CONSTIRUTION OF THE SOVIET SOCIALIST REPUBLIC OF GEORGIA

Chapter I

General Provisions

1. Georgian workers, peasants and Red Army Men, guided by the ideas of the Great October Socialist Revolution, after abolishing the Constituent Assembly and all the central and local organs of the state authority of the Democratic Republic of Georgia, hereby establish the sovereignty and dictatorship of the proletariat rendering the whole state authority to the Soviets of Deputies in the Center, as well as at local levels.

Note: The Soviet Socialist Republic of Georgia, on the basis of the right to free self-determination, includes: the Autonomous Soviet Socialist Republic of Adjara, the Autonomous Oblast of South Ossetia and the Soviet Socialist Republic of Abkhazia; the relation with the latter is based on the Special Union Treaty concluded between these Republics.

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Chapter II

Article 5. The Soviet Socialist Republic of Georgia is a sovereign state, which may not tolerate the equal ownership from other sides on it territory; on its turn, Georgia shall respect the other’s territories.

Article 6. The state language of the Georgian SSR shall be Georgian.  All of the central organs are located in the city of Tbilisi.

Note: the national minorities shall be ensured the right to free development and application of their native languages in their own national-cultural organizations, as well as in the state agencies.

Article 7.  Any restriction of the rights of the national minorities, i.e. the oppression of equality with other citizens is inadmissible.

 

Chapter III.

Article 8.  The supreme power of the Soviet Socialist Republic of Georgia belongs to the Congress of the All-Georgian Soviets of Workers, peasants and Red Army deputies; in the period of between the Congresses the supreme power is exercised by the All-Georgian Central Executive Committee.

Chapter V

Structure of the Soviet Authority

a) Organization of the Central Power

Article 18.  The All-Georgian Soviet Congress consists of representatives of the District, City, Rural Soviet Congresses, as well as of Autonomous Republics and Autonomous Oblasts on the basis of following norms: from the District and Village Congresses –one deputy for 10000 inhabitants; from city and industrial towns – 1 deputy for 2000 voters.

Article 19. The All-Georgian Congress of Soviets shall be convened by the All-Georgian Central Executive Committee once a year.

Article 20. The Special Congress of the All-Georgian Soviets may be convened by the All-Georgian Central Executive Committee upon its own initiative or at the request of local Soviets having not less than one-third of the entire population of the republic.

21. The Congress of the All-Georgian Soviets shall elect the All-Georgian Central Executive Committee of not more than 95 members.

Chapter VI

All-Georgian Central Executive Committee

Article 22. The All-Georgian Central Executive Committee is the supreme legislative, executive and controlling organ of the Soviet Socialist Republic of Georgia.

Chapter VII

The Presidium of the All-Georgian Central Executive Committee

Article 33. The All-Georgian Central Executive Committee elects the Presidium of the All-Georgian Central Executive Committee.

Article 38. The Presidium of the All-Georgian Central Executive Committee shall verify the execution of the decisions and ordinances of the All-Georgian Executive Committee and directs the work in the center, as well as at local levels.

Article 39. The Presidium of the All-Georgian Executive Committee shall resolve the issues and conflicts relating to the interrelations on the one hand between the People’s Commissariats and other central organs, and on the other – with the local executive committees.

Article 40. The Presidium of the All-Georgian central Executive Committee shall decide the issues of administrative-economic division of the Soviet Socialist Republic of Georgia.

Chapter VIII

The Council of People’s Commissars

Article 45. The Council of People’s Commissars of the Soviet Socialist Republic of Georgia is entrusted with the general management of the affairs of the Georgian SSR. It shall consist of 12 People’s Commissariats; the Council is led by the chairman, who shall be a member of the All-Georgian Central Executive Committee.  These Commissariats are: a) Foreign Affairs; b) Military and Navy affairs; c) Internal Affairs, which includes the Departments of: National Affairs, Post and Telegraph, Central Statistics; d) Justice; e) Labour, which includes the Social Protection Division; d) public Education; e) Health-Care; f) Finances; g) Agriculture; h) Food  Processing; i) Supreme Council of Public Economy, which includes the Transportation Department; j) Workers’ and Peasants’ Inspectorate.

