CONSTITUTION (FUNDAMENTAL LAW) OF THE REPUBLIC OF SOUTH OSSETIA

Chapter 1. Political system

People of the Republic of South Ossetia, expressing their aspiration towards freedom and independence, determined to create a jural state, to establish civil peace and accord, to provide for the prosperity of the society, based on the sense of high responsibility before the present and the future generations, declaring the Republic of South Ossetia as a sovereign state and equal subject the world community of nations, adopts the given Constitution, Fundamental Law of our society and state.

Article 1. Republic of the South Ossetia is a sovereign democratic state, created as a result of the self-determination of the people of South Ossetia. It possesses the supreme power to determine and to carry out on its territory internal and external policy, to adopt the Constitution of the Republic of the South Ossetia and on its basis, the laws, possessing supremacy on the entire territory of the Republic of South Ossetia.

State language of the Republic of South Ossetia is the Ossetian language.

Article 7. The most important issues of the state life are submitted for the public discussion and are also subject to nation-wide voting (referendum).

Article 9. The earth and its interior, waters, flora and fauna, cultural heritage and religious monuments are the common property of the people of the Republic of the South Ossetia.

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Article 21. External policy of the Republic of the South Ossetia is based on:

- Striving towards universal and just peace, mutually beneficial and equal cooperation;

- Observing of universally recognized principles and norms of International Law;

- Being a member of international organizations and other associations, participating in their work;

- Entering the systems of collective security.

Article 22. The Republic of the South Ossetia is authorized to enter the union with other states and to transfer to the union organs implementation of the part of own competences.

Article 23. The Republic of the South Ossetia has the special relations with the Republic of the North Ossetia.

The border line between the North and the South Ossetia is of administrative character and must not impede ethnic, social, economic and cultural unity of the Ossetian people.

Article 24. Protection of sovereignty and territorial integrity of the Republic of the South Ossetia is considered among the fundamental functions of the state and is a high responsibility of every citizen.

II. State and Individual

Chapter 5. Citizenship of the Republic of the South Ossetia

Article 25. The Republic of the South Ossetia possesses own citizenship.

The basis and the procedure of receiving and ending the citizenship are stipulated by the Law on Citizenship of the Republic of the South Ossetia.

A citizen of the Republic of the South Ossetia cannot be extradited to the other state but for the basis of a law or an international agreement of the Republic of the South Ossetia.

A citizen of the Republic of the South Ossetia enjoys protection and patronage of the Republic of the South Ossetia beyond its borders.

III. State and administrative-territorial arrangement of the Republic of the South Ossetia

Article 55. The Republic of the South Ossetia determines its own state and legal status, decides issues of political, economic, social and cultural organization.

Article 56. Territory of the Republic of the South Ossetia is inviolable. The borders between the Republic of the South Ossetia and the other states are determined and changed by agreement.

Article 57. The Republic of the South Ossetia is composed of the following districts: Tskhinvali, Znauri, Java, Leningori and the city of the Republican subordination Tskhinval.

Article 58. The laws of the Republic of the South Ossetia are mandatory on the entire territory of the republic.

Article 59. The State Nikhas of the Republic of the South Ossetia, Local Nikhases city, district, settlement and village Nikhases compose a unified system of the representative organs of state power of the Republic of the South Ossetia.

Article 60. Term of office of Nikhases is 5 years.

Elections of deputies are assigned not later than two months before the expiration of the term of office of the respective Nikhases.

Article 76. The supreme organ of the state power of the Republic of the South Ossetia is State Nikhas of the Republic of the South Ossetia.

State Nikhas of the Republic of the South Ossetia is a legislative and controlling organ of state power of the republic.

The exclusive competencies of State Nikhas of the Republic of the South Ossetia are the following:

1) Adoption of the Constitution of the Republic of the South Ossetia, introducing amendments and additions to it;

2) Determination of internal and external policy of the Republic of the South Ossetia;

3) Adoption of the decisions on the issues of national-state arrangement, establishment of the mode of organization and activities of the republican and local organs of power and administration; determination of general legal framework of creation and activities of the republican public institutions;

5) Adoption of the prospective state plans and basic republican programs of economic and social development of the Republic of the South Ossetia; adoption of state plans of economic and social development of the republic, of the state budget of the republic, exercising control over the implementation of the plan and of the budget; endorsement of reports on their execution; in case of necessity, introducing amendments to the plan and to the budget.

7) Definition of revenues, incoming for the creation of the state budget of the republic;

8) Election of the Chairman of State Nikhas of the Republic of the South Ossetia;

9) Election of the first deputy and deputies of the Chairman of State Nikhas of the Republic of the South Ossetia;

11) Election of the Chairman of the Council of Ministers of the Republic of the South Ossetia, on his submitting, approval of the composition of the Council of Ministers of the Republic of the South Ossetia, introducing amendments to it on the proposal of the Council of Ministers of the Republic of the South Ossetia, creation and abolition of ministries and state committees of the Republic of the South Ossetia;

12) Decision of issues of confidence to the Government of the Republic and to the members of the Government;

13) Election of the Constitutional Court of the Republic of the South Ossetia;

14) Election of the Supreme Court of the Republic of the South Ossetia, election of judges of district (city) Peoples Courts;

15) Assignment of the Prosecutor of the Republic and of his deputy, election of Chairman and judges of the Arbitrage Court of the Republic of the South Ossetia;

17) Adoption of the decision of organizing the republican nation-wide voting (referendum);

18) Assignment of elections of deputies of State Nikhas of the Republic of the South Ossetia; approval of the composition of the Central Election Commission on elections of deputies of State Nikhas of the Republic of the South Ossetia;

20) Review of issues of guaranteeing constitutional rights, freedoms and responsibilities of citizens of the republic and equality of all the nationalities, residing on the territory of the Republic of the South Ossetia;

21) Decision of issues of development of national culture and language and protection of historic monuments;

22) Interpretation of laws of the Republic of the South Ossetia;

23) Approval of state rewards and introduction of honorary titles of the Republic of the South Ossetia;

24) Formation of state organs, necessary for the settlement of emergent issues.

