Constitution (Basic Law) of the Republic of South Ossetia

CONSTITUTIONConstitution The Constitution encompasses the global system of rules governing constitutional authority. Simply reading selected provisions of the written text may be misleading. Understanding the underlying principles, such as federalism, democracy, constitutionalism, the rule of law, and respect for minorities, is crucial. Democratic institutions must allow for ongoing discussion and evolution, reflected in the right of participants to initiate constitutional change. This right entails a reciprocal duty to engage in discussions. Democracy involves more than majority rule, existing within the context of other constitutional values. Therefore, a profound understanding of these principles informs our appreciation of constitutional rights and obligations. Read more (BASIC LAW) OF THE REPUBLICRepublic Res publica. Having a head of the state. Pope is the head of the Vatican City state. The people execute their power through an Elected (direct/indirect) President. Political parties sponsored their presidential candidates. Indian president is a constitutional puppet under the ruling Cabinet. In the case of the appointment of  Indian judges, presidential power is a vanishing point. OF SOUTH OSSETIA

We, the people of the Republic of South Ossetia, based on our responsibility to present and future generations, striving to ensure the security and prosperity of our Fatherland, based on the universally recognized principles of equality and self-determination of peoples, guided by the Declaration on State Sovereignty of the Republic of South Ossetia, affirming the rights and freedoms of man and citizen, fixing the foundations of the social and political system, we proclaim and establish the CONSTITUTION OF THE REPUBLIC OF SOUTH OSSETIA.

 

CHAPTER I

FOUNDATIONS OF THE CONSTITUTIONAL ORDER OF THE REPUBLIC OF SOUTH OSSETIA

 

Article 1

1. The Republic of South Ossetia – the State of Alania – is a sovereign democraticDemocracy It is commonly understood as being a political system of majority rule. The evolution of democratic tradition can be traced back to the Magna Carta (1215) and through the long struggle for Parliamentary supremacy which culminated in the English Bill of Rights of 1689, the emergence of representative political institutions in the colonial era, the development of responsible government in the 19th century. In institutional terms, democracy means that each of the provincial legislatures and the federal Parliament is elected by popular vote. These legislatures, are "at the core of the system of representative government". It is a 'power' word. Power rests with the ordinary Citizens. Only educated people understand power. A corrupt or controlled court system can cover failure of it. The religious concept is incompatible with it. Promise to spend more from the public treasury moves to Dictatorship. legal state created as a result of self-determination of the people of South Ossetia. The names of the Republic of South Ossetia and the State of Alania are equivalent. (1)

2. The bearer of sovereignty and the only source of power in the Republic of South Ossetia is its people.

3. The people exercise their power directly through referendums and free elections, as well as through state authorities and local self-government bodies.

4. No one can appropriate power in the Republic of South Ossetia. The seizure of power or the appropriation of power is the gravest crimeCrime A positive or negative act in violation of penal law; an offense against the state classified either as a felony or misdemeanor. against the people and is punishable by law.

 

Article 2

1. The Constitution of the Republic of South Ossetia has the highest legal force and direct effect.

2. Laws and other normative legal acts that contradict the Constitution of the Republic of South Ossetia shall have no legal force.

3. Laws of the Republic of South Ossetia are subject to official publication. Unpublished laws are not subject to application.

4. Regulatory legal acts of the President of the Republic of South Ossetia, the Government of the Republic of South Ossetia, the Parliament of the Republic of South Ossetia, local authorities of the Republic of South Ossetia, affecting the rights, freedoms and duties of a person and a citizen, cannot be applied on the territory of the Republic of South Ossetia if they are officially not published to the public.

