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

Chapter I

General Provisions

2. Republic of Abkhazia is a socialist state of workers and peasants included within the Soviet Socialist Republic of Georgia as the Autonomous Republic and through the latter, within the Soviet Socialist Federative Republic of the Trans-Caucasus.

3. The Congress of Soviets of Workers, Peasants and Red Army Deputies is the bearer of the supreme power of the Autonomous Soviet Socialist Republic of Abkhazia, and between the Congresses – the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

4. The Autonomous Soviet Socialist Republic of Abkhazia exercises the state authority on its territory independently as this authority is not restricted by the Constitution of the Georgian Soviet Socialist Republic, either by the Constitutions of the Trans-Caucasus Soviet Federative Socialist Republic or the Union of the Soviet Socialist Republics.

5. Changes of the territory under the jurisdiction of the Autonomous Soviet Socialist Republic of Abkhazia, without consent of the latter shall be prohibited.

6. Every citizen of the Autonomous Soviet Socialist Republic of Abkhazia, retaining the citizenship of the Republic, at the same time is a citizen of the Soviet Socialist Republic of Georgia,  the Socialist Federative Soviet Republic of the Trans-Caucasus and the Union of the Soviet Socialist Republic.  The rights and responsibilities established by this Constitution and the legislation of the Republic for the citizens of the Autonomous Soviet Socialist Republic of Abkhazia shall apply to every citizen of the Union Soviet Republics being on the territory of the Autonomous Soviet Socialist Republic of Abkhazia. 

Based on the principle of solidarity of the working people of all countries and nations, the foreign citizens representing the working class and carrying out the business-activity on the territory of the Republic, as well as the farmers not using the others’ labour, are guaranteed every political rights granted by the Autonomous Soviet Socialist Republic of Abkhazia.

7. The Autonomous Soviet Socialist Republic of Abkhazia recognizes the equality of rights of citizens irrespective of their nationality or race; any direct or indirect restriction of the rights of, or, conversely, any establishment of privileges for, citizens on account of their nationality, as well as any advocacy of discrimination of national minorities or restriction of their rights contradict the basic laws of the Republic.

8. Abkhaz, Georgian and Russian languages shall be used at the state agencies of the Autonomous Soviet Socialist Republic of Abkhazia.

Note: 1. Every ethnic group residing on the territory of the Autonomous Soviet Socialist Republic of Abkhazia shall have the right to free development and application of its mother-tongue in national-cultural, as well as in public institutions.

2. The language for administrative-territorial entities (districts, rural communities) shall be determined by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

15. The Autonomous Soviet Socialist Republic of Abkhazia grants the right to asylum on its territory to foreigners being persecuted for political activity in favour of Revolution.

(…)

Chapter II

The sphere of jurisdiction of the Supreme Power

of the Autonomous Soviet Socialist Republic of Abkhazia

17. The following shall be under the sole jurisdiction of the Congress of the Autonomous Soviet Socialist Republic of Abkhazia:

a) establishment of and introduction of changes and amendments to the basic principles of the Constitution of the Autonomous Soviet Socialist Republic of Abkhazia, as well as endorsement of partial changes of the Constitution adopted by the Central Executive Committee in time between the Congresses of the Soviets of the Autonomous Soviet Socialist Republic of Abkhazia with further submission of the Decrees on this issue to the  All-Georgian Central Executive Committee and All-Georgian Congress of Soviets;

b) the issues related to the changes of the border of the Autonomous Soviet Socialist Republic of Abkhazia in conformity to the rules specified for in the Constitution of the Soviet Socialist Republic of Georgia.

