DECREE OF THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA On the draft “of the Land Code of the Republic of Abkhazia

On March 31, 1992 in the newspaper „Abkhazetis Respublika“ for  the public discussion was published, in accordance with the resolution of the Supreme Council of the Abkhazian ASSR, the draft „ of the Land Code of the Republic of Abkhazia“.

The Supreme Council of the Republic of Georgia takes note that this resolution of the Supreme Council of the Abkhazian ASSR is in contradiction with the legislation of the Abkhazian ASSR, as well as with the legislation of the Republic of Georgia, due to the following circumstances:

In accordance with Article 66 of the Constitution of the Abkhazian ASSR, to the competencies of settlement of local estate relations, are ascribed the management of united state land fund within the borders of the Autonomous Republic in compliance with the state legislation on land management. In accordance with article 2 of the Code, which defines the land legislation system of the republic of Georgia, does not envisage the legislative acts of the autonomous republics, as components of this system, as in the domain of local estate relations, the Autonomous Republics do not have competencies for adoption of such acts. The legislation of Georgia in the land domain is represented only by the other acts of land legislation of the Republic of Georgia, which regulate the local estate relations on the entire territory of the Republic of Georgia.

The State Council of Georgia, for protection of legislation of Georgia and approximation of the legislation of the republic of the Abkhazian ASSR with the legislation of the Republic of Georgia, resolves:

To consider as void and legally incapable, the resolution of the Supreme Council of the Abkhazian ASSR on public discussion of the draft “of the Land Code of the Abkhazian Republic”.

To propose to the Supreme Council of the Abkhazian ASSR to declare void the legal act, mentioned in the first paragraph of this resolution.

To explain to the Supreme Council of the Abkhazian ASSR that in accordance with the acting legislation of the Republic of Georgia and of the Abkhazian ASSR, the Supreme body of the Abkhazian ASSR, does not possess competence in the domain of settlement of local estate relations.

The Chairman of the State Council of the Republic of Georgia E. Shevardnadze

The Secretary of the State Council of the Republic of Georgia V. Goguadze

Tbilisi, May 19, 1992.

(Collection of the normative acts of the State Council of the Republic of Georgia., 1995, volume I, pages 71-73)