BASIC LAW (CONSTITUTION) of the Soviet Socialist
Republic of Abkhazia
(The Constitution was adopted and enacted by
the Third Session of the Third Convocation of the CEC of the Abkhaz SSR on 27
October 1926; the text was approved,
without changes at the Forth Congress of Soviets of the Abkhaz SSR on 7 march
1927)
Chapter one
General Provisions
(...)
2. The
Republic of Abkhazia is a socialist state of Workers and peasants united on the
basis of Union Treaty with the Georgian SSR, enters Trans-Caucasus Soviet
Federative Socialist Republic though the Georgian SSR and as a member of
latter, the USSR.
3. The Supreme power of the Soviet Socialist
Republic of Abkhazia belongs to the Congress of Soviets of Workers’, Peasants’
and Red Army Deputies of Abkhazia, and, in periods between the convocation of
the congress, to the Soviet Central Executive Committee of Abkhazia.
4. The Soviet Socialist Republic of Abkhazia
exercises independent state authority on its territory outside of spheres
specified for in the Union Treaty with the Soviet Socialist Republic of
Georgian and listed in the Constitutions of the Trans-Caucasus SFSR and of the
Georgian SSR.
5. The territory of the Soviet Socialist
Republic of Abkhazia may not be altered without its consent.
6. The citizens of the Soviet Socialist
Republic of Abkhazia, retaining the citizenship of the Republic, at the same
time are the citizens of the Soviet Socialist Republic of Georgia, the
Trans-Caucasus SFSR and of the Union of Soviet Socialist Republic. All rights and responsibilities established
for the citizens of the Soviet Socialist Republic of Abkhazia by this
Constitution and the laws of the Republic, shall apply to the citizens
of other
Proceeding from the solidarity of workers of
all countries and nations, the Soviet Socialist Republic of Abkhazia secures
the rights of foreigners belonging to the working class, residing on its
territory for working purposes, as well as of farmers not using the others’ labour.
7. The Soviet Socialist Republic of Abkhazia
recognizes the equal rights of citizens irrespective of race or nationality,
any direct or indirect limitation of the rights of citizens or establishment of
any privileges on grounds of race or nationality, or any discrimination of
national minorities or restriction their equality shall be deemed as violation
of the laws of the Soviet Socialist Republic of Abkhazia.
8. The languages of state institutions on the
Note 1. All the nationalities of the
Note 2. The language for administrative-
territorial entities (Districts, counties, rural settlements) shall be
determined by the Central Executive Committee and the Council of People’s
Commissars of the Soviet socialist
Chapter II
The relations between the Soviet Socialist
Republic of Abkhazia
and the Soviet Socialist Republic of Georgia on
the basis of Union Treaty
17. The Soviet Socialist Republic of Abkhazia,
enters the Soviet Socialist Republic of Georgia on the basis of Union Treaty
and through the Georgian SSR it enters the
18. The representatives of Soviets of the
Soviet Socialist Republic of Abkhazia shall take part in the All-Georgian
Congress of Soviets on the basis of following norm: one deputy for 10 000
inhabitants from the places where the Soviets are elected on the basis of
number of population, and one deputy for 2000 voters from the places where the Soviets
are elected on the basis of number of constituency.
19.
All-Georgian Congress of Soviets shall elect the representatives of the
Soviet Socialist Republic of Abkhazia to the Central Executive Committee of
All-Georgia; number of representatives shall be determined by the All-Georgian
Congress of Soviets.
20. The Congress of the Soviet Socialist
Republic of Abkhazia, the Central Executive Committee and its presidium, as
well as the organs of local authority of the Soviet Socialist Republic of
Abkhazia shall be organized in conformity to the Constitution of the Soviet
Socialist Republic of Abkhazia.
21. The Central Executive Committee of the
Soviet Socialist Republic of Abkhazia shall appoint the Council of People’s
Commissars of Abkhazia consisting of the Chairman, the Chairman of the Supreme
Council of Public Economy and People’s Commissars leading the following
commissariats: Internal Affairs, justice, Education, health-care, Agriculture,
and Social Protection. Upon the decision
of the Central Executive Committee of Abkhazia, the Council of People’s
Commissars also shall include the plenipotentiary representatives (with
deliberative or casting vote) of People’s Commissariats of Finance, Labour and Worker’s and Peasants’ Inspectorate of the
Soviet Socialist Republic of Georgia.
