BASIC LAW (THE
CONSTITUTION) of the Autonomous
Chapter I
General Provisions
2.
3. The Congress of Soviets of Workers, Peasants
and Red Army Deputies is the bearer of the supreme power of the Autonomous
Soviet Socialist Republic of Abkhazia, and between the Congresses – the Central
Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.
4. The Autonomous Soviet Socialist Republic of
Abkhazia exercises the state authority on its territory independently as this
authority is not restricted by the Constitution of the Georgian Soviet
Socialist Republic, either by the Constitutions of the Trans-Caucasus Soviet
Federative Socialist Republic or the Union of the Soviet Socialist Republics.
5. Changes of the territory under the
jurisdiction of the Autonomous Soviet Socialist Republic of Abkhazia, without
consent of the latter shall be prohibited.
6. Every citizen of the Autonomous Soviet
Socialist Republic of Abkhazia, retaining the citizenship of the Republic, at
the same time is a citizen of the Soviet Socialist Republic of Georgia, the Socialist Federative Soviet Republic of
the Trans-Caucasus and the Union of the Soviet Socialist Republic. The rights and responsibilities established
by this Constitution and the legislation of the Republic for the citizens of
the Autonomous Soviet Socialist Republic of Abkhazia shall apply to every
citizen of the
Based on the principle of solidarity of the
working people of all countries and nations, the foreign citizens representing
the working class and carrying out the business-activity on the territory of
the Republic, as well as the farmers not using the others’ labour,
are guaranteed every political rights granted by the Autonomous Soviet
Socialist Republic of Abkhazia.
7. The Autonomous Soviet Socialist Republic of
Abkhazia recognizes the equality of rights of citizens irrespective of their
nationality or race; any direct or indirect restriction of the rights of, or,
conversely, any establishment of privileges for, citizens on account of their
nationality, as well as any advocacy of discrimination of national minorities
or restriction of their rights contradict the basic laws of the Republic.
8. Abkhaz, Georgian and Russian languages shall
be used at the state agencies of the Autonomous Soviet Socialist Republic of
Abkhazia.
Note: 1. Every ethnic group residing on the
territory of the Autonomous Soviet Socialist Republic of Abkhazia shall have
the right to free development and application of its mother-tongue in
national-cultural, as well as in public institutions.
2. The language for administrative-territorial
entities (districts, rural communities) shall be determined by the Central
Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.
15. The Autonomous Soviet Socialist Republic of
Abkhazia grants the right to asylum on its territory to foreigners being
persecuted for political activity in favour of
Revolution.
(…)
Chapter II
The sphere of jurisdiction of the Supreme Power
of the Autonomous
17. The following shall be under the sole jurisdiction
of the Congress of the Autonomous Soviet Socialist Republic of Abkhazia:
a) establishment of and introduction of changes
and amendments to the basic principles of the Constitution of the Autonomous
Soviet Socialist Republic of Abkhazia, as well as endorsement of partial
changes of the Constitution adopted by the Central Executive Committee in time
between the Congresses of the Soviets of the Autonomous Soviet Socialist
Republic of Abkhazia with further submission of the Decrees on this issue to
the All-Georgian Central Executive
Committee and All-Georgian Congress of Soviets;
b) the issues related
to the changes of the border of the Autonomous Soviet Socialist Republic of
Abkhazia in conformity to the rules specified for in the Constitution of the
Soviet Socialist Republic of Georgia.
18. The issues of the common character on the
management of the autonomous state shall be under the jurisdiction of the
Congress of Soviets and of the Central Executive Committee of Autonomous Soviet
Socialist Republic of Abkhazia, in particular:
a) General management of internal policy and
public economy of the Autonomous Soviet Socialist Republic of Abkhazia;
b) Administrative division of the territory of
the Autonomous Soviet Socialist Republic of Abkhazia;
c) Establishment of the bases for the public
economy and certain branches on the territory of the Autonomous Soviet
Socialist Republic of Abkhazia in compliance with the legislation of the Union
of Soviet Socialist Republics, the Soviet Federative Socialist Republic of
Trans-Caucasus and the Soviet Socialist Republic of Georgia.
