CONSTITUTION (BASIC LAW) of
the Autonomous
Chapter I
The organization of the society
Article 1.
The Autonomous Soviet Socialist Republic of Abkhazia is a socialist
state of workers and peasants.
Chapter II
The organization of the state
Article 13. The
Autonomous Soviet Socialist Republic of Abkhazia is included in the Soviet
Socialist Republic of Georgia with the rights of
The Autonomous Soviet Socialist Republic of
Abkhazia exercises its jurisdiction outside of competence specified for in
Article 14 of the Constitution of the
Article 14. The Autonomous Soviet Socialist
Republic of Abkhazia includes: Gagra, Gali, Gudauta,
Article 15.
The territory of the Autonomous Soviet Socialist Republic of Abkhazia
shall not be altered without its consent.
Article 16. The laws of the
Article 17. The citizen of the Abkhaz SSR is
the citizen of the Georgian SSR and of the
Any citizen of the Georgian SSR, as well as of
other
Article 18. The jurisdiction of the Autonomous
Soviet Socialist Republic of Abkhazia, as represented by its highest organs of
state authority and organs of government, covers:
a) adoption of the Constitution of the Abkhaz
ASSR, its submission to the Supreme Soviet of the Georgian SSR, controls the
observance of the Constitution;
b) determination of boundaries of the districts
and cities subject to further submission to the Supreme Soviet of the Georgian
SSR for approval;
c) legislation of the Autonomous Soviet
Socialist Republic of Abkhazia;
d) safeguarding the public order and civil
rights;
e) Approval of the public-economic plans of the
Abkhaz ASSR;
f) Approval of the state budget of the Abkhaz
ASSR;
g) Introduction of state and local taxes, dues
and non-tax income in accordance of the legislation of the
h)
management of implementation of budgets of district, city and village
soviets;
i) administration of insurance and savings;
j) administration of industrial, agricultural
and trade initiatives and management of the organizations of the republican
importance, as well as the management of the local industry;
i) control and monitoring over the situation and
management of the organs subordinate to the
j) control and management of the rules for the
use of land, its bowels, water and forest in accordance with the laws of the
k) administration of municipal improvements, housing
and public utilities in the cities and other settlements;
l) road construction, management of local
transport and of local communications;
m) control over the implementation of the Labour Law of the
n) management of the public health affairs;
o) management of the social security affairs;
p) administration of primary, secondary and
high educational institutions;
q) administration of cultural-education and
scientific institutions of the Abkhaz ASSR;
r) management and organization of the physical
culture and sport affairs;
s) arrangement of the judicial organs of the
Abkhaz ASSR.
Chapter III
The highest organs of the state authority of
the
Autonomous
Article 19. Supreme Soviet of the Autonomous
Soviet Socialist Republic of Abkhazia is the highest organ of the state
authority of the Autonomous Soviet Socialist Republic of Abkhazia.
Article 20. Supreme Soviet of the Autonomous
Soviet Socialist Republic of Abkhazia shall exercise all the rights under the
jurisdiction of the Abkhaz ASSR in conformity to Article 13 and Article 18 of
the Constitution of the Abkhaz ASSR as they are, on the basis of this
Constitution, outside of the of the competence of the organs that are
accountable to the Supreme Soviet of the Abkhaz ASSR: presidium of the Supreme
Soviet of the Abkhaz ASSR, Council of People’s Commissars of the Abkhaz ASSR
and the People’s Commissariats of the Abkhaz ASSR.
Article 21. The Supreme Soviet of the Abkhaz ASSR
is the sole legislative organ of the Abkhaz ASSR;
Article 22. The Supreme Soviet of the Abkhaz
ASSR shall be elected by the citizens of the Abkhaz ASSR for a term of four
years according to the electoral district upon the following norm: one deputy
for 3000 inhabitants.
Article 23.
A law is considered adopted if passed by the Supreme Soviet of the
Abkhaz ASSR by a simple majority of votes.
24. The laws adopted by the Supreme Soviet of
the Abkhaz ASSR shall be published in Abkhaz and Georgian languages over the
signatures of the Chairman and Secretary of the Presidium of the Supreme Soviet
of the Abkhaz ASSR.
Article 25. The Supreme Soviet of the Abkhaz
ASSR elects the chairman of the Supreme Soviet of the Abkhaz ASSR and two
Vice-Chairmen.
Article 26. The Chairman of the Supreme Soviet
of the Abkhaz ASSR presides the sessions of the Supreme Soviet of the Abkhaz
ASSR and directs the internal procedures of the organ.
Article 27.
The sessions of the Supreme Soviet of the Abkhaz ASSR are convened by the Presidium of the Supreme
Soviet of the Abkhaz ASSR twice a year.
Special sessions are convened by the Presidium
of the Supreme Soviet of the Abkhaz ASSR at its discretion or at the request of
the one third of deputies of the Supreme Soviet.
Article 28.
Supreme Soviet of the Abkhaz ASSR elects the presidium of the Supreme
Soviet of the Abkhaz SSR consisting of a Chairman of the presidium of the
Supreme Soviet of the Abkhaz ASSR, Vice-Chairman, a secretary and 8 members of
the presidium.
