Adopted by referendum on: ۲۷ March ۲۰۰۳
Constitution of the Chechen Republic
[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.
Section ۱
Chapter ۱ Fundamentals of the Constitutional Structur/System
Article ۱ (Chechen republic٫ R.F. ۱)
(۱) 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٫ execccutive and judicial) outside of the jurisdiction of the
Russian Federation and outside the authority over objecttts of shared
jurisdiction between the Russian Federation and the Chechen Republic٫ and is to
be an inalienable part of the Chechen Republic.
(۲) The territory of the Chechen Republic is one and indivisible and forms an
inalienable part of the territory of the Russian Federation.
Article ۲ (The Multinational People٫ R.F. ۳)
(۱) The only source of power in the Chechen Republic within the scope of its
jurisdiction is to be its multinational people.
(۲) The people exercise their power directly٫ as well as through bodies of
state power and local self-government.
(۳) The supreme direct expression of the authority of the people is the
referendum and free elections.
(۴) Establishment of authoritarian rule or conquest of power is intolerable and
will be prosecuted through to the law.
Article ۳ (Protection of Human Rights٫ R.F. ۲٫ ۷)
(۱) 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.
(۲) 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 ۴ (Separation of Powers٫ R.F. ۱۰)
(۱) State Power in the Chechen Republic is exercised on the basis of a division
between the legislative٫ execccutive and judicial branches. The bodies of the
legislative٫ execccutive and judicial powers are independent.
(۲) 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 execccutive bodies of
government power and established federal laws.
Article ۵ (State Power٫ R.F. ۱۱)
(۱) 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.
(۲) 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 ۶ (Supreme Law٫ R.F. ۱۵)
(۱) The Constitution and laws of the Chechen Republic have direct
effect over objecttts 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 objecttts of authority of the Chechen Republic٫ the
regulatory acts of the Chechen Republic have direct effect. Over objecttts
exclusively under the authority of the Russian Federation٫ and also objecttts
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.
(۲) 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.
(۳) 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.
(۴) 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.
(۵) 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 ۷ (Local Self Government٫ R.F. ۱۲)
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 ۸ (Political Plurality٫ R.F. ۱۳)
(۱) In the Chechen Republic ideological and political diversity and a
multi-party system is recognized.
(۲) No ideology is allowed to infringe on the quality of government or its
tasks.
(۳) Parties٫ organizations٫ both public and otherwise٫ are equal under the law.
(۴) It is forbidden to createee 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 paramilitary
units which are not provided for by the Constitution of the Russian Federation
and federal laws.
Article ۹ (Economic Guarantees/ Natural Resources٫ R.F. ۸٫ ۹)
(۱) The Chechen Republic is committed to the same form of defense of
governmental٫ municipality٫ sectional and other forms of property.
(۲) 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.
(۳) 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 ۱۰ (State Language٫ R.F. ۶۸)
(۱) The official languages for governmental usage are the Chechen and the
Russian languages.
(۲) The language of inter-ethnic intercourse and official document flow in the
Chechen Republic is the Russian language.
(۳) The status of official languages is established through Federal and
Republican laws.
Article ۱۱ (Secularity of the State٫ R.F. ۱۴)
(۱) The Chechen Republic is a secular state. No religion is allowed to
determine matters of government or its obligations.
(۲) Religious organizations are separate from government and equal under the
law.
Article ۱۲
Every 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 ۱۳ (Constitutional System٫ R.F. ۱۶)
(۱) 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.
(۲) 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.
Chapter ۲ Rights and Liberties of Individuals and Citizens
Article ۱۴ (Basic Rights and Liberties٫ R.F. ۱۷)
(۱) The Chechen Republic acknowledges and guarantees the rights and liberties
of individuals and citizens in accordance with the
Constitution 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.
(۲) Basic rights and liberties of human beings are inalienable and they belong
to everyone at birth. (۳) The exercising of rights and liberties of individuals
and citizens may not violate the rights and liberties of other persons.
Article ۱۵ (Direct Effect٫ R.F. ۱۸)
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 execccutive branches as well as the local self-government and
they are secured by the judiciary.
