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)