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Constitution

The Constitution of Chechen Republic Ichkeria

chechen

Adopted on: 12 March 1992

Preamble
By the will of the Most High the people of Chechen Republic expressing an aspiration of Chechen people, being guided by ideas of humanism and purpose of creation of social-fair society, proceeding from the high responsibility before present and future generations of our compatriots, respecting the rights and interests of all nations and peoples, proclaiming Chechen Republic as an independent sovereign state and recognizing itself as equal in rights subject in the system of world commonwealth of nations, accepts the present Constitution and considers it henceforth as main Law of the society and state.

Section 1. Basis of the Constitutional System

Article 1.

The Chechen Republic is a sovereign democratic legal state created as a result of the self-determination of the Chechen people. It has the supreme right concerning its territory and national wealth; independently determines its external and internal policy; adopts the Constitution and laws that govern its territory. The State sovereignty of the Chechen Republic is indivisible.

Article 2.

The people of the Chechen Republic is the only source of all the authority in the state. The people execute its sovereign authority directly and through a system of organs of the legislative, executive and judicial authority established by them, as well as through self-government.

No one part of the people, no one organization or individual can own the power in the state. The illegal capture of the power is a horrendous crime.

The elections of the representative organs is conducted on the basis of the all-inclusive, equal and direct voting rights with free nomination of the candidates and private voting.

The term of the service of any elective office and elected official, as well as the procedure of the formation of the executive and judicial organs are determined by the Constitution and the laws.

Article 3.

A person is the highest value and the main purpose of the policy of the state. The Chechen Republic respects and protects the human rights, provides equal opportunities for free development of the person, guarantees social fairness and protection of the person.

The human rights in Chechen Republic are provided in accordance with the universally accepted principles and norms of the international law.

Article 4.

The state, its organs and its officials serve the entire society, not just a part of it. It promotes the consolidation of all the social layers and groups, nations and peoples of the Chechen Republic on the basis of social fairness, civil harmony and peace. The democracy in the Chechen Republic is realized on the basis of the political and ideological pluralism.

No ideology can be established as the official ideology.

Parties and other public associations are created and function within the framework of the Constitution.

Political parties and other public associations that propagate race, national, social, religious and class hostilities, call to the violence and eradication of the constitutional system, are forbidden.

The creation and activity of political parties in the state organs, the Armed Forces, as well as at the state enterprises and at the educational establishments is not allowed.

Decisions of any party organizations can not have an obligatory power for any of the state organs, state institutions, organizations and enterprises, their employees while performing their official duties.

The religious associations are separated from the State, independently operate their business and act independently of its organs. The state supports the socially beneficial activities of religious associations.

The law determines the procedure of the registration of public and religious associations, as well as of the political parties and movements. Political parties and movements, public and religious associations registered in accordance with the order established by the Law have the rights of a legal entity, freely use and manage their facilities, other property and funds.

It is the duty of all the citizens, public associations and the mass media to strengthen the authority of the State, to respect its attributes and symbols.

Article 5.

The state, all its organs and officials are bound by the law and the constitutional system. The superiority of the Constitution and the laws over all other normative documents is provided in Chechen Republic. Laws and other legal documents that contradict the clauses of the Constitution does not have a legal power. The normative documents that have not been officially published for general information are not binding for the citizens and are not used by the Courts. The norms of the Constitution have a direct action.

The legislative, executive and judicial authorities are separated in Chechnya and within the framework of their authority act independently, interacting among themselves and balancing each other.

Article 6.

In its external policy, the Chechen Republic, respecting the rights and freedom of peoples, is guided by the universal principles and norms of the international law. It aims to the universal and fair peace based on generally accepted human values; to the intimate, businesslike and mutually beneficial cooperation with all the countries.

Moving for the expansion of the international community based on the domination of the law, the Chechen Republic can become a member of international organizations, systems of the collective security, interstate formations.

Article 7.

The mass media is free from censorship. Conducting their activities in the conditions of openness, they are responsible for any infringement of the Constitution and the laws.

Monopolization of the mass media by the state organs, public associations, political parties, groups and individuals is prohibited.

The order of establishing units of the mass media, there rights and obligations, and also their responsibilities is established by the law.

Article 8.

The economic freedom of the citizens and labor collectives, the variety of the ownership forms and the equal conditions for their legal protection are guaranteed in the Chechen Republic. Proceeding from the public interests, the law establishes limits of the freedom of economic activity of the citizens and labor collectives.

Article 9.

The property in the Republic is divided into the private property and the state property. The land, its depths, the air space, water, fauna and flora in their natural condition are integral property of the people of the Chechen Republic. Granting the land to the citizens, enterprises, establishments and organizations for possession and use is executed pursuant to the Law in view of public needs and interests.

The legal regime of kinds and forms of the ownership is established by the Law.

Article 10.

The private property of the citizens of the Chechen Republic is their personal possession and is used on their discretion.

The functioning of private enterprises belonging to one person or a group of persons is executed pursuant to the Law.

In public interests, the law can forbid or limit the activity of separate kinds of the private enterprises.

Article 11.