Article ۱۶ (Equality٫ R.F. ۱۹)
(۱) All are equal before the law and in the courts of law.
(۲) 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.
(۳) Man and woman have equal rights and liberties and the same opportunities
for their realization.
Article ۱۷ (Life٫ R.F. ۲۰)
Everyone has the right to life. No-one is allowed to arbitrarily take away
life.
Article ۱۸ (Human Dignity٫ R.F. ۲۱)
(۱) The dignity of persons is safeguarded by the state. Nothing may be the
basis for its belittling.
(۲) 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 ۱۹ (Personal Freedom٫ R.F. ۲۲)
(۱) Everyone has the right to freedom and personal inviolability. No-one is
allowed to be kept in slavery.
(۲) Arrest٫ detention and keeping in custody are only allowed with judicial
approval.
Article ۲۰ (Privacy٫ R.F. ۲۳)
(۱) 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.
(۲) 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 ۲۱ (Data Protection٫ R.F. ۲۴)
(۱) Collection٫ storage٫ utilization and dissemination of information about the
private life of individuals is not allowed without their prior consent.
(۲) 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 ۲۲ (Home٫ R.F. ۲۵)
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 ۲۳ (National Identity٫ Native Language٫ R.F. ۲۶)
(۱) Everyone has the right to determine and indicate his/ her national
affiliation. No-one shall be coerced in defining his/ her national affiliation.
(۲) Everyone has the right to use his/ her own language٫ to freely chose the
language of communication٫ education٫ training and creative works.
Article ۲۴ (Residence٫ R.F. ۲۷)
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 ۲۵ (Belief٫ Religion٫ R.F. ۲۸)
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 ۲۶ (Expression٫ R.F. ۲۹)
(۱) Everyone has the right to freedom of thought and speech.
(۲) 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.
(۳) No-one may be coerced into expressing one”s views and convictions or
into renouncing them.
(۴) Everyone has the right to search٫ obtain٫ hand over٫ produce and
disseminate information using different lawful means.
(۵) Freedom of information is guaranteed. Censorship is prohibited.
Article ۲۷ (Association٫ R.F. ۳۰)
(۱) 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.
(۲) No-one may be coerced into joining any organization or be forced to remain
in them.
Article ۲۸ (Assembly٫ Demonstration٫ R.F. ۳۱)
Citizens have the right to gather peacefully٫ without weapons٫ and to hold
meetings٫ rallies٫ demonstrations٫ marches and pickets.
Article ۲۹ (Participation٫ R.F. ۳۲)
(۱) 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.
(۲) 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.
(۳) 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.
(۴) Citizens of the Chechen Republic have equal access to governmental and
municipal services.
(۵) Citizens of the Chechen Republic have the right to participate in the
administration of justice.
Article ۳۰ (Petitions٫ R.F. ۳۳)
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 ۳۱ (Property Rights٫ R.F. ۳۴)
(۱) Everyone has the right to freely use his/ her abilities and property for
entrepreneurial and other activities not prohibited by the law.
(۲) Economical activities aimed at monopolization or unfair competition are not
allowed.
Article ۳۲ (Private Property٫ R.F. ۳۵)
(۱) The right of private property is guaranteed under the law.
(۲) 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.
(۳) 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.
(۴) The right of heritage is guaranteed.
Article ۳۳ (Land Ownership٫ R.F. ۳۶)
(۱) Citizens and their associations have the right to own land.
(۲) 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.
(۳) The terms and procedures for the use of land are determined on the basis of
federal laws.
Article ۳۴ (Work ٫ R.F. ۳۷)
(۱) There is freedom of labor. Everyone has the right to earn for
themselves a living٫ has the freedom to use their skills٫ and to freely choose
the nature of his/ her activities and professions. (۲) Forced labor is
prohibited.
(۳) 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.
(۴) The right is acknowledged for individual and collective labor disputes to
be resolved using established federal law. (۵) 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 ۳۵ (Children٫ Family٫ R.F. ۳۸)
(۱) Motherhood٫ childhood٫ and family fall under the protection of the state.
