{ Adopted by referendum on: 27 March 2003 }
{ ICL Document Status: 27 March 2003 }
{ Official Title: "Constitution of the Chechen Republic" }
{ Status of Translation: Inofficial Translation }
{ Translated by: Luc Vocks, Post Graduate Student }
{ Editor's Note
The ICL edition of the 2003 Constitution is based on the text provided by Luc Vocks who also added the paragraph numbering and article titles. }
[Preamble]
We, the multinational people of the Chechen Republic,
being aware of its historical responsibility for the establishment of civil peace and accord in the Chechen Republic,
striving to protect the human rights and liberties as the supreme values and to consolidate the democratic base of society,
abiding by the universally recognized principles of equality of rights and the self-determination of peoples,
proceeding from the responsibility in front of the past, present, and future society and people,
testifying its historical commonality with Russia and her multinational people ,
affirming the best traditions of the peoples of the Chechen Republic and the whole of the Russian Federation,
honoring the memory of the ancestors who have passed on to us the love and respect for the fatherland,
faith in good and justice,
hereby promulgate and adopt the Constitution of the Chechen Republic.
Article 1 (Chechen republic, R.F. 1)(1) The Chechen Republic (Nokhchiin Republic) is a democratic, social law-governed state with a Republican form of government. The sovereignty of the Chechen Republic is expressed in the possession of the full authority (legislative, executive and judicial) outside of the jurisdiction of the Russian Federation and outside the authority over objects of shared jurisdiction between the Russian Federation and the Chechen Republic, and is to be an inalienable part of the Chechen Republic.
(2) The territory of the Chechen Republic is one and indivisible and forms an inalienable part of the territory of the Russian Federation.
Article 2 (The Multinational People, R.F. 3)(1) The only source of power in the Chechen Republic within the scope of its jurisdiction is to be its multinational people.
(2) The people exercise their power directly, as well as through bodies of state power and local self-government.
(3) The supreme direct expression of the authority of the people is the referendum and free elections.
(4) Establishment of authoritarian rule or conquest of power is intolerable and will be prosecuted through to the law.
Article 3 (Protection of Human Rights, R.F. 2, 7)(1) The individual, his/ her rights and liberties are to be the supreme values. The Chechen Republic confirms the particular political and legal significance of the rights and liberties of individuals and citizens enclosed in the Constitution of the Chechen Republic as well as in the Constitution of the Russian Federation, for regulating rights and liberties of individuals and citizens.
(2) The creation of conditions which will guarantee every individual a worthy life and unhindered development, civil peace and harmony in society, the preservation and defense of historical and cultural heritage of peoples and their national distinctiveness are the highest goals of the Chechen Republic.
Article 4 (Separation of Powers, R.F. 10)(1) State Power in the Chechen Republic is exercised on the basis of a division between the legislative, executive and judicial branches. The bodies of the legislative, executive and judicial powers are independent.
(2) The system of state power in the Chechen Republic is established on the basis of the present Constitution in accordance with the fundamentals of the constitutional system of the Russian Federation, general principles for organizing the legislative (representative) and executive bodies of government power and established federal laws.
Article 5 (State Power, R.F. 11)(1) State power 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, the courts of the Chechen Republic, as well as other bodies of state power in the Chechen Republic that come into being in accordance with the present 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 power of the Chechen Republic as well as courts of the Chechen Republic will act in accordance with established federal law, the present Constitution and laws of the Chechen Republic formed with the purpose of effective governing the processes of economical and social development of the Chechen Republic and formed in the interests of its population.
Article 6 (Supreme Law, R.F. 15)(1) The Constitution and laws of the Chechen Republic have directeffect over objects under the authority of the Chechen Republic throughout the entire territory of the Republic and have the highest judicial power. In case of contradiction between the federal law and regulatory legal acts of the Chechen Republic over objects of authority of the Chechen Republic, the regulatory acts of the Chechen Republic have direct effect. Over objects exclusively under the authority of the Russian Federation, and also objects under the combined authority of the Russian Federation and the Chechen Republic, federal constitutional laws and federal laws have direct effect over all of the territory of the Chechen Republic. In case of contradiction between federal laws and regulatory legal acts of the Chechen Republic the federal laws have effect.
(2) Laws and other regulatory legal acts, set about in accordance with the competencies of the Chechen Republic, may not contradict federal laws and the Constitution of the Russian Federation.
(3) Disputes about the competencies between bodies of state power of the Chechen Republic and bodies of state power of the Russian Federation, but also between bodies of state power of the Chechen Republic have to be resolved in accordance with conciliation procedures provided for in the Constitution of the Russian Federation, the present Constitution, laws or by the judicial order.
(4) Laws have to be officially published. Non-published laws are not applicable. Other regulatory legal acts that touch upon the rights, liberties and obligations of individuals and citizens cannot be applied if they have not been officially published for general knowledge.
(5) Bodies of state power of the Chechen Republic, bodies of the local self-government, enterprises, institutions, organizations, officeholders, citizens and their organizations, as well as foreign citizens and persons without citizenship are obliged to observe the Constitution of the Russian Federation and federal laws, the Constitution of the Chechen Republic, laws and further regulatory legal acts of the Republic.
Article 7 (Local Self Government, R.F. 12)In the Chechen Republic there is acknowledged and guaranteed local self-government. Local self-government is to be independent within the bounds of its authority. Bodies of local self-government are not part of the system of bodies of state power.
Article 8 (Political Plurality, R.F. 13)(1) In the Chechen Republic ideological and political diversity and a multi-party system is recognized.
(2) No ideology is allowed to infringe on the quality of government or its tasks.
(3) Parties, organizations, both public and otherwise, are equal under the law.
(4) It is forbidden to create and operate public associating whose aims or actions are directed at forcibly changing the foundations of the constitutional order and which violate the territorial integrity of the Chechen Republic and the Russian Federation, fomenting of social, racial, ethnic or religious enmity, as well as formation on the territory of the Chechen Republic of any armed or paramilitaryunits which are not provided for by the Constitution of the Russian Federation and federal laws.
Article 9 (Economic Guarantees/ Natural Resources, R.F. 8, 9)(1) The Chechen Republic is committed to the same form of defense of governmental, municipality, sectional and other forms of property.
(2) Land and other natural resources are used and safeguarded in the Chechen Republic as the basis of life and activity of the peoples, presiding on the territory of the Chechen Republic.
(3) Legal regulatory questions of ownership, usage and disposal of land and other natural resources is realized through the legislation of the Chechen Republic within the boundaries and in the order established in the Constitution of the Russian Federation and federal laws.
Article 10 (State Language, R.F. 68)(1) The official languages for governmental usage are the Chechen and the Russian languages.
(2) The language of inter-ethnic intercourse and official document flow in the Chechen Republic is the Russian language.
(3) The status of official languages is established through Federal and Republican laws.
Article 11 (Secularity of the State, R.F. 14)(1) The Chechen Republic is a secular state. No religion is allowed to determine matters of government or its obligations.
(2) Religious organizations are separate from government and equal under the law.
Article 12Every citizen of the Russian Federation, either residing or present on the territory of the Chechen Republic, possesses all the rights and liberties and carries equal obligations as foreseen in the Constitution of the Russian Federation, federal laws, the Constitution of the Chechen Republic and laws of the Republic.
Article 13 (Constitutional System, R.F. 16)(1) The provisions of the present chapter of the Constitution of the Chechen Republic form the foundation of the constitutional order of the Republic. No other provisions in the present Constitution are allowed to contradict the basis of the constitutional order of the Chechen Republic.
(2) To take into account the special political and legal significance of the Constitution of the Russian Federation, when dealing with questions of jurisdiction of the Russian Federation and shared jurisdiction between the Russian Federation and subjects of the Russian Federation, such sections are included in the Constitution of the Chechen Republic.
Article 14 (Basic Rights and Liberties, R.F. 17)(1) The Chechen Republic acknowledges and guarantees the rights and liberties of individuals and citizens in accordance with theConstitution of the Russian Federation, the Constitution of the Chechen Republic and in harmony with generally accepted principles and norms of international law.
The defense of rights and liberties of individuals and citizens is the responsibility of the Chechen Republic, its governmental bodies and its officials.
(2) Basic rights and liberties of human beings are inalienable and they belong to everyone at birth.
