CONSTITUTION of the
Chapter I
General Provisions of the Constitution of the
1. Workers, peasants and Red Army men of Abkhazia,
having overthrown the state power of the Democratic Republic of Georgia, formed
the Soviet Socialist Republic of Abkhazia, established the sovereignty and
proletarian dictatorship rendering the all power to the Soviets of Workers’,
Peasants’ and Read Army deputies.
3… on the territory of the Soviet Socialist
Republic of Abkhazia:
a) All private property in land is abolished,
and the entire land is declared to be national property and is to be
appropriated among workers without any charge and on the basis of equal usage.
b) All private property in large factories and
enterprises is abolished; the procedure for nationalization of the large
enterprises and production means shall be determined by the special decrees.
4.
Abkhaz SSR, united on the basis of Union Treaty with the Georgian SSR,
enters the
(…)
Chapter II
5. The Abkhaz SSR is a sovereign state
exercising the state authority on its entire territory independently from any
other power.
The sovereignty of Abkhazia, bearing in mind
its voluntary association with the TCSFSR and the
The citizens of the Abkhaz SSR, retaining the
republican citizenship, are the citizens of the TCSFSR and of the
The territory of the Abkhaz SSR may not be
altered without its consent.
6. The language of use at the state
organizations of the Abkhaz ASSR shall be Russian.
Note: All the nationalities of the
7. The city of
8. The Abkhaz SSR recognizes the equal rights
of citizens irrespective of race and nationality; any direct or indirect
limitation of the rights of citizens, or establishment of privileges on grounds
of race or nationality, and any oppression of national minorities or
restriction of their rights are punishable by law.
Chapter III
14. The Abkhaz ASSR grants the right of asylum
to foreigners persecuted for political or religious reasons favouring the
Socialist Revolution.
Chapter V
Organization of the central power, Congress of
the Soviets of Workers’, peasants and Red Army Deputies
17. The Congress of Soviets of Workers’
Peasants’ and Red Army Deputies is the supreme power of the Abkhaz SSR.
18. The Congress of Soviets of Workers’
Peasants’ and Red Army Deputies of the Abkhaz SSR is composed of
representatives of congresses of provincial Soviets and Sukhumi City Soviet one
deputy for 1000 inhabitants.
19. The Congress of the Soviets of the Abkhaz
SSR shall be convened by the Central Executive Committee of the Abkhaz SSR once
a year.
20. The special Congress of the Abkhaz SSR
shall be convoked by the Central Executive Committee of the Abkhaz SSR upon its
own initiative or at a request of the local Soviets having not less than
one-third of the entire population of the Republic.
21. The Congress of Soviets of the Abkhaz SSR
elects the central Executive Committee of the Abkhaz SSR of not more than 100
members.
Chapter VI
The Central Executive Committee of the Abkhaz
SSR
22. The Central Executive Committee of the
Abkhaz SSR is the supreme legislative, executive and controlling organ of the
Soviet Socialist Republic of Abkhazia.
23. In period between the convocation of the
Congress, the Central Executive Committee is the supreme organ of state
authority of the Abkhaz SSR.
24. The Central Executive Committee shall
direct in a general way the activity of the Workers’ and Peasants’ government
and of all organs of the soviet authority in the country, and it shall
coordinate and regulate the operation of the Soviet Constitution and of the
resolutions of the congresses of the Abkhaz Soviets and of the central organs
of the soviet power.
25. The Central Executive Committee considers
and enacts the draft-decrees and other resolutions and proposals introduced by
the council of People’s Commissars or by various People’s Commissariats and it
also issues its own decrees and regulations upon its own initiative.
26. The Central Executive Committee shall give
the special consideration to the decrees introducing the general norms of
political and economic life, as well as the decrees, introducing the
substantial changes in current practice of the state organs.
27. The Central Executive Committee shall
exercise control over the work of agencies and local Soviets through raising
the issues at the sessions and considering the relevant reports of the People’s
Commissariats after examination of their work by the special Commission of the
Central Executive committee, as well as the reports of the several of district
executive committees.
28. The Central Executive Committee is
responsible to the Congress of the Soviets of the Abkhaz SSR.
29. The
Central Executive Committee shall convoke the Congress of Soviets of the Abkhaz
SSR, at which time the Executive Committee reports on its activity and on
general issues of all-state importance.
30. The Central Executive Committee shall form
the Council of People’s Commissars for the purpose of general management of the
affairs of the Soviet Socialist Republic of Abkhazia, and it also forms certain
People’s Commissariats for the purpose of conducting various branches.
