Tshetshenia
itsenäistyi neukkulan kemahdettua, samalla kun esimerkiksi Viro
palautti itsenäisyytensä täyteen voimaan.
Tshetshenian vapailla vaaleilla valittu
presidentti Dzhohar
Dudajev ja Tshetshenian vapailla vaaleilla valittu Parlamentti loivat
Tshetshenialle upean länsimaisen Perustuslain, kaikkine normaaleine
vapauksineen, kuten uskonnonvapaus ja naisten tasa-arvoisuus.
Ohessa englanniksi käännetty versio
Tshetshenian Perustuslaista.
Chechnya - Constitution[i]
{ Adopted on: 12 March 1992 }
{ ICL Document Status: 12 March 1992 }
{ Official Title: "The Constitution of Chechen Republic" }
{ Adopted by: Decree No. 108 of the Parliament of the Chechen Republic Grozny }
{ Status of Translation: Inofficial Translation }
{ Editor's Note
The ICL edition is based on the raw text provided to the public at
http://www.chechnya.org/constit.html which was itself based on a translation in
the Himalayan Research Bulletin, Vol. XI, Nos. 1-3, 1991 by Ter Ellingson. The
ICL edition was adopted to ICL translation standards and amended by paragraph
numbering and keys. The article titles are still to be done. }
Preamble
By the will of the Most High the people of Chechen Republic expressing an
aspiration of Chechen people, being guided by ideas of humanism and purpose of
creation of social-fair society, proceeding from the high responsibility before
present and future generations of our compatriots, respecting the rights and
interests of all nations and peoples, proclaiming Chechen Republic as an
independent sovereign state and recognizing itself as equal in rights subject in
the system of world commonwealth of nations, accepts the present Constitution
and considers it henceforth as main Law of the society and state.
Section 1 Basis of Constitutional System
Article 1 []
Chechen Republic is sovereign democratic legal state created as a result of
self-determination of Chechen people. It has the supreme right concerning the
territory and national riches; independently determines external and internal
policy; adopts the Constitution and laws having leadership in its territory. The
state sovereignty of Chechen Republic is indivisible.
Article 2 []
(1) The people of Chechen Republic is a unique source of all authority in the
state. The people executes sovereign authority belonging to it directly and
through a system of bodies of legislative, executive and judicial authority
created by them, as well as by means of bodies of self-government.
(2) Neither part of the people, nor organization and separate person can pirate
the power in the state. The illegal capture of the power is heinous crime.
(3) Elections of representative bodies is executed on the basis of common, equal
and direct elections in free nomination of the candidates and balloting. Term of
office of any elective body and official person, as well as procedure of
formation of executive and judicial bodies are determined by the Constitution
and laws.
Article 3 []
The person is highest value and main purpose of policy of the state. Chechen
Republic respects and protects the human rights, provides equal opportunities
for free development of the person, guarantees social validity and protection of
the person. The human rights in Chechen Republic are provided pursuant to
conventional principles and norms of the international right.
Article 4 []
(1) The state, its bodies and the officials serve to all society instead of any
its part. It promotes consolidation of all social layers and groups, nations and
peoples in Chechen Republic on the basis of social validity, civil consent and
peace. Democracy in Chechen Republic is executed on the basis of political and
ideological pluralism.
(2) Neither ideology can be established as official one.
(3) The parties and other public associations are created and act within the
framework of the Constitution.
(4) Political parties and other public associations propagating race, national,
social, religious, class hostilities, call to violence and throw out of the
constitutional system are forbidden.
(5) Creation and activity of political parties in state bodies, Armed Forces, as
well as at the state enterprises and in educational establishments is not
allowed.
(6) Decisions of party organizations can not have obligatory effect for state
bodies, official bodies, organizations and enterprises, their employees in
fulfillment by them their official obligations.
(7) The religious associations are separated from the state, independently
operate their business and act irrespective of its bodies. The state supports
socially useful activity of religious associations.
(8) The law determines the procedure of registration of public and religious
associations, as well as political parties and movements. The political parties
and movements, public and religious associations registered in order established
by the Law have the rights of the legal entity freely use and manage the
structures belonging to them, other property and funds.
(9) To strengthen authority of the state, to concern with respect to its
attributes and symbols is obligation of all citizens, public associations and
mass media.
Article 5 []
(1) The state, all its bodies and the officials are connected by the right and
constitutional system.
(2) There is provided leadership of the Constitution and laws over all other
normative standards in Chechen Republic. The laws and other legal standards
contradicting the clauses of the Constitution have not legal force. The
normative standards not published officially for the common information are not
obliged the citizens and are not applied by Courts. The norms of the
Constitution have direct action.
(3) Legislative, executive and judicial authority in Chechen Republic are
divided and act within the framework of authorities independently, interacting
among themselves and counterbalancing each other.
Article 6 []
(1) Chechen Republic respecting of the right and freedom of the peoples is
guided by conventional principles and norms of the international right in
external policy. It aims at the general and fair peace based on common human
values; to close, business and mutually advantageous cooperation with all
countries.
(2) Having acted for expansion of international community based on domination of
right Chechen Republic can enter in international organizations, systems of
collective safety, interstate formations.
Article 7 []
(1) The mass media are free from censorship. Executing activity in conditions of
publicity they are responsible for infringement of the Constitution and laws.
