THE CONSTITUTION OF THE CHECHEN REPUBLIC
We, the multinational people of the Chechen Republic,
recognizing our historic responsibility for the establishment of the
social order and accord in the Chechen Republic,
striving to protect human rights and liberties as the supreme value and
strengthen democratic foundations of the society,
guided by the generally-recognized principles of equality and
self-determination of peoples,
based on the responsibility for the past, present and future of our
society and nation,
affirming our historical unity with Russia and its multinational
people,
reaffirming the best traditions of the peoples of the Chechen Republic
and the entire Russian Federation,
honouring the memory of our ancestors, who have given us our love and
respect for the Fatherland, our belief in good and fairness,
hereby proclaim and adopt this Constitution of the Chechen Republic.
SECTION ONE
CHAPTER 1
FOUNDATIONS OF THE CONSTITUTIONAL ORDER
Article 1
1. The Chechen Republic (Nokhchiin Respublika) is a democratic social
legal state with a republican form of government.
The sovereignty of the Chechen Republic shall be expressed in its full
(legislative, executive and judicial) authority - outside the limits of
jurisdiction of the Russian Federation and its authority on matters
under joint jurisdiction of the Russian Federation and the Chechen
Republic - and shall be the inalienable qualitative property of the
Chechen Republic.
2. The territory of the Chechen Republic shall be united and
indivisible and shall be an inalienable part of the territory of the
Russian Federation.
Article 2
1. The sole source of power in the Chechen Republic, within the limits
of the jurisdiction of the Republic, is its multinational people.
2. The people shall exercise their power directly, as well as through
bodies of state authority and through bodies of self-government.
3. The direct supreme expression of the people’s power shall be the
referendum and free elections.
4. The seizure of power or usurpation of authority is impermissible and
shall be prosecuted by law.
Article 3
1. The individual, its rights and liberties are the supreme value. The
Chechen Republic confirms special political and legal significance of
the rights and liberties of an individual and citizen by the inclusion
of the provisions of the Constitution of the Russian Federation, which
regulate the rights and liberties of an individual and citizen into the
Constitution of the Chechen Republic.
2. Creation of conditions which provide a dignified life and free
development for individuals, civil order and accord in the society,
preservation and protection of the historic and cultural heritage of
the peoples and their national originality are supreme objectives of
the Chechen Republic.
Article 4
1. State authority in the Chechen Republic is exercised on the basis of
its separation into legislative, executive and judicial branches.
Bodies of legislative, executive and judicial authority are
independent.
2. The system of bodies of state power of the Chechen Republic is
established by this Constitution in accordance with the foundations of
the constitutional order of the Russian Federation and the general
principles of organization of legislative (representative) and
executive bodies of state power established by federal law.
Article 5
1. State authority in the Chechen Republic is exercised by the
President of the Chechen Republic, the Parliament of the Chechen
Republic (Council of the Republic, People's Assembly), the
government of the Chechen Republic, courts of the Chechen Republic and
other bodies of state authority of the Chechen Republic established in
accordance with this Constitution.
2. When carrying out their activities, the President of the Chechen
Republic, the Parliament of the Chechen Republic, the government of the
Chechen Republic and other bodies of state authority of the Chechen
Republic and courts of the Chechen Republic shall cooperate in the
forms established by federal law, this Constitution and laws of the
Chechen Republic in order to provide effective management of the
economic and social development processes in the Chechen Republic in
the interests of its population.
Article 6
1. In respect of matters under the jurisdiction of the Chechen
Republic, the Constitution and laws of the Chechen Republic shall have
direct legal effect in the entire territory of the Chechen Republic and
shall have supreme legal force. In the event of a contradiction between
a federal law and a regulatory act of the Chechen republic, the
regulatory act of the Chechen Republic shall prevail.
In respect of matters under exclusive jurisdiction of the Russian
Federation and joint jurisdiction of the Russian Federation and the
Chechen Republic, federal constitutional laws and federal laws shall
have direct legal effect in the entire territory of the Chechen
Republic. In the event of a contradiction between a federal law and a
regulatory act of the Chechen republic, the federal law shall prevail.
2. The laws and other regulatory acts adopted under the jurisdiction of
the Chechen Republic must not contradict federal laws and the
Constitution of the Chechen Republic.
3. Disputes concerning jurisdiction of bodies of the state authority of
the Chechen Republic and bodies of the state authority of the Russian
Federation, as well as those between bodies of the state authority of
the Chechen Republic shall be resolved in accordance with the agreement
procedures envisaged by the Constitution of the Russian Federation,
this Constitution, law or through court action.
4. All laws must be officially published. Unpublished laws shall not be
applied. Other regulatory acts affecting human rights, liberties and
obligations and those of citizens shall not apply if they are not
published officially for everyone's information.
5. The bodies of state authority of the Chechen Republic, the bodies of
local self-government, enterprises, institutions, organizations,
officials, citizens and their associations, as well as foreign citizens
and stateless persons, must observe the Constitution of the Russian
Federation and federal laws, the Constitution of the Chechen Republic
and other laws regulatory acts of the Republic.
Article 7
1. Local self-government is recognized and guaranteed in the Chechen
Republic. Local self-government is independent within the limits of its
authority. Bodies of local self-government are not part of the system
of the bodies of state authority.
Article 8
1. Ideological and political diversity and a multi-party system are
recognized in the Chechen Republic.
2. No ideology may be established as a state or compulsory ideology.
3. Parties and public associations are equal before the law.
4. The establishment and activity of public associations whose
objectives or actions are directed towards the forced change of the
foundations of the constitutional order or the violation of the unity
of the Chechen Republic and the Russian Federation, inflaming social,
racist, national and religious discord and establishing any armed or
military formations in the territory of the Chechen Republic, which are
not envisaged by the Constitution of the Russian Federation and federal
law, shall be prohibited.
Article 9
1. State, municipal, private and other forms of ownership shall be
recognized and protected equally in the Chechen Republic.
2. Land and other natural resources shall be used and protected in the
Chechen Republic as the foundation of life and activity of the peoples
living in the territory of the Chechen Republic.
3. Legal regulation of matters of ownership, use and disposal of land
and other natural resources shall be carried out in accordance with
legislation of the Chechen Republic within limits and according to the
procedure established by the Constitution of the Russian Federation and
federal law.
Article 10
1. The state languages of the Chechen Republic shall be the Chechen and
Russian languages.
2. The Russian language shall be the medium of communication between
nations and the language of official office work in the Chechen
Republic.
3. The status of the state languages of the Chechen Republic shall be
established by federal and republic laws.
Article 11
1. The Chechen Republic is a secular State. No religion may be
established as a state or compulsory religion.
2. Religious associations are separate from the State and equal before
the law.
Article 12
Each citizen of the Russian Federation who resides or is in the
territory of the Chechen Republic shall enjoy all rights and liberties
and bear equal responsibilities envisaged by the Constitution of the
Russian Federation, federal laws, the Constitution of the Chechen
Republic and laws of the Republic.
Article 13
1. The provisions of this Chapter of the Constitution of the Chechen
Republic constitute the foundations of the constitutional order of the
Chechen Republic. No other provisions of the Constitution of the
Chechen Republic may contradict the foundations of the constitutional
order of the Chechen Republic.
2. Taking into account special political and legal significance of the
provisions of the Constitution of the Russian Federation which relate
to matters under the jurisdiction of the Russian Federation and
subjects of the Russian Federation, such provisions are included into
the Constitution of the Chechen Republic.
CHAPTER 2
HUMAN AND CITIZENS' RIGHTS AND LIBERTIES
Article 14
1. Human and citizens' rights and liberties shall be recognized and
guaranteed in the Chechen Republic in accordance with the Constitution
of the Russian Federation, the Constitution of the Chechen Republic and
in accord with generally accepted principles and norms of international
law.
Protection of human and citizens' rights and liberties is the
obligation of the Chechen Republic, its state bodies and officials.
2. Fundamental human rights and liberties are inalienable and are
enjoyed by everyone from birth.
3. The exercise of human and citizens' rights and liberties must
not violate the rights and liberties of other persons.
Article 15
1. Human and citizens' rights and liberties are immediately
effective. They shall determine the essence, content and application of
laws, the activity of legislative and executive authority and local
self-government, and shall be secured by the system of justice.
