(To the Chairman of the
Constituent Assembly of
The People’s Council of Abkhazia, at its sitting on 16 October of this year discussed the draft Constitution of the Autonomous Abkhazia and decided: “to delegate to the Constituent Assembly of Georgia the following members of the Council: 1) Varlam Shervashidze, 2) Ivan Pashalidi, 3) Dmitriy Zakharov, 4) Vasiliy Gurjua, 5) Mikheil Ubiria, 6) Mikheil Tarnava, 7) Mikheil Tsaguria, 8) Mikheil Berulava and 9) Dmitriy Alania for joint work on the draft-Constitution of the Autonomous Abkhazia; the Delegation shall base its work on the Act adopted on 20 March 1919 and the given draft of the Constitution”.
All of the Articles of the attached draft-Constitution are adopted unanimously except of Articles 5, 7, 9 and 10, which are adopted in two versions.
Attached: Draft-Constitution of
the Autonomous Abkhazia adopted by the Abkhaz People’s Council at its sitting
on
Comrade of the Chairman: Akirtava (signed)
Head of the Chancellery: (signed)
(Central State Historical Archive of Georgia, 1833, desc. 1, file 865, p. 1)
DRAFT CONSTITUTION of the Autonomous Abkhazia
Adopted by the Peoples Council of Abkhazia at its session on 16 October 1920
On the basis of the Act adopted by the Abkhaz People’s Council on 20 March 1919 on entering Abkhazia the Democratic Republic of Georgia as the autonomous entity and in accordance with Article 120 and 121 of the Constitution of the Republic of Georgia adopted by the Constituent Assembly of Georgia on . . . 1920, the following Constitution of the Autonomous Abkhazia has been elaborated.
Chapter I.
General provisions
Art. 1. Abkhazia, with the frontiers: from the north-west to the south-east from the River Makhadir to the River Engur and from the south to the north from the Black Sea shore to the Caucasus Chain bordering with Kuban and Terek Oblasts – enters the Democratic Republic of Georgia as the autonomous entity and in the field of legislation and management it is independent if otherwise is specified for by this Constitution.
Art. 2. The
Chapter II
Legislative Power
Art. 3. The Legislative Assembly shall be the legislative organ of Abkhazia elected on the basis of universal, equal and direct suffrage by ballot based on the principle of proportional representation for a term of three years by the citizens, who attained the age of 20 irrespective of sex.
Art. 4. All lands and property on the
Art. 5. The matters not falling within the jurisdiction of the Legislative Assembly of Abkhazia are as follows:
1) Supreme policy.
2) Military forces.
3) Military-navy affairs.
4) Civil and Criminal legislation.
5) Common judiciary system (District Court, Court Chamber and Senate).
6) Port management
7) The first version has been adopted by not-qualified majority (19 votes)
Financial and monetary system.
Note: the right on taxation in Abkhazia is under sole jurisdiction of the Legislative Assembly of Abkhazia.
Second version has been adopted by 12 votes.
Financial and monetary system. The Legislative Assembly of Abkhazia receives the banknotes from the Central Government upon special agreement.
Note: the right on taxation in Abkhazia is under sole jurisdiction of the Legislative Assembly of Abkhazia.
8) Customs system.
Note: the customs rates on the
items exported from Abkhazia shall be determined on the basis of agreement
between the legislative organs of
9) Management of post and telegraph.
10) Management of rail and ordinary roads of all-state importance.
Note: the division of rail and ordinary roads into all-state and local significance shall be carried out on the basis of special agreement between Georgia and Abkhazia.
Art. 6. The Matters under jurisdiction of the Legislative Assembly of the Autonomous Abkhazia:
1) Adoption of laws on all issues except of those specified for in Article 5.
2) Finance: budget, taxation, credits.
3) Public education: primary,
secondary and high education on the
4) Organs of local self-governance: cities and districts.
5) Mediating judges and the rules of their appointment.
6) Protection of individual and public security and order.
7) Administration.
8) Public health and veterinary.
9) Roads.
10) Consideration of reports on appropriation of local assignments.