(2) It is not allowed monopolization of mass media by state bodies, public
associations, political parties, groups and
separate persons. Procedure of establishment of mass media, their right and the
obligations, as well as responsibility are established by the Law.
Article 8 []
There is guaranteed economic freedom of the citizens and labor collectives,
variety of the ownership forms and equal conditions of their legal protection in
Chechen Republic. Proceeding from public interests the law establishes limits of
freedom of economic activity of the citizens and labor collectives.
Article 9 []
(1) The property in the Republic is subdivided into private property and state
property.
(2) The land, its depths, air space, water, fauna and flora in their natural
condition are integral property of the people of Chechen Republic. Granting the
land to the citizens, enterprises, establishments and organizations for
possession and use is executed pursuant to the Law in view of public needs and
interests.
(3) Legal regime of kinds and forms of the ownership are established by the Law.
Article 10 []
The private property of the citizens of Chechen Republic is their personal
property and is used on their discretion. The functioning of private enterprises
belonging to one person or group of persons is executed pursuant to the Law. The
law can forbid or limit separate kinds of private enterprise activity in public
interests.
Article 11 []
The state takes necessary measures for protection of the land, its depths and
environment in interests of protection of health of the people and maintenance
of normal conditions of their life.
Article 12 []
(1) Chechen Republic executes a human demographic policy, protection of
maternity and childhood, renders necessary aid to a family as a main social cell
of society, provides to it guaranteed living wage.
(2) The children use the stable social protection of the society. The state is
called to satisfy needs of the society in children's pre-school establishments,
places of rest, displays the special care of protection of the health of the
children.
Article 13 []
(1) Chechen Republic carries out active youth policy directed on maintenance
conditions for reception of common and vocational training, working places for
young people pursuant to their callings, abilities, level of education and in
view of public needs.
(2) The state develops and executes programs of support of young families,
promotes reception by them housing accommodation on concessionary terms.
(3) The state bodies interact with youth organizations in the decision of
questions of political life, take into account their opinion in development of
socio economic, ecological and other programs.
Article 14 []
There are improved systems of charge-free and qualified public health services,
social maintenance, national education, culture and sport in Chechen Republic.
The state directs on these purposes necessary financial and material resources.
Article 15 []
(1) Chechen Republic disp1ays care on development of science, art, literature,
national creativity, creates conditions for rise of intelligent, spiritual and
moral level of the population.
(2) The state does not allow distribution of products and kinds of activity
undermining the moral principles of the society.
Article 16 []
The most important questions of state life are submitted on national discussion,
as well as are put on national voting (referendum).
Section 2 Rights, Freedom, and Responsibility of the Citizens
Article 17 []
(1) Chechen Republic recognizes for each citizen the natural and integral
rights.
(2) Chechen Republic guarantees and protects these rights, provides execution of
responsibilities of the citizens. The rights, freedom and responsibility of the
citizens of Chechen Republic can not be canceled or limited, and the
responsibilities are arbitrary extended by any other standards and actions.
(3) Legislative standards belittling or limiting valid rights and freedom of the
citizens.
Article 18 []
The rights, freedom and responsibility of the citizens of Chechen Republic are
established and executed pursuant to the obligations of Chechen Republic under
the international contracts and agreements.
Article 19 []
(1) The citizen and state are connected by the mutual rights and responsibility.
(2) The bodies of state and officials are obliged to provide and to protect the
rights and freedom of the citizens, to encourage public legal protective
activity.
Article 20 []
Rights of the citizens are inseparable from their responsibilities. The citizen
freely acts pursuant to rights and responsibilities. He should not thus infringe
the rights and legal interests of other citizens, to damage to state and public
safety, law and order and moral principles of society.
Article 21 []
(1) All citizens of Chechen Republic are equal before the Law and Court, have
the equal right to protection irrespective of nationality, race, social origin,
gender, language, relation to religion, residence, employment, ownership,
political and other belief, party belonging and other circumstances.
(2) The equality of the citizens is provided in all areas of the state and
public life. Privileges of separate social layers, groups of the population,
separate persons, as well as discrimination of the citizens under any motives
contradict social validity and is subject to elimination on the basis of the
Law.
(3) The privileges and advantages to separate groups of the citizens can be
established only by the Law.
Article 22 []
A woman and a man have the equal rights and freedom.
Article 23 []
Equality of the citizens of various nationalities is guaranteed. Direct or
indirect restriction of the rights or establishment privileges and advantages on
national attributes is punished by
the Law. The state provides protection of the rights of national minority.
Article 24 []
(1) There is established a uniform citizenship in Chechen Republic.
(2) Basis and the procedures of grant and termination of citizenship is
established by the law.
(3) The citizen of Chechen Republic can not be deprived citizenship and right to
change the citizenship.
(4) The citizen of Chechen Republic can not be sent out of limits of the
republic. The republic protects the rights and patronize citizens out of its
limits.
Article 25 []
(1) To the foreign citizens and persons without citizenship located on the
territory of Chechen Republic are provided rights and freedom pursuant to the
Constitution of Chechen Republic and norms of the international right. The
foreign citizens and person without citizenship are obliged to respect and to
observe the Constitution and laws of Chechen Republic. They can enjoy the right
of political sanctuary.
(2) The order and the conditions of granting political sanctuary are determined
by the Law.
Article 26 []
(1) The citizens of Chechen Republic have the right to labor. The compensation
of the worker for labor is established by the agreement of the parties and can
not be below officially established living wage. The state takes measures on
maintenance of employment of the population, executes the programs of
professional training and preparations, training for a new profession of the
worker in view of social needs.