(3) The exercising of rights and liberties of individuals and citizens may not violate the rights and liberties of other persons.
Article 15 (Direct Effect, R.F. 18)The rights and liberties of individuals and citizens have direct effect. They determine the meaning, content and application of laws, the activities of the legislative and executive branches as well as the local self-government and they are secured by the judiciary.
Article 16 (Equality, R.F. 19)(1) All are equal before the law and in the courts of law.
(2) The Chechen Republic guarantees equality of rights and liberties of individuals and citizens regardless of sex, race, nationality, language, origin, property or position, place of residence, religious affiliation, convictions, membership of public organizations, and any other circumstance. It forbids other forms of discrimination of citizens on the basis of indicators of social, racial, national, language and religious affiliation.
(3) Man and woman have equal rights and liberties and the same opportunities for their realization.
Article 17 (Life, R.F. 20)Everyone has the right to life. No-one is allowed to arbitrarily take away life.
Article 18 (Human Dignity, R.F. 21)(1) The dignity of persons is safeguarded by the state. Nothing may be the basis for its belittling.
(2) No-one may be subjected to torture, violence, and other cruelties or humiliation of human dignity and punishment. No-one may be subjected involuntary to medical, scientific or other experiments.
Article 19 (Personal Freedom, R.F. 22)(1) Everyone has the right to freedom and personal inviolability. No-one is allowed to be kept in slavery.
(2) Arrest, detention and keeping in custody are only allowed with judicial approval.
Article 20 (Privacy, R.F. 23)(1) Everyone has the right to the inviolability of private life, to personal and family secrets and to the defense of one's honor and good name.
(2) Everyone has the right to privacy of correspondence, telephone conversations, mail, cables and other communications. Violation of these rights is only allowed on the basis of judicial approval.
Article 21 (Data Protection, R.F. 24)(1) Collection, storage, utilization and dissemination of information about the private life of individuals is not allowed without their prior consent.
(2) Bodies of state power, bodies of local self-government and their officials are obliged to ensure to all the possibility to familiarize with documents and materials, immediately effecting his/ her rights and liberties, if not provided for differently under the law.
Article 22 (Home, R.F. 25)The home is inviolable. No-one has the right to enter the home against the will of the persons residing in it except in cases stipulated by federal law, or on the basis of judicial approval.
Article 23 (National Identity, Native Language, R.F. 26)(1) Everyone has the right to determine and indicate his/ her national affiliation. No-one shall be coerced in defining his/ her national affiliation.
(2) Everyone has the right to use his/ her own language, to freely chose the language of communication, education, training and creative works.
Article 24 (Residence, R.F. 27)Everyone who is lawfully staying on the territory of the Chechen Republic has the right to freedom of movement and to freely choose the place to stay and reside.
Article 25 (Belief, Religion, R.F. 28)Everyone is guaranteed the right to freedom of conscience and freedom of religion, including the right to profess, individually or together with others, any religion or to profess no religion, to freely choose to be religious or of other conviction.
Article 26 (Expression, R.F. 29)(1) Everyone has the right to freedom of thought and speech.
(2) Propaganda or agitation, inciting social, racial, national or religious hatred and strife is impermissible.
Propaganda regarding social, racial, national, religious or linguistic superiority, violence or pornography is forbidden.
(3) No-one may be coerced into expressing one's views and convictions or into renouncing them.
(4) Everyone has the right to search, obtain, hand over, produce and disseminate information using different lawful means.
(5) Freedom of information is guaranteed. Censorship is prohibited.
Article 27 (Association, R.F. 30)(1) Everyone has the right of association, including the right to establish professional associations for the defense of their interests. The freedom of activity of public associations is guaranteed.
(2) No-one may be coerced into joining any organization or be forced to remain in them.
Article 28 (Assembly, Demonstration, R.F. 31)Citizens have the right to gather peacefully, without weapons, and to hold meetings, rallies, demonstrations, marches and pickets.
Article 29 (Participation, R.F. 32)(1) Citizens of the Russian Federation, residing on the territory of the Chechen Republic (citizens of the Chechen Republic), have the right to participate in the administration of the affairs of the Chechen Republic both directly and through their representatives.
(2) Citizens of the Chechen Republic have the right to elect and to be elected to bodies of state governance and to organs of local self-government, as well as to take part in in referenda.
(3) Citizens of the Chechen Republic do not have the right to elect of be elected when a recognized court determines incompetence, and also when the person is being held on a verdict of the court.
(4) Citizens of the Chechen Republic have equal access to governmental and municipal services.
(5) Citizens of the Chechen Republic have the right to participate in the administration of justice.
Article 30 (Petitions, R.F. 33)Citizens of the Chechen Republic have the right to turn personally to, as well as send individual or collective petitions to state bodies and bodies of local self-government.
Article 31 (Property Rights, R.F. 34)(1) Everyone has the right to freely use his/ her abilities and property for entrepreneurial and other activities not prohibited by the law.
(2) Economical activities aimed at monopolization or unfair competition are not allowed.
Article 32 (Private Property, R.F. 35)(1) The right of private property is guaranteed under the law.
(2) Everyone owning property has the right to exercise the ownership, usage and disposition of them either united in one person or jointly with other persons.
(3) No one may be deprived of his property otherwise than by a court decision. Compulsory alienation of property for state needs is only allowed on the condition of the preliminary payment of full compensation.
(4) The right of heritage is guaranteed.
Article 33 (Land Ownership, R.F. 36)(1) Citizens and their associations have the right to own land.
(2) The ownership, usage and disposition of land and other natural resources is to be realized freely if it does not inflict damage on the surrounding environment and does not violate the law and legal interests of other people.
(3) The terms and procedures for the use of land are determined on the basis of federal laws.
Article 34 (Work , R.F. 37)(1) There is freedom of labor. Everyone has the right to earn forthemselves a living, has the freedom to use their skills, and to freely choose the nature of his/ her activities and professions.
(2) Forced labor is prohibited.
(3) Everyone has the right to work under conditions meeting safety and hygiene requirements, to be compensated for work fairly without discrimination, and not below the standards set by federal law for minimal compensation for paid labor, as well as the right to protection against unemployment.
(4) The right is acknowledged for individual and collective labor disputes to be resolved using established federal law.
(5) Everyone has the right to rest. People working under contract are guaranteed under federal law the duration of work time, days off and holidays, as well as and paid annual vacation.
Article 35 (Children, Family, R.F. 38)(1) Motherhood, childhood, and family fall under the protection of the state.
(2) Care for children and their upbringing is equally the right and obligation of the parents.
(3) Children, able to work, who have reached the age of 18 years, are obliged to take care of their parents.
(4) Recognized traditions and customs of the peoples of the Chechen Republic, respect for elders, women, people of different religious convictions, hospitality, mercy & charity, are protected through the Constitution and laws of the Chechen Republic.
Article 36 (Social Security, R.F. 39)(1) Every citizen of the Chechen Republic is guaranteed social security at old age, in case of disease, disability, loss of bread winner, for upbringing of children and in other cases established by law.
(2) State pensions and social benefits are determined in accordance with federal laws and the laws of the Chechen Republic.
(3) Arrangement of voluntary social insurance and the creation of additional forms of social security and charity is encouraged.
Article 37 (Housing, R.F. 40)(1) Everyone has the right to housing. No-one may be arbitrarily deprived of housing.
(2) Bodies of state power and bodies of local self-government will encourage housing construction and will create the conditions for realization of the right to housing.
(3) Low income citizens of the Chechen Republic, further indicated in the law on Chechen citizens, who are in need of housing, will be provided free of charge or for a reasonable price by the government, the municipality or other housing funds in accordance with norms established under the law.
Article 38 (Healthcare, R.F. 41)(1) Everyone has the right to healthcare and medical assistance. Medical assistance in governmental and municipality health care institutions will be free of charge for citizens on account of funds from the relevant budgets, insurance payments or other available means.
(2) The Chechen Republic finances programs for increasing safety and strengthening the health of the population to begin with measures to develop governmental, municipal partial systems of public healthcare. It encourages activities to solidify the health of people, to develop physical cultures and sports, as well as to protect ecological and sanitary-epidemiological welfare.
(3) Concealment of personal facts and circumstances, which create a threat to the life and health of other people, falls under the responsibility of the individual in accordance with federal law.
