DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Decree Issued by the President of the Republic of Georgia on “Suspension of the Law of Abkhazian ASSR of 9 July 1991 on Introduction of Amendments and Changes to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR”.

By the virtue of the decree issued by the President of the Republic of Georgia on 5 August 1991, those articles of the Constitution of the Abkhaz ASSR, defining the procedures of appointment of the Prosecutor of the Abkhaz ASSR and prosecutors of cities and districts of the Autonomous Republic, have been suspended and it is offered to the Supreme Council of the Abkhaz ASSR when appointing the Prosecutor and/or his/her Deputies, prosecutors of cities and districts of the Abkhaz ASSR, to be guided by Article 177 of the Constitution of the Republic of Georgia, according to which prosecutors of the Autonomous Republics are to be appointed by the Prosecutor General of the Republic of Georgia upon the proposals from the Supreme Council of Autonomous Republics.

This decree contradicts to Article 166 of the Constitution of the USSR and violates the right of the Autonomous Republic to independently decide on the issues of personnel policy.

In accordance with Article 2 of the law of USSR on “Separation of Competencies between the USSR and Subjects of the Federation”, if there is contradictions between the Constitution of the USSR and Constitution of the Union Republic of the USSR, the Constitution of the USSR shall prevail.

In addition, the decree of the President of the Republic of Georgia has been issued in violation of Article 121/4-paragraph 10 of the Constitution of the Republic of Georgia, according to which suspension of laws of the Autonomous Republic can be carried out within two weeks time-frame.

The Supreme Council of the Abkhaz ASSR decrees:

To consider the decree issued by the President of the Republic of Georgia on “ Suspension of the Law of Abkhaz ASSR of July 9, 1991 on Introduction of Amendments and Changes to Paragraph 14 of Article 92 and Article 156 of the Constitution of Abkhazian ASSR” as having no legal force and not subject to implementation.

Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba

27 August  1991

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