Chapter XII

Jurisdiction of the Congress of the All-Georgian Soviets and of the All-Georgian Central Executive Committee

Article 62. The All-Georgian Congress and the All-Georgian Central Executive Committee deal with the affairs of state importance, such as:

a) General direction of the foreign and internal policy of the Soviet Socialist Republic of Georgia;

b) General administrative division of the territory of the Soviet Socialist Republic of Georgia;

c) Establishment and changing weights, measures, and money denominations of the Soviet Socialist Republic of Georgia;

d) Making loans, signing customs and commercial treaties and financial agreements;

e) Working out a basis and a general plan for the national economy and for its certain branches on the territory of the Soviet Socialist Republic of Georgia;

f) Approval of the budget, and levying taxes and establishing the duties of citizens to the state;

g) Establishing the bases for the organization of armed forces of the Soviet Socialist Republic of Georgia;

h) State legislation, judicial organization and procedures, civil and criminal legislation etc;

i) Appointment and dismissal of the individual People’s Commissars, as well as of entire Council of People’s Commissars, and approval of the Chairman of the Council of People’s Commissars;

j) Issuing general decisions on granting and forfeiting the Georgian citizenship and fixing rights of foreigners on the territory of the Republic of Georgia.

k) The right to declare general amnesty;

l) The All-Georgian Congress and the All-Georgian Central Executive Committee have charge of all other affairs which according to their decision, require their attention.

Article 63. The following issues are solely under the jurisdiction of the All-Georgian Congress:

a) Ratification and amendment of the basic principles of the Constitution;

b) Determination and alteration of boundaries, as well as ceding of the territories of the Soviet Socialist Republic of Georgia or the rights rendered to the Republic.

c) Cooperation with foreign countries, declaration of war, ratification of peace treaties.

Chapter XIII

b) Organization of the Congress of the Local Soviets

Article 64.  The District Soviets are composed of the representative of community Soviets on the basis of the norm – 1 Deputy for 1000 inhabitants; from the cities within the District, Industrial Settlements and big villages – one deputy for 200 voters, but nor more than 200 deputies for entire district.

Note: The Military units, dislocated in the District outside of the District City territories, shall send their delegates to the District Congress without participating in the Community Soviets.

Note 3. All of the cities of the Republic of Georgia, except the cities of Poti and Tbilisi, shall be united with the respective Districts for the purpose of elections.

Article 65. The regular congresses of the soviets, including the autonomous republics and oblasts, shall be convened by the respective executive organs of the Soviet authority (Executive Committees) upon their own initiative or, upon request of local Soviets comprising not less than one-third of entire population of the given district, not less than once a year.

Article 66. Re-election of the city and community Soviets shall be conducted once a year.

Article 67. The Congress of District Soviets elects its executive organ - an executive Committee the membership of which shall not exceed 13.

Article 68.  The Executive Committee is responsible to the Congress of Soviets, which has elected it.

Article 69. In the boundaries of the respective territories the congresses the supreme power; during intervals between the convocation of the congress, the executive committee is the supreme power.

Article 70. The Decisions of the local Congress of Soviet may be revoked solely by the superior Congress, their executive committees, All-Georgian Central Executive Committee and its Presidium.

Article 71. The decisions of the Executive Committees and their Presidiums may be revoked by the higher Congress, Executive Committee and its Presidium, All-Georgian Central Executive Committee and its Presidium, and by the Council of People’s Commissars.

Chapter XIV

The Soviet of Deputies

Article 57.  Soviets of Deputies are formed in the Cities, industrial settlement and big villages on the basis of the norm – 1 deputy for 1000 inhabitants, but not less than 15 and not more than 50 deputies, except of the city of Tbilisi.

The Soviets shall participate in the District Congress and through them, in the Congress of Georgian Soviets, except the Cities of Poti and Tbilisi, which shall directly send their delegates to the Congress of Soviets of Georgia.

Article 73. Term of the deputy shall be one year.

Note: In small rural settlements, whenever possible, all questions shall be decided at general meeting of voters.

Article 74.  The Soviets of communities shall be formed on the basis of norm – 1 deputy for 100 inhabitants.

75. The Soviet of Deputies elects an executive organ (executive committee) – not more than three members for community, and in the cities – one for each 50 members, but not less than three and not more than 13 (for Tbilisi not more than 25); the Executive Committee is responsible to the Soviet, which has elected it.

Note: The District executive committee has the right to extend the composition of the community executive committees up to 4 members.

78. Within its jurisdiction, and in cases specified for in Article 73, the meeting of the voters is the supreme power in the given territory.