The people’s Commissariats of Internal Affairs,
justice, Education, health-Care, Agriculture and Social Security shall be
independent in their activity from the relevant People’s Commissariats of the
Soviet Socialist Republic of Georgia and inform each other about their
activity.
The Supreme Council of Public Economy is
subordinate to the Central Executive Committee and the Council of people’s
Commissars of the Soviet Socialist Republic of Abkhazia and executes the
directives of the Supreme Council of public Economy of the Soviet Socialist
Republic of Georgia.
The plenipotentiary representatives of the
People’s Commissariats of Finance, labour and
Workers’ and Peasants’ Inspectorate are under direct subordination of the
Council of People’s Commissars of the Soviet Socialist Republic of Georgia and
the shall submit the reports on their activity to the Central Executive
Committee and the Council of People’s Commissars of the Soviet Socialist
Republic of Abkhazia.
22. The organs of state authority of the Soviet
Socialist Republic of Abkhazia shall have the right to issue the legal acts
biding on the territory of the Republic on the matters outside of joint state
management (Internal Affairs, Justice, Education, health-care, Agriculture and
Social Security).
The Codes, Decrees and Decisions adopted by the
Central Executive Committee of All-Georgia applied to the entire territory of
the Georgian SSR, shall be binding on the territory of the Soviet Socialist
Republic of Abkhazia; for the purpose of developing the said acts, the supreme
organs of state authority of the Abkhaz SSR may issue the legal acts that are
binding on the territory of the Soviet Socialist Republic of Abkhazia.
23. In the matters of common (Finance, Labour and Workers’ and peasants’ Inspectorate) and joint
(Public Economy) management, all decrees and ordinances issued by the Central
Executive Committee, its Presidium and the Council of People’s Commissars of
the Soviet Socialist Republic of Georgia shall have the binding force on the
territory of the Soviet Socialist Republic of Abkhazia; within the sphere of
joint state management the supreme organs of state authority of the Soviet
Socialist Republic of Abkhazia shall have the right to issue the legal acts
aimed at developing the legal acts of the Soviet Socialist Republic of Georgia;
those acts shall be binding on the territory of the Soviet Socialist Republic
of Abkhazia.
24. All-Georgian Congress of Soviets and the
Central Executive committee of All-Georgia shall have the right to revoke the
Resolutions of the Congress of Soviets, Central Executive Committee and of the
Council of People’s Commissars of the Soviet Socialist Republic of Abkhazia
that contravene to the provisions specified for in Chapter II of this
Constitution.
25. The Budget of the Soviet Socialist Republic
of Abkhazia, approved by the Central Executive Committee of the Soviet
Socialist Republic of Abkhazia is a constituent part of the All-state budget of
the Soviet Socialist Republic of Georgia subject to approval of the Central
Executive Committee of All-Georgia.
All local revenues and expenditures on the
territory of the Soviet Socialist Republic of Abkhazia shall be consolidated
into the local budget on the basis of All-Union and Trans-Caucasus SFSR
legislation.
Chapter III.
Jurisdiction of the Congress of Soviets and the
Central
Executive Committee of the
26. The following matters under the sole
jurisdiction of the Congress of Soviets of the Soviet Socialist Republic of
Abkhazia:
a) determination, addition and amendment of the
basic principles to the Constitution of the Soviet Socialist Republic of
Abkhazia, final approval of partial changes to the Constitution adopted by the
Central Executive Committee in the period between the Congress of the Soviet
Socialist Republic of Abkhazia;
b) Deciding the issues on changing the
boundaries of the Soviet Socialist Republic of Abkhazia.
27. The issues of common character are under
the jurisdiction of the Congress of Soviets and the Central Executive Committee
of the Soviet Socialist Republic of Abkhazia, except those that are under the
jurisdiction of the Union of Soviet Socialist Republic, the Trans-Caucasus SFSR
and the Georgian SSR in conformity to the Union and TCSFSR Constitutions and
Chapter Two of this Constitution.
The jurisdiction of the Congress of Soviets and
the Central Executive Committee of the Soviet Socialist Republic of Abkhazia
shall cover:
a) General management of internal policy and public
economy of the Soviet Socialist Republic of Abkhazia;
b) Administrative division of the territory of
the Soviet Socialist Republic of Abkhazia;
c) Establishment of the bases for the public
economy and certain branches on the territory of the Soviet socialist
d) Determination of taxes and duties
established by the fiscal legislation;
e) The right of amnesty of the territory of
Abkhaz SSR, as well as the right of pardon and rehabilitation of citizens
convicted by courts and administrative agencies of the Republic;
f) The right to suspend the decisions of the
District Congress of Soviets and their executive committees that violate this
constitution and the legislation of the Soviet Socialist Republic of Abkhazia
currently in force;
g) All the matter the Congress of Soviets and
the Central Executive Committee of the Soviet Socialist Republic of Abkhazia
deem necessary to be considered.
