CONSTITUTION (BASIC LAW) of the Autonomous Soviet Socialist Republic of Abkhazia

Chapter I

The organization of the society

Article 1.  The Autonomous Soviet Socialist Republic of Abkhazia is a socialist state of workers and peasants.

Chapter II

The organization of the state

Article 13.        The Autonomous Soviet Socialist Republic of Abkhazia is included in the Soviet Socialist Republic of Georgia with the rights of Autonomous Republic.

The Autonomous Soviet Socialist Republic of Abkhazia exercises its jurisdiction outside of competence specified for in Article 14 of the Constitution of the USSR and Article 14 of the Constitution of Georgia.

Article 14. The Autonomous Soviet Socialist Republic of Abkhazia includes: Gagra, Gali, Gudauta, Sukhumi, Ochamchire Regions and the City Sukhumi, which is under direct subordination to the highest organs of state authority of the Abkhaz ASSR.

Article 15.  The territory of the Autonomous Soviet Socialist Republic of Abkhazia shall not be altered without its consent.

Article 16. The laws of the USSR and the Georgian SSR shall be binding on the territory of the Autonomous Soviet Socialist Republic of Abkhazia. In the event of discrepancy between a law of the Abkhaz ASSR and the USSR or the Georgian SSR, the law of the USSR or Georgian SSR prevails.

Article 17. The citizen of the Abkhaz SSR is the citizen of the Georgian SSR and of the USSR.

Any citizen of the Georgian SSR, as well as of other Union Republics shall enjoy the equal rights on the territory of the Abkhaz ASSR as for citizen of the Abkhaz SSR.

Article 18. The jurisdiction of the Autonomous Soviet Socialist Republic of Abkhazia, as represented by its highest organs of state authority and organs of government, covers:

a) adoption of the Constitution of the Abkhaz ASSR, its submission to the Supreme Soviet of the Georgian SSR, controls the observance of the Constitution;

b) determination of boundaries of the districts and cities subject to further submission to the Supreme Soviet of the Georgian SSR for approval;

c) legislation of the Autonomous Soviet Socialist Republic of Abkhazia;

d) safeguarding the public order and civil rights;

e) Approval of the public-economic plans of the Abkhaz ASSR;

f) Approval of the state budget of the Abkhaz ASSR;

g) Introduction of state and local taxes, dues and non-tax income in accordance of the legislation of the USSR and of the Georgian SSR;

h)  management of implementation of budgets of district, city and village soviets;

i) administration of insurance and savings;

j) administration of industrial, agricultural and trade initiatives and management of the organizations of the republican importance, as well as the management of the local industry;

i) control and monitoring over the situation and management of the organs subordinate to the USSR and of the Georgian SSR;

j) control and management of the rules for the use of land, its bowels, water and forest in accordance with the laws of the USSR and of the Georgian SSR;

k) administration of municipal improvements, housing and public utilities in the cities and other settlements;

l) road construction, management of local transport and of local communications;

m) control over the implementation of the Labour Law of the USSR and of the Georgian SSR;

n) management of the public health affairs;

o) management of the social security affairs;

p) administration of primary, secondary and high educational institutions;

q) administration of cultural-education and scientific institutions of the Abkhaz ASSR;

r) management and organization of the physical culture and sport affairs;

s) arrangement of the judicial organs of the Abkhaz ASSR.

Chapter III

The highest organs of the state authority of the

Autonomous Soviet Socialist Republic of Abkhazia

Article 19. Supreme Soviet of the Autonomous Soviet Socialist Republic of Abkhazia is the highest organ of the state authority of the Autonomous Soviet Socialist Republic of Abkhazia.

Article 20. Supreme Soviet of the Autonomous Soviet Socialist Republic of Abkhazia shall exercise all the rights under the jurisdiction of the Abkhaz ASSR in conformity to Article 13 and Article 18 of the Constitution of the Abkhaz ASSR as they are, on the basis of this Constitution, outside of the of the competence of the organs that are accountable to the Supreme Soviet of the Abkhaz ASSR: presidium of the Supreme Soviet of the Abkhaz ASSR, Council of People’s Commissars of the Abkhaz ASSR and the People’s Commissariats of the Abkhaz ASSR.