(2) Compulsory labor is forbidden except cases stipulated by the Law.
Article 27 []
The citizens of Chechen Republic have the right to the private property. The
private property is sacred and inviolable. The inviolability of the private
property of the citizens and right its heritage is guaranteed by the
Legislation.
Article 28 []
The citizens Chechen Republic have the right to entrepreneurship activity, to
creation of individual, family, collective, joint-stock and other enterprises
with the purposes of satisfaction of economic needs.
Article 29 []
The right of the citizens of Chechen Republic for rest is provided for workers
and employees by establishment of working week not exceeding by 40 hours, annual
paid leaves by duration not less than 24 working days, holiday and weekly days
off, reduced working day for a number of trades and manufactures, as well as
other warranties fixed in the Legislation.
Article 30 []
The citizens of Chechen Republic have the right to protection of health,
charge-free use state medical establishments, as well as paid medical service
rendered by establishments of public health services, The state takes measures
directed on increase of quality of medical service.
Article 31 []
(1) The citizens of Chechen Republic have the right to
dwelling; can purchase in the ownership or constantly use housing accommodation
in houses of state, public and private housing fund.
(2) Nobody can be arbitrary deprived from the dwelling.
Article 32 []
The citizens of Chechen Republic have the right to get general and special
education at schools and educational establishments of various type. The
availability of all kinds of education is guaranteed by the state.
Article 33 []
The citizens of Chechen Republic have the right to social maintenance in old
age, at physical inability, in case of unemployment, illness, loss of the
supporter. The pensions, allowances and other kinds of the social help should
provide a level of life of the citizens not below established living wage.
Article 34 []
(1) The citizens of Chechen Republic have the right to favorable environment.
(2) The damage caused to citizen, his health or property by wrongful actions in
the area of nature utilization is liable to compensation.
Article 35 []
(1) The citizens of Chechen Republic have the right to use achievement of
culture.
(2) Care of preservation of historical monuments and other objects having
cultural value is obligation of the citizen of Chechen Republic.
Article 36 []
Freedom of art, scientific and technical creativity is guaranteed to the
citizens of Chechen Republic. The copyrights of the citizens and the right of
the intelligent property is protected by the state.
Article 37 []
The citizens of Chechen Republic are obliged to pay the state taxes in the order
and sizes established by the Law.
Article 38 []
(1) Chechen Republic recognizes and respects the right of each person to life.
(2) Nobody can be deprived life. The capital punishment is an exclusive measure
of punishment for especially heinous crimes is applied only under the sentence
of the court.
(3) Protection against any encroachments of life, health, personal safety is
guaranteed to the citizens.
(4) Nobody should be subjected medical and scientific experience without his
consent.
(5) Any interference in a sphere of personal life is unlawful.
(6) The person deprived freedom has the right to the human reference attitude.
Nobody should be put to torture, inhuman or treatment humiliating his dignity.
The proofs obtained by illegal way are recognized as invalid.
Article 39 []
{...}
Article 40 []
(1) The person is inviolable. Nobody can be put in jail or to be contained under
arrest otherwise as on the basis of the judicial decision or sanction of the
procurator.
(2) Each citizen made answerable for crime is considered
innocent so long as his innocence will not be established by the Court.
Article 41 []
(1) Secret of correspondence, telephone conversations, telegraphic and other
messages is guaranteed to the citizens of Chechen Republic.
(2) The exceptions are allowed only in cases and order stipulated by the Law.
Article 42 []
Inviolability of dwelling is guaranteed to the citizens of Chechen Republic. It
is forbidden to enter in dwelling against will of the persons living therein, to
search or survey otherwise as in cases and order stipulated by the law.
Article 43 []
(1) Freedom of conscience is guaranteed. The citizens of Chechen Republic have
the right to profess any religion or profess no one, to execute religious
ceremonies and to conduct any other religious activity not contradicting the
Law.
(2) Nobody can be free of responsibilities in relation to the state or to refuse
observance of the laws on motives of religious belief. If the military service
contradicts religious belief of the citizen it can be replaced by fulfillment of
the alternate civil responsibilities. The order and condition of such
replacement is established by the Law.
Article 44 []
(1) The family, maternity and childhood are under protection of the state. The
marriage is based on the voluntary consent of man and woman. Spouses are equal
in rights in the family relations.
(2) Order and conditions of the contract and cancellation of marriage, right and
the responsibilities of spouses are determined by the Law.
Article 45 []
(1) In limits of Chechen Republic freedom of movement, choice of a place of stay
and residence, as well as right of departure and entrance in Chechen Republic is
provided.
(2) These rights can be limited in exclusive cases on the basis stipulated by
the Law.
Article 46 []
(1) The citizens of Chechen Republic have the right to appeal against actions of
the state 'and public bodies, their officials. The complaints should be
considered in the order and terms established by the Law.
(2) The citizen has the right to appeal in court concerning wrongful action of
state and public bodies and their officials that infringing his rights.
(3) The citizens of Chechen Republic have the right to indemnification of moral
and material damage caused by illegal actions of the state, state and public
bodies, as well as officials in execution of their official duties.
Article 47 []
(1) The citizens of Chechen Republic have the right to participate in management
of the state and public business both directly and through representatives. The
citizens participate in discussion of the Laws and decisions of nation-wide and
local significance, as well as in referendums.