Article 39 (Environment, R.F. 42)Everyone has the right to favorable environmental surroundings, reliable information about its condition and to compensation for damage caused to his/ her health or property through ecological violations of the law.
Article 40 (Education, R.F. 43)(1) Every citizen has the right to education.
(2) The accessibility and gratuity of pre-school, basic general and secondary vocational education at state or municipal educational institutions is guaranteed.
(3) Everyone has the right to compete for free receiving of the highest education at state and municipal educational institutions.
(4) Basic general education is obligatory. Parents or people substituting for them are responsible for ensuring that their kids receive general education.
(5) The Chechen Republic, within the limits of Republican competence, decides on questions of regional education.
Article 41 (Arts, Sciences and Culture, R.F. 44)(1) Everyone is guaranteed the freedom of literary, artistic, scientific, intellectual and other forms of creative activity and instruction. Intellectual property is protected under the law.
(2) Everyone has the right to participation in cultural life and enjoyment of cultural achievements, and to access to cultural treasures.
(3) Everyone has the responsibility to care for the historical and cultural heritage and for the conservation of historical and cultural monuments.
Article 42 (State Protection, R.F. 45)Everyone is entitled to defend his/ her rights and liberties by any means not prohibited by the law.
Article 43 (Legal Protection, R.F. 46)(1) Everyone is guaranteed judicial protection of his rights and liberties in a court of law.
(2) The decisions and actions (or inaction) of state organs, bodies of local self-government, public associations and officials may be appealed in a court of law.
Article 44 (Access to the Courts, R.F. 47)(1) No-one may be denied the right to have his/ her case be heard in court and before judges under whose jurisdiction the given casefalls under the law.
(2) Anyone accused of perpetrating a crime has the right to have his/ her case be heard in a court of law with participation of a jury of the people's representatives in cases as foreseen by federal law.
Article 45 (Counsel, R.F. 48)(1) Everyone is guaranteed the right to receive qualified legal counsel. In certain cases, as foreseen under the law, legal counsel will be provided free of charge.
(2) In every case of arrest and being taken into custody the defendant has the right to use the help of legal counsel (defense attorneys) from the moment of respectively arrest, being taken into custody, or indictment.
Article 46 (Innocence, R.F. 49)(1) Everyone charged with a crime is considered innocent until his/ her guilt has been proven, as foreseen in the federal legal system, and a sentence of the court has been obtained.
(2) The defendant is not obliged to prove his/ her own innocence.
(3) Insurmountable doubt with regard to the guilt of a person can only be to the advantage of the defendant.
Article 47 (Ne Bin In Idim, R.F. 50)(1) No-one may be convicted repeatedly for one and the same offense.
(2) For realizing justice it is not allowed to use evidence obtained in violation of federal law.
(3) Everyone convicted of a crime has the right to a review of the sentence by a higher court in the order established by federal law, and also has the right to plea for clemency or mitigation of punishment.
Article 48 (Right to Remain Silent, R.F. 51)No-one is obliged to testify against himself/ herself, against his/her spouse, against close relatives and other persons the range of which is determined by law.
Article 49 (Victims, R.F. 52)The rights of the aggrieved to compensation is protected under the law. The Chechen Republic guarantees the aggrieved access to justice and compensation for damages.
Article 50 (Compensation, R.F. 53)Under established law everyone has the right to compensation by the state for the damages caused by unlawful actions (or inaction) of state organs of the Chechen Republic or their officials.
Article 51 (Retroactive Laws, R.F. 54)(1) Laws that aggravate the liability of a person cannot be applied retrospectively.
(2) No-one may be held responsible for actions which at the moment of their commitment were not recognized as a violation of the legislation of the Russian Federation. If after the perpetration of the offence the law is lifted or mitigated, the new law applies.
Article 52 (Limits on Restrictions, R.F. 55)(1) Listing of certain rights and liberties in the Constitution of the Chechen Republic may not be interpreted as the denial or belittlement of other commonly recognized rights and liberties of individuals and citizens.
(2) Laws that deny or belittle rights and liberties of individuals or citizens may not appear in the Chechen Republic.
(3) Rights and liberties of individuals and citizens may be restricted through federal law only to the extend required for the protection of the fundaments of the constitutional system of the Russian Federation, for morality, health, rights and lawful interests of other persons, and for ensuing the defense and security of the Russian Federation.
Article 53 (Restrictions, R.F. 56)(1) Under extraordinary circumstances for guaranteeing the safety of citizens and defending the constitutional order, in accordance with the federal constitutional law, it is possible to establish limits on rights and liberties for a limited period of time.
(2) A state of emergency on the territory of the Chechen Republic and in its local divisions can be introduced in the presence of circumstances and in the sequence as established under federal constitutional law.
Article 54 (Duty to Pay Taxes, R.F. 57)Everyone has the obligation to pay the by law established taxes and fees. Laws establishing new taxes or worsening the situation of taxpayers may not apply retrospectively.
Article 55 (Duty to Protect the Environment, R.F. 58)Everyone is obliged to preserve nature and prevent damages, as well as to be careful with removing natural riches.
Article 56 (Military Service, R.F. 59)Citizens of the Chechen Republic are obliged to fulfil military service in accordance with federal law. In federal law it is established in what cases people are able to compensate military service with alternative civil service.
Article 57 (Legal Age, R.F. 60)Citizens are allowed to realize their rights and obligations independently and fully at the age of 18, if not determined differently by law.
Article 58The relationship of the Chechen Republic and the Russian Federation is determined through the Constitution of the Russian Federation, federal laws, the Constitution of the Chechen Republic, as well as determined in accordance with agreements between bodies of state power in the Chechen Republic and bodies of state power of the Russian Federation about the demarcation of objects of authority and competencies between bodies of the executive power of the ChechenRepublic and federal bodies of executive power as well as about the transfer to each other of parts of their authority.
Article 59 (Territories/ Regions, Republics, R.F. 65, 66, 67)(1) The status of the Chechen Republic is defined through the Constitution of the Russian Federation and the Constitution of the Chechen Republic.
The status of the Chechen Republic cannot be changed without her own permission.
(2) Borders between the Chechen Republic and other subjects of the Russian Federation can only be changed by mutual consent.
(3) Borders of the Chechen Republic with foreign states are to be state border of the Russian Federation, which status is established by federal law.
(4) Administrative-territorial organization of the Chechen Republic and the ways to change them, as well as the status of the capital of the Chechen Republic are to be specified by federal law.
(5) The Chechen Republic consists of the following:
City's of Republic wide importance: Grozny, Argun and Gudermess.
Districts: Achgoi-Martanovski, Vedenski, Galanchozhski, Groznenski, Gudermesski, Itum-Kalinski, Kurchaloevski, Nadterechni, Naurski, Nozhai-Yurtovski, Staro-Yurtovski, Sunzhenski, Urus-Martanovski, Cheberloevski, Chalinski, Charoiski, Chatoiski and Chelkovskoi.
The capital of the Chechen Republic is to be the city of Grozny.
Article 60 (Joint Jurisdiction, R.F. 72)The Russian Federation and the Chechen Republic share jurisdiction over:
a) assuring the compliance of the Constitution of the Chechen Republic and laws of the Republic with the Constitution of the Russian Federation and federal laws;
b) protecting the rights and liberties of individuals and citizens; defending the rights of national minorities; ensuring legality and public safety; the regime of the border zone;
c) questions of ownership, usage and disposition of land, mineral resources, water and other natural resources;
d) demarcation of state properties;
e) usage of natural resources; protection against peripheral dangers and guaranteeing ecological safety; protection of the individual natural surroundings; protection of historical and cultural monuments;
f) general questions of upbringing, education, science, culture, physical culture and sports;
g) the coordination of questions regarding public health; the protection of families, motherhood, fatherhood and childhood; social protection including social security;
h) the implementation of measures to combat catastrophes, natural disasters, epidemics and fighting their consequences;
i) the establishment of general guidelines for taxation and its collection within the Russian Federation;
j) the administrative, administrative-procedural, labor, family, housing, land, water, forestry legislation with regard to the interior, and about the protection of the surrounding environment;
k) court personnel and law enforcement agencies, the bar and thenotaries;
l) the protection of the original environment and traditional way of life of small ethnic communities;
m) the establishment of general principles for the organization of the system of state power and local self-government;
n) the coordination of international and external economic relations of the Chechen Republic and compliance with the international agreements of the Russian Federation.