18. The issues of the common character on the management of the autonomous state shall be under the jurisdiction of the Congress of Soviets and of the Central Executive Committee of Autonomous Soviet Socialist Republic of Abkhazia, in particular:

a) General management of internal policy and public economy of the Autonomous Soviet Socialist Republic of Abkhazia;

b) Administrative division of the territory of the Autonomous Soviet Socialist Republic of Abkhazia;

c) Establishment of the bases for the public economy and certain branches on the territory of the Autonomous Soviet Socialist Republic of Abkhazia in compliance with the legislation of the Union of Soviet Socialist Republics, the Soviet Federative Socialist Republic of Trans-Caucasus and the Soviet Socialist Republic of Georgia.

d) Consideration of the budget of the Autonomous Soviet Socialist Republic of Abkhazia and control over its implementation;

e) Internal state legislation on the issues of autonomous state management, as well as of development of the legislation of the Soviet Socialist Republic of Georgia valid on the whole territory of the latter;

f) the right of pardon on the territory of the Autonomous Soviet Socialist Republic of Abkhazia, as well the right of rehabilitation of political rights of citizens convicted  by courts and administrative agencies of the Republic;

g) annulment and termination of the decrees of District Soviets and District Executive committees, which are not in conformity to this Constitution and the legislation of the Autonomous Soviet Socialist Republic of Abkhazia.

h) the issues within the frame of the management of the Autonomous Republic the Congress of Soviets or the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia deems necessary to be considered by them.

19. The decrees issued by the supreme bodies of the Union of Soviet Socialist Republics, Trans-Caucasus SFSR, as well as the decrees, resolutions and Codes valid on the whole territory of the Soviet Socialist Republic of Georgia are binding on the territory of the Autonomous Soviet Socialist Republic of Abkhazia.

No other bodies, except of the Congress of Soviets or the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia, and in certain cases it Presidium, shall be authorized to issue the legal act of state significance on the territory of Abkhazia.

Chapter III.

Organization of the State Authority

The Congress of Soviets of the Autonomous Soviet Socialist Republic of Abkhazia

20. The Congress of Soviets of the Autonomous Soviet Socialist Republic of Abkhazia shall consist of the representatives of the District and City Soviets one the basis of one deputy for every 1500 of the population where the Soviets are elected on the basis of a number of population, and one deputy for each 300 voters – where the Soviets are elected on the basis of a number of electors.

21. The Congress of Soviets of the Autonomous Soviet Socialist Republic of Abkhazia shall elect the Central Executive Committee of Soviets; the number of the members to the Committee shall be determined by the Congress of Soviets.

22. The Congress of Soviets of the Autonomous Soviet Socialist Republic of Abkhazia shall be convened by the Central Executive committee of the Autonomous Soviet Socialist Republic of Abkhazia once in two years.

Note: If the circumstances impede the Central Executive Committee to convene the regular Congress, it can be postponed under the decision of the CEC.

23. The Special Congress of the Soviets of the Autonomous Soviet Socialist Republic of Abkhazia shall be convened by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia at its discretion or upon the request of local Soviets and Congresses where the population is not less than one third of the whole population of the Autonomous Soviet Socialist Republic of Abkhazia.

b. Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia and its Presidium

24. The Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia is the highest legislative, administrative and supervising body of the Autonomous Soviet Socialist Republic of Abkhazia.

25. The Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia issues the decrees on the matters relating to the management of the autonomous republic, as well as on the development of legislation valid on the whole territory of the Soviet Socialist Republic of Georgia.

26. The Central Executive Committee directs in a general way the activity of the Workers’ and Peasants’ Government and of all organs of the soviet authority of the Autonomous Soviet Socialist Republic of Abkhazia, and it unites and coordinates the operation of the legislation and management observing the fulfillment of the Constitution of the Autonomous Soviet Socialist Republic of Abkhazia, Decrees adopted by the Congress of Soviets of the Autonomous Soviet Socialist Republic of Abkhazia, as well as of the Trans-Caucasus SFSR and the legislation adopted by and valid on the whole territory of the Soviet Socialist Republic of Georgia.

27. The Central Executive Committee is accountable to the Congress of Soviets of the Autonomous Soviet Socialist Republic of Abkhazia to whom it shall submit the reports on its activity and on general policy and certain questions having the all-state significance.

28. The Presidium of the Central Executive Committee shall convene the regular session of the Central Executive Committee not less than three times a year.  The Special Sessions of the Central Executive Committee may be convened:

a) upon the initiative of the presidium of the Central Executive committee;

b) at the request of not less than one third of the members of the Central Executive Committee.

29. The Central Executive Committee shall elect the Presidium of the Central Executive Committee and define the sphere of its activity.

