THE REGIONALISM RESEARCH CENTRE
REGIONAL CONFLICTS IN GEORGIA – THE AUTONOMOUS OBLAST OF SOUTH OSSETIA, THE AUTONOMOUS SSR OF ABKHAZIA (1989-2006).
THE COLLECTION OF POLITICAL-LEGAL ACTS
Author
Tamaz Diasamidze
Translator and Editor
Nana Chkoidze-Japaridze
The collection was prepared and published by the financial
support of “Open Society - Georgia Foundation”and of the Delegation of European Commission to Georgia and Armenia
Tbilisi
2006
The author of this collection is immensely grateful to the Ministry of Foreign Affairs of Georgia, the Staff of the Ministry of Special Affairs, the National Library of Georgia, the Archive of the Parliament of Georgia, the Central State Archive of the Recent History of Georgia, the OSCE Mission to Georgia, the Office of Special Representative of the UN Secretary-General to Georgia, the Supreme Council of the Abkhaz Autonomous Republic (in exile), the State Library of the Russian Federation, and the Scientific Library of the Republic of North Ossetia for rendering support in the course of preparation of this collection.
The Regionalism Research Centre owes a special thanks to the “Open Society - Georgia Foundation” for making possible to prepare and publish this Collection.
© The Collection has been prepared and published by the Regionalism Research Centre
The Regionalism Research Centre will be very grateful to any comments
or proposals regarding the Collection.
© All rights reserved
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ISBN 99928-21-03-5
This is the second, completed edition of collection issued by us in May 2003 under the same title. The second edition has been enriched by 210 new documents and its chronological area has been expended to 2006.
The collection is composed of 586 most important political-legal acts arranged in chronological order reflecting the process of conflicts in the Autonomous Oblast of South Ossetia and the Autonomous Republic of Abkhazia in 1989-2006 and activities directed at finding solutions to these conflicts. These documents are:
1. Acts issued by the Authorities of autonomous regions, aimed at regionalisation, political decentralization, cessation from the State with a view of further strengthening the sovereignty of these regions;
2. Acts issued by the Georgian Authorities and Governmental organs, aimed at strengthening the State sovereignty and territorial integrity of Georgia;
3. Decisions and resolutions made by States (the USSR, RSFSR, RF, Subjects of Rf, USA) and international and regional organizations (the UN, OSCE, Council of Europe, European Union, CIS);
4. Bilateral and multilateral agreements related to settlement of the conflicts;
5. Other important documents related to the aforementioned problems.
Many documents presented in the collection have been subjected to minor abbreviations-emphasis has been put on those articles, chapters and paragraphs that most clearly and potently reflect the major goal of the collection and the essence of the documents themselves.
The principle goal of the collection is to make available for the international community the political-legal information (knowledge) relating to and reflecting regional conflicts existing in Georgia; to provide unbiased and comprehensive coverage of the developments of conflicts unfolded in these two regions of Georgia and conflict settlement process, result of those steps to that direction, undertaken by the Sides to the conflicts and regional and international organizations.
This edition, which does not claim do be perfect, is expected to promote and contribute to the process of creation of appropriate and correct public opinion about the conflicts and help the process of making just and effective decisions aimed at the conflicts’ settlement.
Tamaz Diasamidze
1989
DECREE # 343 ISSUED BY THE COUNCIL OF MINISTERS OF THE GEORGIAN SSR
1. Due to the extraordinary situation established at Abkhaz State University, to comply with the request of Georgian professors, lecturers and students regarding establishment of Sukhumi branch of Tbilisi State University.
2. To entrust the Council of Ministers of the Abkhaz ASSR (Autonomous Soviet Socialist Republic - edit.) with a task of providing the premises to the branch.
3. To ask the Rector of Tbilisi State University Comr. (Comrade - the Soviet Stile to address a person - edit) N.S. Amaglobeli for arrangement the branch and renewal of the educational process at all faculties from 15 May of this year.
4. To entrust the Ministry of Education of the Georgian SSR with the task of exercising efficient control on the implementation of all raised issues.
Deputy Chairman of the Council of Ministers of the Georgian SSR O. Kvilitaya
Tbilisi, 14 May 1989
(Abkhaz Issue in Official Documents, Legislative and Executive organs of Georgia, International Organiza-tions, 1989-1999, part I, 1989-1995, authors: Vakhtang Kholbaia, Teimuraz Chakhrakia, Rafiel Gelantia, David Latsuzbaia, Tb., 2000, p. 51/in Georgia)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on substantive exacerbation of the inter ethnic relations in the Abkhaz ASSR on account of unlawful attempt to establish Sukhumi branch of Tbilisi State University
The Presidium of the Supreme Council of the Abkhaz ASSR notes that continuation of existence temporarily established Sukhumi branch of Tbilisi State University (TSU) evoked firm protest of a wide public and substantively exacerbated inter-ethnic relations in the autonomous republic.
Abkhaz Obcom (Oblast /District/ Committee -edit) of the Communist Party of Georgia, the Presidium and the Council of Ministers of the Abkhaz ASSR, assessing the established situation as extremely complicated, fraught with unpredictable consequences, have appealed to the leadership of Party and Soviet organs of the Union Republic (The Soviet Socialist Republic in the USSR -edit.) and the Country (the USSR - edit) with request to suspend the operation of the TSU branch established through separation of Georgian sector from A. Gorkiy Abkhaz State University (AGU) that will adversely affect to the educational process of the students and centuries-old Georgian and Abkhaz friendship, as well as representatives of other nationalities, those who live and work in peace on the Abkhaz soil.
Meanwhile the Party and Soviet organs of the autonomous republic have taken several steps to unite the separated Georgian sector with the AGU.
Thus, on 26 June of this year the Abkhaz Obcom of the Communist party of Georgia, Presidium of the Supreme Council and Council of Ministers of the Abkhaz ASSR discussed the issue on worsening of public and political situation in the Abkhaz ASSR on account of the condition established at Abkhaz State University. It was noted that against the background of complicated public and political situation in the autonomous republic, the separation of Georgian sector from AGU and establishment of Sukhumi branch of Tbilisi State University became the most pressing problem. That was a forcible measure taken last May due to extraordinary situation established at AGU and in the autonomous Republic. The Decree stresses: division of Abkhaz State University is inadmissible in respect to education of students and youth in the spirit of internationalism. Here also is mentioned that the measures undertaken by Party and Soviet organs of Abkhazia had failed to stabilize the situation. The adopted Decree raised the issue before the Central Committee of the Communist Party of the Georgian SSR, Presidium of the Supreme Council and Council of Ministers of the Georgian SSR to assist in immediate regulation of the situation in order to unite the State University.
However, these attempts turned into futile effort as they were discouraged by the erroneous Decree #343p of 14 May 1989 issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR on establishment of Sukhumi branch of Tbilisi State University and also by the Order #101 of 14 May 1989 of the Rector of TSU.
In the meantime the society has learnt from press and official correspondence that in May of this year the Committee on State Education of the USSR has got a proposal from the Ministry of Education of the Georgian SSR concerning establishment of Sukhumi branch of Tbilisi State University on the basis of Georgian sector at AGU. The branch was aimed at educating of Georgian students. However the Committee on State Education of the USSR found inexpedient to support the proposal of the Ministry of Education of the Georgian SSR on establishment of Sukhumi branch of Tbilisi State University. Moreover, pursuant to the Resolution, #816 of the Council of Ministers of the USSR of 2 September 1982 – the issue on establishment of branches of the high-education institutions is exclusively within the competence of the Council of Ministers of the USSR.
The similar assessment has been done to the establishment of branch of Tbilisi State University by the Commission of the Supreme Council of the USSR, comprising of four People’s Deputies of the USSR, which studied the issue in Abkhazia from 3 to 10 of July of 1989. The First Deputy Chairman of the Committee on State Education also was included in the Commission. Having examined carefully the situation at AGU the commission released the following conclusion: “The Decree issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR on establishment of Sukhumi branch of Tbilisi State University can be considered as an interim measure to handle educational process. Today this measure has become outdated and practically hinders the educational process, discourages the strengthening of inter-ethnic relations and moreover, pursuant to the regulation - the final decision on such issues is within the authority of the Council of Ministers of the USSR. The Commission officially informed the leadership of the Georgian SSR about its position ”. The Supreme Council of the Abkhaz ASSR considers that lack of consultation with the leading organs of the Abkhaz ASSR and transparency (“glasnost”), overt negative political, social and economic aspects of the decision on establishment of Sukhumi branch on the basis of Abkhaz State University –is an alien ideology to the Lenin’s policy of the Communist party of the USSR. Such policy leads into secluded and separated society that doesn’t correspond to the spirit of Perestroika and reforms.
The Presidium of the Supreme Council notes that the practice of neglecting the constitutional rights of the Abkhaz ASSR tolerated by certain officials of the Council of Ministers and Ministry of Public Education of the Georgian SSR and also by the rector of Tbilisi State University came to glaring contradiction with the provisions of the Resolution of the Congress of the People’s Deputies of the USSR “on Major Directions of Internal and Foreign policy of the USSR”. Aforementioned officials not only breached the state order, but completely ignored the noted Decree of the Supreme body of the State power that reads: “Qualitative renewal of the whole educational system is a key priority to the promotion of intellectual potential of the society”.
The Presidium of the Supreme Council of the Abkhaz ASSR cannot accept such separatist acts and condemns the of the part of AGU personnel aimed at establishment of the branch of Tbilisi State University on the basis of Abkhaz State University as well as epatage conduct of citizens regardless their ethnic affiliation. It’s inadmissible when practical, reasonable and peaceful dialog is replaced with wretched trick and conduct that deteriorates common norms and rules and destabilizes operation of enterprises, institutions and organizations.
In this strained situation fraught with serious inter-ethnic conflict, the Presidium of the Supreme Council finds inadmissible the establishment of the branch of Tbilisi State University in Sukhumi and considers that the Decree issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR shall be abolished.
The Presidium of the Supreme Council of the Abkhaz ASSR decrees:
1. To ask the Council of Ministers of the USSR to entrust the Council of Ministers of the Georgian SSR with the following tasks:
- to annul unlawful decree issued by the First Deputy Chairman of the Council of Ministers of the Georgian SSR O. Kvilitaia # 343p of 14 May 1989 on establishment of Sukhumi branch of Tbilisi State University;
- to recall unlawful proposal of the Ministry of Public Education of the Georgian SSR sent in May last year to the Committee of the State Education of the USSR on establishment of Sukhumi branch of Tbilisi State University on the basis of Georgian sector of Abkhaz State University;
- to annul Order #101 of 7 July 1989 issued by the Rector of Tbilisi State University, academician N. Amaglobeli on arrangement in Tbilisi of entrance examinations for Sukhumi branch of Tbilisi State University on 20 July;
II. City and district councils of the People’s deputies, labour collectives, press and media and administrative agencies shall carry out decisive measures to stabilize the situation and prevent the breach of work and public order, as well as confrontation between different nationalities; They shall base the informational activity on the Resolution of the Congress of People’s Deputies of the USSR “on Major Direction of the Internal and Foreign Policy of the USSR” and the speech delivered by the Secretary General of the Central Committee of the Communist Party of the USSR, Chairman of the Supreme Council of the USSR M.S. Gorbachev on Central TV that was published in press on 1 July of this year.
III. This Decree shall be sent to the Central Committee of the Communist party of the Georgian SSR, the Presidium of the Supreme Council and the Council of Ministers of the Georgian SSR; the Decree shall be published in press.
Chairman of the Presidium of the Supreme Council of the Abkhaz SSR V. Kobakhia
Secretary of the Presidium of the Supreme Council of the Abkhaz SSR Y. Kvitsinia
15 July 1989
(Chumalov M.Y. Abkhazskiy Uzel, II issue, M., 1995, p. 190-193)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on events in the Abkhaz ASSR
Deeply concerned at the situation established in Abkhazia, the Supreme Council of the USSR decrees:
To entrust the Council of Ministers of the Georgian SSR, Council of Ministers of the Abkhaz ASSR, the Ministry of Interior of the USSR with the task of taking immediate and decisive measures in order to restore the public order and secure socialist lawfulness and firm protection of the population.
The Supreme council of the USSR offers to the People’s Deputies of the USSR from the Georgian SSR and Abkhaz ASSR to call on their constituencies to the restoration of public order by peaceful means respecting the principles of internationalism and friendship of the Soviet Peoples.
The Supreme Council of the USSR recognizes as necessary the immediate restoration of traffic along the Transcaucasus railway in order to remove critical conditions hampering supply of the population, sustainable operation of enterprises and institutions and delivery of tourists to the holiday centers.
The Supreme Council of the USSR appeals to all citizens residing on the territory of the Abkhaz ASSR – Abkhazs, Georgians, and other nationalities to facilitate the process of stabilization, establish peace and trust and make possible to live and work peacefully.
Chairman of the Supreme Council of the USSR M. Gorbachev.
17 July 1989
(Bulletin of the Peoples’ Deputies Congress of the USSR and the Supreme Council of the USSR, M., 1989, # 7, p. 257)
DECREE ISSUED BY THE CENTRAL COMMITTEE OF THE COMMUNIST PARTY OF GEORGIA, THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR AND THE COUNCIL OF MINISTERS OF THE GEORGIAN SSR on the State Programme of the Georgian Language
The Central Committee of the Communist Party of Georgia, the Presidium of the Supreme Council of the Georgian SSR, and the Council of Ministers of the Georgian SSR decree:
1. To endorse the elaborated and supported by the wider society the State Programme of the Georgian Language.
2. To entrust all the Party, Soviet, economic, administrative and societal organizations of the Republic with a task of ensuring full and timely implementation of all measures envisaged by the State Programme of the Georgian Language.
3. Within two months, all organizations to be engaged in the implementation of the aforementioned Programme shall elaborate and submit concrete proposals to the Council of Ministers of Georgia, as well as timetable of implementation of those proposals.
4. To entrust the Secretariat of the Central Committee of the Communist Party of Georgia, the Presidium of the Supreme Council of the Georgian SSR and the Council of Ministers of the Georgian SSR with a task of exercising control over the implementation of this decree.
Secretary of the Central Committee of the Communist Party of Georgia G. Gumbaridze
Chairman of the Presidium of the Supreme Council of the Georgian SSR O. Cherkezia
Chairman of the Council of Ministers of the Georgian SSR N. Chitanava
15 August 1989.
(Newspaper “Comunisti”, # 196, 25 August 1989)
The State Programme of the Georgian Language
Constitutional Status of the Georgian Language
1. To guarantee the Constitutional status of the Georgian language, as of the State language, in all Party, Soviet, administrative, scientific-educational, cultural, economic enterprises, and societal organizations of the Georgian SSR.
2. To set up a commission that shall be entrusted with a task of exercising control over proper application and functioning of the Georgian language, as of the State language, and shall be attached to the Supreme Council of the Georgian SSR.
3. To set up a permanent State Commission on Georgian Literary Language that shall be entrusted with a task of exercising control over proper functioning of the Georgian literary language and protect its purity and shall be attached to the Council of Ministers of the Georgian SSR. The Commission shall work out effective measures aimed at introducing of norms of the Georgian literary language.
4. To set up a supervisory and consultative commissions on proper application and protection of purity of the Georgian language in all cities, towns and regional centers. The Commission shall be attached to local executive committees of the Peoples’ Deputies.
5. To secure and organize the creation and publication of all types of scientific and educational literature (including dissertation papers) in Georgian language.
6. To create favorable conditions in all enterprises and establishments (financial and educational-methodological provision) for learning Georgian language by those citizens residing in Georgia that have no command of Georgian. Georgian.
( …)
III. Teaching of the Georgian Language and Literature in Pre-School Establishments, Secondary Schools and Institutions of High Education.
1. To work out special programme of oral Georgian for all age groups of pre-school establishments and publish adequate literature and demonstrative materials in Georgian language.
2. To create revised Georgian language educational programme, curriculum and textbooks for those Pedagogical institutions and special colleges providing training for future teachers of pre-school establishments.
5. To work out a unified plan of step-by-step teaching of the Georgian language in the 1-11th grades of the secondary schools (writing skills and speaking, phonetics, basics of the Georgian grammar, basics of stylistics and vocabulary of Georgian language, and main principles of linguistic theory).
7. To set up special studies of Georgian language and literature in all secondary schools, vocational and secondary-special educational establishments of the Republic and supply these studies with the most recent scientific and pedagogical literature and textbooks.
8. To set up faculties of Georgian language and literature in all high education establishments of Georgia and introduce survey course of the spoken Georgian language and history of the literary Georgian language for all students.
9. To introduce mandatory written and oral exams in Georgian language for those high-school entrants seeking studentship in humanitarian faculties of high education institutions of the Republic. To introduce mandatory written exam in Georgian language and literature for those high-school entrants seeking studentship in the Art Academy, theatrical institutions and conservatoire, as well as for those who seek studentship of scientific and technical faculties.
13. To work out concrete proposals on introduction of mandatory classes of Georgian language in non-Georgian schools of the Republic.
14. To introduce the courses of practical stylistics and history of literature of the Georgian language into the non-Georgian sectors of philology faculties of the high education establishments of the Georgian SSR.
23. To set up special training courses of Georgian language for those who are interested in learning the Georgian language. Those courses shall be attached to different cultural-educational establishments (clubs, libraries) and shall be provided with teachers of high qualification.
IV. Radio, Television and Cinematography
4. In order to secure replication in Georgian language of non-Georgian language programmes (analytical programmes, talk shows, feature movies) it is vital to further strengthen material-technical base of the Georgian TV and Radio.
5. To create educational films in Georgian language for the high education establishments and secondary schools of the Republic and secure replication in Georgian language of the Russian-language films.
6. To further strengthen material-technical base of the cinema studio “Georgian Film” in order to secure creation of Georgian subtitles to Russian and foreign language films.
VIII. Printing materials
4. To print and publish dictionaries and phrase books (Russian-Georgian and Georgian-Russian, Abkhaz-Georgian and Georgian-Abkhaz, Ossetian-Georgian and Georgian-Ossetian, … Armenian-Georgian and Georgian-Armenian, Azerbaijani-Georgian and Georgian-Azerbaijani).
20. To print for those willing to learn Georgian manuals for self-tuition.
X. Daily life and Information sphere
1. To secure wide and maximum application of the Georgian language in a daily life and mass media.
2. To issue in Georgian language for wide-spread application all forms, slips, work sheets, receipts, subscription forms, stubs, tickets, advertisement boards, labels, price-tags, placards, posters, mottoes, envelops, dispatch forms, invitation and congratulation post-cards, calendars, identification card; note-books, booklets; advertisement and memorable leaflets; invitation cards.
3. To guarantee that all products produced in Georgia have Georgian- language application instructions.
4. To exercise control on labeling all products produced in Georgia.
(…)
15 August 1989.
(Newspaper “Comunisti”, # 196, 25 August 1989)
DECREE ISSUED BY THE SOUTH OSSETIAN OBLAST COMMITTEE OF THE COMMUNIST PARTY OF GEORGIA AND ISPOLCOM OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF 4 SEPTEMBER 1989 on State Programme for Development of the Ossetian Language
The South Ossetian Obcom of the Communist Party of Georgia and the Ispolcom of the People’s Deputies of the Oblast decree:
1. To endorse the elaborated and supported by the wider society of the Oblast the state programme for development of the Ossetian language.
2. To entrust all the Party, Soviet, economic, administrative and societal organizations of the Oblast with a task of ensuring full and timely implementation of all measures set out in the programme of development of the Ossetian language.
3. Within two months, all organizations to be engaged in the implementation of the aforementioned Programme shall elaborate and submit concrete proposals to the Ispolcom of the Oblast Council of the People’s Deputies, as well as timetable of implementation of those proposals.
4. To raise the issue before the Central Committee of the Communist Party of Georgia, Presidium of the Supreme Council and the Council of Ministers of the Georgian SSR on consideration the relevant changes in the paragraph 1 of the State Programme of Development of the Georgian language pursuant to the law of the Georgian SSR “on the South Ossetian Autonomous Oblast” and the programme of development of the Ossetian language, and also on non-proliferation the Paragraphs 9 and 14 over the university entrants from the South Ossetian Autonomous Oblast.
5. To introduce for discussion the state programme on development of the Ossetian language to the Session of the Oblast Council of the people’s Deputies.
6. The secretariat of the Obcom and Ispolcom of the Oblast Council of People’s Deputies shall exercise the control on the implementation of this Decree.
Secretary of the South Ossetian Obcom of the communist party of Georgia A. Chekhoev
Chairman of the Ispolcom of the Oblast Council of the People’s Deputies A. Kachmazov
4 September 1989
(Newspaper “Sovetskaia Ossetia”, # 170, 5 September 1989)
State programme for development of the Ossetian language
I. Constitutional status of the Ossetian language
1. In the South Ossetian Autonomous Oblast state languages are Ossetian, Georgian and Russian, as the language for international relations. To activate the functioning of the Ossetian language within the Party, Soviet, administrative, scientific, educational and economic organizations, enterprises and institutions of the Oblast.
2. To set up standing committee on the Ossetian Language attached to the Oblispolcom…
3. To assist in arrangement of the education in native language for the Ossetian population residing outside of the Oblast. Where such practice is not possible, the teaching of Ossetian language and literature shall be considered as a separate school-subject. In order to implement the aforementioned measures, the staff of experts on the Ossetian language and literature shall be considered at the divisions of the public education of concerned districts and cities of the Georgian SSR.
6. To set up committees on consultations and exercising the control on the functioning of the state programme for the development of the Ossetian language attached to the city and district Ispolcoms of the Councils of People’s Deputies.
III. Teaching of the Ossetian language to the Ossetian children at pre-school establishments.
1. To shift the educational process at pre-school establishments in Ossetian language for the children of Ossetian nationality.
7. To conduct step-by-step transition of teaching in Ossetian language at primary schools of cities and districts for the children of Ossetian nationality.To hold the public referendum on this issue.
10. To introduce the optional teaching of Ossetian language at Georgian schools and Georgian language at Ossetian schools from the fifth grade.
11. To introduce the teaching of the Ossetian language at all faculties of the pedagogical Institute of the South Ossetian Autonomous Oblast (PISO), high schools and vocational establishments of the Oblast.
12. To introduce the entrants’ interview in Ossetian language at the Pedagogical Institute of the South Ossetian Autonomous Oblast for all Ossetian-speaking entrants.
13. To consider the certain preferential terms for the entrants the PISO, residing in the villages outside of the Oblast.
18. To negotiate the issue with the leadership of the North Ossetian Autonomous Republic on reservation at the high schools of the autonomous Republic the certain number of seats for the Ossetian entrants from the South Ossetian Autonomous Oblast and from other regions of the Georgian SSR too.
IV. Radio and television.
1. To control the process of preparation and organization of broadcasting in the South Ossetia.
a) To speed up the process of construction of the TV center in the Oblast;
(…)
3. To raise the issue before the Committee on Radio and TV Broadcast of the Georgian SSR on the following:
a) increase of time of broadcasting in the Ossetian language in the Oblast;
(…)
4. To find the technical capacity to receive the radio and TV transmission from the South Ossetian autonomous Republic
(…)
4 September 1989
(Newspaper “Sovetskaia Ossetia”, # 170, 5 September 1989)
DECESION OF THE 11TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on the information of the first Deputy Chairman of the South Ossetian Oblispolcom Comr. Sanakoev M.G., the chairman of the working group on summarizing the amendments, changes, proposals and remarks to be included in the laws of the Georgian SSR, the Constitution of the Georgian SSR and the law of the Georgian SSR on election of the people’s deputies of the Georgian SSR and the People’s Deputies of the local councils of the Georgian SSR.
1. To endorse the information of Comr. Sanakoev M.G. on this issue.
To raise the issue before the Supreme Council of the Georgian SSR on entering on the draft Constitution the amendments and changes proposed in the information.
2. To add the following sentence to Article 75 of the constitution of the Georgian SSR: “In the South Ossetian Autonomous Oblast the State language is Ossetian”.
26 September 1989
(Newspaper “Sovetskaia Ossetia”, # 188, 28 September 1989)
DECREE ISSUED BY THE OBLAST COMMITTEE OF ABKHAZIA, PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR AND THE COUNCIL OF MINISTERS OF THE ABKHAZ ASSR on the state programme for development of the Abkhaz language
The Abkhaz Oblast Committee of the Communist Party of Georgia, Presidium of the Supreme Council and the Council of Ministers of the Abkhaz ASSR decree:
1. To endorse the elaborated and supported by the wider society of the Autonomous Republic the State programme for Development of the Abkhaz language.
2. To entrust all the Party, Soviet, economic, administrative and societal organizations of the autonomous republic with a task of ensuring full and timely implementation of all measures set out in the programme of development of the Abkhaz language.
3. By the end of 1989, all organizations to be engaged in the implementation of the aforementioned Programme shall elaborate and submit concrete proposals to the Council of Ministers of the Abkhaz ASSR, as well as timetable of implementation of those proposals.
4. Abkhaz Obcom of the Communist Party of Georgia, Presidium of the Supreme Council and the Council of Ministers of the Abkhaz ASSR shall exercise control on the implementation of this decree.
Abkhaz Obcom of the Communist Party of Georgia
Presidium of the Supreme Council of the Abkhaz ASSR
Council of Ministers of the Abkhaz ASSR
10 October 1989
(Newspaper “Sovetskaya Abkhazia”, # 202, 20 October 1989)
State programme on development of the Abkhaz Language
I. Constitutional status of the Abkhaz Language
1. To secure the overall development and functioning of the Abkhaz language as a state language in all spheres of state, economic and public life, in organizations, agencies and institutions of the autonomous republic.
3. To establishment the necessary conditions for representatives of all nationalities residing in the Abkhaz Autonomous Republic for learning the Abkhaz language.
5. To set up a Commission attached to the Supreme Council of the Abkhaz ASSR aimed at exercising control on the functioning of the Abkhaz language as a state language.
6. To establishment the Standing Commission of the Council of Ministers of the Abkhaz ASSR responsible for the realization of the state programme, for development of the Abkhaz language and exercising control on functioning and development of the Abkhaz literary language.
II. Scientific study of the Abkhaz language
(…)
14. Origination and publishing of guidebooks for the Abkhaz office-language.
(…)
III. Teaching of the Abkhaz language
7. Editing and publishing the language textbooks for the primary schools.
15. Establishment of necessary conditions in non-Abkhaz schools of the autonomous republic for those willing to learn Abkhaz language.
18. Editing and publishing of the curriculum and textbooks on history and geography of Abkhazia and compulsory teaching of these subjects.
25. Elaboration of proposals for reorganization of Abkhaz division of the scientific-research pedagogical union subordinated to the Ministry of the Public Education of the Georgian SSR into the independent scientific-research Institute of Pedagogical Sciences subordinated to the Ministry of the Public Education of the Abkhaz ASSR.
37. Arrangement of two-year Abkhaz language training courses at the Abkhaz State University.
IV. Radio and TV broadcasting. Press
2. Increase of TV and radio channel capacities in Abkhazia in order to provide the broadcasting across the whole territory of Abkhazia.
(…)
VI. International service and service sphere
1. Firm observance of issuing three-language letterheads, labels, banners, directories, and price tags.
2. Publishing in Abkhaz language the invitation and congratulation post-cards, posters, slogans, advertising boards and memorable booklets.
3. Exercising the control on labeling all products produced in the Abkhaz ASSR.
4. Securing the functioning of the Abkhaz language in the service and information sphere (including air-fleet, railway, motorway and maritime transport).
10 October 1989
(Newspaper “Sovetskaia Abkhazia”, # 202, 20 October 1989)
DECREE # 515 ISSUED BY THE COUNCIL OF MINISTERS OF THE GEORIGIAN SSR on Joint Appeal of A. Gorky Abkhaz State University and the Sukhumi Branch of Iv. Javakhishvili Tbilisi State University.
In order to secure proper implementation of the decree issued by the Central Committee of the Communist Party of the Georgian SSR on “A. Gorky Abkhaz State University and the Sukhumi Branch of Iv. Javakhishvili Tbilisi State University”, the Council of Ministers of the Georgian SSR, having discussed the joint appeal of A. Gorky Abkhaz State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University, decrees:
1. To approve and render support to the Ministry of Education of the Georgian SSR, A. Gorky Abkhazia State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University in their activities aimed at unification of these two institutions, resumption of educational process and achieving final agreement on timetable for entrance exams.
To consider that carrying out constructive dialogue with professors and teachers of the Universities, representatives of scientific circles, intelligentsia, and students and taking into due respect interests and concerns of all parties involved to be the best way in terms of solution of the existing problems.
2. To entrust the leaderships of A. Gorky Abkhaz State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University” with a task of continuing negotiation with the Ministry of Education of the Georgian SSR on mutually acceptable time-table for unification of the aforementioned universities and submit a relevant proposal to the Council of Ministers of the Georgian SSR.
The unification of the Universities shall take place no later than start of new educational year.
After the unification of the aforementioned universities, all previous decrees on this issue shall be invalidated.
3. The Ministry of Education (Comrade Enukidze) shall continue rendering active support to A. Gorky Abkhaz State University and Sukhumi Branch of Iv. Javakhishvili Tbilisi State University to secure successful completion of the ongoing activities and entrust him with a task of undertaking all appropriate measures aimed at normalization of educational process at all high educational establishments of Abkhazia.
4. To entrust the Council of Ministers of Abkhazia ASSR (Comrade Anchabadze) with a task of securing the resumption of educational process and organization of entrance exams for 1989/90. To solve on time the existing problem and ensure active involvement of relevant ministries and agencies of the Abkhaz ASSR and the Georgian SSR.
Chairman of the Council of Ministers of the Georgian SSR N. Chitanava
Head of Staff of the Council of Ministers of the Georgian SSR Z. Makharadze
20 October 1989
(Abkhaz Issue in Official Documents, part I, p. 52-53)
DECISION TAKEN BY THE 12th EXTRAORDINARY SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20th CONVOCATION on raising the status of the South Ossetian Autonomous Oblast
The 12th extraordinary session of the South Ossetian Oblast Council of the People’s Deputies decides:
1. To reorganize the South Ossetian Autonomous Oblast into the South Ossetian Autonomous Republic.
To ask the Supreme Council of the Georgian SSR and the Supreme Council of the USSR for consideration the issue on granting to the South Ossetian Autonomous Oblast the status of the Autonomous Republic.
The First Deputy Chairman of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast M. Sanakoev.
Secretary of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev.
10 November 1989
(Central State Archive of the newest history of Georgia, file 1165, reg. 8, p. 64)
DECISION TAKEN BY THE 12th EXTRAORDINARY SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20th CONVOCATION on changes to Paragraph 1 of the Decision of 11th Session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation of 26 September 1989 “on State Programme for Development of the Ossetian language”.
The 12th extraordinary session of the South Ossetian Oblast Council of the people’s Deputies decides:
Paragraph 1. To word the decision of the 11th session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation as follows:
1. Ossetian language is a state language in the South Ossetian Autonomous Oblast.
Free and equal functioning of Georgian and Russian languages in the Oblast shall be exercised pursuant to the language policy of the USSR.
Issues related to the office language shall be considered under the competence of the Oblast Council of the People’s Deputies respecting the ethnic and cultural environment of the Oblast.
Official correspondence between the oblast, union republic and the USSR entities, enterprises and organizations shall be done in State language (in Russian - edit.).
The First Deputy Chairman of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast M. Sanakoev.
Secretary of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev.
10 November 1989
(Central State Archive of the newest history of Georgia, file 1165, reg. 8, pg. 62)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on the Decisions made at the 12th Extraordinary Session of the Council of People’s Deputies of the 20th convocation of the Autonomous Oblast of the South Ossetia.
The Session of the Council of People’s Deputies of the 20th convocation of the Autonomous Oblast of South Ossetia took place on 10 November 1989 and addressed the following issues:
About the Chair of the Oblispolkom (Oblast Executive Committee - edit.);
Declaration of the Ossetian language as the State language of the Autonomous Oblast and changing the status of the Autonomous Oblast of South Ossetia.
The Executive Committee of the Oblast Council made the decision on the convocation of the session on 10 November on 9 November under pressure and blackmail on the part of representatives of “Adamon Nikhas”. Pursuant to the protest lodged by the Prosecutor of the Oblast the Executive Committee of the Oblast Council invalidated the aforementioned decision, as an unlawful one, and declared 25 November as a day of convocation of the session.
However, due to an active pressure and influence from the “Adamon Nikhas”, the session in question was held on 10 November 1989.
The Session was held in gross violation of Article 40 of the Law on the Autonomous Oblast of the South Ossetia. According to this article, information on time, venue and agenda of a session must be conveyed to the Deputies of the Executive Council of the Autonomous Oblast and general population at least two weeks prior to the session.
The aforementioned violation of the legislature is especially unforgivable, since the session addressed the issues of paramount importance for the whole population of the Oblast.
Taking into consideration the fact that rules and norms of convocation of a session were grossly violated and that the session addressed issues far beyond the competence the Executive Council of the Oblast, the Presidium of the Supreme Council of the Georgian SSR decrees:
Based on Article 115, paragraph 10 of the Constitution of the Georgian SSR, to declare decisions made at the 12th Extraordinary Session of the Council of People’s Deputies of the 20th convocation of the Autonomous Oblast of the South Ossetia null and void, since these decisions are not in conformity with the existing legislature.
Chairman of the Presidium of the Supreme Council of the Georgian SSR O. Cherkezia
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
16 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 7-8)
LAW OF THE SOVIET SOCIALIST REPUBLIC OF GEORGIA on changes and amendments to the Constitution (Basic Law) of the Georgian SSR
(…)
The Supreme Council of the Georgian SSR decrees:
To introduce the following changes and amendments to the Constitution (Basic Law):
(…)
Article 11. The land, its bowels, water and forest on the territory of the Georgian SSR is the property only of the Georgian SSR. The natural resources of the continental shelf along the Black Sea coast are the property of the Georgian SSR.
The Georgian SSR has the rights and responsibilities in the Black Sea economic zone along its coastal line considered by the norms of international law.
Along with the natural resources the means of production in industry, construction and agriculture, as well as the communication, trade, public facility’s means, the dwelling fund and other sources necessary to fulfil the tasks of the Republic are the property of the Georgian SSR.
Article 69. The Georgian SSR reserves the right to secede freely from the USSR. This is a sacred and inviolable right.
Abolishment or restriction of the right of secession of the Georgian SSR from the USSR under the decree of the Supreme organ of the USSR or through other means is inadmissible.
From the moment of abolishment of the right of the Georgian SSR on secession from the USSR the Georgian SSR shall be considered seceded from the USSR.
The same result will follow the rejection of request submitted by the Supreme Council of the Georgian SSR on annulment or changing of the Union decree that restricts the right of the Georgian SSR on free secession from the USSR. The Supreme Council of the Georgian SSR decides the issue weather the right of the Georgian SSR on secession from the USSR is restricted or not.
(…)
Article 77. The laws and other normative legal acts of the USSR and the Georgian SSR are in effect on the territory of the Georgian SSR.
The Supreme Council of the Georgian SSR suspends the effect of the Union laws and legal acts if they are not in compliance with the interests of the Republic. At the same time it submits proposals to the Committee on Observance of Constitution and the organs that issued the legal acts aimed at putting them in conformity to the interests of the Republic. If no agreement is reached these acts are no valid on the territory of the Georgian SSR.
(…)
Article 104. The Supreme Council of the Georgian SSR is the supreme organ of the state power of the Georgian SSR.
The Supreme Council of the Georgian SSR is authorized to receive for and discuss any issues under the jurisdiction of the Georgian SSR.
The Supreme Council of the Georgian SSR:
1. Adopts the Constitution of the Georgian SSR, introduces the changes and amendments to the Constitution;
2. Decides the issues relating to the frontiers of the Georgian SSR;
3. Decides the issues relating to the state arrangement that are under the jurisdiction of the Georgian SSR;
4. Decides the issues relating to the secession of the Georgian SSR from the USSR;
5. Decides the issues relating to the effect of the Union laws and legal acts on the territory of the Georgian SSR;
6. Elaborates the major directions of the internal-political and foreign policies of the Georgian SSR;
8) Secures the unified regulation of the legislation on the whole territory of the Georgian SSR.
11) Determines the procedures for administrative-territorial arrangement of the Georgian SSR; decides and changes the frontiers of the Autonomous Oblasts and district divisions; creates the cities in the regions and the districts in the cities; decides the subordination of the cities; changes the names of the regions, cities, towns, districts, villages and other settlements;
12) Approves the decision on changing the frontiers of the Autonomous Republics; creates the new districts and towns of republican subordination.
13) Approves the district division of the Autonomous Republics, creation of cities and districts within the cities, changes of subordination of cities, changing of names of regions, cities, districts within the cities and of other settlements;
24) Observes the Constitution of the Georgian SSR and secures the compliance of the Constitutions of the Autonomous Republics of Ajara and Abkhazia with the Constitution and the laws of the Georgian SSR;
26) Abolishes the Decrees and Resolutions issued by the Councils of Ministers of the Autonomous Republics of Abkhazia and Ajara, as well as of the People’s Councils of the Autonomous Oblast, regional, city and district councils (of republican subordination) if they are not in compliance with the Constitution and laws of the Georgian SSR.
(…)
Article 108. The Presidium of the Supreme Council convenes annually the Spring and Autumn sessions of the Supreme Council of the Georgian SSR.
The Presidium convenes extraordinary sessions upon its own initiative, or upon the proposal of the chairman of the Supreme Council, or upon the request of at least 1/3 of deputies, as well as upon the proposals of the Supreme Councils of the Abkhaz and Ajara Autonomous Republics and the South Ossetian Autonomous Oblast.
Article 110. The right to initiate legislation is vested in the Deputies of the Supreme Council, the Presidium of the Supreme Council, the Chairman of the Supreme Council, the Committee on Observance of Constitution, the Council of ministers of the Georgian SSR, the Supreme Councils of the Abkhaz and Ajara Autonomous Republics, the standing Commission of the Supreme Council of the Georgian SSR, the Council of People’s Deputies of the South Ossetian Autonomous Oblast, the Chamber of Public Control of the Georgian SSR, the Supreme Court of the Georgian SSR, the Chief State Arbiter, the Prosecutor General of the Georgian SSR.
(…)
Article 111. The bills and other issues submitted to the Supreme Council are discussed at the sittings of the Supreme Council.
(…)
Article 112… The Presidium of the Supreme Council of the Georgian SSR composes of the following officials: the Chairman of the Supreme Council, the First Deputy of the Chairman of the Supreme Council, two Deputies of the Chairman of the Supreme Council - the Chairmen of the Supreme Councils of the Abkhaz and Ajara Autonomous Republics, the Chairman of the South Ossetian Oblast Council of the People’s Deputies, the Chairman of the Chamber of Public Control, the chairmen of the standing commissions of the Supreme Council.
Article 113.The Presidium of the Supreme Council of the Georgian SSR:
14) Publishes in Georgian and Russian languages and for the Autonomous Republics and Autonomous Oblast in the language of the autonomous entity the laws and other legal acts adopted by the Supreme Council, the Presidium of the Supreme Council and the Chairman of the Supreme Council of the Georgian SSR.
(…)
Article 119. The Supreme Council of the Georgian SSR elects the Committee on Observance of Constitution for 10-year term composed of specialists of the sphere of politics and jurisprudence: the Chairman, Deputy Chairman and 7 members, including the representatives from the Abkhaz and Ajara Autonomous Republics and the South Ossetian Autonomous Oblast.