The state takes necessary measures for the protection of the land, its depths and the environment for the interests of the protection of the health of the people and the maintenance of the normal conditions of their life.

Article 12.

The Chechen Republic executes a human demographic policy, the protection of maternity and childhood, renders the necessary aid to a family as the basic social unit of society, provides it with guaranteed minimum wage for living.

The children are under a permanent social protection of the society. The state is responsible for satisfying the needs of the society in the children’s pre-school establishments, recreational places, and displays a special care in protection of the health of the children.

Article 13.

The Chechen Republic carries out an active youth policy, directed towards providing the young people the conditions for obtaining a general and professional education, the work places for young people pursuant to their callings, abilities, level of their education and in view of public needs.

The state develops and executes programs of support of young families, assists in obtaining the housing accommodations by them on privileged terms.

The state organs interact with youth organizations in deciding the questions of the political life, takes their opinion into account in the development of socioeconomic, ecological and other programs.

Article 14.

The systems of free, qualified public healthcare, social maintenance, public education, culture and sports are perfected in the Chechen Republic. The state directs the necessary financial and material resources for these purposes.

Article 15.

The Chechen Republic cares for the development of science, art, literature, public creativity, creates the conditions for the rise of intellectual, spiritual and moral levels of the population.

The state does not allow the distribution of products and types of activities that undermine the moral principles of the society.

Article 16.

The most important questions of the state life are submitted to the national discussion, as well as put on national voting (referendum).

 

Section 2. The Rights, Freedom, and Responsibilities of the Citizens

Article 17.

The Chechen Republic recognizes natural and inalienable rights of each citizen. The Chechen Republic guarantees and protects these rights, provides execution of the responsibilities by the citizens. The rights, freedom and responsibilities of the citizens of the Chechen Republic can not be canceled or limited, and the responsibilities are arbitrarily extended by any other documents and actions.

Any legislative documents belittling or limiting lawful rights and freedom of the citizens do not have lawful power.

Article 18.

The rights, freedom and responsibilities of the citizens of the Chechen Republic are established and executed pursuant to the obligations of Chechen Republic under the international contracts and agreements.

Article 19.

The citizen and the state are bound by the mutual rights and responsibilities.

The state organs and officials are obligated to provide and protect the rights and freedom of the citizens, to encourage public legal protection activity.

Article 20.

The rights of the citizens are inseparable from their responsibilities. A citizen acts freely in accordance with his or her rights and responsibilities. He or she can not, at the same time, infringe the rights and lawful interests of other citizens, damage the state and public safety, the law and order and the moral principles of the society.

Article 21.

All citizens of the Chechen Republic are equal before the Law and Court, have equal right to protection irrespective of nationality, race, social origin, gender, language, relation to religion, place of residence, occupation, property status, political and other beliefs, party affiliation and other circumstances.

The equality of the citizens is provided in all areas of the state and public life. Privileges of separate social layers, groups of the population, separate individuals, as well as discrimination of the citizens under any motives contradict with societal justice and are subject to elimination in accordance with the Law.

The privileges and advantages of any groups of citizens can be established only by the Law.

Article 22.

A woman and a man have equal rights and freedom.

Article 23.

Equality of the citizens of various nationalities is guaranteed. Direct or indirect restriction of the rights or establishment privileges and advantages on national attributes is punished by the Law. The state provides protection of the rights of national minority.

Article 24.

There is established a uniform citizenship in Chechen Republic.

Basis and the procedures of grant and termination of citizenship is established by the law.

The citizen of Chechen Republic can not be deprived citizenship and right to change the citizenship.

The citizen of Chechen Republic can not be sent out of limits of the republic. The republic protects the rights and patronize citizens out of its limits.

Article 25.

To the foreign citizens and persons without citizenship located on the territory of Chechen Republic are provided rights and freedom pursuant to the Constitution of Chechen Republic and norms of the international right. The foreign citizens and person without citizenship are obliged to respect and to observe the Constitution and laws of Chechen Republic. They can enjoy the right of political sanctuary.

The order and the conditions of granting political sanctuary are determined by the Law.

Article 26.

The citizens of Chechen Republic have the right to labor. The compensation of the worker for labor is established by the agreement of the parties and can not be below officially established living wage. The state takes measures on maintenance of employment of the population, executes the programs of professional training and preparations, training for a new profession of the worker in view of social needs.

Compulsory labor is forbidden except cases stipulated by the Law.

Article 27.

The citizens of Chechen Republic have the right to the private property. The private property is sacred and inviolable. The inviolability of the private property of the citizens and right its heritage is guaranteed by the Legislation.

Article 28.

The citizens Chechen Republic have the right to entrepreneurship activity, to creation of individual, family, collective, joint-stock and other enterprises with the purposes of satisfaction of economic needs.

Article 29.

The right of the citizens of Chechen Republic for rest is provided for workers and employees by establishment of working week not exceeding by 40 hours, annual paid leaves by duration not less than 24 working days, holiday and weekly days off, reduced working day for a number of trades and manufactures, as well as other warranties fixed in the Legislation.

Article 30.

