DECREE USSED BY SUPREME COUNCIL OF THE ABKHAZ ASSR ON POLITICAL-LEGAL ASSESMENT of the Decree issued by the First Session of the Supreme Council of the Abkhaz ASSR of the 12th convoction of 23 July 1992 on “Cessation of the Legal Effect of the 1978 Constitution of the Abkhaz ASSR and Restoration of the 1925 Constitution of the Abkhaz SSR”

On 23 June 1992, a part of Deputies of the Supreme Council of the Abkhaz ASSR carried out a Coup d’ etat through parliamentary means, as a result of which the first signs and achievements of democratic developments have been destroyed: multiparty system, diversity of economy; dictatorship of proletariat had been restored, private ownership over the land had been abolished, means of production have declared as property of the State.

The ultimate goal of the restoration of the Constitution of the Abkhaz SSR of 1925 is to exercise in unilateral manner the state power on the territory of Abkhazia.

However, in accordance with the 1925 Constitution of the Abkhaz SSR, Abkhazia is not a fully-fledged sovereign State, since its sovereignty were limited by boundaries, stipulated by the Constitutions of the Georgian SSR, the Trans-Caucasus Soviet Socialist Federative Republic and the USSR (part 2 of article 5 of the Constitution of Abkhazian SSR).

Proceeding from the analysis of article 4 of the Constitution, Abkhazia represented national-state autonomous entity within the Georgian SSR. Therefore, political-legal status of Abkhazia laid down in the Constitution of Abkhazia of 1978 is adequate to the legal status of Abkhazia laid down in the Constitution of Abkhazia of 1925.

With a view of justification of illegal decisions taken by the Session, the Supreme Council of the Abkhaz ASSR referred to its illegal decree on “Declaration on State Sovereignty of Abkhazia” that was adopted by a group of Deputies on 25 August 1990. Later on, on 31 August 1990 this declaration was repealed by the Extraordinary Session of the Supreme Council of the Abkhaz ASSR as a document that did not reflect the will of the vast majority of the population of Abkhazia.

Therefore, the illegally adopted Declaration on State Sovereignty of Abkhazia can not be regarded as justification of the aforementioned decision. It is noteworthy, that the decision of 23 June 1992 was made with traditional violations of the Constitution of Abkhazian ASSR of 1978. That is why, so crucially important issues for civil-political life of Abkhazia such as: termination of validity of the 1978 Constitution of the Abkhaz ASSR; changing of the title of the Republic; law on New State Symbols; introduction of amendments to the Constitution of 1925; introduction of amendments to the Rules of Procedure; The aforementioned facts are telling examples that the Supreme Council of Abkhazia serves group and clan interests of certain people.

In accordance with Article 162 of the Constitution of the Abkhaz ASSR, any amendments to the Constitution of Abkhazia are to be introduced through the decision of qualified majority, that is, no less than two thirds of Deputies of the Supreme Council of Abkhazian ASSR (Article 94).

Of course, in order to introduce amendments to the Constitution, votes of 43 Deputies are needed. Termination of validity of the Constitution represents one of the forms of repeal of the Constitution. During the session, which made the decision, there were only 36 Deputies in presence and no registration of the Deputies took place.

Analyzing the policy of the Supreme Council of Abkhazian ASSR, we came to a conclusion, that taking the aforementioned decision was a logical continuation of legitimization of the authoritarian regime and claims on national superiority and uniqueness in the process of management the supreme bodies of power of the Autonomous Republic.

It is crystal -clear that next step of the group of Deputies of the Supreme Council will be adoption of a new Constitution, ruling out protective mechanism for the vast majority of the population of Autonomous Republic. Therefore, they want to finally legalize the dictatorship of minority over the majority.

As a result of the illegal decision of the Supreme Council made on 23 June 1992, in fact the very legal basis of the Supreme Council of the Autonomous Republic-as of representative of legislative body-had been liquidated. Proceeding from the aforementioned, self-liquidation of the Supreme Council of the Abkhazian ASSR would be a logical result of its activities.

Proceeding from the aforementioned, the Supreme Council of the Abkhaz ASSR decrees:

Decision of the group of Deputies of the Supreme Council of Abkhazian ASSR made on 23 June 1992 on “Termination of Legality of the Constitution of the Abkhaz ASSR of 1978 and Restoration of the Constitution of Abkhazian SSR of 1925” amounts to a political game, aimed at artificial cessation of state-legal relations between the Autonomous Republic and the Republic of Georgia.

Until the adoption of a new Constitution of the Autonomous Republic, to consider the Constitution of the Abkhaz ASSR of 1978 as the supreme law and the only political-legal act defining a social-legal arrangement of the Autonomous Republic.

To consider all the legal acts adopted by the Session of the Supreme Council of the Abkhaz ASSR on 23 June 1992 as null and void.

On behalf of the Supreme Council of the Abkhaz ASSR - First Deputy Chairman of the Supreme

Council of the Abkhaz ASSR T. Nadareishvili

29 July 1992

( Newspaper “Abkhazetis Khma”, # 121, 1 August 1992)