The Committee on observance of Constitution:
2) Observes the compliance of the Constitutions and laws of the Autonomous Republics, Decrees and Orders of the Council of Ministers of the Georgian SSR, Decrees and Orders of the Councils of Ministers of the Autonomous Republics, Decisions of the Council of People’s Deputies of the South Ossetian Autonomous Oblast, Decisions of the district and city councils (of republican subordination) with the Constitution and the laws of the Georgian SSR.
3) By its own initiative or under the decree of the Supreme Council of the Georgian SSR, the Chairman of the Supreme Council of the Georgian SSR, Standing Commissions of the Supreme Council of the Georgian SSR, the Council of Ministers of the Georgian SSR, or upon the proposals of the Supreme Councils of the Autonomous Republics makes conclusions on compliance of acts issued by public organizations with the Constitution and the laws of the Georgian SSR.
(…)
Article 131. The Supreme Councils of the Abkhaz and Ajara Autonomous Republics are the supreme bodies of these republics.
The Supreme Council of the Abkhaz and Ajara Autonomous Republics are authorized to decide all issues that are under the jurisdiction of the Autonomous Republics set out in the Constitution of the USSR, the Constitution of the Georgian SSR and the Constitutions of the Autonomous Republics.
The Chairman of the Supreme Council of the Autonomous Republic is accountable to the Supreme Council of the Georgian SSR.
Article 132. The Supreme Councils of the Abkhaz and Ajara Autonomous Republics adopt the Constitutions of the Autonomous Republics, introduce the changes and amendments to them; approve the state plans on economic and social development of the autonomous republics; establish the organs under their subordination.
The authorities of the Supreme Councils of the Autonomous Republics, their Presidiums and the Chairmen of the Autonomous Republics are determined in the Constitutions of the Autonomous Republics.
16. To formulate the second part of Article 133 as follows:
“The Council of Ministers of the Abkhaz ASSR and the Council of Ministers of the Ajara ASSR are accountable to the Supreme Councils of these Autonomous Republics”.
Article 141. The activity of the Councils of autonomous Oblast, districts and cities are organized by their presidiums headed by the chairmen of councils, and the town (of regional subordination) village and settlement councils - by the chairmen of these councils.
The local Councils of People’s Deputies are authorized to discuss and decide the issued under their competences set out on the legislation of the USS, the Georgian SSR and the relevant autonomous republics. The laws on the local councils of the people’s deputies determine the list of issues that shall be decided only at the sessions.
(…)
Article 164. …
The Supreme Court of the Georgian SSR, the Supreme Courts of the Autonomous Republics, the judges of the Autonomous Oblast are elected accordingly by the Supreme Council of the Georgian SSR, the Supreme Councils of the Autonomous Republics and the Council of People’s Deputies of the Autonomous Oblast.
The Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
The Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
18 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 15-34)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on Conclusions of the Special Commission on Political and Legal Assessment of Violation of the Georgian Russian Treaty of 7 May 1920
The Supreme Council of the Georgian SSR Decrees:
1. To approve the Conclusions of the Special Commission- that was set up pursuant to the decision of the Presidium of the Supreme Council of the Georgian SSR- on Political and Legal Assessment of Violation of the Georgian-Russian Treaty of 7 May 1920.
2. To put forward proposal to the Second Congress of the Peoples’ Deputies of the USSR to provide political and Legal Assessment of violation of the Georgian-Russian Treaty of 7 May 1920.
(...)
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
18 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 97)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIA SSR on election of the Commission of the Supreme Council of the Georgian SSR to study the issues relating to the Status of the South Ossetian Autonomous Oblast
The Supreme Council of the Georgian SSR decrees:
1. To set up the Commission to study the issues relating to the status of the South Ossetian Autonomous Oblast comprising of 19 people.
(…)
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
18 November 1989
(Bulletin of the Supreme Council of the Georgian SSR, 1989, # 11, p. 98)
1990
DECREE ISSUED AT THE 13TH EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF THE 11TH CONVOCATION OF THE GEORGIAN SSR on Guarantees for Protection of State Sovereignty of Georgia.
(…)
The Supreme Council of the Georgian SSR approves the Conclusions of the Special Commission that was set up pursuant to the decision of the Presidium of the Supreme Council of the Georgian SSR - on Political and Legal Assessment of Violation of the Georgian-Russian Treaty of 7 May 1920 and acknowledges that introduction of the Soviet troops into Georgia in February 1921 and occupation of its territory amounted to, from legal point of view, sheer military intervention and occupation aimed at toppling the then existing political regime. From political point of view, these actions amounted to de facto annexation of Georgia; condemns the fact of occupation and de facto annexation by the Soviet Russia of Georgia as the international crime and seeks to abolish the dire consequences for Georgia, brought about by Russia’s violation of the 7 May 1920 Treaty and restoration of those rights of Georgia, that had been recognized by Russia by the virtue of the aforementioned Treaty.
The Supreme Council of the Georgian SSR declares illegal and null and void the Union Treaty concluded on 21 May 1921 between the Georgian Soviet Socialist Republic and Russian Soviet Socialist Federative Republic, as well as Union Treaty concluded on 12 March 1922 on creation of Federation of Trans-Caucasus Soviet Socialist Republics.
Since the Treaty of 22 December 1922 on creation of the Union of the Soviet Socialist Republics is unlawful in relation to Georgia, negotiations shall start on restoration of the independence of Georgia.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
9 March 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 3, p. 8-10)
LAW OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on the issues relating to the secession of the Union Republic from the USSR
Article 1. This Law sets out the procedures on secession of the union republic from the USSR pursuant to Article 72 of the Constitution of the USSR.
Article 2. The decision on seceding from the USSR the Union Republic exercises based on the free will of the peoples of the union republic through the referendum. The decision on holding the referendum shall be taken by the Supreme Council of the union republic upon its own initiative or based on the appeal signed by the one tenth of the population of the USSR, permanent residents of the republic and authorized to vote under the legislation of the USSR.
(…)
Article 3. In the Union Republics, having autonomous republics, autonomous oblasts and autonomous districts, the referendum shall be held separately for each autonomous entity. The peoples of the autonomous republics and autonomous entities reserve the right on having independent decision to remain within the USSR or within the seceding republic, also to raise the issue on legal status of the entity.
Voting results in the Union Republics with the territories of compact settlement of ethnic groups, which represent the majority of the population in that territory shall be considered separately.
Article 4. For the purpose to arrange the referendum for seceding from the USSR, to fix the date of referendum and sum up the results, the Supreme Council of the union republic shall set up the commission with participation of all concerned sides, including those mentioned in the first and second sections of Article 3 of this law.
Article 6. The decision on seceding from the USSR through the referendum shall be adopted if not less than two thirds of the citizens of the USSR, permanent residents of the republic and authorized to vote under the legislation of the USSR will vote in favour.
The Supreme Council of the union republic shall consider the results of the referendum.
In the Union Republics, having autonomous republics, autonomous oblasts and autonomous okrugs or the territories of compact settlement of ethnic groups, mentioned in the second section of Article 3 of this law, the results shall be considered by the Supreme Council of the union republic together with the Supreme Council of the Autonomous Republic and relevant Council of the People’s Deputies of the autonomous entity.
Article 7. Supreme Council of the Union Republic shall submit the results of the referendum to the Supreme Council of the USSR. Union Republics, having autonomous republics, autonomous oblasts and autonomous districts or the territories of compact settlement of ethnic groups, mentioned in the second section of Article 3 of this law, shall submit the results of the referendum for each autonomous entity and compact settlements separately with the conclusions and proposals to the relevant state authorities.
If the Supreme Council of the USSR finds the referendum lawful, it shall raise the issue before the Congress of the People’s Deputies of the USSR to be discussed.
In case of breach of law when holding the referendum, the Supreme Council of the USSR shall set repeated referendum in three-month term in the republic or in its part, either in the autonomous entity or in the territory of compact settlement of the ethnic groups mentioned in the second section of Article 3 of this law.
Article 9. The results of the referendum on seceding from the USSR of the union republic, as well as conclusion of the supreme state authorities of the union republic, autonomous republics, autonomous oblasts and districts on the issue shall be considered by the Congress of the People’s Deputies of the USSR. The Congress of the People’s Deputies of the USSR, upon the submission of the Supreme Council of the USSR, prior coordinated with the Supreme Council of the seceding republic shall determine the transitional period that should not exceed five-year and the issues, related to the secession of the union republic shall be settled within this term.
Article 10. If, in accordance of the referendum results, the final decision on secession of the union republic is not reached, a new referendum on the issue can be arranged not earlier than 10 years from the day of previous referendum.
(…)
Article 14. …The following issues shall be solved within transitional period in relation of the seceding republic and the USSR, as well as other union republics, autonomous republics, autonomous entities and ethnic groups:
7) the issue regarding the territories that didn’t belong to the seceding republic at the moment of its joining to the USSR shall be negotiated;
8) the status of the territories with compact ethnic settlements, mentioned in the second section of Article 3 of this law shall be negotiated pursuant to the referendum;
(…)
Article 15. The citizens of the USSR, residing on the territory of the seceding republic, have the right to make their own chose on citizenship, place of residence and work. Seceding country shall compensate all expenses relating to the displacement of the citizens outside of the republic.
Article 19. During the last year of the transitional period, the seceding country, by the initiative of the supreme organ of the state authority can hold the repeated referendum in order to approve the decision on separation of the union republic from the USSR. The repeated referendum is binding if it is requested by one tenth of the citizens of the USSR, permanent residents of the republic and authorized to vote under the legislation of the USSR.
If in the repeated referendum for the approval of the decision on secession from the USSR less than two thirds of the citizens of the USSR, permanent residents of the union republic authorized to suffrage under the legislation of the USSR votes in favour, the decision on separation of the union republic from the USSR shall be revoked and the procedures shall be terminated.
(…)
The President of the Union of he Soviet Socialist Republics M. Gorbachev.
3 April 1990
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1990, # 15, p. 303-308)
LAW OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on the economic relations between the USSR, Union and Autonomous Republics
(…)
Article 2…
1. Union and Autonomous Republics are authorized to decide economic and social issues outside the jurisdiction of the USSR, the Constitution of the USSR, legislation of the USSR and this law. 2. Union and autonomous republics, pursuant to the legislation of the USSR, on their respective territories:
possess, use and handle the land and other natural resources in compliance with their interests and the interests of the USSR;
adopt the laws and other normative acts regulating the conditions of the economic activities on the territory of the republic;
decide tax issues and perform budgetary activities;
regulate economic and social development on their territories and elaborate the general decision on the economic development and the ways for its realization;
regulate investment activity and conditions for the construction on the territory of the republic;
regulate the prices in compliance with the USSR pricing policy;
participate in the monetary flow; exercise the management of the state bank activity;
perform foreign economic activity respecting the obligations and commitments of the international treaties of the USSR and agreements between the USSR and the republics; conduct border and coastal trade, register the joint enterprises, international companies and organizations, and encourage foreign economic activity of the enterprises and organizations; form and manage currency reserves of the republic;
decide the issues of social development, employment of the population, regulation of the income of the population; secure the minimum wages established by the legislation of the USSR, pension rate and other social securities;
establish the norms of ecological protection and conduct the activity for environmental protection on the territory of the republic; issue licenses and restrictions on the activity of enterprises and organizations;
form the agencies for state management and determine their function.
(…)
Article 3…
3. Union and autonomous republics, in compliance with the legislation of the USSR, determine the tax, dues and due payment on their territories, including the payment for the natural resources.
5. The agencies of the USSR, together with the agencies of the union and autonomous republics establish the funds for the regional development, reserves, innovations, environment protection and other public funds in order to finance scientific, economic, social and other programmes, as well as works on prevention and elimination of the natural disasters, catastrophes and accidents.
6. The State Bank of the USSR implements: the regulation of the monetary circulation based on the common currency of rouble, currency emission, setting of the rate to the foreign currency, setting of exchange procedures and regulations for purchasing and selling of foreign currency valuables; exercises unified credit policy in foreign economic relations.
(…)
Article 5…
2. Union and autonomous republics are authorized to establish in the capital city of the USSR and capital cities of other union republics representational missions maintained at the expense of the budget of the republics.
(…)
Article 6…
1. Union and autonomous republics participate in the decision-making process of economic character that is under the competence of the USSR through participation at the Congress of the People’s Deputies of the USSR, Supreme Council of the USSR, Presidium of the Supreme Council of the USSR, Council of Federation, Government of the USSR and other agencies of the USSR.
2. The supreme agencies of the state authority of the republics may raise the issue before the Committee of Constitutional Supervision regarding compliance of the legal acts of the state agencies and the Government of the USSR with the Constitution of the USSR and the USSR laws.
3. The union and autonomous republics have the right to address to the President of the USSR and ask for abrogation of decree or resolution of the Council of Ministers of the USSR that runs counter to the economic interests of the republic.
4. The supreme agencies of the state management of union and autonomous republics have the right to file the protest to the Council of Ministers of the USSR on the acts issued by the agencies subordinated the Council of Ministers of the USSR that contradict economic interests of the republic. The Council of Ministers of the USSR shall consider the protest within a month term and make a final decision.
(…)
5. The dispute on economic issues between the government of the USSR, union and autonomous republics, also between the union republics, emerged in the course the implementation of the USSR laws, decrees and resolutions of the government of the USSR, shall be resolved by the Supreme Council of the USSR with respect of the recommendations of the Council of Federation.
Article 7…
1. The laws of the USSR and union republics, which secure the independent economic activity of the autonomous oblasts and okrugs, determine economic competence of the autonomous oblasts and okrugs.
2. Autonomous oblasts and okrugs pursuant to the legislation of the USSR on their respective territories possess, use and handle the land, other natural resources and properties under their ownership.
3. Autonomous oblasts and okrugs: assure the process of the social-economic development on their territories; independently form and implement their budget; carry out the measures for strengthening the fiscal base of the local self-governance; set and regulated the prices within their competence; participate in determination of limits and norms of the use of natural heritage on their territories; issue the licenses and restrictions for enterprises pursuant to the legislation of the USSR and union republic; conduct foreign economic activity; also manage the other issues within their competence.
(…)
Article 8…
3. When implementing the decisions adopted in contradiction to the acting law without prior coordination with the union and autonomous republics that damaged the interests of the republic, the governing agencies of the USSR shall remove the negative consequences of those decisions and compensate the damage upon the request of the republic.
4. If the implementation of decisions of the union and autonomous republic damages the legal interests of other republic or the USSR, the damage shall be compensated by the republic, which adopted such decision.
(…)
The President of the Union of the Soviet Socialist Republics M. Gorbachev.
4 September 1989
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1990, # 16, p. 334-340)
LAW OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on Separation of Authorities Between the USSR and the Subjects to the Federation
Article 1… Union republics enjoy the full-scope authority on their respective territories outside of authority rendered to the USSR by them.
Autonomous republics represent the Soviet Socialist States - the subjects of the USSR Federation. The autonomous republics and autonomous entities are included within the union republics based on the principles of national self-determination. They enjoy the full-scale authority on their territories outside of authority rendered to the USSR and the union republic.
The relation of autonomous republics and autonomous entities with the union republic is determined by agreements and treaties concluded pursuant to the Constitution of the USSR, Constitution of the union republic and autonomous republic and this law.
Article 2. Each union republic reserves the right to secede from the USSR…
Article 3. The territory of the union and autonomous republics and autonomous entities shall not be changed without their consent.
The frontiers between union republics may be changed upon mutual agreement between the union republics that shall be approved by the USSR.
(…)
Article 4. Union and autonomous republic, autonomous oblast and district: independently decide the issues related to the allocation of enterprises and economic entities on their territories; assure the economic, social and cultural development on their territories with respect of interests of all people, residing on their territories; determine the condition of performance with respect of environmental protection and labour resources of enterprises and economic entities, agencies and institutions subordinated to the USSR or other union or autonomous republics pursuant to the legal acts of the USSR, union and autonomous republic.
In the development of economic and social-cultural sphere the autonomous entity on its territory has the same rights as the union republic outside the jurisdiction of the union republic in accordance with the concluded agreement.
(…)
Article 6. Exclusive authorities of the Union of the Soviet Socialist Republics:
2. Admission of a new state to the USSR, establishment of a new, and change the statues of the existing autonomous republics, autonomous oblasts and autonomous districts;
3. Resolution of disputes between the union republics, union republic and autonomous republic, if they raise the issue before the agencies of the USSR.
(…)
Article 10. When the certain issue under the joint authority of the USSR and the union republic is not solved through the law of the USSR, the union republic has the right to exercise independently the legal regulation towards that sphere. At that the issues under the authority of the autonomous republics or autonomous entities shall be regulated through the negotiation with them.
Article 11. … In case of contradiction between the Constitutions of the union republic, autonomous republic and the Constitution of the USSR, the constitution of the USSR shall have a superior legal force. In case of contradiction between the laws or other legal acts issued by the supreme authorities of the union and autonomous republics and the Constitution, other laws and legal acts of the USSR, the acts issued by the supreme agencies of the USSR shall have a superior legal force.
(…)
Article 13. Supreme state agencies of the union republics and autonomous republics have the right to file the protest against decisions and decrees issued by the Council of Ministers of the USSR if they violate the rights of the union or autonomous republic. The Supreme Council of the USSR shall resolve the dispute.
Supreme state agencies of the union republics and autonomous republics have the right to suspend the performance of normative acts issued by the ministries, state departments and committees of the USSR if they breach the legislation of the USSR or the relevant legislation of the union republic or autonomous republic; The Council of Ministers of the USSR shall be promptly informed about the breach of law. The Supreme Council of the USSR shall settle the dispute if the performance of the legal act is suspended by the Supreme Council of the union or autonomous republic, or, by the Council of Ministers of the USSR, if the performance of the legal act is suspended by the Council of Ministers of the union or autonomous republic.
The President of the Union of the Soviet Socialist Republics M. Gorbachev.
26 April 1990
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1990, # 19, p. 429-433)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on introduction of amendments to the decree issued by the Supreme Council of the Georgian SSR on March 9, 1990 “Guaranties for Protection of State Sovereignty of Georgia”
The Supreme Council of the Georgian SSR decrees:
To introduce the following amendments to the Decree issued by the Supreme Council of the Georgian SSR on 9 March 1990 “Guaranties for Protection of State Sovereignty of Georgia”:
1. To add after Paragraph 10 the following Paragraph:
“Noting that the regime established in Georgia as a result of military intervention and occupation - initially non-elected authority (Revolutionary Committee) and then, extremely limited, based on narrow class-interest principles Soviets did not express genuine and free will of the Georgian people. Proceeding from the aforementioned, the Supreme Council of the Georgian SSR declares null and void all those legal acts that abolished political and other institutions of the Democratic Republic of Georgia and replaced them with other political and legal institutions introduced through violence and external force …”
2. To add at the end of the decree the following: “ to start negotiations between the Georgian SSR and the Russian Soviet Federative Socialist Republic aimed at establishment of fundamentally new and appropriate for sovereign states relationship, and acknowledgment on the part of the Government of RSFSR (the Russian Soviet Federative Socialist Republic-edit) of the fact of gross violation in February-March 1921 of the 7 May 1920 Treaty and adequate political and legal assessment of this violation should lay foundation for such relationship.
Despite the heavy legacy and irrefutable fact of forceful establishment of Soviet regime in Georgia, taking into account the present political realities, historical experience of genesis of state power and its development, the existence, although not good enough, democratic and representative political institutions and being fully aware of the fact that these institutions function within the Soviet Union’s political system and that reality plays major role in assessment of legal bases of any authority. Today, only the Supreme Council of the Georgian SSR is able and authorized to create through legal means all necessary conditions for establishment of genuinely democratic and multi-party system based bodies of central and local authorities, while taking in due account the best interests of all strata and political spectrum of the society. Only such an approach could serve as solid precondition for successful steps undertaken towards the restoration of state independence of Georgia.
The Supreme Council of the Georgian SSR and every single member of it, is fully aware of its huge responsibility before the Georgian people at this epoch-making and historical stage of Georgia’s development and calls upon the Georgian people, all residents of Georgia to exert every effort to the achievement of our cherished goal - the restoration of state independence of Georgia”.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
20 June 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 6, p. 11-12)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on Creation of Legal Mechanism Aimed at Restoration of Independence of Georgia.
Being guided by the best interests of national sovereignty of the Georgian People and major principles of the International law securing inviolability of the right of every nation to self-determination, as well as other norms, including the UN Charter, international conventions on human rights, and the Final Acts of Helsinki and Vienna forums;
Noting that the Georgian people exercised this right through the creation of the Democratic Republic of Georgia on 26 May 1918;
Acknowledging the right of Georgia to reinstate its state independence lost as the result of violation of the Treaty of 7 May 1920 between Georgia and Russia by the Russian government, which found its manifestation in military intervention, occupation and de facto annexation of Georgia;
Since the decree of the Supreme Council of the Georgian SSR, issued on 9 March 1990 has laid foundation to the process of restoration of state independence of Georgia and to secure successful completion of the process it is essential to further undertake effective measures,
The Supreme Council of the Georgian SSR decrees:
To work out a legal mechanism for the restoration of state independence of Georgia that shall be based on the principles of international law.
To this end, create a special commission that will be composed of representatives of the Supreme Council of the Georgian SSR, experts, representatives of political parties and civil society and entrust the Presidium of the Supreme Council of the Georgian SSR with a task of defining personal composition of the commission.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
20 June 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 6, p. 12-13)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on Evaluation of a Number of the USSR Laws, Based on Article 77 of the Georgian SSR
Being guided by the necessity of protection of Sovereignty of the Georgia SSR and by the objective of restoration of state sovereignty of Georgia, pursuant to Article 77 of the Georgian SSR, the Supreme Council of the Georgian SSR decrees:
1. The existing USSR laws on the rules and procedure of secession of the Union Republics from the USSR, separation of competences between the subjects of Federation and the USSR, basics of economic relations, property regulations and income laws run counter to the vital interest of the Georgian SSR.
2. The Presidium of the Supreme Council of the Georgian SSR and the Council of Ministers of the Georgian SSR shall follow this decree.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
20 June 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 6, p. 21)
DECISION OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on Creation of Special Commission on Study the Issues in the Abkhaz ASSR
The Supreme Council of the Georgian SSR decides:
To create a special commission that will address the issues related to the protection of legal guarantees of statehood of the Abkhaz ASSR.
To entrust the experts, scientists and representatives of civil society with a task of studying these issues profoundly and submitting the findings and proposals to the Presidium of the Supreme Council of the Georgian SSR.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
26 July 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 7, p. 6-7)
DECISION TAKEN BY THE 13TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on the information of the commission on study of conduct of soviet, law-enforcement agencies and state officials during the difficult public and political situation in the South Ossetian Autonomous Oblast in 1989-1990
The 13th Session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation decides:
1. To endorse the information of the commission on study of conduct of the Soviet, law-enforcement agencies and state officials during the difficult public and political situation in the South Ossetian Autonomous Oblast in 1989-1990; to publish it in the local press with the decision adopted and forward to the Supreme Council of the USSR, Georgian SSR and Helsinki Union on protection of Human Rights.
2. To consider:
- public and political situation on the territory of the South Ossetian Autonomous Oblast since May of 1989 up today as extreme and extraordinary;
- the events, which took place from 23 November 1989 and from February 1990 - as violent act of armed informal formations of organizations and agencies of Georgia against the peaceful population of the autonomous oblast accompanied with the lack of counteractions of the local and republic authorities that led destabilization of public and political situation in the region, resulted in human victims, material damages and excessive suffering of innocent, peaceful residents of the oblast.
3. To consider extremely inadequate the conduct of the Ispolcom of the People’s Deputies of the South Ossetian Autonomous Oblast during the difficult public and political situation and demand of the resignation of its present members.
(…)
4. Taking into consideration the difficult public and political situation established in the region, to ask the Supreme Council of the Georgian SSR for the permission on holding the election of the local Councils of the People’s Deputies on the territory of the South Ossetian Autonomous Oblast coinciding with the election of the Supreme Council of the Georgian SSR in October-November of 1990.
5. To raise the following issues before the Supreme Council of the USSR and the Georgian SSR:
- to give the political and legal assessment to the tragic events in the South Ossetian Autonomous Oblast that have entailed human victims.
- to find the resources for compensation of material and moral damages;
- to prevent the possibility of the repeated violence in the oblast.
6. In order to speed up the process of regulation of the situation here, to raise the issue before the Prosecutor General of the USSR and the Ministry of Interior of the USSR on immediate investigation of crimes committed during the aforementioned events on the territory of the South Ossetian Autonomous Oblast in 1989-1990.
8. To entrust the Ispolcom of the People’s Deputies of the South Ossetian Autonomous Oblast with the following tasks:
(…)
- to elaborate and implement within ten days the practical measures for the stabilization of public and political situation in the oblast and strengthen the true friendship of the people…
- to elaborate practical measures for selection, training and assignment of personnel in the law-enforcement agencies from the local residents, those who speak Ossetian, Georgian and Russian languages; to inform the next session about the done activity;
- to bar from any assignments or dismissals of officials with the breach of “Law on the South Ossetian Autonomous Oblast”:
- to bar from any assignments or dismissals with regard of ethnic affiliation…
(…)
- to set up commission on learning of and solving the issues relating to the refugees;
- respecting the proposals of the specialist and public opinion to elaborate and publish within a month term the draft concept of economic independence of the South Ossetian Autonomous Oblast with further approval at the session of the oblast Council of the People’s Deputies.
9. The leadership of the Oblast, on the alternative basis, shall decide within 10-day term the issue of appointment of the Prosecutor of the Oblast and the head of the Interior Affairs of the South Ossetian Oblispolcom from the local specialists having command of three state languages.
10. To raise immediately the issue before the Council of Ministers of the Georgian SSR:
- on compensation of material and moral damages subsequent upon destabilization of the public and political situation that entailed the tragic events of 1989-1990;
(…)
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
10 August 1990
(Newspaper “Sovetskaia Ossetia”, # 160, 23 August, 1990)
DECESION OF THE ISPOLCOM OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN AUTONOMOUS OBLAST on establishment of the Commission on study and elaboration of proposals to respond the statements and complaints of the citizens demanding resettlement from other cities and regions to the South Ossetian Autonomous Oblast and, also on the problems of refugees
Ispolcom of the Council of People’s Deputies of the South Ossetian Autonomous Oblast decides:
1. To approve the Commission on study and elaboration of proposals to respond the statements and complaints of the citizens demanding resettlement from other cities and regions to the South Ossetian Autonomous Oblast, and also on the problems of refugees…
(…)
2. To entrust the Commission with a task of learning within a month term all statements and complaints of the citizens, and where necessary, to submit the proposals to the Ispolcom of the People’s Deputies of the South Ossetian Autonomous Oblast to be considered.
3. To entrust the Councils of the People’s Deputies of the cities and districts with a task to establish the similar commissions and report the information to the Oblispolcom of the South Ossetian Autonomous Oblast within one month.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
23 August 1990
(Newspaper “Sovetskaia Ossetia”, # 170, 8 September, 1990)
DECLARATION ADOPTED AT THE MEETING OF ALL-LEVEL COUNCILS OF THE ABKHAZ ASSR on the issues discussed at the 10th Session of the Supreme Council of the Abkhaz ASSR
Present political and social reforms, based on the acknowledgment of the priority of the universal human values, lay a good ground to the fulfillment of peoples’ demand.
Certain forces, relying on the violent means of protection of their own interests have chosen the dangerous way to fulfill them. That is a barefaced provocation and confrontation between Abkhazs, Georgians and other peoples living together over the ages. In such circumstances we may loose the social-political rights and freedoms we have achieved. Moreover, we may find ourselves in far worse situation than we were before the reforms.
At the sessions of the local Councils, meetings of electors, labour collectives, public organizations and agencies thousands of people talked about the established situation in the autonomous republic due to the repeated convocation of the 10th session of the Supreme Council of the Abkhaz ASSR and released documents of the session.
The negative assessment has been done to the role of the Supreme Council and its Presidium for introducing new methods of political confrontation in the autonomous republic.
The resolutions and appeals adopted by the labour collectives express the concern regarding the proposals on legal protection of the Abkhaz state independence, which may violate the territorial integrity of Georgia as a sovereign country. Discussion of such issues at the session runs counter to the vital interests of the majority population of the autonomous republic and facilitates neither to the fair solution of the problems nor to the establishment of peace and good-neigbourly relations between the peoples.
In this regard the electors call on the deputies of the Supreme Council of the Abkhaz ASSR not to participate at the Session. Otherwise the following assessment will be done to their conduct: they don’t want to protect the legal interests and demands of the electors…
The meeting of the Deputies is authorized to declare the following:
1. Pursuant to the Declaration “On the principles of international law” adopted by the United Nations Organization on 24 October 1970, the process of the self-determination shall be conducted without violation of the territorial integrity and without undermining the political unity of the state. Published documents on legal guarantees of the protection of Abkhazia’s state independence are aimed at violation of the territorial integrity of Georgia as a sovereign country, thus discussion of this matter at a level of the Supreme Council of the autonomous republic is unlawful and inadmissible.
2. In order to settle the situation and overcome the confrontation through the constructive dialog based on the principles of mutual understanding and reciprocity, the deputies shall take active participation in the work of the Commission established by the Presidium of the Supreme Council of the Georgian SSR and submit the conclusions and proposals for further discussion to the Supreme Council of the Abkhaz ASSR.
3. For the alternative conduct we offer to the interested parties to establish the committee on national reconciliation comprising of the representatives from all districts, ethnic groups, public and political movements of Abkhazia, which will make decision on the basis of consensus.
4. We agree to participate at the 10th session of the Supreme Council of Abkhazia with the following agenda: Adoption of the electoral law for the Supreme and local Councils of the Abkhaz ASSR.
Problems of the current and future development of Abkhazia, issues on enlargement of its political and economic rights shall be decided on the constitutional and legal basis respecting the view of the general public.
5. This Decree shall be sent to the Supreme council of the Georgian SSR, Supreme Council of the Abkhaz ASSR and published in press.
23 August 1990
(Newspaper “Sabchota Abkhazeti”, # 162, 24 August, 1990)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR
on Legal Guarantees of Protection of the Statehood of Abkhazia
Having heard and discussed the report of the Chairman of the Supreme Council of the Abkhaz ASSR Comr. V. Kobakhia “on Legal Guarantees of Protection of the Statehood of Abkhazia” the Supreme Council of the Abkhaz ASSR notes:
In 1989-1990 the Supreme Council of the Georgian SSR three times (November 1989, March and June 1990) adopted the decision on restoration of the state independence of Georgia. Those decisions admit that the Georgian Democratic Republic, established in 1918 was liquidated in February 1921 due to establishment of the Soviet power in Georgia based on forcibly concluded international treaties: the Union treaty between the Georgian Soviet Socialist Republic and The Russian Soviet Federative Socialist Republic of 21 May 1921; the Union treaty on establishment of the Union of Transcaucasus Soviet Socialist Republics of 12 March 1921; the Treaty on establishment of the Union of the Soviet Socialist Republics (the USSR) of 30 December 1922.
In that way the supreme legislative power of Georgia prepared the legal basis for the restoration of Georgia’s state independence that existed by the time of its sovietization in February 1921 and opened the path for the negotiation aimed at fulfilling this task.
Postponement of the date of election from March to October of 1990 and amendments to the electoral procedures of the deputies of the Georgian SSR bear the guaranties to reach this goal - reinstatement of the statehood existed in Georgia until February of 1921.
The Supreme Council of the Abkhaz ASSR considers that the restoration of the state independence, existed before February of 1921, is an undeniable right of the Georgian people, i.e. practical secession from the USSR. But the decisions of the Supreme Council of Georgia say nothing about the autonomous entities included in Georgia. From the essence of the decisions adopted by the Parliament of Georgia regarding the restitution of the previous status of its statehood, it’s easy to understand that all autonomous entities on its territory shall automatically follow Georgia and that’s why in the negotiations and signing of a future Union Treaties on establishment of a new federation, participation of Abkhazia, Ajara and South Ossetia has not been considered.
The Supreme Council strongly opposes such resolution of Abkhazia’s destiny due to the following reasons.
Abkhazia was incorporated under the protectorate of the Russian Empire in 1810 as an entity independent from kingdoms and principalities of Western and Eastern Georgia. Abkhaz principality, as a national entity, ruled by Prince existed until 1864, while Georgia’s statehood was abolished in 1801 - right after it had entered into the Russian Empire.
After the Russian revolution of 1917 and from the start of disintegration of the Russian Empire, Abkhazia entered the South-West Union of the Caucasus that had nothing to do with Georgia.
In February of 1918 Georgia and Abkhazia concluded the agreement that recognized Abkhazia as “unified and indivisible State from the river Inguri to the river Mzimta”. At that time the issues regarding independence of Abkhazia and the autochthonous of the Abkhaz people on its territory was an evident fact for Georgia.
After establishment of the Democratic republic of Georgia in May 1918 Georgia resorted forcible measures in order to include Abkhazia within Georgia but having met the firm resistance from the Abkhaz side, the representatives of the Georgian Government declared that the “independent existence was an organic right of the Abkhaz people”.
In 1918-1921 Abkhazia had been fully occupied by the troops of the Georgian Democratic Republic and only in February of 1921, after collapse of the Georgian Democratic Republic Abkhazia reinstated its independence.
On 4 March 1921 Abkhazia restored the Soviet power that had been overthrown by the Georgian Government and on 31 March of 1921 the Abkhaz Revcom (Revolutionary Committee - edit) proclaimed the independent Soviet Socialist Republic of Abkhazia - Abkhaz SSR.
Nevertheless, in December 1921, under the pressure of Stalin it was united with Georgia on the basis of the “Special Treaty”. In accordance of the Treaty one third of representatives of Georgia to the Transcaucasus Central Executive Committee fell to Abkhazia.
Pursuant to the federal character of the Treaty, in December 1922 the plenipotentiary representative of the Abkhaz SSR in the composition of the delegation of the Trans-Caucasus SFSR (Soviet Federative Socialist Republic-edit) Akirtava N.N. put his signature under the Treaty on establishment of the USSR that authorized Abkhazia as one of the union republics of the USSR.
In 1931, when Stalin’s administrative-command system was gaining a power, the political status of Abkhazia was degraded to an Autonomous Republic within the Soviet Georgia, which meant an effective incorporation of Abkhazia into Georgia on a “legal” basis.
In the thirties the serious repressive measures were taken in order to dissolve the Abkhaz nation into Georgian. To fulfill this goal they: closed Abkhaz schools and made the Abkhaz children go to Georgian schools; introduced Georgian as an office language; replaced Abkhaz toponymy with Georgian ones; resorted massive settlement of Georgians in Abkhazia constructing for them the special compounds; ousted Abkhazs from the State, party and administrative agencies and replaced them with Georgians; put Georgian ethnicity in the privileged position while discriminating the Abkhazs; oppressed original culture of Abkhaz people; forged the history of Abkhazia and Abkhaz people, which was announced as a Georgian tribe (race).
Stalin’s death, and especially the 20th Congress of the Communist Party of the Soviet Union that condemned Stalin’s cult of personality and the process of restoration of the legal interests of the repressed peoples seriously barred the plans of Georgian government, which successfully was implementing the Menshevik idea of “Georgianisation” of Abkhazs.
Though many artificially created factors still remained in force threatening the distinctive existence of the Abkhaz ethnicity, it was impossible to conduct open policy of the Abkhaz people’s cultural genocide that had been condemned by the special decision of the Central Committee of the Communist Party of the USSR. And then the practice went “on the sly”.
Perestroika that started in 1985 brought a new wave of the barefaced chauvinism against the Abkhazs yet it was aimed at the development of democracy and establishment of the rule of law. Certain forces of Georgia try to use the slogan - “The strong Center and Strong Republics” for the legalization of their aim to secede from the USSR ignoring the interests of the Abkhaz and Ossetian people, those who have their national autonomy, as well as Armenians, Azerbaijanis, Russians, Greeks and others - residing in the republic.
The issue was carried to the point that Abkhaz people had no right to the self-determination.
It’s evident that Georgian compact settlements appeared in Abkhazia after the Caucasus War had ended. In the second half of XIX century Abkhazs were forcibly deported to Turkey. Meanwhile they make immoral allegations that Abkhazia is a Georgian soil and the Abkhaz people are aliens there.
Against a background of situation mentioned above, Georgia makes an attempt to legalize its policy aimed at assimilating the Abkhaz people and abolishing Abkhazia’s statehood. After seceding from the USSR Georgia will try to establish mono-ethnic state where Abkhazs either will have to dissolve themselves into Georgian ethnicity, or leave their homeland. Accordingly, the decisions issued by the Supreme Council of the Georgian SSR encouraging Georgia’s secession from the USSR shall not be abandoned without political and legal assessment from the side of the Supreme Council of the Abkhaz ASSR.
The Supreme Council of the Abkhaz ASSR decrees:
1. To recognize that Democratic Republic of Georgia, breaching the Treaty of 11 June 918 and the Agreement concluded between the Abkhaz People’s Council and National Council of Georgia of 9 February 1918 carried out military intervention in the late June of 1918 aimed at forcible inclusion of the territory of Abkhazia into Georgia and abolishing the independence of the Abkhaz people. This action that contravenes the International Law shall be considered as unlawful.
2. To declare null and void the part of the Agreement concluded between Georgia and RSFSR on May 1920, which is related to the territory of independent Abkhazia, then occupied by Georgian military forces.
3. The Decrees of the Supreme Council of Georgia issued on 18 November 1989, 9 March and 20 June of 1990, which declare null and void all political and legal institutions introduced after February 1921, lead the logical conclusion that all treaty-relations between Georgia and Abkhazia are also unlawful and Abkhazia’s inclusion into the Georgian SSR has no legal base any longer. Consequently the legal form of Abkhazia’s state sovereignty is the Soviet Socialist Republic of Abkhazia that was proclaimed on 31 March 1921 and based on a free will of the people of Abkhazia.
4. To raise the issue before the Supreme Council of the USSR on reinstatement of the status of Abkhazia proclaimed on 31 March of 1921.
Before the resolution of this issue by the Supreme Council of the USSR and concluding the new union treaties, the current state-legal relations between Georgia and Abkhazia shall remain in force.
5. Abkhazia is ready to start the negotiations with Georgia in order to establish further state-legal relations.
6. During the formalization of the new Union Treaty that is actually renewal of the 1922 International Agreement, Abkhazia, as one of the founder-Republics of the USSR, shall participate in all negotiations equally with other subjects of the USSR.
7. This Decree shall be submitted to the Supreme Council of the RSFSR to be considered simultaneously with the Decree of the Supreme council of the Georgian SSR of 18 November 1989, 9 March and 20 June of 1990.
Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Kobakhia
Secretary of the Presidium of the Supreme Council of the Abkhaz ASSR I. Kvitsinia
25 August 1990
(Newspaper “Sovetskaia Abkhazia”, # 164, 28 August, 1990)
DECLARATION of the State Sovereignty of the Abkhaz Soviet Socialist Republic
The Supreme Council of the Abkhaz Soviet Socialist Republic,
- Expressing the will of all the people of the Republic and realizing the undeniable right of the Abkhaz nation on self-determination,
- Acknowledging the historical responsibility to the destiny of Abkhazia,
- Confirming the respect to the sovereign rights of all peoples residing in the USSR,
- Pursuing to the principles of the Universal Declaration of Human Rights and other international covenants,
- Pursuing to build democratic State functioning in accordance with law,
Solemnly declares the State sovereignty of the Abkhaz Soviet Socialist Republic.
1. The Soviet Socialist Republic of Abkhazia is a sovereign Socialist State established on the basis of the right of Abkhaz nation to free self-determination and rule of people to determine their destiny. The sovereignty of the Abkhaz ASSR applies to the whole territory of Abkhazia.