The citizens of Chechen Republic have the right to protection of health, charge-free use state medical establishments, as well as paid medical service rendered by establishments of public health services, The state takes measures directed on increase of quality of medical service.

Article 31.

The citizens of Chechen Republic have the right to dwelling; can purchase in the ownership or constantly use housing accommodation in houses of state, public and private housing fund.

Nobody can be arbitrary deprived from the dwelling.

Article 32.

The citizens of Chechen Republic have the right to get general and special education at schools and educational establishments of various type. The availability of all kinds of education is guaranteed by the state.

Article 33.

The citizens of Chechen Republic have the right to social maintenance in old age, at physical inability, in case of unemployment, illness, loss of the supporter. The pensions, allowances and other kinds of the social help should provide a level of life of the citizens not below established living wage.

Article 34.

The citizens of Chechen Republic have the right to favorable environment.

The damage caused to citizen, his health or property by wrongful actions in the area of nature utilization is liable to compensation.

Article 35.

The citizens of Chechen Republic have the right to use achievement of culture.

Care of preservation of historical monuments and other objects having cultural value is obligation of the citizen of Chechen Republic.

Article 36.

Freedom of art, scientific and technical creativity is guaranteed to the citizens of Chechen Republic. The copyrights of the citizens and the right of the intelligent property is protected by the state.

Article 37.

The citizens of Chechen Republic are obliged to pay the state taxes in the order and sizes established by the Law.

Article 38.

Chechen Republic recognizes and respects the right of each person to life.

Nobody can be deprived life. The capital punishment is an exclusive measure of punishment for especially heinous crimes is applied only under the sentence of the court.

Protection against any encroachments of life, health, personal safety is guaranteed to the citizens.Nobody should be subjected medical and scientific experience without his consent.

Article 39.

Any interference in a sphere of personal life is unlawful.

The person deprived freedom has the right to the human reference attitude. Nobody should be put to torture, inhuman or treatment humiliating his dignity. The proofs obtained by illegal way are recognized as invalid.

Article 40.

The person is inviolable. Nobody can be put in jail or to be contained under arrest otherwise as on the basis of the judicial decision or sanction of the procurator.

Each citizen made answerable for crime is considered innocent so long as his innocence will not be established by the Court.

Article 41.

Secret of correspondence, telephone conversations, telegraphic and other messages is guaranteed to the citizens of Chechen Republic.

The exceptions are allowed only in cases and order stipulated by the Law.

Article 42.

Inviolability of dwelling is guaranteed to the citizens of Chechen Republic. It is forbidden to enter in dwelling against will of the persons living therein, to search or survey otherwise as in cases and order stipulated by the law.

Article 43.

Freedom of conscience is guaranteed. The citizens of Chechen Republic have the right to profess any religion or profess no one, to execute religious ceremonies and to conduct any other religious activity not contradicting the Law.

Nobody can be free of responsibilities in relation to the state or to refuse observance of the laws on motives of religious belief. If the military service contradicts religious belief of the citizen it can be replaced by fulfillment of the alternate civil responsibilities. The order and condition of such replacement is established by the Law.

Article 44.

The family, maternity and childhood are under protection of the state. The marriage is based on the voluntary consent of man and woman. Spouses are equal in rights in the family relations.

Order and conditions of the contract and cancellation of marriage, right and the responsibilities of spouses are determined by the Law.

Article 45.

In limits of Chechen Republic freedom of movement, choice of a place of stay and residence, as well as right of departure and entrance in Chechen Republic is provided.

These rights can be limited in exclusive cases on the basis stipulated by the Law.

Article 46.

The citizens of Chechen Republic have the right to appeal against actions of the state ‘and public bodies, their officials. The complaints should be considered in the order and terms established by the Law.

The citizen has the right to appeal in court concerning wrongful action of state and public bodies and their officials that infringing his rights.

The citizens of Chechen Republic have the right to indemnification of moral and material damage caused by illegal actions of the state, state and public bodies, as well as officials in execution of their official duties.

Article 47.

The citizens of Chechen Republic have the right to participate in management of the state and public business both directly and through representatives. The citizens participate in discussion of the Laws and decisions of nation-wide and local significance, as well as in referendums.

The right to the initiative and independence is provided to the citizens of Chechen Republic in realization of legal personal and collective interests, joint business management and joint protection of rights within the framework of the Constitution and Laws of Chechen Republic.

Article 48.

Each citizen of Chechen Republic has the right to the information on situation in all spheres of the state, public and international life, as well as on the rights of legal interests and duties of the citizen.

The responsibility for hindering of realization of the right of the citizens on the information and causing damage in publication of the Laws is established by the Law.

Distribution of the information containing the state or other secret protected by the law is not allowed.

Article 49.

Freedom of a press, right to use the state radio and TV are guaranteed to the citizens of Chechen Republic in order established by the Law. The state provides access of the citizens to mass media.

Article 50.

Freedom of speech, opinions, belief, their unobstructed expression and distribution is provided to the citizens of Chechen Republic.

