CONSTITUTION OF THE AUTONOMOUS REPUBLIC of ABKHAZIA

CONSTITUTION

OF THE AUTONOMOUS REPUBLIC of ABKHAZIA

The Autonomous Republic of Abkhazia, guided by the Constitution of Georgia, its fundamental principles and universally recognised values, relying on the decisions taken by the international community with respect to the Autonomous Republic of Abkhazia, declaring, as the main goal, the restoration of the territorial integrity of Georgia in a peaceful manner within internationally recognised borders, proclaims the Constitution of the Autonomous Republic of Abkhazia.

CHAPTER ONE

General Provisions

Article 1 ‒ The status of the Autonomous Republic of Abkhazia

1. The Autonomous Republic of Abkhazia is an indivisible territorial unit of Georgia.

2. The authority in the Autonomous Republic of Abkhazia shall be exercised within the scope prescribed by the Constitution of Georgia, and this Constitution. All other legal acts of the Autonomous Republic of Abkhazia shall comply with the Constitution of Georgia, the legislation of Georgia and this Constitution. It shall be mandatory to comply with the legislation of Georgia in the territory of the Autonomous Republic of Abkhazia.

3. The territory of the Autonomous Republic of Abkhazia may not be changed without its consent.

4. The administrative-territorial division of the Autonomous Republic of Abkhazia shall be determined by the legislation of Georgia and the legislation of the Autonomous Republic of Abkhazia. The City of Sukhumi is the administrative centre of the Autonomous Republic of Abkhazia.

5. The official languages of Georgia in the Autonomous Republic of Abkhazia are Georgian and Abkhazian. Authorities of the Autonomous Republic of Abkhazia shall take care of the comprehensive development of the Georgian and Abkhazian languages.

6. The symbols of the Autonomous Republic of Abkhazia are established by the law of the Autonomous Republic of Abkhazia.

Article 2 ‒ Powers of the Autonomous Republic of Abkhazia

1. The Autonomous Republic of Abkhazia shall solve the matters falling within its governance in an independent manner, in accordance with the legislation of Georgia.

2. The powers of the Autonomous Republic of Abkhazia shall be determined by the Constitution of Georgia, this Constitution and other legislative acts.

3. The Autonomous Republic of Abkhazia shall exercise the powers, which, under the legislation of Georgia, do not belong to the scope of special powers of the state authority, and the implementation of which, under the legislation of Georgia, is not excluded from the scope of powers of the Autonomous Republic of Abkhazia.

CHAPTER TWO

The Supreme Council of the Autonomous Republic of Abkhazia

Article 3 ‒ The status of the Supreme Council

1. The Supreme Council of the Autonomous Republic of Abkhazia shall be the highest representative body of the Autonomous Republic of Abkhazia, which carries out legislative activities, controls the Government of the Autonomous Republic of Abkhazia and exercises other powers determined by the legislation of Georgia and the legislation of the Autonomous Republic of Abkhazia.

2. Procedures for functioning of the Supreme Council shall be determined by the Regulations of the Supreme Council, which shall be adopted by the Supreme Council by a majority of the total number of members of the Supreme Council on the initiative of a member of the Supreme Council, a committee or a faction. The Regulations shall have the force similar to the law of the Autonomous Republic of Abkhazia and it shall be signed and promulgated by the Chairperson of the Supreme Council.

Article 4 ‒ Chairperson and Deputy Chairpersons of the Supreme Council

1. The Supreme Council shall elect the Chairperson of the Supreme Council for a 5-year term in a manner prescribed by the Regulations, through secret ballot and by a majority of the total number of its members. The same person may be elected as the Chairperson of the Supreme Council only for two consecutive terms.

2. The Chairperson of the Supreme Council shall manage the activities of the Supreme Council, guarantee free expression of opinions, sign the acts adopted by the Supreme Council, and exercise other powers provided for by the Regulations. The Chairperson of the Supreme Council shall perform full administrative functions in a manner prescribed by the Regulations within the premises of the Supreme Council.

3. The Supreme Council shall elect the First Deputy and the Deputy of the Chairperson of the Supreme Council for a 5-year term through secret ballot and by a majority of the total number of its members in a manner prescribed by the Regulations.

Article 5 ‒ The Praesidium of the Supreme Council, committees and factions

1. In order to organise the functioning of the Supreme Council and exercise other powers provided for by the Regulations of the Supreme Council, the Praesidium of the Supreme Council shall be established, which shall be composed of the Chairperson of the Supreme Council, the Deputy Chairpersons of the Supreme Council, and the Chairpersons of the committees and factions of the Supreme Council.

2. Committees shall be established at the Supreme Council to prepare legislative issues beforehand, facilitate the implementation of decisions and ensure the exercise of control, by the Supreme Council, over activities of other bodies accountable to the Government and the Supreme Council. The Chairperson of the Committee shall be elected by the Supreme Council for a 5-year term by a majority of the total number of its members in a manner prescribed by the Regulations.

