DECREE
ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Suspension of Effect of 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 the 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 laws of the Republic of Georgia are
equally binding on the whole territory of the Republic, including its
autonomous republics.
Besides,
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.
Taking
all the aforementioned into consideration and being guided by Article 121
Paragraph 13 of the Constitution of the Republic of Georgia, I decree:
To
suspend implementation of 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 both the Constitution of the Republic of Georgia and
the Constitution of the Abkhaz ASSR.
President
of the Republic of Georgia Zviad Gamsakhurdia
8
October 1991
(Bulletin of the Supreme Council of the
Republic of Georgia, 1991, # 10, p.13)