29. Besides the matters listed above the
Congress of Soviets and the central Executive Committee of the Soviet Socialist
Republic of Abkhazia are authorized to deal with other issues in conformity to
the Constitutions and legislation of the
29. The Decisions adopted by the highest organs
of state authority of the Union of Soviet Socialist Republic and the
Trans-Caucasus Soviet Federative Socialist Republic within the limit of their
jurisdiction, as well as the legal acts of supreme organs of the Soviet
Socialist Republic of Georgia shall be binding on the territory of the Soviet
Socialist Republic of Abkhazia in conformity to Chapter II of this
Constitution. No other organs, except
the Congress of Soviets and the Central Executive Committee of the Soviet
Socialist Republic of Abkhazia, and in certain cases the presidium of the
Central Executive Committee and the Council of People’s Commissars, have the
right to issue the legal acts of all-state significance on the territory of the
Soviet Socialist Republic of Georgia.
Chapter IV
Organization of Soviet Power The
Congress of
Soviets of the
30. Congress of Soviets of the Soviet Socialist
Republic of Abkhazia is composed of representatives of the District Congresses of
Soviets on the basis of following norm: one deputy for 1000 inhabitants from
the places where the Soviets are elected on the basis of number of population,
and one deputy for 2000 voters from the places where the Soviets are elected on
the basis of number of constituency.
31. The Congress of Soviets of the Soviet
Socialist Republic of Abkhazia elects the Central Executive Committee; the
number of members to the Central Executive Committee of Abkhazia shall be
determined by the Congress of Soviets of the Soviet Socialist Republic of
Abkhazia.
32. The Central Executive Committee of the
Soviet Socialist Republic of Abkhazia convens the
Congress of Soviets of the Soviet Socialist Republic of Abkhazia once a year.
Note: in the vent of special circumstances impeding
the convocation of the Congress, the Central Executive Committee has the right
to postpone the convocation of the Congress.
33. The Special Congress of Soviets of the
Soviet Socialist Republic of Abkhazia shall be convoked by the Central
Executive Committee of the Soviet Socialist Republic of Abkhazia upon its own
initiative or at a request of the local Soviets and Congresses of Soviets
having not less than one-third of the entire population of the Soviet Socialist
Republic of Abkhazia.
b) The Central Executive Committee of the
34. The Central Executive Committee of the
Soviet Socialist Republic of Abkhazia is the supreme legislative, executive and
controlling organ of the Soviet Socialist Republic of Abkhazia.
35. The Central Executive Committee of the
Soviet Socialist Republic of Abkhazia, within the limits of its competence
specified for in Chapter II of this Constitution, has the right to issue Cods,
Decrees and Decisions upon its own initiative, consider and approve the
draft-laws submitted by the Council of People’s Commissars.
36. All of Decrees and Decisions specifying the
common norms of political and economic life of the Soviet Socialist Republic of
Georgia, the state budget of Abkhazia and the acts introducing the substantial
changes to the established practice of the organs of state authority shall be
considered and approved by the Central Executive Committee.
37. The Central Executive Committee shall
direct in a general way the activity of the Workers’ and Peasants’ government
and of all organs of the soviet authority of the Soviet Socialist Republic of
Abkhazia, and it shall coordinate and regulate the operation of the
Constitution of the Soviet Socialist Republic of Abkhazia, the Resolutions of
the Congress of Soviets of the Soviet Socialist Republic of Abkhazia, as well
as of the decisions of the supreme organs of the Union of Soviet Socialist
Republic, the Trans-Caucasus SFSR and of
the Georgian SSR specified for under Chapter Two of this Constitution.
40. The Central Executive Committee elects the
Presidium of the Central Executive Committee and determines the sphere of its
activity.
42. In period between the convocation of the
sessions of the Central Executive Committee, the Presidium it the supreme legislative,
executive and controlling organ of the Soviet Socialist Republic of Abkhazia.
43. The Presidium of the Central Executive
Committee issues the decrees, decisions and ordinances on behalf of the Central
executive Committee, approves the draft-laws submitted by the Council of
People’s Commissars for consideration.