Article 16
1. All persons are equal before the law and the courts.
2. The Chechen Republic shall guarantee the equality of human and
citizens’ rights and liberties irrespective of gender, race,
nationality, language, origin, property ownership or office, place of
residence, attitude towards religion, convictions, membership in public
associations, as well as other circumstances. Limitation of citizens’
rights based on social status, race, ethnicity (nationality), language
or religious confession shall not be permitted.
3. Men and women shall have equal rights and liberties and equal
opportunities for their implementation.
Article 17
Every person has the right to life. No one can be deprived of life
arbitrarily.
Article 18
1. The dignity of the person shall be protected by the state. Nothing
may serve as a basis for its derogation.
2. No one may be subjected to torture, violence or other treatment or
punishment, which is cruel or degrading. No one may be subjected to
medical, scientific or other experiments without voluntary consent.
Article 19
1. Every person has the right to freedom and personal inviolability.
2. Arrest, detention and remanding in custody shall be allowed only by
a court decision.
Article 20
1. Everyone has the right to the inviolability of private life, private
and family secrecy, and the protection of his (her) honour and good
name.
2. Everyone has the right to the secrecy of correspondence, telephone
calls, postal, telegraph and other correspondence. Limitation of that
right shall be permitted only on the basis of a court decision.
Article 21
1. The collection, use and distribution of information on the private
life of a private individual without his (her) consent shall not be
permitted.
2. The bodies of state authority and bodies of local self-government,
and their officials, must provide everyone with the opportunity to
review documents and materials that directly concern their rights and
liberties, unless otherwise is stipulated by law.
Article 22
The home is inviolable. No one may enter housing against the will of
those residing therein, except in the cases established by federal law,
or on the basis of a court decision.
Article 23
1. Everyone has the right to determine and specify his or her
nationality. No one may be forced to specify his or her nationality.
2. Every person has the right to use his or her native language, to the
free choice of language of communication, rearing, education and
creative work.
Article 24
Everyone who is lawfully located in the territory of the Chechen
Republic has the right to freely move, and select his (her) place of
stay and residence.
Article 25
Every person is guaranteed freedom of conscience, freedom of
confession, including the right to practice any religion individually
or jointly with others or not to practice any religion, to freely chose
and have religious and other convictions.
Article 26
1. Everyone is guaranteed freedom of thought and speech.
2. Propaganda and agitation, which incite social, racial, ethnic or
religious hatred and animosity, shall be prohibited. Propaganda of
social, racial, ethnic, religious or linguistic supremacy, as well as
propaganda of violence and pornography shall be prohibited.
3. No one may be forced to express his (her) opinions or convictions or
to denounce them.
4. Everyone has the right to freely seek, obtain, transfer, produce and
distribute information by any lawful means.
5. The freedom of the mass media is guaranteed. Censorship is
prohibited.
Article 27
1. Every person has the right of association, including the right to
create professional unions for the protection of its interests. Freedom
of activity of public associations is guaranteed.
2. No one may be forced to enter any association or to be its member.
Article 28
Citizens have the right to meet peacefully, without carrying arms, and
hold gatherings, meetings and demonstrations, marches and pickets.
Article 29
1. Citizens of the Russian Federation who live in the Chechen Republic
(citizens of the Chechen Republic) have the right to participate in the
management of affairs of the Chechen republic both directly and through
their representatives.
2. Citizens of the Chechen Republic have the right to elect and be
elected to bodies of State authority and bodies of local
self-government, as well as to participate in referendums.
3. Citizens of the Chechen Republic who have been declared as lacking
legal capacity by a court, as well as those held in institutions of
confinement pursuant to a court sentence, shall not have the right to
elect and be elected.
4. Citizens of the Chechen Republic have equal access to civil service
and municipal service.
5. Citizens of the Chechen Republic have the right to participate in
the administration of justice.
Article 30
Citizens of the Chechen Republic shall have the right to petition
personally, as well as to send individual and collective petitions to
state bodies and bodies of local self-government.
Article 31
1. Everyone has the right to the free use of his (her) abilities and
property for the entrepreneurial and other economic activities not
prohibited by law.
2. Economic activities aimed at monopolization or unscrupulous
competition shall be prohibited.
Article 32
1. The right of private ownership shall be protected by law.
2. Everyone has the right to own property, to possess, use and dispose
of it either individually or jointly with other persons.
3. No one may be deprived of his (her) property, except by a decision
of a court. Forced alienation of property for the state needs may be
carried out only on condition of equal compensation made in advance.
4. The right of inheritance is guaranteed.
Article 33
1. Citizens and their associations have the right to hold land in
private ownership.
2. The possession, use and disposal of land and other natural resources
may be carried out by their owners freely, unless this damages the
natural environment or violates the rights and lawful interests of
other persons.
3. The conditions and procedure for the use of land shall be determined
on the basis of a federal law.
Article 34
1. Labour is free. Everyone has the right to earn his or her living
through work, use his or her abilities to work, chose his or her type
of activity and profession.
2. Forced labour is prohibited.
3. Everyone has the right to employment in conditions conforming to
safety and hygiene requirements, to compensation for work without any
discrimination and not lower than the minimum wage established by
federal law, as well as the right to protection from unemployment.
4. The right to individual and collective labour disputes using the
means established by federal law for their resolution, including the
right to strike, is recognized.
5. Everyone has the right to vacation. Persons working under an
employment contract shall be guaranteed the working time duration, days
off and holidays and a paid annual vacation established by federal law.
Article 35
1. Motherhood, childhood and the family are under the protection of the
state.
2. Care for children and the upbringing of children is equally a right
and obligation for parents.
3. Young people over 18 years of age and capable of working must care
for their parents.
4. Generally-recognized customs and traditions of the Chechen Republic,
such as respect for old people, women, persons of different religious
beliefs, hospitality and mercy, are sacred and protected by the
Constitution of the Chechen Republic and laws of the Republic.
Article 36
1. Every citizen of the Chechen Republic shall be guaranteed social
security on the basis of age, in the event of illness, disability, loss
of breadwinner, for raising children, and in other cases envisaged by
law.
2. State pensions and social subsidies shall be established in
accordance with federal laws and laws of the Chechen Republic.
3. Voluntary social insurance, creation of additional forms of social
security and charity activities shall be encouraged.
Article 37
1. Everyone has the right to housing. No one may be arbitrarily
deprived of his housing.
2. Bodies of state authority and bodies of local self-government shall
encourage housing construction and create conditions for the exercise
of the right to housing.
3. The low-income citizens of the Chechen Republic and other citizens
specified by legislation of the Chechen Republic, who are in need of
housing, shall receive it free of charge or for a reasonable price from
state, municipal and other housing funds in accordance with the norms
established by law.
Article 38
1. Everyone has the right to protection of health and to medical aid.
Medical aid at state and municipal healthcare institutions shall be
provided to citizens free of charge at the expense of the funds of the
corresponding budget, insurance contributions and other receipts.
2. In the Chechen Republic, the republic programs for the protection
and strengthening of the population's health shall be financed,
measures for the development of state, municipal and private healthcare
systems shall be taken, activity facilitating the development of
physical culture and sports and the strengthening of public health as
well as environmental, sanitation and epidemiological safety shall be
encouraged.
3. The concealment of facts or circumstances, posing a threat to
people’s lives or health, committed by officials shall give rise to
their liability in accordance with federal law.
Article 39
Everyone has the right to favourable natural environment, reliable
information about its condition and to compensation for damages caused
to health or property by violations of environmental legislation.
Article 40
1. Each citizen has the right to education.
2. General accessibility and free pre-school, primary and secondary
education, as well as secondary professional education shall be
guaranteed at state and municipal educational institutions.
3. Everyone shall have the right to receive, on a competitive basis,
free higher education at a state or municipal educational institution.
4. Primary school education is compulsory. Parents or guardians must
ensure that children receive primary school education.
5. The Chechen Republic shall resolve questions of education within the
jurisdiction of the Republic.
Article 41
1. Everyone shall be guaranteed freedom of literary, artistic,
scientific, technical and other types of creative activities, and
teaching. Intellectual property shall be protected by law.
2. Everyone shall have the right to participate in cultural life and
use cultural institutions, as well as to gain access to cultural
values.
3. Every person must preserve historical and cultural heritage and
protect historical and cultural monuments.
Article 42
Every person has the right to defend his (her) rights and liberties
with all means that are not prohibited by law.