Article 29.
The presidium of the Supreme Soviet of the Abkhaz ASSR is accountable to
the Supreme Soviet of the Abkhaz ASSR.
Article 30. The Presidium of the Supreme Soviet
of the Abkhaz ASSR:
a) Convenes the sessions of the Supreme Soviet
of the Abkhaz ASSR;
b) Interprets laws of the Abkhaz ASSR, issues
decrees;
c) Conducts referendum;
d) Annuls decisions and orders of the Council
of people’s Commissars of the Abkhaz ASSR and decisions and orders of the
district and city soviets of the Abkhaz ASSR in case they do not conform to
law;
e) In the periods between the convocation of
the sessions of the Supreme Soviet of the Abkhaz ASSR relieves of their posts
and appoints certain People’s Commissars upon nomination of the Chairman of the
Council of people’s Commissars of the Abkhaz ASSR, subject to subsequent
confirmation by the Supreme Soviet of the Abkhaz ASSR;
f) Confers titles of honour
of the Abkhaz ASSR.
Article 37. Supreme Soviet of the Abkhaz ASSR
forms the Government of the Abkhaz ASSR – the Council of People’s Commissars of
the Abkhaz ASSR.
Chapter IV
The organs of government of the Autonomous
Soviet Socialist Republic of Abkhazia
Article
38. The highest executive and
administrative organ of the state authority of the Autonomous Soviet Socialist
Republic of Abkhazia is the Council of People’s Commissars of the Abkhaz ASSR.
(...)
Article 39. The Council of People’s Commissars
of the Autonomous Soviet Socialist Republic of Abkhazia is responsible and
accountable to the Supreme Soviet of the Abkhaz ASSR; and in the intervals
between sessions of the Supreme Soviet of the Abkhaz SSR it is responsible and
accountable to the Presidium of the Supreme Soviet of the Abkhaz ASSR.
Article 40. The Council of the People’s
Commissars of the Abkhaz ASSR issues decisions and orders on the basis and in
pursuance of the laws of the
41. Decisions and Orders of the Council of
People’s Commissars of the Abkhaz ASSR are binding throughout the territory of
the Abkhaz ASSR.
Article 42. The Council of People’s Commissars
of the Abkhaz ASSR:
a) Coordinates and directs the work of the
Commissariats of the Abkhaz ASSR and of other institutions, cultural and
economic, under its subordination.
coordinates and controls the activity of the representatives of the
all0Union and Union-Republican People’s Commissariats.
b) Adopts the measures to carry out the
public-economic plan;
c) Adopts measures to carry out the state and
local budgets of the Abkhaz ASSR;
d)
Adopts the measures for securing the public order, for protection of
state interests, and for safeguarding the rights of citizens;
e) Directs and controls the activity of the
District and City executive committees of the Soviets of Working People’s
Deputies
Article 43. The Council of People’s Commissars
of the Abkhaz ASSR has the right to annul decisions and orders of the District and
City executive committees of the Soviets of Working People’s Deputies and to
suspend decisions and orders of the District and City Soviets of the Working
People’s Deputies.
The Council of people’s Commissars of the
Abkhaz ASSR has the right to revoke the Orders and Instructions of the People’s
Commissars of the Abkhaz ASSR.
Article 44. The Council of People’s Commissars
of the Abkhaz ASSR is appointed by the Supreme Soviet of the Abkhaz ASSR and
consists of:
The Chairman of the Council of people’s
Commissars of the Abkhaz ASSR;
Two Vice-Chairmen of the Council of people’s
Commissars of the Abkhaz ASSR;
The Chairman of the state Planning Commission
of the Abkhaz ASSR;
The following People’s Commissars of the Abkhaz
ASSR:
Agriculture,
Finance;
Internal Trade;
Internal Affairs;
health-care;
Education;
Local Industry;
Municipal Economy;
Social Protection;
Head of Road Department;
Representative of the Food Processing Committee
of the
Head of Department on Arts.
Article 46. The people’s Commissars of the
Abkhaz ASSR direct the branches of state administration which come within the
jurisdiction of the Abkhaz ASSR in conformity to the Constitution of the
Georgian SSR and of the Abkhaz ASSR.
Article 47. The people’s Commissars of the Abkhaz
ASSR issue, within the limits of their jurisdiction, orders and instruction on
the basis and in pursuance of the laws of the
Article 48.
The people’s Commissariats of the Abkhaz ASSR direct the branches of
state administration entrusted to them and they are subordinate to the Council
of People’s Commissars, as well as to the relevant People’s Commissariat of the
Georgian SSR.
Chapter V
Local organs of State Authorities
Article 49. The Soviets of the Working People’s
Deputies are the organs of state authority in districts, cities, villages and
rural settlements.
Article 50. The district, city, village and
rural settlement Soviets of Working People’s Deputies shall be elected by the
workers of respective territorial entity for a term of two years.
Article 51. The Soviets of Working People’s Deputies
(district, city, village, rural settlement) direct the cultural-political and
economic development of their respective territories, draw-up the local budget
and direct the work of the organs of administration subordinate to them, ensure
the maintenance of public order, the observance of the laws and the protection
of the rights of citizens.