5. The generally recognized principles and norms of international lawInternational law International law imposes legal responsibilities of States in their conduct with each other, and their treatment of individuals within State boundaries. It includes International trade, human rights, disarmament, international crime, refugees, migration, problems of nationality, the treatment of prisoners, use of force, and conduct of war, among others. Bentham in his Principles of International Law (1786–1789) envisaged that an international code, which should be based on a detailed application of his principle of utility to the relations between nations, would not fail to provide a scheme for an everlasting peace. Read: United Nations Charter and international treatiesTreaties Treaties are binding agreements between nations and become part of international law. Treaties to which the United States is a party also have the force of federal legislation, forming part of what the Constitution calls ''the supreme Law of the Land.'' U.S. presidents have frequently entered the United States into international agreements without the advice and consent of the Senate. These are called "executive agreements." Though not brought before the Senate for approval, executive agreements are still binding on the parties under international law. Bilateral treaty: An international agreement concluded between two states. Vienna Convention on the Law of Treaties ( 23 May 1969) of the Republic of South Ossetia are an integral part of its legal system.

6. Bodies of state power and administration, bodies of local self-government, officials, citizens and their associations, other persons located on the territory of the Republic of South Ossetia are obliged to comply with the Constitution and laws of the Republic of South Ossetia.

 

Article 3

1. The Republic of South Ossetia independently determines its state-legal status, resolves issues of political, economic, socio-cultural development.

2. The Republic of South Ossetia consists of five administrative-territorial units: the city of Tskhinvali, Dzau, Znauri, Leningor and Tskhinvali regions.

3. The territory of the Republic of South Ossetia is inviolable and inalienable. Protection of the sovereignty and territorial integrity of the Republic of South Ossetia is one of the most important functions of the state.

4. The territory, status and borders of the Republic of South Ossetia cannot be changed without the consent of its people.

5. The capital of the Republic of South Ossetia is the city of Tskhinvali, the status of which is determined by the constitutional law.

 

Article 4

1. The official languages ​​in the Republic of South Ossetia are Ossetian and Russian. The preservation and development of the Ossetian language is the most important task of the state authorities of the Republic of South Ossetia. (2)

2. Ossetian and Russian languages, and in places of compact residence of citizens of the Republic of South Ossetia of Georgian nationality – Georgian, are recognized as the official languages ​​of state authorities, state administration and local self-government in the Republic of South Ossetia.

3. The peoples living in the Republic of South Ossetia are granted the right to freely study, develop and use their native language.

 

Article 5

1. The system of state power in the Republic of South Ossetia is based on the principle of separation of legislative, executive and judicial powers.

2. Bodies of legislative, executive and judicial power are independent within their powers.

3. Disagreements on controversial issues between the state authorities of the Republic of South Ossetia are resolved through conciliationConciliation A non-binding dispute settling procedure by which a dispute is referred to a commission of persons who are empowered to examine the facts and make recommendations for settlement. procedures.

 

Article 6

Local self-government is recognized and guaranteed in the Republic of South Ossetia.

 

Article 7

1. State power in the Republic of South Ossetia is exercised by the President of the Republic of South Ossetia, the Parliament of the Republic of South Ossetia, the Government of the Republic of South Ossetia, the courts of the Republic of South Ossetia and local authorities.

2. Elections of the President of the Republic of South Ossetia, the Parliament of the Republic of South Ossetia, local representative bodies, as well as referendums in the Republic of South Ossetia are held on the basis of universal, equal and direct suffrage by secret ballot.

 

Article 8 The

Republic of South Ossetia builds its relations with the Republic of North Ossetia-Alania on the basis of ethnic, national, historical and territorial unity, socio-economic and cultural integration.

 

Article 9

The economy of the Republic of South Ossetia operates on the basis of the principles of a socially oriented market economy regulated by the state.

 

Article 10 The

Republic of South Ossetia has the right to enter into an alliance with other states and transfer to the organs of the union the exercise of part of its powers.

 

Article 11

1. The foreign policy of the Republic of South Ossetia is based on the following principles: 1) striving for a universal and just peacePeace εἰρήνη; 2) mutually beneficial cooperation; 3) entry into collective security systems; 4) membership in international organizations and other associations.