Article 43
1. Every person shall be guaranteed judicial defence of his or her
rights and liberties.
2. Decisions and actions (or inaction) of bodies of state authority,
bodies of local self-government, public associations and officials may
be appealed against in court.
Article 44
1. No one may be deprived of the right to the consideration of his or
her case in that court and by that judge to whose jurisdiction it is
assigned.
2. A person accused of committing a crime has the right to the
examination of his or her case by a court with the participation of
jurors in the cases envisaged by federal law.
Article 45
1. Everyone shall be guaranteed the right to receive qualified legal
assistance. In cases envisaged by law, legal assistance shall be
rendered free of charge.
2. Every person detained, held in custody or accused of a crime shall
have the right to use the assistance of a lawyer (defence lawyer) from
the moment of the detainment, taking in custody or presentation of
charges.
Article 46
1. Every person accused of committing a crime shall be considered
innocent until his or her guilt is proved in accordance with the
procedure established by federal law and confirmed by a sentence of a
court which has come into legal force.
2. Accused persons are not obligated to prove their innocence.
3. Unresolved doubts about the guilt of a person shall be interpreted
in favour of the accused.
Article 47
1. No one may be convicted repeatedly for one and the same crime.
2. During the administration of justice, the use of evidence obtained
in violation of federal law shall not be permitted.
3. Every person found guilty of a crime shall have the right to a
review of the verdict by a superior court in accordance with the
procedure established by federal law, and also the right to ask for a
pardon or a mitigation of the punishment
Article 48
No one may testify against himself or herself, his or her spouse or
close relatives as defined by federal law.
Article 49
The rights of victims of crimes and abuses committed by the authorities
shall be protected by law. The state shall secure victims an access to
justice and compensation for the damage inflicted.
Article 50
Everyone has the right to compensation by the state of damages caused
by unlawful actions (or inaction) of bodies of state authority or their
officials.
Article 51
1. A law establishing or aggravating liability shall have no
retroactive effect.
2. No one shall bear liability for any action which, at the time of its
commitment, was not regarded as a violation of law. If after the
commitment of a legal violation the liability for it is eliminated or
mitigated, the new law shall be applicable.
Article 52
1. The listing in the Constitution of the Chechen Republic of rights
and liberties must not be interpreted as a negation or derogation of
other generally recognized human and civil rights and liberties.
2. Laws eliminating or derogating human and civil rights and liberties
must not be issued in the Chechen Republic.
3. Human and civil rights and liberties may limited by federal law only
to the extent that this is necessary for the purposes of defending the
foundations of the constitutional order of the Russian Federation,
morality, health, rights and lawful interests of other persons and the
ensuring of the defence and security of the Russian Federation.
Article 53
1. During a state of emergency, certain limitations on rights and
liberties may be imposed in accordance with federal constitutional law
to ensure the security of citizens and the protection of the
constitutional order with specification of the limits and term for
their effect.
2. A state of emergency in the Chechen Republic and in its separate
parts may be introduced in the event of circumstances and in accordance
with the procedure established by the federal constitutional law.
Article 54
Everyone shall be obligated to pay lawfully established taxes and
duties. Laws introducing new taxes or worsening the position of
taxpayers shall not have retroactive force.
Article 55
Everyone is obligated to preserve nature and the environment and have a
careful attitude to natural resources.
Article 56
Citizens of the Chechen Republic shall perform military service in
accordance with federal law. In cases determined by federal law, they
have the right to get the military service replaced by the alternative
civilian service.
Article 57
Citizens of the Chechen Republic may from the age of 18 exercise their
rights and obligations to the full extent independently, unless
otherwise is established by law.
CHAPTER 3 STATE STRUCTURE OF THE CHECHEN REPUBLIC
Article 58
Relations of the Chechen Republic and the Russian Federation shall be
determined by the Constitution of the Russian Federation, federal laws,
the Constitution of the Chechen Republic and agreements concluded in
accordance with the federal laws between the bodies of state authority
of the Chechen Republic and bodies of state authority of the Russian
Federation on the division of jurisdiction and powers and agreements
between the executive bodies of the Chechen Republic and federal
executive bodies on the transfer of part of their powers to each other.
Article 59
1. The status of the Chechen Republic is determined by the Constitution
of the Russian Federation and the Constitution of the Chechen Republic.
The status of the Chechen Republic may not be changed without its
consent.
2. The borders between the Chechen Republic and other subjects of the
Russian Federation may be changed only by mutual consent of the
Parties.
3. The border between the Chechen Republic and foreign states are the
State Border of the Russian Federation, whose status is determined by
federal law.
4. The administrative and territorial structure of the Chechen Republic
and the procedure for its change, as well as the status of the capital
city of the Chechen Republic shall be determined by laws of the
Republic.
5. The Chechen Republic shall include:
cities of Grozny, Argun and Gudermes of the republic significance;
districts: Achkhoi-Martanovsky, Vedensky, Galanchozhsky, Groznensky,
Gudermessky, Itum-Kalinsky, Kurchaloevsky, Nadterechny, Naursky,
Nozhai-Yurtovsky, Staro-Yurtovsky, Sunzhensky, Urus-Martanovsky,
Chebernoevsky, Shalinsky, Sharoisky, Shatoisky and Shelkovskoy.
The capital city of the Chechen Republic is the city of Grozny.
Article 60
The following matters fall within the joint jurisdiction of the Russian
Federation and the Chechen Republic:
a) ensuring the conformity of the Constitution of the Chechen Republic
and the Republic's laws to the Constitution of the Russian
Federation and federal laws;
b) protection of human and citizens' rights and liberties;
protection of rights of national minorities; ensuring legal order,
public safety; ensuring border zones regimes;
c) matters relating to the possession, use and disposal of land,
subsurface, water and other natural resources;
d) delimitation of state property;
e) use of nature; protection of the environment and ensuring
environmental safety; specially protected natural territories;
protection of historical and cultural monuments;
f) general questions of upbringing, education, science, culture,
physical culture and sports;
g) coordination of questions of healthcare, the protection of the
family, motherhood, fatherhood and childhood, social protection,
including social insurance;
h) implementation of measures against catastrophes, natural disasters
and epidemics; alleviation of their consequences;
i) establishment of general principles of taxation and duties in the
Russian Federation;
j) administrative, administrative and procedural, labour, family,
housing, land, water and forest legislation, legislation on subsurface
resources and on the environmental protection;
k) personnel of courts and law-enforcement bodies, legal profession
[trial advocacy], notaries;
l) protection of the indigenous habitat and traditional life-style of
ethnic minorities;
m) establishment of general principles of organization of the system of
bodies of state authority and local self-government;
n) coordination of international and foreign economic relations of the
Chechen Republic, implementation of international agreements of the
Russian Federation.
Article 61
The following matters fall within the jurisdiction of the Chechen
Republic:
a) adoption of the Constitution of the Chechen Republic, introduction
of amendments and additions into it;
b) protection of rights and lawful interests of the Chechen Republic,
supervision over the observation of its Constitution and laws;
c) legislation of the Chechen Republic;
d) establishment of the system of bodies of state authority of the
Chechen Republic, and procedures for their organization and activities;
e) determination of organizational specifics and procedures for the
activities of local self-government bodies in the Chechen Republic;
f) administrative and territorial structure of the Chechen Republic;
g) determination and implementation of a social and economic policy,
adoption of and control over the execution of the budget of the Chechen
Republic;
h) establishment of republic taxes and duties, establishment of
republic urban, district and settlement development funds and other
extra-budgetary funds;
i) matters relating to republic property and determination of the
procedures for its management;
j) republic energy-supply and other life-support systems, transport,
information and communication in the Chechen Republic;
k) international and foreign economic relations of the Chechen
Republic, implemented within powers provided by federal law;
l) state decorations and titles of honour of the Chechen Republic,
state symbols;
m) matters of unification with other subjects of the Russian Federation
into regional, inter-regional associations and unions, conclusion of
agreements for the purposes of cooperation and all-round development of
the territory;
n) programs of social and economic development of the Chechen Republic;
o) settlement of forced migrants returning to the Chechen Republic,
their social adaptation;
p) establishment of the procedures for the organization and activities
of the Constitutional Court of the Chechen Republic.
Legal regulation of the above issues shall be carried out by the
Chechen Republic on the basis of and in accordance with provisions of
federal law.