44. The Presidium of Central Executive
Committee shall observe the implementation of the Constitution of the Soviet
Socialist Republic of Abkhazia and all of the Resolutions of the Congresses of
Soviets and of the Central Executive Committee by all organs of state
authority; it represents the highest organ in the centre and at the local
levels.
45. In the period between the convocation of
sessions, the Presidium of the Central Executive Committee has the right to
appoint the individual People’s Commissars upon recommendation of the Council
of People’s Commissars subject to consequent approval by the Central Executive
Committee, as well as of other officials of supreme organs appointment of which
is a competence of the Central Executive Committee.
46. The presidium of the Central Executive
Committee has the right to consider the petition on pardon and rehabilitation
in political rights.
47. The presidium of the Central Executive
Committee has the right to suspend and revoke the decisions and ordinances
issued by the Council of People’s Commissars of the Soviet Socialist Republic
of Abkhazia, as well as of the People’s Commissars, Central and District organs of state authority
and district executive committees, and the decisions adopted by the District
Congresses of Soviets.
48. The Presidium of the Central Executive
Committee resolves the disputes between the central and local organs of state
authority.
c) The Council of People’s Commissars of the
Soviet Socialist Republic of Abkhazia
50. The Council of People’s Commissars of the
Soviet Socialist Republic of Abkhazia is the executive and administrative organ
of the Soviet Socialist Republic of Abkhazia; The Council of People’s
Commissars is entrusted with the general management of the Soviet Socialist
Republic of Abkhazia.
52. The Council of People’s Commissars of the
Soviet Socialist Republic of Abkhazia, within the limits of its rights
determined by the Central Executive Committee and operating on the basis of
Regulations on the Council of People’s Commissars, has the right to issue
decrees and decisions that are binding on the entire territory of the Soviet
Socialist Republic of Abkhazia.
53. The Republican Economic Forum shall be
established at the Council of People’s Commissars, which operates on the basis
of special Regulations for directing the economic policy of the Soviet
Socialist Republic of Abkhazia and represents the organ under direct
subordination to the Supreme Economic Council of the Trans-Caucasus SFSR.
54. The
Council of People’s Commissars of the Soviet Socialist Republic of Abkhazia is
responsible to the Central Executive Committee of the Soviet Socialist Republic
of Abkhazia and its Presidium.
d) The People’s Commissariats of the Soviet
Socialist Republic of Abkhazia
55. For the purpose of direct administration of
certain branches of the state management within the competence of the Council
of People’s Commissars of the Soviet Socialist Republic of Abkhazia, the
following People’s Commissariats shall be formed: Internal Affairs, Justice,
Education, health-Care, Agriculture, Social Security and the Supreme Council of
Public Economy operating on the basis of special Regulations established for
them.
56. The People’s Commissariats are led by the
People’s Commissars, who are the members of the Council of People’s Commissars
of the Soviet Socialist Republic of Abkhazia.
59. The People’s Commissars and the Board
(panel) at the People’s Commissariats are entirely responsible to the Council
of People’s Commissars, the Central Executive Committee and its Presidium.
60. The relation of the Supreme Council of
Public Economy of the Soviet Socialist Republic of Abkhazia and the
plenipotentiary representatives of the People’s Commissariats of Finance, Labour, and the Workers’ and peasants Inspectorate of the
Soviet Socialist Republic of Georgia with the corresponding Commissariats of
the Soviet Socialist Republic of Georgia and the Supreme organs of the Soviet
Socialist Republic of Abkhazia is determined under Article 21 of this
Constitution.
61. The Orders of the People’s Commissariats of
the Soviet Socialist Republic of Abkhazia may be revoked by the Central
Executive Committee, its Presidium and the Council of People’s Commissars of
the Soviet Socialist Republic of Abkhazia.
The Ordinances of the Supreme Council of Public Economy and of the
Plenipotentiary Representatives of the People’s Commissariats of Finance, Labour and Workers’ and Peasants’ Inspectorate may be
revoked: with regard of the Supreme Council of Public Economy by the Supreme
Council of Public Economy of the Soviet Socialist Republic of Georgia if they
are not based on the instruction of the Central Executive Committee, its
presidium or the Council of People’s Commissars of the Soviet Socialist
Republic of Abkhazia; with regard of Plenipotentiary representatives of the
People’s Commissariats of Finance, labour and
Workers’ and peasants’ Inspectorate they may be revoked by the relevant
peoples’ Commissariats of the Soviet Socialist Republic of Georgia if those
ordinances contravene to the directives or legislation on common and joint
management.