Article 52. The Soviets of Working People’s
Deputies adopt decisions and issue orders within the limits of the powers
vested in them by the laws of the
Article 53. The executive and administrative
organs of Soviets of Working People’s Deputies of districts, cities, village
and rural localities are the executive Committees elected by them, consisting
of a Chairman, Vice-Chairmen, a Secretary and members.
Article 54. The executive
and administrative organ of rural Soviets of Working people’s Deputies in small
localities is the Chairman, the Vice-Chairman, and the Secretary elected by
them.
Article 55. The executive committees of the
Soviets of Working People’s Deputies (district, city, village and rural
settlement) direct the cultural-political and economic development of their
respective territories in pursuance of the decisions of the relevant Soviet of
the Working People’s Deputies and of the higher organs of the state authority.
Article 56. The executive committee of the
district Soviet of the Working People’s Deputies shall convene the session not
less than 6 times a year.
Article 57. The executive committees of the
Soviets of Working People’s Deputies of the city, village and rural localities
shall convene the session of their respective executive organs not less that
once a month.
Chapter VI.
The Budget of the Autonomous
Article 72. The income from the local economy,
as well as the revenues from local taxes and dues of the Autonomous Soviet
Socialist Republic of Abkhazia, as well as the local payment and assets shall
be allotted to the budget of the Abkhaz ASSR according to the quantity
determined by the legislation of the
Chapter VII
Courts and Procurator’s Office
Article 73. In the Autonomous Soviet Socialist
Republic of Abkhazia justice is administered by the People’s Courts, the
Supreme of the Abkhaz ASSR and the Special Courts of the
Article 75. The Supreme Court of the Autonomous
Soviet Socialist Republic of Abkhazia is the highest judicial body in the
Abkhaz ASSR. It is entitled to supervise the administration of justice at the
courts of the Abkhaz ASSR.
Article 76. The Supreme Court of the Autonomous
Soviet Socialist Republic of Abkhazia shall be elected by the Supreme Soviet of
the Abkhaz ASSR.
Article 77. The People’s Courts shall be
elected by the citizens of the District through on the basis of universal,
direct and equal suffrage by secret ballot for a term of three years.
Article 78. Judicial proceedings in the rural
localities where the majority of population is of Abkhaz origin, shall be
conducted in Abkhaz language and where the majority is Georgian population – in
Georgian language; Persons participating in the court proceedings, who do not
know these languages, shall be ensured the right to become fully acquainted
with the materials in the case through the interpreter, and the right to
address the court in their native language.
Article 81. Supreme power of supervision over
the strict and uniform observance of laws by all People’s Commissariats and
subordinate agencies, officials and citizens on the territory of the Abkhaz
ASSR is vested in the Procurator of the
Article 82. The Procurator of the Abkhaz ASSR
is appointed by the procurator of the
Article 83. The District and City Procurators
of the Abkhaz ASSR are appointed by the Procurator of the Georgian SSR for a
term of five years subject to approval of the Procurator of the
Article 84. The agencies of the procurator’s
office exercise their function independently on any local bodies whatsoever,
and are subordinate solely to the Procurator of the
Article IX
The Electoral System
Article 108. Elections of the Soviets of the
Working People’s Deputies in Abkhazia shall be carried out in accordance of the
Electoral Districts upon the following norms:
District Soviets – one deputy for 300
inhabitants; City Soviets – according to the size of the city – 1 Deputy for
not less than 100 and not more than 200 inhabitants;
Village Soviets – according to the size of area
– one Deputy for not less than 50 and not more than 150 inhabitants;
The norms for election of district, city,
village and rural settlements shall be established by the Regulations on the
Election of Soviets of the Abkhaz ASSR on the basis of the norms specified for
in this Article.
Chapter X
Coat of Arms, Flag, Capital
Article 111.
The arms of the Georgian SSR is the State Arms of the Autonomous Soviet
Socialist Republic of Abkhazia, . . . surrounded with the inscription: „Workers
of All Countries, Unite!“ in Georgian, Abkhaz and Russian languages.
Article 112. The Flag of the Georgian SSR is
the Flag of the Autonomous Soviet Socialist Republic of Abkhazia, which is a
rectangle of red cloth, in the left corner above, within the square the
inscription „Abkhaz ASSR“ in Georgian, Abkhaz and Russian languages with
depicted in gold.
Article 113. The Capital of the Autonomous
Soviet Socialist Republic of Abkhazia is the city of
Chapter XI
Procedure for Amending the Constitution
Article 114. The Constitution of the Autonomous
Soviet Socialist Republic of Abkhazia may be amended only by the decision of
the Supreme Soviet of the Abkhaz ASSR adopted by a majority of not less than
two-thirds of the votes cast of the Supreme Soviet of the Abkhaz ASSR subject
to approval by the Supreme Soviet of the Georgian SSR.
Presidium of the Eighth Special Congress of the
All-Abkhaz Soviets.
(Constitution (Basic Law) of the Autonomous Soviet Socialist Republic of Abkhazia. Sokhumi, 1937, p. 7-33)