d) Consideration of the budget of the
Autonomous Soviet Socialist Republic of Abkhazia and control over its
implementation;
e) Internal state legislation on the issues of autonomous
state management, as well as of development of the legislation of the Soviet
Socialist Republic of Georgia valid on the whole territory of the latter;
f) the right of pardon on the territory of the
Autonomous Soviet Socialist Republic of Abkhazia, as well the right of
rehabilitation of political rights of citizens convicted by courts and administrative agencies of the
Republic;
g) annulment and termination of the decrees of
District Soviets and District Executive committees, which are not in conformity
to this Constitution and the legislation of the Autonomous Soviet Socialist
Republic of Abkhazia.
h) the issues within
the frame of the management of the
19. The decrees issued by the supreme bodies of
the Union of Soviet Socialist Republics, Trans-Caucasus SFSR, as well as the
decrees, resolutions and Codes valid on the whole territory of the Soviet
Socialist Republic of Georgia are binding on the territory of the Autonomous
Soviet Socialist Republic of Abkhazia.
No other bodies, except of the Congress of
Soviets or the Central Executive Committee of the Autonomous Soviet Socialist
Republic of Abkhazia, and in certain cases it Presidium, shall be authorized to
issue the legal act of state significance on the territory of Abkhazia.
Chapter III.
Organization of the State Authority
The Congress of Soviets of the Autonomous
20. The Congress of Soviets of the Autonomous
Soviet Socialist Republic of Abkhazia shall consist of the representatives of
the District and City Soviets one the basis of one deputy for every 1500 of the
population where the Soviets are elected on the basis of a number of
population, and one deputy for each 300 voters – where the Soviets are elected
on the basis of a number of electors.
21. The Congress of Soviets of the Autonomous
Soviet Socialist Republic of Abkhazia shall elect the Central Executive
Committee of Soviets; the number of the members to the Committee shall be
determined by the Congress of Soviets.
22. The Congress of Soviets of the Autonomous
Soviet Socialist Republic of Abkhazia shall be convened by the Central
Executive committee of the Autonomous Soviet Socialist Republic of Abkhazia
once in two years.
Note: If the circumstances impede the Central
Executive Committee to convene the regular Congress, it can be postponed under
the decision of the CEC.
23. The Special Congress of the Soviets of the
Autonomous Soviet Socialist Republic of Abkhazia shall be convened by the
Central Executive Committee of the Autonomous Soviet Socialist Republic of
Abkhazia at its discretion or upon the request of local Soviets and Congresses
where the population is not less than one third of the whole population of the
Autonomous Soviet Socialist Republic of Abkhazia.
b. Central Executive Committee of the
Autonomous
24. The Central Executive Committee of the
Autonomous Soviet Socialist Republic of Abkhazia is the highest legislative,
administrative and supervising body of the Autonomous Soviet Socialist Republic
of Abkhazia.
25. The Central Executive Committee of the Autonomous
Soviet Socialist Republic of Abkhazia issues the decrees on the matters
relating to the management of the autonomous republic, as well as on the
development of legislation valid on the whole territory of the Soviet Socialist
Republic of Georgia.
26. The Central Executive Committee directs in
a general way the activity of the Workers’ and Peasants’ Government and of all
organs of the soviet authority of the Autonomous Soviet Socialist Republic of
Abkhazia, and it unites and coordinates the operation of the legislation and
management observing the fulfillment of the Constitution of the Autonomous
Soviet Socialist Republic of Abkhazia, Decrees adopted by the Congress of
Soviets of the Autonomous Soviet Socialist Republic of Abkhazia, as well as of
the Trans-Caucasus SFSR and the legislation adopted by and valid on the whole
territory of the Soviet Socialist Republic of Georgia.
27. The Central Executive Committee is
accountable to the Congress of Soviets of the Autonomous Soviet Socialist
Republic of Abkhazia to whom it shall submit the reports on its activity and on
general policy and certain questions having the all-state significance.
28. The Presidium of the Central Executive
Committee shall convene the regular session of the Central Executive Committee
not less than three times a year. The
Special Sessions of the Central Executive Committee may be convened:
a) upon the initiative
of the presidium of the Central Executive committee;
b) at the request of
not less than one third of the members of the Central Executive Committee.
29. The Central Executive Committee shall elect
the Presidium of the Central Executive Committee and define the sphere of its
activity.
30. The Central Executive Committee of the
Autonomous Soviet Socialist Republic of Abkhazia shall form People’s
Commissariats for the purpose of general management of the certain branches and
appoint the People’s Commissars from the members of the Presidium of the
Central Executive Committee.
31. The Economic Forum shall be established at
the Central Executive Committee of the Autonomous Soviet Socialist Republic of
Abkhazia, which will operate on the basis of special regulations.