Article 21. The Supreme Soviet of the Abkhaz ASSR is the sole legislative organ of the Abkhaz ASSR;

Article 22. The Supreme Soviet of the Abkhaz ASSR shall be elected by the citizens of the Abkhaz ASSR for a term of four years according to the electoral district upon the following norm: one deputy for 3000 inhabitants.

Article 23.  A law is considered adopted if passed by the Supreme Soviet of the Abkhaz ASSR by a simple majority of votes.

24. The laws adopted by the Supreme Soviet of the Abkhaz ASSR shall be published in Abkhaz and Georgian languages over the signatures of the Chairman and Secretary of the Presidium of the Supreme Soviet of the Abkhaz ASSR.

Article 25. The Supreme Soviet of the Abkhaz ASSR elects the chairman of the Supreme Soviet of the Abkhaz ASSR and two Vice-Chairmen.

Article 26. The Chairman of the Supreme Soviet of the Abkhaz ASSR presides the sessions of the Supreme Soviet of the Abkhaz ASSR and directs the internal procedures of the organ.

Article 27.  The sessions of the Supreme Soviet of the Abkhaz ASSR  are convened by the Presidium of the Supreme Soviet of the Abkhaz ASSR twice a year.

Special sessions are convened by the Presidium of the Supreme Soviet of the Abkhaz ASSR at its discretion or at the request of the one third of deputies of the Supreme Soviet.

Article 28.  Supreme Soviet of the Abkhaz ASSR elects the presidium of the Supreme Soviet of the Abkhaz SSR consisting of a Chairman of the presidium of the Supreme Soviet of the Abkhaz ASSR, Vice-Chairman, a secretary and 8 members of the presidium.

Article 29.  The presidium of the Supreme Soviet of the Abkhaz ASSR is accountable to the Supreme Soviet of the Abkhaz ASSR.

Article 30. The Presidium of the Supreme Soviet of the Abkhaz ASSR:

a) Convenes the sessions of the Supreme Soviet of the Abkhaz ASSR;

b) Interprets laws of the Abkhaz ASSR, issues decrees;

c) Conducts referendum;

d) Annuls decisions and orders of the Council of people’s Commissars of the Abkhaz ASSR and decisions and orders of the district and city soviets of the Abkhaz ASSR in case they do not conform to law;

e) In the periods between the convocation of the sessions of the Supreme Soviet of the Abkhaz ASSR relieves of their posts and appoints certain People’s Commissars upon nomination of the Chairman of the Council of people’s Commissars of the Abkhaz ASSR, subject to subsequent confirmation by the Supreme Soviet of the Abkhaz ASSR;

f) Confers titles of honour of the Abkhaz ASSR.

Article 37. Supreme Soviet of the Abkhaz ASSR forms the Government of the Abkhaz ASSR – the Council of People’s Commissars of the Abkhaz ASSR.

Chapter IV

The organs of government of the Autonomous Soviet Socialist Republic of Abkhazia

 Article 38.  The highest executive and administrative organ of the state authority of the Autonomous Soviet Socialist Republic of Abkhazia is the Council of People’s Commissars of the Abkhaz ASSR.

(...)

Article 39. The Council of People’s Commissars of the Autonomous Soviet Socialist Republic of Abkhazia is responsible and accountable to the Supreme Soviet of the Abkhaz ASSR; and in the intervals between sessions of the Supreme Soviet of the Abkhaz SSR it is responsible and accountable to the Presidium of the Supreme Soviet of the Abkhaz ASSR.

Article 40. The Council of the People’s Commissars of the Abkhaz ASSR issues decisions and orders on the basis and in pursuance of the laws of the USSR, the Georgian SSR and Abkhaz ASSR, and on the basis of decisions and orders of the Council of People’s Commissars of the USSR and the Georgian SSR, and supervises their execution.

41. Decisions and Orders of the Council of People’s Commissars of the Abkhaz ASSR are binding throughout the territory of the Abkhaz ASSR.

