopted by a citizen of Turkmenistan becomes a citizen of Turkmenistan.

A child who is a citizen of another country, upon adoption by a couple, one of whom is a citizen of Turkmenistan and the other an individual without citizenship, becomes a citizen of Turkmenistan.

A child who is an individual without citizenship, upon adoption by a couple, one of whom is a citizen of Turkmenistan, becomes a citizen of Turkmenistan.

A child who is a citizen of another country, upon adoption by a couple, one of whom is a citizen of Turkmenistan and the other a citizen of another country, becomes a citizen of Turkmenistan with the agreement of the adoptive parents, expressed in written form.

Article 28 - Retention of Turkmen citizenship by a child for whom guardianship has been established

If both parents or one of the parents of a child under 14 years of age residing on the territory of Turkmenistan renounce their Turkmen citizenship or lose it and are at the same time deprived of parental rights, a child, by petition from the guardian, retains Turkmen citizenship.

Article 29 - Retention by children under 14 years of age of Turkmenistan citizenship in the event of adoption

A child who is a citizen of Turkmenistan who is adopted by citizens of another country retains Turkmen citizenship in the event that he resides on the territory of Turkmenistan.

A child who is a citizen of Turkmenistan who is adopted by a couple, one of whom is a citizen of Turkmenistan and the other is a citizen of another country, retains citizen in Turkmenistan.

By a petition of adoptive parents in cases indicated in Parts 1 and 2 of the present article, this child may be permitted to renounce his Turkmen citizenship.

A child who is a citizen of Turkmenistan and who is adopted by individuals without citizenship or a couple, one of whom is a citizen of Turkmenistan and the other an individual without citizenship, retains Turkmen citizenship.

Article 30 - The need for the consent of the children when their citizenship is changed

A change in the citizenship of children from 14 to 18 years of age in the event of a change in the citizenship of their parents, and also in the event that they are adopted, may follow only with the written consent of the children.

Chapter V - ORGANS MAKING DECISIONS ON QUESTIONS OF CITIZENSHIP AND THEIR AUTHORITY

Article 31 - The president of Turkmenistan

Decisions regarding Turkmen citizenship are made by the president, and, in the case described in Part 2 of Article 61 of the Constitution-by the chairman of the majlis of Turkmenistan.

The president of Turkmenistan makes the following decisions regarding questions of citizenship:

1    acceptance for Turkmen citizenship of citizens of other countries and individuals without citizenship residing on the territory of Turkmenistan and outside it;

2    restoration of Turkmenistan citizenship;

3    renunciation to Turkmenistan citizenship;

4    rejection of a petition for acceptance for and restoration of citizenship;

5    loss of Turkmen citizenship on the basis of points 2 and 3 of Article 22 of the present law.

Article 32 - Organs that prepare and fill out documents on citizenship

Documents concerning Turkmen citizenship are prepared and filled out:

1    for individuals permanently residing on the territory of Turkmenistan-the Ministry of Internal Affairs;

2    for individuals permanently residing abroad-the Ministry of Foreign Affairs.

Article 33 - Authority of internal affairs organs of Turkmenistan

The Ministry of Internal Affairs and internal affairs administrations and divisions of local organs of executive power:

1    accept from individuals residing permanently in Turkmenistan applications regarding questions of citizenship and send them along with the necessary documents for the consideration of the president;

2    register the loss of Turkmenistan citizenship by individuals permanently residing on the territory of Turkmenistan;

3    determine the status of individuals permanently residing in Turkmenistan with respect to Turkmen citizenship.

Article 34 - The authority of the Ministry of Foreign Affairs, diplomatic representative offices, and consular institutions of Turkmenistan

The Ministry of Foreign Affairs, diplomatic representative offices, and consular institutions in other countries:

1    accept from individuals permanently residing outside Turkmenistan applications regarding questions of Turkmen citizenship and send them along with the necessary documents for the consideration of the president;

2    register the loss of Turkmen citizenship by individuals permanently residing outside Turkmenistan;

3    keep track of citizens of Turkmenistan permanently residing outside Turkmenistan;

4    determine the status of individuals residing abroad with respect to Turkmen citizenship.

In the event that there are no representative offices or consular institutions of Turkmenistan in one country or another, the functions of these organs are performed by diplomatic representative offices and consular institutions of other countries on the basis of the corresponding agreements.