32. In the periods between the convocation of
the sessions of the Central Executive Committee, the Presidium is the supreme
legislative, administrative and controlling authority of the Autonomous Soviet
Socialist Republic of Abkhazia.
33. The Presidium of the Central Executive
Committee shall issue decrees, resolutions and instructions on behalf of the
Central Executive Committee.
34. The Presidium of the Central Executive
Committee shall observe the implementation of the Constitution of the
Autonomous Soviet Socialist Republic of Abkhazia, as well as the Resolutions of
the Congress of Soviets and the Central Executive Committee by every organ of
the state authority; it shall be the supreme governing organ in the center and
at the local level.
35. The Presidium of the Central Executive
Committee is authorized to appoint the People’s Commissars and other high
officials in the period between the sessions of the Central Executive Committee, with further submission for approval to
the Central Executive Committee in accordance of the law.
36. The presidium of the Central Executive
Committee shall consider the motions on pardon and rehabilitation in political
rights.
37. The Presidium of the Central Executive
Committee is entitled to suspend and annul the decrees and instructions issued
by the People’s Commissars, central state agencies, district executive
committees and City Councils, independent administrative entities and of the
District Congress of Soviets.
38. The Presidium of the Central Executive
Committee resolves the disputes between the central and local authorities.
39. The Presidium of the Central Executive
Committee is responsible to the Central Executive Committee.
B. The People’s
Commissariats of the Autonomous Soviet Socialist Republic of Abkhazia.
40. For the purpose of general management of
the fields under the jurisdiction of the Central Executive Committee of the
Autonomous Soviet Socialist Republic of Abkhazia and its Presidium, the
following People’s Commissariats shall be formed: Education; Agriculture;
Health-care; Justice; Local Industry; Internal Trade and Finances. The Office
of the Representative of the Trans-Caucasus NKVD (People’s Commissariat of
Internal Affairs), Representative of the People’s Commissariat of Communication
and the Representative of the People’s Commissariat of Foreign Trade shall
operate at the Central Executive Committee of the Autonomous Soviet Socialist
Republic of Abkhazia.
41. The People’s Commissariats of the
Autonomous Soviet Socialist Republic of Abkhazia are led by the People’s
Commissars; the members of the Presidium of the Central Executive Committee of
the Autonomous Soviet Socialist Republic of Abkhazia stand at the head of the
various People’s Commissariats.
42. The People’s Commissariats of the
Autonomous Soviet Socialist Republic of Abkhazia shall be subordinate to the
Central executive Committee and the Presidium of the Autonomous Soviet
Socialist Republic of Abkhazia and implement the directives and tasks of the
relevant People’s Commissariats of the Autonomous Soviet Socialist Republic of
Abkhazia.
43. A people’s Commissar has the individual
right to decide on all questions under the jurisdiction of the relevant
commissariat.
44. The people’s Commissars are responsible to
the Central Executive Committee the Autonomous Soviet Socialist Republic of
Abkhazia.
45. The orders and resolutions issued by the
People’s Commissariat the Autonomous Soviet Socialist Republic of Abkhazia can
be revoked by the Central Executive Committee of the Autonomous Soviet
Socialist Republic of Abkhazia.
If these orders or resolutions contradict to
the instructions of the Central Executive Committee of the Autonomous Soviet
Socialist Republic of Abkhazia or its Presidium, they also can be revoked by
the relevant People’s Commissariats of the Soviet Socialist Republic of Georgia
if they also contradict to the legislation of the Union of Soviet Socialist
Republics, the Trans-Caucasus Soviet federative Socialist Republic and of the
Georgian Soviet Socialist Republic.
c) The local organs of the Soviets – District
Congress of Soviets, District executive committees, Council of Deputies and its
executive bodies.
46. The Congress of Soviets, within its
jurisdiction, is the supreme power on the territory of the district; in the
periods between the convocation of the Congress the District Executive
Committee is the supreme organ.
Note: Under the Decree of the Central Executive
Committee of the Autonomous Soviet Socialist Republic of Abkhazia and subject
to further endorsement by the All-Georgian Central Executive Committee, the
certain cities, having the industrial or cultural-political significance, may
form together with the adjusted rural territories or without them a separate
administrative-economic entity that is not included within the District. The city councils shall subordinate directly
to the supreme authorities of the Republic.
47. The all Soviets on the territory of the
District shall participate in the District Congress of Soviets.
