CONSTITUTION (BASIC LAW) of the Autonomous Soviet Socialist Republic of Abkhazia

I. The organization of the society and the principles of the policy of the Autonomous Soviet Socialist Republic of Abkhazia

Chapter I

Political system

Article 1. The Autonomous Soviet Socialist Republic of Abkhazia is a socialist state of the whole people…

Article 2. All power in the Abkhaz ASSR belongs to the people.

The people exercise state power through Soviets of People’s Deputies, which constitute the political foundation of the Abkhaz ASSR.

Article 5. Major matters of state life shall be submitted to nationwide discussion and put to a popular vote (referendum)

Article 11. State property, i.e. the common property of the Soviet people, is the principal form of socialist property

The land, its minerals, waters, and forests are the exclusive property of the state. The state owns the basic means of production in industry, construction, and agriculture; means of transport and communication; the banks; the property of state-run trade organizations and public utilities, and other state-run undertakings; most urban housing; and other property necessary for state purposes.

Article 16. The economy of the Autonomous Soviet Socialist Republic of Abkhazia is an integral part of the economy of the Georgian SSR, i.e. of the united public-economic complex that includes every sector of production, distribution and exchange on the territory of the USSR

II. State and individual

Chapter 4

Citizenship and equality of individuals in the Abkhaz SSR

Article 28.  According to the uniform federal citizenship established in the USSR, every citizen of the Autonomous Soviet Socialist Republic of Abkhazia is a citizen of the Georgian SSR and the USSR

The grounds and procedure for acquiring or forfeiting Soviet citizenship are defined by the Law on Citizenship of the USSR

The citizens of the Georgian SSR and other Union Republics enjoy the equal rights as for citizens of the Abkhaz ASSR.

When abroad, citizens of the Abkhaz ASSR enjoy the protection and assistance of the Soviet state.

Article 31. Citizens of the Abkhaz ASSR enjoy the equal rights without distinction of race or nationality.

Exercise of these rights is ensured by a policy of all-round development and drawing together of all the nations and nationalities of the USSR, by educating citizens in the spirit of Soviet patriotism and socialist internationalism, and by the possibility to use their native language and the languages of other peoples in the USSR.

Any direct or indirect restriction of the rights of citizens or establishment of direct or indirect privileges on grounds of race or nationality, and any advocacy of racial or national exclusiveness, hostility, or contempt, are punishable by law.

III. Administrative-territorial arrangement of the

Autonomous Soviet Socialist Republic of Abkhazia

Chapter 6.

Article 64. The Autonomous Soviet Socialist Republic of Abkhazia is a Soviet Socialist state which is a constituent part of the Soviet Socialist Republic of Georgia.

Outside the spheres of the Constitutions of the USSR and the Georgian SSR, the Abkhaz ASSR exercises independent authority on its territory.

Article 65. The Territory of the Autonomous Soviet Socialist Republic of Abkhazia may not be altered without its consent.

Article 66.  The Autonomous Republic of Abkhazia shall exercise its jurisdiction through its highest bodies of state authority and administration, which covers:

1)  Adoption and amendment of the Constitution of the Abkhaz ASSR and control its observance;

2)  Legislation of the Abkhaz ASSR;

3)  Securing of state order, protection of citizens’ rights and freedoms;

4) Introduction of the rules for administration and activity of the organs of the state authority and government in pursuance of the legislations of the USSR and the Georgian SSR.

5) Securing the implementation of the uniformed social-economic policy; administration of the economy of the Abkhaz ASSR; development of the scientific-technical progress and securing the rational use of the natural resources, and implementation of measures for environment protection;

6) Elaboration and approval of the state plans on economic and social development of the Abkhaz ASSR; draw-up and approval of the state budget of the Abkhaz ASSR, districts of republican subordination and cities; directing the implementation of the mentioned budgets.

7) Determination of the revenues used for forming the budget of the Abkhaz ASSR in accordance of the legislations of the USSR and the Georgian SSR.

8) Administration of the field of public economy under the jurisdiction of the Republic; direct the work of the organizations and enterprises under the republican or local subordination;

9) Control the use of land, its vowels, water and forest; environment protection according with the rules established by the legislations of the USSR and the Georgian SSR;

10) Administration of municipal improvement, housing, trade, public services in the cities and other settlements; direct the road construction and transport matters.