Article 42. The Council of People’s Commissars of the Abkhaz ASSR:

a) Coordinates and directs the work of the Commissariats of the Abkhaz ASSR and of other institutions, cultural and economic, under its subordination.  coordinates and controls the activity of the representatives of the all0Union and Union-Republican People’s Commissariats.

b) Adopts the measures to carry out the public-economic plan;

c) Adopts measures to carry out the state and local budgets of the Abkhaz ASSR;

d)  Adopts the measures for securing the public order, for protection of state interests, and for safeguarding the rights of citizens;

e) Directs and controls the activity of the District and City executive committees of the Soviets of Working People’s Deputies

Article 43. The Council of People’s Commissars of the Abkhaz ASSR has the right to annul decisions and orders of the District and City executive committees of the Soviets of Working People’s Deputies and to suspend decisions and orders of the District and City Soviets of the Working People’s Deputies.

The Council of people’s Commissars of the Abkhaz ASSR has the right to revoke the Orders and Instructions of the People’s Commissars of the Abkhaz ASSR.

Article 44. The Council of People’s Commissars of the Abkhaz ASSR is appointed by the Supreme Soviet of the Abkhaz ASSR and consists of:

The Chairman of the Council of people’s Commissars of the Abkhaz ASSR;

Two Vice-Chairmen of the Council of people’s Commissars of the Abkhaz ASSR;

The Chairman of the state Planning Commission of the Abkhaz ASSR;

The following People’s Commissars of the Abkhaz ASSR:

Agriculture,

Finance;

Internal Trade;

Internal Affairs;

health-care;

Education;

Local Industry;

Municipal Economy;

Social Protection;

Head of Road Department;

Representative of the Food Processing Committee of the USSR;

Head of Department on Arts.

Article 46. The people’s Commissars of the Abkhaz ASSR direct the branches of state administration which come within the jurisdiction of the Abkhaz ASSR in conformity to the Constitution of the Georgian SSR and of the Abkhaz ASSR.

Article 47. The people’s Commissars of the Abkhaz ASSR issue, within the limits of their jurisdiction, orders and instruction on the basis and in pursuance of the laws of the USSR, the Georgian SSR and the Abkhaz ASSR, and also of decisions and orders of the Council of People’s Commissars of the Georgian SSR and the Abkhaz ASSR and supervise their execution.

Article 48.  The people’s Commissariats of the Abkhaz ASSR direct the branches of state administration entrusted to them and they are subordinate to the Council of People’s Commissars, as well as to the relevant People’s Commissariat of the Georgian SSR.

Chapter V

Local organs of State Authorities

Article 49. The Soviets of the Working People’s Deputies are the organs of state authority in districts, cities, villages and rural settlements.

Article 50. The district, city, village and rural settlement Soviets of Working People’s Deputies shall be elected by the workers of respective territorial entity for a term of two years.

Article 51. The Soviets of Working People’s Deputies (district, city, village, rural settlement) direct the cultural-political and economic development of their respective territories, draw-up the local budget and direct the work of the organs of administration subordinate to them, ensure the maintenance of public order, the observance of the laws and the protection of the rights of citizens.

Article 52. The Soviets of Working People’s Deputies adopt decisions and issue orders within the limits of the powers vested in them by the laws of the USSR, the Georgian SSR and of the Abkhaz ASSR.

Article 53. The executive and administrative organs of Soviets of Working People’s Deputies of districts, cities, village and rural localities are the executive Committees elected by them, consisting of a Chairman, Vice-Chairmen, a Secretary and members.

Article 54. The executive and administrative organ of rural Soviets of Working people’s Deputies in small localities is the Chairman, the Vice-Chairman, and the Secretary elected by them.

Article 55. The executive committees of the Soviets of Working People’s Deputies (district, city, village and rural settlement) direct the cultural-political and economic development of their respective territories in pursuance of the decisions of the relevant Soviet of the Working People’s Deputies and of the higher organs of the state authority.

Article 56. The executive committee of the district Soviet of the Working People’s Deputies shall convene the session not less than 6 times a year.

Article 57. The executive committees of the Soviets of Working People’s Deputies of the city, village and rural localities shall convene the session of their respective executive organs not less that once a month.

Chapter VI.