48. The District Congress is composed of
representatives from all local soviets on the territory of the District
according the following quota: one deputy for 300 inhabitants from the Soviets
of the territories where the Soviet is elected on the basis of the number of
population, and one deputy for 60 voters from the Soviets of the territory
where the Soviet is elected on the basis of constituency.
49. The regular District congresses of the
Soviets shall be convened once a year.
The Special Congress may be convened by the relevant executive
committee: a) upon its own initiative; b) at the request of the Congress of
Soviets or Central Executive Committee of the Autonomous Soviet Socialist
Republic of Abkhazia; c) at the request of the local Soviets representing not less than one third of the population of
the given District.
50. Every District Congress of Soviets elects
its executive organs – a District Executive Committee; the number of members to the District
Executive Committee the membership of which shall be determined by the Central
Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.
51. The District Executive Committees are
responsible to the Congress of Soviets, which elected them and subordinate to
the Central Executive Committee of the Autonomous Soviet Socialist Republic of
Abkhazia and its Presidium.
52. For exercising the management of the
district and implementation of directives and resolutions of the central power,
the District Executive Committees shall elect the Presidium, which is
authorized to carry out the function of the executive committee on the periods
between the sessions of the Executive Committee and is responsible the latter. Membership of the Presidium of each District
Executive Committee shall be determined by Central Executive Committee of the
Autonomous Soviet Socialist Republic of Abkhazia.
53. For the purpose of management of the
certain branches on the territory of the District within the frame of district
competence, the District Executive Committees may set up the departments, the
organizations, structure and competence of which shall be defined by the
Central Executive Committee of the Autonomous Soviet Socialist Republic of
Abkhazia.
54. The Departments of the District Executive
committee shall be entirely subordinate to the District Executive Committee and
its Presidium; all instructions and tasks by the District Executive Committee and its Presidium, as well as
of the People’s Commissars of Abkhazia and the Representatives of the
People’s Commissariats are binding to the District Executive Committee.
55. The Soviets of Workers, peasants and Red
Army Deputies shall be formed:
a) in rural area and
towns where the majority of population is engaged in agriculture activity – one
deputy for 100 inhabitants;
b) in cities and urban
settlements where the majority of population is engaged in industrial
enterprises, as well as in sovkhoz and construction
at the rural settlements – one deputy for from 40 to 75 voters.
Note: In the territories where the population
elects the deputies in accordance to the total number of population, the
Military Units of the Red Army and Navy elect their deputies to the Soviets –
one deputy for 50 voters; and in the territories where the population elects
the deputies in accordance to the total number of voters they elect their
deputies upon the same rule as for the rest of population.
56.
Re-election of the Soviets of deputies shall be held once a year.
57. The executive organs of urban and rural
soviets, their structure and jurisdiction shall be defined by the Central
Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.
58. The Soviet of Deputies shall be convened by
its respective executive organ upon its own initiative or at the request of not
less than one third of the members of Soviets.
59. The local authorities (District Congress of
Soviets, Soviet of Deputies and their executive organs) shall have under their
jurisdiction:
a) take measures for
raising the cultural and economic standard of the given territory;
b) draw-up and implement the local budget;
c) Carry out all orders of respective higher
organs of the soviet power;
d) Decide all questions of local importance
within their respective territory;
e) Coordinate all soviet activity in their
respective territories;
f) Secure the revolutionary justice on their
respective territories;
g)
Secure the state order and public security on their respective territories;
h) Discuss the issues of nationwide importance
upon their own initiative, as well as upon the proposal by the higher organs of
the soviet power.
60. The District Congress of Soviets and the
District Executive Committees shall have the right to control the activity of
the local soviets and their executive organs.
61. The District Executive committees shall
have the right to suspend the implementation, at their own responsibility, of
the orders by the People’s Commissariats of the Autonomous Soviet Socialist
Republic of Abkhazia on the exceptional basis and in conformity to the rules
defined by the Central Executive committee of the Autonomous Soviet Socialist
Republic of Abkhazia.
d) Courts and Directorate of Public Prosecution
62. For the legal protection of the Workers’
and Peasants’ state, and for strengthening of revolutionary justice and
protection of the public order, the unified Public Court shall operate on the
territory of the Autonomous Soviet Socialist Republic of Abkhazia, which also
includes the Directorate of Public Prosecution formed on the basis defined by
the Union of Soviet Socialist Republics and functioning under the procedural
rules, basics of which are determined by the Union of Soviet Socialist
Republics.