31. The Central Executive Committee has the
right to revoke and suspend any resolution or decision issued by the Council of
People’s Commissars.
Chapter VII
Presidium of the Central Executive Committee of
the Abkhaz SSR
32. The Central Executive Committee elects the
Presidium of the Central Executive Committee of the Abkhaz SSR.
33. The Presidium of the Central Executive
Committee has the right to submit the draft-decrees to the Plenum of the
Central Executive Committee for consideration.
34. The presidium of the Central Executive
Committee has the right to issue the decrees and resolutions, to introduce the
changes and amendments to the Codes adopted by the Central Executive Committee
subject to confirmation at the next session of the Central Executive Committee.
35. In the period between the convocation of
session of the Central Executive Committee, the Presidium has the right to
suspend the decrees of the Council of People’s Commissars, appoint and dismiss
the individual People’s Commissars upon recommendation of the Council of
People’s Commissars.
36. The Presidium of the Central Executive
Committee is carrying out the function on behalf of the Central Executive
Committee of the Abkhaz SSR.
37. The Presidium of the Central Executive
Committee resolves the issues and disputes between the People’s Commissariats
and other central organs on the one hand, and between the local executive
committees on the other.
39. The Presidium of the Central Executive
Committee is entitled to decide the issues of administrative-economic division
of the Soviet Socialist Republic of Abkhazia.
40. The Presidium of the Central Executive
Committee has the right file the motion on exerting the pardon, confirm the
awarding of Decoration of the Red Flag and decide the other matters within the
limits of its jurisdiction.
41. The Presidium of the Central Executive
Committee is responsible for preparation of the Congress of Soviets of the
Abkhaz ASSR and the Sessions of the Central Executive Committee; at this the
all relevant documents shall be published by the Presidium a month before of
the Congress and two-weeks before of the session.
43. The special session shall be convened upon
the initiative of the Presidium of the Central Executive Committee, or upon the
proposal of the People’s Commissariat, or at the request of the one-third of
the members of the Central Executive Committee.
Chapter VIII
Council of People’s Commissars
44. The Council of People’s Commissars is
entrusted with the general management of the affairs of the Soviet Socialist
Republic of Abkhazia chaired by the special official – a member of the Central
Executive Committee and consisting of the following Commissariats:1) Internal
Affairs, 2) Justice, ) Education, 4) Health care, 5) Agriculture and 6) Social
Protection.
The Council of the People’s Commissars also
includes the Chairman of the Supreme Council of Public Economy, representatives
of the People’s Commissar of Finance, Workers’ and Peasants’ Inspectorate,
Labour and Internal Trade and the Chairman of the Special Commission.
45. The management of the foreign affairs,
military and navy affairs, foreign trade, communication, Post and Telegraph is
vested in the relevant commissariats of the
46. The Council of People’s Commissariats has
the right to issue the decrees, decisions and ordinances and take measures
necessary for proper development of the state life.
47. The decrees and decisions of the general
political importance shall be submitted for consideration and approval to the
Central Executive Committee.
48. The Council of People’s Commissars is
entirely responsible to the Congress of Soviets of the Abkhaz ASSR and to the
Central Executive Committee.
49. None of the organs, except the Congress of
the Soviets of the Abkhaz SSR, the Central Executive Committee, its Presidium
and the Council of People’s Commissars has the right to issue the legal acts of
the all-state significance.
Chapter IX
People’s Commissariats
50. The people’s Commissariats shall issue the
decisions and ordinances solely within the limits of their competence.
53. The People’s Commissariats are entirely
responsible to the Council of People’s Commissariat and to the central Executive
Committee.
54. The ordinances of the People’s
Commissariats may be revoked by the Central Executive Committee, its Presidium
and the Council of People’s Commissars.
Chapter X
The interrelation of the Central and Local
Organs of the State Authority
55. The Central Organs of the State Authority
at a local level exercise their power solely through the local executive
committees and their departments. The exception for certain institutions may be
introduced only under the special Decision by the Central Executive Committee
or its Presidium.
56. Only the higher executive committees,
presidiums, the Central Executive Committee of the Abkhaz ASSR and its
Presidium, and the Council of People’s Commissars of the Abkhaz ASSR shall be
entitled to instruct the executive committees and their Presidiums.
