DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree # 46 issued on 24 March 1992 by the Council of Ministers of the Abkhaz ASSR on “Transfer Under the Jurisdiction of the Republic of Abkhazia the Enterprises, Agencies and Organizations of the Union and Union-Republic Subordination Located on the Territory of Abkhazia”

On 24 March 1992 the Council of Ministers of the Abkhaz ASSR issued a decree according to which those enterprises, agencies and organizations located on the territory of Abkhazia that were under the Union and Union-Republic subordination before the disintegration of the USSR, have come under the jurisdiction of the Abkhaz ASSR. According to the same decree, the Ministry of Justice of Abkhazia was entrusted with a task of ensuring registration of these economic institutions.

The State Council of the Republic of Georgia notes that the aforementioned decree of the Council of Ministers of the Abkhaz ASSR contradicts the legislation of Georgia due to the following circumstances:

Pursuant to the decree issued on 15 September 1991 by the Supreme Council of the Republic of Georgia on “Status of Enterprises, Agencies and Organization of Union and Union –Republic Subordination Located on the Territory of Georgia”, all these enterprises, agencies and organizations of Union and Union-Republic subordination are declared to be the property of the Republic of Georgia and the Cabinet of Ministers of the Republic of Georgia is entrusted with a task of managing them.

This decree of the Supreme Council of the Republic of Georgia has a legal effect on the organizations located on the territory of the Abkhaz ASSR, since the Abkhaz ASSR is an integral part of the Republic of Georgia and legal acts adopted by the highest Authorities of the Republic of Georgia are valid on the whole territory of Georgia.

It should be pointed out that pursuant to decree issued on 15 September 1991 by the Supreme Council of the Republic of Georgia, all enterprises, agencies and organizations of formerly Union and Union Republic subordination and located on the territory of the Abkhaz ASSR have already been transferred under the exclusive jurisdiction and ownership of the Republic of Georgia.

Therefore, the Council of Ministers of the Abkhaz ASSR was not authorized to transfer enterprises, agencies and organizations of formerly Union and Union Republic subordination and located on the territory of the Abkhaz ASSR under the jurisdiction and management of Abkhazian authorities prior obtaining consent from the Government of Georgia or the Committee on Management of State Property of Georgia.

Proceeding from the aforementioned and pursuant to Article 19 of the Statute of the State Council of the Republic of Georgia, the State Council of the Republic of Georgia decrees:

1. To repeal the decree # 46 issued on 24 March 1992 by the Council of Ministers of Abkhazian ASSR “Transfer Under the Jurisdiction of the Republic of Abkhazia the Enterprises, Agencies and Organizations of the Union and Union-Republic Subordination Located on the Territory of Abkhazia”.

2. To entrust the Government of Georgia, through the Committee on Management of State Property and relevant ministries and agencies, with a task of taking care and maintenance of the property of the Republic of Georgia and securing property rights and interests of the Republic.

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

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

19 May 1992

(Collection of Normative Acts issued by the State Council of the Republic of Georgia, volume 1, Tbilisi, 1995, p. 67-69)