The Abkhaz Soviet Socialist Republic is a bearer of the whole state authority on its territory outside of the competence voluntarily rendered to the USSR and the Georgian SSR pursuant to the concluded Agreements.
The Abkhaz Soviet Socialist Republic shall have its own State Emblem, State Flag and State Anthem.
Any violent actions conducted by political parties, public association or individuals that counter to the state sovereignty of the Abkhaz ASSR shall be subject of law.
2. The citizens of all nationalities constitute the people of Abkhazia. The sovereignty bearer and sole source of authority in the Abkhaz SSR shall be its multi-national people. The people shall exercise the authority on the basis of the Constitution of the Abkhaz ASSR through the referendum and electing representational bodies.
3. The State authority in the Abkhaz Soviet Socialist Republic shall be exercised on the basis of a division into legislative, executive and judicial power.
4. The Supreme Council of the Abkhaz ASSR shall exercises the full state authority in the territory of the Abkhaz ASSR, which has the exclusive right to act on behalf of the people of the Abkhaz Soviet Socialist Republic.
The nation, the Republic is named after, shall be represented at the Supreme council of the Abkhaz SSR.
5. The Supreme executive body of the state authority of the Abkhaz SSR shall be the Council of Ministers of the Abkhaz ASSR (the Government of the Abkhaz ASSR) authorized to decide the issues of the state management within the competence of the Abkhaz ASSR outside the rights under the competence of the Supreme Council of the Abkhaz ASSR.
6. The judicial power in the Abkhaz ASSR shall be exercised through the courts of the Abkhaz ASSR. The supreme judicial body in the Abkhaz ASSR shall be the Supreme Court of the Abkhaz ASSR. The justice shall be exercised on behalf of the Abkhaz ASSR.
7. The Abkhaz ASSR shall issue the legal and other normative acts obtaining all issues within its competence.
The Acts issued by the USSR or the Georgian SSR, if they violate the State sovereignty of the Abkhaz ASSR and contradict the established laws, shall be suspended by the legislative and executive powers of the Abkhaz ASSR.
8. The disputes raised between the Abkhaz ASSR, the USSR and the Georgian SSR shall be resolved in accordance with the concluded Agreements.
9. The Abkhaz ASSR shall participate in realization of the authorities rendered to the USSR and the Georgian SSR and shall promote the implementation of the Union and inter-state programmes on its territory.
10. The Abkhaz ASSR shall have the right to establish representational missions in the USSR and union republics and also in foreign countries.
11. The territory of the Abkhaz ASSR shall not be changed without its consent. The Abkhaz ASSR decides all issues relating to the administrative-territorial settlement of the Republic.
12. The Abkhaz ASSR shall decide the issue of citizenship of persons and secure the right of each citizen to retain the citizenship.
The Republic grants the citizenship of the Abkhaz ASSR and decides the issues relating to the deprivation of the citizenship.
13. The Abkhaz ASSR independently determines its economic status and secures it on the basis of law.
The Abkhaz people shall have the sole right on the possession, use and management of the national resources of Abkhazia.
The soil, its bowels, air-space, water and other natural resources on the territory of Abkhazia, natural resources of its continental shelf, entire economic and intellectual potential established on the territory of Abkhazia shall be at the possession of the people that is a material basis of the sovereignty of the Republic and shall be used exclusively for the purposes to satisfy the material and spiritual needs of its citizens.
The enterprises, agencies and institutions of other States can be allocated on the territory of Abkhazia and they have the right to use the natural resources of Abkhazia in accordance with the legislation of the Abkhaz ASSR.
The Abkhaz ASSR establishes the banking (including foreign-economic bank), pricing, financial, customs and tax policy; forms the state budget and monetary fund.
The Abkhaz ASSR establishes the National Bank subordinated to the Supreme Council of the Republic.
14. The Abkhaz ASSR shall independently establish the order for the environmental protection on the territory of Abkhazia and guidelines for the management of the natural resources.
The Abkhaz ASSR has the right to bar any construction or suspend the operation of any institution, agency or organization, which pose at threat to the ecological security.
15. The Abkhaz ASSR shall freely decide the issues related to the scientific, cultural, educational and spiritual development of the Abkhaz nation; it shall secure the rights of all nationalities, residing on the territory of Abkhazia, on national and cultural development.
The Abkhaz ASSR shall secure national-cultural revival of the Abkhaz people, its historical perception and traditions, national-ethnographical characteristics, Abkhaz language functioning in all spheres of the life.
The Abkhaz ASSR shall take care of the Abkhazs residing in foreign countries in order to satisfy their national, cultural, spiritual and language needs.
The Abkhaz ASSR affirms its right on return and establishes the conditions for return of the part of deported Abkhaz people.
The national, cultural and historical valuables on the territory of he Abkhaz ASSR shall be property of the Abkhaz people.
The Abkhaz ASSR shall have the right to return at the possession of the Abkhaz people the national, cultural and historical valuables outside of the Abkhaz ASSR.
The State language on the territory of the Abkhaz ASSR is the Abkhaz language; Abkhaz, Georgian and Russian languages are official languages of the Abkhaz ASSR.
The declaration is a basis for the new Constitution of the Abkhaz ASSR and states on the position of the Republic at the conclusion of the Union Treaty and the Treaty with the Georgian SSR.
Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Kobakhia
Secretary of the Presidium of the Supreme Council of the Abkhaz ASSR I. Kvitsinia
25 August 1990
(Newspaper “Sovetskaia Abkhazia”, # 164, 28 August 1990)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on the Decision Taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990
Having addressed the declaration issued by the Supreme Council of the Abkhaz ASSR on State Sovereignty of the Soviet Socialist Republic of Abkhazia and decree on Legal Guaranties for protection of Statehood of Abkhazia, the Supreme Council of the Georgian SSR regards the aforementioned decisions, aimed at changing the nation-state and administrative-territorial arrangement of the Georgian SSR, as absolutely groundless steps and constitute gross violation of the Constitutions of the Georgian SSR, Abkhaz ASSR and the USSR.
Those actions and decisions, distorting historical facts and current political realities, inflict serious damage to the best interests of peoples of our multi-ethnic Republic, inter-ethnic relations, impede the process of democratization and establishment of state based on the rule of law, where the interests of the Abkhaz people, as well as interests of all other nationalities living in the Republic, shall be guaranteed and protected by the law.
The Presidium of the Supreme Council of the Georgian SSR Decrees:
1. To declare the declaration issued by the Supreme Council of the Abkhaz ASSR on 25 August 1990 “State Sovereignty of the Soviet Socialist Republic of Abkhazia” and decree on “Legal Guaranties for State protection “ null and void and having no legal force.
2. Commission, set up pursuant to the decree issued by the Supreme Council of the Georgian SSR - composed of experts, scientists, representatives of civil society and studying the issue of legal guaranties for state protection of the Abkhaz ASSR, shall submit, in the nearest future, proposals to the Presidium of the Supreme Council of the Georgian SSR for further deliberation.
The Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
The Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
26 August 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 8, p. 15-16)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the 10th Session of the Supreme Council of the Abkhaz ASSR of the 11th Convocation
Having addressed the report of the Deputy Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V.G. Kholbaia “on the 10th Session of the Supreme Council of the Abkhaz ASSR”, the Supreme Council of the Abkhaz ASSR gathered at its extraordinary Session notes that on 25 August 1990 the group of deputies of the Supreme Council of the Abkhaz ASSR adopted the resolution “On legal guaranties of the State Protection” and the Declaration “On state Sovereignty of the Soviet Socialist Republic of Abkhazia”.
Groundless and malicious accusations toward Georgia and Georgian people, ignorance of historical justice reflected in the reports and speeches and formalized in the issued Decree lead to the confrontation and destabilization.
The Supreme Council and the leadership of the Presidium failed to march in step with the process of reforms and democratization. They failed to elaborate recommendations in order to solve the accumulated problems, including the problems relating to the inter-ethnic relations. For more than a year and a half we have failed to convene the session and discuss already matured vital important issues, those that shall be solved expeditiously.
But since June of this year the leadership of the Supreme Council has made several attempts to discuss the main issues without prior consultations with the public and deputies. Consequently the thousands of working people at their meetings and gatherings expressed their negative attitude toward the idea of the state sovereignty of Abkhazia unilaterally formulated by certain groups of people.
Expressing their attitude to the Session of 28 July 1990, more than 80 deputies of the Supreme Council of the Abkhaz ASSR out of 140 boycotted it. A large group of the Soviet and Party officials, representatives of the working people, many citizens of Abkhazia protested the Decree of the Presidium. The meeting of the People’s Deputies of all levels, representing the vast majority of the population of Abkhazia adopted the declaration on 23 August on holding the session on August 25 of this year with the noted agenda. However, these valid requests, aimed at normalization of the situation at the Supreme Council, haven’t been heard and responded by the Presidium.
On 25 August 1990 the group of deputies arbitrarily gathered themselves in the session Hall of the Supreme Council of the Abkhaz ASSR. Some of them where delivered there against their will. The supreme Council made an attempt to declare the independence of Abkhazia without taking into account the desire of the vast majority of the indigenous population, considering that the Abkhazs “are authorized” to live in their common homeland - Georgia on the basis of a treaty-relation.
Confidentially prepared draft of the declaration hasn’t been published. Even the most of the Deputies of the Presidium knew nothing about the declaration that became unexpected surprise for the deputies that had gathered at the hall. The organizers of the session hesitated to include into agenda the issue regarding the declaration.
The preparation of the session and its conduct was a vivid example of the usurpation of the sovereign rights of the people and such conduct cannot be abandoned without the adequate response and reasonable counter-measures.
We reaffirm that all people have undeniable right to determine the own destiny but we have to give a political assessment to the situation established in Abkhazia and to those acts the decision on state independence is based on.
In accordance with the Decree of the Presidium of the Supreme council of the Georgian SSR of 26 August 1990 “on the Decision Taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990”, the issued documents shall be recognized null and void and having no legal force…
The Supreme Council of the Abkhaz ASSR decrees:
1. To abrogate anti-Constitutional, unlawful and legally groundless Decision taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990 “On legal Guaranties of the State protection of Abkhazia” that violates the territorial integrity of Georgia and to denounce “the Declaration on Abkhazia’s State Sovereignty” as it runs counter to the legal interests of the vast majority of the population of Abkhazia.
2. To condemn the accusations toward Georgia and Georgian people announced at the Session on 25 August 1990. Such allegations do not correspond to the historical justice and lead the confrontation and destabilization.
3. To endorse the Decree of the Presidium of the Supreme Council of the Georgian SSR of 26 August 1990 “on the Decision Taken by the Supreme Council of the Abkhaz ASSR on 25 August 1990” as the document responding to the legal interests of the vast majority of the population of Abkhazia.
4. To set up a Commission of Deputies for investigation the facts of breach of the regulations, procedural issues and order of registration of deputies, as well as the facts of exerting influence upon certain deputies using unlawful and non-democratic methods, which took place at the Session on 25 August 1990.
8. To forward this Decree to the Supreme Council of the USSR, Supreme Council of the Georgian SSR and Supreme Council of the RSFSR; to publish the Decree in press.
The Deputy Chairman of the Presidium of the Supreme council of the Abkhaz SSR V. Kholbaia
For the Secretary of the Presidium of the Supreme council of the Abkhaz SSR R. Salukvadze
31 August 1990
(Newspaper “Sabchota Abkhazeti” # 171, 6 October 1990)
DECISION TAKEN BY THE 14TH SESSION OF THE OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN AUTONOMOUS OBLAST OF THE 20TH CONVOCATION on reorganization of the South Ossetian Autonomous Oblast into the Soviet Democratic Republic of South Ossetia
The 14th Session of the Oblast Council of the People’s Deputies of the South Ossetian Autonomous Oblast of the 20th convocation decides:
1. To reorganize the South Ossetian Autonomous Oblast into the Soviet Democratic Republic of South Ossetia.
2. To appeal to the Supreme Council of the USSR to include the Soviet Democratic Republic of South Ossetia within the USSR as an independent subject.
3. To appeal to the Union Republics of the USSR to conclude the union-treaties on friendship, cooperation and mutual assistance with the Soviet Democratic Republic of South Ossetia.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 180, 22 September 1990)
DECLARATION of State sovereignty of the Soviet Democratic Republic of South Ossetia
The Council of People’s Deputies of the South Ossetian Autonomous Oblast, expressing the will of the people of the South Ossetia, acknowledging the responsibility to the destiny of the Ossetian nation, recognizing the undeniable right of the Ossetian people to free self-determination… declares:
The South Ossetian Autonomous Oblast as the South Ossetian Soviet Democratic Republic (SOSDR in short) within the USSR; the State sovereignty as the superiority; independence and full state power within the borders of its territory; authorization of its laws; independence of the Republic in foreign relations.
(…)
Intrinsic and necessary condition for further development of the Ossetian Soviet Democratic Republic is its full independence in decision-making on political, social and economic spheres outside the issues voluntarily rendered within the competence of the USSR after admission of the SOSDR to the USSR. The integral rights of the South Ossetian Soviet Democratic Republic, as a sovereign State, shall be realized pursuant to the universally recognized norms of the international law.
(…)
The people of the South Ossetia are the sole source of state power in the South Ossetian Soviet Democratic Republic.
The State power of the South Ossetia shall be exercised:
- on the basis of the Constitution of the USSR and the Constitution of the South Ossetian Soviet Democratic Republic that secure the sovereignty, equality and security of the SOSDR;
(…)
Outside of competences voluntarily rendered to the USSR, the South Ossetian Soviet Democratic Republic is free in decision-making of its internal and foreign policy…
If the law or other legal acts of the USSR contradict to the sovereign rights and legal interests of the South Ossetia, the effect of such acts in the territory of South Ossetia shall be suspended by the supreme state power of the SOSDR and the appropriate decision shall be made by the relevant agency.
(…)
The SOSDR grants the state citizenship on its territory.
Every citizen of the SOSDR retains the citizenship of the USSR.
(…)
The state languages of the South Ossetian Soviet Democratic Republic are Ossetian, Georgian and Russian.
(…) The State security of the SOSDR shall be secured:
- internal security - by municipal formations of the militia and the Ministry of Interior of the USSR, state security - by principles of the peaceful co-existence, cooperation and non-interference in internal affairs of other States and people; in case of offence against South Ossetia the state security shall be protected by the military troops of the USSR where the soldiers from the SOSDR perform the military service.
(…)
The SOSDR, as a subject of the USSR and the subject to the International Law shall independently exercise foreign affairs in compliance to the agreements concluded on the basis of equality, mutual-respect and principles of non-interference in internal affairs of any other state.
The SOSDR shall have special relations with the North Ossetia.
Affirming the unity of history, culture, language and interests of the national development, these relations shall be based on priority of cultural and economic integration of the SOSDR and the North Ossetian ASSR (NOASSR).
(…)
SOSDR shall have its National Emblem, Flag and Anthem.
(…)
The principles of this Declaration of the State Sovereignty of the South Ossetian Soviet Democratic Republic shall be the basis for:
- admission to the USSR as an independent subject; adoption of Constitution and Laws of the SOSDR;
- determination of rights and competences of the SOSDR as an independent subject to the Union Treaty;
- participation in the Union Treaty.
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 193. 13 October 1990)
DECISION TAKEN BY THE 14TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on the laws valid in the territory of the South Ossetian Autonomous Oblast.
The 14th session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation notes that the Supreme Council of the Georgian SSR at its sessions in November 1989 and in 9 March and 20 July of 1990 adopted the resolutions on declaration of the restoration of the state independence. They recognize the Treaty of 7 May 1920 between Georgia and Russia as the only legal instrument for the existence of the Republic of Georgia.
Establishment of the Soviet Power in Georgia in February of 1921 is assessed as the overthrowing of the legal power of the Georgian Democratic Republic. All existing state structures and agreements concluded after February 1921 are declared null and void, including Union Treaty of 30 December 1922 on establishment of the USSR.
As the South Ossetian autonomous oblast has been established after February 1921, and at the same time pursuant to the aforementioned resolutions of the Supreme Council of Georgia it is declared as illegal and void, the Constitution of the USSR and the Law of the USSR in accordance of Article 74 are only legal guarantors for existence of the South Ossetian Autonomous Oblast.
Based upon aforementioned the 14th Session of the South Ossetian Oblast Council of the People’s Deputies of the 20th convocation decides:
To recognize the Constitution of the USSR and other legal acts of the USSR as the only instruments having legal force at the territory of the South Ossetian autonomous oblast.
Chairman of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom
of the People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 203, 27 October 1990)
EXTRACT FROM THE DECISION OF THE 14th SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on Moratorium of Purchasing and Selling the Houses and on “propiska” Procedures on the Territory of the Oblast.
Taking into account serious complication of demographic situation in the Oblast, unlawful purchasing of real estates, unauthorized appropriation of land, breach of passport regime and increasing pressure on the authorities of the Oblast from the side of informal organizations of the Republic aimed at unlawful possession of land, as well as forcible deportation of Ossetian ethnic from the villages with Georgian majority of population, the 14th Session of the South Ossetian oblast Council of People’s Deputies of the 20th Convocation decrees:
1. To declare the moratorium on purchasing and selling the real estates and houses without prior approval of the Commission on Refugees and Displaced persons of the Oblast Council.
Chairman of the Ispolcom of the Council
of People’s Deputiesof the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 202, 26 October 1990)
DECISION TAKEN BY THE 14TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on Declaration the South Ossetian Autonomous Oblast as a Free Zone of Economy
The 14th Session of the South Ossetian oblast Council of the People’s Deputies of the 20th Convocation decrees:
1. To declare the South Ossetian Autonomous Oblast as a Free Zone of Economy.
2. To set up Commission for elaboration of the directions for introduction of free economic zone in the territory of the South Ossetia.
(…)
The Commission in three-month term shall elaborate the proposals on the aforementioned issue to be discussed by the Ispolcom of the Council of people’s Deputies of the South Ossetian Autonomous Oblast.
3. The Ispolcoms of Java, Znauri, Leningori and Tskhinvali Districts of the Councils of people’s deputies within a month shall discuss and decide the issue on determination of specialization of the zones in the region and the materials shall be submitted to the Oblast Commission and the Oblispolcom of the South Ossetia.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 187, 26 October 1990)
DECISION TAKEN BY THE 14TH SESSION OF THE SOUTH OSSETIAN OBLAST COUNCIL OF THE PEOPLE’S DEPUTIES OF THE 20TH CONVOCATION on performance of military service in the Soviet Army by the conscripts from the South Ossetia
The 14th Session of the Oblast Council of People’s Deputies of 20th convocation of the South Ossetia notes that as a result of unstable political situation and tensed inter-ethnic relations in the USSR, in some of republics, including Georgia, a mass rejection to serve in the Soviet Army has been observed over recent years. The Supreme Council of Georgia took a decision on so-called “Alternative Military Service” that permits the conscripts of Georgian nationality to perform the military service on the territory of the Republic of Georgia within the internal formations.
The conscripts from the South Ossetia for over the years have performed their military duties before the homeland in dignity but due to the drastic changes of the inter-ethnic relations the condition of Ossetian conscripts is getting difficult and there is vital necessity to protect the interests of the youth of South Ossetia.
Proceeding from the aforementioned, the 14th Session of the Oblast Council of People’s Deputies of 20th convocation of the South Ossetia decides:
To address to the General Headquarter of the Military Forces of the USSR to decide the issue on performing the military service of conscripts from the South Ossetia in the military units deployed on the territory of the South Ossetian Autonomous oblast or in the North Ossetian SSR.
Chairman of the Ispolcom of the Council
of People’s Deputies of the South OssetianAutonomous Oblast F. Zaseev
Secretary of the Ispolcom of the Council
of People’s Deputies of the South Ossetian Autonomous Oblast I. Kokoev
20 September 1990
(Newspaper “Sovetskaia Ossetia”, # 202, 26 October 1990)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE GEORGIAN SSR on Decision Taken on 20 September 1990 by the Oblast Council of the People’s Deputies of the Autonomous Oblast of the South Ossetia
Having addressed the decision taken by the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on Sovereignty and Political Status of the South Ossetia, the Supreme Council of the Georgian SSR regards the aforementioned decision, aimed at changing the nation-state and administrative-territorial arrangement of the Georgian SSR, violation of the state sovereignty of Georgia, as an absolutely groundless step and constitutes the gross violation of constitutions of the Georgian SSR and the USSR, as well as violation of the law on the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia.
At the same time, the session was held under intense pressure of those persons who are not deputies and in gross violation of the constitutional and procedural norms. Such a decision, taken in gross violation of the Constitution of the Republic is groundless and unacceptable not only in legal terms, but also runs counter to the best interests of all people residing in Georgia and may provoke inter-ethnic tension.
The Presidium of the Supreme Council of the Georgian SSR decrees:
1. To declare the decision taken on 20 September 1990 by the Oblast Council of the
Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on Sovereignty and Political Status of the South Ossetia as null and void and having no legal force.
2. To entrust the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia and its Executive Committee, with a task of taking all necessary measure aimed at securing strict adherence to the requirements of the Constitutions of the USSR and the Georgian SSR and the law on the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia;
3. Conclusions of the special Committee on the political status of the Autonomous Oblast of South Ossetia - set up on 18 November 1988 pursuant to the decree by the Supreme Council of the Georgian SSR - shall be sent to the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia.
Chairman of the Presidium of the Supreme Council of the Georgian SSR G. Gumbaridze
Secretary of the Presidium of the Supreme Council of the Georgian SSR V. Kvaratskhelia
21 September 1990
(Bulletin of the Supreme Council of the Georgian SSR, 1990, # 9, p. 9)
DECREE ISSUED BY THE SUPREME SOVIET OF THE USSR on Consultations and Drafting of the Concept of the new Union Treaty
The Supreme Soviet of the USSR Decrees:
1. To take notice of the information of the Chairman of Soviet of Nationalities comrade R.N. Nishanov on consultations with the representatives of the Union and Autonomous Republics, political parties and movements on elaboration of the concept of the new Union Treaty held in July-September, 1990.
2. To stress on the fact that the majority of representatives of the Republics in the course of consultations showed the community of views to the new shape of the Union, transition to the all-Union market and provision of state security that lay a sufficient ground to further elaboration of the concept of the new Union Treaty.
3. To take into account, in the process of concept elaboration, the comments and remarks expressed by the People’s Deputies of the USSR at the discussions of this issue, as well as the recommendations by the committees of the Supreme Soviet of the USSR and of the standing committees of Chambers.
4 To endorse the proposal by the President of the USSR on setting up the Preparatory Committee on elaboration of the Concept and the draft of the new Union Treaty; the Committee shall compose of plenipotentiary representatives of the Union Republics, the President of the USSR, the Chairman of the Supreme Soviet of the USSR and the Chairman of the Council of Ministers of the USSR.
To consider reasonable participation of representatives of the autonomous republics, autonomous oblasts and autonomous okrugs in the work of the preparatory Committee.
Chairman of the Supreme Soviet of the USSR A. Lukianov
Moscow, Kremlin, 1 October 1990
(Bulletin of the Peoples’ Deputies Congress of the USSR and the Supreme Council of the USSR, M., 1989, # 41, p. 1001-1002)
DECISION TAKEN BY THE 15TH (1) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC concerning the Decree of the Presidium of the Supreme Council of the Georgian SSR of 21 September 1990
15th (1) session of the People’s Deputies of the South Ossetian Soviet Democratic Republic reaffirms its decision adopted on 20 September 1990 at its 14th session on reorganization of the South Ossetian Autonomous Oblast into the South Ossetian Soviet Democratic Republic and notes that the decision has been adopted in accordance to Article 74 of the Constitution of the USSR and the 1st, 2nd and 3rd Articles of the USSR law on separation of competences between the USSR and the subjects of the federation. The 14th session ran in a composed and business atmosphere respecting all procedural norms and without placing pickets, going into strike or using the other forms of pressure.
Based upon the mentioned above, the 15th (1) session of the People’s Deputies of the South Ossetian Soviet Democratic Republic endorses its decisions adopted at its 13th and 14th sessions and considers them valid.
The Chairman of the Interim Executive Council
of the South Ossetian Soviet DemocraticRepublic T. Kulumbegov
The Secretary of the Interim Executive Council
of the South Ossetian Soviet DemocraticRepublic K. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, # 197, 19 October 1990)
DECREE OF THE 15TH SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC on the Law of the USSR “on Property in the USSR”
In accordance to the law of the USSR “on Property in the USSR” (chapter IV, Article 20, paragraph 1) the land and entrails, waters, flora and fauna are integral property of the people of South Ossetia.
The Democratic Republic of South Ossetia within the frame of the legislation of the USSR and its own legal acts shall exercise possession, appropriation and management of land and other natural resources on its territory.
Chairman of the Interim Executive Committee
of the Democratic Republic of South Ossetia T. Kulumbegov
Secretary of the Interim Executive Committee
of the Democratic Republic of South Ossetia I. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, # 199, 23 October 1990)
DECISION TAKEN BY THE 15TH (1) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC on the attitude towards the election of Deputies to the Supreme Council of the Georgian SSR
The decision of the 14th session of the South Ossetian Oblast Council of the People’s Deputies has reorganized the South Ossetian Autonomous oblast into the South Ossetian Soviet Democratic Republic.
The 15th (1) session of the People’s Deputies of the South Ossetian Soviet Democratic Republic decides:
1. To declare illegal the functioning of the polling districts and stations, as well as participation of the population in the election of the Supreme Council of Georgia on the territory of the South Ossetia.
2. To ask the Central Electoral commission of Georgia for abolishment of the district electoral commissions created at the territory of the South Ossetia.
The Chairman of the Interim Executive Council
of the South Ossetian Soviet Democratic Republic T. Kulumbegov
The Secretary of the Interim Executive Council
of the South Ossetian Soviet Democratic Republic K. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, # 202, 26 October 1990)
DECISION TAKEN BY THE 15TH (1) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC on the letter of 9th session of the South Ossetian oblast Council of 6 May 1989 regarding the condemnation of the authors of “The Letter to Abkhaz Friends”
As it is known, the 9th session of the South Ossetian oblast council of the 20th convocation on 6 May 1989 sent a letter to the Supreme Council of the Georgian SSR condemning the authors of “The Letter to Abkhaz Friends” where the authors expressed their concern with regard of informal organizations of Georgia, which bred the tense in Abkhazia. The same letter also voiced certain dismay about possible inter-ethnic conflict in the Abkhaz SSR.
On the basis of the declaration of the 9th session, some of the authors of the letter were brought to the criminal liability under Article 74 of the Criminal Code of Georgia.
Inter-regional group of Deputies of the 15th session of the People’s Deputies of the South Ossetian Democratic Republic expressed its protest against this decision on 16 October 1990 and demanded to re-consider this issue.
The eminent lawyers learnt the text of the letter in 1989 and found nothing to be used for criminal prosecution against the authors. All the more, the prognosis of the letter came true.
Proceeding from the aforementioned, the 15th session of the People’s Deputies of the South Ossetian Democratic Republic decides:
1. To consider unlawful the criminal prosecution against the authors of the “Abkhaz Letter” of A. Parastaev, A. Tskhovrebov, A. Chochiev.
2. To file the motion to the Prosecutor’s office of the South Ossetian Democratic Republic on termination of the criminal prosecution against A. Parastaev, A. Tskhovrebov, A. Chochiev.
3. To file the motion to the Prosecutor’s Office of the South Ossetian democratic Republic to bring to justice those Deputies of 9th session that cast aspersions on the authors of the letter.
4. To publish in the Oblast newspaper the Decree adopted by the 15th Session.
To forward the copy to the Prosecutor’s Office of the Georgian SSR.
5. To forward the copy of the decree together with the text of “Abkhaz Letter” to the Prosecutor’s Office of the USSR.
Chairman of the Interim Executive Committee
of the Democratic Republic of South Ossetia T. Kulumbegov
Secretary of the Interim Executive Committee
of the Democratic Republic of South Ossetia I. Kokoev
16 October 1990
(Newspaper “Sovetskaia Ossetia”, #199, 23 October 1990)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE GEORGIAN SSR on the Decision to change the status of the Oblast taken by the Oblast Council of the People’s Deputies of the Autonomous Oblast of the South Ossetia.
The Supreme Council of the Georgian SSR notes with a deep concern that recent separatist movement is gaining momentum in the Autonomous Oblast of South Ossetia, thereby undermining territorial integrity and sovereignty of the Republic of Georgia.
The very telling proof of the aforementioned is a decision taken by the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on turning the Oblast into the so-called “The Soviet Democratic Republic of South Ossetia”.
Through its decree of 21 September 1990, the Supreme Council of the Georgian SSR declared null and void and invalidated the decision, dated 20 September 1990, taken by the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia.
However, on 16 October 1990 the 15th session of the Council of Autonomous Republic was summoned that endorsed its previous decision and elected so-called “ Executive Committee of the Soviet Democratic Republic of South Ossetia” and adopted temporary procedure for elections to the Supreme Council of the Soviet Democratic Republic of South Ossetia and to local councils of the South Ossetia. The elections are to be held on 2 December 1990:
The Supreme Council of the Republic of Georgia decrees:
To declare null and void the decision of the Oblast Council of the Peoples’ Deputies of the Autonomous Oblast of the South Ossetia on turning the Oblast into the so-called “The Soviet Democratic Republic of South Ossetia” and all attendant decisions, including the one on holding elections on 2 December 1990, since these decisions are not in conformity with the current Constitution of Georgia, either with the Constitution of the USSR and the decree of the Supreme Council of Georgia, dated 2 September 1990.
The Supreme Council of the Republic of Georgia calls upon all citizens residing in the Autonomous Oblast of South Ossetia, especially ethnically Ossetians, to demonstrate common sense, political far-sightedness and adequately assess the dangerous activities of the separatist forces that may well result in general destabilization and attendant dire consequences.
The Supreme Council of the Republic of Georgia declares that it will continue its unswerving struggle for territorial integrity and sovereignty of the Republic of Georgia. At the same time, it reaffirms its determination to protect, in full conformity with the universally recognized principles of human rights, fundamental freedoms and rights of ethnic minorities residing in Georgia.
The Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
22 November 1990
(Bulletin of the Supreme Council of the Republic of Georgia, 1990, # 11, p. 57-58)
DECISION OF THE 16TH (2) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET DEMOCRATIC REPUBLIC to Rename the South Ossetian Soviet Democratic Republic as the South Ossetian Soviet Republic
The 16th (2) session of the People’s Deputies of the Republic decides:
1. To Rename the South Ossetian Soviet Democratic Republic as the South Ossetian Soviet Republic.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South OssetianSoviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South OssetianSoviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December, 1990)
DECISION TAKEN BY THE 16TH (2) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET REPUBLIC on the status of the South Ossetian Soviet Republic
Having discussed the draft of a new Union Treaty, the 16th (2) session of the Council of the People’s Deputies of the South Ossetian Soviet Republic decides:
1. To ask repeatedly the Congress of the People’s Deputies of the USSR, The Supreme Council of the USSR for the recognition of the South Ossetian Soviet Republic, as a subject to the Federation and its consideration as a full-fledged Party when a new Union Treaty is being signed.
2. To entrust the People’s Deputies of the USSR from the South Ossetia with the task of informing the participants of the Fourth Congress of the People’s Deputies of the USSR about the current decision.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December 1990)
DECISION TAKEN BY THE 16TH (2) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET REPUBLIC on changes of the title of the Interim Executive Council of the People’s Deputies of the South Ossetian Soviet Democratic Republic
The 16th (2) session of the Council of the People’s Deputies of the South Ossetian Soviet Republic decides:
To exclude from the title of the “Interim executive council of the People’s Deputies of the South Ossetian Soviet Democratic Republic” the words “interim” and “democratic” and hereinafter call it the Executive Council of the People’s Deputies of the South Ossetian Soviet Republic.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December 1990)
DECISION OF THE 16TH (2) SESSION OF THE COUNCIL OF THE PEOPLE’S DEPUTIES OF THE SOUTH OSSETIAN SOVIET REPUBLIC on the attitude towards the Resolution issued on 22 November 1990 by the newly elected Supreme Council of the Republic of Georgia “On Decision of the South Ossetian Autonomous Oblast on changing the status of the Oblast”
The 16th (2) session of the Council of the People’s Deputies of the South Ossetian Soviet Republic decides:
1. To endorse and keep valid the decisions of 13th, 14th and 15th sessions of the Council of People’s Deputies of the South Ossetia relating to the legal status and the election of the People’s Deputies to the Supreme Council of the South Ossetian Soviet Republic of 9 December 1990.
2. To deliver the information regarding this Decision to the President of the USSR Comr. Gorbachev, the Supreme Council of the USSR and the Fourth Congress of the People’s Deputies of the USSR.
The Chairman of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic T. Kulumbegov
The Secretary of the Ispolcom of the Council
of the People’s Deputies of the South Ossetian Soviet Republic K. Kokoev
28 November 1990
(Newspaper “Sovetskaia Ossetia”, # 226, 1 December 1990)
LAW OF THE ABKHAZ ASSR on changes and amendments to the Constitution (Basic Law) of the Abkhaz ASSR
Article 102. The Presidium of the Supreme Council of the Abkhaz ASSR shall be fully accountable to the Supreme Council of the Abkhaz ASSR exercising the organizational activity of the Supreme Council of the Abkhaz ASSR and fulfilling other authorities within the framework determined by the Constitution of the Abkhaz ASSR and other laws of the Abkhaz ASSR.
The Presidium of the Supreme Council shall consist the following officials: Chairman of the Supreme Council of the Abkhaz ASSR, deputy chairmen of the Supreme Council of the Abkhaz ASSR, Chairman of the Chamber of Control of the Abkhaz ASSR, chairmen of the standing Commissions of the Supreme Council of the Abkhaz ASSR.
The Chairman of the Supreme Council of the Abkhaz ASSR leads the Presidium of the Supreme Council of the Abkhaz ASSR. After the expiration of the term of authority of the Supreme Council of the Abkhaz ASSR the Presidium reserves its authority until the first sitting of the newly elected Supreme Council of the Abkhaz ASSR.
Article 103. The Presidium of the Supreme council of the Abkhaz ASSR shall:
1) convene the sessions of the Supreme Council of the Abkhaz ASSR;
2) arrange the sittings of the Session of the Supreme Council of the Abkhaz ASSR;
3) coordinate the work of standing commissions and sub-commissions of the Supreme Council of the Abkhaz ASSR;
4) assist the People’s Deputies of the Abkhaz ASSR to exercise their authority and provide the necessary information;
5) approve the date for, and coordinate the election of the people’s deputies for the local councils of the Abkhaz ASSR;
6) coordinate the preparatory works and hold the referendum as well as the nation-wide discussion of the draft laws of the Abkhaz ASSR and other principal issues of the State life;
7) establish the memorial or other national days of the Abkhaz ASSR;
8) institute and award honourable titles and decorations of the Abkhaz ASSR;
9) publish in Abkhaz, Georgian and Russian languages the shorthand of reports and other acts issued by the Supreme Council of the Abkhaz ASSR, the Presidium of the Abkhaz ASSR and the Chairman of the Supreme Council of the Abkhaz ASSR;
10) The Presidium of the Abkhaz ASSR shall issue the Orders and Decrees, which shall be considered adopted if the majority of the Presidium has voted in favour.
(…)
Chairman of the Presidium of the Supreme Council of the Abkhaz ASSR V. Ardzinba
4 December 1990
(Newspaper “Sovetskaia Abkhazia”, # 236, 8 December 1990)
LAW of the Republic of Georgia on Abolition of the Autonomous Oblast of the South Ossetia
The separatist forces active in the Autonomous Oblast of the South Ossetia are seeking through the creation of the so-called “ Soviet Republic of South Ossetia” to usurp the state power, violate territorial integrity of the Republic of Georgia and separate its historical and integral part from Georgia. Such actions contradict not only the Constitution of the Republic of Georgia, but also the Constitution of the USSR and basic principles of the International Law.
Despite the numerous warnings of the supreme Authorities of the Republic of Georgia aimed to put an decisive end to the illegal actions undertaken by the self-proclaimed authorities of the Autonomous Oblast, on November 9, separatists held elections of the Supreme Council of the so called “ Soviet Republic of South Ossetia”, thereby posing serious threat to the territorial integrity of the Republic of Georgia.
Taking into consideration the fact that the Autonomous Oblast of South Ossetia was established in 1922 in full disrespect of the local Georgian population and contradicted the best interest of the Georgian people and bearing in mind the fact that the Ossetian people have their statehood on their historical homeland - the North Ossetia and that only insignificant portion of ethnic Ossetians live in the Autonomous Oblast of South Ossetia, where they enjoy, and will continue enjoying wide cultural autonomy rights, pursuant to the paragraphs 3 and 11 of Article 104 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia decrees:
1. To abolish the Autonomous Oblast of South Ossetia.
2. To abolish the Council of Peoples’ Deputies of the Autonomous Oblast of South Ossetia, its executive and steering body - the Executive Committee and other state bodies of the Autonomous Oblast.
3. To declare invalidated the Decree # 2 of 20 April 1922 adopted by the Georgian Central Executive Committee and the Council of Peoples’ Commissars of Georgia on “Establishment of the Autonomous Oblast of South Ossetia” and the Georgian SSR law on “The Autonomous Oblast of South Ossetia”.
4. To endorse previous decisions of the highest Authorities of the Republic of Georgian on anti-constitutionality of decisions made by the separatists on declaring the Autonomous Oblast of South Ossetia the Soviet Republic of South Ossetia.
To declare as illegal and invalidated the elections of the Supreme Council of the so-called “the Soviet Republic of South Ossetia” held on 9 December 1990.
5. The special Commission on the Rule of Law and Protection of Legal Acts of the Supreme Council of the Republic of Georgia shall submit proposals on introduction of necessary amendments to the Constitution and other legal acts of the Republic of Georgia.
6. The Council of Ministers of the Republic of Georgia shall:
- submit its proposals to the Supreme Council of the Republic of Georgia on administrative-territorial arrangement of the former Autonomous Oblast of South Ossetia;
- carry out all necessary measures, envisaged by the Georgian legislature, to secure public order on the territory of the former Autonomous Oblast of South Ossetia and prevent self-declared, illegal separatist bodies from carrying out their destructive activities;
- secure full conformity of decisions of the Georgian Government with this law.
1. The Prosecutor’s Office of the Republic of Georgia shall discuss and make decision on bringing to justice those individuals who have disobeyed the decision of the supreme authorities of Georgia, grossly violated Constitutionally defined rules and procedures of elections and abused power of office.
2. This law shall come into force immediately upon adoption.
Chair of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
11 December 1990
(Bulletin of the Supreme Council of Georgia, 1990, # 12, p. 10-12)
DECREE ISSUED BY HE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Introduction of State of Emergency on the territory of town of Tskhinvali and the Java District.
The Presidium of the Supreme Council of the Republic of Georgia notes that recently, as result of illegal and criminal activities of separatist forces on the territory of former Autonomous Oblast of South Ossetia, namely in Tskhinvali, situation has been extremely deteriorated; anti-Constitutional elections were held, the separatists declared he so called “Soviet Republic of South Ossetia”, the self-imposed adventurous elements have usurped power, thereby posing serious threat to civil peace, a number of terrorist acts have been committed. Today, on one of the central streets of Tskhinvali, three citizens have been killed and three wounded through usage of machine gun.
In order to protect State Sovereignty of Georgia, assure the security of citizens, restore the rule of law and order and to achieve early normalization of the overall situation, pursuant to Paragraph 7 of Article 113 of the Constitution of the Republic of Georgia, the Presidium of the Supreme Council of the Republic of Georgia decrees:
1. To introduce a State of Emergency on the territory of town of Tskhinvali and the Java district beginning from 12 December 1990. The state of emergency shall continue a month.