3. Members of the Supreme Council may join a faction of the Supreme Council in a manner prescribed by the Regulations. The number of the members of the faction shall not be less than five. Procedures for the establishment of the faction and for its activities, and its rights shall be determined by the Regulations of the Supreme Council.

Article 6 ‒ Temporary Commission of the Supreme Council

1. In the cases provided for by the Regulations of the Supreme Council, a Temporary Commission shall be established at the Supreme Council.

2. The factions of the Supreme Council shall be represented by at least one member in the Temporary Commission.

3. At the request of the Temporary Commission, it shall be mandatory for the representatives of the bodies of the Autonomous Republic of Abkhazia to attend its sitting, as well as to provide the documents and information necessary for the examination of issues.

Article 7 ‒ Questions and interpellations by members of the Supreme Council

1. A member of the Supreme Council shall be entitled to appeal with a question to the Government of the Autonomous Republic of Abkhazia, to another body accountable to the Supreme Council, and to a member of the Government. Providing a timely and full response to a question posed by a member of the Supreme Council shall be mandatory.

2. The faction of the Supreme Council and a group of at least five members of the Supreme Council shall have the right to pose a question through interpellation to the Government of the Autonomous Republic of Abkhazia, other bodies accountable to the Supreme Council, and a member of the Government, who is obliged to answer questions posed at the sittings of the Supreme Council. The answer may become a subject of discussion by the Supreme Council.

Article 8 ‒ Sessions and sittings of the Supreme Council

1. The Supreme Council shall meet in its official capacity for a regular session twice a year. The autumn session shall open on the first Tuesday of September and close on the third Friday of December, and the spring session shall open on the first Tuesday of February and close on the last Friday of June.

2. During the period between sessions of the Supreme Council, the Chairperson of the Supreme Council shall convene an extraordinary session at the written request of the Chairperson of the Government of the Autonomous Republic of Abkhazia, at least one third of a majority of the total number of members of the Supreme Council or at own initiative, and an extraordinary sitting in the course of a regular session. Unless an act of summoning is issued within 48 hours of submittal of a written request, the Supreme Council shall meet within the following 48 hours in accordance with its Regulations. In such a case, the sitting of the Supreme Council shall be chaired by the First Deputy or the Deputy of the Chairperson of the Supreme Council in a manner prescribed by the Regulations of the Supreme Council. An extraordinary sitting of the Supreme Council shall be held only with an agenda determined by its initiator and shall close once the agenda has been exhausted.

3. The sittings of the Supreme Council shall be public. By the decision of a majority of attendees, but with no less than one third of the total number of members of the Supreme Council, the Supreme Council shall declare a sitting or part of a sitting closed when discussing certain issues. The decision to close the sitting in whole or in part shall be discussed and taken behind closed doors. The minutes of open sittings of the Supreme Council shall be public.

4. Voting at a sitting of the Supreme Council may be open or secret. Voting shall be open, except for the cases provided for by the Constitution or legislative acts of the Autonomous Republic of Abkhazia.

5. A member of the Government of the Autonomous Republic of Abkhazia, an official accountable to the Supreme Council shall be entitled, or upon request, obliged to attend sittings of the Supreme Council, its Committee and Commission, in order to provide answers to questions raised during the sitting and to submit a report of activities performed. The Supreme Council, the Committee or the Commission shall hear such official immediately upon request.

Article 9 ‒ Law making and procedures for decision-making

1. The right of legislative initiative shall be conferred to: the Government of the Autonomous Republic of Abkhazia, a member of the Supreme Council, a faction of the Supreme Council, a committee of the Supreme Council, and not less than 7,000 citizens with voting right registered in the Autonomous Republic of Abkhazia.

2. A law shall be considered adopted if it is supported by a majority of the members present but at least one third of the total number of the members of the Supreme Council, unless another procedure for the adoption of laws is determined by this Constitution.

3. Other decisions of the Supreme Council shall be considered adopted if it is supported by a majority of the members present but at least one third of the total number of the members of the Supreme Council, unless another procedure for adopting laws is determined by this Constitution.

Article 10 ‒ Signature, promulgation and entry into force of a law

1. A law of the Autonomous Republic of Abkhazia shall be signed and promulgated by the Chairperson of the Government of the Autonomous Republic of Abkhazia in a manner prescribed by the legislation of Georgia and the legislation of the Autonomous Republic of Abkhazia.

2. The Chairperson of the Government shall be authorised to return the law with remarks to the Supreme Council. The Supreme Council shall put the remarks of the Chairperson of the Government to a vote, the adoption of which requires the same number of votes as for the adoption of law. If the Supreme Council rejects the remarks of the Chairperson of the Government, the initial version of the law shall be put to a vote in a manner prescribed by the legislation.

3. If the Chairperson of the Government does not sign the law within the time frame prescribed by legislation, it shall be signed and promulgated by the Chairperson of the Supreme Council.