11) Administration of the educational, cultural and scientific organizations and establishments of the Abkhaz ASSR; direct the health-care, physical training and sport affairs; protection of history and cultural monuments;

12) Deciding the other important matters of the republican significance.

Article 67.  The Soviet Socialist Republic of Abkhazia takes part in decision-making through the highest bodies of state authority and administration of the USSR and of the Georgian SSR, in matters that come within the jurisdiction of the USSR and the Georgian SSR.

The Soviet Socialist Republic of Abkhazia shall ensure comprehensive economic and social development on its territory, facilitate exercise of the powers of the USSR and the Georgian SSR on its territory, and implement decisions of the highest bodies of state authority and administration of the USSR and the Georgian SSR.

In matters within its jurisdiction, the Soviet Socialist Republic of Abkhazia shall coordinate and control the activity of enterprises, institutions, and organizations subordinate to the Union or the Georgian SSR.

Article 70. The state languages of the Autonomous Soviet Socialist Republic of Abkhazia are: Abkhaz, Georgian and Russian.

The Abkhaz ASSR administers the state care of the comprehensive development of the Abkhaz language and secures the application of Abkhaz and other state languages at the state and public organs, as well as at the cultural, educational and other establishments.

Application of other languages at the aforementioned organs and establishments, used by the population, shall be secured. Any privileges or restriction over the application of any language in use is inadmissible.

Article 71. The laws of the USSR and the Georgian SSR are binding on the territory of the Abkhaz ASSR.

Chapter 7

Administrative-territorial arrangement of the Abkhaz ASSR

Article 72. The district division and the matters relating to the administrative-territorial arrangement shall be decided by the Abkhaz ASSR.

Article 73. The Autonomous Soviet Socialist Republic of Abkhazia includes the following districts: Gali, Gudauta, Gulripshi, Ochamchire, Sukhumi, and the cities of republican (Abkhaz ASSR) subordination – Sukhumi, Gagra, Tkvarcheli.

V. The Supreme Organs of the state authority and administration

Chapter 11.

The Supreme Soviet of the Abkhaz ASSR

Article 93.  The highest organ of state authority of the Autonomous Soviet Socialist Republic of Abkhazia is the Supreme Soviet of the Abkhaz SSR.

The Supreme Soviet of the Abkhaz ASSR is authorized to decide the issues under its jurisdiction specified for in the Constitutions of the USSR, the Georgian SSR and in this Constitution.

Adoption and amendment of the Constitution of the Abkhaz ASSR; endorsement of the economic and social development plans of the Abkhaz ASSR; approval of the budget and of the report on budget implementation.

The organs accountable to the Supreme Soviet of Abkhazia shall be created solely by the Supreme Soviet of the Abkhaz ASSR.

Adoption of the laws of the Abkhaz ASSR by the Supreme Soviet of Abkhazia.

Article 94. The Supreme Soviet of the Abkhaz ASSR consists of 140 members elected by the constituencies with the equal number of population. …

Article 96.  The sessions of the Supreme Soviet of Abkhazia shall be convoked twice a year.

The special sessions of the Supreme Soviet of Abkhazia shall be convened by the Presidium of the Supreme Soviet upon its own initiative or at the request of not less than one-third of the Deputies of the Supreme Soviet of Abkhazia.

The Sessions of the Supreme Soviet of the Abkhaz ASSR includes: the sittings of the Supreme Soviets, as well as the sittings of the standing and other Commissions, which shall be convened between the sessions of the Supreme Soviet of Abkhazia.

Article 98.  The draft-laws and other issues submitted to the Supreme Soviet shall be discussed at the session of the Supreme Soviet of Abkhazia. Where necessary, a draft-law or other matter may be referred to one or more commissions for preliminary or additional consideration.

A draft law of the Abkhaz ASSR, the Resolutions and other acts of the Abkhaz ASSR shall be deemed to be adopted if it is supported by the majority of the members of the Supreme Soviet of Abkhazia.