2. To introduce Curfew on the territory of Tskhinvali and the Java district beginning from 22:00h of 12 December 1990. The duration of Curfew shall be from 22:00h to 07:00h.
3. The Minister of Interior of the Republic of Georgia shall be entitled with a mandate of appointing and/or dismissing the Commandant of town of Tskhinvali and the Java district.
4. In order to protect human rights of citizens and maintain public order, secure proper functioning of public utilities and organizations, the armed forces of the Ministry of Interior, Ministry of State Security and military units of the Ministry of Interior of the USSR deployed in Tskhinvali and the Java district shall be used. Those laws and rules that respect the sovereign rights of the Republic of Georgia shall guide these forces.
(…)
9. This Decree shall come into effect from 22:00h of 12 December 1990 and continue until annulment of the State of Emergency.
10. To notify promptly the Supreme Council of the Soviet Union and the President of the Soviet Union on introduction of the State of Emergency.
The Ministry of Foreign Affairs of Georgia shall inform the UN Secretary- General on introduction of the State of Emergency and ask him to dispatch his observers to Georgia.
The Chairman of the Supreme Council of the Republic of Georgia Zviad Gamsakhurdia
12 December 1990
(Bulletin of the Supreme Council of the Republic of Georgia, # 12, 20-23)
DECISION TAKEN BY THE FIRST SESSION OF THE SUPREME COUNCIL OF THE SOUTH OSSETIAN SOVIET REPUBLIC on validity of the Constitution (Organic Law) on the territory of the South Ossetia
The First Session of the South Ossetian Soviet Socialist Republic notes that the Supreme Council of the Republic of Georgia has recently adopted anti-constitutional normative act infringing the sovereign rights of the people of South Ossetia. In particular, South Ossetian autonomous Oblast has been abolished by decree of the Supreme Council of the Republic of Georgia of 11 December 1990. That is a gross violation of Article 73, section 3 of the Constitution (Organic Law) of the USSR that states that the establishment of fundamentals of organization and activities of the state authority and local self-governance in the union republics is exclusively under the jurisdiction of the USSR. The Republic of Georgia practically has abolished all soviet structures and that becomes evident from the law adopted on 14 November “On changing the name of the Georgian SSR”, law “On Holding Elections of the Local governance” adopted on 11 December 1990 and others.
Pursuant to Article 74 of the Constitution of the USSR, if the law of the union republic is not in compliance with the Constitution of the USSR, the Constitution of the USSR shall have a superior legal force.
Proceeding from the aforementioned, the First Session of the Supreme Council of the South Ossetian Soviet Socialist Republic decides:
1. To suspend the validity of the Georgian laws and other legal acts, which do not comply with the Constitution of the USSR, the laws of the USSR and the law of the Georgian SSR “On the South Ossetian Autonomous oblast”.
2. To ask the relevant bodies of the USSR for re-subordination of all structures of the soviet authority under the competence of the agencies of the Soviet Union.
Chairman of he Supreme Council of the South Ossetian Soviet Republic T. G. Kulumbegov
13 December 1990
(Newspaper “Sovetskaia Ossetia”, 3 January 1991)
RESOLUTION ISSUED BY THE CONGRESS OF THE PEOPLE’S DEPUTIES OF THE USSR on general concept of the new Union Treaty and procedures of its conclusion.
1. The Congress of the People’s Deputies of the USSR… declares …for the reorganization of our Multi-national State into the voluntary and equal Union of the sovereign republics - the Democratic Federative State.
The renewed Union, based on the principles of the will of people and the declarations on the state sovereignty of the republics and autonomous entities, intends to secure … equality of the people regardless the number of population, their rights to self-determination and free democratic development, territorial integrity of the subjects of Federation.
2. To consider expedient establishment of the Preparatory Committee in order to carry out the spadework on the draft of the new Union Treaty. The Committee shall comprise the high-level authorities from the republics and autonomous entities, as well as the President of the USSR, the Chairman of the Supreme Council of the USSR and the Chairman of the Council of Nationalities of the USSR…
(…)
The Chairman of the Supreme Council of the USSR A. Loukyanov
25 December 1990
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, M., 1991, # 1. p. 7-8)
1991
DECREE ISSUED BY THE PRESIDENT OF THE UNION OF THE SOVIET SOCIALIST REPUBLICS on Certain Legal Acts Adopted in 1990 by the Republic of Georgia
On 20 September 1990 the South Ossetian Autonomous Oblast adopted the Declaration that proclaimed the South Ossetian Autonomous Oblast as the Soviet Democratic Republic of South Ossetia.
On 11 December 1990 the Supreme Council of the Georgian SSR adopted the law which abrogated the South Ossetian Autonomous Oblast established in 1922. At the same time the provisions regarding the noted Oblast have been excluded from the Constitution of the Georgian SSR and the right of the Republic on abolishment of the autonomous oblast has been introduced.
Those Acts, issued by the Oblast Council of the People’s Deputies and the Supreme council of the union republic breach the Constitution of the USSR and the established procedures for changing the status of the autonomous republic.
In accordance with Article 87 of the Constitution of the USSR the South Ossetian Autonomous Oblast exists within the Georgian SSR. Pursuant to the Constitution of the USSR (Article 73, Paragraph 2) and the law “On Distribution of Competences Between the USSR and the Subjects of the Federation” (Article 6, paragraph 2), any decision on changing the status of the autonomous entities enters into legal force only after the supreme bodies of the USSR have approved it.
Based on Article 1273, Paragraph 1 and 2, I decree:
1. Pursuant to the Constitution of the USSR and the Law of the USSR “On Guarantees of Implementation of the Laws and Other Legal Acts of the USSR”, aforementioned Acts issued with a breach of current legislation by the organs of the Georgian SSR and the autonomous Oblast of the South Ossetia included in the Georgian SSR, have no legal force since their adoption and the state and public organizations, as well as economic institutions, enterprises, establishments and the citizens are not liable to implement them.
2. To entrust the Supreme Council and the Government of the Georgian SSR, local Councils of the People’s Deputies, law-enforcement agencies of the Republic with the task of securing the requirements of the constitution of the SSR and the Laws of the USSR regarding the protection of the rights and legal interests of citizens residing on the territory of the South Ossetian Autonomous Oblast.
3. To withdraw within three days all military formations from the territory of the South Ossetian Autonomous Oblast except the troops of the Ministry of Interior of the USSR.
4. Within five days the leadership of the Republic shall submit the information to the president of the USSR on measures carried out for the regulation of the situation in the Republic.
5. The current Decree shall enter into force with immediate effect.
President of the Union of the Soviet Socialist republics M. Gorbachev
7 January 1991
(Bulletin of the Congress of the People’s Deputies and the supreme Council of the USSR, 1991, # 2, p. 118-119)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree issued by the President of the USSR on 7 January 1991
The Supreme Council of the Republic of Georgia having acquainted itself with the Decree issued by the President of the USSR on January 7, 1991 deems it necessary to decree the following:
1. The Decree issued by the President of the USSR, which does not recognize legality of the decree issued on January 7, 1991 by the Supreme Council of the Republic of Georgia on Abolition of the Autonomous Oblast of South Ossetia, is anti-constitutional due to the following circumstances:
a) In accordance with the Constitutions of the Republic of Georgia and the USSR, the Republic of Georgia is a sovereign State and within its borders exercises supreme authority (Article 70 of the Constitution of the Republic of Georgia and Article 78 of the Constitution of the USSR), and all state organs, civil organizations, enterprises and other legal entities located on the territory of Georgia are obliged to strictly adhere and implement laws and other legal acts of the Republic of Georgia. Therefore, not a single body of the USSR is authorized to invalidate legal acts of the Republic of Georgia;
b) In accordance with the Constitutions of the Republic of Georgia and the USSR, the Supreme Council of the Republic of Georgia is authorized to make decisions on any issues relating to nation-building. Having applied this constitutional right, the Supreme Council of the Republic of Georgia abolished the illegally created Autonomous Oblast of South Ossetia, which became the bulwark for extremists and separatists carrying out not only the policy of discrimination and suppression of the local Georgian population, but they are also doing their utmost to separate this region from Georgia;
c) In accordance with the Constitution of the USSR, the Supreme Council of the USSR is authorized to endorse the creation of new autonomous entities (Article 73 paragraph 2) while taking decisions on this issue is under the jurisdiction of Union Republics (article 72 paragraph 3 of the Constitution of the Republic of Georgia).
The Decree on Abolition of the Autonomous Oblast of South Ossetia has not been submitted for endorsement to the Supreme authority of the USSR, since there is no such a legal mechanism provided by either the Constitution of the USSR or the Constitution of the Republic of Georgia. The law “on Separation of Authorities between the USSR and Subjects of the Federation”, adopted on 26 April 1990, despite all its anti-constitutional character, did not provide mechanism for endorsement of decisions on abolishment of an Autonomous Oblast.
The Supreme Council of the USSR is obliged to remove from Article 87 of the Constitution of the USSR provision on Autonomous Oblast of South Ossetia as a constituent part of the Republic of Georgia, with the purpose of bringing the Constitution of the USSR in line with the legal and factual reality.
2. The Supreme Council of the Republic of Georgia does not belittle the right of people to self-determination, including right to creation a new state, however, it deems absolutely unacceptable the application of the above mentioned rights by those ethnic minorities living in Georgia and having their own statehood outside the frontiers of the Republic of Georgia. The International Law itself guarantees for ethnic minorities only cultural autonomy and equality in all spheres of life (Article 27 of International Convention on Civil and Political Human Rights, recently adopted the Paris Charter for New Europe and other legal acts) and those rights have always been and are guaranteed and respected to the maximum extent in Georgia for representatives of all ethnic minorities.
It also should be mentioned that in addition to the Autonomous Oblast with 65 000 population, there are more than 100 000 Ossetian nationals residing in defferent regions of Georgia and enjoiyng the civil, economic and cultural rights.
3. The Supreme Council of the Republic of Georgia deems the stance assumed by the highest state bodies of USSR and personally by the President of the USSR unacceptable, since during the whole period of separatist and activities carried out by the Peoples’ Deputies of Autonomous Oblast, when it adopted unambiguously anti-constitutional legal acts (dated of September 20 and October 16 of 1990), the Union bodies failed to react in any official manner and did not support the Supreme Council of the Republic of Georgia and its Presidium, the very body that, in full conformity with relevant provisions of the Constitution of the USSR- so often referred to by the President of the USSR- had declared anti-constitutional activities carried out by the Council of Peoples’ Deputies of Autonomous Oblast.
If we are to take face value the Constitution of USSR, it is an obligation of the Union, and first of all of President of the USSR, to secure constitutionally guaranteed sovereignty and territorial integrity of the Union Republics.
In fact, the Union organs encouraged the separatists in their illegal activities; on 9 December 1990 so called elections were held in the illegally created “republic”. However, the President of the USSR, as well as the Presidium of the Supreme Council of the USSR preferred to turn blind eye to this unlawfulness.
The President of the USSR responded to this fact only when the Supreme Council of the Republic of Georgia had to abolish the South Ossetian Autonomous Oblast that practically had been abolished upon the decree of the Oblast Council on reorganization of the Autonomous Oblast into Autonomous Republic independent from Georgia.
It’s worth to be mentioned that announcement of the State of Emergency was based on the prior negligence of the authorities of the USSR to the facts of separatism. They didn’t respond the facts of murder of Georgian law-enforces in Tskhinvali though there were the troops of the Ministry of Interior of the USSR.
Backed from the center, the extremists made a rule to attack Georgian law-enforcers that are dispatched there to maintain public order. Often they are taken hostage.
Due to the established situation Georgian law-enforcers failed to seize the guns and ammunitions that were under the possession of the impudent extremists.
The Decree of 7 January 1991 issued by the President of USSR and calling for withdrawal of all armed formations- save for the troops of Ministry of Interior of USSR- from the region is devoid of any moral and legal rational.
There are no “armed formations” in the region, save for Ossetian extremist, who thanks to negligence and on the part of the troops of Ministry of Interior of the USSR, are hunting for representatives of the Ministry of Interior of Georgia. Unfortunately, the presidential decree failed to mention this deplorable fact. Troops of the Ministry of Interior of the Republic of Georgia are carrying out activities aimed at stabilization of the situation in the region during the curfew.
Involvement of troops of the Ministry of Interior and State Security of the Republic of Georgia for maintaining public order is clearly envisaged by both the legislatures of the Republic of Georgia and the USSR. This is one of the sovereign rights of the Republic not a single Union body, including the President of USSR, is authorized to limit the Republic of Georgia in exercising its jurisdiction and maintaining public order during the curfew. Moreover, the Union bodies had approved introduction of a regime of curfew.
The order of the President entailed the tragic events in a few hours after its publication. Encouraged by this Act the extremists attacked the Georgian Policemen. The attack caused the casualties.
It should be noted, that the presidential decree, on the one hand, questions the legality of the Georgian law and indicates on necessitate to undertake some steps, on the other hand, it turns blind eye to the necessity of abolition of structures of the so called Soviet Democratic Republic of South Ossetia.
The Supreme Council of the Republic of Georgia decrees:
1. To endorse the decree issued on December 11, 1990 by the Supreme Council of the Republic of Georgia “on Abolition of the Autonomous Oblast of South Ossetia”.
2. To submit a proposal on introduction of relevant amendments to Article 87 of the Constitution of the USSR to the Supreme Council of the USSR.
3. To note that the decree issued by the President of the USSR considered illegal acts by the Council of People’s Deputies of the Autonomous Oblast of South Ossetia on creation of the so called Soviet Democratic Republic of South Ossetia.
4. To consider illegal the decree calling for withdrawal of militia detachments of the Ministry of Interior of the Republic of Georgia from the region, for the detachments are functioning on the Georgian territory to secure public order and acting in full conformity with the existing legislation.
6. To consider the USSR presidential decree of 7 January 1991 as gross interfйrence in internal affairs of Georgia and encroachment on its territorial integrity, disrespect for sovereign rights of the republic and its people that found its reflection in distortion of the official title of the Republic of Georgia- in the decree the old title of Georgia-the Georgian SSR had been used.
7. It amounts to gross violation of supremacy of legally elected state authority and principle of territorial integrity to prevent the state authorities to use its own law enforcing bodies to control an integral part of its own territory.
In case if the troops of the Ministry of Interior of the USSR deployed in the region would venture to forcefully remove the low enforcement organs of the Republic of Georgia from the region, such an action will be considered as initiation of war by the center against Georgia.
Responsibility for consequences of such actions before the international community shall fully lie on the supreme authorities of the USSR and personally on the President of the USSR.
8. The decree shall come into force immediately upon adoption.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
9 January 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 1, p 10-15)
RESOLUTION OF THE JOINT SESSION OF THE SUPREME COUNCIL OF THE NORTH OSSETIAN SOVIET SOCIALIST REPUBLIC AND VLADIKAVKAZ CITY COUNCIL OF THE PEOPLE’S DEPUTIES
The Supreme Council of the North-Ossetian SSR and Vladikavkaz City Council of People’s Deputies express their deep concern at the events in the South Ossetia.
Escalation of tension in the region has started since the adoption of the Declaration of Independence of 20 September 1990 by the South Ossetian Democratic Republic and abolishment of the South Ossetian Autonomous Oblast by the Republic of Georgia under Decree issued on 11 December 1990.
Attempt to solve the extremely difficult situation through the forcible measures and detachment to Tskhinvali and adjacent territories the units of the Ministry of Interior and the State Security Ministry of Georgia exacerbated the public-political situation in the region resulting in human casualties. These tragic events found sad echo among the population of the North-Ossetia.
Thousands of our countrymen have the relatives in Georgia and in South Ossetia. The matter regards not only Ossetians as there are more than 12 thousand Georgians residing in Vladikavkaz. We cannot remain indifferent and just spectators to the events and we are going to make our contribution in order to speed up the process of stabilization in the South Ossetia through peaceful and legal measures.
The joint extraordinary session of the Supreme Council of the North-Ossetian Soviet Socialist Republic and the Vladikavkaz City Council of the People’s Deputies resolves:
1. To endorse and support the Decree issued by the President of the USSR “On certain legal acts adopted in December of 1990 by the Georgian SSR” aimed at stabilization of the public-political situation in the South Ossetia.
2. The Councils of People’s Deputies, Ministries and state agencies, labour collectives and public organizations shall actively facilitate the process of stabilization and defusing the explosive situation in the South Ossetia and around it through peaceful means of conflict resolution.
3. To approve the texts of the Appeal to the People of the South Ossetia and Georgia and of the telegram to the President of the USSR.
Chairman of the Supreme Council of the North-Ossetian SSR A. Kh. Galazov
10 January 1991
(Newspaper “Sovetskaia Ossetia”, # 8, 11 January 1991)
DECREE ISSUED BY THE SUPREME SOVIET OF THE USSR on organization and measures for holding the Referendum of the USSR on the issue of preserving the Union of Soviet Socialist Republics
Based on the fact that only the People may take a burden of historical responsibility before the fate of the USSR, and in order to implement the decisions of the Forth Congress of the People’s Deputies of the USSR and in compliance with the legislation of the USSR on the Referendum, the Supreme Soviet of the USSR Decrees:
1. To hold on the whole territory of the USSR the Referendum of the USSR on preserving the USSR as a federation of equal republics on Sunday, 17 March 1991.
2. To include in the secret ballot-paper the following wording of the question put to the Referendum and the versions of voters’ answers:
“Do you consider necessary preservation of the Union of Soviet Socialist Republic as a renewed federation of equal sovereign republics, in which the human rights and freedoms will be fully secured for a person of any nationality”.
“Yes” or “No”
3. To consolidate the results of voting for the All-Union taking into account the results of voting in each Republic separately.
10. In accordance with Article 29 of the Law of the USSR “on the Public Referendum of the USSR”, the decision made through the Referendum of the USSR is final, binding on the whole territory of the USSR and may be revoked or changed solely through the new Referendum of the USSR.
Chairman of the Supreme Soviet of the USSR A. Lukianov
Moscow, Kremlin, 16 January 1991
(Bulletin of the Peoples’ Deputies Congress of the USSR and the Supreme Council of the USSR, M., 1991, # 4, p. 161-162)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE USSR on Information of the Group of People’s Deputies Visiting the Georgian SSR and the South Ossetia
The presidium of the Supreme Council of the USSR decrees:
1. To take notice of the information of the Group of People’s Deputies Visiting the Georgian SSR and the South Ossetia on the instruction of the Supreme Council of the USSR.
2. To consider necessary the application of additional measures for implementation of the Decree of the President of the USSR “on Certain Legal Acts Adopted in 1990 by the Georgian SSR”.
3. To familiarize with, and forward the information to the Cabinet of Ministers of the USSR, Ministry of Defense of the USSR and the Ministry of Interior of the USSR.
The Chairman of the Supreme Council of the USSR A. Lukyanov
22 January 1991
(Bulletin of the Congress of the People’s Deputies and the Supreme Council of the USSR, 1991, # 5, p. 204)
DECREE ISSED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Conscription of Draftees for the Service in the Interior Troops-National Guard in 1991
Pursuant to Article 61 of the Constitution of the Republic of Georgia and the law of the Republic of Georgia on the “Creation of Interior Troops-National Guard of the Republic of Georgia” adopted on 20 December 1990 and in order to secure organized conscription of draftees for mandatory military service, the Supreme Council of the Republic of Georgia decrees:
1. To set up Republican Conscription Council that shall secure organized conscription of draftees to the Interior Troops-National Guard of the Republic of Georgia.
3. To entrust the Council of Minister of the Abkhaz ASSR and the Council of Minister of the Ajara ASSR with a task of setting up Conscription Councils in all regions and towns within their jurisdiction and involve representatives of Ministry of Interior, Ministry of Health, other state organs and civil-political organizations in this process.
(…)
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
29 January 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 1, p 89-90)
LAW Of THE REPUBLIC OF GEORGIA on the Local self-government in the Transitional Period
(…)
Article 5. Local State Authority Organs
1. Prefect and the Office of Prefect
The prefect Office, under the leadership of Perfect shall be a Local State Authority Organ in regions and towns of the republican subordination …
(…)
Prefect shall be the highest official post in regions and towns of republican subordination. S/he shall be a guarantor of protection of the state interests and secure implementation of decisions taken by the higher state authorities of the Republic of Georgia.
(…)
Prefects to districts and towns that are subordinate to the Autonomous Republics shall be appointed and dismissed by the Presidium of Supreme Council of the Republic of Georgia upon the proposal of Chairman of Autonomous Republic in close consultation with the Council of Ministers of Autonomous Republic and the Council of Ministers of the Republic of Georgia.
(…)
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
29 January 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 1, p. 19-20)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Certain laws and Decrees, issued on 29 January 1991 by the Supreme Council of the Georgian SSR.
The Supreme Council of the Abkhaz ASSR takes into consideration the fact that the first session of the Supreme Council of the Republic of Georgia adopted the law on election of the local self-governance of the Republic of Georgia – the assemblies and issued Decree on holding the election of assemblies on 31 March of this year.
These legal acts gave a rise to numerous questions among the employees of the soviet organs and the population of the Abkhaz SSR, which have been delivered to the Supreme Council of the Abkhaz ASSR.
The presidium of the Abkhaz ASSR decrees:
1. To give an interpretation to the fact, that the autonomous republic is authorized to decide independently the issues related to the structures of the local governance, electoral system and holding the election as it is prescribed by the Constitutions of the Abkhaz ASSR, the Republic of Georgia and the USSR.
2. To entrust the Permanent commission on the Legislation and Socialist Law with a task of discussing the law “On Elections of the People’s Deputies of the Local Councils” at the next sitting of the 10th session of the Supreme Council of the Abkhaz ASSR.
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
7 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 21, 12 February 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE RSFSR on Immediate assistance to the population of the North Ossetia in connection with the events in the Autonomous Oblast of South Ossetia
Since January of 1991 the population in the South Ossetian autonomous Oblast of the Georgian SSR is facing extremely grave economic condition due to erupted military conflict there. Food supply to the center of Tskhinvali has been cut off for a long time; there is a lack of medicines and bandages; many people have lost their houses; thousands have sought refuge in the territory of the RSFSR, in the North Ossetia. Currently the electricity supply is cut off in the city Tskhinvali and there is no water supply either. Such extreme situation puts the population at the edge of catastrophe. The situation in other regions of the autonomous Oblast is similar as in Tskhinvali. Situation established in the South Ossetian Autonomous oblast also raises the tension in the neighboring regions of the RSFSR.
Taking into consideration the growing tense in the South Ossetian Autonomous oblast and the fact that Union agencies do not take efficient measures to assist the region, the Supreme council of the RSFSR decrees:
1. To entrust the Presidium of the Supreme Council of the RSFSR with a task of entering into negotiations with the leadership of the Republic of Georgia in order to give to the conflict a peaceful resolution.
2. The Council of Ministers of the RSFSR in three days time shall determine for, and provide to the population of the North Ossetia necessary economic and humanitarian aid, in particular:
- Food, medicines, tents, fuel and oil supply;
- Technical and technological assistance to arrange telephone and telegraphs connection with the regions of the North Caucasus of the RSFSR.
First Deputy Chairman of the Supreme Council of the RSFSR R. I. Khasbulatov
8 February 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, M., 1991, # 7, p. 123-124)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on dismissal of R.Z. Shonia from the post of Chairman of Executive Committee of the People’s Deputies Regional Council of Gali District
The Supreme Council of the Republic of Georgia decrees:
To dismiss Rabo Shonia from the post of Chairman of Executive Committee of the People’s Deputies Regional Council of Gali district.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
11 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 40)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on appointment of E.K. Janjulia on the Post of Prefect of the Gali District
The Supreme Council of the Republic of Georgia decrees:
To appoint Edisher Janjulia on the post of Prefect of the Gali district.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
11 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 45)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Decree issued by the Presidium of the Supreme council of the Republic of Georgia of 11 February 1991 concerning the dismissal of the Chairman of the Ispolcom of the Council of People’s Deputies of the Gali District
By decree of the Presidium of the Supreme Council of the Republic of Georgia of 11 February 1991, the Chairman of the Ispolcom of the Council of People’s Deputies of the Gali district Rabo D. Shonia was dismissed from his position and Edisher K. Janjulia was appointed as a Prefect of the Gali district of the Abkhaz ASSR. Such position is not considered in the Constitution of the Abkhaz ASSR.
Aforementioned Decree is unlawful as it was issued breaching Articles 66 and 120 of the current Constitution of the Abkhaz ASSR, which states, that the state authority is exercised by people through the people’s deputies. Determination of the rules for and activity of the local state organs is under the jurisdiction of the Abkhaz ASSR performed by the supreme organs of the state authority.As a result of unlawful decree of the Presidium of the Supreme Council of the Republic of Georgia of 11 February 1991 on appointment of the Prefect in the Gali district, the Supreme Council of the Abkhaz ASSR decrees:
1. To consider null and void from the moment of its adoption the decree of the Presidium of the Supreme Council of the Republic of Georgia of 11 February 1991 on dismissal of the Chairman of the Ispolcom of the Council of People’s Deputies of the Gali district Rabo D. Shonia and appointment of Edisher K. Janjulia as a Prefect of the Gali district of the Abkhaz ASSR.
2. The local Councils of the People’s Deputies, together with the Prosecutor’s Office, Committee of the State Security and the Ministry of Interior shall undertake necessary measures to secure Constitutional order of the autonomous republic, organs of the soviet authority and officials elected by the population of the cities and raions of Abkhazia.
3. This Decree shall be published in press.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
13 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 24, 15 February 1991)
DECISION ISSUED BY THE COUNCIL OF NATIONALITIES OF THE SUPREME COUNCIL OF THE RSFSR on Results of Visit of the People’s Deputies in Georgia due to the Events in the South Ossetia
Having heard the information of the head of group of the People’s Deputies of the RSFSR, the Council of Nationalities of the Supreme Council of the RSFSR is deeply concerned at the developments in this region and voices its condemnation on attempts of solving political and national problems through anti-constitutional acts and military forces regardless the side it is conducted by.
The council of Nationalities decrees:
1. To take notice of the information of Comr. Sorokina G. N. on the results of the visit of people’s deputies Comr. Antonova V. V., Arzhannikova N. M. and Shuikov V. V. in Georgia due to the developments in the South Ossetia.
2. To address the Parliament and the Government of Georgia calling for taking necessary measures in order to provide with food, heating and water supply and medicines for the population of the South Ossetia.
3. The Presidium of the supreme Council of the RSFSR shall expedite the direct negotiations with the leadership of Georgia aimed at immediate peaceful settlement of the situation in the South Ossetia.
4. To address the President of the USSR Comr. Gorbachev M. S. with a proposal on taking immediate measures focused on stabilization of the situation in this part of Georgia.
5. The Council of Ministers of the RSFSR shall submit the Deputies at the sitting of the Council of nationalities on 20 February the information on implementation of the Decree of 8 February 1991 #590-1 issued by the Supreme Council of the RSFSR on Immediate assistance to the population of the North Ossetia in connection with the events in the Autonomous Oblast of South Ossetia.
Deputy Chairman of the Council
of Nationalities of the Supreme Council of the RSFSR V. G. Sirovatko
14 February 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 8, p. 157-158)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on Situation in the South Ossetian Autonomous Oblast and the Measures for Stabilization of the Situation in the Region
1. Having heard and discussed the information of the People’s Deputies of he USSR visiting the Georgian SSR, the South Ossetian Autonomous Oblast and the North Ossetian Autonomous Republic, the Supreme Council of the USSR notes that the measures provided in the Decree of the President of the USSR of 7 January 1991 “on certain legal acts adopted in December 1990 by the Georgian SSR” haven’t been realized. Failure of the implementation of aforementioned Decree entailed the further complication of the situation in the South Ossetia and its immediate vicinity. The number of victims of the conflict is increasing; A stream of refugees of both, Ossetians and Georgians never comes to end. The city Tskhinvali, blocked by illegal military formations is without electricity and heating. The population of the city and the autonomous oblast suffers from shortage of food and basic commodities. The property of citizens, as well as several state institutions and public organizations is either given to arson or robbed. The historical and cultural monuments have been outraged.
Ongoing events in the South Ossetia are the gross violation of the Constitutions of the USSR, Georgian SSR and international norms and human rights.
2. To recommend to the Supreme Council of Georgia to consider announcement of the regime of the state of emergency on the territory of the South Ossetia with participation of the troops of the Ministry of Interior; to secure withdrawal and disband of all illegal military formations; to stop illegal trafficking of arms on the territory of the republic; to raise the blockade from the city Tskhinvali and its neighborhood; to take immediate measures in order to stop bloodshed and provide the population with electricity, heating, food products and medicines.
3. Recognizing the sovereign rights of the Georgian SSR on its territorial integrity, to offer to the Supreme Council and the government of Georgia to start expeditiously the negotiations with the representatives of the South Ossetia through the facilitation of the Supreme Council of the USSR in order to restore state structures in the Oblast functioning before 9 December 1990 as well s for the normalization of the political situation and ensuring the public security.
4. To entrust the Cabinet of Ministers of the USSR with a task of taking necessary measures for giving a life support to the population of the South Ossetia and providing adequate support to the North Ossetian ASSR and the Georgian SSR in connection with accommodation of refugees.
Chairman of the Supreme Council of the USSR A. Lukianov
20 February 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the supreme Council of the USSR, 1991, # 9, p. 218-219)
RESOLUTION OF THE FIRST SESSION OF THE SOUTH OSSETIAN COUNCIL OF PEOPLE’S DEPUTIES OF THE FIRST CONVOCATION on Preparation for and Holding of Referendum of the USSR on 17 March 1991
The First Session of the Council of People’s Deputies of South Ossetia notes that in compliance with the decree issued by the Supreme Council of the USSR of 16 January 1991 “on Measures for preparation and holding the All-Union Referendum on 17 March 1991” the Referendum will be held aimed at preserving the USSR and concluding the new agreement of union republics.
The most of the republics have already set up the electoral commissions in order to facilitate voting process and carry out other relevant measures.
At the same time, some of the union republics, including Georgia, violating the Constitution and the legislation of the USSR, are not likely to implement the resolution by the IV Congress of the People’s Deputies of the USSR on holding the referendum. They deprive the citizens the right to participate in the referendum. This is the breach of the Constitution of the USSR and its legislation, as well as violation of Declaration of the Universal Human Rights and other international covenants that consider participation of the people in the process of state management.
In order to participate in the Referendum dedicated to renewed federation of equal and sovereign states and preserving the USSR, and based on the will of the majority of population of the South Ossetia, the First Session of the Council of People’s Deputies of the South Ossetia decrees:
1. To hold all-union referendum on the territory of the South Ossetia on 17 March 1991.
2. To set up electoral commission for holding the all-union referendum and approve its composition.
3. Due to the state of emergency to instruct the Central Electoral Commission to retain the number of polling districts and stations using for referendum previously established districts and stations.
To create polling stations within the military units of the Ministry of Defence and Ministry of Interior of the USSR dislocated on the territory of South Ossetia pursuant to the Article 5 of the Decree issued by the Supreme Council of the USSR of 25 February 1991.
4. Due to the armed groups penetrated to the territory of South Ossetia and in order to secure protection of the preparation and holding of referendum, to ask the Supreme Council of the USSR to dispatch to the territory of the South Ossetia limited contingent of the troops of the Ministry of Interior of the USSR.
5. To ask the Central Electoral Commission of the Referendum of the USSR to provide all necessary items to the Central Electoral Commission of South Ossetia.
6. To ask the Supreme Council of the North Ossetian SSR to provide necessary assistance for involvement of refugees from the South Ossetia to the referendum.
First Deputy Chairman of the Executive Committee
of the Council of People’s Deputies of South Ossetia G. Khugaev
Secretary of the Executive Committee
of the Council of People’s Deputies of South Ossetia V. Petoev
26 February 1991
(Personal Archive of the author)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Elections to the Supreme Council of the Abkhaz ASSR
The term of jurisdiction of the Supreme Council of the Abkhazian ASSR actually expired on 25 February 1990.
By virtue of the decree issued on 18 November 1989 by the Supreme Council of the Georgian SSR on “Introduction Certain amendments and additions to the Constitution of the Georgian SSR”, the term of jurisdiction of the Supreme Council of the Abkhazian ASSR was prolonged until new elections.
Pursuant to Article 75 of an edition of 4 December 1990 of the Constitution of the Abkhaz ASSR, the prolongation of the term of authority of the Supreme Council of the Abkhaz ASSR is permitted only on exceptional basis and not longer than 6 months.
However, the Supreme Council of the Abkhaz ASSR did not prolong its own term of authority and did not adopt a law on elections to the Supreme Council of the Abkhaz ASSR and therefore, failed to fix a date of elections to the Supreme Council of the Abkhaz ASSR.
Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:
1. To advise the Supreme Council of the Abkhaz ASSR on the following:
To hold elections to the Supreme Council of the Abkhaz ASSR no later than October 1, 1991;
In accordance with Article 75 of the Constitution of Abkhaz ASSR to prolong its term of authority until 15 March 1991;
2. Due to the fact, that the Constitution of the Republic of Georgia stipulates five-year term for state authority bodies of Autonomous Republics, while the Supreme Council of the Abkhaz ASSR has been functioning for more than six years, failure to implement Article 1 of this decree will result in termination of term of jurisdiction of the Supreme Council of the Abkhaz ASSR of current convocation.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
27 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 92)
RESOLUTION on interpretation of section five, of paragraph 1 of Article 5 of the law of the Republic of Georgia ‘on the Local Self-governance in the Period of Transition’ ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
In accordance with section 5, of paragraph 1 of Article 5 of the law of Georgia “on Local Self-Governance in the period of Transition” adopted on 29 January of 1991, prefects of districts (rayons) and cities of republican (autonomous republic) subordination, upon the consent of the Council of Ministers of the autonomous Republic and the Council of Ministers of the Republic of Georgia, shall be appointed and dismissed by the Presidium of the Supreme Council of the Republic of Georgia on the basis of recommendation of the Chairman of the Supreme Council of the Autonomous Republic.
Due to the fact that the relevant candidates have not been nominated in some districts of the autonomous republics and in the cities of republican (autonomous republic) subordination, the Supreme Council of the Republic of Georgia decrees:
To explain to chairmen of the Supreme Council of Autonomous Republics that in case they fail to nominate a candidate to the position of perfect, agreed with the Council of Ministers of the autonomous republic and the Council of Ministers of the Republic of Georgia, the Chairman of the Supreme Council of the Republic of Georgia, upon agreement with the Council of Ministers of the Republic of Georgia submits to the Presidium of the Supreme Council of the Republic of Georgia a candidate to be appointed on the position of prefect of the district of the autonomous republic and city of the republican (autonomous republic) subordination.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
Tbilisi, 27 February 1991.
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 102)
STATEMENT OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
As reported, on 22-23 February of current year under the pretext of renovation of the Sanatorium of the Ministry of Interior of the USSR, 250 fully equipped soldiers of the Internal Troops of the USSR have been delivered to Gulrupshi District, Abkhaz ASSR.
The aforementioned troops are brought to the territory of the Republic of Georgia without prior agreement with the Government of Georgia. As it is known, neither the Council of Ministers, nor the Ministry of Interior of the Abkhaz ASSR was informed about this fact.
With regard of the aforementioned fact the Supreme Council of the Republic of Georgia notes that the units of the Internal Troops of the USSR have been brought to the territory of the Republic of Georgia with gross violation of sovereign rights and territorial supremacy of the Republic of Georgia.
Bringing of Internal Troops to the territory of the Abkhaz ASSR, which is indivisible part of Georgia, has no legal ground. In accordance to Article 3 of the law of the USSR “on Rights and Responsibilities of the Internal Troops of the Ministry of Interior of the USSR in Maintaining the Public Order”, the Internal Troop shall be used at the time of disorder and to prevent the mass turmoil. Such situation does not exist in Abkhazia. The law has no consideration of using the Troops for construction or other similar purposes. Such works are carried out by the constructing organizations of the Ministry of Interior. The decision on bringing the troops, in pursuance to the rules established by law, shall be made upon request of the Council of Ministers of the relevant Union or Autonomous Republic, or with the consent of the Council of Ministers of the USSR subject to obligatory consideration of the issues with the Council of ministers of the relevant Union or Autonomous republic. As it is clear, the leadership of the USSR not only violates the rights of the Union Republics, but also ignores the own laws.
The Supreme Council of the Republic of Georgia believes that bringing of Internal troops to the territory of the Abkhaz ASSR is another provocation of destructive forces aimed at destabilizing public-political situation in this region of Georgia and in entire country.
Proceeding from the aforementioned, the Supreme Council of the Republic of Georgia expresses its firm protest against this fact and asks the President of the USSR to prevent the arbitrary performance of those officials, under whose order the troops have been brought to the territory of the Republic of Georgia. At the same time the Supreme Council of the Republic of Georgia calls for immediate withdrawal of these units of the Internal Troops from the territory of Georgia, otherwise the whole responsibility on the consequences will be put on the side that carried out unlawful act.
Adopted at the First Session of the Supreme Council of the Republic of Georgia of the first convocation.
27 February, 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 122-123)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Decree “Organization and Holding the Referendum on Preservation of the USSR” issued by the Supreme Council of the USSR
Georgian nation has exercised the self-identification through establishment of the statehood of Georgia at least 2500 years ago and since then constantly protected it in the wars.
In 19th century the Russian Empire exercised occupation-annexation of Georgia’s princedoms, and in 1921 the RSFSR practically again occupied and annexed the Democratic Republic of Georgia. In the course of the 20th century, through elections in 1919 and 1990, the Georgian nation have twice expressed its sovereign will to have independent statehood - therefore, there are no legal ground, whatsoever, for holding the referendum on preservation of the USSR.
At the same time, a question to be posed by the referendum is rather vague and it is not clear what does the renewed federation of the Soviet Socialist Republics amount to. At the same time, it is not possible to create a federation of sovereign states. The USSR law on referendum violates the sovereignty of the Republic of Georgia, since if the referendum is to be held, the destiny of the Republic would be decided not by its own citizens, but by the population of “Union Republics” of the USSR.
Taking into consideration the existing difficult political situation, the Supreme Council of the Republic of Georgia Decrees:
1. The referendum, to be held on 17 March 1991 by the virtue of decree of the Supreme Council of the USSR shall not take place on the territory of the Republic of Georgia.
2. In accordance with the law of the Republic of Georgia on Referendum, on 31 March 1991 referendum shall take place on restoration of state independence, and only one question shall be posed “do you agree on restoration of Georgia’s State Sovereignty based on the Act of Independence of 26 May 1918”.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
28 February 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 2, p. 104-105)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on prolongation the term of authority to the deputies of the Supreme Council of the Abkhaz ASSR
The Supreme Council of the Abkhaz ASSR decrees:
In compliance with Article 75 of the Constitution (organic law) of the Abkhaz ASSR to prolong the term of authority to the deputies of the eleventh convocation of the Supreme Council of the Abkhaz ASSR until 1 October 1991.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
28 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 54, 27 March 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on holding All Union referendum in the Abkhaz ASSR
Abkhazia is a multi-national republic. Only consideration of views of all the residents of Abkhazia and their joint effort can be the guarantors to maintain peace and harmony here.
In accordance with the “Human Rights Declaration”, every citizen shall have the right to expression on any vital important issues.
Participation of citizens in the All-Union referendum is their undeniable right.
Proceeding from the aforementioned, the Supreme Council of the Abkhaz ASSR decrees:
To participate on 17 March 1991 in the public referendum on reservation of the USSR.
