DECREE
ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree issued on 27 September 1991 by
the Presidium of the Supreme Council of the Abkhaz ASSR “on Creation of the
state Customs Service of the Republic of Abkhazia”.
On 27 September 1991 the Presidium of Supreme Council of the Abkhaz
ASSR issued a decree on “Creation of the State Customs Service of the Republic of Abkhazia” and agreed on structure, personnel and pattern
of activities of the service with the Customs Committee of the USSR.
The aforementioned decision taken by the Presidium
contradicts the Law of the Republic of Georgia on the “ Customs Service
of the Republic of Georgia” adopted on 15 September 1991. This law
does not entitle the Autonomous Republics of Georgia with authority of creating
customs services; moreover, the aforementioned decree contradicts Article 82 of
the Constitution of the Republic of Georgia, according to which the laws of the
Republic of Georgia are equally binding on the whole territory of the Republic,
including its autonomous republics.
It should be pointed out, that by issuing the
aforementioned decree, the Presidium violated Article
103 of the Constitution of the Abkhaz ASSR, which does not entitle it to take
decisions of legislative character. Therefore, by doing so, the Presidium of
the Supreme Council of the Abkhaz ASSR went beyond its competance.
By virtue of decree issued by the President of the
Republic of Georgia, implementation of the Decree issued on 27
September 1991 by
the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State
Customs Service of the Republic of Abkhazia” was suspended, since it contradicts the Constitution and
the Laws of the Republic of Georgia.
In accordance with Article 104, Paragraph 8 of the
Constitution of the Republic of Georgia, the Supreme Council of the Republic of
Georgia guarantees supremacy of Georgian Laws on the whole territory of the
Republic, and in accordance with Paragraph 24 of the same Article, the Supreme
Council of the Republic of Georgia observes the proper application of the
Constitution of the Republic of Georgia and makes sure that constitutions and
laws of the Abkhaz ASSR and Ajara ASSR do not contradict the Constitution and Laws of the Republic of
Georgia.
Taking all the aforementioned into consideration,
the Supreme Council of the Republic of Georgia decrees:
1. To declare null and void the decree issued on 27
September 1991 by
the Presidium of the Supreme Council of the Abkhaz ASSR on “Creation of the
State Customs Service of the Republic of Abkhazia” since it contradicts the Constitution and Laws of
the Republic of Georgia and the Constitution of the Abkhaz ASSR.
2. To advise the Supreme Council of Abkhaz ASSR to
invalidate the decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz
ASSR on “Creation of the State Customs Service of the Republic of Abkhazia”
Chairman of the Supreme Council of the Republic of Georgia Akaki
Asatiani
8 October 1991
(Bulletin of the Supreme Council of the Republic of
Georgia, 1991, # 10, p. 32-33)