Article 61 (Regional Jurisdiction , R.F. 73)The jurisdiction of the Chechen Republic includes:
a) the adoption of the Constitution of the Chechen Republic, as well as the management of changes and supplementation thereof;
b) the defense of justice and lawful interests within the Chechen Republic; control over the observance of her Constitution and laws;
c) the legislation of the Chechen Republic;
d) the establishment of a system of bodies of state power of the Chechen Republic, the manner of their organization and activities;
e) the establishment of special organizations as well as the establishment of order in the activities of bodies of local self-
government in the Chechen Republic;
f) the administrative-territorial arrangements of the Chechen Republic;
g) the determination and guiding through of social-economical policies, adoption and control of the executive budget of the Chechen Republic;
h) the establishment of republican taxes and collection, and the creation of republican funds for the development of cities, districts, and population centers; as well as the establishment of other extra-budgetary funds;
i) questions regarding the property of the Republic and its management;
j) Republican energy and other systems for maintaining life, transport, information and relations in the Chechen Republic;
k) the international and external economical relations of the Chechen Republic, to be accomplished within the boundaries established by federal judicial authority;
l) state decorations and honorary titles of the Chechen Republic, state symbolic;
m) questions about unification with other subjects of the Russian Federation in regional and interregional associations, councils, limited in their agreements to goals of collaboration and close development of their territory;
n) programs for social-economical development of the Chechen Republic;
o) organizing the return to the Chechen Republic of constrained emigrants, and their social integration;
p) the establishment of order in the organization and activities of the Constitutional Court of the Chechen Republic. Legislative regulation of established questions is realized by the chechen republic on the basis of and with observance of established federal legislation
Article 62 (Flag, Emblem, Anthem, R.F. 70)The state flag, state emblem and anthem of the Chechen Republic, their description and procedures for their official use are established by laws of the Republic.
Article 63 (Head of State, R.F. 80)The President of the Chechen Republic is the chief executive of the Chechen Republic and heads the executive power of the Chechen Republic.
Article 64 (Oath, R.F. 82)(1) At his/ her inauguration, the President of the Chechen Republic takes the following oath before the multinational people of the Chechen Republic:
"I vow, in the performance of my powers of President of the Chechen Republic, to honor and protect the rights and liberties of individuals and citizens, to defend the rights of the multinational people of the Chechen Republic and to serve her faithfully, to observe and protect the Constitution of the Chechen Republic and the laws of the Republic".
(2) The oath is taken in a solemn atmosphere of a combined sitting of the two chambers of the Chechen Republic in the presence of the members of the government of the Chechen Republic, the Constitutional Court of the Chechen Republic, representatives of political parties and public organizations and movements.
Article 65 (Term, Election, R.F. 81.1)The President of the Chechen Republic is elected by citizens of the Chechen Republic who have attained to the age of 18 years as of voting day and enjoy an active electoral right under a federal law, on the basis of universal, free and equal suffrage by secret ballot.
Article 66 (Term, Election, R.F. 81.2)Citizens of the Russian Federation not younger than 30 years of age can be elected President of the Chechen Republic.
Article 67 (Term, Election, R.F. 81.3)(1) The President of the Chechen Republic is elected for a term of four years and is not allowed to be re-elected for more than two terms in succession.
(2) The President of the Chechen Republic, elected in accordance with federal laws and the present Constitution, enters into office on the expiration of the fourth year since entering into office of the previous President of the Chechen Republic. In case of premature elections, as well as in cases, with of expiration of the fourth year of entering into office of the previously elected President of the Chechen Republic, chosen at the previous election, when there will be repeated elections for President of the Chechen Republic & the new President will enter into office on the 30th day after the day of the official publication by the election commission of the Chechen Republic of the entire results of the election for President of the Chechen Republic.
Article 68In case the election for President of the Chechen Republic is not recognized or ineffective or in case, if none of the candidates is elected through the ballot, the executive power of the President of the Chechen Republic is temporarily placed with the Chairman of the Legislature of the Chechen Republic for the period of introducing a new ballot for the presidency of the Chechen Republic. This second election will take place no later than six months after the official publication of the results of the previous election.
Article 69The President of the Chechen Republic is not allowed to be at the same time a deputy of the Parliament of the Chechen Republic, a deputy of a representative body of local self-government, and is also not allowed to exercise other professional activities except for teaching, science and other creative activities, if not foreseen differently in the legislation of the Russian Federation.
Article 70 (Powers, R.F. 83)(1) The President of the Chechen Republic directly or through bodies of the executive power of the Chechen Republic guarantees the unity of governmental policy in the spheres of social-economical development of the Chechen Republic, as well as in the areas of finance, science, education, public health, social welfare and ecology.
(2) The President of the Chechen Republic:
a) represents the Chechen Republic in its relationships with federal bodies of state power, bodies of state power of other subjects of the Russian Federation, and bodies of local self-government as well as in the realization of external economical and international relations;
b) signs and proclaims or wards off laws adopted by the Parliament of the Chechen Republic, as well as signs agreements and stipulations of the Chechen Republic;
c) enters for examination by the President of the Russian Federation, the Government of the Russian Federation and other bodies of state power of the Russian Federation legal acts adopted which fall within their respective competencies;
d) appoints with the agreement of the People's Assembly the head of Government of the Chechen Republic, his/ her replacements, ministers, realizing authority in the sphere's of finance, economics, industry, and rural economy, as well as removes them from their positions; appoints to position and removes ministers and leaders of other bodies of executive power of the Chechen Republic in accordance to Republican law;
e) forms the Government of the Chechen Republic by proposal of the Chairman of the Government of the Chechen Republic;
f) offers the Council of the Republic candidates for designation as chairman, vice-chairmen and judges of the Constitutional Court of the Chechen Republic; approves candidates for positions as justice of the peace of the Chechen Republic;
g) takes the decision to prematurely discontinue the authority of the Parliament of the Chechen Republic (dismissal ordering body) incases of realization of the coming into effect of laws or other regulatory legal acts contradictory to the Constitution of the Russian Federation, to federal laws, to objects of shared authority of the Russian Federation and the Chechen Republic, to the constitution of the Chechen Republic, if such contradiction is established by the appropriate court, and the Parliament of the Chechen republic does not remove the contradictory legal acts in a period of six months from the day of coming into force of the legal decision.
h) determines dates for the following election of the Parliament of the Chechen Republic (chambers of Parliament) in case of the premature discontinuation of the authority of Parliament of the Chechen Republic (chambers of Parliament)
i) has the right of initiative in the formation of laws;
j) presents a report to the Parliament of the Chechen Republic (to a combined session of both chambers) no less than one time per year, and returns with messages to the people and Parliament of the Chechen Republic;
k) presents to the Council of the Republic candidates for the positions of Chairman of the National Bank of the Chechen Republic; puts before the Council of the Republic the question about the dismissal of the chairman of the National Bank of the Chechen Republic;
l) approves the candidate for public prosecutor of the Chechen Republic. Presents to the Parliament of the Chechen Republic the candidate for the position of public prosecutor of the Chechen Republic, who is to be submitted to the general prosecution of the Russian Federation, for obtaining clarity about his/ her designation as general prosecutor of the Russian Federation.
m) determines half the positions of the Election committee of the Chechen Republic;
n) has the right to convene a united session of the chambers of Parliament of the Chechen Republic, as well as to call the newly elected chambers of Parliament of the Chechen Republic for a session before the start of term established in the Constitution of the Chechen Republic;
o) has the right to participate in the work of the chambers of Parliament of the Chechen Republic in a consultative position;
p) forms his/ her own machinery and functions as its leader;
q) designates for the duration of his/ her term in office the representative in the Federation Council of the Federal Assembly of the Russian Federation from the executive bodies of state power of the Chechen Republic;
designates for duty and dismisses the representative of the President of the Chechen Republic in the Parliament of the Chechen Republic;
r) suspends normative actions and other acts of bodies of executive power in the Chechen Republic and cancels them, if they contradict the Constitution of the Chechen Republic;
s) awards state decorations of the Chechen Republic, recommends in the established order of awarding of state decorations in the Russian federation;
t) realizes further authority in accordance with federal laws and the Constitution of the Chechen Republic.