To entrust the electoral commission # 669 on election of deputies of the Supreme Council of the USSR with a task of holding referendum on necessity of the reservation of the USSR.
To entrust Sukhumi, Gagra, Tkvarcheli, Gudauta, Sukhumi district and Gulripshi district electoral commissions with a task of holding All-Union referendum.
The Central Electoral Commission of the Republic shall establish the district electoral commissions for holding the referendum in Ochamchire and Gali district.
This Decree shall come into force since its publication.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
28 February 1991
(Newspaper “Sovetskaia Abkhazia”, # 35, 2 March 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on enactment of the law of the Abkhaz ASSR “On the Central Bank of the Abkhaz ASSR” and “The Law of the Abkhaz ASSR on the Banks and Banking Activity in the Abkhaz ASSR”
The Supreme Council of the Abkhaz ASSR decrees:
1. To give an effect to the law of the Abkhaz ASSR “On the Central Bank of the Abkhaz ASSR” and “The Law of the Abkhaz ASSR on the Banks and Banking Activity in the Abkhaz ASSR” since the very moment of their publication.
2. To rename the Abkhaz Department of the National Bank of the USSR as the Central Bank of Abkhazia. The Central Bank of Abkhazia shall elaborate the Regulations and submit it to the Supreme Council of the Abkhaz ASSR before 1 April 1991 to be approved.
6. Before the adoption of the supplementary legal acts to the law of the Abkhaz ASSR “On the Central Bank of the Abkhaz ASSR” and “The Law of the Abkhaz ASSR on the Banks and Banking Activity in the Abkhaz ASSR” and bringing the legislation of the Abkhaz ASSR in compliance with aforementioned laws, the existing legal acts of the USSR and the Georgian SSR, related to the Banks and Banking system can be applied if they do not contradict aforementioned laws of the Abkhaz ASSR.
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
28 February 1991
(Newspaper “Abkhazia”, # #9-10, 12 March 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on the results of the referendum of the USSR of 17 March 1991
(…)
According to the preliminary data, 147 million people have participated in the referendum. 112 million of people have voted in favour of preservation of the USSR, i.e. 76% of voters…
Despite the fact that the state authorities of some republics (Georgia, Lithuania, Moldova, Latvia, Armenia, Estonia) didn’t implement the Resolution of the IV Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR in holding the referendum, violated the constitutional rights of citizens, exerted influence on them, blocked the polling stations – more than 2 million of the citizens of the USSR gave “yes” votes to the USSR…
The Supreme council of the USSR decrees:
1. The state authorities of the USSR and Republics shall pursue to the decision of the people made through the referendum to support renewal of the Union of the Soviet Socialist Republics on the assumption of the fact that this decision is final and binding on the whole territory of the USSR.
(…)
The chairman of the Supreme Council of the USSR A. Lukianov
21 March 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the supreme Council of the USSR, 1991, # 13, p. 432-433)
INFORMATION OF THE CENTRAL STATE COMMISSION OF THE ABKHAZ ASSR on holding the referendum of the USSR and the information of the District Commission on election of the deputy of the USSR at the 669 Sukhumi territorial electoral district
On 17 March of this year the referendum of the USSR and election of the people’s deputy at the 669 Sukhumi territorial electoral district was held.
Having checked the results, electoral commission informs the following:
In due course of referendum of the USSR there were established 239 commissions and polling stations. 318,317 citizens, authorized to vote, were included in the electoral roll. 166,876 people got the ballot-papers, i.e. 52.4%. 166,544 people participated in voting, i.e. 52.3%. The question brought up to a vote: “Do you consider necessary to reserve the Union of the Soviet Socialist Republics as renewed federation of equal sovereign republics, where the rights and freedoms of all nationalities will be secured” got 164,231 “yes” votes, i.e. 98.6% of participating voters, and 1566 “no” votes, i.e. 0.95%. 747 ballots were declared invalid, i.e. 0.45% (ballots where the voters stroke out both of words – “yes” and “no”, or neither one)
In order to elect the People’s Deputy of the USSR from Sukhumi territorial district #669, 198 polling stations have been set up. Ochamchire district didn’t participate in the election, as it doesn’t belong to the district # 669. 257, 147 people were enrolled in the list of electors. 126 086 electors got the ballots and 125 793 voted (48.9%). 120 155 voted in favour of the candidate Arshba (95.5%), another candidate, Murman Omanidze got 1 321 votes (i.e. 1.05%).
22 March 1991
(Newspaper “Sovetskaia Abkhazia”, # # 50-51, 22 March 1991)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Fact of Holding the USSR Referendum on the Territory of the Republic of Georgia and on Election of a Deputy to the Peoples’ Deputies of the USSR in the # 669 Sukhumi constituency
On 28 February 1991 the Supreme Council of the Republic of Georgia issued the decree that the referendum, fixed to be held on 17 March 1991 by the decree of the Supreme Council of the USSR would not take place on the territory of the Republic of Georgia. In addition, on March 16, 1991 the Presidium of the Supreme Council of the Republic of Georgia abolished the election commission of the # 669 Sukhumi constituency of the elections for Peoples’ Deputies of the USSR.
However, on 17 March 1991 the referendum took place in the units of the USSR armed forces deployed on the territory of the Republic of Georgia, as well as in town of Tskhinvali, Java region, and some districts of the Abkhaz ASSR, while elections of a deputy to the People’s Deputies of the USSR were held in the # 669 Sukhumi constituency.
During the Referendum and elections, provisions of the laws on “ Referendum in the USSR” and “Elections to the People’s Deputies of the USSR” were grossly violated. At the same time, names of more than 50 thousand electorate of the Gali district were not incorporated in the voting lists.
The aforementioned facts of violations are being studied and investigated by the Prosecutor’s Office of the Republic of Georgia. However, the Prosecutor General of USSR ordered to suspend the investigation.
The Presidium of the Supreme Council of the Republic of Georgia decrees:
1. Pursuant to Article 77 of the Constitution of the Republic of Georgia, the decree issued
on 28 February 1991 by the Supreme Council of the Republic of Georgia and the decree issued on 16 March 1991 by the Presidium of the Supreme Council of the Republic of Georgia, results of referendum held on 17 March 1991 on the territory of Abkhazian ASSR, town of Tskhinvali and Java region and results of elections of a deputy to the Peoples’ Deputies of the USSR held in the # 669 Sukhumi constituency on 17 March 1991 are declared null and void.
2. The Referendum of the USSR held within the Military Units of the USSR deployed on the territory of Georgia shall not be considered as the Referendum held in Georgia, as the Soviet military servicemen are not eligible in voting on the territory of Georgia.
4. To raise the issue before the Central Electoral Commission on consideration null and void the results of the election held on 17 March of 1991 at the electoral district #669.
5. To put forward a proposal to the Central Referendum Commission to consider the results of referendum held on the territory of the Republic of Georgia as null and void.
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
22 March 1991
(Bulletin of the Supreme Council of the Republic of Georgia, # 3, 1991, p. 24-26)
DECISION OF THE JOINT MEETING OF THE ALL-LEVEL PEOPLE’S DEPUTIES OF THE SOUTH OSSETIA AND PUBLIC REPRESENTATIVES on setting up of the Committee on stabilization of the situation in the South Ossetia
Taking into account the aggravating situation in the South Ossetia due to barefaced aggression on the side on Georgia, and in order to increase effectiveness of the management aimed at overcoming the existing situation, the Meeting considers reasonable to accumulate all power into one organ and decides:
1. To set up Committee on stabilization of the situation in the South Ossetia composing of the following officials: Gassiev Z. N. – Chairman of the Committee; Khugaev G. G. – Deputy Chairman of the committee; Jioev I. G. – member of the Committee; Dzagoev E. P – member of the Committee; Zaseev F. M. - member of the Committee; Kabisov R. S. - member of the Committee; Kochiev S. I. - member of the Committee; Sanakoev M. G. - member of the Committee; Tedeev A. I. - member of the Committee; Chochiev B. E. - member of the Committee.
2. To empower the committee for stabilization of the situation in the South Ossetia with the whole state and executive authority on the territory of the South Ossetia until the complete settlement of the situation and final determination of the political status and restoration of the state structures.
3. The decisions of the Committee are final and binding on all the organizations, agencies, enterprises and farms.
4. To suspend the functioning of all supreme authorities of the South Ossetia and make them subordinated to the Committee on Stabilization of the Situation in the South Ossetia in time of its activity.
First Deputy Chairman of the Ispolcom
of the Council of People’s Deputies of the South Ossetia G. Khugaev
Secretary of the Ispolcom
of the Council of People’s Deputies of the South Ossetia B. Petoev
23 March 1991
(Newspaper “Sovetskaia Ossetia”, # 29, 27 March 1991)
PROTOCOL of the negotiation between the Chairman of the Supreme Council of the RSFSR and the Chairman of the Supreme Council of the Republic of Georgia
1. To work out during April of 1991 the draft of the Agreement on interstate relations between the RSFSR and the Republic of Georgia to be signed; for this purpose the working group shall be set up.
Concerning the stabilization of the situation in the region of former South Ossetian Autonomous oblast the sides agreed as follows:
2. The Ministry of Interior of the RSFSR and the Ministry of Interior of the Republic of Georgia shall set up, in ten days term, the joint Commission for investigation the situation in the aforementioned region and objective evaluation of the events before 20 April of current year.
3. The Ministry of Interior of the RSFSR and the Ministry of Interior of the Republic of Georgia shall form the joint detachment of militia in order to carry out the process of disarmament of illegal armed formations in the territory of the former South Ossetian Autonomous Oblast. The detachment shall secure public order in the mentioned region before restoration of stability.
4. To address to the Ministry of Defence of the USSR with a proposal of re-dislocation of the military unites of the Soviet Army from the territory of the former South Ossetian Autonomous Oblast.
5. The Councils of Ministers of the RSFSR, the Republic of Georgia and the North Ossetian SSR shall start activities on establishment of the conditions for return of refugees to the places of their permanent residence. Restoration of legal state agencies shall be secured.
6. The governments of the RSFSR, the Republic of Georgia and the North Ossetian SSR shall set up Commission on estimating the sustained loss to refugees and carry out additional measures for material and financial assistance in order to compensate this damage.
7. Restoration of peace and stability in the region shall be considered as a final task of establishing Commission and detachment.
8. To set up permanent Group to exercise control over the implementation of the Protocol and regulation of emerging disputes.
Chairman of the Supreme Council of the RSFSR B. Yeltsyn
Chairman of the Supreme Council of the Republic of Georgia Z. Gamsakhurdia
23 March 1991
(Newspaper “Vestnik Gruziy”, # 42, 28 March 1991)
RESOLUTION ISSUED BY THE CONGRESS OF THE PEOPLE’S DEPUTIES OF THE RUSSIAN SOVIET FEDERATIVE SOCIALIST REPUBLIC on the Situation in the South Ossetia
Due to the tragic events in the South Ossetia, the Congress of the People’s Deputies of the RSFSR:
1. Addresses to the Supreme Council of the Republic of Georgia to restore the status of the South Ossetian Autonomous Oblast and all structures of state authority.
2. Addresses to the Supreme Council and the Cabinet of Ministers of the Republic of Georgia to raise the blockade, return the refugees to their native dwellings, restore normal functioning of the economy of the South Ossetia and stabilize public-political situation in the region.
3. In order to reach effective inter-ethnic consultation offers to the Supreme Council of the Republic of Georgia to release from custody Chairman of the Oblast Council of the People’s Deputies T.G. Kulumbegov and unlawfully detained other officials.
4. To consider possible conclusion of the agreement between the RSFSR and the Republic of Georgia after practical implementation of Articles 1,2,3 of this Resolution.
5. Expresses its solidarity to the people of the North Ossetian SSR. Stability and peace of this Republic, as the part of the RSFSR, are secured by the Russian Federation.
6. Addresses to the President of the USSR, the Supreme Council of the USSR and calls for the measures for the normalization of the situation in the South Ossetia and establishment of necessary conditions to carry out the process of return of refugees to their places of residence.
Chairman of the Supreme Council of the RSFSR B. Yeltsin
31 March 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, 1991, # 14, p. 376)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on the situation in the South Ossetian Autonomous Oblast
The Supreme Council of the USSR notes that despite the efforts made by the President of the USSR and governmental organs of the country aimed at regulation of the conflict and stabilization of the situation in the South Ossetian Autonomous Oblast, the latest developments in the Oblast have established critical situation there. The contingent of the troops of the Ministry of Interior of the USSR deployed in the Oblast is not able to secure the Constitution of the USSR any longer.
Taking into consideration the existing situation, the Supreme Council of the USSR decrees:
1. To recommend the President of the USSR to put into operation, in compliance with Article 1273, Paragraph 15, state of emergency on the territory of the South Ossetian Autonomous oblast based on the forces of the Ministry of Interior of the USSR.
2. The Supreme Council of the Republic of Georgia and the Oblast Council of the People’s Deputies of the South Ossetia shall take all necessary measures to carry out the Decree of the President of the USSR of 7 January 1991.
3. The Prosecutor’s Office and the Ministry of Interior of the USSR shall set up investigating groups in order to investigate the crimes committed on the territory of the South Ossetia in time of conflict.
4. To offer to the Cabinet of Ministers of the USSR to take immediate measures in order to supply the population of the South Ossetia with food and medicines, as well as for restoration of the operation of enterprises and organizations.
5. The Cabinet of Ministers of the USSR shall set up governmental Commission aimed at determining the damage to the economy and social and cultural spheres of the South Ossetian Autonomous Oblast and its citizens.
6. The Supreme Council of the Republic of Georgia, leadership of the South Ossetian Autonomous Oblast shall take necessary measures to establish the adequate conditions for the return of refugees to their places of permanent residence.
The Chairman of the Supreme Council of the USSR A. Lukyanov
1 April 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, 1991, # 15, p. 493)
THE ACT of Restoration of Statehood Independence of Georgia, ADOPTED AT THE EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF GEORGIA
As a result of annexation and abolishment of Georgian statehood by the Russian Empire in the 19th century, the Georgian Nation lost its centuries-old statehood. The Georgian people have never reconciled itself with the lost of independence. Georgia's abolished statehood had been restored through the Declaration of Independence on 26 May, 1918. The Georgian Democratic Republic, with the Constitution and State representative bodies elected on the principles of multi-party elections, was founded.
In February- March 1921, the Soviet Russia grossly violated the 1920, May 7 Peace Agreement and through the military aggression occupied Georgia, the very State it previously recognized, that resulted in its de facto annexation.
Georgia had not joined the Soviet Union voluntarily. Its Statehood still exists, the Independence Act and Constitution are of legal force today, since the Government of the Democratic Republic did not sign an act of capitulation and continued its activities in immigration.
The whole period of Georgia being forcefully incorporated in the Soviet Union, has been characterized by bloody terror and repressions and the tragedy of 9 April 1989 was the last manifestation of the aforementioned. The clandestine war against Georgia is still going on. This war aims to undermine Georgia's aspiration to freedom and democracy.
The Supreme Council of the Republic of Georgia, elected through multi-party, democratic election on 28 October 1990, and referring to unanimous will of the population of Georgia expressed during the 31 March referendum, resolves and publicly declares the restoration of Georgian Statehood independence based on the 1918 26 May Independence Act.
The territory of the Republic of Georgia is unified and indivisible. Only the Constitution of the Republic of Georgia and its Authorities are supreme on its territory. Any action directed at limitation of supremacy of the Authorities of the Republic of Georgia or undermining its territorial integrity shall be regarded as an interference into internal affairs of the sovereign State, act of aggression and gross violation of norms of international law.
Primacy of the International Law over the laws of the Republic of Georgia and direct application of its norms on the territory of Georgia is declared to be one of the most fundamental principles of the Constitution of the Republic of Georgia.
The Republic of Georgia strives to occupy its worthy place in the international community of States, acknowledges and guarantees human, national, ethnic, religious and linguistic rights and freedoms of its population in accordance with the Charter of the United Nations, Universal Declaration of Human Rights, International Pacts and Conventions.
The Supreme Council of the Republic of Georgia declares that it will firmly adhere to the universally recognized principles of political, economic and cultural cooperation with other States.
Restoration of Statehood Independence of the Republic of Georgia fully complies with the Charter of the United Nations, the Helsinki and Vienna Acts, which acknowledge and strengthen the right of all nations to independently decide the political fate of their countries.
The Supreme Council of the Republic of Georgia hopes that the international community of States shall not remain indifferent to this legitimate and fair step undertaken by the Georgian people and shall acknowledge the restoration of Statehood Independence of Georgia, which would be one of the most solid guarantees for the security of the Republic of Georgia.
Signed by the members of the Supreme Council of the Republic of Georgia and the Government
Tbilisi, 9 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 4, p. 26-27)
DECREE ISSUED BY THE PRESDIENT OF THE REPUBLIC OF GEORGIA on Nation wide National and Civil Disobedience
Over the recent period the peoples included within the Empire have intensified protesting and political-striking movement aimed at abolishment of the Central authority and establishment of the sovereign states.
Taking into account the existing difficult situation in Samachablo (former South Ossetian Autonomous Oblast-edit.), the political organizations of the Round Table organized strike of the transport means and organizations of the Union subordination in a response to the imperialist policy of the so called Centre.
Bearing in mind that these protesting actions have the only goal: the restoration of comprehensive and real independence of Georgia, to set Georgia free of subordination and dictate from the imperialistic structures, and that action represents immediate continuation of the process of nation-wide national and civil disobedience, I decree:
1. The ministries, agencies and administrative bodies shall provide maximum possible assistance to the nation-wide national and civil disobedience organized by the political organizations of the Round Table.
2. To set up consultative and coordinatingn councils composed of high rank official, who alongside the strike committee shall attach systematic character to the disobedience movement and see to it that economic interests of the Republic are not compromised.
3. To set up joint Media Council, which, together with the Press-center of the Supreme Council and the press-service of the president will secure dissemination of true and reliable information and its broadcast to the foreign countries.
(…)
President of the Republic of Georgia Zviad Gamsakhurdia
15 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, # 4, 1991, p.16)
DECREE ISSUED BY THE COUNCIL OF NATIONALTIES OF THE SUPREME COUNCIL OF THE USSR on proposals aimed at normalization of the situation in the South Ossetia and its neighboring area
Having heard and discussed the information of the group of Deputies visiting the Republic of Georgia on 8-10 April of 1991, the Council of Nationalities notes that despite the efforts made by the Supreme Council of the USSR and the President of the USSR, either activities conducted by the unites of the troops of the Ministry of Interior of the USSR aimed at disarmament of the illegal formations and groups, still the situation in the South Ossetia remains quite complex and strained. The number of casualties is increasing as well as of refugees from both Georgian and Ossetian sides. Firing on the city Tskhinvali and the settlements of the Oblast never stops. Tens of villages are robbed and given to arson. The material and cultural valuables are being destroyed, as well as the economic and social infrastructure of the South Ossetia.
The Council of Nationalities finds the reconciliation and political methods as the only tools to settle the conflict. Respective representatives of Georgian and Ossetian people have to find courage and decisiveness in overcoming of existing dramatic situation in order to secure centuries-old friendship and peaceful coexistence of Georgian and Ossetian people. They have to do their best to remove mutual distrust, hostility, political disputes and act within the frame of the Constitution of the USSR and international norms on human rights. The sides have to enter immediately into dialogue in order to secure cease-fire, save the lives of people, establish the peace and stability on the whole territory of the South Ossetia.
Stating on compulsory implementation of the Decree issued by the Supreme Council of the USSR of 1 April 1991 “on situation in the South Ossetian Autonomous Oblast”, the Council of Nationalities Decrees:
1. To support the proposal envisaged in the Protocol signed by the representatives of the Supreme Council of the USSR and the Supreme Council of the Georgian SSR on establishment of inter-parliamentary Commission composed of the members of the Supreme Councils of the USSR, the Republic of Georgia and the RSFSR on equal footing with participation of representatives of the South Ossetia aimed at elaboration of action plan for regulation the situation in the region and for observing and realization the measures.
To take a note of the information that the Cabinet of Ministers of the USSR set up interagency operative Commission, which now is at the place of conflict and has started working.
2. To consider expedient on the side of the Commission dissemination of information to the public on the situation in the region.
3. To recommend the President of the USSR to set up the delegation for discussion of political, social and economic issues with the representatives of the Republic of Georgia.
Chairman of the Council of Nationalities R. Nishanov
24 April 1991
(Bulletin of the Congress of the People’s Deputies of the USSR and the Supreme Council of the USSR, 1991, # 18, p. 694-695)
THE LAW OF GEORIGA on Abolishing Tskhinvali and Khornisi Districts (rayons)
The Supreme Council of the Republic of Georgia decrees:
1. To abolish Tskhinvali district and attach its territory to Gori district.
2. To abolish Khornisi district and attach its territory to Kareli district.
3. To withdraw from Article 71 of the Constitution of the Republic of Georgia (Fundamental Law) the words ‘of Khornisi’ and ‘of Tskhinvali’.
The President of the Republic of Georgia Z. Gamsakhurdia
Tbilisi, 27 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 4, p. 82)
DECREE OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Separation from Java District the Village Councils of Sinaguri, Kirov and Chasavali.
The Supreme Council of the Republic of Georgia decrees:
To separate from Java District and attach to:
- Sachkhere District the village council of Sinaguri (20, 4 thousand hectares of land);
- Oni District the village councils of Kirov and Chasavali (3,6 thousand hectares of land).
The Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
Tbilisi, 27 April 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 4, p. 83)
DECISION OF THE MEETING OF DEPUTIES OF THE OBLAS, CITY, DISTRICT, SETTLEMENT AND VILLAGE COUNCILS OF THE SOUTH OSSETIAN AUTONOMOUS OBLAST on implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991
The meeting of the all-level Deputies points to the grave social and political situation established in the South Ossetian Autonomous Oblast for the latest 2-3 years. The tension went to mount in November 1989 and later in March and June of 1990. The Republic of Georgia declared null and void all state structures of Georgia that had been established since 25 February 1921. The Treaty of 21 May 1921, Treaty on establishment of the Trans-Caucasus Union of the Federative Socialist Republics (TUFSR) of 12 March 1922 and the Treaty on establishment of the USSR of 30 December 1922 have been declared unlawful.
Proceeding from the aforementioned the supreme legislative organ of Georgia abrogated all soviet structures in the whole territory and practically repealed the Constitution of the Georgian SSR. Taking into consideration the established situation, the 14th session of the Council of People’s Deputies of the South Ossetian Autonomous Oblast, on 20 September 1990 issued the Decree on reorganization of the South Ossetian Autonomous Oblast into the South Ossetian Soviet Democratic Republic.
Thereupon, on 1 December 1990 the Supreme Council of Georgia adopted the law on abrogation of the South Ossetian Autonomous Oblast established upon the Decree of the Central Executive Committee of April of 1922.
However, by the Decree of the President of the USSR of 7 January 1991 “on certain legal acts adopted by the Georgian SSR in December 1990” those decisions of the Georgian SSR have been declared as opposing the Constitution of the USSR and other Union laws.
Tragic events have been developed since 5-6 January of 1991 with the detachment of Georgian militia formations to Tskhinvali. The situation was aggravated by the fact that neither the Republic of Georgia, nor the South Ossetia carried out the Decree of the President of the USSR of 7 January 1991.
The lack of legal executive power in the South Ossetia becomes the reason for procrastination of the stabilization of social and political situation and for the resolution of vital important issues.
In condition of state of emergency, when the most of the territory of Tskhinvali and Znauri districts are occupied, disastrous earthquake dilapidated hundreds of enterprises and farms, thousands of houses and tens of villages of the Oblast are destroyed and the village Java is completely devastated; the Meeting of the Deputies considers necessary immediate implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991.
Proceeding from the aforementioned and deeply concerned at the further developments in the region, striving for the termination of the inter-ethnic opposition of the Ossetian and Georgian people, the Meeting of the all-level People’s Deputies of the South Ossetia decides:
1. To declare null and void the Decree issued by the 14th Session of the Council of People’s Deputies of the South Ossetian Autonomous Oblast of 20 September 1990 “on reorganization of the South Ossetian Autonomous Oblast into South Ossetian Soviet Democratic Republic” in order to implement the Decree of the President of the USSR of 7 January 1991 “On certain legal acts adopted by the Georgian SSR” and the Decree issued by the Supreme Council of the USSR of 1 April 1991 “on situation in the South Ossetian Autonomous Oblast”.
2. To restore the functioning of the institution of state authority and management of the South Ossetian Autonomous Oblast that was in force until September 1990.
3. Taking into consideration established extreme social and economic situation in the Oblast and the state of emergency in Tskhinvali and Java districts, the authority of the supreme state organ shall be laid on the Meeting of the all-level Councils of the People’s Deputies until the next elections of the people’s deputies to the local councils.
4. Executive committee of the Council of the People’s Deputies of the South Ossetian Autonomous Oblast shall exercise the executive and administrative authority between the meetings.
5. Based on the will of the people of the South Ossetia expressed at the Referendum of the USSR on 17 March 1991 on preservation and renewal of the USSR, the Meeting considers necessary to submit a petition to the Supreme Council of the USSR on independent participation of the Oblast in the Union Treaty authorizing him to sign the Treaty as a subject of Federation. For the purpose of preparation and signing of the Treaty to set up plenipotentiary delegation of the South Ossetian Autonomous Oblast comprising of: 1. Gassiev Z.I. - Head of Delegation; 2. Kochiev G.V., 3. Khubulov V.N., 4. Khugaev G.G., 5. Chekhoev A.G.
6. To ask the Supreme Council of the USSR to endorse this Decision.
7. This Decision shall be published in the Oblast press and the Supreme Council of Georgia shall be familiarized with this Decree.
The chairman of the Meeting Z. Gassiev
Secretary of the Meeting L. Ostaeva
4 May 1991
(Newspaper “Sovetskaia Ossetia”, # 41, 16 May 1991)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on decree issued on 4 May 1991 by the Oblast Council of People’s Deputies of the former Autonomous Oblast of South Ossetia.
The illegally convened on 4 May 1991 session of the District Council of People’s Deputies of the former Autonomous District of South Ossetia decided to abolish the so called Soviet Democratic Republic of South Ossetia and restore the Autonomous Oblast of South Ossetia, which, was acknowledged as a constituent part of the Republic of Georgia, but was declared to be under “administrative” jurisdiction of the Soviet Socialist Federative Republic of Russia.
The Presidium of the Supreme Council of the Republic of Georgia decrees:
1. To invalidate and consider null and void the decree issued on 24 May 1991 by the District Council of People’s Deputies of the former Autonomous District of South Ossetia.
2. To inform M. Gorbachov – the President of the Soviet Union; B. Yeltsin - the Chairman of the Supreme Council of the Soviet Socialist Federative Republic of Russia, and R.Nishanov - the Chairman of the Council of Nationalities of the Supreme Council of the Soviet Union about the assessment provided by the Presidium of the Supreme Council of the Republic of Georgia with regard the aforementioned provocative act.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
7 May 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 5, p.12)
STATEMENT OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
The Supreme Council of the Republic of Georgia, having learnt the Decree issued by the Supreme Soviet of the USSR of 12 May 1991 ‘on the Resolution of the meeting of the People’s Deputies of Oblast, City, Rayon, Village and Community Soviets of the South Ossetian Autonomous Oblast ‘on Implementation of the Decree by the President of the USSR of 7.01.91 and the Decree of the Supreme Soviet of the USSR of 01.014.91’’ declares, that the aforementioned Decree issued by the supreme state authority of the USSR represents the attack on the territorial integrity of Georgia’s sovereign state. The territory of the former South Ossetian Autonomous Oblast is indivisible part of the sovereign state of Georgia no one is authorized to discuss the issue on its attachment to another state. The Decree of the Supreme Soviet of the USSR of 12 May of 1991 runs counter to the Constitution of the USSR, the law of the USSR of 26 April of 1991 ‘on Separation of Authorities between the Subjects of the Federation and the USSR’, Joint Declaration of the President of the USSR and of nine Union Republics, as well as to the documents relating to the new Union Treaty.
The document of the Supreme Soviet of the USSR of 12 May, regretfully, is adopted in a moment when the Trilateral Interparliamentary Commission has been established at the initiative of the Republic of Georgia composed of the deputies of the USSR, as well as the deputies of the Supreme Council of the Republic of Georgia, Supreme Soviet of the USSR and the Supreme Soviet of the RSFSR that shall elaborate proposals on regulating the conflicting situation on the territory of the former Autonomous oblast of South Ossetia. The aforementioned Decree of the Supreme Soviet of the USSR imposes the threat to realization of measures aimed at implementing the Decree of the Soviet of Nationalities of the Supreme Soviet of the USSR of 24 April 191. It should be mentioned, that at that meeting, chaired by the Chairman of the Soviet of Nationalities R. Nishanov, ‘the consensus’ has been reached, which considered annulment of the illegal declaration of independence of the former autonomous oblast and participation of representatives of the South Ossetia in the work of joint commission composed of the deputies of the Supreme Soviets of the USSR, RSFSR and of the Republic of Georgia. Therefore, the action of the deputy A. Chekhoev in the city of Tskhinvali shall be considered as a provocation and gross violation of the ethics and ignorance of the Decree of the Soviet of Nationalities. it also should be mentioned that The Supreme Soviet of the USSR, as the highest legislative body, hasn’t been authorized to consider the applications by the former deputies of the oblast, who, having declared unlawfully the Republic thereby moved out their authority.
The aforementioned Decree of the Supreme Soviet of the USSR once again indicates that the leadership of the USSR, using all the means against the republics striving for independence, is ready even to encroach on the integrity of their territories.
The Supreme Council of the Republic of Georgia expresses its firm protest against the Decree of the Supreme Soviet of the USSR of 12 May 1991 and considers it as an interference in the domestic affairs of Georgia that runs counter to the rules of International Law. Continuation of such policy and attitude towards the Republic of Georgia may entail unpredictable consequences. In this case the leadership of the Soviet Union shall take the burden of responsibility.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
Tbilisi, 14 May 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1990, # 5, p. 79-80)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE USSR on decision of the Meeting of Deputies of the Oblast, City, District, Settlement and Village Councils of the South Ossetian Autonomous Oblast on “Implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991”
Having discussed the Decision of the Meeting of Deputies of the Oblast, City, District, Settlement and Village Councils of the South Ossetian Autonomous Oblast, the Supreme Council of the USSR decrees:
1. To take of note of the Decision of the Meeting of Deputies of the Oblast, City, District, Settlement and Village Councils of the South Ossetian Autonomous Oblast on “Implementation of the Decree of the President of the USSR of 7 January 1991 and the Decree issued by the Supreme Council of the USSR of 1 April 1991”.
2. To submit the aforementioned Decision of the Meeting of the People’s Deputies of the South Ossetian Autonomous Oblast to the President of the USSR, as well as to the Chairman of the Council of Nationalities and the Commission on the National Policy and International Relations of the Council of Nationalities in order to be considered while working on the draft of the New Union Agreement.
Chairman of the Supreme Council of the USSR A. Lukyanov
12 May 1991
(Newspaper “Sakartvelo”, special addition, 1995; Personal Archive of the Author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE USSR on the work of the interstate Commission on normalization of the situation in the South Ossetia and its neighboring area
The Presidium of the Supreme Council of the USSR decrees:
1. To take notice of the information submitted by Comr. Gusev V.V. on the work of the interstate Commission on normalization of the situation in the South Ossetia and its neighboring area.
2. To address to the state authorities of the Republic of Georgia with a proposal of carrying out all necessary measures in order to settle the regional conflict, suspend the operation of illegal military formations, eradicate the damage caused by earthquake, restore the transport, energy and water supply and establish the necessary life-conditions for population of the region.
3. To entrusts the Cabinet of Ministers of the USSR with a task of securing the support to the regions of Georgia that have damaged by the earthquake through granting material-technical and financial means for elimination of the consequences of the natural disaster.
4. To accelerate the process of establishment of the State Committee of the USSR on National Issues in compliance with the Law of the USSR of 27 March 1990 and the Decree of the Council of Nationalities of the Supreme Council of the USSR of 27 February 1991.
Chairman of the Supreme Council of the USSR A. Lukianov
25 June 1991
(Newspaper “Sakartvelo”, special addition, 1995; Personal Archive of the Author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the law of Georgia on “Creation of the Interior Troops - the National Guard of the Republic of Georgia”
The Presidium of the Supreme Council of the Abkhaz ASSR notes that with a breach of the requirements set forth in the Decree of the President of the USSR “on Prohibition of establishment of the armed formations incompliant with the legislation of the USSR and Seizure of illegal arms”, the Republic of Georgia, in conformity with the Georgian law on “Creation of the Interior Troops - the National Guard of the Republic of Georgia” has established the battalion authorized to carry firearms.
Aforementioned Decree of the President of the USSR was issued on 25 July 1990 and considered disband of unlawful military formations in 15 days term from the moment of issuing the decree. However, the legislative and executive authorities of Georgia completely ignored this Decree.
Pursuant to the law of Georgia on Creation of the Interior Troops - the National Guard, it shall be established through universal conscription of the citizens of Georgia those have attained the age of 13. The recruiting center is created at the central railway station of Sukhumi and 201 people submitted the applications to the Military Commissar of Sukhumi by 13 June of 1991. Such activity is a breach of Constitution of the USSR and the law of the USSR “on separation of competences between the USSR and the subjects of Federation”, which renders exclusive rights on establishment of the military formations under the jurisdiction of the USSR. Proceeding from the aforementioned, the practice of the Supreme Council of the Republic of Georgia on creation of the National Guard, regardless its purpose, is unlawful.
The Presidium of the supreme Council of the Abkhaz ASSR decrees:
1. To consider null and void the law of the Republic of Georgia on “Creation of the Interior Troops - the National Guard of the Republic of Georgia” that runs counter to the Decree of the President of the USSR “on Prohibition of Creation of the Armed Formations Incompliant with the Legislation of the USSR and Seizure of illegal Arms”.
2. The Council of Ministers of the Abkhaz ASSR, the Ministry of Interior of the Abkhaz ASSR, KGB of the Abkhaz ASSR, the Procuracy of the Abkhaz ASSR, the Military Commissar of the Abkhaz ASSR shall carry out measures aimed at fulfilling of the tasks incumbent by the Decree of the President of the USSR “on Prohibition of Creation of the Armed Formations Incompliant with the Legislation of the USSR and Seizure of Illegal Arms”.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
2 July 1991
(Newspaper “Abkhazia”, # 32, 13 August 1991)
DECREE # 288 ISSUED BY THE MINISTRY OF EDUCATION OF THE REPUBLIC OF GEORGIA
Pursuant to the decree issued on 14.11.90 by the Supreme Council of the Republic of Georgia on introduction of title “The Republic of Georgia” and introduction of new “coat of arms of the Republic of Georgia, by virtue of the decree issued on 22.10.90 by the Supreme Council of the Republic of Georgia the former “Ministry of People’s Education” was renamed into “the Ministry of Education”.
The aforementioned changes determined the necessity of changing the seals, stamps and signboards of educational establishments.
However, in a number of population aggregates, where there are several educational establishments of the same type (day nurseries, kindergartens, secondary schools etc), proper numeration of these establishments has not been introduced so far. That is why the only means of distinguishing those educational establishments remain in the language of instruction. It should be pointed out thatsubstantial changes have been introduced to the titles of a number of educational institutions recently.
Taking the aforementioned into consideration, I decree:
1. To introduce the new seals, stamps and signboards, in accordance with the attached samples, to all educational establishments.
2. The Ministries of Education of the Abkhaz and Ajara Autonomous Republics, Departments of Education of towns and regions, directorates of secondary and special education, chancelleries of higher education and leadership of other educational establishments shall secure the introduction of the new patterns of seals, stamps and signboards, worked out by the Ministry of Education of the Republic of Georgia, no later that the end of November 1991.
Minister E. Javelidze
5 July 1991
(Archive of the Ministry of Education of Georgia)
LAW OF THE ABKHAZ AUTONOMOUS SOVIET SOCIALIST REPUBLIC on Changes and Amendments to the Constitution (Organic Law) of the Abkhaz ASSR
(…)
25. To formulate Articles 154, 155, 156 as follows:
(…)
Article 156. The Prosecutor of the Abkhaz ASSR shall be appointed with a consent of the Prosecutor General of the USSR, the Prosecutor General of the Republic of Georgia and the Supreme Council of the Abkhaz ASSR and is accountable to the latter. In the part of exercising of supervision on observation of the laws the Prosecutor of the Abkhaz ASSR is subordinated to the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia. The Deputy Prosecutors of the Abkhaz ASSR shall be appointed by the Supreme Council of the Abkhaz ASSR with the consent of the Prosecutor General of the Republic of Georgia upon the nomination of the Prosecutor of the Abkhaz ASSR; District and city prosecutors of the Abkhaz ASSR shall be appointed by the Prosecutor of the Abkhaz ASSR with the consent of the Prosecutor General of the Republic of Georgia.
27. To formulate Article 163 as follows:
“Article 163. The Constitution of the Abkhaz ASSR may be changed on the basis of decision of the Supreme Council of the Abkhaz ASSR adopted by the majority of a total number of deputies of the Abkhaz ASSR, not less than 1/3”.
28. In the text of the Constitution (Basic law) of the Abkhaz ASSR, the words “Georgian SSR” shall be replaced with the words “Republic of Georgia”.
Chairman of the Supreme council of the Abkhaz ASSR V. Ardzinba
9 July 1991
(Newspaper “Afxazetis Khma”, # 127, 2 August 1991)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Establishment of the Central Electoral Commission on election of the Deputies to the Supreme Council of the Abkhaz ASSR
Based on the Decree issued by the Supreme Council of the Abkhaz ASSR “On election of the Deputies to the Supreme Council of the Abkhaz ASSR of 20th Convocation and People’s Deputies to the Local Councils” of 9 July 1991 and pursuant to Article 20 of the Law of the Abkhaz ASSR “on election of the Deputies to the Supreme Council of the Abkhaz ASSR”, the Supreme Council of the Abkhaz ASSR decrees:
1. To set up the Central Electoral Commission on election of the deputies to the Supreme Council of the Abkhaz ASSR composed of:
V. M. Tsugba… Chairman of the Commission, Sukhumi City; V. V. Antsupov…Sukhumi City; V. I. Gasvian … Sukhumi City; I. Z. Grinenko… Gagra City; L. A. Demirchyan… Gudauta districts; G. A. Eremyan… Sykhumi City; P. L. Kvachakhia… Sukhumi City; I. T. Kvitsinia..; P. M. Lagvilava…Sukhumi City; M. G. Tashiyan … Tkvarcheli City; D. F. Timofeev … Sukhumi City; T. X. Khalbadi … Sukhumi City; V. I. Shonia … Gali district; R. I. Ebzhow… Sukhumi City.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
20 July 1991
(Newspaper “Afxazetis Khma”, # 122, 23 July 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEROGIA on Establishment of Interim Organs of Governance and Fixing the Date of Elections to Sakrebulos (local councils - edit.) on the Territory of the Former Tskhinvali District.
Due to the complicated situation in the former Tskhinvali district, elections to the local Sakrebulos have not been held. As a result, there is no organ of State authority and governmental body at the level of community and village.
Having considered proposal suggested by the Prefects of Gori and the Gori district on establishment of interim organs of Governance and fixation of date of elections to Sakrebulos, the Supreme Council of the Republic of Georgia decrees:
1. To entrust the Prefects of Gori and the Gori district with a task of appointing their plenipotentiaries as acting Camgeblebi (Chairpersons - edit.) of Sakrebulos on the territory of former Tskhinvali District’s community councils.
