DECREE ISSUED BY THE PRESIDENT OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on Certain Legal Acts Adopted in 1990 by the Republic of Georgia

On 20 September 1990 the South Ossetian Autonomous Oblast adopted the Declaration that proclaimed the South Ossetian Autonomous Oblast as the Soviet Democratic Republic of South Ossetia.

On 11 December 1990 the Supreme Council of the Georgian SSR adopted the law which abrogated the South Ossetian Autonomous Oblast established in 1922. At the same time the provisions regarding the noted Oblast have been excluded from the Constitution of the Georgian SSR and the right of the Republic on abolishment of the autonomous oblast has been introduced.

Those Acts, issued by the Oblast Council of the People’s Deputies and the Supreme council of the union republic breach the Constitution of the USSR and the established procedures for changing the status of the autonomous republic.

In accordance with Article 87 of the Constitution of the USSR the South Ossetian Autonomous Oblast exists within the Georgian SSR. Pursuant to the Constitution of the USSR (Article 73, Paragraph 2) and the law “On Distribution of Competences Between the USSR and the Subjects of the Federation” (Article 6, paragraph 2), any decision on changing the status of the autonomous entities enters into legal force only after the supreme bodies of the USSR have approved it.

Based on Article 1273, Paragraph 1 and 2, I decree:

1. Pursuant to the Constitution of the USSR and the Law of the USSR “On Guarantees of Implementation of the Laws and Other Legal Acts of the USSR”, aforementioned Acts issued with a breach of current legislation by the organs of the Georgian SSR and the autonomous Oblast of the South Ossetia included in the Georgian SSR, have no legal force since their adoption and the state and public organizations, as well as economic institutions, enterprises, establishments and the citizens are not liable to implement them.

2. To entrust the Supreme Council and the Government of the Georgian SSR, local Councils of the People’s Deputies, law-enforcement agencies of the Republic with the task of securing the requirements of the constitution of the SSR and the Laws of the USSR regarding the protection of the rights and legal interests of citizens residing on the territory of the South Ossetian Autonomous Oblast.

3. To withdraw within three days all military formations from the territory of the South Ossetian Autonomous Oblast except the troops of the Ministry of Interior of the USSR.

4. Within five days the leadership of the Republic shall submit the information to the president of the USSR on measures carried out for the regulation of the situation in the Republic.

5. The current Decree shall enter into force with immediate effect.

President of the Union of the Soviet Socialist republics M. Gorbachev

7 January 1991

(Bulletin of the Congress of the People’s Deputies and the supreme Council of the USSR, 1991, # 2, p. 118-119)