Article 62
The state flag, emblem and hymn of the Chechen Republic, their
descriptions and the procedure for the official use shall be
established by the Republic's law.
CHAPTER 4 PRESIDENT OF THE CHECHEN REPUBLIC
Article 63
The President of the Chechen Republic is the highest official of the
Chechen Republic and head of the executive authority of the Chechen
Republic.
Article 64
1. When taking office the President of the Chechen Republic shall take
the following oath to the multinational people of the Chechen Republic:
"I promise in exercising the authorities of the President of the
Chechen Republic to respect and protect human and citizens' rights
and liberties, protect rights of the multinational people of the
Chechen Republic and serve it faithfully, observe and protect the
Constitution of the Chechen Republic and republic laws".
2. The oath shall be taken in a solemn setting at a joint meeting of
chambers of the Parliament of the Chechen Republic in the presence of
the members of the government of the Chechen Republic, judges of the
Constitutional Court of the Chechen Republic, representatives of
political parties and public associations and movements.
Article 65
The President of the Chechen Republic shall be elected by citizens of
the Chechen Republic who have reached 18 years of age on the day of the
election and have the right of choice in accordance with federal law on
the basis of a universal equal and direct electoral right by secret
vote.
Article 66
The President of the Chechen Republic may be a citizen of the Russian
Federation not younger than 30 years of age.
Article 67
1. The President of the Chechen Republic shall be elected for the term
of four years and may not be elected to the office for more than two
successive terms.
2. The President of the Chechen Republic, elected in accordance with
the federal law and this Constitution, shall take office upon
expiration of four years from the day of taking office by the President
of the Chechen Republic elected at the previous election of the
President of the Chechen Republic, or - in the event of early election
or if the repeated election of the President of the Chechen Republic is
called by the date of expiration of four years from the day of taking
office by the President of the Chechen Republic elected at the previous
election - on the thirtieth day from the official publication of
general results of the election of the President of the Chechen
Republic by the Election Commission of the Chechen Republic.
Article 68
In the event that the election of the President of the Chechen Republic
is regarded as invalid or if none of the standing candidates is
elected, the chairman of the government of the Chechen Republic shall
temporarily act as President of the Chechen Republic until the
newly-elected President of the Chechen Republic takes office. In this
case, the new election shall be held not later than in six months after
the official announcement of the results of the previous election.
Article 69
The President of the Chechen Republic may not simultaneously be a
deputy of the parliament of the Chechen Republic, a deputy of a
representative local self-government body and may not carry out any
other paid activities except teaching, scientific or other creative
work, unless otherwise is envisaged by legislation of the Russian
Federation.
Article 70
1. The President of the Chechen Republic, directly or through bodies of
the executive authority of the Chechen Republic, ensures implementation
of a single social and economic state policy of the Chechen Republic,
as well as its policy in the sphere of finance, science, education,
health protection, social security and environmental protection.
2. The President of the Chechen Republic:
a) represents the Chechen Republic in its relations with the federal
bodies of state authority, bodies of state authority of subjects of the
Russian Federation, local self-government bodies and in its foreign
economic and international relations;
b) signs and publishes laws of the Chechen republic or rejects laws
passed by the Parliament of the Chechen Republic, signs treaties and
agreements on behalf of the Chechen Republic;
c) submits for consideration to the President of the Russian
Federation, the government of the Russian Federation and other state
bodies of the Russian Federation draft acts whose adoption is within
their jurisdiction;
d) appoints, with the consent of the Peoples' Assembly, the
Chairman of the Government of the Chechen Republic, his deputies,
ministers responsible for finance, economy, industry and agriculture,
and dismisses other ministers and heads of other executive bodies of
the Chechen Republic from their posts in accordance with the
republic's law;
e) upon a submission from the Chairman of the Government of the Chechen
Republic, forms the government of the Chechen Republic;
f) presents to the Council of the Republic candidatures for the
appointment to the posts of chairman, deputy chairmen and judges of the
Constitutional Court of the Chechen Republic, agrees candidatures for
the appointment to posts of justices of the peace in the Chechen
Republic;
g) makes decisions on the early termination of powers of the Parliament
of the Chechen republic (dissolution of the said body) if that body
passes a law or any other regulatory act contradicting the Constitution
of the Russian Federation, federal laws applying to matters under the
jurisdiction of the Russian Federation and matters under joint
jurisdiction of the Russian Federation and the Chechen Republic, and
the Constitution of the Chechen Republic, provided that such
contradiction is confirmed by an appropriate court and the Parliament
of the Chechen Republic has not removed it within six months from the
coming into effect of the court decision;
h) schedules off-year elections to the Parliament of the Chechen
Republic (chamber of the Parliament) in the event of early termination
of Powers of the Parliament of the Chechen Republic (chamber of the
Parliament);
i) has the right of legislative initiative;
j) no less frequently than once a year, submits reports and addresses
to the people and Parliament of the Chechen Republic to the Parliament
of the Chechen Republic (at the joint meeting of its chambers);
k) presents a candidature for the appointment to the post of the
Chairman of the National Bank of the Chechen Republic to the Council of
the Republic; puts to the Council of the Republic the question of the
removal of the Chairman of the National Bank of the Chechen Republic
from office;
l) agrees the candidature for the post of the Prosecutor of the Chechen
Republic;
presents to the Parliament of the Chechen Republic the candidature for
the post of the Prosecutor of the Chechen Republic, submitted by the
Prosecutor General of the Russian Federation, for the receipt of
consent for his appointment from the Prosecutor General of the Russian
Federation;
m) appoints half of the members of the Election Commission of the
Chechen Republic;
n) has the right to demand an extraordinary meeting of the chambers of
the Parliament of the Chechen Republic, as well as to call the
newly-elected chambers of the Parliament of the Chechen Republic to a
meeting held earlier than the date established for that meeting by the
Constitution of the Chechen Republic;
o) has the right to participate in the work of the chambers of the
Parliament of the Chechen Republic with the right of deliberative vote;
p) forms his administration and appoints its head;
q) appoints for the term of his office a plenipotentiary representative
of the executive body of the state authority of the Chechen Republic in
the Council of the Federation of the Federal Assembly of the Russian
Federation; appoints and dismisses the plenipotentiary representative
of the President of the Chechen Republic in the Parliament of the
Chechen Republic;
r) suspends regulatory and other acts of the executive bodies of the
state authority of the Chechen Republic and repeals them if they
contradict the Constitution of the Chechen Republic;
s) decorates with state decorations of the Chechen Republic,
recommends, in accordance with the established procedure, for the
decoration with state decorations of the Russian Federation;
t) exercises other powers in accordance with federal law and the
Constitution of the Chechen Republic;
2. The President of the Chechen Republic issues edicts and directives.
3. Edicts and directives of the President of the Chechen Republic shall
be obligatory for fulfilment in the entire territory of the Chechen
Republic.
Article 71
When exercising his powers, the President of the Chechen Republic must
observe the Constitution of the Russian Federation, federal laws, the
Constitution of the Chechen Republic and laws of the Chechen Republic,
as well as fulfil edicts and directives of the President of the Russian
Federation and resolutions and instructions of the government of the
Russian Federation.
Article 72
The President of the Chechen Republic shall cease to exercise his
powers early in the event of:
a) his death;
b) his resignation in connection with a vote of non-confidence given by
the Parliament of the Chechen Republic;
c) his voluntary resignation;
d) his removal from office by the President of the Russian Federation;
e) declaration that he lacks dispositive capacity or has a limited
dispositive capacity by a court;
f) recognition that he is missing or declaration that he is dead by a
court;
g) coming into effect of a conviction by a court;
h) his moving out of the Russian Federation for permanent residence or
loss of citizenship of the Russian Federation.
Article 73
The Parliament of the Chechen Republic shall have the right to give a
vote of non-confidence to the President of the Chechen Republic if:
a) he issues acts contradicting the Constitution of the Russian
Federation, federal laws, the Constitution of the Chechen Republic,
provided that such contradictions are confirmed by a court, and
President of the Chechen Republic fails to eliminate them within a
month from the court decision’s coming into effect;
b) any other gross violation of the Constitution of the Russian
Federation, federal laws, edicts of the President of the Russian
Federation, resolutions of the government of the Russian Federation,
Constitution of the Chechen Republic and laws of the Republic if that
has led to mass violations of human and citizens' rights.