Note: The People’s Commissariat of Internal
Affairs shall carry out the function of the executive staff of the presidium of
the Central Executive Committee and observe the organization and activity of
all local organs.
57. The District Executive Committee has the
right, to suspend the execution of the decision of certain Commissariats under
the collective responsibility of the latter and if the decision runs counter to
the relevant Decision of the Council of People’s Commissars and of the Central
Executive Committee.
58. The District Executive Committee shall
promptly give the notice in suspension of the decision to the presidium of the
central Executive Committee and to the Council of people’s Commissars, as well
as to the corresponding People’s Commissar.
59. The
Department of the Executive Committee, finding the failure of execution of the
instruction for some reason, is obliged to inform promptly the Presidium,
which, without termination of the progress in executions, shall inform the
Council of People’s Commissars or the Central Executive Committee.
Chapter XI.
The Economic Council
Article 60.
The Economic Council is to be established under the Council of People’s Commissars
for the purpose of administration and coordination of the work of the People’s
Commissariats in the field of economic development of the Country.
Article 61. The Economic Council shall have the
status of the Commission - the Economic Council of the People’s Commissariats.
Article 62. The composition of the Economic
Council shall be determined by the special Regulations.
Article 63. In exercising its function the
Economic Council shall be entitled to issue the Decrees, decision, instructions
and take measures for proper and timely implementation of them, namely it shall
introduce the unified economic plan of the Soviet Socialist Republic of
Abkhazia, direct the economic activity of the People’s Commissars in pursuance
to this plan, exercise control over its implementation and when necessary seize
some closes from the plan.
64. The Central Executive Committee and the
Council of People’s Commissars are entitled to revoke or suspend the decrees or
decisions of the Economic Council upon the protest of the People’s Commissars
of upon its own discretion.
Chapter XII
The Jurisdiction of the Congress of Soviets and
of the Central Executive Committee of the Abkhaz
ASSR
Article 65. The Congress of Soviets of the
Abkhaz SSR and the Central Executive Committee of the Abkhaz SSR shall deal
with the matters of all-state significance outside of the jurisdiction of the
Trans-Caucasus SFSR and the
a) Administration in general way the internal
policy of the Soviet Socialist Republic of Abkhazia;
b) The general administrative division of the
territory of the Soviet Socialist Republic of Abkhazia;
c) Working out a basis an a general plan of the
national economy and for its various branches on the territory of the Soviet
Socialist Republic of Abkhazia;
d) Consideration of the budget of the Abkhaz
ASSR and introduction of taxes and establishing the duties with the consent of
the Trans-Caucasus SFSR.
e) All-state legislation, arrangement of the
Courts, judicial proceedings, civil and criminal legislation and others;
f) Appointment and dismissal of the individual
People’s Commissars or the entire Council, also approval of the Chairman of the
Council of People’s Commissars.
g) the right to
declare the amnesty on the territory of the Abkhaz ASSR, exercising the pardon
and rehabilitation of citizens convicted by the judicial and administrative
organs of the Republic.
h) Granting and forfeiting the citizenship of
the Abkhaz SSR;
i) The matters within the jurisdiction of the
Congress of Soviets and the Central Executive Committee of the Abkhaz SSR.
66. The following issues are solely under the
jurisdiction of the Congress of Soviets of the Abkhaz SSR:
a) Ratification and amendment of the
fundamental principles of the Constitution of the Soviet Socialist Republic of
Abkhazia;
b) Consideration of the issues relating to the
alteration of the borders of the Abkhaz SSR on the basis of Basic Laws of the
USSR and the TCSFSR.
Chapter XIII
Organization of the Soviet Power
at the local level The local Congress of Soviets
67. The
Congress of District Soviets is composed of representatives of rural Soviets on
the basis of the norm - one deputy for 500 inhabitants and from the District
cities – one deputy for 100 voters, but not more than 200 deputies from entire
district.
Note 1. The Military units, irrespective of
the place of dislocation, shall send the delegates to the District Congress on
the basis of representation as for the workers, i.e. one deputy for 100 voters.
Note 2. All of the cities of the Abkhaz SSR
shall be united with the respective District for the purpose of elections
68. The
Special Congress of the Soviets shall be convened by the relevant executive
organ of the state authority (executive committees) upon its own discretion or
at the request of the local Soviets comprising not less than one-third of the
entire population of the given district.
In any case they are convoked at least once a year.
Article 69. Re-election of the Sukhumi City
Soviet and community Soviets shall be conducted once a year.
