DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on decree issued on 23 July 1992 by the Supreme Council of the Abkhaz ASSR on “Cessation of Legal Effect of the Constitution of the Abkhaz ASSR of 1978”

The State Council of the Republic of Georgia notes, that the decree issued on 23 July 1992 by the Supreme Council of the Abkhaz ASSR stipulates cessation of legal force of the Constitution of the Abkhaz ASSR.

Until elaboration of a new Constitution, it was decided to restore the Constitution of the Abkhaz ASSR of 1925 while maintaining existing legislative, executive and judicial bodies.

The State Council of the Republic of Georgia underlines that the aforementioned decree misrepresents and misinterprets the state-legal relationships between the Republic of Georgia and the Abkhaz ASSR that has come about after the disintegration of the Soviet Union and declaration on restoration of the 1921 Constitution of Georgia issued by the Military Council of the Republic of Georgia.

The disintegration of the USSR did not, and could not change the state borders and territorial integrity of the Republic of Georgia and that was confirmed by the UN Security Council and the Conference for Security and Cooperation in Europe, as well as other sovereign States that have recognized the sovereignty and territorial integrity of the Republic of Georgia.

Restoration of the 1921 Constitution, proclaimed by the Military Council of the Republic did not change the state borders and national-state arrangement of the Republic of Georgia, either the status of the Abkhaz ASSR and that fact was confirmed by the first article of the Declaration issued by the Military Council of the Republic of Georgia on 21 February 1992.

It should be emphasized that the aforementioned decree issued by the Supreme Council of the Abkhaz ASSR was adopted with gross violation of the internationally recognized principles of constitutionality, namely, in Article 162 of the Constitution of the Abkhaz ASSR it is clearly laid down that making decision on constitutional issues requires qualified majority of deputies. The aforementioned decree had ignored the free will of the majority of population of the Abkhaz ASSR and violated the international norms and principles of human rights and fundamental freedoms.

The State Council of the Republic of Georgia underlines that the leadership of the Abkhaz ASSR which must be actively involved in the process of dealing with problems associated with statehood building and political arrangement of Georgia, had adopted the aforementioned decree without any prior consultations with the leadership of the Republic of Georgia and therefore must take responsibility for possible consequences.

Proceeding from the aforementioned, the State Council of the Republic of Georgia decrees:

To consider the decree issued on 23 June 1992 by the Supreme Council of the Abkhaz ASSR on “Termination of Legal Force of the Constitution of Abkhazian ASSR” legally null and void.

Chairman of the State Council of the Republic of Georgia E. Shevardnadze

Secretary of the State Council of the Republic of Georgia V. Goguadze

25 July 1992

(Newspaper “Svobodnaya Gruzia”, # 95, 28 July 1992)