THE CONSTITUTION
(ORGANIC LAW) OF THE REPUBLIC OF SOUTH OSSETIA
adopted at the public referendum of the of the republic of South Ossetia on 8 April 2001
(…)
Article 1.
1. The Republic of South Ossetia is
a sovereign democratic state based on law, which has been established by the
right of nation to self-determination.
2.
The sovereignty bearer and sole source of authority in the Republic of South Ossetia
shall be its people.
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Article 2.
1.
The Constitution of the Republic of South Ossetia shall have a superior legal force and direct effect.
2.
The laws and other legal acts that do not comply with the Constitution,
are unlawful and legally void.
Article 3.
1.
The Republic of South Ossetia independently determines its legal status, decides the political,
economic, social and cultural issues.
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3.
The territory of the Republic of South Ossetia is inviolable and inalienable.
Protection of sovereignty and territorial integrity is the most
important function of the state.
4. The territory, status and the borders of the Republic of South Ossetia
shall not be changed without consent of the people.
Article 4.
1. The official language of the Republic of South Ossetia is
Ossetian language. The state authorities
of the Republic of South Ossetia are responsible to secure and develop Ossetian language.
2.
The Russian language, equally with the Ossetian language, and at the places of
compact settlement of Georgians - the Georgian language shall be recognized as
a language of State and other institutions.
Article 8.
1. The Republic of South Ossetia establishes its relations
with the Republic of North Ossetia-Alania on the basis of ethnic, national,
historical-territorial unity and social-economic integration.
Article 10.
1. The Republic of South Ossetia is authorized to enter in
alliance with other states and delegate to the Union organs the part of its
authority.
Article 11.
1. The foreign policy of the Republic of South Ossetia
shall be based on the following principles:
2.
Striving for common and just peace;
3.
Mutual-beneficial cooperation;
4.
Joining the collective security systems;
5.
Membership of international organizations and other unions;
6.
Universally recognized principles and international norms, as well as
international treaties of the Republic of South Ossetia
shall be the basis of relations with other states.
Article 16.
1. The Republic of South Ossetia
shall have its own citizenship.
3.
Double-citizenship is admissible in the Republic of South Ossetia.
Article 17.
The Republic of South Ossetia
shall have its own symbols - a national flag, a National Emblem, and a national
anthem, the description of which shall be established by constitutional laws.
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Article 18.
The Republic of South Ossetia
recognizes and secures human rights and freedoms of citizens pursuant to the
universally recognized principles and norms of international law and in
compliance of this Constitution.
Article 47.
1.
The President of the Republic of South Ossetia is the Head of State and the Head of executive power.
2.
The President of the Republic of South Ossetia shall observe the Constitution of the South Ossetia, rights and freedoms of
citizens. He shall ensure the state
sovereignty, security and territorial intergrity. He shall ensure, by his arbitration, the
proper functioning of the public authorities and their poroper interaction.
3.
The President of the Republic of South Ossetia shall determine domestic and foreign policy of the state in compliance
with the Constitution and other laws of the South
Ossetia.
4.
The President of the Republic of South Ossetia, as the Head of State, represents the Republic in the country and at
international levels.
Article 48.
Any
citizen of the Republic of South Ossetia can be elected President who is not
younger than 35 has the right to vote, is eligible to be elected, knows the
state language and lives on the territory of South Ossetia not less than 10
years.
Article 50.
The
President of the Republic of South Ossetial:
1.
Exercises general guidance of the internal and foreign policy;
3. Approves the structure of the Government of the Republic of South Ossetia;
4. Appoints the Chairman of the Government of the Republic of South Ossetia
upon the consent of the Parliament of the South
Ossetia and dismisses him/her informing the Parliament
of the South Ossetia;
6.
Appoints and dismisses the members of Government of the Republic of South Ossetia and
the heads of state agencies.
7.
Appoints and dismisses the heads of administrations of cities and districts
upon the consent of relevant Councils of Deputies;
18. Leads negotiations and Sign inter-state and
international treaties and agreements;
25. Forms and leads the Security Council;
26. Approves the
military doctrine of the Republic of South Ossetia;
27. Is the Commander-in-Chief of the Military
Force of the Republic of South Ossetia;
28.
Appoints and dismiss supreme commanders of the military forces of the Republic of South Ossetia...
Article 56.
The
Parliament of the Republic of South Ossetia is the Supreme Representative and legislative organ of the Republic of South Ossetia.
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Article 64.
The
parliament of the Republic of South Ossetia:
17.
Ratifies and denounces international Agreements of the Republic of South Ossetia;
18.
Approves the decision on dislocation of military formations of other states on
the territory of the South Ossetia.
Article 73.
1.
The Government of the Republic of South Ossetia is the supreme corporate state organ of the unified system of executive
power in the Republic of South Ossetia.
2.
The Government of the Republic of South Ossetia comprises: the Chairman of the Government, the Deputy Chairmen of the
Government, Ministers, Chairmen of the State
Committees and the Committee of State Security of the Republic of South Ossetia. as well as the heads of Administration of the President and the Government.
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Article 77.
1.
The justice in the Republic of South Ossetia is exercised solely through the Courts.
2.
The justice is exercised through the constitutional, arbitrage, civil,
administrative and criminal court proceedings.
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Article 82.
1. The
control over the compliance of the laws and other legal acts of the Republic of South Ossetia
with the Constitution of South Ossetia is exercised by the Constitutional Court
of the Republic of South Ossetia.
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Article
86.
1.
The Procuracy of the Republic of South Ossetia, on behalf of the state, performs capital prosecution, supervises
unified and exact application of the laws, Presidential Decrees and other
normative legal acts on the whole territory of the Republic of South Ossetia.
2.
The prosecutors offices of the Republic of South Ossetia is
one, centralized system subordinating inferior prosecutors to the Prosecutor
General of the Republic of South Ossetia.
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8
April 2001
(Newspaper “Youzhnaia Ossetia”, # 33, 21 April
2001)