(2) The President of the Chechen Republic proclaims decrees and ordinances.
(3) Decrees and ordinances of the President of the Chechen Republic are to be applied on all of the territory of the Chechen Republic.
Article 71The President of the Chechen Republic is for the realization of its authority obliged to observe the Constitution of the Russian Federation, federal laws, the Constitution of the Chechen Republic and laws of the Chechen Republic as well as executive decrees and orders of the President of the Russian Federation, and decisions and orders of the government of the Russian Federation.
Article 72 (Impeachment, R.F. 93)The authority of the President of the Chechen Republic is prematurely discontinued in cases when:
a) he/ she passes away;
b) he/ she is dismissed from office through the expression in him of a lack of faith by the Parliament of the Chechen Republic;
c) his/ her retirement by his/ her own wish;
d) his/ her removal from his/ her position by the Presidency of the Russian Federation;
e) recognition by the court of his/ her incompetence or limited competence;
f) recognition by the court of his/ her absence with unknown whereabouts or the declaration of his/ her passing away;
g) entrance into legal force of an accusatory sentence of a court against him/ her;
h) his/ her departure outside of the Russian Federation for permanent residence, loosing him/her his/ her citizenship of the Russian Federation.
Article 73 (Impeachment, R.F. 93)The Parliament of the Chechen Republic has the right to declare a lack of faith in the President of the Chechen Republic in case of:
a) publication of acts which are contradictory to the Constitution of the Russian Federation, federal laws, the Constitution of the Chechen Republic, and further contradictions with established appropriate law, if the President of the Chechen Republic does not remove the contradictory acts in the month following the introduction into force of a judicial decision.
b) any gross violation of the Constitution of the Russian Federation, federal laws, decrees of the President of the Russian Federation, decisions of the Government of the Russian Federation, the Constitution of the Chechen Republic and laws of the Republic if they lead to a clear gross violation of rights and liberties of citizens.
Article 74 (Impeachment, R.F. 93)Decisions of the Parliament of the Chechen Republic about a lack of faith in the President of the Chechen Republic will take, in both chambers of Parliament, a two-third majority of votes of the fixed number of deputies and for the initiative no less than one-thirds of the votes of the fixed number of deputies of the People's Assembly.
Article 75 (Impeachment, R.F. 93)(1) Decisions of the Parliament of the Chechen Republic about a lack of faith in the President of the Chechen Republic have the effect of the immediate dismissal of the President of the Chechen Republic and the Government of the Chechen Republic.
(2) Decisions of the President of the Russian Federation about removal of the President of the Chechen Republic lead to the automatic discharge of the Government of the Chechen Republic.
Article 76In all cases, when the President of the Chechen Republic is unable to fulfill his obligations, these duties shall temporarily be discharged by the Chairman of the Government of the Chechen Republic.
Article 77 (Impeachment, R.F. 93)(1) In cases of premature cessation of the authority of the President of the Chechen Republic, the head of Government of the Chechen Republic will temporarily take over the obligations of the President of the Chechen Republic, until the following elections will determine the new President of the Chechen Republic. Statutory elections will be set and conducted within the term fixed in federal law.
(2) The head of the Government of the Chechen Republic, temporarily exercising the obligations of President of the Chechen Republic, does not have the right to dismiss the Parliament of the Chechen Republic, and also does not have to right to propose correction and revisal of conditions of the Constitution of the Chechen Republic.
Article 78 (Supreme Legislative Body, R.F. 94, 95)(1) The Parliament of the Chechen Republic is the continually acting supreme and sole legislative (representative) body of state power 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 (Two Chambers, R.F. 95)(1) The Council of the Republic consists of 21 deputies who represent the administrative-territorial units of the Republic (cities of Republican significance and districts) and are elected directly in single-mandate election districts on the basis of direct suffrage by secret ballot.
(2) The People's Assembly consists of 40 deputies elected directly on the basis of direct suffrage by secret ballot.
(3) The status of deputies of the Parliament of the Chechen Republic, as well as the sequence of preparing and holding of elections for deputies for the Parliament of the Chechen Republic is regulated by federal law, the present Constitution and the laws of the Republic.
Article 80 (House of Representatives, Eligibility, R.F. 96, 97)(1) Deputies of the Parliament of the Chechen Republic are electedfor a term of four years by the citizens of the Chechen Republic who enjoy an active electoral right under the federal law, on the basis of universal, equal and direct suffrage by secret ballot.
(2) Deputies of the Parliament of the Chechen Republic are to be chosen from citizens of the Russian Federation over the age of 21 years as of the voting day.
(3) Deputies of the Chechen Republic are allowed to work continuously on a professional basis, on a professional basis for a fixed period of time or without interruption of basic activities in accordance with the laws of the Chechen Republic.
(4) In the current term of their authority the deputies of the Parliament of the Chechen Republic are not allowed to also be deputies in the National Duma of the Russian Federation, hold government positions with federal governmental services, engage in other governmental activities of the Chechen Republic or hold governmental positions in services of the Chechen Republic, nor can they be elected to municipal positions and municipal positions in government service, if not foreseen differently in federal law.
(5) In case the activities of deputies of the Parliament of the Chechen Republic have a permanent professional nature, he/ she is not allowed to engage in any activities for remuneration other than in teaching, research, and further creative activities, if not foreseen differently in federal law.
(6) Deputies of the Parliament of the Chechen Republic do not have the right to use their status as deputies in activities not connected with the realization of their deputy authority.
(7) For the period of their authority deputies of the Chechen Republic possess immunity in accordance with the federal law.
Article 81Deputies of the Parliament of the Chechen Republic have the right to refuse to witness for civil or criminal matters about circumstances related to their activities for the realization of their authority.
Article 82 (Separation of Chambers, R.F. 99, 100, 101)(1) The Parliament of the Chechen Republic is to be legislative, when each of the chambers of Parliament votes with no less than two thirds of the fixed number of deputies. If no less than two thirds of the set number of deputies votes in only one of the Chambers of Parliament, that chamber is to be legislative in parts which fall in her exclusive competencies. Legislative sessions of the Chambers of the Parliament of the Chechen Republic are to be determined through their own rules.
(2) The chambers of Parliament meet separately.
Their session are public except for exceptional cases as determined by federal law, the Chechen Constitution, laws of the Chechen Republic and also the regulations of the Chambers of Parliament of the Chechen Republic.
(3) The Parliament of the Chechen Republic is first summoned by the election committee no later than 15 days after the election.
(4) The first session of both chambers of the Parliament of the Chechen Republic is opened by the deputy most senior of age and is responsible for choosing a Chairman suitable for the chambers of the Parliament.
(5) On the day the newly elected Parliament of the Chechen Republic starts work (newly elected chambers of Parliament) with the full authority of the Parliament of the Chechen Republic (equal to that of the two chambers of Parliament) the preceding sessions are discontinued.
(6) The Chambers of Parliament of the Chechen Republic possess the right of a legal entity, and are able to stamp printing, to determine independently questions of organization, rights, information, material technical and financial security of its activities.
(7) The outlays for securing the activities of the chambers of Parliament of the Chechen Republic are to be confirmed by the Parliament of the Chechen Republic and will contain mention of the division of funds in the budget of the Chechen Republic.
Article 83(1) The Parliament of the Chechen Republic:
a) is to enter proposals about rectification of the Constitution of the Chechen Republic in the Constitutional Assembly of the Chechen Republic;
b) is to realize legal regulations, about the subject of authority of the Chechen Republic and the shared authority of the Russian Federation and the Chechen Republic, within the limited authority for the Chechen Republic;
c) forms, for realizing control over the executive budget of the Chechen Republic, an account chamber of the Chechen Republic, part and sequencing of which will be determined by the laws of the Republic;
d) realizes the right of legislative initiative in coordination with law initiatives of the National Duma of the Federation Council of the Russian Federation;
e) chooses, in accordance with federal laws, and for the period of its authority, a representative for the Federation Council of the Federal Assembly of the Russian Federation from the legislative (representative) body of the governmental power of the Chechen Republic;
f) realizes further authority, as established in the Constitution of the Russian Federation and federal laws about common principles of organization of legislative (representative) and executive bodies of governmental power of the subjects of the Russian Federation, and as established in the Constitution of the Chechen Republic and laws of the Republic.