(2) The right to the initiative and independence is provided to the citizens of
Chechen Republic in realization of legal personal and collective interests,
joint business management and joint
protection of rights within the framework of the Constitution and Laws of
Chechen Republic.
Article 48 []
(1) Each citizen of Chechen Republic has the right to the information on
situation in all spheres of the state, public and international life, as well as
on the rights of legal interests and duties of the citizen.
(2) The responsibility for hindering of realization of the right of the citizens
on the information and causing damage in publication of the Laws is established
by the Law.
(3) Distribution of the information containing the state or other secret
protected by the law is not allowed.
Article 49 []
Freedom of a press, right to use the state radio and TV are guaranteed to the
citizens of Chechen Republic in order established by the Law. The state provides
access of the citizens to mass media.
Article 50 []
(1) Freedom of speech, opinions, belief, their unobstructed expression and
distribution is provided to the citizens of Chechen Republic.
(2) Nobody can be subjected prosecutions for belief. Public call-ups to forcible
upheaval of constitutional system or to its change by way contradicting to the
Constitution of Chechen Republic, to terrorism are forbidden; stir up the
social, class, national and religious hatred, insult of honor and dignity of the
citizens.
Article 51 []
Freedom of assemblies, meetings, procession and demonstrations is provided to
the citizens of Chechen Republic. The procedure of these freedom is established
by the Law.
Article 52 []
(1) The citizens of Chechen Republic have the right to the personal and
collective address in state bodies and public organizations.
(2) The responsibility to consider these addresses is entrusted to the officials
to answer them and to take necessary measures.
(3) The citizens of Chechen Republic address to state and public bodies in the
Chechen or Russian Languages. The state and public bodies bear the
responsibility to answer in language on which the address is made or to ensure
translation in view of interests of the citizens.
Article 53 []
(1) The citizens of Chechen Republic have the right to be united in political
parties and public organization, to participate in mass movements.
(2) Existence of parties, public associations and movements seek to forcible
upheaval of the constitutional system of Chechen Republic having militarized or
secret character or pursuing by other criminally punishable purposes is not
allowed. Their activity can be terminated in the order established by the Law.
Article 54 []
The citizens of Chechen Republic have the right to elect and to be elected in
bodies of the state authorities and local self-government. The common direct and
equal electorship is guaranteed.
Article 55 []
Equal access to occupy state posts and state service is provided to the citizens
of Chechen Republic. The conditions and order of state service are determined by
the law.
Article 56 []
(1) The citizens of Chechen Republic are obliged to protect the country, to have
a military service in the structure of Armed Forces of Chechen Republic.
(2) The conditions and order of military service are determined by the law. The
replacement of military service by fulfillment of the alternate civil duties is
allowed on the basis stipulated by the law.
(3) To the citizens of Chechen Republic participating in defense of the country,
protection of the public order and the safety, and members of their families are
provided by social, material and other warranties.
Article 57 []
The labor collectives have the right to participate in work of state bodies. The
state recognizes at labor collectives the right to participate in business of
the enterprise, organization and establishment, to create bodies of industrial
self-government, to negotiate and to conclude the collective agreements with
administration or proprietor of the enterprise, to provide and to protect
economic and social interests in the forms not contradicting to the law.
Article 58 []
Activity of trade unions in the enterprises, establishments and organizations,
right of the workers to enter in any trade unions by choice, as well as right of
trade-union organizations to unite and introduction into international trade
unions is guaranteed.
Article 59 []
(1) The state provides the fair solution of collective disputes between the
workers and administration of the enterprises irrespective of the ownership
form.
(2) The labor collectives have the right to strike, that is to complete or
partial suspension of work of the enterprise, establishment or organization in
cases established by the law.
(3) The strike is inadmissible if it creates threat of life and health of the
people or infringes functioning of services ensuring ability to live of the
society.
Article 60 []
The rights of the consumers in Chechen Republic are protected by the law. The
consumers personally and through association have the right in the judicial and
administrative order to require indemnification of damage caused to them by
actions of the manufacturers of the goods and services, trade, advertising and
other organizations.
Section 3 System of State Power and Management
Article 61 []
(1) The only body of the legislative authority of Chechen Republic is the
Parliament of Chechen Republic which is elected by its citizens on the basis of
the general direct electorship by means of balloting.
(2) Citizens recognized by court as incapable can not be elected, as well as
person do not participate in elections concerning of which sentence of the court
has come into force providing punishment as putting in jail. The order of
election in Parliament is established by the law.
Article 62 []
(1) The Parliament of Chechen Republic is competent to accept to consideration
and to decide any question.
(2) To exclusive management of the Parliament of Chechen Republic concern:
1. adoption of the Constitution of Chechen Republic, introduce changes and
amendments therein;
2. determination of the internal and external policy of Chechen Republic;
3. making decisions on state system of Chechen Republic;
4. determination order of decision of questions concerning
administrative-territorial system of Chechen Republic;
5. decision of questions on change of borders of Chechen Republic;
6. approval of the perspective plans and programs of socio economic development
of Chechen Republic;
7. election of the Chairman of the Parliament of Chechen Republic;
8. election of the First Deputy and Vice-president of the Chairman of the
Parliament of Chechen Republic;
9. making decision on realization of national voting (referendum); and
10. making decision about excitation of procedure of relieve of the post of the
President of Chechen Republic.