Article 74
The vote of non-confidence to the President of the Chechen Republic
given by the Parliament of the Chechen Republic must be given by each
chamber by a two-thirds majority of votes of the established number of
deputies on the initiative of not less than one third of votes of the
established number of deputies of the People's Assembly.
Article 75
1. The vote of non-confidence to the President of the Chechen Republic
entails immediate resignation of the President of the Chechen Republic
and the government of the Chechen Republic.
2. Decision of the President of the Russian Federation on the removal
of the President of the Chechen Republic from his post entails
resignation of the government of the Chechen Republic.
Article 76
In all cases where the President of the Chechen Republic is not capable
of fulfilling his duties, they shall be temporarily fulfilled by the
Chairman of the Government of the Chechen Republic.
Article 77
1. In the event of early termination of powers of the President of the
Chechen Republic, the Chairman of the Government of the Chechen
Republic, who temporarily fulfils the duties of the President of the
Chechen Republic, shall call extraordinary election of the President of
the Chechen Republic. Such election shall be called and held at the
time established by federal law.
2. The Chairman of the Government of the Chechen Republic, who
temporarily fulfils the duties of the President of the Chechen
Republic, shall have no right to dissolve the Parliament of the Chechen
Republic and make proposals to amend and revise the Constitution of the
Chechen Republic.
CHAPTER 5 PARLIAMENT OF THE CHECHEN REPUBLIC
Article 78
1. The Parliament of the Chechen Republic is the sole, permanent,
highest legislative (representative) body of state authority of the
Chechen Republic.
2. The Parliament of the Chechen Republic consists of two chambers -
the Council of the Republic and the People's Assembly.
Article 79
1. The Council of the Republic consists of 21 deputies representing
administrative and territorial entities of the republic (cities of the
republic significance and districts) who are elected in single-member
constituencies on the basis of a direct electoral right by secret vote.
2. The People's Assembly shall consist of 40 deputies elected on
the basis of a direct electoral right by secret vote.
3. The status of the deputy of the Parliament of the Chechen Republic,
the procedure for the preparation for and holding of the elections of
the deputies of the Parliament of the Chechen Republic shall be
regulated by federal laws, this Constitutions and laws of the Republic.
Article 80
1. Deputies of the Parliament of the Chechen Republic shall be elected
for the term of 4 years by citizens of the Chechen Republic who have
the right of choice in accordance with federal law on the basis of a
universal equal and direct electoral right by secret vote.
2. A citizen of the Russian Federation who has reached 21 years of age
may be elected deputy of the Parliament of the Chechen Republic.
3. Deputies of the Parliament of the Chechen Republic may work on a
professional, permanent basis, on a professional basis during a
particular period of time or without abandoning their main activity in
accordance with legislation of the Chechen Republic.
4. During the term of his (her) authorities, the deputy of the
Parliament of the Chechen Republic may neither be a deputy of the State
Duma of the Federal Assembly of the Russian Federation nor a judge, and
may not hold any other state posts in the Russian Federation,
government posts in the federal government service, other state posts
in the Chechen Republic or state posts in the government service of the
Chechen Republic, as well as elected municipal posts and municipal
posts in the municipal service, unless otherwise is envisaged by
federal law.
5. In the event that the deputy of the Parliament of the Chechen
Republic carries out his activities on a professional, permanent basis,
that deputy may not have any paid work except teaching, scientific and
other creative activities, unless otherwise is envisaged by federal
law.
6. The deputy of the Parliament of the Chechen Republic shall have no
right to use his (her) status in the activities that do not relate to
the fulfilment of the deputy's authority.
7. The deputy of the Parliament of the Chechen Republic shall have
immunity during the entire term of his (her) authorities in accordance
with federal law.
Article 81
Deputies of the Parliament of the Chechen Republic shall have the right
to refuse to testify in a civil or criminal case about the
circumstances that became known to them in connection with the
fulfilment of their authorities.
Article 82
1. The Parliament of the Chechen Republic shall be legally competent if
no less than two-thirds of the established number of deputies are
elected into each of its chambers. If no less than two-thirds of the
established number of deputies are elected into one chamber of the
Parliament, that chamber is legally competent in the part falling under
its exclusive jurisdiction.
Legal competence of meetings of the chambers of the Parliament of the
Chechen Republic shall be determined by their rules.
2. The chambers of the Parliament of the Chechen Republic shall sit
separately.
Their sessions shall be open, with the exception of cases envisaged by
federal laws, the Constitution of the Chechen Republic, laws of the
Chechen Republic and rules of the chambers of the Parliament of the
Chechen Republic.
3. The Parliament of the Chechen Republic shall be called to its first
session by the Election Commission of the Chechen Republic not later
than 15 days after its election.
4. The first session of each chamber of the Parliament of the Chechen
Republic shall be opened by the oldest deputy and conducted by him
(her) until the election of the Chairman of the respective chamber of
the Parliament.
5. From the day of the beginning of work of the newly elected
Parliament of the Chechen Republic (newly elected chamber of the
Parliament), the authorities of the Parliament of the Chechen Republic
(respective chamber of the Parliament) of the previous convocation
shall be terminated.
6. The chambers of the Parliament of the Chechen Republic shall have
the rights of a legal person, an official seal and shall independently
resolve organizational, legal, information, material and technical
supply and financial questions relating to support of their activities.
7. Expenses on the support of the activities of the chambers of the
Parliament of the Chechen Republic shall be approved by the Parliament
of the Chechen Republic and included in the budget of the Chechen
Republic as a separate item.
Article 83
1. The Parliament of the Chechen Republic:
a) makes proposals for introduction of amendments into the Constitution
of the Chechen Republic to the Constitutional Assembly of the Chechen
Republic;
b) carries out legal regulation of matters under the jurisdiction of
the Chechen Republic and joint jurisdiction of the Russian Federation
and the Chechen Republic within the authorities of the Chechen
Republic;
c) forms the Accounting Chamber of the Chechen Republic, whose
composition and procedures are determined by laws of the Republic, to
exercise control over the execution of the budget of the Chechen
Republic;
d) exercises the right of a legislative initiative to introduce draft
laws to the State Duma of the Federal Assembly of the Russian
Federation;
e) elects, in accordance with federal law, for the term of its
authority, a representative of the legislative (representative) body of
the state authority of the Chechen Republic in the Council of the
Federation of the Federal Assembly of the Russian Federation;
f) exercises other powers in accordance with the Constitution of the
Russian Federation and the federal law on the general principles of the
organization of legislative (representative) and executive bodies of
state authority of subjects of the Russian Federation, the Constitution
of the Chechen Republic and laws of the Republic.
2. The Council of the Republic:
a) appoints and dismisses the Chairman of the National Bank of the
Chechen Republic from his post;
b) upon a submission from the President of the Chechen Republic,
appoints judges, the chairman and deputy chairmen of the Constitutional
Court of the Chechen Republic and justices of the peace of the Chechen
Republic;
c) appoints and dismisses deputy chairman of the Accounting Chamber of
the Chechen Republic and half of its member auditors;
d) appoints and dismisses one-fourth of the members of the Election
Commission of the Chechen Republic;
e) agrees the candidature for the post of the Prosecutor of the Chechen
Republic;
f) schedules referendums of the Chechen Republic in the cases envisaged
by law of the Chechen Republic;
g) fixes the date of election to the Parliament of the Chechen
Republic, as well as the date of election of the President of the
Chechen Republic.
3. The People's Assembly:
a) gives its consent to the President of the Chechen Republic for the
appointment of the Chairman of the Government of the Chechen Republic,
his deputies and ministers responsible for the areas of finance,
economy, industry and agriculture;
b) appoints and dismisses the chairman of the Accounting Chamber of the
Chechen Republic and half of its member auditors;
c) appoints and dismisses one-fourth of the members of the Election
Commission of the Chechen Republic;
d) appoints and dismisses the Human Rights Commissioner of the Chechen
Republic.