(۲) Care for children and their upbringing is equally the right and obligation
of the parents.
(۳) Children٫ able to work٫ who have reached the age of ۱۸ years٫ are obliged
to take care of their parents.
(۴) Recognized traditions and customs of the peoples of the Chechen Republic٫
respect for elders٫ women٫ people of different religious convictions٫
hospitality٫ mercy – charrrity٫ are protected through the Constitution and
laws of the Chechen Republic.
Article ۳۶ (Social Security٫ R.F. ۳۹)
(۱) 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.
(۲) State pensions and social benefits are determined in accordance with
federal laws and the laws of the Chechen Republic.
(۳) Arrangement of voluntary social insurance and the creation of additional
forms of social security and charrrity is encouraged.
Article ۳۷ (Housing٫ R.F. ۴۰)
(۱) Everyone has the right to housing. No-one may be arbitrarily deprived of
housing.
(۲) Bodies of state power and bodies of local self-government will encourage
housing construction and will createee the conditions for realization of the
right to housing.
(۳) 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
charrrge or for a reasonable price by the government٫ the municipality or
other housing funds in accordance with norms established under the law.
Article ۳۸ (Healthcare٫ R.F. ۴۱)
(۱) Everyone has the right to healthcare and medical assistance. Medical
assistance in governmental and municipality health care institutions will be
free of charrrge for citizens on account of funds from the relevant budgets٫
insurance payments or other available means.
(۲) 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.
(۳) Concealment of personal facts and circumstances٫ which createee a threat
to the life and health of other people٫ falls under the responsibility of the
individual in accordance with federal law.
Article ۳۹ (Environment٫ R.F. ۴۲)
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 ۴۰ (Education٫ R.F. ۴۳)
(۱) Every citizen has the right to education.
(۲) The accessibility and gratuity of pre-school٫ basic general and secondary
vocational education at state or municipal educational institutions is
guaranteed.
(۳) Everyone has the right to compete for free receiving of the highest
education at state and municipal educational institutions.
(۴) Basic general education is obligatory. Parents or people substituting for
them are responsible for ensuring that their kids receive general education.
(۵) The Chechen Republic٫ within the limits of Republican competence٫ decides
on questions of regional education.
Article ۴۱ (Arts٫ Sciences and Culture٫ R.F. ۴۴)
(۱) 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.
(۲) Everyone has the right to participation in cultural life and enjoyment of
cultural achievements٫ and to access to cultural treasures.
(۳) Everyone has the responsibility to care for the historical and cultural
heritage and for the conservation of historical and cultural monuments.
Article ۴۲ (State Protection٫ R.F. ۴۵)
Everyone is entitled to defend his/ her rights and liberties by any means not
prohibited by the law.
Article ۴۳ (Legal Protection٫ R.F. ۴۶)
(۱) Everyone is guaranteed judicial protection of his rights and liberties in a
court of law.
(۲) 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 ۴۴ (Access to the Courts٫ R.F. ۴۷)
(۱) No-one may be denied the right to have his/ her case be heard in court and
before judges under whose jurisdiction the given case
falls under the law.
(۲) 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 ۴۵ (Counsel٫ R.F. ۴۸)
(۱) 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 charrrge.
(۲) 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 ۴۶ (Innocence٫ R.F. ۴۹)
(۱) Everyone charrrged 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.
(۲) The defendant is not obliged to prove his/ her own innocence.
(۳) Insurmountable doubt with regard to the guilt of a person can only be to
the advantage of the defendant.
Article ۴۷ (Ne Bin In Idim٫ R.F. ۵۰)
(۱) No-one may be convicted repeatedly for one and the same offense.
(۲) For realizing justice it is not allowed to use evidence obtained in
violation of federal law.
(۳) 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 ۴۸ (Right to Remain Silent٫ R.F. ۵۱)
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 ۴۹ (Victims٫ R.F. ۵۲)
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 ۵۰ (Compensation٫ R.F. ۵۳)
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 ۵۱ (Retroactive Laws٫ R.F. ۵۴)
(۱) Laws that aggravate the liability of a person cannot be applied
retrospectively.