2. The term of jurisdiction of the plenipotentiaries shall be expired immediately upon election of Gamgeblebi to local Sakrebulos.
3. To hold elections to the Kurti, Kemerti and Berula community Sakrebulos respectively on 25, 26, and 28 September of 1991.
4. This decree shall come into force immediately upon publication.
Chairman of the Supreme Council of the Republic of Georgia Akaki Asatiani
25 July 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 7, p. 93)
LAW OF THE REPUBLIC OF GEORGIA on Changes and Amendments to the Constitution
The Supreme Council of the Republic of Georgia decrees:
To make the following changes and amendments to the Constitution of the Republic of Georgia:
1. To word the first part of Article 1212 as follows:
“The person born in Georgia, from 35 to 65 years old, which has permanently lived in Georgia for at least last 5 years, may be elected as the president of Georgia”
2. To word the Paragraph 10 and 13 of Article 1214 as follows:
10) Signs the laws of the Republic of Georgia; is authorized to return the law with further amendments to the Supreme Council of the Republic of Georgia or to the Supreme Council of the Autonomous Republic within two weeks. If the Supreme Council of the Republic of Georgia or the Supreme Council of the Autonomous Republic approves their previous decision with 2/3 of votes, the president of the Republic shall sign the law of the Republic or issue the decree on termination of effect of the law of the autonomous republic, or submit it to the referendum”
13) Is authorized to abolish Decrees issued by the Government of the Republic of Georgia and Decrees and Orders issued by the Ministries and legal acts of other subordinated agencies, as well as the Decrees issued by the Prefects; to terminate the validity of Decrees issued by the Supreme Council of Autonomous Republic and Decrees and Orders issued by the Council of Minister of the Autonomous Republic if they do not comply with the Constitution and the laws of the Republic of Georgia”
The president of the Republic of Georgia Z. Gamsakhurdia
25 July 1991
(Bulletin of the Supreme Council of Georgia; # 7, 1991, p. 88-89)
DECREE # 342 ISSUED BY THE MINISTRY OF EDUCATION OF THE REPUBLIC OF GEORGIA on Regulation of Enrolment in Pre-School Establishment and First Classes of Secondary Schools
The pedagogical science and practice have born it out that education of children in non-native language inflicts immense damage to formation of individuality, causes mental and physical deformation among children and condemns them to being inferior members of society. Nevertheless, due to heavy legacy of the past, there are some incidents when parents, being unaware of elementary requirements of pedagogical science, tend to make wrong decisions - they enroll their children in non-Georgian pre-school establishments and first classes of secondary schools. And all that is happening when huge attention is being paid to restoration and strengthening of State status of Georgian language.
Proceeding from the aforementioned, I decree:
1. To entrust the Ministries of Education of Autonomous Republics, heads of Departments of Education of cities and districts, directors (managers) of non-Georgian pre-school establishments and secondary schools with a task of securing that not a single child of Georgian nationality is enrolled in non-Georgian pre-school establishment and first class of secondary school.
2. To entrust the Department of Education in Secondary Schools with a task of monitoring proper implementation of this decree.
Minister E. Javelidze
31 July 1991
(Archive of the Ministry of Education of Georgia)
DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Stay of Execution of Law of the Abkhaz ASSR Adopted on 9 July 1991 on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR.
On July 9, 1991 the Supreme Council of the Abkhaz ASSR adopted a Law on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR, according to which the Prosecutor of the Abkhaz ASSR is appointed by the Supreme Council of the Abkhaz ASSR with the consent of the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia, and is accountable to the Supreme Council of the Abkhaz ASSR. While monitoring observance of law and order, Prosecutor of the Abkhaz ASSR is accountable to the Prosecutor General of the USSR and the Prosecutor General of the Republic of Georgia.
Deputy Prosecutors of the Abkhaz ASSR, provided there is consent from the Prosecutor General of the Republic of Georgia, are appointed by the Supreme Council of the Abkhaz ASSR upon proposal of the Prosecutor of the Abkhaz ASSR. Prosecutors of districts and towns of the Abkhaz ASSR, provided there is consent from the Prosecutor General of the Republic of Georgia, are appointed by Prosecutor of the Abkhaz ASSR.
This Law of the Abkhaz ASSR contradicts to Article 77 of the Constitution of the Republic of Georgia, according to which “the Prosecutors of the Autonomous Republics of the Republic of Georgia are appointed by the Prosecutor General of the Republic of Georgia upon proposal of the Supreme Council of the Autonomous Republics”.
Pursuant to Paragraph 10 of Article 1214 of the Constitution of the Republic of Georgia, I decree:
1. To terminate implementation of Law of the Abkhaz ASSR Adopted on July 9, 1991 on Introduction of Amendments to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR, since it contradicts to the Constitution of the Republic of Georgia.
2. Pursuant to article 82 of the Constitution of the Republic of Georgia, to suggest to the Supreme Council of Abkhazian ASSR that in the process of appointment of Prosecutor, deputy Prosecutors and Prosecutors of towns and districts of the Abkhaz ASSR be guided by the requirements of Article 77 of the Constitution of the Republic of Georgia.
President of the Republic of Georgia Zviad Gamsakhurdia
5 August 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 8, p. 9-10)
DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Stay of Execution of the decree issued on 20 July 1991 by the Presidium of Supreme Council of the Abkhaz ASSR
On 20 July 1991 the Presidium of the Supreme Council of the Abkhaz ASSR issued the decree on “Creation of Central Electoral Commission for the Elections of Deputies to the Supreme Council of the Abkhaz ASSR”.
This act of the Presidium of the Supreme Council of the Abkhaz ASSR grossly violates the Constitution of the Republic of Georgia, the current legislation and the law of ASSR on “the Elections of Deputies to the Supreme Council of the Abkhaz ASSR” itself.
Two thirds of the total number of members of the Central Electoral Commission are representatives of the bloc “Soyuz”. 13 Members of the Commission are from Sukhumi, while representatives proposed by the executive committees of Guliripsh, Ochamchira and Sukhumi districts were denied membership of the Commission without any explanation and justification. Therefore, Article 20 of the law of ASSR on “the Elections of Deputies to the Supreme Council of the Abkhaz ASSR was violated, according to which in the process of creation of central electoral commission, proposals put forward by executive committees of districtss and towns must be taken into due account.
As a result of the decree issued by the Presidium of Supreme Council of the Abkhaz ASSR, the Georgian population of Abkhazia found itself being overtly discriminated against. Unlike the rest of population, electoral rights of Georgians are not protected at all. The fact that the legislation of Abkhazia does not provide for procedures of challenging decisions of the central electoral commission further aggravates the already difficult situation of Georgian electorate. All the aforementioned represent violation of article 32 of the Constitution of the Republic of Georgia, which provides for principle of equality of all citizens in their electoral rights regardless of their ethnic origin.
Holding of elections of Deputies to the Supreme Council of the Abkhaz ASSR through non-democratically and illegally elected central electoral commission determined the very unlawfulness of the elections from the very start.
Pursuant to Paragraph 13 of Article 1211 of the Constitution of the Republic of Georgia
I decree:
To terminate the execution of the decree issued on 20 July 1991 by the Presidium of Supreme Council of Abkhazian ASSR on “Creation of Central Electoral Commission for the Elections of Deputies to the Supreme Council of the Abkhaz ASSR” as it contradicts to the Constitution and the current legislation of the Republic of Georgia.
President of the Republic of Georgia Zviad Gamsakhurdia
5 August 1991
(Newspaper “Sakartvelos Respublica”, # 130, 7 August 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Activities Carried Out during the events of 19-21 of August by the Bureau of the Central Committee of Communist Party (CP) of Georgia, the Republican Committee of CP of Abkhazia, the Oblast Committee of CP of the former South Ossetia and the self-imposed Executive Committee of the Council of People’s Deputies of so called South Ossetia.
In gross violation of the USSR Constitution itself, from 19-21 August 2002 attempted coup d’etat took place in the USSR that gave rise to activation of the USSR-created spy organizations in the neighboring to the USSR sovereign States. Those actions resulted in overt military interventions and attempted interventions in the Baltic States and Georgia, aiming to topple the constitutional regimes and dismantle statehood of those countries.
Statements of organs of Communist Party of Georgia (and the Abkhaz ASSR) and of so called South Ossetia in support of the criminal group of organizers of attempted coup d’etat in the Soviet Union, amount to overt appeal to the illegal junta of foreign country to interfere in internal affairs of the sovereign Georgia aimed at toppling the constitutional government in Georgia and violate its territorial integrity.
“Activities” of the self-imposed Executive Committee of the Council of People’s Deputies of the so-called South Ossetia deserve special mentioning. As it is widely known that for more than 8 months now, this criminal group, thanks to vast support of armed forces of the USSR, has been usurping state power and exercising illegal authority on the part of territory of Shida Kartli. In response to these illegal actions, the Supreme Council and the President of the Republic of Georgia have repeatedly raised protest against the relevant bodies of the USSR and the International community. “Thanks” to the criminal activities of the USSR “competent” organs, the state of lawlessness is still continues to persist, while the aforementioned individuals laid bare their genuine face by fully supporting the so called The State Emergence Committee of the USSR.
Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:
1. To prohibit the Communist party of Georgia and all Communist Unions on the territory of Georgia and to suspend the functioning of their bodies.
2. To nationalize the property of the Communist party of Georgia and all Communist Unions on the territory of Georgia declaring is as the property of the Republic of Georgia.
3. The Government of the Republic of Georgia shall secure receiving of the property of the Communist party of Georgia and all Communist Unions on the territory of Georgia.
4. The Banks of the Republic of Georgia shall terminate all banking operations from the accounts of the Communist party of Georgia and all Communist Unions on the territory of the Republic of Georgia, including primary, district, regional organizations and economic and other subordinate organizations.
5. The Prosecutor’s Office of the Republic of Georgia shall address and make decision on bringing to justice those individuals, who have committed crime against the Republic of Georgia in the course of the 19-21 August events unfolded in the USSR.
6. To terminate authority of the Deputies elected at the Supreme Council of the Republic of Georgia from the Communist Party of Georgia; The Commission on Mandate and Ethics of Deputies shall submit a proposal to the next session on the authority of those deputies.
7. The persecution or discrimination of citizens with regard of their membership in the Communist Party is inadmissible.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
26 August 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 8, p. 164-165)
LAW OF THE ABKHAZ ASSR on amendments to the Constitution (Organic Law) of the Abkhaz ASSR
The Supreme Council of the Abkhaz ASSR decrees:
To make the following amendments to the Constitution (Organic Law) of the Abkhaz ASSR:
1. To add to Article 98 of the Constitution of the Abkhaz ASSR the following words: “laws and other legal acts related to the issue of the legal status of the Abkhaz ASSR shall be decided by two-thirds of the total number of Deputies of the Supreme Council of the Abkhaz ASSR that is considered by this Constitution.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on implementation of the law of the Abkhaz ASSR of 27 August 1991 “on amendments to the Constitution (Organic Law) of the Abkhaz ASSR”
The Supreme Council of the Abkhaz ASSR decrees:
The Law of the Abkhaz ASSR of 27 August 1991 “on amendments to the Constitution (Organic Law) of the Abkhaz ASSR” shall come into force from the moment the decision on the political-legal status of the Abkhaz ASSR will be taken by the Supreme Coucnils of Georgia and the Abkhaz ASSR.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)
LAW OF THE ABKHAZ ASSR on changes to the law of the Abkhaz ASSR on Public Referendum in the Abkhaz ASSR
The Supreme Council of the Abkhaz ASSR decrees:
To add to Article 5 of the Law of the Abkhaz ASSR “on Public Referendum in the Abkhaz ASSR” as the paragraph 3 the following:
“The issues related to the holding the referendum that needs constitutional changes shall be decided solely by the Supreme Council of the Abkhaz ASSR by the two-thirds majority out of the total number of the Deputies of the Supreme Council of the Abkhaz ASSR as it is considered by the Constitution of the Abkhaz ASSR”.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)
LAW OF THE ABKHAZ ASSR on changes to the law of the Abkhaz ASSR “on election of the Deputies to the Supreme Council of the Abkhaz ASSR”
The Supreme Council of the Abkhaz ASSR decrees:
To introduce to the Law “on election of the Deputies to the Supreme Council of the Abkhaz ASSR” the following changes and amendments:
(…)
2. Due to the necessity of stabilization of inter-ethnic relations in the Republic in time of elections of the Supreme Council of the Abkhaz ASSR, to add to Article 15 of the law of the Abkhaz ASSR “on election of the Deputies to the Supreme Council of the Abkhaz ASSR”, as a provisional measure, the following wording: “Only Abkhaz nationals are authorized to participate in the elections as the candidates at the following electoral districts: ## 7, 8, 9,11, 14, 15, 21, 22, 23, 24, 25, 26, 27, 28, 38, 39, 40, 41, 42, 43, 45, 54, 57, 58, 60, 62 and only Georgian nationals at the following districts: ##1, 2, 5, 13, 16, 17, 20, 29, 30, 31, 32, 33, 34, 35, 36, 37, 47, 48, 49, 50, 52, 56, 59, 61, 64, 65”
11. To formulate Paragraph 2 of Article 53 as follows:
“The candidate to the Deputy shall be considered elected if he/she got more votes than another candidate regardless the number of electors participating in voting”.
12. This law shall come into force with immediate effect.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Abkhazia”, # 37, 31 August 1991)
TEMPORARY LAW OF THE ABKHAZ ASSR on Rules of Election and Appointment of Officials by the Supreme Council of the Abkhaz ASSR
To introduce the following procedures of election and appointment of officials by the Supreme Council of the Abkhaz ASSR in accordance with Articles 93,99,104 and 111 of the Constitution of the Abkhaz ASSR:
1. The Chairman of the Supreme Council of the Abkhaz ASSR shall be elected from the Abkhaz Deputies of the Supreme Council of the Abkhaz ASSR by secret ballot for a term of five years not more than two consecutive terms as Chairman.
2. The First Deputy to the Chairman of the Supreme Council of the Abkhaz ASSR shall be elected from the Georgian Deputies of the Supreme Council of the Abkhaz ASSR by secret ballot upon the submission of the Chairman of the Supreme Council of the Abkhaz ASSR for a term of five years not more than two consecutive terms.
3. The Chairman of the Council of Ministers of the Abkhaz ASSR shall be appointed by the Supreme Council of the Abkhaz ASSR upon nomination of the Chairman of the Supreme Council of the Abkhaz ASSR from the Georgian nationals by simple majority of votes.
4. The First Deputy to the Chairman of the Council of Ministers of the Abkhaz ASSR shall be appointed by the Supreme Council of the Abkhaz ASSR upon nomination of the Chairman of the Council of Ministers of the Abkhaz ASSR from the Abkhaz nationals by simple majority of votes.
5. The Deputies to the Chairman of the Council of Ministers, the Ministers, Chairmen of the State Committees and other agencies of state management under the jurisdiction of the Council of Ministers of the Abkhaz ASSR shall be appointed by 2/3 of votes upon nomination of the Chairman of the Council of Ministers of the Abkhaz ASSR.
6. The ethnic composition of standing and other commissions shall comply with the ethnic composition of the Supreme Council of the Abkhaz ASSR.
7. This law shall be adopted and changed pursuant to Article 62 of the Constitution of the Abkhaz ASSR and shall be in effect within the term of authority of the Supreme Council of the Abkhaz ASSR of the 20th convocation.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Personal Archive of Author)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Bringing into Effect the Temporary Law of the Abkhaz ASSR on “Rules of Election and Appointment of Officials by the Supreme Council of the Abkhaz ASSR”
The Supreme Council of the Abkhazian ASSR decrees:
To bring into effect the Temporary Law of the Abkhaz ASSR on “Rules of Election and Appointment of Officials by the Supreme Council of the Abkhaz ASSR on 1 October 1 1991.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Personal Archive of the Author)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on termination of activity of the Abkhaz Republican Committee of the Communist Party of Georgia
Due to the termination of the activity of the Central Committee of the Communist Party of the USSR and prohibition of the activity of the Communist Party of Georgia, and in the course of statement of the Abkhaz Republican Committee of the Communist Party of Georgia on support of so called State Committee on Emergency Situations,
the Supreme Council of the Abkhaz ASSR decrees:
1. To terminate activity of the Republican Committee of the Communist Party of Georgia on the territory of the Abkhaz ASSR.
2. Ispolkoms of the People’s Deputies shall exercise adequate measures in conformity with the acting legislation aimed at regulating the issues of employment and social security of the former Party personnel.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 1991
(Newspaper “Afxazetis Khma”, # 145, 5 September 1991)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the Law of the Republic of Georgia “On Introduction of Changes and Amendments to the Constitution of the Republic of Georgia”
The Law of the Republic of Georgia of 31 July 1991 “On Introduction of Changes and Amendments to the Constitution of the Republic of Georgia”, expanding the authority of the President of the Republic of Georgia, entitled him with the right to suspend the laws of the Abkhaz ASSR and returning them back to the Supreme Council of the Autonomous Republic for reconsideration and adoption with a two-thirds of votes. In addition to the aforementioned, the amendments and changes to the Constitution entitled him with a right of suspension of those decrees of the Supreme Council and the Council of Ministers of the Autonomous Republic of Abkhazia that contradict to the Constitution and laws of the Republic of Georgia.
The Law on “Introduction of Changes and Amendments to the Constitution of the Republic of Georgia” was adopted in violation of the current Constitution of the Abkhaz ASSR, according to which the Supreme Council of the Abkhaz ASSR is entitled to independently decide on all issues under its competence by simple majority of deputies of the Supreme Council of the Abkhaz ASSR.
Taking into account the fact, that the Law of the Republic of Georgia on “Introduction of Changes and Amendments to the Constitution of the Republic of Georgia” was adopted in a unilateral manner and in violation of the sovereignty of Abkhazia, the Supreme Council of the Abkhaz ASSR decrees:
1. To consider the Law of the Republic of Georgia on “ Introduction of Changes and Amendments to the Constitution of the Republic of Georgia” as having no legal force and not subject to implementation.
2. In order to stabilize the situation and avoid inter-ethnic tensions, to immediately dispatch Comr. V.G. Kolbaia - First Deputy Chairman of the Supreme Council of the Abkhaz ASSR to the Republic of Georgia in order to put forward proposal on abrogation of legal acts, adopted in violation of the Constitution of the Abkhaz ASSR.
Chairman of the Supreme Council the of Abkhaz ASSR V. Ardzinba
27 August 1991
(Personal Archive of the Author)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Decree Issued by the President of the Republic of Georgia on “Suspension of the Law of Abkhazian ASSR of 9 July 1991 on Introduction of Amendments and Changes to Paragraph 14 of Article 92 and Article 156 of the Constitution of the Abkhaz ASSR”.
By the virtue of the decree issued by the President of the Republic of Georgia on 5 August 1991, those articles of the Constitution of the Abkhaz ASSR, defining the procedures of appointment of the Prosecutor of the Abkhaz ASSR and prosecutors of cities and districts of the Autonomous Republic, have been suspended and it is offered to the Supreme Council of the Abkhaz ASSR when appointing the Prosecutor and/or his/her Deputies, prosecutors of cities and districts of the Abkhaz ASSR, to be guided by Article 177 of the Constitution of the Republic of Georgia, according to which prosecutors of the Autonomous Republics are to be appointed by the Prosecutor General of the Republic of Georgia upon the proposals from the Supreme Council of Autonomous Republics.
This decree contradicts to Article 166 of the Constitution of the USSR and violates the right of the Autonomous Republic to independently decide on the issues of personnel policy.
In accordance with Article 2 of the law of USSR on “Separation of Competencies between the USSR and Subjects of the Federation”, if there is contradictions between the Constitution of the USSR and Constitution of the Union Republic of the USSR, the Constitution of the USSR shall prevail.
In addition, the decree of the President of the Republic of Georgia has been issued in violation of Article 121/4-paragraph 10 of the Constitution of the Republic of Georgia, according to which suspension of laws of the Autonomous Republic can be carried out within two weeks time-frame.
The Supreme Council of the Abkhaz ASSR decrees:
To consider the decree issued by the President of the Republic of Georgia on “ Suspension of the Law of Abkhaz ASSR of July 9, 1991 on Introduction of Amendments and Changes to Paragraph 14 of Article 92 and Article 156 of the Constitution of Abkhazian ASSR” as having no legal force and not subject to implementation.
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 August 27 1991
(Personal Archive of the Author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the laws of the Republic of Georgia “on Monetary Regulation in the Republic of Georgia”, “on the National Bank of the Republic of Georgia” and “on the Banks and Banking Activity”
The laws “On Central Bank of the Abkhaz ASSR (The Bank of Abkhazia)” and “on the Banks and Banking activity” were adopted by the Session of the Supreme Council of the Abkhaz ASSR on 28 February 1991 in conformity with the laws of the USSR “On the National Bank of the USSR” and “on the Banks and Banking Activity”. Pursuant to these laws the Bank of Abkhazia is included into unified system of the Central Bank of the USSR that shall carry out unified monetary, fiscal and foreign currency policy of the USSR.
The laws adopted by the Republic of Georgia “on Monetary Regulation in the Republic of Georgia”, “on the National Bank of the Republic of Georgia” and “on the Banks and Banking Activity” have established the monopoly of the Republic of Georgia on monetary and fiscal issues on the territory of the Abkhaz ASSR; Georgian Republican Bank of the State Bank of the USSR and other specialized Banks are declared as the property of the Republic of Georgia.
Moreover, several of the norms set out in the Georgian laws regarding the banks are not in agreement with the laws of the USSR, in particular: cash flow, emission, foreign currency regulation, monetary accommodation. The exclusive right of the USSR on currency issue and withdrawal of banknotes is breached. That is an attempt to change the banking system established by the USSR aimed at withdrawal of Abkhazia from the subordination of the unified banking system and introduction of the own currency of Georgia.
The laws adopted by the Republic of Georgia grossly violate the sovereign rights of Abkhazia in the part of realization of potential of the Abkhaz ASSR in banking activity rendered by the legislation of the USSR.
The Supreme Council of the Abkhaz ASSR decrees:
1. To consider null and void on the territory of the Abkhaz ASSR the laws adopted by the Republic of Georgia “on Monetary Regulation in the Republic of Georgia”, “on the National Bank of the Republic of Georgia” and “on the Banks and Banking Activity”, which undermine unified monetary, fiscal and foreign currency policy of the USSR.
2. The Central Bank of the Abkhaz ASSR shall secure efficient performance of the bank institutions and services in compliance with the laws “On Central Bank of the Abkhaz ASSR (The Bank of Abkhazia)” and “on the Banks and Banking activity”.
3. The Ministry of Finance of the Abkhaz ASSR shall not comply with the instructions of the Republic of Georgia related to the implementation of aforementioned laws of the Republic of Georgia and shall inform the Supreme Council of the Abkhaz ASSR in case of such instructions.
5. This Decree shall be sent to the Board of the National Bank of the USSR.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
30 August 1991
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Certain Acts Issued by the Ministry of Education of the Republic of Georgia
On 31 July of 1991 the Ministry of Education of the Georgian SSR issued the Order #343 that prohibits the Ministry of Education of the Abkhaz ASSR, heads of Departments of Education of cities and regions, directors (managers) of non-Georgian pre-school establishments and secondary schools to enroll in non-Georgian pre-school establishment and first class of secondary school a single child of Georgian nationality.
The mixed matrimony is a characteristic trait for multinational Abkhazia. Therefore, the children not always speak the language of nationality they belong to and due to objective reasons not a Georgian language is native one for them. Implementation of this law will establish serious impediments to the normal development of a child. The right to choose the language of education, in any cases, remains under the competence of parents. The Orders, like the aforementioned, violate the human rights and take anti-democratic and anti-human character.
The executive institutions of the Republic of Georgia widely exercise attempt to interfere within the sphere of exclusive competence of the Abkhaz ASSR; in accordance with the Order #288 of the Ministry of Education of 5 July 1991, the Ministry of Education of the Abkhaz ASSR is instructed to introduce the new seal, stamp and signboards, in accordance with the attached samples, to all educational establishments. Therefore, and pursuant to this document, Abkhazia is obliged to have the seal, stamp and signboards at all educational establishments that introduce the affiliation of the establishment exclusively to the Republic of Georgia and the Ministry of Education of Georgia without mentioning the title of the autonomous republic.
The Presidium of the Supreme Council of the Abkhaz ASSR decrees:
1. To consider null and void on the territory of the Abkhaz ASSR the Order #342 of the Ministry of Education of the Republic of Georgia.
2. To consider null and void on the territory of the Abkhaz ASSR the Regulations on introduction new seal, stamp and signboards to all educational establishments attached to the Order #288 of 5 July 1991 of the Ministry of Education of Georgia.
3. The city and district division of interior (militia), as well as the Department of Interior Affairs shall prevent producing the seals and stamps considered in the Regulations.
4. The Ministry of Education of the Republic of Georgia shall elaborate in two-month term and submit to the Supreme Council of the Abkhaz ASSR the programme aimed at improving the quality of teaching of national languages in pre-school establishments and in schools of Abkhazia.
5. The Ministry of Education of the Abkhaz ASSR shall exercise its function in compliance with the Decree #31 of 24 January of 1989 issued by the Cabinet of Ministers of the Abkhaz ASSR, Order #149 of 26 July of 1988 issued by the Cabinet of Ministers of the Abkhaz ASSR, as well as other legal acts issued by the Cabinet of Ministers and the Supreme Council of the Abkhaz ASSR, state and executive educational organs of the USSR.
Henceforth the decisions and acts adopted by the Ministry of Education and other state organs of the Republic of Georgia pertinent to the educational sphere shall be implemented only after getting approval of the Supreme Council and the Cabinet of Ministers of the Abkhaz ASSR.
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 September 1991
(Newspaper “Respublika Abkhazia”, # 13, 10 October 1991)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on securing the economic basis for the sovereignty of Abkhazia
In due course of the adoption of the law of the USSR “on organs of state authority and management of the USSR during transitional period” the substantive structural changes have been introduced to distribution of competences within the state organs of management of the USSR. The Union organs are authorized to carry out the function of coordinator in the economic sphere.
In this connection it’s necessary to secure the economic basis for the sovereignty of Abkhazia and decide the issues relating to the financing and material-technical supply of enterprises, institutions and economic establishments of the Union and Republic subordination.
By current state there are 243 enterprises, institutions and organizations subordinate to the Union and Union-Republic. The economic analyze of those institutions shows that the centralized system of material and technical supply of the institutions fails to provide resources for the operation of economic establishments. In addition to all paid taxes, dues and fees, these organizations also make allocations to their superior organizations. In current year these organizations allocated in the organizations of the Union subordination 3, 333, 600 roubles.
Considering the interests of multi-national Abkhazia regarding the securing of sovereign economic base and pursuant to the Constitution of the Abkhaz ASSR and Declaration of Independence of the Abkhaz SSR,
the Presidium of the Supreme Council of the Abkhaz ASSR decrees:
1. To entrust the Cabinet of Ministers of the Abkhaz ASSR (Comr. Mikanba V.T.) with the following tasks:
- to secure before 1st January 1992 transfer and receive under the jurisdiction of the state-management authority of the Abkhaz ASSR the Union and Union-Republic subordinate institutions, enterprises and economic organizations allocated on the territory of Abkhazia…
- to secure interstate transaction on the course of implementation of this Decree and coordination with the relevant Ministries and Agencies of the USSR and the Republic when deciding the issues infringing the interests of institutions, organizations and enterprises transferring under the jurisdiction of Abkhazia;
- to elaborate proposals on establishment of the State Committee on Property Management by 5 October 1991;
- to elaborate and endorse the Regulations on the State Committee on Property Management;
- to elaborate and approve within a week term the Guidelines “on Rules and Procedures on transferring the Union and Union-Republic institutions, enterprises and organizations, allocated on the territory of Abkhazia under the jurisdiction of the Abkhaz ASSR”
2. The Ministry of Justice of the Abkhaz ASSR, before 1 January of 1992, shall accomplish the registration all economic subjects transferring under the jurisdiction of Abkhazia.
3. The State Planning Committee of the Abkhaz ASSR (Comr. Ashkhantsava V.A), the Ministry of Finance (Comr. Sichinava R.B.) shall secure material-technical supply of institutions, organizations and enterprises transferring under the jurisdiction of Abkhazia…
(…)
Chairman of the Supreme Council of the Abkhaz ASSR V. Ardzinba
27 September 1991
(Newspaper “Respublika Abkhazia”, # 15, 12 October 1991)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Creation of the State Customs Service of the Republic of Abkhazia
The industrial-economic potential and geographical location of Abkhazia lays good ground to develop economic relations with foreign countries. The state Committee on foreign economic and inter-state relations has been established. There is a number of joint enterprises in progress. The issues on introducing the flights from Sukhumi to foreign countries, as well as introduction of free economic zone in Ochamchire District are under consideration.
In order to develop littoral trade, foreign tourism and economic relations, the presidium of the Supreme Council of the Abkhaz ASSR decrees:
1. To create the state Customs Service of the Republic of Abkhazia.
2. To negotiate the issues relating to the structure, personnel and activity of the state Customs Service of Abkhazia with the Customs Committee of the USSR.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
27 September 1991
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Suspension of Effect of the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR “on Creation of the State Customs Service of the Republic of Abkhazia”
On 27 September 1991 the Presidium of the Supreme Council of the Abkhaz ASSR issued a decree on “Creation of the State Customs Service of the Republic of Abkhazia” and agreed on structure, personnel and pattern of activities of the service with the Customs Committee of the USSR.
The aforementioned decision taken by the Presidium contradicts the Law of the Republic of Georgia on the “ Customs Service of the Republic of Georgia”, adopted on 15 September 1991. This law does not entitle the Autonomous Republics of Georgia with authority of creating customs services; moreover, the aforementioned decree contradicts Article 82 of the Constitution of the Republic of Georgia, according to which laws of the Republic of Georgia are equally binding on the whole territory of the Republic, including its autonomous republics.
Besides, by issuing the aforementioned decree, the Presidium violated Article 103 of the Constitution of the Abkhaz ASSR, which does not entitle it to take decisions of legislative character. Therefore, by doing so, the Presidium of the Supreme Council of the Abkhaz ASSR went beyond its competance.
Taking all the aforementioned into consideration and being guided by Article 121 Paragraph 13 of the Constitution of the Republic of Georgia, I decree:
To suspend implementation of the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia” since it contradicts both the Constitution of the Republic of Georgia and the Constitution of the Abkhaz ASSR.
President of the Republic of Georgia Zviad Gamsakhurdia
8 October 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p.13)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR “on Creation of the state Customs Service of the Republic of Abkhazia”.
On 27 September 1991 the Presidium of Supreme Council of the Abkhaz ASSR issued a decree on “Creation of the State Customs Service of the Republic of Abkhazia” and agreed on structure, personnel and pattern of activities of the service with the Customs Committee of the USSR.
The aforementioned decision taken by the Presidium contradicts the Law of the Republic of Georgia on the “ Customs Service of the Republic of Georgia” adopted on 15 September 1991. This law does not entitle the Autonomous Republics of Georgia with authority of creating customs services; moreover, the aforementioned decree contradicts Article 82 of the Constitution of the Republic of Georgia, according to which the laws of the Republic of Georgia are equally binding on the whole territory of the Republic, including its autonomous republics.
It should be pointed out, that by issuing the aforementioned decree, the Presidium violated Article 103 of the Constitution of the Abkhaz ASSR, which does not entitle it to take decisions of legislative character. Therefore, by doing so, the Presidium of the Supreme Council of the Abkhaz ASSR went beyond its competance.
By virtue of decree issued by the President of the Republic of Georgia, implementation of the Decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia” was suspended, since it contradicts the Constitution and the Laws of the Republic of Georgia.
In accordance with Article 104, Paragraph 8 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia guarantees supremacy of Georgian Laws on the whole territory of the Republic, and in accordance with Paragraph 24 of the same Article, the Supreme Council of the Republic of Georgia observes the proper application of the Constitution of the Republic of Georgia and makes sure that constitutions and laws of the Abkhaz ASSR and Ajara ASSR do not contradict the Constitution and Laws of the Republic of Georgia.
Taking all the aforementioned into consideration, the Supreme Council of the Republic of Georgia decrees:
1. To declare null and void the decree issued on 27 September 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia” since it contradicts the Constitution and Laws of the Republic of Georgia and the Constitution of the Abkhaz ASSR.
2. To advise the Supreme Council of Abkhaz ASSR to invalidate the decree issued on 27 September 1991 by the Presidium of Supreme Council of the Abkhaz ASSR on “Creation of the State Customs Service of the Republic of Abkhazia”
Chairman of the Supreme Council of the Republic of Georgia Akaki Asatiani
8 October 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p. 32-33)
DECREE ISSUED BY THE COUNCIL OF NATIONALITIES OF THE SUPREME COUNCIL OF THE RSFSR on Situation Established in the North Ossetian SSR
Having heard the information of the Commission on elaboration the measures aimed at stabilizing the situation in the region, the Council of Nationalities of the Supreme Council of the RSFSR decrees:
1. To take notice of the information on the situation in the North Ossetian SSR delivered by the Commission.
2. To address to the Presidents of the USSR, the RSFSR and the Republic of Georgia with request to set up intergovernmental commission on immediate settlement of political, legal, economic and other problems emerged due to current events in the region and elaborate the measures to exercise control over the implicit implementation of the achieved understandings and agreements.
3. To propose inclusion on the agenda of the 5th extraordinary Congress of the People’s Deputies of the RSFSR the issue “on implementation of the Resolution issued by the 3rd Extraordinary Congress of the people’s Deputies of the RSFSR “On the Situation in the South Ossetia”.
4. To advise to the Supreme Councils of the USSR and the RSFSR to speed up the process of adoption of the laws of the RSFSR “On Refugees and Displaced Persons” and “On Citizenship of the RSFSR”.
5. In case of failure in implementation of reached understandings and agreements, and taking into account the events in the South Ossetia, as well as increasing number of refugees to the North Ossetia running counter to the interests of the RSFSR, to address to the President of the RSFSR with a proposal to consider aforementioned issue.
6. The Council of Ministers of the RSFSR, within the ten-day term, shall consider the issue on caring out additional measures in order to grant material assistance to the North Ossetian SSR.
The Chairman of the Council of Nationalities
of the Supreme Council of the RSFSR R. G. Abdulatypov
16 October 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 44, p. 1715)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR on Appeal of the Session of the South Ossetian Oblast Council of the People’s Deputies to the Supreme Council of the North Ossetian SSR
Having discussed the appeal of the Session of the South Ossetian Oblast Council of the People’s Deputies of 13 September 1991, considering a new wave of escalation of the violence in the South Ossetia and urgent need to protect the population against deportation and genocide, the Supreme Council of the North Ossetian SSR decrees:
1. To address to the President of the RSFSR and the Supreme Council of the RSFSR for securing the fundamental human rights and carrying out immediate measures for putting an end to the bloodshed in the South Ossetia.
2. To ask the President and the Supreme Council of the RSFSR for considering the appeal of the South Ossetian Oblast Council of the People’s Deputies of 1st September 1991.
3. To ask the 5th extraordinary Congress of the People’s Deputies of the RSFSR for inclusion on the agenda the issue on implementation of the Resolution issued by the 3rd Extraordinary Congress of the People’s Deputies of the RSFSR “On the Situation in the South Ossetia”.
4. To entrust the Presidium of the Supreme Council of the North Ossetian SSR with a task of setting up the delegation, composing of the representatives of the South Ossetia, aimed at entering into negotiations with the state structures of the Republic of Georgia . The principal task at an initial stage of the negotiation shall be achievement of agreement on immediate elimination of violations in the territory of the autonomous oblast.
5. To address to the world community with the appeal to render the assistance to the South Ossetia in order to stop the genocide and settle the conflict; the Supreme Council of the North Ossetian SSR urges the United Nations to send the observers and experts to the South Ossetia and the regions of Georgia in order to investigate the cases of gross violations of the human rights.
The Chairman of the Supreme Council of the South Ossetian SSR A. Galazov
22 October 1991
(Newspaper “Youzhnaia Ossetia”, # 158, 7 November 1991)
DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on suspension of implementation of the Decree issued by the Supreme Council of Abkhazian ASSR on “Securing Economic Bases of Sovereignty of Abkhazia” and the Decree issued on 22 October 1991 by the Council of Ministers of the Abkhaz ASSR on “Subordination to Jurisdiction of the Abkhaz ASSR of all Enterprises and Organizations that have previously been under the Union and Republican Jurisdiction”
The Supreme Council of the Abkhaz ASSR issued the decree on “Securing Economic Bases of Sovereignty of Abkhazia”. In this regard, the Council of Ministers of the Abkhaz ASSR on 22 October 1991 issued the decree on “Subordination to Jurisdiction of the Abkhaz ASSR of all Enterprises and Organizations that have previously been under the Union and Republican Jurisdiction”. By the virtue of the same decree issued by the Council of Ministers, a special working group was set up that was entrusted with a task of coordinating all activities in that direction.
The aforementioned decree envisages transferring, freeing of charge, to jurisdiction of Abkhazia and its ownership of all enterprises and organizations located on the territory of the Abkhaz ASSR.
The aforementioned decrees issued by the Supreme Council the Abkhaz ASSR and the Council of Ministers of the Abkhaz ASSR are illegal and must be invalidated on the following grounds:
To issue a decree regulating transfer of the Union and Republican subordination enterprises and organizations under the jurisdiction of Abkhazia goes beyond the competence of the Supreme Council of the Abkhaz ASSR;
By issuing the aforementioned decrees, provisions of the Constitution of the Republic of Georgia have been violated, since according to the Constitution all issues related to the ownership and management of property of the Autonomous Republic must be decided upon agreement with the Supreme Council and Government of the Republic of Georgia.
Taking into account all the aforementioned I decree:
1. To suspend implementation of the Decree issued by the Supreme Council of the Abkhaz ASSR on “Securing Economic Bases of Sovereignty of Abkhazia” and of the Decree issued on 22 October 1991 by the Council of Ministers of the Abkhaz ASSR on “Subordination to Jurisdiction of the Abkhaz ASSR of all Enterprises and Organizations that have previously been under the Union and Republican Jurisdiction” and declare them as legally null and void.
2. To advise a newly elected Supreme Council of the Abkhaz ASSR to reconsider this issue.
President of the Republic of Georgia Zviad Gamsakhurdia
Tbilisi, 24 October 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 10, p. 22-23)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE RSFSR on the Situation in the North Ossetian SSR
Having heard the information of the Commission of the Deputies on the situation in the North Ossetian SSR, the Supreme Council of the RSFSR expresses deep concern at the situation established in this republic.
As a result of the violation of human rights in the Republic of Georgia the flow of refugees from the South Ossetia and other regions of Georgia to the North Ossetia is increasing. Currently the total number of refugees exceeds of 85,000 people. Such situation substantively worsens the social conditions of the population and intensifies the tension in the North Ossetia. As a matter of fact the leadership of Georgia didn’t take into consideration the appeal of the 3rd extraordinary Congress of the People’s Deputies of the USSR regarding the situation in the South Ossetia. The complicated situation in the North Ossetia and unsettled conflict in the South Ossetia may lead to unpredictable consequences.
Aiming at normalization of the situation in the North Ossetia and in the whole region, the Supreme Council of the North Ossetian SSR decrees:
1. To offer to the President of the RSFSR to take all possible measures, and if necessary the strict economic sanctions against the Republic of Georgia in order to achieve early regulation of the conflict in the South Ossetia, restore the human rights respect and grant additional material assistance to the North Ossetian SSR.
2. To ask the Ministry of Foreign Affairs of the USSR for inviting the experts of the CSCE to consider the situation established in the South Ossetia and elaborate practical measures for the normalization of the situation.