The draft-laws of the Abkhaz ASSR and the major matters of state life, upon decision of the Supreme Soviet of the Abkhaz ASSR or its Presidium, shall be submitted to nationwide discussion and put to a popular vote (referendum).

Article 99.  The laws of the Abkhaz ASSR, the Resolutions and other acts issued by the Supreme Soviet of Abkhazia shall be published in Abkhaz, Georgian and Russian languages over the signatures of the Chairman and Secretary of the Supreme Soviet of Abkhazia.

Article 102.  The Supreme Soviet of the Abkhaz ASSR shall elect the Presidium of the Abkhaz ASSR, which shall be a standing body of the Supreme Soviet of Abkhazia, accountable to it for all its work and exercising the functions of the highest body of state authority of the Abkhaz ASSR between sessions of the Supreme Soviet, within the limits prescribes by the Constitution.

Article 103. The Presidium of the Supreme Soviet of the Abkhaz ASSR shall be elected from among the Deputies and shall consist of a Chairman, two Vice-Chairmen, a Secretary, and nine members.

Article 104. The Presidium of the Supreme Soviet of the Abkhaz SSR shall:

1) name the date of elections to the Supreme Soviet of the Abkhaz SSR and to the Local Soviets of People’s Deputies;

2) convene sessions of the Supreme Soviet of Abkhazia;

3) coordinate the work of the standing commissions of the Supreme Soviet of the Abkhaz SSR;

4) ensure observance of the Constitution of the Abkhaz ASSR;

5) interpret the laws of the Abkhaz ASSR;

6) direct the work of the Local Soviets of the peoples’ Deputies;

7) determine the rule for administrative-territorial arrangement of the Abkhaz ASSR; name the new towns and rural settlements; decide the matters of the district division, creation of cities and districts within cities, change the names of the districts, cities and districts within cities - subject to approval of the Presidium of the Supreme Soviet of Georgia.

8) revoke the decrees and ordinances of the Council of Ministers of Abkhazia, as well as the decision of the district, city (republican subordination) Soviets of People’s Deputies if they do not conform to the law.

9) institute honorific titles of the Abkhaz ASSR; award the Certificate of Appreciation of the Presidium of the Supreme Soviet of the Abkhaz ASSR.

10) exercise other powers vested in it by the Constitution and laws of the Abkhaz ASSR.

Article 105. The Presidium of the Supreme Soviet of the Abkhaz ASSR, between sessions of the Supreme Soviet of the Abkhaz ASSR and subject to submission for its confirmation at the next session, shall:

1) amend existing legislative acts of the Abkhaz ASSR when necessary;

2) create districts and cities of republican jurisdiction, name and re-name the places in pursuance of the rules established by law;

3) form and abolish the Ministries, state committees and other organs of state administration established by the Council of Ministers of the Abkhaz ASSR on the recommendation of the Council of Ministers of the Abkhaz ASSR;

4) relieve individual members of the Council of Ministers of the Abkhaz ASSR of their responsibilities and appoint persons to the Council of Ministers on the recommendation of the Chairman of the Council of Ministers of the Abkhaz ASSR.

Article 106. The Presidium of the Supreme Soviet of the Abkhaz ASSR promulgates decrees and adopts decisions.

Article 109. The Supreme Soviet of the Abkhaz ASSR shall supervise the work of all state bodies accountable to it.

The Supreme Soviet of the Abkhaz ASSR shall form a Committee of People’s Control of the Abkhaz ASSR to head the system of people’s control.

Chapter 12.

Council of Ministers of the Abkhaz ASSR

Article 111. The Council of Ministers of the Abkhaz ASSR, i.e. the Government of the Abkhaz ASSR is the supreme executive and administrative body of the state authority of the Abkhaz ASSR.

Article 112. The Council of Ministers of the Abkhaz ASSR shall be formed by the Supreme Soviet of the Abkhaz ASSR and shall consist of the Chairman of the Council of Ministers of the Abkhaz ASSR, First Vice Chairman and Vice-Chairmen, Ministers of the Abkhaz ASSR, and Chairmen of State Committees of the Abkhaz ASSR and the heads of other state authorities established by the Supreme Soviet of the Abkhaz ASSR.