2. The generally recognized principles and norms of international law, as well as international treaties of the Republic of South Ossetia are the basis of relations with other states.

 

Article 12

1. Land, subsoil and other natural resources, as well as cultural values, monuments of historical significance, are the property of the people, are used and protected by the state as the basis of life and activity of citizens of the Republic of South Ossetia.

2. Ownership, use and disposal of land, its subsoil and other natural resources are regulated by laws.

 

Article 13

In the Republic of South Ossetia state, municipal, private, collective and other forms of ownership are recognized and provided with equal legal protection.

 

Article 14

1. Public and religious associations are equal before the law.

2. It is prohibited to create and operate public and religious associations whose goals and actions are aimed at forcibly changing the foundations of the constitutional order or violating the integrity of the Republic of South Ossetia, undermining the security of the state and the moralMorality Mental frame. It can be high morality or low morality, savage morality or civilised morality or Christian morality, or Nazi morality. Decent Behaviour is acceptable norms of the nations. Christian morality starts with the belief that all men are sinners and that repentance is the cause of divine mercy. Putting Crucified Christ in between is the destruction of Christian morality and logic. Now morality shifted to the personal choice of Jesus. What Jesus did is 'good'. The same would be the case of Ram, Krishna, Muhammad, Buddha, Lenin, etc. Pure Human Consciousness degraded to pure followership. There exists no proof the animals are devoid of morality. foundations of society, inciting ethnic and religious hatred.

3. Religious associations are separated from the state.

 

Article 15 The

Republic of South Ossetia pursues an active youth policy aimed at providing young people with conditions for receiving comprehensive upbringing and education, as well as jobs in accordance with their vocation, abilities and skill level.

 

Article 16

1. The Republic of South Ossetia has its own citizenship.

2. A citizen of the Republic of South Ossetia cannot be deprived of citizenship or the right to change it. The grounds and procedure for acquiring citizenship are determined by constitutional law.

3. Dual citizenship is allowed in the Republic of South Ossetia.

4. Foreign citizens and stateless persons in the Republic of South Ossetia are guaranteed the rights and freedoms provided for by its Basic LawLaw Positive command of sovereign or divine. One can be ruled either by a Statute, a Statue, or a Statement. Legislation is the rule-making process by a political or religious organisation. Physics governs natural law. Logical thinking is a sign of a healthy brain function. Dharma is eternal for Sanatanis. Judiciary > Show me the face, and I will show you the law. Some people know how to bend the law rather than break it. and the norms of international law.

 

Article 17 The

Republic of South Ossetia has state symbols – coat of arms, flag, anthem. Their description and the procedure for official use are established by constitutional laws.

 

CHAPTER II

RIGHTS, FREEDOMS AND DUTIES OF MAN AND CITIZEN

 

Article 18

The Republic of South Ossetia recognizes and guarantees the rights and freedoms of man and citizen in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution.

 

Article 19

1. Fundamental human rightsHuman Rights Legal and moral status of a human being against his competitors. American Convention on Human Rights Convention against Torture European Convention for the Protection of Human Rights and Fundamental Freedoms International Covenant on Civil and Political Rights International Covenant on Economic, Social and Cultural Rights UN Convention on the Rights of the Child UN declaration on sexual orientation and gender identity United States Bill of Rights Universal Declaration of Human Rights   and freedoms are inalienable and belong to everyone from birth.

2. The exercise of humanHuman Ο άνθρωπος (Humanum> Homo sapiens) मानव:. We have failed to consider the minimum need to be a 'human'. For Christians, human beings are sinful creatures, who need some saviour. For Evolution biology a man is still evolving, for what, we don´t know. For Buddhist Nagarjuna, the realisation of having a human body is a mere mental illusion. We are not ready to accept that a human is a computer made of meat. For a slave master, a human person is another animal, his sons and daughters are his personal property.             and civil rights and freedoms must not violate the rights and freedoms of other persons.