d) Local organs of state authority: District
Congress of Soviets, District Executive Committees and the Soviets of Deputies
and their executive organs
62. The District Congress of Soviets is the
Supreme Organ of state authority on the
69. For the purpose of direct management of
certain branches on the
70. The
Departments of the District Executive Committee are under direct subordination
of the District Executive Committee and its Presidium; they are obliged to
execute all of the instructions and orders of the district executive committee
and its Presidium, as well as of the relevant People’s Commissariats of the
Soviet Socialist Republic of Abkhazia and of the Plenipotentiary
Representatives of the Soviet Socialist Republic of Abkhazia and of the
Plenipotentiary Representatives of the People’s Commissariats of the Soviet
Socialist Republic of Georgia.
f) The Courts and Procurator
79. For the purpose of legal protection of the
Workers’ and peasants’ State and for strengthening the revolutionary justice
and protection of the public order, as well as for securing the economic
interests of the state and working masses, the Soviet Socialist Republic of
Abkhazia forms the unified system of the People’s Court and the Procurator’s
Office operating on the basis of procedural rules basic principles of which are
determined by the Union of Soviet Socialist Republics.
80. The judicial organs and the Procurator
shall be guided by the civil and criminal legislation of the Soviet Socialist
Republic of Abkhazia, and in relevant cases in accordance to this Constitution
and the Constitution of the Soviet Socialist Republic of Georgia based on the
principles established by the Union of Soviet Socialist Republic, and in
conformity to the laws operating on the territory of the Soviet Socialist
Republic of Abkhazia; in the event of lack of such legislation, in conformity
to the common spirit of the Soviet legislation and the interests of the
Workers’ and Peasants’ state.
Chapter VI
Budgetary Rights of the
90. The state revenue and expenditure of the
Soviet Socialist Republic of Abkhazia are combined in the state budget of the
Soviet Socialist Republic of Abkhazia.
91. The state budget of the Soviet Socialist
Republic of Abkhazia, after consideration by the Council of People’s Commissars
of the Soviet Socialist Republic of Abkhazia, shall be approved by the Central
Executive Committee of the Soviet Socialist Republic of Abkhazia or its
presidium.
92. The
state budget of the Soviet Socialist Republic of Abkhazia is a part of the
budget of the Soviet Socialist Republic of Georgia and it shall be approved by
the Central Executive Committee of All-Georgia as a constituent part of the
All-state budget of the Soviet Socialist Republic of Georgia.
93. The Central Executive Committee of the
Soviet Socialist Republic of Abkhazia, within the limits established by the
All-Union and Trans-Caucasus fiscal legislation and legal acts having the
binding force on the territory of the Soviet Socialist Republic of Abkhazia on
the basis of this Constitution, shall establish the rules for drafting,
examination, approval and execution of the state budget of the Soviet Socialist
Republic of Abkhazia.
94. The revenue sources of the state budget of
the Soviet Socialist Republic of Abkhazia, as well as the expenditure of this
budget shall be determined in pursuance to the legislation of the
Trans-Caucasus SFSR within the limits established by the All-Union legislation.
95. All taxes and duties on the territory of the
Soviet Socialist Republic of Abkhazia shall be introduced in conformity to the
All-Union legislation.
98. All local revenues and expenditures are
combined in the local budgets in conformity to the All-Union and Trans-Caucasus
SFSR legislation and to the legal acts issued by the Soviet Socialist Republic
of Abkhazia for development of the aforementioned legislation. The rules for drafting, examination, approval
and execution of the local budget shall be established on the basis of same
order.
100. The reports on implementation of the
budget of the Soviet Socialist Republic of Abkhazia shall be approved by the
Central Executive Committee of the Soviet Socialist Republic of Abkhazia.
Chapter VII.
The Coat of Arms, Flag and
101. The coat of arms of the Soviet Socialist
Republic of Abkhazia consists of the background with the landscape of Abkhazia
on which a golden scythe and hammer are places.
On the top there is a five-pointed star in sun-rays. The coat of arms is
surrounded by corn, tobacco and grape wreath inscribes in three languages,
Abkhaz, Georgian and Russian: „Abkhaz SSR“ and
„Workers pf all the Countries, Unite!“
102. The state flag of the Soviet Socialist
Republic of Abkhazia consists of red cloth or purple linen, in the left top
corner of which are placed scythe and hammer and above them the five-pointed
star surrounded with a golden swath, inscribed four letters: ASSR. The size
1:2.
103. The capital of the Soviet Socialist
Republic of Abkhazia is city of
(The Congresses of the Soviets of
the