The Supreme Soviet of the Abkhaz ASSR, on the recommendation of the Chairman of the Council of Ministers of the Abkhaz ASSR, may include in the Government of the Abkhaz ASSR the heads of other bodies and organizations of the Abkhaz ASSR.

Article 113. The Council of Minister of the Abkhaz ASSR shall be responsible and accountable to the Supreme Soviet of the Abkhaz ASSR and, between sessions of the Supreme Soviet of the Abkhaz ASSR, to the Presidium of the Supreme Soviet of the Abkhaz ASSR.

The Council of Ministers of the Abkhaz ASSR shall report regularly on its work of the Supreme Soviet of the Abkhaz ASSR.

Article 114. The Council of Ministers of the Abkhaz ASSR is empowered to deal with all matters of state administration within the jurisdiction of the Autonomous Soviet Socialist Republic of Abkhazia Union of Soviet Socialist Republics insofar as, under the Constitution, they on not come within the competence of the Supreme Soviet of the Abkhaz ASSR or the Presidium of the Supreme Soviet of the Abkhaz ASSR.

Within its powers the Council of Ministers of the Abkhaz ASSR shall:

1) ensure direction of economic, social and cultural development; draft and implement measures to promote the well-being and cultural development of the people, to develop science and engineering, to ensure rational exploitation and conservation of natural resources, to consolidate the monetary and credit system, to implement the measures for administration of state insurance and a uniform system of accounting and statistics; and organize the management of industrial, constructional, and agricultural enterprises and amalgamations, transport and communications undertakings, and other organizations and institutions of the Republican and local subordination;

2) draft current and long-term state plans for the economic and social development of the Abkhaz ASSR and the Budget of the Abkhaz ASSR, and submit them to the Supreme Soviet of the Abkhaz ASSR; take measures to execute the state plans and Budget; and report to the Supreme Soviet of the Abkhaz ASSR on the implementation of the plans and Budgets; for the purpose of economic and social development of the districts and cities of the republican subordination coordinate and control the enterprises, organizations and agencies of the Union and Republican (Georgian SSR) subordination on the issues under the jurisdiction of the Abkhaz ASSR; submit the plans and reports on the budget implementation to the Supreme Soviet of the Abkhaz ASSR;

3) implement measures to defend the interests of the state, protect socialist property and maintain public order, and guarantee and protect citizens’ rights and freedoms;

4) when necessary, form committees, boards and other departments under the Council of Ministers of the Abkhaz ASSR to deal with matters of economic, social and cultural development;

5) take measures to ensure state security and defence within the competence established by the constitution.

6) direct the work of the executive committees of the Local Soviets of People’s Deputies.

Article 116. The Council of Ministers of the Abkhaz ASSR, on the basis of, and in pursuance of, the laws of the USSR, Georgian SSR and the Abkhaz ASSR shall issue decisions and ordinances and verify their execution. The decisions and ordinances of the Council of Ministers of the Abkhaz ASSR shall be binding throughout the Abkhaz ASSR.

Article 117. The Council of Ministers of the Abkhaz ASSR has the right, in matters within its jurisdiction, and to revoke decisions of the executive committees of the district and city (republican subordination) Soviets of People’s Deputies.

The Council of Ministries of the Abkhaz ASSR has the right to revoke the acts of the Ministries and State Committees or other subordinate organs of the Abkhaz ASSR.

Article 118. The Council of Ministers of the Abkhaz ASSR shall coordinate and direct the work of ministries, state committees and other bodies subordinate to it.

The ministries and state committees of the Abkhaz ASSR shall direct the work of the branches of administration entrusted to them, or exercise inter-branch administration and they are subordinate to the Council of Ministers of the Abkhaz ASSR, as well as to the relevant ministry or state committee of the Georgian SSR.

Ministries, state committees and other bodies of administration of the Abkhaz ASSR shall be responsible for the condition and development of the spheres of administration entrusted to them; within their competence, they issue orders and other acts on the basis of, and in execution of, the legal acts of the USSR, the Georgian SSR and the Abkhaz ASSR, and decisions and ordinances of the relevant ministries or state committees of the Georgian SSR, and organize and verify their implementation.