(2) The Council of the Republic:
a) designates and dismisses from office the chairman of the national bank of the Chechen Republic,
b) through proposals of the President of the Chechen Republic designated judges, chairman and vice-chairman of the Constitutional Court of the Chechen Republic and of the courts of arbitration in the Chechen Republic;
c) designates and dismisses from duties the vice-chairman of the Accounting chamber of the Chechen Republic and half of its auditors;
d) designates and dismisses from duties a fourth of the members of the election committee of the Chechen Republic;
e) approves the candidate for the position of the public prosecutor of the Chechen Republic;
f) determines referenda within the Chechen Republic in cases, foreseen in the laws of the Republic;
g) sets the dates for the election of the Parliament of the Chechen Republic as well as the dates for the election of the President of the Chechen Republic.
(3) The People's Assembly:
a) accords the appointee of the President of the Chechen Republic for head of Government of the Chechen Republic, his/ her replacements as well as ministers, that realize authority in the fields of finance, economics, industry and rural economy;
b) designates for, and dismisses from duties the chair of the Accounting chamber of the Chechen Republic and half of its auditors;
c) designates and dismisses from duties a fourth of the members of the Election committee of the Chechen Republic;
d) designates and dismisses officials from positions of authority for human rights in the Chechen Republic.
Article 84The Legislative of the Chechen Republic;
a) affirms the budget of the Chechen Republic presented by the President of the Chechen Republic and monitors its fulfillment;
b) establishes in accordance with the Constitution of the Chechen Republic the foundations of the organization and activities of the chambers of the Chechen Parliament;
c) determines the sequence of holding elections for bodies of local self-government on the territory of the Chechen Republic, and determining the order of its activities;
d) approves the program of social-economical development of the Chechen Republic, as presented by the President of the Chechen Republic;
e) establishes taxes and levies, determining which are delivered, as established by federal law, to the Chechen Republic, as well as determining the order of their collection;
f) affirms the budget of the territorial governmental extra-
budgetary funds of the Chechen Republic and accounts for its use;
g) determines the order of use and arrangement of properties of the Chechen Republic, including shares (shares and stocks) of the Chechen Republic in established economic organizations, partnerships and enterprises and further organizational & legal forms;
h) approves the conclusion as well as the severance of treaties of the Chechen Republic;
i) establishes sequence and way of realization of referenda in the Chechen Republic;
j) establishes sequence and leads elections of the Chambers of Parliament of the Chechen Republic, as well as elections for President of the Chechen Republic;
k) establishes the administrative, territorial arrangements in the Chechen Republic and the order of their changing;
l) determines the systems of bodies of executive power in the Chechen Republic and the order of formation of these indicated body's;
m) approves agreements about changing the borders of the ChechenRepublic;
n) establishes the status, authority and sequence of designation to and dismissal from positions as well as the sequencing of activities of representatives of human rights of the Chechen Republic;
o) regulates other questions within the jurisdiction and authority of the Chechen Republic, in accordance with the Constitution of the Russian Federation, federal laws, the Constitution of the Chechen Republic and laws of the Republic.
Article 85The President of the Republic has the right to proclaim decrees, fill gaps in legal regulations of matters, use legislative decisions, under the condition that decrees don't contradict the Constitution of the Russian Federation, federal and Republican law and its actions are limited in time until the reception of a relevant legislative act.
Article 86The chambers of Parliament of the Chechen Republic will take decisions regarding questions, that have implications for the Constitution of the Russian Federation, federal laws, the Constitution of the Chechen Republic and laws of the Republic.
Article 87The chambers of Parliament of the Chechen Republic within the boundaries and forms, established by the Constitution of the Chechen Republic and laws of the Republic:
a) secure on an equal footing with other representatives the control over the observation of the execution of the law of the Chechen Republic, usage of the budget of the Chechen Republic, observation of established order and arrangement of property in the Chechen Republic;
b) realizes other authority, as established by federal law and laws of the Republic.
Article 88(1) The right of legislative initiatives in the People's Assembly belongs to the President of the Chechen Republic, the Government of the Chechen Republic, Council of the Republic, deputies of the Council of the Republic and People's Assembly and representatives of local self-government.
The right to legislative initiatives also belongs to the Constitutional Court of the Chechen Republic, the supreme court of the Chechen Republic, court of arbitrage of the Chechen Republic, the public prosecutor of the Chechen Republic and the election committee of the Chechen Republic for questions falling within their authority.
(2) Bills are to be entered into the People's Assembly.
Bills, entered into the People's Assembly by the President of the Chechen Republic as his/ her proposals are examined first.
(3) Drafts of laws about establishing or abolishing taxes, about exemptions or their reimbursement, about changing the financial obligations of the Chechen Republic, and about other bills foreseeing expenditures and overlays for accounted means of thebudget of the Chechen Republic, will be checked by the People's Assembly through order of the President of the Chechen Republic or by his/ her agreement. This agreement should be delivered to the People's assembly within a month.
Article 89(1) Proposals about entering corrections into the Constitution of the Chechen Republic have to receive a majority of no less than two thirds of the votes of the established number of deputies of both chambers of Parliament of the Chechen Republic.
(2) Laws of the Chechen Republic are accepted with a majority of votes of the established number of deputies of both chambers of the Chechen Republic if not foreseen differently in the present Constitution.
(3) Decisions of the chambers of Parliament of the Chechen Republic are received with a majority of votes of the elected deputies of both chambers of Parliament, if not foreseen differently in the present Constitution.
(4) Proposals for laws of the Chechen Republic are to be examined in the People's Assembly with no less then two thirds of members (with the exception of proposed laws about affirmation (accepting and denouncing) of treaties of the Chechen Republic). Decisions about accepting or rejecting laws are to take shape by ordinations of the People's Assembly.
Article 90(1) Laws of the Chechen Republic, accepted by the People's Assembly, are to be guided for review to the Council of the Republic in a period of five days, which reviews it in a period of 14 days. Not reviewing of laws of the Chechen Republic within the set period is considered approval by the Council of the Republic.
(2) Laws accepted by the people's assembly dealing with matters as foreseen in points "a", "e", "f", "g", "h", "k" and "m" of Article 84 of the present Constitution are subject to an obligatory review by the Council of the Republic.
(3) Rejected laws are reviewed by the People's Assembly. Cases of disagreement of the People's Assembly with decisions of the Council of the Republic leads to acceptation, if repeatedly two thirds of the fixed number of deputies of the People's Assembly vote in favor.
(4) Accepted laws are to be directed to the President of the Chechen Republic for signing and publication in the five day period.
The President of the Chechen Republic is obliged, in a period of 14 calendar days including the day of entering into force, to publish the law, attesting promulgation of the law by way of his/ her signature, or in the period the law determines.
In case of rejection by the President of the Chechen Republic of the law of the Chechen Republic the law can be proclaimed with no less than two thirds of the votes of the established number of deputies of both chambers of the Parliament of the Chechen Republic.
(5) The law of the Chechen Republic, approved in earlier reviews, cannot be repeatedly declined by the President of the Chechen Republic and has to be signed and published in the period of 14 calendar days before entering into law.
(6) The Constitution of the Chechen Republic and laws of theRepublic, as well as decisions of the chambers of Parliament of the Chechen Republic with a normative character enter into force one day after their official publication. Laws and further regulatory legal acts of the Chechen Republic, touching on the rights and liberties of individuals and citizens, enter into force no sooner than in ten days after their official publication
The sequence of official publication of laws and other regulatory legal acts of the Chechen Republic is to be determined by the laws of the Chechen Republic.
(7) The Constitution of the Russian Federation, federal laws, Constitution and laws of the Chechen Republic fall under governmental protection on the territory of the Chechen Republic.
Article 91(1) The authority of the Parliament of the Chechen Republic can cease prematurely in case of:
a) acceptance of a decision by the representative body about dismissal, this decision about dismissal has to receive no less than two thirds of the votes of the established number of deputies in favor in both chambers of the Parliament of the Chechen Republic;
b) dismissal of the body by decision of the President of the Chechen Republic on bases, as foreseen in this Constitution;
c) entry into force of a federal law about the dismissal of the representative body.
