DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the law of Georgia on “Creation of the Interior Troops - the National Guard of the Republic of Georgia

The Presidium of the Supreme Council of the Abkhaz ASSR notes that with a breach of the requirements set forth in the Decree of the President of the USSR “on Prohibition of establishment of the armed formations incompliant with the legislation of the USSR and Seizure of illegal arms”, the Republic of Georgia, in conformity with the Georgian law on “Creation of the Interior Troops - the National Guard of the Republic of Georgia” has established the battalion authorized to carry firearms.

Aforementioned Decree of the President of the USSR was issued on 25 July 1990 and considered disband of unlawful military formations in 15 days term from the moment of issuing the decree.  However, the legislative and executive authorities of Georgia completely ignored this Decree.

Pursuant to the law of Georgia on Creation of the Interior Troops - the National Guard, it shall be established through universal conscription of the citizens of Georgia those have attained the age of 13.  The recruiting center is created at the central railway station of Sukhumi and 201 people submitted the applications to the Military Commissar of Sukhumi by 13 June of 1991.  Such activity is a breach of Constitution of the USSR and the law of the USSR “on separation of competences between the USSR and the subjects of Federation”, which renders exclusive rights on establishment of the military formations under the jurisdiction of the USSR.  Proceeding from the aforementioned, the practice of the Supreme Council of the Republic of Georgia on creation of the National Guard, regardless its purpose, is unlawful.

The Presidium of the supreme Council of the Abkhaz ASSR decrees:

1.  To consider null and void the law of the Republic of Georgia on “Creation of the Interior Troops - the National Guard of the Republic of Georgia” that runs counter to the Decree of the President of the USSR “on Prohibition of Creation of the Armed Formations Incompliant with the Legislation of the USSR and Seizure of illegal Arms”.

2. The Council of Ministers of the Abkhaz ASSR, the Ministry of Interior of the Abkhaz ASSR, KGB of the Abkhaz ASSR, the Procuracy of the Abkhaz ASSR, the Military Commissar of the Abkhaz ASSR shall carry out measures aimed at fulfilling of the tasks incumbent by the Decree of the President of the USSR “on Prohibition of Creation of the Armed Formations Incompliant with the Legislation of the USSR and Seizure of Illegal Arms”.

Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba

2 July 1991

(Newspaper “Abkhazia”, # 32, 13 August 1991)