Article 84
The law of the Chechen Republic:
a) approves the budget of the Chechen Republic and the report on its
execution submitted by the President of the Chechen Republic;
b) establishes, in accordance with the Constitution of the Chechen
Republic, the bases of the organization and activities of the chambers
of the Parliament of the Chechen Republic;
c) establishes the procedure for the elections to the bodies of local
self-government in the territory of the Chechen Republic, establishes
the procedure for their activities;
d) approves social and economic development programs of the Chechen
Republic submitted by the President of the Chechen Republic;
e) establishes taxes and duties whose establishment falls under the
jurisdiction of the Chechen Republic in accordance with federal law, as
well as the procedure for their collection;
f) approves the budget of the state territorial extra-budgetary fund of
the Chechen Republic and the report on its execution;
g) establishes the procedure for management and disposal of the
property of the Chechen Republic, including shares (stocks) of the
Chechen Republic in the charter capital of companies, partnerships and
enterprises of other legal forms of business organization;
h) approves the conclusion and denouncement of the agreements of the
Chechen Republic;
i) establishes the procedure for scheduling and holding referendums of
the Chechen Republic;
j) establishes the procedure for the elections to the chambers of the
Parliament of the Chechen Republic, as well as the procedures for the
election of the President of the Chechen Republic;
k) establishes the administrative and territorial structure of the
Chechen Republic and the procedure for changing it;
l) establishes the system of bodies of the executive authority of the
Chechen Republic and the procedure for the formation of the structure
of such bodies;
m) approves agreements on changes of the border of the Chechen
Republic;
n) establishes the status, powers, procedures for the appointment and
dismissal and the procedures for the activities of the Human Rights
Commissioner of the Chechen Republic;
o) regulates other matters that fall under the jurisdiction of the
Chechen Republic in accordance with the Constitution of the Russian
Federation, federal laws, the Constitution of the Chechen Republic and
the laws of the Republic.
Article 85
The President of the Chechen Republic shall have the right to issue
edicts to make up for deficiency of law regulating issues that require
legislative solution, provided that such edicts do not contradict the
Constitution of the Russian Federation and federal and republic law,
while their application continues only until the adoption of
appropriate legislative acts.
Article 86
The chambers of the Parliament of the Chechen Republic shall pass
resolutions on matters that fall under their jurisdiction in accordance
with the Constitution of the Russian Federation, federal law, the
Constitution of the Chechen Republic and laws of the Republic.
Article 87
To the extent and in the forms established by the Constitution of the
Chechen Republic, the chambers of the Parliament of the Chechen
Republic:
a) ensure, together with other authorized bodies, control over the
observation and execution of laws of the Chechen Republic, execution of
the budget of the Chechen Republic and observation of the established
procedure for the disposal of property of the Chechen Republic;
b) exercises other powers in accordance with federal laws and laws of
the Chechen Republic.
Article 88
1. The right of a legislative initiative in the People's Assembly
is vested in the President of the Chechen Republic, the Government of
the Chechen Republic, the Council of the Republic, deputies of the
Council of the Republic and the People's Assembly and
representative local self-government bodies.
The right of a legislative initiative is also vested in the
Constitutional Court of the Chechen Republic, the Supreme Court of the
Chechen Republic, the Arbitration Court of the Chechen Republic, the
Prosecutor of the Chechen Republic and the Election Commission of the
Chechen Republic in respect of matters under their jurisdiction.
2. Draft laws are submitted to the People's Assembly.
Draft laws submitted to the People's Assembly by the President of
the Chechen Republic shall be considered on his motion in the first
order of priority.
3. Draft laws on the introduction or abolition of taxes, exemption from
taxation, changes in the financial obligations of the Chechen Republic
and other draft laws on expenses covered from the budget of the Chechen
Republic shall be considered by the People's Assembly on a motion
of the President of the Chechen Republic or if there is an opinion of
the said person. Such opinion shall be submitted to the People's
Assembly within a month.
Article 89
1. Proposals to introduce amendments into the Constitution of the
Chechen Republic shall be passed by a majority of no less than two
thirds of votes of the established number of deputies of each of the
chambers of the Parliament of the Chechen Republic.
2. The laws of the Chechen Republic shall be passed by a majority of
votes of the established number of deputies of each of the chambers of
the Parliament of the Chechen Republic, unless otherwise is provided
for by this Constitution.
3. Resolutions of the chambers of the Parliament of the Chechen
Republic shall be passed by a majority of votes of the elected deputies
of each of the chambers of the Parliament, unless otherwise is provided
for by this Constitution.
4. A draft law of the Chechen Republic shall be considered by the
People's Assembly in no less than two readings (with the exception
of draft laws on the approval (of the conclusion or denouncement) of
agreements of the Chechen Republic). Decisions on the adoption or
rejection of laws shall be formalized by a resolution of the
People's Assembly.
Article 90
1. The laws of the Chechen Republic passed by the People's Assembly
shall be submitted within five days for consideration to the Council of
the Republic, which must consider them within fourteen days. The laws
of the Chechen Republic, which has not been considered within such
period of time, shall be regarded as approved by the Council of the
Republic.
2. The laws of the Chechen Republic on matters specified in items
"a", "e", "f", "g",
"h", "i" and "m" of Article 84 of this
Constitution, which are passed by the People's Assembly, shall be
subject to obligatory consideration in the Council of the Republic.
3. The rejected law shall be considered once again by the People's
Assembly. In the event of the People's Assembly's disagreement
with the decision of the Council of the Republic, the law shall be
regarded as adopted if no less that two thirds of the established
number of deputies of the People's Assembly voted in favour of it
during the second voting.
4. The adopted law shall be submitted to the President of the Chechen
Republic within five days for signing and publication.
The President of the Chechen Republic must publish the said law within
fourteen calendar days from its submission, confirming the publication
of the law by its signing, or reject it within the same period of time.
In the event of the rejection of the law of the Chechen Republic by the
President of the Chechen Republic, the law in its adopted version may
be approved by a majority of no less than two thirds of the established
number of deputies of each of the chambers of the Parliament of the
Chechen Republic.
5. The law of the Chechen Republic approved in its previously adopted
version must not be rejected again by the President of the Chechen
Republic and must be signed and published within fourteen calendar days
from the submission of that law.
6. The Constitution of the Chechen Republic and laws of the Chechen
Republic, as well as resolutions of the chambers of the Parliament of
the Chechen Republic which are of a regulatory nature, shall come into
effect from the date of their official publication. Laws and other
regulatory and legal acts of the Chechen Republic which relate to human
and citizens' rights and liberties shall come into effect no sooner
than in ten days from their official publication.
The procedure for the official publication of the laws and other
regulatory acts of the Chechen Republic shall be established by a law
of the Chechen Republic.
7. The Constitution of the Russian Federation, federal laws, the
Constitution and laws of the Chechen Republic must be protected by the
state in the territory of the Chechen Republic.
Article 91
1. The authorities of the Parliament of the Chechen Republic may be
terminated early in the following cases:
a) adoption by that body of a decision on self-dissolution, in such
case the self-dissolution decision shall be made by no less than two
thirds of votes of the established number of deputies of each of the
chambers of the parliament of the Chechen Republic;
b) dissolution of the said body by the President of the Chechen
Republic on the grounds envisaged by this Constitution;
c) coming into force of a decision of the Supreme Court of the Chechen
Republic on legal incompetence of the given composition of deputies of
the Parliament of the Chechen Republic, including in connection with
their resignation;
d) coming into force of a federal law on the dissolution of the said
body.
2. The authorities of a chamber of the Parliament of the Chechen
Republic may be terminated early in the event of the coming into force
of a decision of the Supreme Court of the Chechen Republic on legal
incompetence of the given composition of the chamber of the Parliament
of the Chechen Republic, including in connection with their
resignation.
3. In the event of an early termination of the authorities of the
Parliament of the Chechen Republic (chamber of the Parliament), the
President of the Chechen Republic shall call extraordinary elections to
the Parliament of the Chechen Republic (chamber of the Parliament).
Such elections shall be scheduled and held at the time established by
federal law.
CHAPTER 6
BODIES OF THE EXECUTIVE AUTHORITY OF THE CHECHEN REPUBLIC
Article 92
1. The Government of the Chechen Republic is a permanent executive body
of state authority of the Chechen Republic.
2. The Government of the Chechen Republic consists of the Chairman of
the Government of the Chechen Republic, his deputies and ministers.
3. The Government of the Chechen Republic ensures the execution of the
Constitution of the Russian Federation, federal laws and other
regulatory acts of the Russian Federation, the Constitution of the
Chechen Republic and laws and other regulatory acts of the Republic in
its territory.
4. The Government of the Chechen Republic has the rights of a legal
person and has an official seal.