Chapter VI - PAPERWORK ON QUESTIONS OF CITIZENSHIP

Article 35 - The form and procedure for submitting applications regarding questions of citizenship

Questions of acceptance, renunciation, or restoration to Turkmen citizenship are considered with a written application from the individual involved.

Applications regarding questions of citizenship are submitted to the office of the president of Turkmenistan through internal affairs organs in the place of permanent residence of the applicants, and for individuals permanently residing abroad-through the corresponding diplomatic representative offices or consular institutions of Turkmenistan.

In the cases specified in Chapter IV of the present law and also with respect to individuals declared incapable according to the procedure established by law, applications regarding questions of Turkmen citizenship are submitted by parents or other legal representatives. Signatures on these documents are notarized. The signatures of citizens of Turkmenistan residing abroad may be certified by diplomatic representative offices or consular institutions of Turkmenistan.

Article 36 - Findings concerning applications on questions of Turkmen citizenship

Internal affairs organs or diplomatic representative offices, consular institutions, or authorized representatives of Turkmenistan that fill out applications on questions of citizenship include their conclusions and reasoning concerning them.

The Ministry of Internal Affairs, the Ministry of Foreign Affairs, and the National Security Committee send their findings regarding applications or statements regarding questions of citizenship along with other necessary materials.

The commission on questions of citizenship under the president submit to the president a substantiated conclusion about the expediency of acceptance for citizenship, or the renunciation or restoration of it for each applicant permanently residing outside the territory of Turkmenistan, including about the possibility of his labor, housing, or other placement in Turkmenistan.

In the finding on the application for renunciation of citizenship, precise information is given pertaining to questions indicated in Article 21 of the present law.

Article 37 - Procedure for consideration of documents on questions of citizenship

For a preliminary consideration of questions of citizenship, the president is forming a commission on questions of citizenship.

Documents sent to the president concerning questions of citizenship are considered by this commission.

During consideration of applications and information on questions of citizenship, the commission comprehensively evaluates the arguments of the applicant, the content of the information, the findings of state organs, other documents, and properly drawn up witness testimony.

The commission has the right to demand documents and materials concerning the case it is processing from the corresponding state organs and public associations, which submit the necessary information by the deadline set by the commission.

The commission submits for the president's consideration proposals concerning each application or set of information.

Meetings of the commission are authorized if more than half of its members participate in them. A decision of the commission is made by a majority of votes.

The commission's decision is documented by a protocol signed by all members of the commission who participated in the meeting.

Article 38 - Documents regarding citizenship

The president of Turkmenistan issues edicts regarding acceptance, restoration, and renunciation of citizenship, and if a petition is rejected or citizenship is lost on the basis of points 2 and 3 of Article 22 of the present law-decrees.

Article 39 - Deadline for consideration of applications on questions of citizenship

The time period for consideration of applications concerning questions of citizenship should not exceed six months.

Article 40 - Reconsideration of petitions regarding questions of citizenship

A re-application regarding a question of acceptance, restoration, or renunciation of citizenship is considered after one year has passed since the preceding decision regarding this issue. In the event of the discovery of circumstances essential to the case which were not or could not have been known to the applicant, the repeat petition may also be considered earlier.

Article 41 - Calculation of the time period of acquisition, loss, and renunciation of citizenship

Turkmenistan citizenship is acquired on the day of :

1    the publication of the president's edict on acceptance for citizenship,

2    the birth or adoption of minors;

3    the publication of the president's edict on acceptance of parents of minors for Turkmen citizenship.

Loss of Turkmen citizenship on the basis of points 2 and 3 of Article 22 of the present law occurs on the day of the adoption of the president's decree regarding this issue.

Citizenship is considered to be restored on the day of publication of the president's edict regarding this issue.

Article 42 - Calculation of the period of residence on the territory of Turkmenistan

The period of permanent residence on the territory of Turkmenistan indicated in Part 1 of Article 18 of the present law includes:

1    time of service in the Army, if the individual resided on the territory of Turkmenistan before that and the hiatus between the day of discharge from the Army and the day of arrival in Turkmenistan for permanent residence does not exceed six months;

2    time of training outside Turkmenistan, if the hiatus between the completion of training or departure from the educational institution and the day of arrival in Turkmenistan does not exceed six months;

3    time spent on temporary duty outside Turkmenistan, if the hiatus between the completion of the temporary duty and the day of arrival in Turkmenistan does not exceed six months.