First Deputy Chairman of the Supreme Council of the RSFSR R. Khasbulatov
25 October 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 44, p. 1709-1710)
RESOLUTION OF THE CONGRESS OF THE PEOPLE’S DEPUTIES OF THE RSFSR on the course of implementation of the Resolution of the 3rd Extraordinary Congress of the People’s Deputies of the RSFSR “on the situation in the South Ossetia”
Due to the extremely tensed situation has established since December of 1990 in the South Ossetia, large number of casualties, refugees, destroyed houses and people left without livings, the 3rd Extraordinary Congress of the People’s Deputies of the RSFSR adopted the Resolution “on the situation in the South Ossetia”. It proposed to the Supreme Council of the Republic of Georgia to restitute political status of the South Ossetian Autonomous Oblast in all structures of state authority, to release arrested Chairman of the Council of People’s Deputies of the South Ossetian Autonomous Oblast Torez Kulumbegov and other unlawfully detained officials, to take measures to return the refugees to the places of their permanent residence.
The leadership of the Republic of Georgia has ignored these reasonable proposals. As a result, the situation over the last seven months has become more acute and reached the state of a real catastrophe. The capital city of the South Ossetia - Tskhinvali and the settlement of Znauri are under the permanent artillery bombardment. More than 100 villages and settlements of the oblast are given to arson and devastated. The number of refugees from the South Ossetia and other regions of Georgia is more than 100,000. Existing situation runs counter to the national and political interests of the North Caucasus in whole.
Taking into consideration the fact that the events in the South Ossetia pose the treat to stability and security of the RSFSR, the Congress of the People’s Deputies of the RSFSR decrees:
1. Together and in agreement with the Republic of Georgia, to take measures aimed at regulating the conflict in the South Ossetia, suspension of the activity of the illegal armed formations, raising the blockade of the motorways, return of refugees to the places of their permanent residence and securing the normal living conditions of the population of the region.
2. In case of disobedience on the side of the Republic of Georgia to carry out all necessary measures; the President of the RSFSR, the Supreme Council of the RSFSR, shall impose rigorous sanctions, including the economic ones against the Republic of Georgia aimed at restoration of human rights and conflict settlement in the South Ossetia.
3. To entrust the Council of Ministers of the RSFSR with a task of solving the issue on additional material and financial assistance to the refugees.
4. To address the President of the USSR, the Ministry of Interior of the USSR and the Ministry of Defence of the USSR to take measures within the competence of their agencies for establishment stability in the South Ossetia.
5. To propose to the Council of Ministers of the RSFSR to bring a suit against the Republic of Georgia on compensation of the assistance granted to the refugees from the South Ossetia and other regions of Georgia by the RSFSR.
First Deputy Chairman of the Supreme Council of the RSFSR R. Khasbulatov
1 November 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 45, p. 1771-1772)
STATEMENT OF THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA
Over the recent period the Parliament of Russia, and now the Congress of the RSFSR have adopted categorical ‘Decisions’ and ‘Resolutions’, as well as the appeals to the central authorities of the USSR aimed at imposing special sanctions against Georgia and its population.
Regretfully we have to state that certain officials at the Supreme Soviet of the RSFSR and outside of it, using the conflict in so called South Ossetia, provoked to some extent by the leadership of the former USSR, try to put a pressure on the Government and the President of Russia and made them continue the traditional imperial policy toward Georgia.
The thesis on aggression of Georgia is repeatedly voiced in order to mislead the Russian and International society. At the same time a main initiator of eruption of the interethnic conflict in Georgia – the leadership of the former USSR - is intentionally concealed. Declaration of the Chairman of the Soviet of Nationalities of the Supreme Soviet of the RSFSR Mr Abdulatipov on existence in North Ossetia 100 thousand of alleged refugees from Georgia is an outrageous lie. let us remind you that according to the All-Union census of 1989, the total number of population in South Ossetia was 65.238. Taking into consideration a number of Georgian refugees from South Ossetia that has already reached 20 000 people, there should not be even a single dweller on the territory of this oblast. The question is raised – whom the Russian troops are ‘protecting’ there? Who are conflicting sides there?
It is known that a part of Ossetian population willing to leave the territory of Georgia has already got the permission to immigrate, as well as the compensation from the government of Georgia; therefore, those people may not be considered as refugees. Moreover, many of Ossetian families are leaving for North Ossetia and after getting the status of refugee and relevant pecuniary aid, they return in Georgia, to the places of their former dwelling. Is the number of ‘refugees’ inflated at their expense?
The authorities of the North Ossetia, taking ‘advantage’ of the distress of the people, try to receive additional financial resources for alleged assistance to the refugees and the Supreme Soviet of the Russian SFSR finds there proposals rather appropriate to justify such allocations. In reality, resources are aimed at rendering the military support to the Ossetian extremists and escalation of military operations in Georgia. The Government of Georgia considers such developments as aggression against the independent Republic of Georgia.
We constantly declare that the conflict in so called South Ossetia and its consequences have been initiated not by the Georgian side and proceeds from the geopolitical interests of the Ossetian nationalism and imperial ambition of the USSR’s leadership.
As the conflict is unleashed on the territory of the Republic of Georgia, where the troops of the USSR together with Ossetian extremists are carrying out military operations, only the Soviet Government can be specified as an aggressor and all of the material damages to the Georgian side shall be compensated by the Government of the USSR or by its successor.
The Presidium of the Supreme Council of Georgia and its Government express the firm protest against declarations voiced by the Supreme Soviet of the RSFSR and the Russian Congress that may be used by hostile forces for worsening the relations between Russia and Georgia.
The Supreme Council of the Republic of Georgia, on its turn, is seeking the ways for regulation of the conflict in so called South Ossetia and has decided to make an appeal to the UN asking for sending international experts to Georgia.
Tbilisi, 5 November 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 11, p. 31-32)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Abolishment of the State of Emergency on the Territories of City of Tskhinvali and Java District.
The Supreme Council of the Republic of Georgia decrees:
1. To abolish the state of emergency on the territories of town of Tskhinvali and Java district.
2. The Ministries of Interior and Defence of the USSR must immediately withdraw troops under their jurisdiction from the territory of former South Ossetia.
Chairman of the Supreme Council of the Republic of Georgia A. Asatiani
25 November 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 11, p. 24)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on the Current Situation of Mobilization Reserves and Conscription to the Active Military Service
The situation over the recent period has significantly worsened with regard of accumulation of mobilization reserves of the Republic of Abkhazia.
First of all this is a result of the fact, that most of conscripts from Abkhazia perform the service in the facilitating military establishments.
The number of male-youth, the citizens of Abkhazia, willing to get the education in high-military educational institutions, has significantly reduced.
That is a result of insufficient performance of the Military Commissariats and executive committees that fail to exercise efficient pre-conscription activity.
The Youth organizations of Abkhazia keep distance from this very important task.
In order to increase the authority of the military service, prevent the trends to weakening the mobilization, and maintain alertness of military units and detachments deployed on the territory of Abkhazia, the presidium of the Supreme council of the Abkhaz ASSR decrees:
1. The Council of Ministers of Abkhazia together with the military commissariats shall elaborate and approve the measures on accumulation and strengthening of mobilization resources of Abkhazia before 1 January 1991.
2. To introduce the conscription to the military units deployed on the territory of Abkhazia of the call-up age youth in December 1991 through the competition except the people eligible for postponement of service.
4. The conscription shall be accomplished by 20 December 1991.
5. The military Commissars of the Republic, Sukhumi City and districts shall prevent integration of conscripts from Abkhazia to other military structures, as USD, commandant’s office, military registration and enlistment office etc.
6. The facts of detaching the conscripts to the aforementioned entities will be carefully investigated and the officials found guilty will be punished right up to removal from the office and transferring to the reserve.
The Procuracy, Ministry of Interior shall reveal the persons deviating from the service and bring to account in accordance of the legislation.
This Decree comes into force with immediate effect after its adoption.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
27 November 1991
(Newspaper “Respublika Abkhazia”, # 99, 30 November 1991)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE ABKHAZ ASSR on Creation of the State Security Service of Abkhazia
Due to the abolishment of the KGB of the USSR and its subordinate structures in the republic, the Presidium of the Supreme Council of the Abkhaz ASSR Decrees:
1. To abolish the KGB of Abkhazia;
2. To create the State Security Service of Abkhazia on the base of the KGB of Abkhazia;
3. The Council of Ministers of Abkhazia shall:
- elaborate the draft Regulations on the State Security Service of Abkhazia, its structural and staff arrangement and submit it to the Presidium of the Supreme Council of the Abkhaz ASSR.
- secure allocation of adequate appropriations and material resources for the functioning of the State Security Service of Abkhazia
4. The financing of the State Security Service of Abkhazia will be financed from the Republic budget of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
27 November 1991
(Newspaper “Respublika Abkhazia”, # 58, 13 December 1991)
DECREE ISSUED BY THE PRESIDENT OF THE REPUBLIC OF GEORGIA on Current Situation in Shida Kartli
The Ossetian separatists, having usurped power and enjoying vast support from the troops of the Ministry of Interior of the USSR and the Soviet Army, continue their anti-Constitutional and anti-State activities, thereby undermining the territorial integrity and sovereign rights of the Republic of Georgia.
On 26 October 1991 a session of the Supreme Council of the so called Republic of South Ossetia addressed issues relating to change of the title of the Republic, creation of new structures of power, adoption of constitution, endorsement of all the previously taken decisions on joining Russia, introduction of state of emergency, general mobilization, creation of Ossetian guard and other issues. Znaur Gasiev was elected at the session first Deputy Chairman and acting Chairman of the Supreme Council of the so-called Republic of South Ossetia.
It is noteworthy, that at the session it was acknowledged that after a decision of September 4 1991, which was taken by an illegal organ- Session of Deputies of South Ossetia elected at all levels, a constitutional vacuum prevailed in the region. This admission notwithstanding, the Ossetian separatists active in Shida Kartli seek to fill this “constitutional vacuum” with even more illegal, anti-constitutional actions. And the best proof of the aforementioned is the Session of Supreme Council of the so-called Republic of South Ossetia and decisions taken at the session.In accordance with the Law of the Republic of Georgia on “State of Emergency” and recent decisions taken by the highest state authorities of the Republic of Georgia, there is no legal basis for deployment of Troops of the Ministry of Interior of USSR and detachments of the Soviet Army on the territory of Shida Kartli, moreover, their presence in the region represents one of the major factors of destabilization any hostile activities directed against Republic of Georgia.In order to guarantee the sovereignty, state security and territorial integrity of the Republic of Georgia and pursuant to Article 121 Paragraph 2 of the Republic of Georgia,
I decree:
To declare invalidated and legally null and void the decision taken on 26 November 1991 by the anti-constitutional and anti-state institution - Session of the Supreme Council of the so-called Republic of South Ossetia.
The Prosecutor’s Office of the Republic of Georgia shall undertake all necessary measures against those who created an anti-constitutional organization aiming at undermining sovereignty of the Republic of Georgia and cessation of the region from the Republic of Georgia.
To demand from the competent bodies of the USSR immediate withdrawal from the territory of the Republic of Georgia of Troops of the Ministry of Interior and detachments of the Soviet Army deployed in Shida Kartli.
President of the Republic of Georgia Zviad Gamsakhurdia
2 December 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 12, p. 5-6)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Current Situation in Shida Kartli
The Ossetian separatists having usurped power continue their anti-Constitutional and anti-State activities. The very potent proof of the aforementioned is the fact that on 26 October 1991 a session of the Supreme Council of the so called Republic of South Ossetia addressed issues relating to change of the title of the Republic, creation of new structures of power, adoption of constitution, endorsement of all the previously taken decisions on joining Russia, introduction of state of emergency, general mobilization, creation of Ossetian guard and other issues. The convocation of session of the Supreme Council of the so-called Republic of South Ossetia and decision taken at the session are gross violations of Article 2, Paragraphs 3 and 6 of Article 72, Articles 73 and 104.
The Ossetian separatists are supported by the troops of the Ministry of Interior of the USSR and the Soviet Army, and in accordance with the current legislation of the Republic of Georgia and recent decisions taken by the highest state authorities of the Republic of Georgia, there is no legal basis for deployment of Troops of the Ministry of Interior of USSR and detachments of the Soviet Army on the territory of Shida Kartli, moreover, their presence in the region represents one of the major factors of destabilization any hostile activities directed against the Republic of Georgia.
In order to guarantee the sovereignty, state security and territorial integrity of the Republic of Georgia and pursuant to Article 104 Paragraph 24, the Supreme Council of the Republic of Georgia decrees:
1. To declare invalidated and legally null and void the decision taken on November 26 1991 by the anti-constitutional and anti-state institution - the Supreme Council of the so-called Republic of South Ossetia.
2. The Prosecutor’s Office of the Republic of Georgia shall undertake all necessary measures against those who created an anti-constitutional organization aiming at undermining sovereignty of the Republic of Georgia and cessation of the region from the Republic of Georgia.
3. To demand from the competent bodies of the USSR immediate withdrawal from the territory of the Republic of Georgia of Troops of the Ministry of Interior and detachments of the Soviet Army deployed in Shida Kartli.
Deputy Chairman of Supreme Council of the Republic of Georgia Nemo Burchuladze
3 December 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 12, p. 36-37)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF GEORGIA on Decree Issued on November 26 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR
On 26 November 1991 by the Presidium of the Supreme Council of the Abkhaz ASSR issued decree on “ The Current Situation of Mobilization of Reservists and Conscription for the Active Military Service”.
The decree envisages the following: accumulation and strengthening of mobilization resources of USSR, procedural norms of conscription for military service in Soviet Army detachments deployed on the territory of Abkhazia. That means creation of military formations of foreign States and will lead to destabilization of societal-political situation in the Abkhazian ASSR.
This decree issued by the Supreme Council of the Abkhaz ASSR constitutes gross violation of the Constitution of the Republic of Georgian and contradicts the decree issued on 9 September 1991 by the Supreme Council of the Republic of Georgia on “Creation of Ministry of Defence of the Republic of Georgia”. By virtue of this decree, the Ministry of Defense of the Republic of Georgia is authorized to establish a National Guard. The Constitutions of Abkhazian ASSR does not provide for military service in Abkhazia and it does not entitle the Supreme Council of the Abkhaz ASSR with authority to take decisions on such issues.
Pursuant to Paragraph 24 of Article 104 of the Constitution of the Republic of Georgia, the Supreme Council of the Republic of Georgia decrees:
To declare invalidated and legally null and void the decree issued on November 26, 1991 by the Supreme Council of Abkhazian ASSR on “The Current Situation in the Sphere of Mobilization of Reservists and Conscription for Military Service”, since it contradicts both the Constitutions of the Republic of Georgia and the Abkhaz ASSR.
Deputy Chairman of Supreme Council of the Republic of Georgia Nemo Burchuladze
3 December 1991
(Bulletin of the Supreme Council of the Republic of Georgia, 1991, # 12, p. 36-37)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE RSFSR on the course of implementation of Decree issued by the 5th Extraordinary Congress of the People’s Deputies of the RSFSR “on the situation in the South Ossetia”
Having heard the information of the Government of the RSFSR upon the request of the Deputies Gurevich L. B.; Zasukhina S. F.; Lisina V. P. and Shuiykov V.A. on the course of implementation of Decree issued by the 5th Extraordinary Congress of the People’s Deputies of the RSFSR on the situation in the South Ossetia, the Supreme council of the RSFSR decrees:
1. To make a note of the lack of efficient measures on the side of the government of the RSFSR in realization of the decisions of the third and fifth extraordinary Congress of the People’s Deputies of the RSFSR concerning the situation in the South Ossetia.
2. The Government of the RSFSR shall report the Supreme Council of the RSFSR before 25 December 1991 on implementation of the Resolutions of the Congresses, as well as on political, economic and organizational measures aimed at conflict settlement in the South Ossetia, human rights protection and return of refugees to the places of their permanent residence.
First Deputy Chairman of the Supreme Council of the RSFSR R. Khasbulatov
12 December 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 52, p. 2119-2120)
RESOLUTION on Denunciation of the Treaty on Establishing the USSR
Being guided by the Declaration on State Sovereignty of the RSFSR and in compliance with Section 15 of Article 15 of the Constitution (Basic Law) of the RSFSR, the Supreme Council of the RSFSR decrees:
To denounce the Treaty on establishing the Union of Soviet Socialist Republics, approved at the I Congress of the Soviets of the USSR on 30 December 1922 in the City of Moscow.
Chairman of the Supreme Council of the RSFSR R. I. Khasbulatov
Moscow, 12 December 1991
(Bulletin of the Congress of the People’s Deputies of the RSFSR and the Supreme Council of the RSFSR, 1991, # 50, p. 2050)
DECLARATION OF THE FIRST CONGRESS OF THE OSSETIAN PEOPLE on Restoration of National-political and Territorial Integrity of Ossetia
Ossetian people that inherited cultural valuables of ancient Skiff-Sarmanto-Alan valuables and maintaining its soil forming Ossetian nation today found themselves separated. Two centuries ago, trying to preserve the homeland and territorial-political integrity, Ossetian people voluntarily joined Russia. However, in 1920 the territory and the people of Ossetia were divided into North Ossetia included within the Russian Federation and South Ossetia that became the part of Georgia. Ossetians’ attempt to maintain unity was met with fierce resistance of Menshevik’s Georgia that resorted bloody terror against Ossetians residing in the South Ossetia. After 70 years Georgian authorities still use the policy of genocide.
Taking into account the fact of suspending the effect of the Union Treaty of 1922 and other legal acts of the USSR and expressing the will of the people of Ossetia towards the restoration of unity of the country, the extraordinary Congress of the people of Ossetia Declares:
1. The restoration of territorial integrity and national-political unity of the Ossetian People is the supreme goal through which the Ossetians will be able to preserve themselves as the nation. Ossetian people are determined to reach this goal solely through the civilized forms.
2. Restoration of Ossetia’s territorial integrity within the unified state is the only way for realization Ossetians’ right on self-determination based on voluntary union with the Russian Federation and the Commonwealth of Independent States.
This extraordinary Congress calls upon the Russian Federation and other independent states to recognize the rights of the Ossetian people to restore unified national state.
The Extraordinary Congress of the Ossetian People
Vladikavkaz, 13-14 December 1991
(Newspaper “Severnaia Ossetia”, # 254, 21 December 1991)
ALMA-ATA DECLARATION
The independent states:
The Republic of Azerbaijan, the Republic of Armenia, the Republic of Belarus, the Republic of Kazakhstan, the Republic of Kyrgyzstan, the Republic of Moldova, the Russian Federation, the Republic of Tajikistan, the Republic of Turkmenistan, the Republic of Uzbekistan and the Republic of Ukraine,
seeking to build democratic law-governed states, the relations between which will develop on the basis of mutual recognition and respect for state sovereignty and sovereign equality, the inalienable right to self-determination, principles of equality and noninterference in the internal affairs, the rejection of the use of force, the threat of force and economic and any other methods of pressure, a peaceful settlement of disputes, respect for human rights and freedoms, including the rights of national minorities, a conscientious fulfillment of commitments and other generally recognized principles and standards of international law;
recognizing and respecting each other's territorial integrity and the inviolability of the existing borders;
believing that the strengthening of the relations of friendship, good neighborliness and mutually advantageous co- operation, which has deep historic roots, meets the basic interests of nations and promotes the cause of peace and security;
being aware of their responsibility for the preservation of civilian peace and inter-ethnic accord;
being loyal to the objectives and principles of the agreement on the creation of the Commonwealth of Independent States;
declare on the following:
Co-operation between members of the Commonwealth will be carried out in accordance with the principle of equality through coordinating institutions formed on a parity basis and operating in the way established by the agreements between members of the Commonwealth, which is neither a state, nor a super-state structure.
In order to ensure international strategic stability and security, allied command of the military-strategic forces and a single control over nuclear weapons will be preserved, the sides will respect each other's desire to attain the status of a non- nuclear and (or) neutral state.
The Commonwealth of Independent States is open, with the agreement of all its participants, to the states--members of the former USSR, as well as other states--sharing the goals and principles of the Commonwealth.
The allegiance to co-operation in the formation and development of the common economic space, and all-European and Eurasian markets, is being confirmed.
With the formation of the Commonwealth of Independent States the USSR ceases to exist.
Member states of the Commonwealth guarantee, in accordance with their constitutional procedures, the fulfillment of international obligations, stemming from the treaties and agreements of the former USSR.
Member states of the Commonwealth pledge to observe strictly the principles of this declaration.
Alma-Ata, 21 December 1991
(Journal “Dimplomaticheskiy Vestnik”, 1992, # # 1, p. 7)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Dislocation of the Military Units, Establishments of Border-guard and Internal Forces, and Navy Forces and on Changes of Order of Their Functioning on the Territory of Abkhazia
Presidium of the Supreme Council of Abkhazia decrees:
1. Military units, establishments of border-guard and internal forces, and navy forces shall be dislocated on the territory of Abkhazia pursuant to the will of people and the Constitution of Abkhazia.
Their further presence in Abkhazia shall be solely and completely under the competence of the Supreme Council of Abkhazia and shall be determined by political agreements and legal norms.
Any legal acts, regardless the issuing agency, opposing this order and aimed at undermining of the defense power of the republic, destabilization of the military and political situation in the region and breaching the requirements of the Constitution of the republic, shall be considered invalid.
2. Considering the fact that the bodies of local defense management (commissariats, civil defense, technical defense societies), as well as military divisions No 5482, 3697 and their property, equipment, weapons, premises, ammunition depots and others shall be assigned under the jurisdiction of the republic pursuant to the Clause 11, Constitution of Abkhazia.
At the time being the staff of the aforementioned military structures is not a subject of reorganization from Abkhazia’s side and shall be regulated in according of the interstate agreements until the final settlement of the matter.
3. Officials of the commissariats, civil defense headquarters and military-technical societies of Abkhazia have no longer any right to pass or annihilate their property pursuant the previous procedures without relevant instruction of the Council of Ministers of Abkhazia.
4. The Abkhaz Council of Ministers shall determine the order of the execution of par 2 and 3 of this Decree.
5. The Military Commissar, Head of the Civil Defense Headquarters, Chairman of the Military-technical Society (DOSAAF) shall submit their proposals on the staff-organization structure under their subordination to the Abkhaz Supreme Council before 15 January 1992.
6 The present Resolution comes into force from the moment of its signing.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
29 December 1991
(T. Nadareihvili, Genotsid v Abkhazii, Tb., 1996, p. 37-38)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Establishment under the Chairman of the Supreme Council of Abkhazia the Interim Council on Coordination of the Activity and Re-subordination of the Military and Militia Units Dislocated on the Territory of Abkhazia
Due to the disintegration of the USSR and liquidation of the Union administrative structures, including the troops of the Interior Ministry of the USSR, and following the interests of the multinational population of Abkhazia an Interim Council for the coordination of the activities and re-subordination of the defence and Militia Troops dislocated on the territory of Abkhazia shall be established under the subordination of the Chairman of the Supreme Council of Abkhazia, composing the following officials:
Interim Council Chairman — V. G . Ardzinba, the Chairman of the Supreme Council of Abkhazia; First Deputy Chairman of the Council - colonel A. I. Arshba, the First Deputy Minister of Interior of Abkhazia; The Deputy Chairman of he Council - Lieutenant-colonel L. R. Gogzhiyan; Members of the Council: colonel Т. N. Chkadua, Military Commissar of Abkhazia; colonel S. P. Dbar, Military Commissar of Sukhumi city; colonel В. G. Mirvelov, Military commissar of Gagra city; Major A. B. Klimov, the commander of 5482 military unit; Lieutenant-colonel G. K. Agrba.
The Interim Council on coordination of the activities and re-subordinating military and Militia units shall follow the approved Regulation.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
29 December 1991
(T. Nadareishvili, Genotsid v Abkhazii, 1996, p. 38)
1992
DECREE ISSUED BY THE SUPREME COUNCILF OF THE REPUBLIC OF SOUTH OSSETIA on holding the public referendum of the Republic of South Ossetia
In conformity with Articles 4,5,9,14 and 17 of the Law of the Republic of South Ossetia “On Public Referendum”, the Supreme Council of the Republic of South Ossetia decrees:1. To hold the Public Referendum of the Republic of South Ossetia on Sunday, 19 January 1992.
2. To bring to the referendum two questions:
a) Do you support the independence of the South Ossetia?
b) Do you support the Decree issued by the Supreme Council of the independent Republic of the South Ossetia of 1 September 1991 on unification with Russia?
(…)
Acting Chairman of the Supreme Council of the Republic of South Ossetia Z. N. Gassiev
Tskhinval, 3 January 1992
(Personal archive of the author)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE ABKHAZ ASSR on measures for maintaining the public order and lawfulness in Abkhazia
The Presidium of the Supreme Council notes that public-political environment has significantly worsened over the recent period due to the actions of disobedience to the new state structures of Georgia carried out by the public organizations.
(…)
… These actions take illegal character; unauthorized demonstrations, processions and strikes, pickets and blockades of the railroad have become the norm. The organizers of these disorders, covered up with the slogans of protection the Constitutional rights, encourage the public disorder themselves.
(…)
Against the background of armed confrontation and human casualties in Tbilisi, the destabilization of the public-political situation and operation of economic establishments of Abkhazia aggravates the complicated situation in the Republic and may lead to the clash of large groups of people.
(…)
Guiding with the Constitution of Abkhazia, the Presidium of the Supreme Council decrees:
1. The Council of Ministers, city and district Councils of the People’s Deputies shall take immediate measures in order to maintain public order in the cities and districts of Abkhazia, strengthen control over, and management of the organizations, institutions and enterprises.
2. The Procuracy, Ministry of Interior, The Service on Public Order of Abkhazia shall reveal and bring to the justice in accordance with the legislation those persons that will be found guilty in public disorder, including the organizers of unlawful strikes and demonstrations.
(…)
Chairman of the Supreme Council of Abkhazia V. Ardzinba
13 January 1992
(Newspaper “Respublika Abkhazia”, # 11, 17 January 1992)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Additional Measures for Regulation the Public Order and Securing the Lawfulness in Abkhazia
The Presidium of the Supreme Council of the Republic of Abkhazia notes that against the background of existing public and political situation the criminogenic environment has become complicated. The crimes become more and more dangerous and take massive character. The Soldiers of the National Guard that is declared unlawful on the territory of Abkhazia actually carry the firearms.
(…)
The presidium of the Supreme council of the Abkhaz ASSR decrees:
1. To establish the rule that only law-enforcers of Abkhazia and officers and servicemen of the military unites under the jurisdiction of the Supreme Council of Abkhazia are authorized to carry firearms on the territory of Abkhazia; the authorization on carrying the gun shall be rendered by the competent authority of Abkhazia.
Other normative acts authorizing to carry firearms, as Identification Cards and Permission on carrying firearms, have no legal effect and shall be considered unlawful on the territory of Abkhazia; such IDs and permissions shall be confiscated and annulled.
2. Law-enforcement agencies of the Republic of Abkhazia (The Procuracy, The Ministry of Interior, State Security Service, formations of the Interior Troops under the jurisdiction of the Supreme Council of the Republic of Abkhazia) shall immediately set up the joint activity aimed at seizing of illegal arms from the population and individuals on the territory of Abkhazia.
3. The Ministry of Interior of the Republic of Abkhazia and formations of the internal troops under the jurisdiction of the Supreme Council of the Republic of Abkhazia shall carry out joint patrol in the public places and streets of the towns and settlements with participation of public representatives in order to secure public tranquillity and order.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
20 January 1992
(Newspaper “Respublika Abkhazia”, # 14, 28 January 1992)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Transferring of the agencies of Procuracy and the Ministry of Interior under the Jurisdiction of Abkhazia
Due to the termination of the existence of the USSR as a state and abolishment of state management structures, the Presidium of the Supreme Council of Abkhazia decrees:
1. To transfer under the jurisdiction of Abkhazia:
- the Procuracy of Abkhazia;
- the Ministry of Interior of Abkhazia.
2. To subordinate the Line Division of the Interior of Sukhumi Railway Station to the Ministry of Interior of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
24 January 1992
(Personal archive of the author)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Re-subordination of the Environment Procuracy and the Transport Procuracy under the Procuracy of the Abkhaz ASSR
The Presidium of the Supreme Council of Abkhazia notes that pursuant to the previous wording of Article 155 of the Constitution of Abkhazia, the district prosecutors, functioning on the territory of Abkhazia, were appointed by the Prosecutor of Georgia.
Article 155 of the Constitution of Abkhazia currently has been changed and in accordance with the new edition of this Article all district and regional prosecutors on the territory of Abkhazia are appointed by the Prosecutor of Abkhazia. Proceeding from the aforementioned the Environment and Transport Prosecutors shall be re-subordinated to the Prosecutor of Abkhazia.
In this course the Presidium of the Supreme Council of Abkhazia decrees:
To re-subordinate Sukhumi Environment and Transport Prosecutors of the Abkhaz ASSR under the Prosecutor of the Abkhaz ASSR retaining the right on supervision on their activity from the side of the Prosecutor of the Republic of Georgia in compliance with the current legislation of the Republic of Georgia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
24 January 1992
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Endorsement of the Provisions of the Interim Council on Coordination of Activities and Re-subordination of Military and Police Forces Attached to the Presidium of the Supreme Council of Abkhazia
The Presidium of the Supreme Council of Abkhazia decrees:
To endorse the Regulations of the Interim Council on Coordination of Activities and Re-subordination of Military and Police Forces Attached to the Presidium of the Supreme Council of Abkhazia (The Provisions is attached).
Chairman of the Supreme Council of Abkhazia V. Ardzinba
13 February 1992
(Personal archive of the author)
Regulations of the Interim Council on Coordination of Activities and Re-subordination of Military and Police Forces Attached to the Presidium of the Supreme Council of Abkhazia
1. The Council represents a State structure attached to the Presidium of the Supreme Council of Abkhazia, is subordinate to it and is designed for implementation of defense and military policy of Abkhazia.
The Council is composed of civilians and professional officers of the Armed Forces, Interior Troops, Ministry of Interior and Security Service.
The composition of the Council and number of its members shall be endorsed by the Presidium of the Supreme Council through open voting upon the proposal of the Chair of the Supreme Council of Abkhazia and can be changed in accordance with the evolving circumstances.
2. The Council shall work out and submit to the Presidium of the Supreme Council of Abkhazia for consideration proposals on defense issues and military policy. It shall cooperate with leadership of the Armed Forces in carrying out control on preparation and activities of all troops within the borders of Abkhazia.
3. The Council shall promote and contribute, to the maximum possible extent, combat readiness of all troops of Abkhazia, carry out leadership over those military structures that are under the jurisdiction of the Republic of Abkhazia.
4. The Council shall be entitled to offer its proposals to the relevant military commanders and high rank officials in different Ministries of Defence on the issues related to personnel policy, selection of officers of those military units, that are located on the territory of Abkhazia.
5. The Council shall take care to create all the necessary conditions for proper functioning of troops and shall draft legal acts on social and legal protection of servicemen and their families, as well as put forward proposals on granting different privileges to them and submit these proposals to the Presidium of the Supreme Council and the Government of Abkhazia.
In association with the bodies of Prosecutor’s Office of Abkhazia, the Council shall exercise control over implementation of legislation and military policy of Abkhazia.
6. In order to address the daily issues in a proper and timely manner, the Council shall set up a standing working body and a headquarters. Number of personnel, structure, military ranks and remuneration of the personnel of working body and headquarters, as well as material means necessary for implementation of their duties, shall be defined through a decree issued by the Council and can be changed in accordance with the evolving circumstances.
7. All civilians, organizations, enterprises, ministries and agencies, as well as commanders of military units, commanders of military agencies, enterprises and organizations shall be obliged to render timely and effective assistance to representatives of the Council throughout the territory of Abkhazia.
13 February 1992
(Personal archive of the author)
DECLARATION OF THE MILITARY COUNCIL OF THE REPUBLIC OF GEORGIA
The founding State documents of the Republic of Georgia are: “the Act of State Independence of Georgia”, declared by the National Council of Georgia on 26 May 1918 and the Constitution of Georgia, adopted by the Constituent Assembly of Georgia on 21 February 1921.
The Democratic Republic of Georgia, founded on the principles laid down in these documents and other legal acts adopted in 1918-1921, was recognized both de jure and de facto by the League of Nation and by the major member -States of it.
It was determined that the Constitution of Georgia would be exercised “permanently and uninterruptedly” (chapter 1, General Provisions, Article 10). After the adoption of the Constitution, the Parliament of Georgia did not determine procedures of its abrogation or suspension. Adoption of such a decree became possible through a decision made by the people through referendum, without which the Constituent Assembly was authorized neither to abrogate nor suspend the Constitution.
On 2 January 1992 the current Constitution of Georgia ceased to be functional and as a result the justice was restored. The period, contradicting the Constitution of Georgia from legal point of view, came to an end.
The Constitution of Georgia was adopted on 21 February 1921 when Georgia was at war with the Soviet Russia. This reality predetermined incorporation into the Constitution of some protective mechanism that would guarantee validity and continuity of the document in case of annexation and occupation of the country.
The Soviet Regime, being unable to introduce constitutional changes without compromising validity and continuity of the Constitution, had grossly violated that principle through abolishment of the Constitution and having resorted to military force changed local elected and democratic structures, and established its own political regime and replaced a Constitution adopted by the independent Georgian State with the Constitution of the Georgian SSR (GSSR).
The Authorities of the Republic of Georgia overthrown on 2 January 1992 was a legal successor not of the Democratic Republic of Georgia of 1918-21, but it was a successor of the Soviet Socialist Republic of Georgia proclaimed to have come into existence on 25 February 1921. Hence, it recognized the supremacy not of the Constitution of Georgia adopted by the Constitutive Assembly of the Democratic Republic of Georgia on 21 February 1921, but rather observed the totalitarian principles of Constitutions of the Georgian SSR adopted in 1922, 1927, 1937 and 1978 and were not immediate successor of the Parliament of Georgia, but were Authorities created on the basis of the aforementioned constitutions.
The Supreme Council of the Republic of Georgia, based on the results of the referendum held on 31 March 1991, adopted the Act of State Independence of Georgia on 9 April 1991, thereby restoring independence of Georgia attained by the virtue of the Act of Independence of 26 May 1918, and recognized the legality of the Constitution of the Democratic republic of Georgia. The Supreme Council of the Republic of Georgia failed to carry out in real life the principles declared by itself.
The Georgian Authorities refused to declare themselves a legal successor of the Democratic Republic of Georgia and did not restore the Constitution of 1918. Moreover, instead of establishment of a democratic State of Georgia, it has established the authoritarian regime.
On 22 December the President having usurped the power has unleashed war against the nation and suffered a natural defeat.
The Military Council of the Republic of Georgia that represents the State power at the moment deems it unacceptable to replace one illegal authority by the other similarly illegal one and emphasizes the necessity of restoration of lawful constitutional regime in Georgia.
Proceeding from the aforementioned, the Military Council of the Republic of Georgia declares that:
1. Without changing the current borders and State –territorial arrangement of the Republic of Georgia (with current status of Abkhazia and Ajara), it recognizes the international legal acts and supremacy of the Constitution of Democratic Republic of Georgia of February 21, 1921 and its implementation with due account of current realities.
2. Elections to the Parliament of Georgia shall be held based on the principles set out in the Constitution of Georgia of 21 February 1921, no later than autumn of 1992.
3. The Military Council of the Republic of Georgia alongside the Interim Government shall resign and confer power to a newly elected Parliament of Georgia at the very first session of the Parliament.
Members of the Military Council of the Republic of Georgia: T. Kitovani, J. Ioseliani
21 February, 1992
(Newspaper “Sakartvelos Respublica”, # 36, 25 February 1992)
DECREE ISSUED BY THE MILITARY COUNCIL OF THE REPUBLIC OF GEORGIA on Action of Legislation in the Republic of Georgia
In accordance with the Declaration issued by the Military Council of the Republic of Georgia on 21 February 1992 and taking into account the supremacy of the Constitution of the Republic adopted on 21 February 1921 and current realities, the Military Council of the Republic of Georgia decrees:
1. Until bringing the current legislation to conformity with the principles of the Constitution of Georgia, the current legislation shall remain in force on the territory of the Republic of Georgia except for those legal acts that run counter to the principles of the Constitution of the Republic of Georgia.
2. To entrust the Interim Government of the Republic of Georgia with a task of bringing the current legislation to conformity with the principles of the Republic of Georgia.
On behalf of the Military Council: T. Kitovani, D. Ioseliani
24 February 1992
(Newspaper “Sakartvelos Respublica”, # 36, 25 February, 1992)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Re-subordination of the Military Commissariats (Registration and Enlistment Offices -edit.) of Abkhazia
Due to the decision on subordination of the Military Commissariats under the Ministry of Defence of Georgia,
the Presidium of the Supreme Council of Abkhazia decrees:
1. to subordinate the Military Commissariats of Abkhazia under the jurisdiction of the Coordinating Council on Activity and Re-subordination of Military and Militia Units established at the Presidium of the Supreme Council of Abkhazia.
2. The Council of Ministers of Abkhazia together with the Coordinating Council on Activity and Re-subordination of Military and Militia Units shall determine the procedures of further functioning of the Military registration and enlistment offices of Abkhazia.
3. This Decree shall come into force from 1 March 1992.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
25 February 1992
(Personal archive of the author)
LAW OF ABKHAZIA on amendments to the law “on Legal Regime of the State of Emergency in the Abkhaz ASSR”
To add, as the paragraph 3 to Article 2 of the law “on Legal Regime of the State of Emergency in the Abkhaz ASSR” the following:
“In compliance with the certain established circumstances, the Presidium of the Supreme Council of Abkhazia can pronounce the special regime of conduct of the citizens with further submission to the Supreme Council of Abkhazia to be considered not later of 3 days”.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
26 February 1992
(Newspaper “Respublika Abkhazia”, # 33, 29 February 1992)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Additional Measures for Regulation the Public Order and Securing the Lawfulness in Abkhazia
The Supreme Council of Abkhazia decrees:
1. To establish the rule that only law-enforcers of Abkhazia and officers and servicemen of the military unites under the jurisdiction of the Supreme Council of Abkhazia are authorized to carry firearms on the territory of Abkhazia; the authorization on carrying the firearms shall be rendered by the competent authority of Abkhazia.
Any other Identification Cards and Permission on carrying firearms have no legal effect and shall be considered unlawful on the territory of Abkhazia; such IDs and permissions cannot be considered as a base for exemption of the bearer of firearm from the liabilities.
2. Law-enforcement agencies of the Republic of Abkhazia (The Procuracy, The Ministry of Interior, State Security Service, formations of the Interior Troops under the jurisdiction of the Supreme Council of the Republic of Abkhazia) shall immediately carry out the joint activity aimed at seizing of illegal arms from the population and individuals on the territory of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
26 February 1992
(Newspaper “Respublika Abkhazia”, # 33, 29 February 1992)
DECREE ISSUED BY THE SUPREME COUNCIL OF ABKHAZIA on Announcement the Special Regime of Conduct of the citizens on the Territory of Abkhazia
Due to the strain public-political and crime situation in Abkhazia, and in order to assure the protection of citizens and restoration of lawfulness and public order, incompliant with the law of Abkhazia on State of Emergency, the Supreme Council of Abkhazia decrees:
I. To introduce the special regime of conduct of the citizens on the territory of Abkhazia since 21.00h of 2 March 1991.
II. In order to exercise the special regime of conduct of citizens:
1. To prohibit the movement of motorcars and people from 23.00h to 06.00h of the next morning.
2. To prohibit demonstrations, processions and other actions that may destabilize the situation.
3. To prohibit the strikes.
4. The demonstrations can be organized only in conformity with the law.
5. In order to exercise the special regime of conduct of citizens:
- the search of motorcars and persons shall be permitted;
- the individuals who commit a breach of peace, and are not the residents of Abkhazia, shall be called to account and sent to their places of residence at their own expense.