Nobody can be subjected prosecutions for belief. Public call-ups to forcible upheaval of constitutional system or to its change by way contradicting to the Constitution of Chechen Republic, to terrorism are forbidden; stir up the social, class, national and religious hatred, insult of honor and dignity of the citizens.

Article 51.

Freedom of assemblies, meetings, procession and demonstrations is provided to the citizens of Chechen Republic. The procedure of these freedom is established by the Law.

Article 52.

The citizens of Chechen Republic have the right to the personal and collective address in state bodies and public organizations.

The responsibility to consider these addresses is entrusted to the officials to answer them and to take necessary measures.

The citizens of Chechen Republic address to state and public bodies in the Chechen or Russian Languages. The state and public bodies bear the responsibility to answer in language on which the address is made or to ensure translation in view of interests of the citizens.

Article 53.

The citizens of Chechen Republic have the right to be united in political parties and public organization, to participate in mass movements.

Existence of parties, public associations and movements seek to forcible upheaval of the constitutional system of Chechen Republic having militarized or secret character or pursuing by other criminally punishable purposes is not allowed. Their activity can be terminated in the order established by the Law.

Article 54.

The citizens of Chechen Republic have the right to elect and to be elected in bodies of the state authorities and local self-government. The common direct and equal electrotype? is guaranteed.

Article 55.

Equal access to occupy state posts and state service is provided to the citizens of Chechen Republic. The conditions and order of state service are determined by the law.

Article 56.

The citizens of Chechen Republic are obliged to protect the country, to have a military service in the structure of Armed Forces of Chechen Republic.

The conditions and order of military service are determined by the law. The replacement of military service by fulfillment of the alternate civil duties is allowed on the basis stipulated by the law.

To the citizens of Chechen Republic participating in defense of the country, protection of the public order and the safety, and members of their families are provided by social, material and other warranties.

Article 57.

The labor collectives have the right to participate in work of state bodies. The state recognizes at labor collectives the right to participate in business of the enterprise, organization and establishment, to create bodies of industrial self-government, to negotiate and to conclude the collective agreements with administration or proprietor of the enterprise, to provide and to protect economic and social interests in the forms not contradicting to the law.

Article 58.

Activity of trade unions in the enterprises, establishments and organizations, right of the workers to enter in any trade unions by choice, as well as right of trade-union organizations to unite and introduction into international trade unions is guaranteed.

Article 59.

The state provides the fair solution of collective disputes between the workers and administration of the enterprises irrespective of the ownership form.

The labor collectives have the right to strike, that is to complete or partial suspension of work of the enterprise, establishment or organization in cases established by the law.

The strike is inadmissible if it creates threat of life and health of the people or infringes functioning of services ensuring ability to live of the society.

Article 60.

The rights of the consumers in Chechen Republic are protected by the law. The consumers personally and through association have the right in the judicial and administrative order to require indemnification of damage caused to them by actions of the manufacturers of the goods and services, trade, advertising and other organizations.

 

Section 3. System of State Power and Management

Article 61.

The only body of the legislative authority of Chechen Republic is the Parliament of Chechen Republic which is elected by its citizens on the basis of the general direct electorship by means of balloting.

Citizens recognized by court as incapable can not be elected, as well as person do not participate in elections concerning of which sentence of the court has come into force providing punishment as putting in jail. The order of election in Parliament is established by the law.

Article 62.

The Parliament of Chechen Republic is competent to accept to consideration and to decide any question.

To exclusive management of the Parliament of Chechen Republic concern:

1. Adoption of the Constitution of Chechen Republic, introduce changes and amendments therein.

2. Determination of the internal and external policy of Chechen Republic.

3. Making decisions on state system of Chechen Republic.

4. Determination order of decision of questions concerning administrative-territorial system of Chechen Republic.

5. Decision of questions on change of borders of Chechen Republic.

6. Approval of the perspective plans and programs of socioeconomic economic development of Chechen Republic.

7. Election of the Chairman of the Parliament of Chechen Republic.

8. Election of the First Deputy and Vice-president of the Chairman of the Parliament of Chechen Republic.

9. Making decision on realization of national voting (referendum). and

10. Making decision about excitation of procedure of relieve of the post of the President of Chechen Republic.

Article 63.

The Parliament of Chechen Republic is constantly acting highest legislative body of the state authority of Chechen Republic. The Parliament of Chechen Republic is elected for the period of 5 years.

Article 64.

The Parliament of Chechen Republic:

1. Nominates elections of the members of the Parliament and bodies of local self-government of Chechen Republic.

2. Approves the structure of the Central Electoral Commission on the election of the members of the Parliament and bodies of local self-government of Chechen Republic.

3. Approves the structure of the Cabinet of Ministers, introduces changes therein.

4. Elects the Chairman of the Constitutional Court of Chechen Republic and his deputies, members of the Constitutional Court of Chechen Republic; the Chairman of the Supreme Court of Chechen Republic and his deputies, members of the Supreme Court of Chechen Republic, judges of municipal and district (regional) courts; the Chairman of Arbitration Court of Chechen Republic and his deputies, members of Arbitration Court of Chechen Republic.

