DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR “on Creation of the state Customs Service of the Republic of Abkhazia”.

On 27 September 1991 the Presidium of Supreme Council of the Abkhaz ASSR issued a decree on “Creation of the State Customs Service of the Republic of Abkhazia” and agreed on structure, personnel and pattern of activities of the service with the Customs Committee of the USSR.

The aforementioned decision taken by the Presidium contradicts the Law of the Republic of Georgia on the “ Customs Service of the Republic of Georgia” adopted on 15 September 1991.  This law does not entitle the Autonomous Republics of Georgia with authority of creating customs services; moreover, the aforementioned decree contradicts Article 82 of the Constitution of the Republic of Georgia, according to which the laws of the Republic of Georgia are equally binding on the whole territory of the Republic, including its autonomous republics.

It should be pointed out, that by issuing the aforementioned decree, the Presidium violated Article 103 of the Constitution of the Abkhaz ASSR, which does not entitle it to take decisions of legislative character. Therefore, by doing so, the Presidium of the Supreme Council of the Abkhaz ASSR went beyond its competance.

By virtue of decree issued by the President of the Republic of Georgia, implementation of the Decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia  was suspended, since it contradicts the Constitution and the Laws of the Republic of Georgia.

In accordance with Article 104, Paragraph 8 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia guarantees supremacy of Georgian Laws on the whole territory of the Republic, and in accordance with Paragraph 24 of the same Article, the Supreme Council of the Republic of Georgia observes the proper application of the Constitution of the Republic of Georgia and makes sure that constitutions and laws of the Abkhaz ASSR and Ajara ASSR do not contradict  the Constitution and Laws of the Republic of Georgia.

Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:

1. To declare null and void the decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia” since it contradicts the Constitution and Laws of the Republic of Georgia and the Constitution of the Abkhaz ASSR.

2. To advise the Supreme Council of Abkhaz ASSR to invalidate the decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia

Chairman of the Supreme Council of the Republic of Georgia  Akaki Asatiani

8 October 1991

(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p. 32-33)