Article 70. The Congress of District Soviets
elects its executive organ - an executive Committee the membership of which
shall not exceed 15 and not less that 11.
The organization and function of the District Executive Committees shall
be determined by the special Regulations.
Article 71.
The Executive Committee is responsible to the Congress of Soviets, which
has elected it.
Article 72. 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 73. The Decisions of the District
Congress of Soviets may be revoked solely by the Congress of the Soviets, the
Central Executive Committee and the Presidium of Abkhaz ASSR.
The decisions of the District Executive
Committees and their Presidiums may be revoked by the higher Congress, Central
Executive Committee and its Presidium, and by the Council of People’s
Commissars.
Chapter XIV
The Soviet of Deputies
Article 74.
The city of
Organization and procedures of operation of the
Sukhumi City Soviet and its executive organ shall be determined by the special
Regulations.
Article 75.
The Soviets of communities shall be formed on the basis of norm – 1
deputy for 100 inhabitants.
Article 76. Term of the Deputy shall be one
year.
Article 77. For the current work the rural
Soviets of Deputies shall elect among from the deputies the executive organ
(executive committee) composed of three members.
Organization and procedure of operation of the
rural Soviets and their executive committees shall be determined by the special
Regulations.
Article 78.
The Soviet of Deputies shall be convened by the executive committee upon
its own initiative or at the request of not less than a half of the members of
the Soviet, but at least once a month.
Article 79.
The Soviet of Deputies, within its competence, is the highest body of
the state authority on its territory.
Chapter XV.
Jurisdiction of the Local organs of the State
Authority
Article 80. The District organs of the soviet
power and also the Local Soviets of Deputies have to perform the following
duties:
a) Carry out all orders of the respective
higher organs of the soviet power;
b) Carry out all measures of raising the
cultural and economic standard of their respective territories;
c) Decide all matters of local importance within
the respective territories;
d) Coordinate all soviet activity in their
respective territories.
Chapter XVI
The Courts
82. For the purpose of establishing the
revolutionary justice and for protection of the achievements of the proletarian
Revolution, the state interests and citizens, the Abkhaz SSR forms the unified
system of the People’s Court.
83. The following Courts are included in the
unified system of judiciary:
a) People’s Courts composed of the People’s
Judge and two People’s Assessors;
b) The Supreme Court of
the Republic composed of the Court and the Supreme Chambers.
84. The special courts on labour issues shall
be formed at the People’s Courts for the purpose of protection of the workers’
rights and labour.
85. The structure, court proceedings,
jurisdiction of the criminal and civil cases and organization of the public
prosecution and defence council shall be determined by the relevant Codes and
Regulations on Judiciary.
86. The People’s Court, in deciding the cases,
shall be guided by the Codes, Decrees and Resolutions operating on the
territory of the Abkhaz ASSR, and in case of lack of the legal norms, by the
basic principles of the legislation and common policy of the Workers’ and
Peasants’ government of the USSR.
Chapter XX
Budgetary Rights
Article 102. The state expenditure and income of
the Soviet Socialist Republic of Abkhazia are combined in the state budget and
distributed to the following budgets:
a) state budget; and
b) local budget.
Article 103 The estimates on state and local
budgets (Republic of Abkhazia) shall be draw-up by the various of agencies and
considered by the Budgetary Commission at the Office of the Representative of
the People’s Commissariat of Finance and of the State Planning Committee of the
USSR in Abkhazia.
Article 104. The estimates of expenditure and
income of the Abkhaz SSR flowing through the
Article 105. All the revenues and expenditures
of the state and local budgets shall be determined by the unified fiscal
legislation of the
Article 106.
No taxes and duties shall be introduced without strict observance of the
rules established by the Fiscal legislation of the
Chapter XXI
The Coat of Arms and Flag of the
83. The
coat of arms of the Soviet Socialist Republic of Abkhazia consists of the
background with the landscape of Abkhazia on which a golden scythe and hammer
are placed. On the top there is a five-pointed
star in sun-rays. The coat of arms is
surrounded by corn, tobacco and grape wreath, inscribed in the Abkhaz language
– “Abkhaz SSR” and “Workers of all the Countries, Unite!”
84. The flag
of the Soviet Socialist Republic of Abkhazia consists of red cloth or purple
linen, in the left top corner of which are placed scythe and hammer and above
them the five-pointed star surrounded with a golden wreath, inscribed: ASSR. The size 1:2.
(The Congresses of the Soviets of
the