11) Solving the issues on alienation of private estates for public and cultural needs on the basis of common laws of the Republic.
Art. 7. In addition to the matters specified for in Article 6 the Legislative Assembly of Abkhazia is authorized to determine the size of land lots and the rules for transferring the land to the working people on the basis of rules established by the agrarian legislation of the Republic.
Art. 8. The issues on resettlement and settlement in Abkhazia shall be decided by the legislative Assembly of the Autonomous Abkhazia.
Art. 9. The first version is adopted by non-qualified majority (19 votes).
The lands, cultural-valuable estates, climatic stations, mineral and salubrious waters, water energy facilities, as well as forest shall not be subject of distribution and represent the public property under jurisdiction of the legislative Assembly of Abkhazia. The bowels of state significance shall be under jurisdiction of the Legislative Assembly of Abkhazia in accordance to the common law of the Republic.
Second version, adopted by 12 votes.
The lands, cultural-valuable estates, climatic stations, mineral and salubrious waters, forest and bowels shall be under jurisdiction and at disposal of the legislative Assembly of Abkhazia.
Art. 10. The first version adopted by non-qualified majority (19 votes).
The concession at any type of enterprise and exploitation of natural resources shall be competence of the Legislative Assembly of Abkhazia. With regard of bowels the mutual agreement between Georgia and Abkhazia is necessary.
Second version adopted by 12 votes.
The concession at any type of enterprise and exploitation of natural resources shall be competence of the Legislative Assembly of Abkhazia.
Art. 11. Introduction and revocation of monopoly on the production of items in Abkhazia shall be under authority of the Legislative Assembly of Abkhazia.
Art. 12. Legislative Assembly of Abkhazia has the right to export the trade items from the Republic; the Legislative Assembly shall harmonize its legislation in this field with the common financial policy of the Republic.
Art. 13. All revenues from all-state institutions and expenses for maintaining the organizations dealing with the all-state affairs shall be divided between Georgia and Abkhazia upon agreement concluded annually between the Legislation Assembly of Abkhazia and Central Legislative Organ.
Art. 14. Formation of military
forces in Abkhazia shall be carried out on the common basis with
Art. 15. On the
Art. 16. The legislative Assembly of Abkhazia for the elections to the Assembly determines the number of Deputies.
Art. 17. The legislative Assembly of Abkhazia shall verify whether the elections were conducted in a proper manner and approve the electoral proceedings.
Art. 18. The legislative Assembly of Abkhazia shall elect its Presidium and be guided in its activity by the Statute.
Art. 19. The Sessions of the Legislative Assembly of Abkhazia shall be public, but the Assembly is authorized to close the sitting for certain issues.
Art. 20. The terms and duration of the sessions of the Legislative Assembly of Abkhazia, as well as the statute of the Executive organ shall be elaborated by the Legislative Assembly of Abkhazia.
Art. 21. The legislative Assembly of Abkhazia shall be convoked:
1. by the Government of Abkhazia not later that within two weeks after elections are completed;
2. by the presidium of previous Assembly to the new session.
Art. 22. The law and Resolutions adopted by the Legislative Assembly of Abkhazia, as well as the laws of the Central Executive Organ on common issues shall be promptly published in official gazette of the Legislative Assembly of Abkhazia come into force within a week from the day of promulgation unless otherwise has been decided with regard of the term of enactment.
Art. 23. The Organ of the Central state authority shall be informed about laws and Resolutions of the Legislative Assembly of Abkhazia right after they have been published. In the event of discrepancies between this Constitution and the Laws and Resolutions adopted by the Legislative Assembly of Abkhazia, the organ of central state authority shall submit them to the Senate within 15 days from the day of adoption. The preliminary suspension of the laws subject to protest shall be decided by the Senate of Abkhazia.
Art. 24. The legislative Assembly of Abkhazia is inviolable and only the Assembly is authorized to make decision on pre-term dissolution and appointing of new elections. Any infringement upon inviolability of the legislative Assembly by any individual or organization is punishable by law as treason.
Art. 25. The right to initiate local legislation is vested in the Government of Abkhazia, deputies of the legislative Assembly and not less than 5000 electors.