- the guns, ammunitions, explosives and firearms that are not registered pursuant to the statue-established rules shall be seized;
(…)
7. This Decree shall remain in force until the special decision is taken by the Supreme Council of Abkhazia.
Chairman of the Supreme Council of Abkhazia V. Ardzinba
26 February 1992
(Newspaper “Respublika Abkhazia”, # 33, 29 February 1992)
LAW OF ABKHAZIA on Subordination of Certain State Management Organs
(…)
This law establishes the subordination of certain state management organs of Abkhazia.
Article 1. In due course of the reorganization of the Security Committee of the Republic of Abkhazia, it shall be withdrawn out of the structure of the Council of Ministers of the Republic of Abkhazia and attached under the subordination of the Supreme Council of the Republic of Abkhazia.
Article 2. In order to provide appropriate conditions for the privatization in the republic, the State Committee on the State Property Management and Privatization shall be withdrawn out of the subordination of the Council of Ministers of the Republic of Abkhazia and attached under the subordination of the Supreme Council of the Republic of Abkhazia.
Article 3. Considering the worsening of ecological condition and the necessity of conducting the urgent measures for its improvement and preservation of the recreation resources of the republic, the State Committee for Environment Protection shall be withdrawn from the structure of the Council of Ministers of the Republic of Abkhazia and attached under the subordination of the Supreme Council of the Republic of Abkhazia.
(…)
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
5 March 1992
(T. Nadareishvili, Genotsid v Abkhazii, p. 40-41)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Creation under the Chairman of the Supreme Council of the Republic of Abkhazia of the Interim Council on Coordination of activity of military units dislocated on the territory of Abkhazia
The Supreme Council of the Republic of Abkhazia decrees:
1. Do to the disintegration of the USSR and abolishment of the Union structures, including the military troops of the Ministry of Interior of the USSR, being guided by the interests of the multinational population of Abkhazia, considering the difficult public-political situation and necessity of its expeditious regulation - to set up under the Chairman of the Supreme Council of the Republic of Abkhazia the Interim Council on Coordination of activity of military units dislocated on the territory of Abkhazia.
2. The Presidium of the Supreme Council of the Republic of Abkhazia shall approve the Regulations on interim composition of the Council on coordination of activity of the military units dislocated on the territory of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
6 March 1992
(Personal archive of the author)
DECREE # 291 ISSUED BY THE CABINET OF MINISTERS OF THE REPUBLIC OF GEORGIA on the Decree # 255 on ”Transfer of Some Enterprises and Organizations under the Jurisdiction of the Ministry of Trade of the Abkhaz ASSR” issued by the Council of Ministers of the Abkhaz ASSR on 26 November 1991
The Cabinet of Ministers of the Republic of Georgia decrees:
Based on Article 16 of the Law of the Republic of Georgia on the “Cabinet of Ministers of the Republic of Georgia”, to suspend the decree #255 on ”Transfer of Some Enterprises and Organizations under the Jurisdiction of the Ministry of Trade of the Abkhaz ASSR” issued by the Council of Ministers of the Abkhaz ASSR on 26 November 1991 as an arbitrary and anti-Constitutional act that aims at violating the ownership right of the Republic of Georgia on the aforementioned enterprises and organizations.
Acting Prime-Minister of the Republic of Georgia T. Sigua
Acting Head of the State Chancellery
of the Cabinet of Ministers of the Republic of Georgia G. Beridze
10 March 1992
(Decrees Issued by the Cabinet of Ministers of the Republic of Georgia, March 1992, p. 131)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Procedures of Appointment of the Leading Personnel Within the System of the Ministry of Interior of the Republic of Abkhazia
Based on the Decree “On Transfer of the agencies of the Procuracy and the Ministry of Interior under the Jurisdiction of Abkhazia” issued by the Presidium of the Supreme Council of the Republic of Abkhazia on 24 January 1992, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
To introduce the following procedure of appointment:
- the First Deputy Minister, Deputy Ministers of the Ministry of Interior shall be appointed under the Decree issued by the Council of Ministers of the Republic of Abkhazia with prior consent of the Presidium of the Supreme Council of the Republic of Abkhazia followed by the Order of the Minister of Interior of the Republic of Abkhazia;
- heads of departments (divisions) of the Ministry of Interior of the Republic of Abkhazia shall be appointed by the Minister of Interior of the Republic of Abkhazia;
- heads of city and district divisions of Interior Affairs and transport interior divisions shall be appointed under the Decrees issued by the Minister of Interior agreed with the heads of local authorities and the Presidium of the Supreme Council of the Republic of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
17 March 1992
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Endorsement of the Military Oath
The Presidium of the Supreme Council of Abkhazia decrees:
To approve the text of the Military Oath.
Chairman of the Presidium of Supreme Council of Abkhazia V. Ardzinba
17 March 1992
(Personal archive of the author)
Oath of Allegiance
I, joining the Internal Forces of the Republic of Abkhazia, make an oath and solemnly swear to be an honest, brave, disciplined, vigilant soldier; keep the State and Military secrets; behave in full conformity with the Constitution and Law of Abkhazia; obey the orders of Commanders and Superiors.
I swear to master Military skills in good faith; protect the Military and National property; defend the Republic of Abkhazia regardless any danger to my life.
17 March 1992
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Temporary Procedure of “propiska” (registration of citizens at their places of residence - edit.) of the Citizens on the Territory of the Republic of Abkhazia
Before the privatization of dwelling fund and fulfilling the land reform, and before adoption of the law “on Citizenship of the Republic of Abkhazia”, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
1. The following persons shall be registered (propiska) at the dwelling houses of the cities, towns and town-type settlements regardless the space of the dwelling places:
a) Spouse - in the dwelling place of his/her spouse;
b) Under age children and wards - in the dwelling place of parents or tutors;
c) Adult children having no family of their own or having under age children and are not married - in the dwelling place of parents;
d) Parents - in the dwelling place of children;
e) Under age sisters and brothers having no parents, disable own sisters and brothers regardless the age if they have no family - in the dwelling place of sister or brother;
f) Military servicemen and retired officers from the Military Forces of the CIS after accomplishment of the active duty if they were conscripted from that settlement - in the dwelling place they occupied before conscription, or in the dwelling place of parents or other relatives.
g) The persons previously residing in the settlement that left it for the purpose to find temporary job or get the education outside of the republic - in the dwelling place they resided before departure.
h) The persons released from penitentiary facilities after serving the sentence, and also the persons that had been removed restrictions from conditional punishment with obligatory involvement in labour - in the dwelling place of their parents or relatives they lived with before conviction.
The citizens temporarily left the dwelling shall be registered at dwelling place regardless its size (space) if by statute-established rules they retain the right on “propiska”.
2. “Propiska” of persons invited by enterprises, organizations or agencies as the necessary specialists shall be carried out on the exceptional basis and if the inviting agency provides the place of residence from its dwelling fund.
3. The students of high-schools and vocational establishments, trainees and students of qualification courses - arriving for temporary residence - are allowed to be registered for a time of study, as well as the members of their families.
4. The decision on registration (propiska) on the territory of Abkhazia shall be taken by the Commission on Propiska at the Supreme Council of the Republic of Abkhazia and the Commissions under the local governing agencies at the towns, villages and settlements of the Republic of Abkhazia; the composition of the Commissions are approved by the Supreme Council of the Republic of Abkhazia.
5. To determine the following procedures for taking decisions on and carrying out propiska of citizens:
a) The Central Commission on Propiska is entitled to make decision on propiska for the citizens migrating within the territory of the Republic of Abkhazia and those that arrive from outside of the republic;
b) The local city and district commissions are entitled to make decision on propiska for the citizens moving within the cities, towns or settlements;
c) Propiska of persons that attained the age of 16, as well as the persons that lost and restored or changed the passport, shall be carried out by the local passport services;
d) The relevant local agencies shall draft the documents and perform the registration of migration of the citizens (relevant dwelling and statistic offices);
e) The leadership of the relevant Interior Department shall submit the documents and background papers on propiska to the Central Commission on Propiska;
f) The decision on propiska is implemented by the passport services of the cities, towns and settlements of the Republic of Abkhazia simultaneously exercising registration, filing and address-enquiry works.
7. To consider null and void on the territory of Abkhazia the Decree issued by the Council of Ministers of the USSR #678 of 28 August 1974 “on Certain Procedures of Propiska of the Citizens”.
8. The Ministry of Interior of the Republic of Abkhazia shall provide to the departments of Internal Affairs of the City Sukhumi, divisions of interior affairs of towns, villages and settlements the stamps and letter-heads for citizens’ propiksa in two days term.
9. The organs of local governance of towns and districts of the Republic of Abkhazia in two days term shall provide the composition of the commissions on propiska to the Presidium of the Supreme Council of the Republic of Abkhazia for approval.
10. The Central Commission on Propiska at the Supreme Council of the Republic of Abkhazia shall exercise control over fulfillment of procedures set out in this Decree.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
24 March 1992
(Personal archive of the author)
DECREE ISSUED BY THE COUNCIL OF MINISTERS OF THE REPUBLIC OF ABKHAZIA on Taking Under Jurisdiction and State Management of the Republic of Abkhazia the Enterprises, Organizations and Agencies of the Union and Union-republic Subordination Located on the Territory of Abkhazia
In order to fulfil the Decree issued by the presidium of the Supreme Council of the Abkhaz ASSR of 27 September 1991 #17-25-II “on Securing the Economic bases for the Sovereignty of Abkhazia”, the Council of Ministers of Abkhazia decrees:
1. To take under the jurisdiction and state management of the Republic of Abkhazia the enterprises, organizations and agencies of the union and union-republic subordination located on the territory of Abkhazia in conformity with the annex.
2. The Ministry of Justice of the Republic of Abkhazia shall register all economic subjects transferring under the jurisdiction of the state management of Abkhazia respecting subordination of enterprises and organizations to the Ministries and Agencies of Abkhazia approved by the Supreme Council of the Republic of Abkhazia of 5 March 1992 and pointed in the annex.
3. The Ministries of Industry, Agriculture and Food, Energy, Transport and Communication, Trade, Justice, Economy, Education and Culture, Health Care, and the State Committees on Construction and Architecture, Forestry, Resorts, Tourism and Sport, State Property Management and Privatization of the Republic of Abkhazia shall carry out immediate inventory of aforementioned enterprises, organizations and agencies.
4. To take a note that the Procuracy of Abkhazia, in order to protect the property rights and economic interests of the Republic of Abkhazia, shall carry out necessary measures to prevent embezzlement and misappropriation of the state property, including prosecutors’ guarding at the places.
5. The Ministry of Economy and the Ministry of Finance of the Republic of Abkhazia, together with the field Ministries, Agencies and the Committee on State Property Management and Privatization of the Republic of Abkhazia, shall decide the issues of financing and material-technical supply of the enterprises, organizations and agencies taking under the jurisdiction of the state management of Abkhazia.
First Deputy Chairman of the Council of Ministers of Abkhazia V. Mikanba
Executive Manager of the Council of Ministers of Abkhazia Kh. Jikia
24 March 1992
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Recruitment into the Active Military Service and Measures for Observance the law “On General Obligatory Military Service”
Despite the measures taken by the Supreme Council of the Republic of Abkhazia, the Ispolcoms of district and city Councils of the people’s Deputies, military registration and enlistment offices and law-enforcement agencies take quite a passive position with regard of recruitment into the active military service and mobilization of reservists that is a violation of the law “On General Obligatory Military Service”.
Heads of organizations, agencies, collective farms and educational institutions do not organize preparatory works with under-conscripts. They provide the job places to the citizens without adequate papers on military registration and “propiska”.
In order to adjust recruitment into the active military service and for the strict observance the Law “On General Military Service”, Presidium of the Abkhaz Supreme Council decrees:
1. To call for the active military in April-June in the troops of the Interior Forces of the Republic of Abkhazia the citizens who have attained the age of 18 by the day of recruitment and have no right for postponing the service.
2. To establish the recruiting Commission of the Republic under the chairmanship of the Head of United Military Mobilization Department of Sukhumi in order to subordinate the regional recruiting Commissions and to monitor their activities.
3. To establish that the call for the active military service outside of the Republic of Abkhazia shall be done pursuant to the concluded agreements and on the basis of the order approved by the Chairman of the Interim Council on coordination of the activities of the armed troops.
4. The Ministry of Interior of the Republic of Abkhazia, in coordination with the military-mobilization Services shall strictly observe the procedures of recruitment and initiate the criminal prosecution against those citizens who try to avoid serving in military.
5. The heads of secondary schools, vocational institutions and high schools shall submit the lists of conscript-age citizens to the military-mobilization services.
6. The military-mobilization services shall provide before the 1st May the data on the citizens of conscript-age.
7. The Standing Committee of the Supreme Council of the Republic of Abkhazia on Human Rights and Inter-ethnic relations shall draft and submit to the Supreme Council of Abkhazia before the 1st May the draft-law “On General Obligatory Military Service” and “On Alternative Military Service”.
8. The Decree comes into force promptly after its adoption.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
31 March, 1992
(Newspaper “Respublika Abkhazia”, # 59, 7 April 1992)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on changes to the Decree by the Supreme Council of Abkhazia “On Introduction of Special Regime of Conduct of the Citizens on the territory of Abkhazia”
Pursuant to Article 2/3 and 4/6 of the Law of the Republic of Abkhazia on legal regime of the state of emergency, the supreme Council of the Republic of Abkhazia decrees:
1. To formulate Article 2 of the Decree issued by the Supreme council of Abkhazia “On Introduction of Special Regime of Conduct of the Citizens on the Territory of Abkhazia” as follows:
“to prohibit organization of meetings, demonstrations, street processions and other events that may destabilize the situation”.
2. To exclude paragraph 1 of Article 4 from the aforementioned Decree.
3. To formulate sub- paragraph 6 of Paragraph 5 as follows:
“To impose the fine on the organizers of meetings, strikes, demonstrations and street processions of 5 000 roubles through court proceedings;
Repeated breach shall be fined of 10 000 roubles”
4. This Decree shall come into force from he day of its adoption.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
10 April 1992
(Personal archive of the author)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF THE REPUBLIC OF ABKHAZIA on Adding to the list of the Decree by the Presidium of the Supreme Council of the Republic of Abkhazia “On Securing the Economic Basis of the Sovereignty of Abkhazia”
Due to disbanding of the military unit # 10935 dislocated in the village of Okhurei of Ochamchire district, the Presidium of the Supreme Council of the Republic of Abkhazia decrees:
To add to the list of “organizations, agencies and institutions of the union and union-republic jurisdiction located on the territory of Abkhazia” the following items:
- premises, buildings and other properties located on the territory of the unit #10935 and declare them as the property of the Republic.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
28 April 1992
(Personal archive of the author)
DECREE ISSUED BY THE COUNCIL OF MINISTERS OF THE ABKHAZ ASSR on Conscription in April-June of 1992 to the active military service the Citizens born in 1965-1974
In the course of implementation of the Decree issued by the Supreme council of the Abkhaz ASSR of 31 March 1992… The Council of Ministers of the Abkhaz ASSR decrees:
1. Executive Committees of the city and district Council of the People’s Deputies, heads of administration, together with the recruiting commissions, in April-June of 1992 shall carry out conscription to the active military service the citizens born in 1965-1974.
2. (…)
The Ministry of Interior shall assist to the military-mobilization departments in search of persons evading from the active military service and take decisive measures to bring them to the justice.
3. The Procuracy of Abkhazia shall response to the facts of breach of the legislation…
(…)
5. The Ministry of Finance of Abkhazia (Comr. Sichinava) shall cover the costs of transportation of conscripts in accordance with the bills submitted by the Military-mobilization Department of Abkhazia.
6. In time of conscription the Ministry of Health of Abkhazia shall not admit inpatient treatment or examination of citizens born in 1965-1974, which do not have Military Card, without written consent of the recruiting commissions save in the cases of urgent medical assistance.
(…)
30 April 1991
(Newspaper “Afxazetis Khma”, # 76, 12 May, 1992)
DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on Solution of the Complex Problems Related to Formation and Functioning of Border Zone of the Republic of Georgia.
After the restoration of the State independence of the Republic of Georgia and radical political changes in the former Soviet Union Republics in general, and in the Caucasus region in particular, it became sheer necessity to create a border zone along the land and marine borders of the Republic of Georgia and to take immediate measures aimed at its formation.
The Ministry of Defence of the Republic of Georgia - alongside other interested ministries and agencies and in conformity with the International legal norms and taking into account the experience of sovereign states in the sphere of protection of State border- must elaborate a complex action-plan and solve a number of problems related to formation and functioning of border service, establishment of its material-technical base and preparation of highly skilled personnel for the border guard.
In order to secure the territorial integrity and inviolability of borders of the Republic of Georgia and formation of normal border service that would allow to rule out any violations of political and economic character and would rest on healthy, and good neighborly relation with all the adjoining States, the State Council of the Republic of Georgia decrees:
1. To note that pursuant to the decree #128 issued by the Government of Georgia on 6 February 1992 a border zone was established on the whole territory of the Republic. Pursuant to the aforementioned decree, the width of border zones of administrative units of the Republic of Georgia must be determined, and the width of those units has to be no wider than 21 kilometer.
2. To entrust the Ministry of Defense of the Republic of Georgia - alongside other interested ministries and agencies must submit, without undue delay, to the Government of Georgia:
- A scheme for construction of border facilities and communication means with indication of their sizes, type of facility, components, volume of work and time limit of construction, budgeted costs and sources of financing…
(…)
- Draft resolution on introduction of passport regime along the whole length of land and marine border zone, including the frontier towns, ports, and sea areas of the Republic …
4. With respect of specifics of management and economic activity in the border zone, and in order to secure material-technical and food supply for all type border contingents, to bring under the jurisdiction of the Ministry of Defence those kolkhozs (Collective Farms-edit.), rural enterprises, enterprises involved in processing of agricultural products and other facilities that are located in the border zone (pursuant to the annexes 1, 2, and 3).
6. To note that pursuant to the decree issued by the Cabinet of Ministers of the Republic of Georgia on 6 February 1992 in the course of introduction of partial amendments and additions to the decree #48 issued on 13 February 1992 on “Reform of Agricultural Lands in the Republic of Georgia”, it was stipulated that:
(…)
- the Lands within 21 kilometers of the border zone are the State Lands and cannot be privatized. In the border zones, it is prohibited to allocate personal plots, including plots for individual house construction.
7. In order to secure effective management of all agricultural and processing enterprises, as well as other enterprises of food industry providing food for all arms of service, a special service dealing with the above issues shall be created by the Ministry of Defence of Georgia.
8. To permit the conscripts from the border zone and other regions of the republic to carry out alternative service, upon their will, at the agricultural and other economic enterprises in the border zone.
10. To allocate for the Ministry of Defence, as an exemption and within capability for temporary use of 3 hectares of cropland for each military check point and commandant’s office, and 0.25 hectare of cropland for every household of commissioned and non-commissioned officers.
11. To permit to agricultural organizations unlimited use of pastures and hayfields, which previously used those pastures and hayfields in the border zone under the existing rules.
12. To entrust the leaderships of executive bodies of the Autonomous Republics of Abkhazia and Ajara and other regions adjacent to border zones with a task of rendering maximum possible support to the Ministry of Defence of the Republic of Georgia in their endeavors to carry out effective protection of the State borders. In order to facilitate the border guards, the voluntary groups shall be set up at the settlements that will help in construction of border facilities and communication means, as well as in maintaining the adequate order in economic activities.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
Secretary of the State Council of the Republic of Georgia V. Goguadze
7 May 1992
(Collection of Normative Acts issued by the State Council of the Republic of Georgia, volume 1, Tbilisi, 1995, p. 54-58)
DECREE ISSUED BY THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on the Decree # 46 issued on 24 March 1992 by the Council of Ministers of the Abkhaz ASSR on “Transfer Under the Jurisdiction of the Republic of Abkhazia the Enterprises, Agencies and Organizations of the Union and Union-Republic Subordination Located on the Territory of Abkhazia”
On 24 March 1992 the Council of Ministers of the Abkhaz ASSR issued a decree according to which those enterprises, agencies and organizations located on the territory of Abkhazia that were under the Union and Union-Republic subordination before the disintegration of the USSR, have come under the jurisdiction of the Abkhaz ASSR. According to the same decree, the Ministry of Justice of Abkhazia was entrusted with a task of ensuring registration of these economic institutions.
The State Council of the Republic of Georgia notes that the aforementioned decree of the Council of Ministers of the Abkhaz ASSR contradicts the legislation of Georgia due to the following circumstances:
Pursuant to the decree issued on 15 September 1991 by the Supreme Council of the Republic of Georgia on “Status of Enterprises, Agencies and Organization of Union and Union –Republic Subordination Located on the Territory of Georgia”, all these enterprises, agencies and organizations of Union and Union-Republic subordination are declared to be the property of the Republic of Georgia and the Cabinet of Ministers of the Republic of Georgia is entrusted with a task of managing them.
This decree of the Supreme Council of the Republic of Georgia has a legal effect on the organizations located on the territory of the Abkhaz ASSR, since the Abkhaz ASSR is an integral part of the Republic of Georgia and legal acts adopted by the highest Authorities of the Republic of Georgia are valid on the whole territory of Georgia.
It should be pointed out that pursuant to decree issued on 15 September 1991 by the Supreme Council of the Republic of Georgia, all enterprises, agencies and organizations of formerly Union and Union Republic subordination and located on the territory of the Abkhaz ASSR have already been transferred under the exclusive jurisdiction and ownership of the Republic of Georgia.
Therefore, the Council of Ministers of the Abkhaz ASSR was not authorized to transfer enterprises, agencies and organizations of formerly Union and Union Republic subordination and located on the territory of the Abkhaz ASSR under the jurisdiction and management of Abkhazian authorities prior obtaining consent from the Government of Georgia or the Committee on Management of State Property of Georgia.
Proceeding from the aforementioned and pursuant to Article 19 of the Statute of the State Council of the Republic of Georgia, the State Council of the Republic of Georgia decrees:
1. To repeal the decree # 46 issued on 24 March 1992 by the Council of Ministers of Abkhazian ASSR “Transfer Under the Jurisdiction of the Republic of Abkhazia the Enterprises, Agencies and Organizations of the Union and Union-Republic Subordination Located on the Territory of Abkhazia”.
2. To entrust the Government of Georgia, through the Committee on Management of State Property and relevant ministries and agencies, with a task of taking care and maintenance of the property of the Republic of Georgia and securing property rights and interests of the Republic.
Chairman of the State Council of the Republic of Georgia E. Shevardnadze
Secretary of the State Council of the Republic of Georgia V. Goguadze
19 May 1992
(Collection of Normative Acts issued by the State Council of the Republic of Georgia, volume 1, p. 67-69)
RESOLUTION ISSUED BY THE EXTRAORDINARY SESSION OF THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR
Having discussed the tragic events in the South Ossetia, the Extraordinary Session of the Supreme Council of the North Ossetian SSR notes that despite all measures taken by the leadership of the South Ossetian SSR in the course of the three-year war provoked by Georgian national-extremists that resulted in casualties of many hundreds of Ossetian people, disasters and suffering of the population, and also despite the promises of the new leadership of Georgia on peaceful developments, a new act of genocide against the Ossetian people has been committed recently. Georgian armed formations traitorously assaulted the column of refugees: helpless children, women and elders and fired them point-blank on 20 May 1992. Reportedly 36 people have been killed…
Realizing the responsibility towards the people of Ossetia and expressing its will, the extraordinary session of the Supreme council of the North Ossetian SSR resolves:
1. To condemn the act of Genocide committed by the Georgian national-extremists against the Ossetian people.
2. To announce public mourning on the territory of the North Ossetian SSR from 21 to 24 of May of 1992.
3. To lodge the emphatic protest to the State Council of Georgia due to the committed act of vandalism and continued war against the Ossetian people.
5. To bring up to strength the Republican Guard, including the detachments of Cossack and carry out the enrolment of volunteers in order to be sent for defending the Republic of South Ossetia.
6. To block the Georgian Military High-way; to cut-off the gas supply to Georgia…
7. To address to the leadership of the Russian Federation with request of providing the necessary amount of arms, ammunitions, techniques and properties for the Republican Guard of the North Ossetia. In case of objection from the side of the Russian Federation, the North Ossetian SSR retains the right to nationalize aforementioned properties.
8. To entrust the Republican Defence Committee with a task of producing the weapons at the enterprises of the City Vladikavkaz.
(…)
Chairman of the Supreme council of the South Ossetian SSR A. Galazov
Vladikavkaz, 21 May 1992
(Newspaper “Severnaia Ossetia”, # 97, 22 May 1992)
DECREE ISSUED BY THE PRESIDIUM OF THE SUPREME COUNCIL OF ABKHAZIA on Permission to Change the Last Name and Biographical Particulars on National Affiliation upon Request of Citizens
In order to provide free choice to the citizens of the Republic of Abkhazia in the course of choosing the last name and national affiliation, the Presidium of the supreme council of the Republic of Abkhazia decrees:
1. To give a permission to the Ministry of justice to change the last name and biographical particulars on national affiliation by the request of citizens.
2. To declare null and void on the territory of the Republic of Abkhazia the last sentence of the part 2, paragraph 3 of the “Regulation of the passport Regime of the USSR” approved by the Council of Ministers of the USSR on 28 August 1974 (# 677).
3. To entrust the Council of Ministers of the Republic of Abkhazia with a task of approving the Regulation on changing the last name and biographical particulars on national affiliation upon the request of citizens.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
26 May1992
(Newspaper “Respublika Abkhazia”, #98, 2 June 1992)
DECREE ISSUED BY THE SUPREME COUNCIL OF THE RUSSIAN FEDERATION on Entering on the Agenda of the Forth Session of the Supreme Council of the Russian Federation the issue “on the Situation in the North and South Ossetia”
Having heard the information of the chairman of the Commission on National-state Arrangement and International Relations of the Council of Nationalities of the Supreme Council of the Russian Federation about the situation in the South Ossetia and taking into account escalation of the armed conflict and continued violation of human rights on the territories of the South and North Ossetia, the Supreme Council of the Russian Federation decrees:
To entrust the Committee of the Supreme Council of the Russian Federation on Interstate Issues, Regional Policy and Cooperation, Committee on International affairs and Foreign Economic Relations and the Committee on National-state Arrangement and International Relations with a task of preparing the issue “on the situation in the North and South Ossetia” together with the Ministry of Foreign Affairs and the Ministry of Defence of the Russian federation in order to put it on the agenda of the session of the Supreme Council of the Russian federation of 3 June 1992.
Chairman of the Supreme Council of the Russian Federation R. I. Khasbulatov
28 May 1992
(Bulletin of the Congress of the People’s Deputies of the RF and the Supreme Council of the RF, M., 1992, # 23, p. 1578)
DECLARATION OF INDEPENDENCE OF THE REPUBLIC OF SOUTH OSSETIA
Proceeding from the fatal threat over the South Ossetia and due to the murderous acts, genocide and violations from the side of the Republic of Georgia that brought to the edge of extinction the people and culture of the South Ossetia in time of disintegration of the USSR in 1989-1992,
Based on the right of self-determination defined by the Statutes of the UNO and other international-legal acts,
Taking into consideration the results of the elections to the Supreme Council of the Republic of South Ossetia of 9 December 1990 and the will of the people expressed at the referendum of 19 January 1992,
Implementing the Declaration on State Sovereignty of the Republic of South Ossetia,
The Supreme council solemnly declares
the independence of the South Ossetia and establishment of the independent state of South Ossetia.
From now and then the territory of the South Ossetia is indivisible and only the Constitution and the laws of the Republic of South Ossetia are in effect on its territory.
This act comes into effect from the moment of its adoption.
Supreme Council of the Republic of South Ossetia
Tskhinval, 29 May 1992
(The South Ossetia. Chronicle of Events of the Aggression of Georgia 1988-1992, by B. Chochyev and M. Jioev, Tskhinval, 1996, p. 1)
DECREE ISSUED BY THE SUPREME COUNCIL OF ABKHAZIA on Decree issued by the State council of Georgia “on Regulation of Problems on Formation and Operation of the Border zone of the Republic of Georgia”
On 7 May of 1992 the State Council of the Republic of Georgia issued the Decree “on regulation of problems on formation and operation of the border zone of the Republic of Georgia” aimed at regulating the border-guard service and establishing the special regime along the Russian-Georgia state border that territorially belongs to Abkhazia.
The frontier stretches over 21 km. The collective farms of Salmenskiy and Mikelripshskiy, reserves of Pskhui and Rodinskiy, as well as some woods of the forestry farms that belong to Abkhazia are brought under the jurisdiction of the Ministry of Defence of the Republic of Georgia. The rules of management of the rural territories within 21-km zone have been established.
The Ministry of Defence of the Republic of Georgia has been entrusted with a task of setting the passport regime and elaborating the programme on construction of frontier facilities and communication means in this zone.
Given Decree runs counter to Articles 11, 72 and 93 of the Constitution of Abkhazia and the Declaration on State Sovereignty. The Republic of Abkhazia enjoys sovereignty, has its state borders, independently decides issues related to the administrative-territorial settlement, performs the measures on its territory aimed at strengthening of the territorial integrity.
The Supreme council of the Republic of Abkhazia decrees:
1. To declare null and void on the territory of Abkhazia the decree issued by the State Council of the Republic of Georgia “on regulation of problems on formation and operation of the border zone of the Republic of Georgia” of 7 May 1992.
2. The further decisions of the State Council of the Republic of Georgia that infringe the Constitutional basis and state sovereignty of Abkhazia shall not be implemented on the territory of Abkhazia since their adoption.
3. The coordinating council of the activity of the military units shall elaborate the action plan for determining the legal aspects of the state borders of the Republic of Abkhazia.
Chairman of the Supreme Council of the Republic of Abkhazia V. Ardzinba
3 June 1992
(Newspaper “Respublika Abkhazia”, # 104, 10 June 1992)
DECISION TAKEN BY THE JOINT SESSION OF THE PRESIDIUM OF THE SUPREME COUNCIL OF THE NORTH OSSETIAN SSR AND THE PRESIDIUM OF THE SUPREME COUNCIL OF THE SOUTH OSSETIA
Taking into consideration the critical situation consequent to the armed operations against the peaceful population of the South Ossetia, the Presidium of the Supreme Council of the North Ossetian SSR and the Presidium of the Supreme Council of the South Ossetian Republic decide:
1. To consider necessary immediate meeting of the leaders of the South Ossetia, North Ossetia and Georgia in order to establish cease-fire and settle the issue at quadripartite negotiations with participation of the Russian Federation;
2. To entrust Biragov Y.G. and Chochyev A.R. with a task of determining the representatives from the Russian Federation, Georgia, North and South Ossetia to the quadripartite negotiations as observers in order to secure effective control over the implementation of the paragraph 1 of this decree.
3. To entrust Kulov L.M. with a task of negotiating with the leadership of Georgia and Russian Federation an issue on establishment of joint press-center for objective dissemination of the information regarding the situation in the region.
4. To ask the President of the Russian Federation B. Yeltsin for speeding up the implementation of measures aimed at stabilizing the situation in the South and North Ossetia in conformity with the Resolutions of the III and IV Congress of the People’s deputies of the Russian Federation.
Chairman of the Supreme council of the North Ossetian SSR A. Galazov
Deputy Chairman of the Supreme council of the South Ossetia A . Chochyev
8 June 1992
(Newspaper “Severnaia Ossetia”, #110, 10 June 1992)
protocol of the meeting between the cheirman of the state councel of the republic of Georgia E. A. Shevardnadze and the cheirman of the supreme council of the NORTH OSSETIAN SSR A. KH. GALAZOV
On 10 June 1992 in the village of Kazbegi a meeting between the Chairman of the State Council of the Republic of Georgia -E. Shevardnadze and the Chairman of the Supreme Council of North Ossetian SSR A. Galazov took place.
The following officials participated in the negotiations: First Deputy Prime-Minister of the Republic of Georgia, Minister of Defence T.K. Kitovani, Deputy Prime-Minister on Inter-Ethnic Relations and Human Rights of the Republic of Georgia A.I. Kavsadze, Chairman of the Council of Ministers of North Ossetian SSR S.V. Khetagurov, Ministers of Interior and Security of North Ossetian SSR G.M.Kantemirov and T.E.Kusov.
In the course of the meeting the Parties agreed on the following:
1. To achieve an immediate cease-fire in the zone of Georgian-Ossetian conflict.
2. To set up, until 12 June 1992, a joint, quadripartite group of observes that shall include representatives of parties involved in the conflict.
3. With a purpose of stabilizing the situation in the conflict zone, to start establishment of joint peacekeeping military unity that shall be composed of veterans of the Afghanistan war.
4. To set up, until 12 June 1992, a joint press-center that shall be composed of representatives of all interested parties and shall prepare and disseminate agreed-on and objective information.
5. In the immediate future to organize meeting and negotiations between leaders of armed formations of the parties involved in the conflict.
6. To work out complex of measures aimed at return of refugees to their homes until the onset of winter chill.
7. To reiterate the necessity of creation of a joint operative-investigative group for investigation of crimes committed on 20 May 1992 in the village of Kekhvi.
8. To encourage cooperation of law-enforcing bodies and special services of the parties.
9. To deem it appropriate for the Russian Federation and the Republic of Armenia in the negotiation process aimed at settlement of the conflict.
10. To call upon the populations of the Republics, representatives of creative intelligentsia, women and youth organizations, mass media, and sport associations to provide active support to the peace efforts of leadership of the Republics, their drive for restoration of traditional friendship between the Georgian and Ossetian nations and restoration of economic and cultural ties between them.
11. On behalf of the participants of the meeting in Kazbegi to appeal to the Georgian and Ossetian nations.
On behalf of the Republic of Georgia E. A. Shevardnadze
On behalf of the North Ossetian SSR A. Kh. Galazov
10 June 1992
(Newspaper “Severnaia Ossetia”, # 111, 11 June 1992)
AGREEMENT on Principles of Settlement of the Georgian - Ossetian Conflict
The Republic of Georgia and the Russian Federation,
Striving for immediate cessation of bloodshed and achieving comprehensive settlement of the conflict between Ossetians and Georgians,
Being guided by the desire to witness speedy restoration of peace and stability in the region,
Reaffirming commitment to the principles of the UN Charter and the Helsinki Final Act,
Acting in the spirit of respect for human rights and fundamental freedoms, as well as rights of ethnic minorities,
Taking into account the agreement reached in Kazbegi on 10 June 1992,
Have agreed upon the following:
Article 1
1. From the very moment of signing this agreement, the opposing parties commit themselves to undertake all necessary measures aimed at termination of hostilities and achievement of comprehensive cease-fire by 28 June 1992.
2. From the moment of termination of hostilities, on 28 June 1992 the opposing parties shall withdraw their armed formation with a view of creation of corridor adjacent to the line of juxtaposition. The withdrawal of armed formations shall be completed within three days.
Passage through the line of juxtaposition, corridor and its width shall be determined by the joint group of observers.
Article 2
In order to secure demilitarization of the conflict region and to rule out the possibility of involvement of the Armed Forces of the Russian Federation in conflict, the Russian Federation shall withdraw the Tskhinvali-distrcit deployed 37th engineer-sapper Regiment and 292 separate fighting helicopter regiment within 20 days from the moment of cease-fire and separation of opposing parties.
Article 3
1. In. order to exercise control over the implementation of cease-fire, withdrawal of armed formations, disband of forces of self-defense and to maintain the regime of security in the region, a mixed Control Commission composed of representatives of opposing parties shall be set up and this Commission shall carry out its functions in close cooperation with the joint group of military observers created in accordance with the agreements reached in Kazbegi.
2. Every Party participating in the work of Commission shall appoint its own representatives. Headquarters of the Control Commission shall be located in the town of Tskhinvali.
3. Until the aforementioned tasks are implemented, joint forces on coordination of activities aimed at establishment of peace and maintenance of order shall be created within the Control Commission. In addition, special mixed groups of observers, attached to the Control Commission, shall be deployed along the security perimeter.
4. The Control Commission and attached to it forces shall start immediate implementation of those tasks assigned by the present agreement.
5. In case of violation of provisions of this Agreement, the Control Commission shall carry out investigation of relevant circumstances and undertake urgent measures aimed at restoration of peace and order and non-admission of similar violations in the future.
6. Financial provision for activities of the Control Commission and forces attached to it shall be provided by the Parties on equal footing.
Article 4
The Parties shall start immediately negotiations on economic restoration of the regions located in the conflict zone and creation of proper conditions for return of refugees.
The Parties deem it inadmissible to apply economic sanctions and blockade, and any other impediments to free movement of commodities, services and people and commit themselves to provide humanitarian assistance to the affected population.
Article 5
The Parties shall seek objective and balanced mass media coverage of the settlement process. To this end, a multilateral press-center shall be established within the Control Commission.
Article 6
This Agreement shall come into force immediately after it is signed.
Sochi, 24 June 1992, in a set of three in Georgian, Russian and Ossetian languages, and each of these three copies are of equal validity.
On behalf of the Republic of Georgia E. A. Shevardnadze
On behalf of the Russian Federation B. N. Yeltsin
(Newspaper “Svobodnaya Gruzia”, # 82, 27 June 1992)
DECREE ISSUED BY THE PRESIDIUM OF THE STATE COUNCIL OF THE REPUBLIC OF GEORGIA on the Current Situation in Abkhazia
The Presidium of the State Council of the Republic of Georgia notes that despite the numerous official warnings and collegial advises offered to the Abkhazian leadership to desist from voluntarism and denounce violent methods in carrying out personnel policy, the Abkhaz leadership continues its destructive actions.
On 24 June 1992 in Sukhumi, armed individuals surrounded the building of the Ministry of Interior, and inflicted serious body-injury to G. Lominadze - the Minister of Interior of Abkhazia. This fact resulted in expression of indignation by the population of the Autonomous Republic, especially by ethnic Georgians-as a result acts of disobedience occurred (more than half of regional and town departments of the Ministry of Interior do not obey the Ministry), full scale industrial strike was declared, for several hours electricity supply and telecommunication means have been disrupted and there were serious outages in functioning of other means of communication as well. There is a serious danger of further escalation of the situation that would lead to chaos and the situation may become uncontrollable.
According to the information available to the State Council, the considerable part of the population of Abkhazia does not trust and does not obey the Chairman of Supreme Council of Abkhazia.
Taking into the current situation, the Presidium of the State Council of the Republic of Georgia decrees:
1. In order to avoid further deterioration of the situation and potential for contradictions and clashes, Mr. T. Nadareishvili - the First Deputy Chair of the Supreme Council of Abkhazia- is entrusted with a task of coordinating of emergency measures aimed at stabilization of the situation.
2. Mr. T. Nadareishvili, in association with Mr. V. Ardzinba - the Chairman of the Supreme Council of Abkhazia and Abkhaz deputies, political parties and leadership of regions are entrusted with a task of undertaking all necessary measures aimed at overcoming the current difficulties and restoring normal tempo of life.
3. Mr. Nadareishvili shall inform the State Council and the Interim Government of Georgia about the measures undertaken and the ongoing processes.
Presidium of the State Council of the Republic of Georgia.
(Newspaper “Svobodnaya Gruzia”, # 84, 2 July 1992)