5. The Government of the Chechen Republic and the executive bodies of
the Chechen Republic under it are financed from the budgetary funds of
the Chechen Republic specified in separate items.
Article 93
1. The Government of the Chechen Republic works out and implements
measures aimed at ensuring comprehensive social and economic
development of the Chechen Republic, participates in the implementation
of the uniform state policy in the areas of finance, science,
education, health care, social insurance and environmental protection.
2. The Government of the Chechen Republic:
a) ensures, within the limits of its jurisdiction, measures aimed at
the implementation, ensuring and protection of human and citizens'
rights, protection of property and public order, and prevention of
crime;
b) Develops the draft budget of the Chechen Republic for the
presentation to the People's Assembly by the President of the
Chechen Republic, as well as draft programs of social and economic
development of the Chechen Republic;
c) ensures the execution of the budget of the Chechen Republic and
prepares the report on the execution of the said budget and reports on
the implementation of the programs of social and economic development
of the Chechen Republic for the presentation the People's Assembly
of the Chechen Republic by the President of the Chechen Republic;
d) forms other bodies of executive authority of the Chechen Republic;
e) manages and disposes of the property of the Chechen Republic in
accordance with laws of the Chechen Republic, as well as the federal
property placed under management of the Chechen Republic in accordance
with federal laws and other regulatory legal acts of the Russian
Federation;
f) has the right to ask a local self-government body, an elected or any
other official in the local self-government to bring regulatory acts
issued by them in accordance with legislation of the Russian Federation
in cases when such acts contradict the Constitution of the Russian
Federation, federal laws and other regulatory legal acts of the Russian
Federation, the Constitution of the Chechen Republic, laws and other
regulatory legal acts of the Republic, and also has the right to go to
law;
g) concludes, in accordance with federal law, with federal bodies of
executive authority agreements on the division of matters under their
jurisdiction and their powers, as well as agreements on the mutual
transfer of some of their powers to each other;
h) exercises other powers established by federal laws, the Constitution
of the Chechen Republic and agreements with the federal bodies of
executive authority provided for by Article 78 of the Constitution of
the Russian Federation.
Article 94
1. Acts of the Government of the Chechen Republic (resolutions and
directives) issued within the limits of its jurisdiction are binding in
the Chechen Republic.
2. Acts of the Government of the Chechen Republic must not contradict
the Constitution of the Russian Federation and federal laws applying to
the matters under the jurisdiction of the Russian Federation and joint
jurisdiction of the Russian Federation and the Chechen Republic,
resolutions of the Government of the Russian Federation, the
Constitution of the Chechen Republic, laws of the Republic and acts of
the President of the Chechen Republic.
Article 95
The Government of the Chechen Republic shall submit a resignation to
the newly-elected president of the Chechen Republic, resigns in the
event of a vote of non-confidence given to the President of the Chechen
Republic by the Parliament of the Chechen Republic or removal of the
President of the Chechen Republic from his post by a decision of the
President of the Russian Federation.
In the event of resignation (submission of resignation) of the
Government of the Chechen Republic envisaged by this Constitution, it
shall continue to work until the formation of the new Government of the
Chechen Republic.
CHAPTER 7 JUDICIAL AUTHORITY, PROSECUTOR'S OFFICE, LEGAL ADVOCACY AND NOTARIES
Article 96
1. Justice in the Chechen Republic may only be administered by a court.
Establishment of extraordinary courts and courts that are not envisaged
by the federal constitutional law shall be prohibited.
2. Judicial authority is exercised by way of constitutional, civil,
administrative and criminal court proceedings
3. In the territory of the Chechen Republic there shall act the
Constitutional Court of the Chechen Republic, justices of the peace and
federal courts: the Supreme Court of the Chechen Republic, the
Arbitration Court of the Chechen Republic and district and specialized
courts.
4. No other body, official or any other person shall have the right to
assume functions of the judicial authority.
Article 97
1. Judges shall be persons who, in accordance with the Constitution of
the Russian Federation and law, are vested with authority to administer
justice and who fulfil their duties on a professional basis.
2. All the courts shall have the same status established by the federal
constitutional law and federal law. Peculiarities of the legal status
of particular categories of judges shall be determined by federal laws
and, in cases envisaged in them, by laws of the Chechen Republic.
3. The Republic laws may establish additional requirements to judges of
the Constitutional Court of the Chechen Republic and justices of the
Chechen Republic.
Article 98
1. Judges are independent and answer only to the Constitution of the
Russian Federation and federal law; they are also guided by the
Constitution of the Chechen Republic and laws of the Republic.
2. Judges may not be dismissed, they shall be appointed in accordance
with the procedure established by federal law, while justices of the
peace shall be appointed (elected) in accordance with the procedure
established by a law of the Chechen Republic. The authorities of a
judge may only be terminated or suspended in accordance with the
procedure and on the grounds set forth in federal law.
3. Judges have immunity, judge may not be prosecuted for crimes in a
procedure other than that defined in federal law.
Article 99
1. Consideration of cases in courts shall be open. Hearings of cases in
closed sessions may be permitted only in the cases envisaged by federal
law. Court proceedings shall be adversary and conducted on the basis of
the equality of the parties.
2. Court proceedings in the Chechen Republic shall be conducted in the
Russian language. Participants in the trial who do not speak the
language of court proceedings hall have the right to study case papers
and participate in the court proceedings together with an interpreter,
and the right to speak in court in their native languages.
Article 100
1. The Constitutional Court of the Chechen Republic shall be
established to consider the conformity of the laws of the Chechen
Republic, legal acts of the Parliament of the Chechen Republic, the
President of the Chechen Republic, the Government of the Chechen
Republic, other bodies of the executive authority of the Chechen
Republic and local self-government bodies of the Chechen Republic to
the Constitution of the Chechen Republic.
2. The Constitutional Court of the Chechen Republic:
a) shall resolve disputes concerning competence between bodies of state
authority of the Chechen Republic and between bodies of state authority
of the Chechen Republic and local self-government bodies of the Chechen
Republic;
b) shall give a conclusion on compliance of an issue submitted to a
referendum in the Chechen Republic to the Constitution of the Chechen
Republic;
c) shall give interpretations of the Constitution of the Chechen
Republic upon requests from the President of the Chechen Republic and
the chambers of the Parliament of the Chechen Republic.
3. The Constitutional Court of the Chechen Republic shall be financed
from the budget of the Republic.
4. The Constitutional Court of the Chechen Republic shall consider the
matters that fall within its jurisdiction in accordance with the
procedure established by a law of the Chechen Republic.
5. The decision of the Constitutional Court of the Chechen Republic
made within the limits of its competence may not be revised by any
other court.
6. The procedure for vesting the chairman, deputy chairmen and judges
of the Constitutional Court of the Chechen Republic with authority
shall be determined by federal laws and law of the Chechen Republic.
Article 101
1. Justices of the peace are judges of general jurisdiction of the
Chechen Republic and are included in the uniform system of justice of
the Russian Federation. The authorities, the procedures for the
activities of the justices of the peace and the procedures for the
establishment of justice of the peace posts shall be established by
federal laws, while the procedure for their activities shall also be
established by laws of the Chechen Republic.
2. Justices of the peace shall consider civil, administrative and
criminal cases within their jurisdiction as courts of primary
jurisdiction.
3. Judges' districts and posts shall be created and eliminated by
laws of the Chechen Republic.
Article 102
The authorities of and procedures for the establishment and activities
of federal courts in the territory of the Chechen Republic shall be
established by the Constitution of the Russian Federation, the federal
constitutional law and other federal laws.
Article 103
1. Prosecutor's office of the Chechen Republic shall be part of the
unified centralized system of the Russian Federation with inferior
prosecutors' offices subordinate to superior prosecutors'
offices and the Prosecutor General of the Russian Federation.
2. The authorities, organization and procedure for the activities of
the prosecutors' offices shall be defined by federal law.
Article 104
1. The Prosecutor of the Chechen Republic shall be appointed by the
Prosecutor General of the Russian Federation by agreement with the
President of the Chechen Republic and the Council of the Republic and
shall be dismissed by the Prosecutor General of the Russian Federation.
Other prosecutors of the Chechen Republic shall be appointed and
dismissed by the Prosecutor General of the Russian Federation.
2. The Prosecutor of the Chechen Republic, district and city
prosecutors shall exercise their powers independently of any bodies of
state authority of the Chechen Republic and local self-government
bodies and their officials.