Nominates the General Procurator and his deputies; the Chairman of Investigation Committee and Chairman of the Service of National Security of Chechen Republic and their deputies; the chiefs of the national bank, sanitary-epidemiological and ecological services.

5. Agrees for nomination of the ministers, ambassadors and other higher officials of the state by the President stipulated by the law.

6. Regularly considers the reports formed or bodies formed by them, as well as confirmed or appointed by them of the officials except for judges; solves the problem on trust to the Cabinet of Ministers.

7. Provides unity of Legislative regulation in all territory of the republic.

8. In cases and order stipulated by the Constitution relieves of the post of the President, Vice-president, Chairman and judges of the Constitutional Court, Chairman and judges of the Supreme Court; releases of the responsibilities of other higher officials of the state in cases stipulated by the law.

9. Announces general and partial mobilization; implements a state of emergency or approves the appropriate decree of the President; announces a state of war in case of armed attack on Chechen Republic; makes a decision on use of military contingents in conditions of a state of emergency, as well as in fulfillment of the international obligations.

10. Establishes diplomatic ranks, military and other special ranks (grades).

11. Confers the highest military, special ranks (grades), diplomatic ranks.

12. Provides the unity of the legislative regulation in all territory of Chechen Republic.

13. Solves the problems connected with observance of the Constitutional rights, freedom and responsibilities of the citizens of Chechen Republic.

14. Interprets of the laws of Chechen Republic.

15. Establishes the order of organization and activity of bodies of local self-government.

16. Issues the acts on amnesty.

17. Discusses and approves the State Budget of Chechen Republic, establishes the taxes and compulsory payments, executes the control on course of fulfillment of the budget, approves the report on its fulfillment; in case of necessity makes changes in the State Budget; makes the decisions on the loans and rendering of economic and other help.

18. Ratifies and denounces the international contracts.

19. Develops main measures in the field of defense and state safety of Chechen Republic.

20. Establishes the state awards and honorary ranks of Chechen Republic.

21. Cancels completely or partially decrees and orders of the Cabinet of Ministers, Decrees and orders of the President of Chechen Republic in case of their contradiction with the Constitution and laws of Chechen Republic.

22. Cancels the decisions of bodies of local authority and management in case of contradiction them to the current legislation of Chechen Republic.

23. Solves the problems connected with the advance termination of the authorities of the members of the Parliament of Chechen Republic.

24. Makes a decision on realization of national voting (referendum), including under the proposal of the President.

25. Decides other questions.

The Parliament of Chechen Republic adopts the laws of Chechen Republic and decrees by the majority of votes of common number of the members of the Parliament of Chechen Republic.

Article 65.

The right of the legislative initiative belongs to the members of the Parliament, President of Chechen Republic, Constitutional Court, Supreme Court, Arbitration Court of Chechen Republic, as well as the General Procurator.

Article 66.

The Chairman of the Parliament of Chechen Republic is elected by the Parliament among its members for the period of 5 years.

The Chairman of the Parliament of Chechen Republic can be at any time withdrawn by way of balloting by the members of the Parliament of Chechen Republic.

The Chairman of the Parliament is accountable to the Parliament of Chechen Republic.

The Chairman of the Parliament of Chechen Republic by virtue of competence:

1. Executes a general management of preparation of ‘ questions being a subject to consideration by the Parliament of Chechen Republic, signs the acts accepted by the Parliament of Chechen Republic.

2. Presents the Parliament of Chechen Republic the message on the situation in the state and major questions of its internal and external policy.

3. Presents the Parliament of a nominee for election to the post of the First Deputy, on the Vice-president of the Parliament of Chechen Republic.

The Chairman of the Parliament of Chechen Republic issues the orders.

The First Deputy and Vice-president of the Chairman of the Parliament of Chechen Republic execute on authorization of the Chairman of the Parliament of separate its functions and take the place of the Chairman of the Parliament in case of his absence or impossibility of execution of duties by him.

Article 67.

The laws of Chechen Republic are signed and promulgated by the Chairman of the Parliament of Chechen Republic during 10 days from the date of acceptance and to a day of signing are directed to the President of Chechen Republic. The President of Chechen Republic during 10 days from the date of reception of text of the law have the right to put a veto for the accepted laws.

The law of Chechen Republic on which is imposed the veto by the President of the country is repeatedly considered by the Parliament of Chechen Republic and in case of acknowledgment of the law by two-thirds of votes from general number of the members of the Parliament enters in legal force.

Article 68.

The member of the Parliament of Chechen- Republic has the right to address with the inquiry to any official which is obliged to give the answer to the inquiry in three days. The official evading to answer. to the inquiry or presenting obviously false data on it is subject to remove of the post and attraction to administrative or criminal liability pursuant to the law. The member of the Parliament of Chechen Republic uses the right of inviolability: he can not be put in jail without the consent of the Parliament, is sentenced the criminal or administrative responsibility imposed in judicial order.

Legal status of the member of the Parliament of Chechen Republic his right, the responsibilities and their warranty are adjusted by the law.

Article 69.

The executive authority in Chechen Republic is headed by the President.