(۲) 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 ۵۲ (Limits on Restrictions٫ R.F. ۵۵)
(۱) 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.
(۲) Laws that deny or belittle rights and liberties of individuals or citizens
may not appear in the Chechen Republic.
(۳) 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 ۵۳ (Restrictions٫ R.F. ۵۶)
(۱) 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.
(۲) 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 ۵۴ (Duty to Pay Taxes٫ R.F. ۵۷)
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 ۵۵ (Duty to Protect the Environment٫ R.F. ۵۸)
Everyone is obliged to preserve nature and prevent damages٫ as well as to be
careful with removing natural riches.
Article ۵۶ (Military Service٫ R.F. ۵۹)
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 ۵۷ (Legal Age٫ R.F. ۶۰)
Citizens are allowed to realize their rights and obligations independently and
fully at the age of ۱۸٫ if not determined differently by law.
Chapter ۳ Organization of the Government of the Chechen Rebpulic
Article ۵۸
The 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
objecttts of authority and competencies between bodies of the execccutive
power of the Chechen
Republic and federal bodies of execccutive power as well as about the transfer
to each other of parts of their authority.
Article ۵۹ (Territories/ Regions٫ Republics٫ R.F. ۶۵٫ ۶۶٫ ۶۷)
(۱) 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.
(۲) Borders between the Chechen Republic and other subjects of the Russian
Federation can only be changed by mutual consent.
(۳) Borders of the Chechen Republic with foreign states are to be state border
of the Russian Federation٫ which status is established by federal law.
(۴) 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.
(۵) 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٫ charrroiski٫ Chatoiski and Chelkovskoi.
The capital of the Chechen Republic is to be the city of Grozny.
Article ۶۰ (Joint Jurisdiction٫ R.F. ۷۲)
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 the
notaries;
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 ۶۱ (Regional Jurisdiction ٫ R.F. ۷۳)
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 execccutive 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 ۶۲ (Flag٫ Emblem٫ Anthem٫ R.F. ۷۰)
The state flag٫ state emblem and anthem of the Chechen Republic٫ their
descriptttion and procedures for their official use are established by laws of
the Republic.
Chapter ۴ President of the Chechen Rebpulic
Article ۶۳ (Head of State٫ R.F. ۸۰)
The President of the Chechen Republic is the chief execccutive of the Chechen
Republic and heads the execccutive power of the Chechen Republic.
Article ۶۴ (Oath٫ R.F. ۸۲)
(۱) 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”.
(۲) 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 ۶۵ (Term٫ Election٫ R.F. ۸۱.۱)
The President of the Chechen Republic is elected by citizens of the Chechen
Republic who have attained to the age of ۱۸ 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 ۶۶ (Term٫ Election٫ R.F. ۸۱.۲)
Citizens of the Russian Federation not younger than ۳۰ years of age can be
elected President of the Chechen Republic.
Article ۶۷ (Term٫ Election٫ R.F. ۸۱.۳)
(۱) 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.
(۲) 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 ۳۰th 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 ۶۸
In 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 execccutive 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 ۶۹
The 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 ۷۰ (Powers٫ R.F. ۸۳)
(۱) The President of the Chechen Republic directly or through bodies of the
execccutive 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.
(۲) 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 execccutive 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) in
cases 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 objecttts 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 execccutive 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 execccutive 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.
(۲) The President of the Chechen Republic proclaims decrees and ordinances.
(۳) Decrees and ordinances of the President of the Chechen Republic are to be
applied on all of the territory of the Chechen Republic.
Article ۷۱
The 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 execccutive decrees and orders of the President of the Russian
Federation٫ and decisions and orders of the government of the Russian
Federation.
Article ۷۲ (Impeachment٫ R.F. ۹۳)
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 ۷۳ (Impeachment٫ R.F. ۹۳)
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 ۷۴ (Impeachment٫ R.F. ۹۳)
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 ۷۵ (Impeachment٫ R.F. ۹۳)
(۱) 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.
(۲) Decisions of the President of the Russian Federation about removal of the
President of the Chechen Republic lead to the automatic discharrrge of the
Government of the Chechen Republic.