Article 105
The Bar in the Chechen Republic shall be an independent professional
organization of people engaged in legal advocacy. The organization and
the procedure for the activities of the legal profession shall be
regulated by federal law and law of the Chechen Republic.
Article 106
Notaries in the Chechen Republic must in accordance with the
Constitution of the Russian Federation and the Constitution of the
Chechen Republic the protection of rights and lawful interests of
citizens and legal persons by way of notarial acts ensure carried out
on behalf of the Russian Federation. Organization of and the procedures
for the activities of notaries shall be determined by federal law and
law of the Chechen Republic.
CHAPTER 8 LOCAL SELF-GOVERNMENT
Article 107
1. Local self-government in the Chechen Republic shall ensure the
independent decision by the population of questions of local
significance, the possession, use and disposal of municipal property.
2. Local self-government shall be carried out by citizens by way of
referendum, elections, other direct forms of expression of will, and
through elected and other bodies of local self-government.
Article 108
1. Local self-government shall be carried out in urban and rural
settlements and in other territories, with account taken of historical
and other local traditions. The structure of the local self-government
bodies shall be determined independently by the population in
accordance with law.
2. Changes in the borders of the territories in which local
self-government is carried out shall be permitted with account taken of
the opinion of the population of the territories concerned.
Article 109
1. The procedure for the formation of local self-government bodies of
the Chechen Republic and organization of their activities shall be
determined by the federal law on the general principles of organization
of local self-government, laws of the Chechen Republic on local
self-government and charters of the municipal formations.
2. Peculiarities of the organization and implementation of local
self-government in the city of Grozny may be determined by laws of the
Republic.
Article 110
1. Bodies of local self-government shall independently manage municipal
property, draft, approve and execute the local budget, establish local
taxes and duties, maintain public order and address other questions of
local significance.
2. Bodies of local self-government may be vested by law of the Chechen
Republic with certain state powers, with the transfer of material and
financial resources necessary for their implementation. Implementation
of the powers transferred shall be supervised by bodies of state
authority.
Article 111
Local self-government is guaranteed by the right to judicial defence
and to compensation of additional expenses arising as a result of
decisions adopted by bodies of state authority, and by a prohibition on
the limitation of rights of local self-government established by the
Constitution of the Russian Federation and federal laws, the
Constitution of the Chechen Republic and laws of the Republic.
CHAPTER 9 CONSTITUTIONAL AMENDMENTS AND REVIEW OF THE CONSTITUTION Article 112
1. The Constitution of the Chechen Republic shall be adopted at a
referendum of the Chechen Republic.
2. Proposals to amend and review the provisions of the Constitution of
the Chechen Republic may be submitted to the Constitutional Assembly by
the President of the Chechen Republic and the Parliament of the Chechen
Republic.
The procedure for the submission of proposals to amend and (or) review
provisions of the Constitution of the Chechen Republic to the
Constitutional Assembly of the Chechen Republic, as well as the status,
the procedure for the formation and activities of the Constitutional
Assembly of the Chechen Republic shall be established by law of the
Chechen Republic.
3. The proposals to amend and review provisions of the Constitution of
the Chechen Republic which contradict the Constitution of the Russian
Federation, violate human and citizens' rights and infringe on the
republican form of government and bases of the constitutional order of
the Chechen Republic must not be accepted by the Constitutional
Assembly of the Chechen Republic for consideration and submitted to a
referendum.
4. The Constitutional Assembly of the Chechen Republic shall have the
right to adopt in accordance with the procedure established by law of
the Republic amendments to Chapters 4-7 of the Constitution of the
Chechen Republic. Such amendments shall be adopted by the
Constitutional Assembly of the Chechen Republic by a majority of not
less than two thirds of votes of the total number of its members.
5. Amendments and (or) proposals to review provisions of the
Constitution of the Chechen Republic shall be submitted to a republic
referendum if no less than two thirds of the established number of
members of the Constitutional Assembly of the Chechen Republic has
voted for their submission to a referendum.
6. In the event of a change of the name of an administrative and
territorial entity of the Chechen Republic, its new name must be
included in the Constitution of the Chechen Republic by an edict of the
President of the Chechen Republic.
SECTION TWO CONCLUDING AND TRANSITIONAL PROVISIONS
1. The Constitution of the Chechen Republic shall come into force from
the date of its official publication depending on the results of voting
at the referendum of the Chechen Republic.
No amendments may be introduced in the Constitution of the Chechen
Republic during a year after its coming into force.
2. From the day of the coming into force of the Constitution of the
Chechen Republic until the assumption of office of the president-elect,
the head of the Administration of the Chechen Republic shall perform
the duties of the President of the Chechen Republic, which are
envisaged by the Constitution of the Chechen Republic.
Until the election of the People's Assembly and then, after the
election, the President of the Chechen Republic shall appoint and
dismiss the Chairman of the Government of the Chechen Republic.
3. In the period until the adoption of appropriate laws of the Chechen
Republic by the Parliament of the Chechen Republic, the bodies of state
authority of the Chechen Republic shall be guided by federal
legislation and acts issued on their basis within the Republic's
competence by the acting President of the Chechen Republic and, after
the election, by acts of the President of the Chechen Republic.
In the period until the election of the Parliament of the Chechen
Republic and, then, after the election of the President of the Chechen
Republic, the acts of the acting President of the Chechen Republic on
matters requiring legislative regulation, including those on the
Republic's budget and its administrative and territorial structure,
shall be subject to obligatory consideration by the State Council of
the Chechen Republic. Such acts shall come into force after their
approval by the State Council of the Chechen Republic. The State
Council shall also draft and (or) consider draft laws of the Chechen
Republic for their subsequent submission to the People's Assembly
of the Chechen Republic in accordance with the established procedure.
The State Council shall include as its members heads of the
administrations of the cities of Grozny, Argun and Gudermes and
districts of the Republic, and also one representative from each of
these administrative and territorial entities elected by the citizens
living in their territories at their meetings.
The State Council shall elect, for the term until the termination of
its authority, a representative in the Council of the Federation of the
Federal Assembly of the Russian Federation.
The authorities of the State Council shall be terminated with the
beginning of work of the chambers of the Parliament of the Chechen
Republic.
4. In the period until the adoption of laws on local self-government in
the Chechen Republic and formation of local self-government bodies on
their basis, the authorities of such bodies shall be exercised by the
administrations of districts and settlements of the Chechen Republic,
formed by the acting President of the Chechen Republic and then, after
the election, by the President of the Chechen Republic.
Such administrations, on the basis of the decisions of the meetings of
citizens living in residential settlements in respective districts,
shall prepare lists of assessors in district courts located in the
territory of the Chechen Republic. The acting President of the Chechen
Republic and, after the election, the President of the Chechen Republic
shall approve the general list of assessors in district people's
courts on a submission from the State Council and, after the election
of the deputies of the Council of the Republic, on a submission from
the Council of the Republic.
5. The Election Commission of the Chechen Republic, as composed as of
the date of the referendum of the Chechen Republic on the Constitution
of the Chechen Republic, shall exercise its authorities until the
expiration of the term for which it was elected.6. This Constitution of
the Chechen Republic shall be adopted on the basis of federal laws and
acts of the President of the Russian Federation issued on their basis.
7. The election of the President of the Chechen Republic shall be held
no sooner than in six months after the adoption of this Constitution.
8. The elections of the first composition of the chambers of the
Parliament of the Chechen Republic shall be held no sooner than in
three months after the election of the President of the Chechen
Republic.
9. The elections of the President of the Chechen Republic and the first
composition of the chambers of the Parliament of the Chechen Republic
shall be held on the basis of federal laws and acts of the President of
the Russian Federation, as well as laws of the Chechen Republic adopted
by the referendum of the Chechen Republic simultaneously with voting on
the Constitution of the Chechen Republic.
Amendments in laws adopted by the referendum of the Chechen Republic
simultaneously with voting on the Constitution of the Chechen Republic
shall be introduced in accordance with the procedure envisaged for the
introduction of amendments into the laws of the Chechen Republic.
10. President of the Chechen Republic, elected for the first time in
accordance with federal laws and this Constitution, shall take office
on the tenth day from the official publication of general results of
the election of the President of the Chechen Republic by the Election
Commission of the Chechen Republic.
|