The President of the republic can not be a member. of the Parliament of Chechen Republic. The President of the republic does not take any posts in commercial structures and has no right to be engaged in entrepreneurship activity.

Article 70.

The citizen of the republic not younger than 35 years old and not more senior than 65 years can be elected as the President of the republic. The same person can not be elected as the President of Chechen Republic more than two terms in succession.

Article 71.

The President of Chechen Republic is elected for 5 years by the citizens of Chechen Republic by general and direct election of balloting. The number of the candidates to the post of the President of the Republic is not limited. The elections of the President are not considered valid if less than 50 percent of electors have participated therein. The candidate is considered as elected if he got more than half of votes of electors participated in voting.

Other elections or nomination to a post, and equally allotting the authorities of the President of the republic are illegal and void.

Procedures of elections and take office of the President of the republic are established by the laws of the republic.

Article 72.

In taking office the President makes an oath of the following contents:

“Solemnly a make an oath faithfully to serve to the people of Chechen Republic, to strengthen and to protect its sovereignty, strictly to observe the Constitution and laws of Chechen Republic, to guarantee rights and freedom of the citizens, honesty to execute imposed on me the high responsibilities of the President of Chechen Republic”.

Article 73.

The President of Chechen Republic:

1. Represents Chechen Republic in internal and international affairs.

2. Heads the Government of Chechen Republic, forms an executive authority stuff pursuant to the Constitution and supervises over it.

3. Nominates the ministers, ambassadors and other higher officials of Chechen Republic by the consent of the Parliament.

4. Releases of the post of the ministers and other officials appointed by him.

5. Supervises over realization of an external policy, negotiates and concludes the international agreements of Chechen Republic with the subsequent ratification them by the Parliament. Within the framework of the law the President can conclude the international agreements not requiring to ratification.

6. He is the Supreme Commander-in-chief of’ Armed Forces of Chechen Republic. Nominates the General Headquarters of Armed Forces by the consent of the Parliament; confers military ranks to officers’ staff.

7. In urgent cases puts into effect a state of emergency in Chechen Republic or in separate its regions with the subsequent approval by the Parliament in two days.

8. Issues the order about partial or general mobilization, brings in heightened combat readiness of Armed Forces of Chechen Republic and other necessary actions in case of threat of attack to Chechen Republic with the subsequent ratification of these actions by the Parliament in three days.

9. Issues the orders about the beginning of military actions in ease of attack to Chechen Republic with the subsequent approval by the Parliament within three days.

10. Submits the draft of the State Budget for consideration and approval of the Parliament.

11. Can participate in meetings of the Parliament, its committees and commissions; As agreed with the Parliament makes the decision on realization of national voting (referendum); addresses by the messages to the Parliament and people.

12. Executes the right of forgiveness on all cases in the territory of Chechen Republic.

13. Awards orders and other awards of Chechen Republic, confers special ranks (grades), as well as honorary ranks.

14. Decides pursuant to the legislation questions to be granted and termination of citizenship of Chechen Republic.

15. Has the right of the legislative initiative.

16. Publish decrees during 10 days from the date of their signing.

17. Presents not less often once in a year the reports to the Parliament of the republic about fulfillment of adopted economic and other programs about situation in the republic, addresses with the messages to the people.

18. Carries out other authorities imposed on him by the Constitution and laws of Chechen Republic.

Article 74.

The President can be relieved of the post in case of perpetration of crime. The Parliament makes the decision on institution of. proceedings on relieve of the President of the post in connection with the similar charge by the majority of not less than two third of votes. In this case the proceedings are transmitted in Constitutional Court which issues conclusion accepted not less than two-thirds of votes of the members of the Court. The Parliament makes the final decision on the conclusion of the Constitutional Court. The decision about relieve of the President of Chechen Republic of the post is considered as made if not less than two-thirds of votes of common number of the members of Parliament voted.

Article 75.

The Vice-president of Chechen Republic is elected simultaneously with the President for the period of five years. The nominee of the Vice – president is determined by the candidate for the post of the President. The voting for a nominee of the President means simultaneously voting for nominee put forward by him of the Vice-president.

On behalf of the President the Vice-president can execute part of his authorities. The Vice-president executes the duties of the President if latter temporarily not capable to execute official authorities. In this case the authorities Of the Vice – president should be confirmed by the Parliament during 24 hours. In case of resignation of the President or his relieve of the post the Vice-president becomes the President up to new Presidential elections under the right.

In case of relieve of the post of the Vice-president or his resignation the President nominates the Vice-president which takes office after the approval him by majority of votes of the member’s of the Parliament. The Vice-president can not take any other office.

Article 76.

The President of the Republic issues the Decrees and orders, checks up their observance on the basis and in the performance of the Constitution and laws of the Republic and decrees of the Parliament of the Republic. The decrees of the President of the Republic can not contradict the Constitution and laws of the Republic. The decrees of the President are obligatory to execution in all territory of the Republic. The President has the right to suspend the decision of bodies of executive authority in the territory of the Republic if they contradict the Constitution of the Republic.