Article ۷۶
In all cases٫ when the President of the Chechen Republic is unable to fulfill
his obligations٫ these duties shall temporarily be discharrrged by the
Chairman of the Government of the Chechen Republic.
Article ۷۷ (Impeachment٫ R.F. ۹۳)
(۱) 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.
(۲) 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.
Chapter ۵ The Parliament of the Chechen Rebpulic
Article ۷۸ (Supreme Legislative Body٫ R.F. ۹۴٫ ۹۵)
(۱) The Parliament of the Chechen Republic is the continually acting supreme
and sole legislative (representative) body of state power of the Chechen
Republic.
(۲) The Parliament of the Chechen Republic consists of two chambers – the
Council of the Republic and the People”s Assembly.
Article ۷۹ (Two Chambers٫ R.F. ۹۵)
(۱) The Council of the Republic consists of ۲۱ 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.
(۲) The People”s Assembly consists of ۴۰ deputies elected directly on the
basis of direct suffrage by secret ballot.
(۳) 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 ۸۰ (House of Representatives٫ Eligibility٫ R.F. ۹۶٫ ۹۷)
(۱) Deputies of the Parliament of the Chechen Republic are elected
for 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.
(۲) Deputies of the Parliament of the Chechen Republic are to be chosen from
citizens of the Russian Federation over the age of ۲۱ years as of the voting
day.
(۳) 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.
(۴) 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.
(۵) 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.
(۶) 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.
(۷) For the period of their authority deputies of the Chechen Republic possess
immunity in accordance with the federal law.
Article ۸۱
Deputies 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 ۸۲ (Separation of Chambers٫ R.F. ۹۹٫ ۱۰۰٫ ۱۰۱)
(۱) 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.
(۲) 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.
(۳) The Parliament of the Chechen Republic is first summoned by the election
committee no later than ۱۵ days after the election.
(۴) 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.
(۵) 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.
(۶) 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.
(۷) 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 ۸۳
(۱) 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 execccutive 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 execccutive 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.
(۲) 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.
(۳) 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 ۸۴
The 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 execccutive power in the Chechen
Republic and the order of formation of these indicated body”s;
m) approves agreements about changing the borders of the Chechen
Republic;
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 ۸۵
The 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 ۸۶
The 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 ۸۷
The 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 execccution 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 ۸۸
(۱) 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.
(۲) 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.
(۳) 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 the
budget 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 ۸۹
(۱) 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.
(۲) 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.
(۳) 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.
(۴) 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 ۹۰
(۱) 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 ۱۴ days. Not reviewing of laws of the Chechen
Republic within the set period is considered approval by the Council of the
Republic.
(۲) Laws accepted by the people”s assembly dealing with matters as foreseen
in points “a”٫ “e”٫ “f”٫ “g”٫ “h”٫ “k” and “m” of Article ۸۴ of the present
Constitution are subject to an obligatory review by the Council of the
Republic.
(۳) 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.
(۴) 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 ۱۴ 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.
(۵) 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 ۱۴ calendar days before entering into
law.
(۶) The Constitution of the Chechen Republic and laws of the
Republic٫ as well as decisions of the chambers of Parliament of the Chechen
Republic with a normative charrracter 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.
(۷) 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 ۹۱
(۱) 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.
(۲) 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.
۳) 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.
Chapter ۶ Bodies of execccutive Power of the Chechen Republic
Article ۹۲
(۱) The Government of the Chechen Republic is to be the perpetually highest
active execccutive body of governmental power in the Chechen Republic.
(۲) In the Government will be represented its head٫ his/ her replacements٫ and
ministers.
(۳) 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.
(۴) The Government of the Chechen Republic possesses the rights of a legal
person and is able to take a coat of arms.
(۵) Financing of the Government of the Chechen Republic and also of the bodies
of execccutive power of the Chechen Republic comes from the accounts of the
budget of the Chechen Republic as foreseen in a
separate Article.
Article ۹۳
(۱) 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.