The calculation of the six-month period indicated in Part 1 of the present article is suspended in the event if illness, a natural disaster, and other valid reasons.

The time of residence on the territory of Turkmenistan does not include time spent serving prison sentences assigned by judicial organs and other state measures for criminal punishment, nor does it include time spent on the territory of Turkmenistan on temporary duty, for medical treatment, or other instances of temporary residence.

The president also has the right to recognize and include other circumstances having to do with the individual's absence from the territory of Turkmenistan in the period of permanent residence on the territory of Turkmenistan.

The period of residence on the territory of Turkmenistan does not include the period preceding the change of the individual's affiliation to citizenship of Turkmenistan.

Chapter VII - IMPLEMENTATION OF DECISIONS ON QUESTION OF CITIZENSHIP

Article 43 - Organs implementing decisions regarding questions of citizenship

The implementation of decisions regarding questions of citizenship with respect to individuals permanently residing in Turkmenistan are assigned to the Ministry of Internal Affairs and the administrations and departments of internal affairs, and for individuals residing in another country-the Ministry of Foreign Affairs and the corresponding diplomatic representative offices, consular institutions, and other authorized institutions of Turkmenistan.

Internal affairs organs or diplomatic representative offices or consular institutions grant a passport of a citizen of Turkmenistan to individuals who have acquired Turkmenistan citizenship. An entry indicating Turkmen citizenship is made in the documents of children under 16 years of age.

Internal affairs organs grant residency permits to individuals residing in Turkmenistan whose citizenship has been terminated.

Article 44 - Monitoring the implementation of decisions regarding questions of citizenship

The implementation of decisions regarding questions of citizenship is monitored by a presidential commission on questions of citizenship.

Article 45 - Procedure for consideration of petitions regarding questions of citizenship

The procedure for consideration of questions regarding Turkmen citizenship and the implementation of decisions is determined by the president.

Chapter VIII - APPEALING DECISIONS REGARDING QUESTIONS OF CITIZENSHIP

Article 46 - Appealing decisions regarding questions of citizenship

Decisions regarding questions of citizenship may be revised by the president.

Complaints about decisions regarding questions of citizenship are addressed to the president.

Article 47 - Appealing incorrect actions by officials regarding questions of citizenship

An unjustified refusal to accept applications regarding questions of citizenship, violation of the deadlines for consideration of applications, and also other incorrect actions by officials who violate the procedure for the consideration of cases concerning citizenship and the procedure for implementing decisions regarding questions of citizenship may be appealed to the next higher official or the court.

Chapter IX - INTERSTATE AND INTERNATIONAL TREATIES

Article 48 - Application of interstate and international treaties

If an interstate or international treaty of Turkmenistan establishes different rules from the ones contained in the present law, the rules of the interstate or international agreement apply.

Chapter X - TRANSITION PROVISIONS

Article 49 - Recognition of Turkmen citizenship

All citizens of the former USSR residing permanently on the territory of Turkmenistan at the time the present law goes into force are recognized as citizens of Turkmenistan unless they refuse Turkmen citizenship in writing.

Citizens of the USSR who were born on the territory of Turkmenistan and left for permanent residence in other countries of the former USSR before the present law goes into force are recognized as citizens of Turkmenistan if they affirm their desire in writing within one year of the day the present law goes into force. These provisions extend also to the direct-line descendants of the aforementioned individuals.

Article 50 - Rights of individuals who have temporarily gone abroad

Individuals who have temporarily gone abroad because of

- a call-up to active regular military service;

- a call-up of officers from reserve for active duty;

- labor and job relations of training, medical treatment, or work assignment abroad (regardless of place of registration);

- accommodations in state children's institutions for education, with relatives, or with guardian or trustee or the performance of duties of the guardian or trustee;

- are regarded as permanent residents of the territory of Turkmenistan and citizens of Turkmenistan in keeping with Article 49 of the present law.

Article 51 - Use of the passport of a citizen of the USSR

During the period up until receipt by the citizens of Turkmenistan of a passport of a citizen of Turkmenistan, citizens will use passports of a citizen of the USSR.