Article 77.

The President and Vice-president of the Republic are inviolable and are protected by the law.

Article 78.

The Cabinet of Ministers of Chechen Republic is an executive-managing body and is subordinated to the President of Chechen Republic.

The Cabinet of Ministers consists of the Chairman of the Cabinet, his deputies and members of the Cabinet of Ministers. The structure of the Cabinet of Ministers is determined under the proposal of the President and is approved by the Parliament of the Republic.

Article 79.

The Cabinet of Ministers of the Republic bears the responsibility before the President of the Republic. The newly formed Cabinet of Ministers presents for consideration of the Parliament of the Republic the program of forthcoming activity for the term of authorities.

The Cabinet of Ministers reports about work before the Parliament of the Republic not less often once in a year.

The Parliament of the Republic can express mistrust to the Cabinet of Ministers that entails its resignation. The decree on this question is accepted by the majority of votes of not less than two-thirds of general number of the members of the Parliament of the Republic.

The Cabinet of Ministers resigns the authorities before the newly elected President of the Republic.

Article 80.

The Cabinet of Ministers is competent to solve the problems of state management referred to its management.

Article 81.

The Cabinet of Ministers issues the decrees and orders, checks up their observance on the basis and in the observance of the laws of the republic, decrees of the Parliament and Decrees of the President. The decrees and orders of the Cabinet of Ministers of Chechen Republic are obligatory to execution in all territory of the Republic.

Article 82.

The structure of the Cabinet of Ministers, competence, order of activity and its relation with other state bodies are determined by the law on the Cabinet of Ministers of Chechen Republic.

Article 83.

The incomes and charges of the Republican Budget should be balanced. Extreme allowable size of the deficit is established by the law.

Article 84.

The incomes of the Republican Budget are formed at the expense of the taxes, compulsory payments, charges and duties, incomes of the state property, as well as other receipts established by the law. The list and the sizes of the taxes, charges and duties are established by the law.

Article 85.

The Republican state charges are executed at the expense of the State Budget. The charges of the Republic can be made only according to the articles of Budget authorized by the Parliament. The detailed reports on public revenues and charges are subject to compulsory annual publication.

 

Section 4. Electoral System

Article 86.

The elections in Chechen Republic are carried out on the basis of general equal and direct electorship by balloting.

Article 87.

The citizens of Chechen Republic of 17 years old participate in elections. Citizens can not be elected and do not participate in elections citizens recognized by the court as incapable, and person concerning of which sentence of the court came into force providing punishment as imprisonment.

Article 88.

The order of realization of elections of the members of the Parliament, bodies of local self-government and officials is determined by the present Constitution and laws.

 

Section 5. Bodies of Local Self-Government

Article 89.

The local self-government is executed by the representative and executive authorities, as well as in the form of direct democracy. The name of bodies of local self-government is established by the legislation.

Article 90.

The bodies of local self-government within the limits of competence act irrespective of the state authority within the framework of the Constitution and Laws of Chechen Republic.

Article 91.

The representative of bodies of local self-government are main bodies of the local authority in an appropriate territory.

Article 92.

Bodies of local self-government independently develop, approve, execute the budget. The means of local self-government, including budget are not subject to withdrawal.

Article 93.

The citizens have the right to appeal in the judicial order of the decision and action of bodies of local self-government and their officials.

 

Section 6. Judicial Power

Article 94.

The judicial power in Chechen Republic is executed only by court and acts irrespective of legislative, executive authority as’ well as of parties, other public unification and movements. Nobody, except for bodies of justice stipulated by the Constitution and laws of Chechen Republic have the right to incur functions and authorities of the judicial power.

The judicial power has purpose of protection Constitutional System of Chechen Republic, rights and freedom of the: citizens, control on correct application and observance of the laws and standards of an executive authority, Constitution of Chechen Republic.

Article 95.

The judicial power will be realized by exercise of justice.

The acts of judicial power are obligatory for all state and public organizations, official, legal entities and natural persons and are subject to execution in all territory of Chechen Republic.

Article 96.

The citizens of Chechen Republic can participate in exercise of the justice, executing of the responsibility of jurymen. The board of jurymen is formed by the parties in the order established by the legislation.

Article 97.

Judges are independent and subordinated only to the law. Judges take the oath pursuant to the law. The judges can not take any paid post, except teaching, as well as to be the members of political parties.

Article 98.

The Chairman of the Constitutional Court of Chechen Republic and his deputies, members of the Constitutional Court of Chechen Republic; the Chairman of the Supreme Court of Chechen Republic and his deputies, members of the Supreme Court of Chechen Republic; judges of municipal and district (regional) courts are elected by the Parliament of Chechen Republic.

Article 99.

By virtue of competence the Constitutional Court of Chechen Republic: – settles the cases about legitimacy of the laws of Chechen Republic and decrees of the President; – settles constitutional-legal disputes between the state bodies, as well as state bodies and public associations; – gives the conclusions under the charge of the President of Chechen Republic in infringement of the Constitution and laws.

