|March 12, 1992||No 108||Decree of Parliament of Chechen Republic Grozny|
On the order of coming into force of the|
Constitution of Chechen Republic
The Parliament of Chechen Republic resolves:
1. That the Constitution of Chechen Republic inures on March 12, 1992.
Chairman of the Parliament of Chechen Republic
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.
BASES OF CONSTITUTIONAL SYSTEM
Article I. 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. 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-management.
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. 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.
Article 5. The state, all its bodies and the officials are connected by the right and constitutional system.
Article 6. 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.
Article 7. The mass media are free from censorship. Executing activity in conditions of publicity they are responsible for infringement of the Constitution and laws.
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. The property in the Republic is subdivided into private and state.
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. 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.
Article 13. 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.
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. 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.
Article 16. The most important questions of state life are submitted on national discussion, as well as are put on national voting (referendum).
RIGHTS, FREEDOM AND RESPONSIBILITY OF THE CITIZENS
Article 17. Chechen Republic recognizes for each citizen the natural and integral
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. The citizen and state are connected by the mutual rights and responsibility.
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. 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.
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. There is established a uniform citizenship in Chechen Republic.
Article 25. 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. The order and the conditions of granting political sanctuary are determined by the Law.
Article 26. 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.
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. 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.
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. The citizens of Chechen Republic have the right to favorable environment.
Article 35. The citizens of Chechen Republic have the right to use achievement of culture.
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. Chechen Republic recognizes and respects the right of each person to life.
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.
Article 40. 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.
Article 41. Secret of correspondence, telephone conversations, telegraphic and other messages is guaranteed to the citizens of Chechen Republic.
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. 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.
Article 44. 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.
Article 45. 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.
Article 46. 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.
Article 47. 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.
Article 48. 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.
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. Freedom of speech, opinions, belief, their unobstructed expression and distribution is provided to the citizens of Chechen Republic.
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. The citizens of Chechen Republic have the right to the personal and collective address in state bodies and public organizations.
Article 53. The citizens of Chechen Republic have the right to be united in political parties and public organization, to participate in mass movements.
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-management. 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. 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.
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-management, 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. The state provides the fair solution of collective disputes between the workers and administration of the enterprises irrespective of the ownership form.
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.
SYSTEM OF THE STATE POWER AND MANAGEMENT
Article 61. 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.
Article 62. The Parliament of Chechen Republic is competent to accept to consideration and to decide any question.
To exclusive management of the Parliament of Chechen Republic concern:
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. The Parliament of Chechen Republic:
1. Nominates elections of the members of the Parliament and bodies of local self-management 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. The Chairman of the Parliament of Chechen Republic is elected by the Parliament among its members for the period of 5 years.
Article 67. 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.
Article 68. 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:
Article 69. The executive authority in Chechen Republic is headed by the President.
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. 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.
Article 72. In taking office the President makes an oath of the following contents:
Article 73. The President 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. 2/3 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 2/3 of votes of common number of the members of Parliament voted.
Article 75. 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.
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. The Cabinet of Ministers of Chechen Republic is an executive-managing body and is subordinated to the President of Chechen Republic.
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. 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.
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.
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-management and officials is determined by the present Constitution and laws.
BODIES OF LOCAL SELF-MANAGEMENT
Article 89. The local self-management is executed by the representative and executive authorities, as well as in the form of direct democracy. The name of bodies of local self-management is established by the legislation.
Article 90. The bodies of local self-management 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-management are main bodies of the local authority in an appropriate territory.
Article 92. Bodies of local self-management independently develop, approve, execute the budget. The means of local self-management, 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-management and their officials.
Article 94. 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.
Article 95. The judicial power will be realized by exercise of justice.
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. By virtue of competence the Constitutional Court of Chechen Republic:
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 IOI. 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. 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.
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. For consideration of economic disputes between the legal entities will be formed and acted the Arbitration Court of Chechen Republic.
The order of organization and activity of the Arbitration Court of Chechen Republic is determined by the law.
PROTECTION OF THE LAW AND LAW AND ORDER
Article 109. Legislative, executive, judicial powers, the bar and citizens participate in protection of the law and law and order in the territory of Chechen Republic.
Article 110. 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.
Article 111. 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.
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.