30. The Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia shall form People’s Commissariats for the purpose of general management of the certain branches and appoint the People’s Commissars from the members of the Presidium of the Central Executive Committee.

31. The Economic Forum shall be established at the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia, which will operate on the basis of special regulations.

32. In the periods between the convocation of the sessions of the Central Executive Committee, the Presidium is the supreme legislative, administrative and controlling authority of the Autonomous Soviet Socialist Republic of Abkhazia.

33. The Presidium of the Central Executive Committee shall issue decrees, resolutions and instructions on behalf of the Central Executive Committee.

34. The Presidium of the Central Executive Committee shall observe the implementation of the Constitution of the Autonomous Soviet Socialist Republic of Abkhazia, as well as the Resolutions of the Congress of Soviets and the Central Executive Committee by every organ of the state authority; it shall be the supreme governing organ in the center and at the local level.

35. The Presidium of the Central Executive Committee is authorized to appoint the People’s Commissars and other high officials in the period between the sessions of the Central Executive Committee, with further submission for approval to the Central Executive Committee in accordance of the law.

36. The presidium of the Central Executive Committee shall consider the motions on pardon and rehabilitation in political rights.

37. The Presidium of the Central Executive Committee is entitled to suspend and annul the decrees and instructions issued by the People’s Commissars, central state agencies, district executive committees and City Councils, independent administrative entities and of the District Congress of Soviets.

38. The Presidium of the Central Executive Committee resolves the disputes between the central and local authorities.

39. The Presidium of the Central Executive Committee is responsible to the Central Executive Committee.

B. The People’s Commissariats of the Autonomous Soviet Socialist Republic of Abkhazia.

40. For the purpose of general management of the fields under the jurisdiction of the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia and its Presidium, the following People’s Commissariats shall be formed: Education; Agriculture; Health-care; Justice; Local Industry; Internal Trade and Finances. The Office of the Representative of the Trans-Caucasus NKVD (People’s Commissariat of Internal Affairs), Representative of the People’s Commissariat of Communication and the Representative of the People’s Commissariat of Foreign Trade shall operate at the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

41. The People’s Commissariats of the Autonomous Soviet Socialist Republic of Abkhazia are led by the People’s Commissars; the members of the Presidium of the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia stand at the head of the various People’s Commissariats.

42. The People’s Commissariats of the Autonomous Soviet Socialist Republic of Abkhazia shall be subordinate to the Central executive Committee and the Presidium of the Autonomous Soviet Socialist Republic of Abkhazia and implement the directives and tasks of the relevant People’s Commissariats of the Autonomous Soviet Socialist Republic of Abkhazia.

43. A people’s Commissar has the individual right to decide on all questions under the jurisdiction of the relevant commissariat.

44. The people’s Commissars are responsible to the Central Executive Committee the Autonomous Soviet Socialist Republic of Abkhazia.

45. The orders and resolutions issued by the People’s Commissariat the Autonomous Soviet Socialist Republic of Abkhazia can be revoked by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

If these orders or resolutions contradict to the instructions of the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia or its Presidium, they also can be revoked by the relevant People’s Commissariats of the Soviet Socialist Republic of Georgia if they also contradict to the legislation of the Union of Soviet Socialist Republics, the Trans-Caucasus Soviet federative Socialist Republic and of the Georgian Soviet Socialist Republic.

c) The local organs of the Soviets – District Congress of Soviets, District executive committees, Council of Deputies and its executive bodies.

46. The Congress of Soviets, within its jurisdiction, is the supreme power on the territory of the district; in the periods between the convocation of the Congress the District Executive Committee is the supreme organ.

Note: Under the Decree of the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia and subject to further endorsement by the All-Georgian Central Executive Committee, the certain cities, having the industrial or cultural-political significance, may form together with the adjusted rural territories or without them a separate administrative-economic entity that is not included within the District.  The city councils shall subordinate directly to the supreme authorities of the Republic.