Chapter XV

Jurisdiction of the local organs of the Soviets

Article 80. The District Soviets and their executive committees have the rights to control the activity of the community soviets, as well as to overrule the decisions of the latter, giving notice in important cases to the central soviet authority.

Chapter XVI

The Departments at the Executive Committees and their subordination

Article 81. For the purpose of performing their duties, the local soviets, urban, district and community Soviets form the Departments led by the heads selected by the Executive Committee.

Article 82. The following Departments may be formed at the District executive committee:

1) Management; 2) Military; 3) Labour and Social Protection; 4) Public Education; 5) Finance; 6) Agriculture; 7) Food; 8) Workers’ and Peasants Inspectorate; 9) Health-Care; 10) Public utilities.

Note: Upon the permission of the Supreme Economic Council the Economic Department may be established at the District Executive Committee where the enterprises of all-Union importance are located.

Article 83. The Department is led by the Head, who may not be a member of the Executive Committee.  The Head of Department shall be elected by the executive committee and approved by the respective People’s Commissariat.  In the event of discrepancies the issue shall be decided by the Council of People’s Commissars.

Article 84. The Departments of the Executive Committee are under administrative subordination of the local executive committee; the instructions and orders of the local, as well as of higher executive committees and relevant People’s Commissariats are binding to them.

Chapter XVII

Relation of the central and local authorities

89. The Central organs deal with all matters solely through the local Soviets and their departments. All of the local standing organs and administrative-economic agencies subordinate to the People’s Commissariats, as well as ad-hoc organs shall be included within the relevant district and city Executive Committees or directly subordinated to them.  Certain exceptions may be introduced towards some organizations upon the special decision of the Central Executive Committee of All-Georgia or its Presidium.

90. Higher Executive Committees and their Presidiums, Central Executive Committee of All-Georgia and its Presidium are entitled to give direct instructions to the local executive committees and their presidiums.

91. Suspension of execution of any ordinances issued by the certain commissariats is admissible on the basis of decree of district or city executive committee but only under judicial responsibility of a letter and when such ordinance contravenes to the relevant Decision of the Council of People’s Commissars or of the Central Executive Committee of All-Georgia.

92. The District or City executive committee shall promptly inform the Presidium of the Central Executive Committee of All-Georgia and the Council of People’s Commissars, as well as the relevant Commissariat on necessity and urgency of suspension.

93. The Presidium of the Central Executive Committee of All-Georgia makes decision on criminal liability of a guilty side, i.e. either the Commissariat, or the District or City executive committee that made a wrong decision on suspension of the Commissariat’s ordinance.

94. The Department of the executive committee, failing to fulfil the decision of the People’s Commissariat, shall promptly inform the Presidium; a latter, without termination of execution of the decision shall submit to the Council of People’s Commissars or to the Central Executive Committee of All-Georgia the conclusion on necessity of application of this sanction simultaneously informing the organ that have issued the ordinance.

95.  The executive committees of counties have the same rights on the same basis with regard of instructions issued by the District departments. 

Chapter XVIII

The Court

96. …The Soviet Socialist Republic of Georgia shall form the unified system of  People’s Court operating on the territory of District, region or city consisting of one permanent judge and two or six regular Assessors.

97. For appeal and private motions on verdicts, decisions and performance of the People’s Judges, and for exercising the control over the judiciary, the Council of People’s Judges shall be formed with a permanent residence in Tbilisi and authorized to hold interim sessions at the places.

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Chapter XIX

Budgetary Rights

102. The state expenditure and income of the Soviet Socialist Republic of Georgia are combined in the state budget within the all-state.

105. The All-Georgian Congress of Soviets or the All-Georgian Central Executive Committee shall determine what matters of income and taxation shall go to the state budget and shat shall go to the local Soviets.

106. The local Soviets determine the taxation only for the needs of local economy with obligatory and preliminary submission of motivated estimate to the Council of People’s Commissars, subject to final approval by the All-Georgian Central Executive Committee.

108. The assets for all-state needs shall be assigned from the State Treasury.

109. No expenditure, out of the state treasury not set forth in the budget of income and expenditure, shall be made without a special order of the central power.

110. For the needs of all-state importance, the relevant People’s Commissariats shall provide the credits at disposal of the local Soviets from the state treasury.

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2 March 1922

(The Collection of the Constitutional Acts of the Georgian SSR. (1921-1978). Tbilisi, 1983, p. 19-22)