Article 63 []
The Parliament of Chechen Republic is constantly acting highest legislative body
of the state authority of Chechen Republic. The Parliament of Chechen Republic
is elected for the period of 5 years.
Article 64 []
(1) The Parliament of Chechen Republic:
1. nominates elections of the members of the Parliament and bodies of local
self-government of Chechen Republic;
2. approves the structure of the Central Electoral Commission on the election of
the members of the Parliament and bodies of local self-government of Chechen
Republic;
3. approves the structure of the Cabinet of Ministers, introduces changes
therein;
4. elects the Chairman of the Constitutional Court of Chechen Republic and his
deputies, members of the Constitutional Court of Chechen Republic; the Chairman
of the Supreme Court of Chechen Republic and his deputies, members of the
Supreme Court of Chechen Republic, judges of municipal and district (regional)
courts; the Chairman of Arbitration Court of Chechen Republic and his deputies,
members of Arbitration Court of Chechen Republic;
nominates the General Procurator and his deputies; the Chairman of Investigation
Committee and Chairman of the Service of National Security of Chechen Republic
and their deputies; the chiefs of the national bank, sanitary-epidemiological
and ecological services;
5. agrees for nomination of the ministers, ambassadors and other higher
officials of the state by the President stipulated by the law;
6. regularly considers the reports formed or bodies formed by them, as well as
confirmed or appointed by them of the officials except for judges; solves the
problem on trust to the Cabinet of Ministers;
7. provides unity of Legislative regulation in all territory of the republic;
8. in cases and order stipulated by the Constitution relieves of the post of the
President, Vice-president, Chairman and judges of the Constitutional Court,
Chairman and judges of the Supreme Court; releases of the responsibilities of
other higher officials of the state in cases stipulated by the law;
9. announces general and partial mobilization; implements a state of emergency
or approves the appropriate decree of the President; announces a state of war in
case of armed attack on Chechen Republic; makes a decision on use of military
contingents in conditions of a state of emergency, as well as in fulfillment of
the international obligations;
10. establishes diplomatic ranks, military and other special ranks (grades);
11. confers the highest military, special ranks (grades), diplomatic ranks;
12. provides the unity of the legislative regulation in all territory of Chechen
Republic;
13. solves the problems connected with observance of the Constitutional rights,
freedom and responsibilities of the citizens of Chechen Republic;
14. interprets of the laws of Chechen Republic;
15. establishes the order of organization and activity of bodies of local
self-government;
16. issues the acts on amnesty; 17. discusses and approves the State Budget of
Chechen Republic, establishes the taxes and compulsory payments, executes the
control on course of fulfillment of the budget, approves the report on its
fulfillment; in case of necessity makes changes in the State Budget; makes the
decisions on the loans and rendering of economic and other help; 18. ratifies
and denounces the international contracts;
19. develops main measures in the field of defense and state safety of Chechen
Republic;
20. establishes the state awards and honorary ranks of Chechen Republic;
21. cancels completely or partially decrees and orders of the Cabinet of
Ministers, Decrees and orders of the President of Chechen Republic in case of
their contradiction with the Constitution and laws of Chechen Republic;
22. cancels the decisions of bodies of local authority and managements in case
of contradiction them to the current legislation of Chechen Republic;
23. solves the problems connected with the advance termination of the
authorities of the members of the Parliament of Chechen Republic; and
24. makes a decision on realization of national voting (referendum), including
under the proposal of the President. 25. Decides other questions.
(2) The Parliament of Chechen Republic adopts the laws of Chechen Republic and
decrees by the majority of votes of common number of the members of the
Parliament of Chechen Republic.
Article 65 []
The right of the legislative initiative belongs to the members of the
Parliament, President of Chechen Republic, Constitutional Court, Supreme Court,
Arbitration Court of Chechen Republic, as well as the General Procurator.
Article 66 []
(1) The Chairman of the Parliament of Chechen Republic is elected by the
Parliament among its members for the period of 5 years.
(2) The Chairman of the Parliament of Chechen Republic can be at any time
withdrawn by way of balloting by the members of the Parliament of Chechen
Republic.
(3) The Chairman of the Parliament is accountable to the Parliament of Chechen
Republic.
(4) The Chairman of the Parliament of Chechen Republic by virtue of competence:
1. executes a general management of preparation of ' questions
being a subject to consideration by the Parliament of Chechen Republic, signs
the acts accepted by the Parliament of Chechen Republic;
2. presents the Parliament of Chechen Republic the message on the situation in
the state and major questions of its internal and external policy; and
3. presents the Parliament of a nominee for election to the post of the First
Deputy, on the Vice-president of the Parliament of Chechen Republic.
(5) The Chairman of the Parliament of Chechen Republic issues the orders.
(6) The First Deputy and Vice-president of the Chairman of the Parliament of
Chechen Republic execute on authorization of the Chairman of the Parliament of
separate its functions and take the place of the Chairman of the Parliament in
case of his absence or impossibility of execution of duties by him.
Article 67 []
(1) The laws of Chechen Republic are signed and promulgated by the Chairman of
the Parliament of Chechen Republic during 10 days from the date of acceptance
and to a day of signing are directed to the President of Chechen Republic. The
President of Chechen Republic during 10 days from the date of reception of text
of the law have the right to put a veto for the accepted laws.
