DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Stay of Execution of Law of the Abkhaz ASSR Adopted on 9 July 1991 on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR.

On July 9, 1991 the Supreme Council of the Abkhaz ASSR adopted a Law on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR, according to which the Prosecutor of the Abkhaz ASSR is appointed by the Supreme Council of the Abkhaz ASSR with the consent of the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia, and is accountable to the Supreme Council of the Abkhaz ASSR. While monitoring observance of law and order, Prosecutor of the Abkhaz ASSR is accountable to the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia.

Deputy Prosecutors of the Abkhaz ASSR, provided there is consent from the Prosecutor General of the Republic of Georgia, are appointed by the Supreme Council of the Abkhaz ASSR upon proposal of the Prosecutor of the Abkhaz ASSR. Prosecutors of districts and towns of the Abkhaz ASSR, provided there is consent from the Prosecutor General of the Republic of Georgia, are appointed by Prosecutor of the Abkhaz ASSR.

This Law of the Abkhaz ASSR contradicts to Article 77 of the Constitution of the Republic of Georgia, according to which “the Prosecutors of the Autonomous Republics of the Republic of Georgia are appointed by the Prosecutor General of the Republic of Georgia upon proposal of the Supreme Council of the Autonomous Republics”.

Pursuant to Paragraph 10 of Article 1214 of the Constitution of the Republic of Georgia, I decree:

1. To terminate implementation of Law of the Abkhaz ASSR Adopted on July 9, 1991 on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR, since it contradicts to the Constitution of the Republic of Georgia.

2. Pursuant to article 82 of the Constitution of the Republic of Georgia, to suggest to the Supreme Council of Abkhazian ASSR that in the process of appointment of Prosecutor, deputy Prosecutors and Prosecutors of towns and districts of the Abkhaz ASSR be guided by the requirements of Article 77 of the Constitution of the Republic of Georgia.

President of the Republic of Georgia Zviad Gamsakhurdia

5 August 1991

(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 8, p. 9-10)