63. The judicial organs and the Directorate of
Public Prosecution shall observe the civil and criminal legislation of the
Soviet Socialist Republic of Georgia elaborated on the bases established by the
Union of Soviet Socialist Republics, as well as the laws valid on the territory
of the Autonomous Soviet Socialist Republic of Abkhazia; in case of lack or
deficiencies of such laws, they shall be guided by the common spirit and
interest of the Soviet legislation.
b) The checking and cancellation of elections
and recall of the Deputies
70. If an election was irregularly carried on
in its entirety, it may be declared void by a higher soviet authority. The highest authority in relation of election
of soviets is the Central Executive Committee of the Autonomous Soviet
Socialist Republic of Abkhazia.
Chapter V
The budget rights of the Autonomous Soviet
Socialist Republic of Abkhazia.
73. The local budget of the Republic is in
force on the territory of the Autonomous Soviet Socialist Republic of Abkhazia,
as well as the local budgets of the administrative-territorial (cities,
districts and rural settlements) entities included within the Abkhaz ASSR.
74. The volume of budget of the Autonomous
Soviet Socialist Republic of Abkhazia is subordinate to the rules provided for
in the Regulations on Budgetary Rights of the autonomous soviet socialist
republics and oblasts of the Trans-Caucasus SFSR, and the budgets of
administrative-territorial entities (cities, districts and rural settlements)
of the Abkhaz SSR – to the Regulations on Local Fiscal Regulations and other
relevant legal acts of the USSR, Trans-Caucasus SFSR and of the Georgian
SSR.
75. The income resources, as well as the
expenditure of the budget of the Autonomous Soviet Socialist Republic of
Abkhazia shall be determined by the Regulations on Budgetary Rights of the
autonomous soviet socialist republics and oblasts of the Trans-Caucasus SFSR.
76. The income resources, as well as the
expenditure of the budgets of the administrative-territorial entities (cities,
districts and rural settlements) included within the Autonomous Soviet
Socialist Republic of Abkhazia shall be determined by the Regulations on Local
Finances, as well as of other legal acts of the
77. The Central Executive Committee of the Autonomous Soviet Socialist Republic of
Abkhazia shall regulate the budget of the Autonomous Soviet Socialist Republic
of Abkhazia, as well as the budgets of the administrative-territorial entities
(cities and districts) included within the Republic on the basis of Regulations
on Local Finances and through determination of incomes entirely transferred to
the budget of the administrative territorial entities, as well as of
allocations in relevant quantity from the central revenues.
78. All taxes and dues on the
79. The Budget of the Autonomous Soviet
Socialist Republic of Abkhazia, as well as the budgets of the administrative-
territorial entities included within the Republic, shall be approved before the
fiscal year under the unified Act by the Central Executive Committee of
Autonomous Soviet Socialist Republic of Abkhazia in accordance to the rules
established by the legislation of the Soviet Socialist Republic of Georgia.
80. The procedure for drafting and
implementation of the Budget of the Autonomous Soviet Socialist Republic of Abkhazia,
as well as of the administrative-territorial entities, reporting and accounting
on them shall be determined by the legislation of the Soviet Socialist Republic
of Georgia.
81. Expenditure of the budget resources of the
Autonomous Soviet Socialist Republic of Abkhazia and of the budgets of
administrative-territorial entities (cities, districts and rural settlements)
shall be formed within the scope approved in compliance with the budgetary
allocations and only for the direct purposes.
82. The report on budget implementation by the
Autonomous Soviet Socialist Republic of Abkhazia and the administrative
territorial entities shall be reviewed and approved by the Central Executive
Committee of the Autonomous Soviet Socialist Republic of Abkhazia.
Chapter VI
The Coat of Arms, Flag and
of the Autonomous
83. The coat of arms of the Autonomous Soviet
Socialist Republic of Abkhazia consists of the background with the landscape of
Abkhazia on which a golden scythe and hammer are placed. On the top there is a five-pointed star in
sun-rays. The coat of arms is surrounded
by corn, tobacco and grape wreath, inscribed in three languages: Abkhaz,
Georgian and Russian – “Abkhaz ASSR” and “Workers of the World, Unite!”
84. The flag of the Autonomous 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 wreath, inscribed: AASSR. The size 1:2.
85. Sukhum is the
capital of the Autonomous Soviet Socialist Republic of Abkhazia.
(The Congresses of the Soviets of
the