47. The all Soviets on the territory of the District shall participate in the District Congress of Soviets.

48. The District Congress is composed of representatives from all local soviets on the territory of the District according the following quota: one deputy for 300 inhabitants from the Soviets of the territories where the Soviet is elected on the basis of the number of population, and one deputy for 60 voters from the Soviets of the territory where the Soviet is elected on the basis of constituency.

49. The regular District congresses of the Soviets shall be convened once a year.  The Special Congress may be convened by the relevant executive committee: a) upon its own initiative; b) at the request of the Congress of Soviets or Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia; c) at the request of the local Soviets representing  not less than one third of the population of the given District.

50. Every District Congress of Soviets elects its executive organs – a District Executive Committee;  the number of members to the District Executive Committee the membership of which shall be determined by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

51. The District Executive Committees are responsible to the Congress of Soviets, which elected them and subordinate to the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia and its Presidium.

52. For exercising the management of the district and implementation of directives and resolutions of the central power, the District Executive Committees shall elect the Presidium, which is authorized to carry out the function of the executive committee on the periods between the sessions of the Executive Committee and is responsible the latter.  Membership of the Presidium of each District Executive Committee shall be determined by Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

53. For the purpose of management of the certain branches on the territory of the District within the frame of district competence, the District Executive Committees may set up the departments, the organizations, structure and competence of which shall be defined by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

54. The Departments of the District Executive committee shall be entirely subordinate to the District Executive Committee and its Presidium; all instructions and tasks by the District Executive Committee and its Presidium, as well as of the People’s Commissars of Abkhazia and the Representatives of the People’s Commissariats are binding to the District Executive Committee.

55. The Soviets of Workers, peasants and Red Army Deputies shall be formed:

a) in rural area and towns where the majority of population is engaged in agriculture activity – one deputy for 100 inhabitants;

b) in cities and urban settlements where the majority of population is engaged in industrial enterprises, as well as in sovkhoz and construction at the rural settlements – one deputy for from 40 to 75 voters.

Note: In the territories where the population elects the deputies in accordance to the total number of population, the Military Units of the Red Army and Navy elect their deputies to the Soviets – one deputy for 50 voters; and in the territories where the population elects the deputies in accordance to the total number of voters they elect their deputies upon the same rule as for the rest of population.

56.  Re-election of the Soviets of deputies shall be held once a year.

57. The executive organs of urban and rural soviets, their structure and jurisdiction shall be defined by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

58. The Soviet of Deputies shall be convened by its respective executive organ upon its own initiative or at the request of not less than one third of the members of Soviets.

59. The local authorities (District Congress of Soviets, Soviet of Deputies and their executive organs) shall have under their jurisdiction:

a) take measures for raising the cultural and economic standard of the given territory;

b) draw-up and implement the local budget;

c) Carry out all orders of respective higher organs of the soviet power;           

d) Decide all questions of local importance within their respective territory;

e) Coordinate all soviet activity in their respective territories;

f) Secure the revolutionary justice on their respective territories;

g)  Secure the state order and public security on their respective territories;

h) Discuss the issues of nationwide importance upon their own initiative, as well as upon the proposal by the higher organs of the soviet power.

60. The District Congress of Soviets and the District Executive Committees shall have the right to control the activity of the local soviets and their executive organs.

61. The District Executive committees shall have the right to suspend the implementation, at their own responsibility, of the orders by the People’s Commissariats of the Autonomous Soviet Socialist Republic of Abkhazia on the exceptional basis and in conformity to the rules defined by the Central Executive committee of the Autonomous Soviet Socialist Republic of Abkhazia.

d) Courts and Directorate of Public Prosecution

62. For the legal protection of the Workers’ and Peasants’ state, and for strengthening of revolutionary justice and protection of the public order, the unified Public Court shall operate on the territory of the Autonomous Soviet Socialist Republic of Abkhazia, which also includes the Directorate of Public Prosecution formed on the basis defined by the Union of Soviet Socialist Republics and functioning under the procedural rules, basics of which are determined by the Union of Soviet Socialist Republics.