(2) The law of Chechen Republic on which is imposed the veto by the President of
the country is repeatedly considered by the Parliament of Chechen Republic and
in case of acknowledgment of the law by two-thirds of votes from general number
of the members of the Parliament enters in legal force.
Article 68 []
(1) The member of the Parliament of Chechen- Republic has the right to address
with the inquiry to any official which is obliged to give the answer to the
inquiry in three days. The official evading to answer. to the inquiry or
presenting obviously false data on it is subject to remove of the post and
attraction to administrative or criminal liability pursuant to the law. The
member of the Parliament of Chechen Republic uses the right of inviolability: he
can not be put in jail without the consent of the Parliament, is sentenced the
criminal or administrative responsibility imposed in judicial order.
(2) Legal status of the member of the Parliament of Chechen Republic his right,
the responsibilities and their warranty are adjusted by the law.
Article 69 []
(1) The executive authority in Chechen Republic is headed by the President.
(2) The President of the republic can not be a member. of the Parliament of
Chechen Republic. The President of the republic does not take any posts in
commercial structures and has no right to be engaged in entrepreneurship
activity.
Article 70 []
The citizen of the republic not younger than 35 years old and not more senior
than 65 years can be elected as the President of the republic. The same person
can not be elected as the President of Chechen Republic more than two terms in
succession.
Article 71 []
(1) The President of Chechen Republic is elected for 5 years by the citizens of
Chechen Republic by general and direct election of balloting. The number of the
candidates to the post of the President of the Republic is not limited. The
elections of the
President are not considered valid if less than 50 percent of electors have
participated therein. The candidate is considered as elected if he got more than
half of votes of electors participated in voting.
(2) Other elections or nomination to a post, and equally allotting the
authorities of the President of the republic are illegal and void. Procedures of
elections and take office of the President of the republic are established by
the laws of the republic.
Article 72 []
In taking office the President makes an oath of the following contents:
"Solemnly a make an oath faithfully to serve to the people of Chechen
Republic, to strengthen and to protect its sovereignty, strictly to observe the
Constitution and laws of Chechen Republic, to guarantee rights and freedom of
the citizens, honesty to execute imposed on me the high responsibilities of the
President of Chechen Republic".
Article 73 []
The President of Chechen Republic:
1. represents Chechen Republic in internal and international affairs; 2. heads
the Government of Chechen Republic, forms an executive authority stuff pursuant
to the Constitution and supervises over it; 3. nominates the ministers,
ambassadors and other higher officials of Chechen Republic by the consent of the
Parliament;
4. releases of the post of the ministers and other officials appointed by him;
5. supervises over realization of an external policy, negotiates and concludes
the international agreements of Chechen Republic with the subsequent
ratification them by the Parliament. Within the framework of the law the
President can conclude the international agreements not requiring to
ratification;
6. he is the Supreme Commander-in-chief of' Armed Forces of Chechen Republic.
Nominates the General Headquarters of Armed Forces by the consent of the
Parliament; confers military ranks to officers' staff;
7. in urgent cases puts into effect a state of emergency in Chechen Republic or
in separate its regions with the subsequent approval by the Parliament in two
days;
8. issues the order about partial or general mobilization, brings in heightened
combat readiness of Armed Forces of Chechen Republic and other necessary actions
in case of threat of attack to Chechen Republic with the subsequent ratification
of these actions by the Parliament in three days;
9. issues the orders about the beginning of military actions in ease of attack
to Chechen Republic with the subsequent approval by the Parliament within three
days;
10. submits the draft of the State Budget for consideration and approval of the
Parliament;
11. can participate in meetings of the Parliament, its committees and
commissions; As agreed with the Parliament makes the decision on realization of
national voting (referendum); addresses by the messages to the Parliament and
people;
12. executes the right of forgiveness on all cases in the territory of Chechen
Republic;
13. awards orders and other awards of Chechen Republic, confers special ranks
(grades), as well as honorary ranks;
14. decides pursuant to the legislation questions to be granted and termination
of citizenship of Chechen Republic;
15. has the right of the legislative initiative;
16. publish decrees during 10 days from the date of their signing;
17. presents not less often once in a year the reports to the
Parliament of the republic about fulfillment of adopted economic and other
programs about situation in the republic, addresses with the messages to the
people; and
18. carries out other authorities imposed on him by the Constitution and laws of
Chechen Republic.
Article 74 []
The President can be relieved of the post in case of perpetration of crime. The
Parliament makes the decision on institution of. proceedings on relieve of the
President of the post in connection with the similar charge by the majority of
not less than two third of votes. In this case the proceedings are traa8mitted
in Constitutional Court which issues conclusion accepted not less than
two-thirds of votes of the members of the Court. The Parliament makes the final
decision on the conclusion of the Constitutional Court. The decision about
relieve of the President of Chechen Republic of the post is considered as made
if not less than two-thirds of votes of common number of the members of
Parliament voted.
Article 75 []
(1) The Vice-president of Chechen Republic is elected simultaneously with the
President for the period of five years. The nominee of the Vice - president is
determined by the candidate for the post of the President. The voting for a
nominee of the President means simultaneously voting for nominee put forward by
him of the Vice-president.
(2) On behalf of the President the Vice-president can execute part of his
authorities. The Vice-president executes the duties of the President if latter
temporarily not capable to execute official authorities. In this case the
authorities Of the Vice - president should be confirmed by the Parliament during
24 hours. In case of resignation of the President or his relieve of the post the
Vice-president becomes the President up to new Presidential elections under the
right.