State Nikhas of the Republic of the South Ossetia:

- Declares as void decrees and resolutions of the Presidium of State Nikhas of the Republic of the South Ossetia, orders of the Chairman of State Nikhas of the Republic of the South Ossetia, resolutions and orders of the Council of Ministers of the republic of South Ossetia;

- Declares as void decisions of city and district Nikhases in case if they are not in compliance with the Constitution and laws of the republic of South Ossetia;

- Decides other issues that are under the competence of the republic of South Ossetia.

State Nikhas of the Republic of the South Ossetia adopts laws of the republic of South Ossetia and resolutions.

State Nikhas of the Republic of the South Ossetia implements control over the activities of all the organs accountable to it.

Article 77. State Nikhas of the Republic of the South Ossetia is composed of 41 deputies.

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Article 82. Presidium of State Nikhas of the Republic of the South Ossetia is an organ accountable to State Nikhas of the Republic of the South Ossetia, providing for organization of work of State Nikhas of the Republic of the South Ossetia and realizing other competencies, envisaged by Constitution and laws of the republic of South Ossetia.

The Presidium of State Nikhas of the Republic of the South Ossetia is consisting of: Chairman of State Nikhas of the Republic of the South Ossetia, First Deputy Chairman of State Nikhas of the Republic of the South Ossetia, Deputy Chairman of State Nikhas of the Republic of the South Ossetia, Chairmen of Standing Committees and Commissions of State Nikhas of the Republic of the South Ossetia.

The Presidium of State Nikhas of the Republic of the South Ossetia is headed by Chairman of State Nikhas of the Republic of the South Ossetia.

Article 83. Presidium of State Nikhas of the Republic of the South Ossetia:

1)                 Assigns elections of State Nikhas of the Republic of the South Ossetia;

2)                 Convenes sessions of State Nikhas of the Republic of the South Ossetia;

9) Declares as void resolutions and orders of the Council of Ministers of republic of South Ossetia in case if they are not in compliance with Law;

10) Defines military titles, diplomatic ranks and other special ranks; grants high military titles, diplomatic ranks and other special ranks;

11) Assigns orders and medals of the republic of South Ossetia; Decorates with orders and medals of republic of South Ossetia; confers the honorary ranks of republic of South Ossetia;

13) Accepts citizenship of republic of South Ossetia; decides issues of expatriating and depriving of citizenship of republic of South Ossetia and on granting asylum;

14) Promulgates republic-wide acts on amnesty and carries out pardoning;

15) Creates Council of Defense of the Republic of South Ossetia and approves it membership, appoints and dismisses chief commanders of the armed forces of the Republic of South Ossetia;

16) Declares, in the interests of defense of the Republic of South Ossetia, martial law in specific locations or on the entire territory of the republic;

17) Declares full or partial mobilization;

18) In the period between the sessions of State Nikhas of the Republic of South Ossetia declares state of war in case of aggression against the Republic of South Ossetia or in case of necessity to realize obligations, stipulated by international agreements on mutual defense from the aggression.

Article 84. Presidium of State Nikhas of the Republic of South Ossetia in the period between the sessions of State Nikhas, submitting later for its approval at the next session:

1) Introduces, in case of necessity, amendments to the enforced legislative acts of the Republic of South Ossetia;

2) On the proposal of the Council of Ministers of the Republic of South Ossetia creates and abolishes ministries and state committees of the Republic of South Ossetia;

3) On the submission of Chairman of the Council of Ministers of the Republic of South Ossetia, dismisses from official positions and appoints specific persons, members of the Cabinet of Ministers of the Republic of South Ossetia.

Article 85. Chairman of State Nikhas of the Republic of South Ossetia is the supreme official of the Republic of South Ossetia and represents it in internal and external relations.

Chairman of State Nikhas of the Republic of South Ossetia is elected by State Nikhas of the Republic of South Ossetia out of deputies of State Nikhas of the Republic by secret ballot for the term of five years and no more than by two consecutive terms.

He may be recalled by secret ballot at any time by State Nikhas of the Republic of South Ossetia.

Article 124. State Emblem of Chairman of the Republic of South Ossetia represents a circle and in the upper part of it is depicted a thicket with rising sun disc and rays, in the form of Ossetian ornament. The disc is represented in the form of white-red-yellow national flag and in the center of the circle is depicted an eagle with its wings up in the frame of wheat ears and branches of hop. Inside the circle is a script in Ossetian and Russian languages: The Republic of South Ossetia.

Article 125. National flag of Chairman of the Republic of South Ossetia represents a rectangular cloth, made of the three equal size colour stripes: upper stripe is white, middle one is red and lower stripe is yellow.

Proportions of the width of the flag versus are length is 1:2.

Article 126. National Anthem of Chairman of the Republic of South Ossetia is approved by the Presidium of State Nikhas of the Republic of South Ossetia.

Article 127. Capital of Chairman of the Republic of South Ossetia is a city of Tskhinval.

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November 2, 1993.

(Newspaper The Youzhnaia Ossetia, No 132-133, December 8, 1993)