The laws of ChRI, as well as the decrees of the President of Chechen Republic recognized by the Constitutional Court as being not appropriate to the Constitution of Chechen Republic lose force from the date of publication of the decision of the Constitutional Court of Chechen Republic.

All decisions of the Constitutional Court on questions referred to its management, are final.

The order of consideration of legal proceeding in the Constitutional Court is determined by the law.

Article 100.

There will be formed and act the Supreme Court, Municipal Court of Grozny, municipal, district (regional) courts, as well as military tribunals in Chechen Republic. Other courts can be created only on the basis of the Laws of Chechen Republic.

Article 101.

The Supreme Court of Chechen Republic executes functions of supervision of judicial activity of lower courts, considers civil and criminal cases of Chechen Republic. Organization and order of activity of the Supreme Court, Municipal Court of Grozny, municipal, district (regional) courts, military tribunals of Chechen Republic are regulated by the appropriate laws.

Article 102.

Consideration of legal proceeding in all courts are opened. The hearing of cases in closed meeting of the court is allowed only in cases established by the law with observance thus all rules of legal proceedings. The consideration of legal proceeding in courts is executed by judges collectively, unanimously or juries.

The default examination of criminal cases in courts of the first instance is not allowed, except for cases established by the legislation.

Article 103.

The legal proceedings is executed on the basis of competition principles. The right to the legal help is recognized at any stage of legal proceedings.

Article 104.

The right to defense is provided to suspected, accused, defendant, convicted. Protection of the rights and legal interests is provided to the loss and other citizens participating in legal proceedings.

Article 105.

Accused is considered as innocent while his guiltiness will not be proven in the order stipulated by the law and is established entered in legal force by the judicial sentence.

Article 106.

The legal proceedings is conducted in the Chechen or Russian Languages. To persons participating in the case not speaking in language on which the legal proceedings is conducted are provided by the right of acquainting with all materials of the case, participation in judicial actions by the help of the interpreter, right to speak in the court in native language.

Article 107.

If the court in consideration of particular case recognizes that the used normative act contradicts the Constitution of Chechen Republic it suspends the consideration of the case and introduces in the Constitutional Court of Chechen Republic motivated representation about recognition of this law unconstitutional.

Article 108.

For consideration of economic disputes between the legal entities will be formed and acted the Arbitration Court of Chechen Republic.

The order of organization and activity of the Arbitration Court of Chechen Republic is determined by the law.

 

Section 7. Rule of Law

Article 109.

Legislative, executive, judicial powers, the bar and citizens participate in protection of the law and law and order in the territory of Chechen Republic.

The differentiation of competence of the state bodies ensuring legitimacy and law and order is established by the laws of Chechen Republic.

Law-enforcement bodies directly ‘accountable to the legislative authority are the Procurator’s Office of Chechen Republic, Investigation Committee of Chechen Republic, Service of National Security of Chechen Republic.

The law-enforcement bodies directly accountable to executive authority of Chechen Republic are bodies and establishments of the justice, Internal Affairs, boundary and customs control.

There are forbidden creation of private and public organizations independently performing investigation and other functions on struggle with crime in the territory of Chechen Republic.

The public associations can assist the state law-enforcement bodies in protection of legitimacy and law and order, rights and freedom of the citizens pursuant to the laws of Chechen Republic.

Article 110.

The General Procurator of Chechen Republic and procurators subordinated to him execute supervision for everywhere, exact, uniform observance and application of the laws acting in the territory of Chechen Republic and ratified international-legal acts by all state bodies, public associations, their officials and citizens, except the supreme bodies of the legislative and executive authorities and courts of Chechen Republic.

The General Procurator of Chechen Republic is nominated for the period of five years by the Parliament of Chechen Republic. The lower procurators are nominated by the Parliament of Chechen Republic by presentation of General Procurator for the same term. The order of organization and activity of Procurator’s Office of Chechen Republic is determined by the Law.

Article 111.

The service of National Security of Chechen Republic and its bodies within the limits of their competence protect constitutional system of Chechen Republic, state sovereignty, state interests and territorial integrity of the republic. The Chief of the Service of National Security is nominated by the Parliament of Chechen Republic.

The order of organization and activity of the Service of National Security of Chechen Republic is determined by the law.

Article 112.

The Investigation Committee of Chechen Republic and its bodies are executed preliminary investigation on cases about crimes in all territory of Chechen Republic.

The Head of Investigation Committee of Chechen Republic is appointed by the Parliament of Chechen Republic for a five year term.

The format and activity system of the Investigation Committee of Chechen Republic is defined by the law.

Section 8. Last Sentences

Article 114.

The capital of Chechen Republic is Grozny. The symbols of Chechen Republic, its state flag, and state of coats is defined by the law.

The national anthem of Chechen Republic is approved by the decision of the Parliament of Chechen Republic.

Article 115.

The Constitution of Chechen Republic can be accept or be modified with 2/3 majority of the Parliament of Chechen Republic’s all members.

A modification proposal on the constitution can be present only by the members who has legislation right according to the this Constitution.

Article 116.

The Constitution comes into the force in the day when it was accepted by the Parliament of Chechen Republic.