(3) In case of relieve of the post of the Vice-president or his resignation the
President nominates the Vice-president which takes office after the approval him
by majority of votes of the member's of the Parliament. The Vice-president can
not take any other office.
Article 76 []
The President of the Republic issues the Decrees and orders, checks up their
observance on the basis and in the performance of the Constitution and laws of
the Republic and decrees of the Parliament of the Republic. The decrees of the
President of the Republic can not contradict the Constitution and laws of the
Republic. The decrees of the President are obligatory to execution in all
territory of the Republic. The President has the right to suspend the decision
of bodies of executive authority in the territory of the Republic if they
contradict the Constitution of the Republic.
Article 77 []
The President and Vice-president of the Republic are inviolable and are
protected by the law.
Article 78 []
(1) The Cabinet of Ministers of Chechen Republic is an executive-managing body
and is subordinated to the President of Chechen Republic.
(2) The Cabinet of Ministers consists of the Chairman of the Cabinet, his
deputies and members of the Cabinet of Ministers. The structure of the Cabinet
of Ministers is determined under the proposal of the President and is approved
by the Parliament of the Republic.
Article 79 []
(1) The Cabinet of Ministers of the Republic bears the responsibility before the
President of the Republic. The newly formed Cabinet of Ministers presents for
consideration of the Parliament of the Republic the program of forthcoming
activity for the term of authorities.
(2) The Cabinet of Ministers reports about work before the Parliament of the
Republic not less often once in a year.
(3) The Parliament of the Republic can express mistrust to the Cabinet of
Ministers that entails its resignation. The decree on this question is accepted
by the majority of votes of not less than two-thirds of general number of the
members of the Parliament of the Republic.
(4) The Cabinet of Ministers resigns the authorities before the newly elected
President of the Republic.
Article 80 []
The Cabinet of Ministers is competent to solve the problems of state management
referred to its management.
Article 81 []
The Cabinet of Ministers issues the decrees and orders, checks up their
observance on the basis and in the observance of the laws of the republic,
decrees of the Parliament and Decrees of the President. The decrees and orders
of the Cabinet of Ministers of Chechen Republic are obligatory to execution in
all territory of the Republic.
Article 82 []
The structure of the Cabinet of Ministers, competence, order of activity and its
relation with other state bodies are determined by the law on the Cabinet of
Ministers of Chechen Republic.
Article 83 []
The incomes and charges of the Republican Budget should be balanced. Extreme
allowable size of the deficit is established by the law.
Article 84 []
The incomes of the Republican Budget are formed at the expense of the taxes,
compulsory payments, takings and duties, incomes of the state property, as well
as other receipts established by the law. The list and the sizes of the taxes,
takings and duties are established by the law.
Article 85 []
The Republican state charges are executed at the expense of the State Budget.
The charges of the Republic can be made only according to the articles of Budget
authorized by the Parliament. The detailed reports on public revenues and
charges are subject to compulsory annual publication.
Section 4 Electoral System
Article 86 []
The elections in Chechen Republic are carried out on the basis of general equal
and direct electorship by balloting.
Article 87 []
The citizens of Chechen Republic of 17 years old participate in elections.
Citizens can not be elected and do not participate in elections citizens
recognized by the court as incapable, and person concerning of which sentence of
the court came into force providing punishment as imprisonment.
Article 88 []
The order of realization of elections of the members of the Parliament, bodies
of local self-government and officials is determined by the present Constitution
and laws.
Section 5 Bodies of Local Self-Government
Article 89 []
The local self-government is executed by the representative and executive
authorities, as well as in the form of direct democracy. The name of bodies of
local self-government is established by the legislation.
Article 90 []
The bodies of local self-government within the limits of competence act
irrespective of the state authority within the framework of the Constitution and
Laws of Chechen Republic.
Article 91 []
The representative of bodies of local self-government are main bodies of the
local authority in an appropriate territory.
Article 92 []
Bodies of local self-government independently develop, approve, execute the
budget. The means of local self-government, including budget are not subject to
withdrawal.
Article 93 []
The citizens have the right to appeal in the judicial order of the decision and
action of bodies of local self-government and their officials.
Section 6 Judicial Power
Article 94 []
(1) The judicial power in Chechen Republic is executed only by court and acts
irrespective of legislative, executive authority as' well as of parties, other
public unifications and movements. Nobody, except for bodies of justice
stipulated by the Constitution and laws of Chechen Republic have the right to
incur functions and authorities of the judicial power.
(2) The judicial power has purpose of protection Constitutional System of
Chechen Republic, rights and freedom of the: citizens, control on correct
application and observance of the laws and standards of an executive authority,
Constitution of Chechen Republic.
Article 95 []
(1) The judicial power will be realized by exercise of justice.
(2) The acts of judicial power are obligatory for all state and public
organizations, official, legal entities and natural persons and are subject to
execution in all territory of Chechen Republic.
Article 96 []
The citizens of Chechen Republic can participate in exercise of the justice,
executing of the responsibility of jurymen. The board of jurymen is formed by
the parties in the order established by the legislation.
Article 97 []
Judges are independent and subordinated only to the law. Judges take the oath
pursuant to the law. The judges can not take any paid post, except teaching, as
well as to be the members of political parties.