Art. 26. The legislative Assembly of Abkhazia is obliged to put the law, adopted by it, to the nationwide discussion (referendum) if 5000 voters request for it in written form. The procedure for referendum shall be determined by law.
Art. 27. The members of the legislative Assembly of Abkhazia shall have the following rights and privileges: the members of the legislative Assembly of Abkhazia shall not be prosecuted for the visions and ideas expressed by them while exercising their function; the member of the Legislative Assembly is inviolable; arrest of or criminal prosecution against a member of the Legislative Assembly is prohibited without consent of the Assembly, unless he is caught in the act of committing a crime. The Legislative assembly shall be promptly informed about such event and a member of the legislative Assembly, arrested or subject of criminal prosecution, shall be released upon decision of the legislative Assembly.
Art. 28. A member of the Legislative Assembly of Abkhazia shall have the right not to give a statement regarding the facts he has got acquainted with while exercising his function as a member of the legislative Assmebly. He shall retain this right when he is not a deputy any more.
Art. 29. Members of the legislative Assembly of Abkhazia may not take an office upon appointment of the Executive power of Abkhazia.
Art. 30. Members of the Legislative Assembly of Abkhazia shall get remuneration fixed by the Executive power of Abkhazia.
Art. 31. At the elections of the
Legislative organ of
Art. 32. The Legislative Assembly of Abkhazia has the right to initiate legislation at the Central Legislative Organ within the scope of common legislation.
Chapter III
Executive power
Art. 33. The Government of the Autonomous Abkhazia shall be the supreme executive organ of Abkhazia elected by the Legislative Assembly. The executive organ shall continue its functioning until the convocation of the new Legislative Assembly of Abkhazia and electing the new Government.
Art. 34. The members of the Government of Abkhazia are accountable and responsible solely to the Legislative Assembly of Abkhazia. At the sittings of the Legislative Assembly they shall give the explanation and information on the matters under their jurisdiction. The members of the Government shall take part in voting if they are the deputies of the Legislative Assembly of Abkhazia.
Art. 35. Appointment, dismissal
and replacement of officials at the local institutions shall be under the
jurisdiction of the Government of Abkhazia.
The officials of the common-state status shall be appointed by the
Central Government with maximum effort to select them from the local residents. The Government of Abkhazia has the right to
recommend appointment or dismissal of officials at the common-state
institutions located on the
Art. 36. No credits of the Autonomous Abkhazia shall be concluded without consent of the Legislative Assembly of Abkhazia.
Art. 37. The legislative Assembly of Abkhazia shall elect the Controller of the Autonomous Abkhazia. The Controller shall invite the employees to his subordinate agencies.
Chapter IV.
Rights and Responsibilities
Art. 38. The rights and
responsibilities of citizens and the civil freedoms on the
Art. 39. All citizens of
Art. 40. The citizens of the Autonomous Abkhazia shall
have the status of citizens of the
Chapter V.
Revision of the Constitution
Art. 41. The right to initiate general or partial revision of the Constitutions shall be vested in:
a) the members of the Legislative Assembly of Abkhazia not less than half of the total number of deputies;
b) 10 000 voters.
Art. 42. The proposal on general or partial revision of the Constitution shall be included in the agenda of the legislative Assembly not earlier than 6 months after its submission.
Art. 43. The proposal on general or partial revision of the Constitution shall be adopted by a majority of not less than two-thirds of the votes cast and it shall come into force after it has been adopted by the majority of population.
Chapter VI
Concluding Part
Art. 44. None of laws, Decrees and Orders, confronting the Constitution of the Autonomous Abkhazia, shall be promulgated and having a legal force in Abkhazia.
Art. 45. The members of the legislative Assembly, representatives of the executive power, as well as the civil servants on the Autonomous Abkhazia shall take an oath and sign the statement on dedication to this Constitution.
Chairman of the legislative Assembly of Abkhazia (signed)
Comrade to the Chairman Akirtava (signed)
Secretary (signed)
(Central State Historical Archive of Georgia, desc. 1833, file 865, p. 1-7)