The Budget of the Autonomous Soviet Socialist Republic of Abkhazia

Article 72. The income from the local economy, as well as the revenues from local taxes and dues of the Autonomous Soviet Socialist Republic of Abkhazia, as well as the local payment and assets shall be allotted to the budget of the Abkhaz ASSR according to the quantity determined by the legislation of the USSR and of the Georgian SSR.

Chapter VII

Courts and Procurator’s Office

Article 73. In the Autonomous Soviet Socialist Republic of Abkhazia justice is administered by the People’s Courts, the Supreme of the Abkhaz ASSR and the Special Courts of the USSR established under the Decree of the Supreme Soviet of the USSR.

Article 75. The Supreme Court of the Autonomous Soviet Socialist Republic of Abkhazia is the highest judicial body in the Abkhaz ASSR. It is entitled to supervise the administration of justice at the courts of the Abkhaz ASSR.

Article 76. The Supreme Court of the Autonomous Soviet Socialist Republic of Abkhazia shall be elected by the Supreme Soviet of the Abkhaz ASSR.

Article 77. The People’s Courts shall be elected by the citizens of the District through on the basis of universal, direct and equal suffrage by secret ballot for a term of three years.

Article 78. Judicial proceedings in the rural localities where the majority of population is of Abkhaz origin, shall be conducted in Abkhaz language and where the majority is Georgian population – in Georgian language; Persons participating in the court proceedings, who do not know these languages, shall be ensured the right to become fully acquainted with the materials in the case through the interpreter, and the right to address the court in their native language.

Article 81. Supreme power of supervision over the strict and uniform observance of laws by all People’s Commissariats and subordinate agencies, officials and citizens on the territory of the Abkhaz ASSR is vested in the Procurator of the USSR, as well as in the Procurators of the Georgian SSR and of the Abkhaz ASSR.

Article 82. The Procurator of the Abkhaz ASSR is appointed by the procurator of the USSR for a term of five years.

Article 83. The District and City Procurators of the Abkhaz ASSR are appointed by the Procurator of the Georgian SSR for a term of five years subject to approval of the Procurator of the USSR.

Article 84. The agencies of the procurator’s office exercise their function independently on any local bodies whatsoever, and are subordinate solely to the Procurator of the USSR and to the Procurator of the Georgian SSR.

Article IX

The Electoral System

Article 108. Elections of the Soviets of the Working People’s Deputies in Abkhazia shall be carried out in accordance of the Electoral Districts upon the following norms:

District Soviets – one deputy for 300 inhabitants; City Soviets – according to the size of the city – 1 Deputy for not less than 100 and not more than 200 inhabitants;

Village Soviets – according to the size of area – one Deputy for not less than 50 and not more than 150 inhabitants; 

The norms for election of district, city, village and rural settlements shall be established by the Regulations on the Election of Soviets of the Abkhaz ASSR on the basis of the norms specified for in this Article.

Chapter X

Coat of Arms, Flag, Capital

Article 111.  The arms of the Georgian SSR is the State Arms of the Autonomous Soviet Socialist Republic of Abkhazia, . . . surrounded with the inscription: „Workers of All Countries, Unite!“ in Georgian, Abkhaz and Russian languages.

Article 112. The Flag of the Georgian SSR is the Flag of the Autonomous Soviet Socialist Republic of Abkhazia, which is a rectangle of red cloth, in the left corner above, within the square the inscription „Abkhaz ASSR“ in Georgian, Abkhaz and Russian languages with depicted in gold.

Article 113. The Capital of the Autonomous Soviet Socialist Republic of Abkhazia is the city of Sukhumi.

Chapter XI

Procedure for Amending the Constitution

Article 114. The Constitution of the Autonomous Soviet Socialist Republic of Abkhazia may be amended only by the decision of the Supreme Soviet of the Abkhaz ASSR adopted by a majority of not less than two-thirds of the votes cast of the Supreme Soviet of the Abkhaz ASSR subject to approval by the Supreme Soviet of the Georgian SSR.

Presidium of the Eighth Special Congress of the All-Abkhaz Soviets.

Sukhumi, 2 August 1937.

(Constitution (Basic Law) of the Autonomous Soviet Socialist Republic of Abkhazia. Sokhumi, 1937, p. 7-33)