Article 98 []
The Chairman of the Constitutional Court of Chechen Republic and his deputies,
members of the Constitutional Court of Chechen Republic; the Chairman of the
Supreme Court of Chechen Republic and his deputies, members of the Supreme Court
of Chechen Republic; judges of municipal and district (regional) courts are
elected by the Parliament of Chechen Republic.
Article 99 []
(1) By virtue of competence the Constitutional Court of Chechen Republic: -
settles the cases about legitimacy of the laws of Chechen Republic and decrees
of the President; - settles constitutional-legal disputes between the state
bodies, as well as state bodies and public associations; - gives the conclusions
under the charge of the President of Chechen Republic in infringement of the
Constitution and laws.
(2) The laws of ChRI, as well as the decrees of the President of Chechen
Republic recognized by the Constitutional Court as being not appropriate to the
Constitution of Chechen Republic lose force from the date of publication of the
decision of the Constitutional Court of Chechen Republic.
(3) All decisions of the Constitutional Court on questions referred to its
management, are final.
(4) The order of consideration of legal proceeding in the Constitutional Court
is determined by the law.
Article 100 []
There will be formed and act the Supreme Court, Municipal Court of Grozny,
municipal, district (regional) courts, as well as military tribunals in Chechen
Republic. Other courts can be created only on the basis of the Laws of Chechen
Republic.
Article 1O1 []
The Supreme Court of Chechen Republic executes functions of supervision of
judicial activity of lower courts, considers civil and criminal cases of Chechen
Republic. Organization and order of activity of the Supreme Court, Municipal
Court of Grozny, municipal, district (regional) courts, military tribunals of
Chechen Republic are regulated by the appropriate laws.
Article 102 []
(1) Consideration of legal proceeding in all courts are opened. The hearing of
cases in closed meeting of the court is allowed only in cases established by the
law with observance thus all rules of legal proceedings. The consideration of
legal proceeding in courts is executed by judges collectively, unanimously or
juries.
(2) The default examination of criminal cases in courts of the first instance is
not allowed, except for cases established by the legislation.
Article 103 []
The legal proceedings is executed on the basis of competition principles. The
right to the legal help is recognized at any stage of legal proceedings.
Article 104 []
The right to defense is provided to suspected, accused, defendant, convicted.
Protection of the rights and legal interests is provided to the loss and other
citizens participating in legal proceedings.
Article 105 []
Accused is considered as innocent while his guiltiness will not be proven in the
order stipulated by the law and is established
entered in legal force by the judicial sentence.
Article 106 []
The legal proceedings is conducted in the Chechen or Russian Languages. To
persons participating in the case not speaking in language on which the legal
proceedings is conducted are provided by the right of acquainting with all
materials of the case, participation in judicial actions by the help of the
interpreter, right to speak in the court in native language.
Article 107 []
If the court in consideration of particular case recognizes that the used
normative act contradicts the Constitution of Chechen Republic it suspends the
consideration of the case and introduces in the Constitutional Court of Chechen
Republic motivated representation about recognition of this law
unconstitutional.
Article 108 []
(1) For consideration of economic disputes between the legal entities will be
formed and acted the Arbitration Court of Chechen Republic.
(2) The order of organization and activity of the Arbitration Court of Chechen
Republic is determined by the law.
Section 7 Rule of Law
Article 109 []
(1) Legislative, executive, judicial powers, the bar and citizens participate in
protection of the law and law and order in the territory of Chechen Republic.
(2) The differentiation of competence of the state bodies ensuring legitimacy
and law and order is established by the laws of Chechen Republic.
(3) Law-enforcement bodies directly 'accountable to the legislative authority
are the Procurator's Office of Chechen Republic, Investigation Committee of
Chechen Republic, Service of National Security of Chechen Republic.
(4) The law-enforcement bodies directly accountable to executive authority of
Chechen Republic are bodies and establishments of the justice, Internal Affairs,
boundary and customs control.
(5) There are forbidden creation of private and public organizations
independently performing investigation and other functions on struggle with
crime in the territory of Chechen Republic.
(6) The public associations can assist the state law-enforcement bodies in
protection of legitimacy and law and order, rights and freedom of the citizens
pursuant to the laws of Chechen Republic.
Article 110 []
(1) The General Procurator of Chechen Republic and procurators subordinated to
him execute supervision for everywhere, exact, uniform observance and
application of the laws acting in the territory of Chechen Republic and ratified
international-legal acts by all state bodies, public associations, their
officials and citizens, except the supreme bodies of the legislative and
executive authorities and courts of Chechen Republic.
(2) The General Procurator of Chechen Republic is nominated for the period of
five years by the Parliament of Chechen Republic. The lower procurators are
nominated by the Parliament of Chechen Republic by presentation of General
Procurator for the same term. The order of organization and activity of
Procurator's Office of Chechen Republic is
determined by the Law.
Article 111 []
(1) The service of National Security of Chechen Republic and its bodies within
the limits of their competence protect constitutional system of Chechen
Republic, state sovereignty, state interests and territorial integrity of the
republic. The Chief of the Service of National Security is nominated by the
Parliament of Chechen Republic.
(2) The order of organization and activity of the Service of National Security
of Chechen Republic is determined by the law.
Article 112 []
The Investigation Committee of Chechen Republic and its bodies are executed
preliminary investigation on cases about crimes in all territory of Chechen
Republic.
© 1994 - 7. Jan. 2004 / For corrections please contact A. Tschentscher.