(2) The term of office of the Chambers of Parliament of the Chechen Republic could expire prematurely in cases of entrance into force of a decision of the highest court of the Chechen Republic about the lack of quorum of the Chambers of Parliament of the Chechen Republic, including early resignation of deputies.
3) In cases of premature cessation of authority of the Parliament of the Chechen Republic (Chambers of the Parliament) the President of the Chechen Republic sets dates for the elections of the Parliament of the Chechen Republic (Chambers of Parliament). Representative elections are to be organized in the period established by federal law.
Article 92(1) The Government of the Chechen Republic is to be the perpetually highest active executive body of governmental power in the Chechen Republic.
(2) In the Government will be represented its head, his/ her replacements, and ministers.
(3) The Government of the Chechen Republic guarantees the fulfillment of 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 on its territory.
(4) The Government of the Chechen Republic possesses the rights of a legal person and is able to take a coat of arms.
(5) Financing of the Government of the Chechen Republic and also of the bodies of executive power of the Chechen Republic comes from the accounts of the budget of the Chechen Republic as foreseen in aseparate Article.
Article 93(1) The Government of the Chechen Republic sets out and realizes measures for guaranteeing the complex social economical development of the Chechen Republic and takes part in leading a unified governmental policy in the area's of finance, science, education, healthcare, social security and ecology.
(2) The Government of the Chechen Republic:
realizes within the limits of its authority measures for the realization, guaranteeing and safeguarding of the rights and liberties of people's and citizens, measures for the protection of properties and societal order, and measures for the struggle against crime;
b) works out for performance/ presentation by the President of the Chechen Republic in the People's Assembly project budgets of the Chechen Republic, as well as project programs for the social economical development of the Chechen Republic;
c) guarantees the executive budget of the Chechen Republic, prepares a calculation for the executive budget and reports about the execution of the programs of social economical development of the Chechen Republic for presentation by the President of the Chechen Republic in the People's Assembly of the Chechen Republic;
d) forms other bodies of executive power of the Chechen Republic;
e) governs and manages the properties of the Chechen Republic in accordance with the laws of the Chechen Republic, as well as federal properties placed into the care of the Chechen Republic in accordance with the federal laws and other regulatory legal acts of the Russian Federation;
f) has the right to put forth to bodies of local self-government, with chosen or other functionaries of local self-government, corrections of legal acts published by them as determined in accordance with the laws of the Russian Federation, in case the law is in conflict with the Constitution of the Russian Federation or other regulatory legal acts of the Russian Federation, the Constitution of the Russian Federation or other regulatory legal acts of the Republic, as well as the right to restore the law;
g) negotiates, in accordance with federal laws, treaties with federal bodies of executive power about demarcating the boundaries of authority and powers, as well as stipulating the reciprocal transfer of parts of authority;
h) realizes other authority, fixed in federal laws, the Constitution of the Chechen Republic as well as reaches agreements with federal bodies of executive power, as foreseen in Article 78 of the Constitution of the Russian Federation.
Article 94(1) Acts of the Government of the Chechen Republic (decisions and arrangement) falling within the limits of its authority, are to be followed in the Chechen Republic.
(2) Acts of the Government of the Chechen Republic are not allowed to contradict the Constitution of the Russian Federation, federal law, objects accepted to be falling within the authority of the Russian Federation and objects of shared authority of the RussianFederation and the Chechen Republic, decrees of the President of the Russian Federation, stipulations of the Russian Federal Government, the Constitution of the Chechen Republic, laws of the Republic and stipulations of the President of the Chechen Republic.
Article 95The Government of the Chechen Republic, put together under the newly established authority of the President of the Chechen Republic, will leave in case of dismissal by a decision of the Chechen Parliament about a lack of faith or by decision of the President of the Russian Federation.
In case of dismissal (resignation of authority) of the Government of the Chechen Republic, as foreseen in the present Constitution, she will persist to act until a new Government of the Chechen Republic has been formed.
Article 96 (Administration of Justice, R.F. 118)(1) Justice in the Chechen Republic is only exercised by a court. The creation of extraordinary courts and courts which are not provided for by the federal constitutional law, is not allowed.
(2) Judicial power is realized by means of the Constitution and civil, administrative and criminal judicial procedures.
(3) On the territory of the Chechen Republic the Constitutional Court of the Chechen Republic, courts of justice, federal courts, the high court of the Chechen Republic, the Court of arbitrage of the Chechen Republic, as well as district and specialized courts are active.
(4) No other body, official or other person has the right to take for himself the function of the judicial power.
Article 97(1) Judges are to be people endowed, in accordance with the Constitution of the Russian Federation and laws, with the authority to realize the judicial and realizing their own obligations on a professional basis.
(2) All the courts are to have their own status, as established in the federal constitutional law and federal law. Legal borders dividing categories of judges are specified by federal law, as well as the laws of the Chechen Republic.
(3) Republican laws may establish supplementary demands for judges of the Constitutional Court of the Chechen Republic and judges of the courts of arbitration of the Chechen Republic.
Article 98(1) The court is independent and only subordinate to the Constitution of the Russian Federation and federal laws, as well as guided by the Constitution of the Chechen Republic and laws of the Republic.
(2) Courts are irremovable, they are instituted through the federal legal order, but courts of arbitration are destined (chosen) also in the order established by the laws of the Chechen Republic. Authority of courts can only cease or be suspended in the order fixed byfederal law.
(3) Courts are inviolable, they cannot be summoned to answer otherwise than in the order established in federal law.
Article 99(1) Conduct of court is public. Hearings in closed sessions are only allowed in cases, foreseen in federal law. Judicial procedures are realized on the basis of disputants and equality before the law.
(2) Judicial procedures in the Chechen Republic are conducted in the Russian language. In cases, involving people not able to function in the language of judicial procedures, the law guarantees familiarization with the materials of the case and parts of the procedural actions using translators, as well as the right to come out in court using one's own language.
Article 100(1) The Constitutional Court of the Chechen Republic is constructed to review questions about the accordance of laws of the Chechen Republic, of regulatory legal acts of the Parliament of the Chechen Republic, of the President of the Chechen Republic, of the Government of the Chechen Republic, of other bodies of executive power of the Chechen Republic, and of bodies of the local self-
government of the Chechen Republic to the Constitution of the Chechen Republic.
(2) The Constitutional Court of the Chechen Republic:
a) settles disputes about competencies between bodies of state power of the Chechen Republic and between bodies of the state power of the Chechen Republic and bodies of local self-government;
b) gives clarity about questions stemming from referenda of the Chechen Republic on the constitution of the Chechen Republic;
c) answers questions of the President of the Chechen Republic and the chambers of Parliament of the Chechen Republic about interpretation of the Constitution of the Chechen Republic;
(3) Financing of the Constitutional Court of the Chechen Republic comes from the Republican budget.
(4) The Constitutional Court of the Chechen Republic reviews questions in the order as established in the laws of the Chechen Republic.
(5) Decisions of the Constitutional Court of the Chechen Republic, adopted within the boundaries of its authority, cannot be overturned by other courts.
(6) The system of endowing the authority of chair, vice-chair, other judges of the Constitutional Court of the Chechen Republic is established by federal law and laws of the Chechen Republic.
Article 101(1) Courts of Arbitration are endowed with general jurisdiction over the Chechen Republic and enter into the unified justice system of the Russian Federation. Authority, order of the activities of the courts of arbitration and order of creation of the obligations of the courts of arbitration are established by federal laws, but the order of their activities are also established by the laws of the Chechen Republic.
(2) The courts of arbitration within the boundaries of theircompetence review civil, administrative and criminal cases as court of first instance.
(3) Legal participation and obligations of the courts of arbitration are based on and abolished by the laws of the Chechen Republic.
Article 102Authority, order of formation, and activities of the federal courts on the territory of the Chechen Republic are determined by the Constitution of the Russian Federation, federal constitutional law and other federal laws.
Article 103(1) The public prosecutor of the Chechen Republic enters into the central system of public prosecutors of the Russian Federation with submission of lower prosecutors to the higher and finally to the prosecutor general of the Russian Federation.
(2) Authority, organization and order of activities of bodies of the public prosecutor is to be determined by federal law.