CHAPTER THREE

Government of the Autonomous Republic of Abkhazia

Article 11 ‒ Government

1. The Government of the Autonomous Republic of Abkhazia is the supreme body of executive power of the Autonomous Republic of Abkhazia.

2. The Government shall be accountable to the Government of Georgia and the Supreme Council of the Autonomous Republic of Abkhazia.

3. The Government is composed of the Chairperson of the Government, the Deputy Chairperson of the Government and ministers.

4. A member of the Government shall not have the right to hold any other office except in a political party, to be engaged in entrepreneurial activities, or to receive remuneration for any other activity, except for academic and pedagogical activities.

5. The structure and the procedure for the activity of the Government shall be determined by a law of the Autonomous Republic of Abkhazia, the draft of which shall be submitted to the Supreme Council by the Government of the Autonomous Republic of Abkhazia.

Article 12 ‒ Chairperson of the Government

1. The Chairperson of the Government of the Autonomous Republic of Abkhazia shall be appointed and dismissed by the Supreme Council in agreement with the Government of Georgia in a manner prescribed by legislation. Together with the appointment of the Chairperson of the Government, the Supreme Council shall approve the composition of the Government of the Autonomous Republic of Abkhazia and the Government Programme.

2. The Chairperson of the Government of the Autonomous Republic of Abkhazia is the highest official of the Autonomous Republic of Abkhazia and represents the Autonomous Republic of Abkhazia.

3. The Chairperson of the Government of the Autonomous Republic of Abkhazia shall determine the main fields of activities of the Government, organise the activities of the Government, coordinate and control the activities of the members of the Government and sign the legal acts of the Government.

4. The Chairperson of the Government shall appoint and dismiss the Deputy Chairperson of the Government and the ministers.

5. In case of resignation of the Chairperson of the Government, the termination of his/her authority otherwise, or his/her absence and in other cases provided for by legislation, the Deputy Chairperson of the Government shall act as the Chairperson of the Government. In case of resignation of the Chairperson of the Government or termination of his/her authority otherwise, the Government shall continue to act until the new composition of the Government is approved.

6. The Chairperson of the Government shall be accountable for the activities of the Government before the Government of Georgia and the Supreme Council. He/she shall submit an annual progress report on the implementation of the Government Programme to the Supreme Council, and also, upon the request of the Supreme Council, a progress report on the implementation of an individual part of the Government Programme.

CHAPTER FOUR

The Budget and Property of the Autonomous Republic of Abkhazia

Article 13 ‒ The budget of the Autonomous Republic of Abkhazia

1. The Supreme Council shall adopt the Law on the Budget of the Autonomous Republic of Abkhazia by a majority of the total number of its members.

2. The Chairperson of the Government shall submit the draft budget to the Supreme Council. The draft budget for the following year shall be submitted to the Supreme Council not later than 2 months before the end of the current budget year. Together with a draft budget, the Chairperson of the Government shall submit a progress report on the execution of the budget for the current year.

3. If the Supreme Council does not adopt the draft budget, it shall be returned to the Chairperson of the Government with relevant remarks. Within 2 weeks, the Chairperson of the Government shall re-submit the draft budget with appropriate amendments to the Supreme Council.

4. If the Supreme Council does not adopt the budget by the beginning of a new budget year, the necessary budget expenses shall be covered in accordance with the budget of the previous year.

5. The Chairperson of the Government may request the Supreme Council to incur additional expenses if he/she specifies the source for covering such expenses.

6. Not later than 3 months of the end of the budget year, the Chairperson of the Government shall submit a report on the execution of the budget to the Supreme Council for approval.

7. The procedure for drafting and adopting the budget shall be determined by the legislative acts of Georgia and the Autonomous Republic of Abkhazia.

Article 14 ‒ The property of the Autonomous Republic of Abkhazia

The Autonomous Republic of Abkhazia shall have the property, the procedures for the formation and disposal of which shall be determined by the legislation of Georgia and the Autonomous Republic of Abkhazia.

CHAPTER FIVE

Adoption and Revision of the Constitution of the Autonomous Republic of Abkhazia

Article 15 ‒ Procedure for the adoption and revision of the Constitution of the Autonomous Republic of Abkhazia

1. The Constitution of the Autonomous Republic of Abkhazia shall be adopted and revised by a majority of not less than two third of the total number of members of the Supreme Council.

2. The Government, more than half of the total number of members of the Supreme Council and no less than 20,000 citizens with the voting right registered in the Autonomous Republic of Abkhazia shall have the right to submit a draft constitutional law.

3. A draft constitutional law shall be submitted to the Supreme Council, which shall make the draft public for nation-wide public discussions. The Supreme Council shall begin deliberations on the draft constitutional law 2 weeks after its publication.

Acting Chairperson

of the Government of the Autonomous Republic of Abkhazia

Ruslan Abashidze

21 November 2019

Tbilisi City

No 33-ს