VII. State Plan of the Economic and Social Development of the Abkhaz ASSR and the State Budget of the Abkhaz ASSR

Article 138.  The budget of the Abkhaz ASSR is constituent part of the budget of the Georgian SSR.

The budget of the Abkhaz ASSR consolidates the state budget of the Abkhaz ASSR and the local budget.

Separation of the Revenue and Expenditure components of the Republican budget of the Abkhaz SSR shall be determined by the law of the Abkhaz ASSR on Budgetary Rights of the Abkhaz ASSR and the Local Soviets of People’s Deputies.

Article 139. The Council of Ministers of the Abkhaz ASSR shall draw-up the state budget of the Abkhaz ASSR on the basis of the Economic and Social Development Plans, and of the budget of the Abkhaz ASSR.  The budget shall be approved by the Supreme Soviet of the Georgian Abkhaz ASSR.

Article 162. The report on implementation of the budget of the Georgian SSR shall be endorsed by the Supreme Soviet of the Georgian SSR…

Article 141. The reports on implementation of the Economic and Social Development plans, as well as of the budget of the Abkhaz ASSR, shall be reviewed and endorsed by the Supreme Soviet of the Abkhaz ASSR.  The general indicators of implementation of the plans and budget shall be published.

VIII. Administration of justice, Arbitration and Procurator

Article 141. In the Abkhaz ASSR justice is administered only by the courts.

Article 163. In the Soviet Socialist Republic of Georgia justice is administered solely by the Courts.

The Supreme Court of the Georgian SSR, Supreme Courts of the Abkhaz and Adjarian Autonomous Republics, Tbilisi City Court, the Court of Autonomous oblast of South Ossetia and district (city) people’s courts are the Courts of the Soviet Socialist Republic of Georgia.

(…)

Article 144. The Supreme Court of the Abkhaz ASSR 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.

The Supreme Court of the Abkhaz ASSR shall be elected by the Supreme Soviet of the Abkhaz ASSR for a term of five years consisting of Chairman, Vice-Chairman and People’s Assessors.

Article 150. Judicial proceedings in the Abkhaz ASSR shall be conducted in Abkhaz, or Georgian or in Russian language, or in the language of majority of the local population of given localities.  Persons participating in the court proceedings, who do not know the language in which they are being conducted, shall be ensured the right to become fully acquainted with the materials in the case through the interpreter, and the rights to address the court in their own language

Chapter 16

Procurator’s Office

Article 155. Supreme power of supervision over the strict and uniform observance of laws. . . is vested in the Procurator-General of the USSR, the Procurator of the Georgian SSR subordinate to him and other inferior procurators and the procurator of the Abkhaz ASSR and his subordinate procurators..

Article 177. The Procurator of the Abkhaz ASSR is appointed by the Procurator-General of the USSR.

The District and City Procurators are appointed by the Procurator of the Georgian SSR subject to approval by the Procurator-General of the USSR.

Article 157. The term of office of the Procurator of the Abkhaz ASSR and of other inferior Procurators is 5 years.

Article 158. The agencies of the Procurator’s Office exercise their powers independently of any local bodies whatsoever, and are subordinate solely to the Procurator of the USSR.

IX. Emblem, Flag and Capital of the Abkhaz ASSR

Article 159. The state Emblem of the Georgian SSR is the Emblem of the Georgian SSR.

Article 160.  The state flag of the Georgian SSR is the flag of the Autonomous Soviet Socialist Republic of Abkhazia.

(…)

X. Operation of the Constitution of the Abkhaz ASSR and the rule for its amendment

Article 162. All of the laws of the Abkhaz ASSR and other acts of the state organs shall be based on and in pursuance to the Constitution of the Abkhaz ASSR.

Article 163. The Constitution of the Abkhaz ASSR may be amended only by decision of the Supreme Soviet of the Abkhaz ASSR adopted by a majority of not less than two-thirds of the vote’s casts of the Supreme Soviet of the Abkhaz ASSR.

6 June 1978

(The Constitution of the Soviet Socialist Republic of Abkhazia (Basic Law), Sukhumi, 1978, p. 3-41)