Article 104(1) The public prosecutor of the Republic is designated as general public prosecutor of the Russian Federation with the approval of the President of the Chechen Republic and the Council of the Republic, but can be dismissed from duties by the General prosecutor of the Russian Federation.
Other public prosecutors of the Chechen Republic are instated and dismissed from duties by the General public prosecutor of the Russian Federation.
(2) Public prosecutors of the Chechen Republic and prosecutors of districts and cities realize their authority independent of bodies of state power of the Chechen Republic and bodies of the local self-
government and their officials.
Article 105Lawyers in the Chechen Republic form their own independent professional organization to engage in lawyer activities. The organization and order of activities of lawyers are regulated by federal law and the laws of the Chechen Republic.
Article 106The notary in the Chechen Republic guarantees in accordance with the Constitution of the Russian Federation and the Constitution of the Chechen Republic the defense of the rights and legitimate interests of the citizens and legal entities using methods of working of the domain of the Russian Federation. Organization and order of activities of the notary are established by federal law and by laws of the Chechen Republic.
Article 107 (Local Self-Government, R.F. 130)(1) Local self-government in the Chechen Republic allows the population independently to deal with the issues of local significance, use and management of municipal property..
(2) Local self-government is exercised by the citizens through the civil paths of referendum, elections and other forms of direct will expression, through elective and other bodies of local self-
government.
Article 108(1) In urban and rural areas and on other territories local self-
government is exercised with due regard to historical and other local traditions. The structure of bodies of local self-government is determined independently by the population in accordance with the law.
(2) The boundaries of territories within which local self-government is exercised may be changed only with due consideration for the opinion of the population of these territories.
Article 109(1) The order of formation of bodies of local self-government of the Chechen Republic and the organization of their activities are determined by the federal laws on general principles of the organization of local self-government, laws of the Chechen Republic about local self-government and the regulations of municipalities.
(2) Particularities of the organization and realization of local self-government in the city of Grozny can be established by the laws of the Republic.
Article 110 (Powers, R.F. 132)(1) Bodies of local self-government are independent to manage municipal property, to form, approve and execute the local budget, establish local taxes and levies, ensuring law and order, as well as decide other questions of local significance.
(2) Bodies of local self-government may be invested under the law of the Chechen Republic with certain state powers, with the according transfer of material and financial resources required for their realization. The exercise of the powers transferred is supervised by the state.
Article 111 (Compensation, R.F. 133)Judicial protection of local self-government is guaranteed, including reimbursement of additional expenses, arising from decisions passed by bodies of state power and the ban on the restrictions of the rights of local self-government established by the Constitution of the Russian Federation and federal law, the Constitution of the Chechen Republic and laws of the Republic.
Article 112(1) The Constitution of the Chechen Republic is adopted by a referendum of the Chechen Republic.
(2) Proposals to amend and review provisions of the Constitution of the Chechen Republic may be submitted to the Constitutional Assembly of the Chechen Republic by the President of the Chechen Republic and the Parliament of the Chechen Republic.
The order of entering proposals, to amend and (or) revise parts ofthe Constitution of the Chechen Republic, into the Constitutional Assembly of the Chechen Republic, as well as the status, order of formulating and activities of the Constitutional Assembly of the Chechen Republic are determined by the law of the Chechen Republic.
(3) Proposals about amending and reviewing parts of the Constitution of the Chechen Republic, creating conflict with the Constitution of the Russian Federation, disturbing the rights and liberties of individuals and citizens, attempting to infringe on the Republican form of the government and foundations of the Constitutional order of the Chechen Republic, are not allowed to be accepted by the Constitutional Assembly of the Chechen Republic through its review and carrying out through referendum.
(4) The Constitutional Assembly of the Chechen Republic has the right to accept, in the order established by the laws of the Republic, amendments to chapter 4 & 7 of the Constitution of the Chechen Republic. Amendments are accepted by the Constitutional Assembly of the Chechen Republic with no less than two thirds of the number of votes of the complete number of its members.
(5) The rectification and (or) offer to revise positions of the Constitution of the Chechen Republic is carried out through a Republic-wide referendum, if for conveying the referendum no less than two thirds of the established number of members of the Constitutional Assembly of the Chechen Republic vote in favor.
(6) In case of alteration of the name of the administrative-
territorial unity of the Chechen Republic her new name is to be subjected to insertion into the Constitution of the Chechen Republic by decree of the President of the Chechen Republic.
[Article 0](1) The Constitution of the Chechen Republic takes effect from the date of its official publication, subject to the voting results in the referendum of the Chechen Republic.
The Constitution of the Chechen Republic cannot be amended during one year after entrance into force.
(2) From the day of entering into force of the Constitution of the Chechen Republic until entrance into office of the elected President of the Chechen Republic the powers vested in the president of the Chechen Republic by the Constitution of the Chechen Republic shall be exercised by the head of the Administration of the Chechen Republic.
Pending election of the People's Assembly the acting authority of the President of the Chechen Republic and after the election the President of the Chechen Republic determines the appointment and dismissal of the head of the Government of the Chechen Republic.
(3) Pending the adoption of relevant laws of the Chechen Republic by the Parliament of the Chechen Republic the bodies of state power of the Chechen Republic shall be guided by the federal laws and acts issued on their basis within the republican jurisdiction by the official exercising the powers of the President of the Chechen Republic, and, after the elections, by the acts of the President of the Chechen Republic.
For the period until the election of the Parliament of the ChechenRepublic, the acts of the official exercising the powers of the President of the Chechen Republic and also, after the elections, of the President of the Chechen Republic on the issues requiring legislative regulation, including issues relating to the Republican budget and administrative-territorial structure, shall be subject to mandatory consideration by the State Council. Such acts shall enter into force upon their approval by the State Council..
The State Council also prepares and/or considers draft laws of the Chechen Republic before they are submitted to the People's Assembly of the Chechen Republic.
The State Council includes as ex officio members the heads of the administrations of the cities of Grozny, Argun and Gudermes, heads of the raions of the Republic and one representative from each of the aforementioned administrative-territorial units elected at meetings of citizens residing on their territories.
The State Council chooses for the period of its authority a chairman in the Federation Federal Council of the Russian Federation.
The powers of the State Council end with the beginning of the functioning of the Parliament of the Chechen Republic.
(4) During the period until the acceptance of laws on local self-
government in the Chechen Republic and of forming on their basis of bodies of local self-government new local bodies will be formed for administrative districts and population points of the Chechen Republic, appointed by the authority of the acting President of the Chechen Republic and then following elections by the President of the Chechen Republic.
On the basis of a decision of a meeting of citizens of localities, local administration forms a list of people's assessors for the district courts active on the territory of the Chechen Republic. The acting President of the Chechen Republic, and after elections the President of the Chechen Republic will adopt the completed lists of People's assessors of district courts through proposal by the State Council, but after elections for deputies of the Council of the Republic through proposal by the People's Assembly.
(5) The Election committee of the Chechen Republic in her composition on the day of the leading though of the referendum on the Constitution of the Chechen Republic realizes authority until expiration of the term for which she was formed.
(6) The present Constitution of the Chechen Republic is accepted on the basis of federal laws and published in accordance to the acts of the President of the Russian Federation.
(7) The elections for President of the Chechen Republic shall be held no sooner than six months from the moment of adoption of the present Constitution.
(8) Elections for the first composition of the chambers of Parliament of the Chechen Republic are to be held no sooner than 3 months from the moment of the election of the President of the Chechen Republic.
(9) The President of the Chechen Republic and the chambers of the Parliament of the Chechen Republic of the first convocation shall be elected on the basis of federal laws and acts of the President of the Russian Federation as well as on the basis of laws of the Chechen Republic adopted in the referendum of the Chechen Republic simultaneously with the voting on the Constitution of the ChechenRepublic. Amendment of laws, accepted through referendum in the Chechen Republic at the same time as voting for the Constitution of the Chechen Republic, is done in the sequence foreseen for making changes in the laws of the Chechen Republic.
(10) The President of the Chechen Republic, first elected in accordance with the federal law and present Constitution, enters into office on the tenth day from the day of the official publication by the election committee of the Chechen Republic of the general results of the election of the President of the Chechen Republic.
For methodology see:
Comparing Constitutions and International Constitutional Law.
©
1994 - 27.6.2020
/ For corrections please contact
A. Tschentscher.