Interpretation of Statutes at Turkmenistan
Interpretation of Statutes in Turkmenistan – Overview
Turkmenistan operates under a civil law system with influences from its Soviet legal heritage. Statutory interpretation is primarily textual and formalistic but is evolving to incorporate considerations of legislative intent and constitutional principles.
1. Legal Framework
The Constitution of Turkmenistan (1992, amended) is the highest legal authority.
Laws are enacted by the Mejlis (Parliament).
The Supreme Court of Turkmenistan is the main judicial body interpreting laws.
International treaties ratified by Turkmenistan hold supremacy over national laws.
Statutory interpretation must align with constitutional norms and state policy.
2. Methods of Statutory Interpretation
🔹 Literal Interpretation
Courts generally give effect to the plain and grammatical meaning of statutory texts.
If language is clear, it is applied strictly.
🔹 Systematic Interpretation
Statutes are interpreted in the context of other laws and the overall legal system.
Ensures coherence and avoids contradictions.
🔹 Teleological (Purpose-Oriented) Interpretation
Used when language is ambiguous.
Focuses on the purpose and objectives of the law to guide interpretation.
🔹 Constitutional Consistency
Interpretation must not conflict with constitutional provisions.
Constitutional principles take precedence in case of conflict.
3. Role of Courts
The Supreme Court provides authoritative interpretations of laws.
Lower courts follow Supreme Court guidance.
Judicial interpretations are influenced by legislative intent and state policies.
4. Legal Hierarchy
Constitution
Ratified International Treaties
Laws and Codes
Regulations and Subordinate Legislation
5. Summary Table
| Interpretation Method | Description |
|---|---|
| Literal | Plain, grammatical meaning of the statute |
| Systematic | Harmonizing interpretation with related laws |
| Teleological | Considering legislative purpose when ambiguous |
| Constitutional | Consistency with constitutional provisions |
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