(۲) 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 execccutive budget of the Chechen Republic٫ prepares a
calculation for the execccutive budget and reports about the execccution 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 execccutive 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
execccutive 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
execccutive power٫ as foreseen in Article ۷۸ of the Constitution of the
Russian Federation.
Article ۹۴
(۱) 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.
(۲) Acts of the Government of the Chechen Republic are not allowed to
contradict the Constitution of the Russian Federation٫ federal law٫ objecttts
accepted to be falling within the authority of the Russian Federation and
objecttts of shared authority of the Russian
Federation 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 ۹۵
The 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.
Chapter ۷ Judicial Power٫ Public Prosecutor٫ Lawyers٫ and Notary
Article ۹۶ (Administration of Justice٫ R.F. ۱۱۸)
(۱) 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.
(۲) Judicial power is realized by means of the Constitution and civil٫
administrative and criminal judicial procedures.
(۳) 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.
(۴) No other body٫ official or other person has the right to take for himself
the function of the judicial power.
Article ۹۷
(۱) 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.
(۲) 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.
(۳) 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 ۹۸
(۱) 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.
(۲) 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 by
federal law.
(۳) Courts are inviolable٫ they cannot be summoned to answer otherwise than in
the order established in federal law.
Article ۹۹
(۱) 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.
(۲) 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 ۱۰۰
(۱) 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
execccutive power of the Chechen Republic٫ and of bodies of the local self-
government of the Chechen Republic to the Constitution of the Chechen Republic.
(۲) 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;
(۳) Financing of the Constitutional Court of the Chechen Republic comes from
the Republican budget.
(۴) The Constitutional Court of the Chechen Republic reviews questions in the
order as established in the laws of the Chechen Republic.
(۵) Decisions of the Constitutional Court of the Chechen Republic٫ adopted
within the boundaries of its authority٫ cannot be overturned by other courts.
(۶) 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 ۱۰۱
(۱) 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.
(۲) The courts of arbitration within the boundaries of their
competence review civil٫ administrative and criminal cases as court of first
instance.
(۳) Legal participation and obligations of the courts of arbitration are based
on and abolished by the laws of the Chechen Republic.
Article ۱۰۲
Authority٫ 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 ۱۰۳
(۱) 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.
(۲) Authority٫ organization and order of activities of bodies of the public
prosecutor is to be determined by federal law.
Article ۱۰۴
(۱) 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.
(۲) 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 ۱۰۵
Lawyers 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 ۱۰۶
The 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.
Chapter ۸ Local Self-Government
Article ۱۰۷ (Local Self-Government٫ R.F. ۱۳۰)
(۱) 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..
(۲) 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 ۱۰۸
(۱) 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.
(۲) 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 ۱۰۹
(۱) 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.
(۲) 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 ۱۱۰ (Powers٫ R.F. ۱۳۲)
(۱) Bodies of local self-government are independent to manage municipal
property٫ to form٫ approve and execccute the local budget٫ establish local
taxes and levies٫ ensuring law and order٫ as well as decide other questions of
local significance.
(۲) 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 ۱۱۱ (Compensation٫ R.F. ۱۳۳)
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.
Chapter ۹ Constitutional Amendment and Revision
Article ۱۱۲
(۱) The Constitution of the Chechen Republic is adopted by a referendum of the
Chechen Republic.
(۲) 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 of
the 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.
(۳) 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.
(۴) 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 ۴ – ۷ 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.
(۵) 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.
(۶) In case of alteration of the name of the administrative-
territorial unity of the Chechen Republic her new name is to be subjected to
insertttion into the Constitution of the Chechen Republic by decree of the
President of the Chechen Republic.
Section ۲ Conclusive and Transitional Conditions
[Article ۰]
(۱) 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.
(۲) 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.
(۳) 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 Chechen
Republic٫ 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.
(۴) 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.
(۵) 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.
(۶) 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.
(۷) 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.
(۸) Elections for the first composition of the chambers of Parliament of the
Chechen Republic are to be held no sooner than ۳ months from the moment of the
election of the President of the Chechen Republic.
(۹) 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
Chechen
Republic. 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.
(۱۰) 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.