63. The judicial organs and the Directorate of Public Prosecution shall observe the civil and criminal legislation of the Soviet Socialist Republic of Georgia elaborated on the bases established by the Union of Soviet Socialist Republics, as well as the laws valid on the territory of the Autonomous Soviet Socialist Republic of Abkhazia; in case of lack or deficiencies of such laws, they shall be guided by the common spirit and interest of the Soviet legislation.

b) The checking and cancellation of elections and recall of the Deputies

70. If an election was irregularly carried on in its entirety, it may be declared void by a higher soviet authority.  The highest authority in relation of election of soviets is the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

Chapter V

The budget rights of the Autonomous Soviet Socialist Republic of Abkhazia.

73. The local budget of the Republic is in force on the territory of the Autonomous Soviet Socialist Republic of Abkhazia, as well as the local budgets of the administrative-territorial (cities, districts and rural settlements) entities included within the Abkhaz ASSR.

74. The volume of budget of the Autonomous Soviet Socialist Republic of Abkhazia is subordinate to the rules provided for in the Regulations on Budgetary Rights of the autonomous soviet socialist republics and oblasts of the Trans-Caucasus SFSR, and the budgets of administrative-territorial entities (cities, districts and rural settlements) of the Abkhaz SSR – to the Regulations on Local Fiscal Regulations and other relevant legal acts of the USSR, Trans-Caucasus SFSR and of the Georgian SSR. 

75. The income resources, as well as the expenditure of the budget of the Autonomous Soviet Socialist Republic of Abkhazia shall be determined by the Regulations on Budgetary Rights of the autonomous soviet socialist republics and oblasts of the Trans-Caucasus SFSR.

76. The income resources, as well as the expenditure of the budgets of the administrative-territorial entities (cities, districts and rural settlements) included within the Autonomous Soviet Socialist Republic of Abkhazia shall be determined by the Regulations on Local Finances, as well as of other legal acts of the USSR, Trans-Caucasus SFSR and the Georgian SSR.

77. The Central Executive Committee of the  Autonomous Soviet Socialist Republic of Abkhazia shall regulate the budget of the Autonomous Soviet Socialist Republic of Abkhazia, as well as the budgets of the administrative-territorial entities (cities and districts) included within the Republic on the basis of Regulations on Local Finances and through determination of incomes entirely transferred to the budget of the administrative territorial entities, as well as of allocations in relevant quantity from the central revenues.

78. All taxes and dues on the territory of Autonomous Soviet Socialist Republic of Abkhazia shall be determined upon the all-union legislation.

79. The Budget of the Autonomous Soviet Socialist Republic of Abkhazia, as well as the budgets of the administrative- territorial entities included within the Republic, shall be approved before the fiscal year under the unified Act by the Central Executive Committee of Autonomous Soviet Socialist Republic of Abkhazia in accordance to the rules established by the legislation of the Soviet Socialist Republic of Georgia.

80. The procedure for drafting and implementation of the Budget of the Autonomous Soviet Socialist Republic of Abkhazia, as well as of the administrative-territorial entities, reporting and accounting on them shall be determined by the legislation of the Soviet Socialist Republic of Georgia.

81. Expenditure of the budget resources of the Autonomous Soviet Socialist Republic of Abkhazia and of the budgets of administrative-territorial entities (cities, districts and rural settlements) shall be formed within the scope approved in compliance with the budgetary allocations and only for the direct purposes.

82. The report on budget implementation by the Autonomous Soviet Socialist Republic of Abkhazia and the administrative territorial entities shall be reviewed and approved by the Central Executive Committee of the Autonomous Soviet Socialist Republic of Abkhazia.

Chapter VI

The Coat of Arms, Flag and Capital City

of the Autonomous Soviet Socialist Republic of Abkhazia

83. The coat of arms of the Autonomous 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 three languages: Abkhaz, Georgian and Russian – “Abkhaz ASSR” and “Workers of the World, Unite!”

84. The flag of the Autonomous 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: AASSR.  The size 1:2.

85. Sukhum is the capital of the Autonomous Soviet Socialist Republic of Abkhazia.

7 January, 1935

(The Congresses of the Soviets of the USSR, Union and Autonomous Soviets Socialist Republics, vol. 6. The Congresses of the Soviets of the Union and Autonomous Soviets Socialist Republics of Transcaucasus, 1923-1937. M. 1964,  p. 766-781/in Russian)