 

Article 20

1. Labor is free. Everyone has the right to dispose of their abilities to work.

2. Forced labor is allowed only by a court verdict or in a state of emergency or martial law.

3. Recognizes the right to labor disputes using the legal means of their resolution, including the right to strike.

4. Everyone has the right to working conditions that meet the requirements of safety and hygiene.

 

Article 21

1. Everyone has the right to rest.

2. Those working under an employment contractContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. are guaranteed the length of working hours established by law, holidays and weekly days off, as well as paid annual leave.

 

Article 22

1. Everyone has the right to own property, own, use and dispose of it both individually and jointly with other persons.

2. Everyone has the right to free use of their abilities and property for entrepreneurial and other activities not prohibited by law.

3. No one may be deprived of his property except by a court decision. The expropriation of property for state needs may be carried out only on the condition of prior and equivalent compensation.

4. The right to inherit is guaranteed by law.

 

Article 23

Citizens of the Republic of South Ossetia have the right to elect and be elected, to participate in a referendum.

Citizens recognized as legally incompetent by a court, as well as those held in places of deprivation of liberty by a court verdict that has entered into legal force, do not have the right to elect and be elected.

 

Article 24

1. Everyone who is legally located on the territory of the Republic of South Ossetia has the right to free movement on its territory and free choice of place of residence, except in cases stipulated by law.

2. Everyone has the right to travel outside the Republic of South Ossetia.

3. Citizens of the Republic of South Ossetia have the right to unhindered return to the Republic of South Ossetia.

 

Article 25

1. Everyone has the right to health care and qualified medical careMedical Care Treatment that is accepted by medical experts as a proper treatment for a certain type of disease and that is widely used by health care professionals. Also called best practice, standard of care, and standard therapy.. Medical care in state health care institutions is provided to citizens free of charge.

2. Everyone has the right to a safe environment for life and health and to compensation for damage caused by the violation of this right.

3. Concealment by officials of facts and circumstances that endanger the life and health of people shall entail responsibility in accordance with the law.

 

Article 26

1. Every citizen of the Republic of South Ossetia has the right to social protection, including the right to a pension for old age, as well as in connection with disability, loss of a breadwinner and in other cases established by law.

2. The state develops a system of social protection, encourages various forms of public social assistance and charity.

 

Article 27

1. Everyone has the right to housing. No one may be arbitrarily deprived of their home.

2. The dwelling is inviolable. No one has the right to enter a dwelling against the will of the persons residing in it, except in cases established by law or on the basis of a court decision.

 

Article 28

1. Everyone has the right to education and the choice of forms of education.

2. The general availability and free of charge of pre-school, basic general, secondary (complete) general education, secondary vocational and higher education in state educational institutions is guaranteed.

3. Everyone has the right, on a competitive basis, to receive secondary specialized and higher vocational education free of charge in state educational institutions.

4. Basic general education is compulsory. Parents or persons replacing them ensure that children receive basic general education.

5. Various forms of education and self-education are supported in the Republic of South Ossetia.

 

Article 29

1. Everyone is guaranteed freedom of literary, artistic, technical, scientific and other forms of creativity.

2. Intellectual property, artistic heritage and cultural values ​​of citizens are protected by law.

3. The Republic of South Ossetia creates conditions for the preservation and development of the national culture and art of its people.

4. Ethnic communities have the right to create their own associations for the purpose of preserving and developing national cultural traditions and customs.

 

Article 30

1. Every citizen of the Republic of South Ossetia has the right to submit proposals to state bodies, public and other organizations to improve their activities, to criticize shortcomings in their work.

2. Persons persecuting citizens for criticism are held accountableAccountable The legal and political obligation of an independent institution to properly explain and justify its decisions to the citizens and their elected representatives, thereby making it responsible for fulfilling its objectives. The Supreme Court of India is not accountable to the Indian citizens and, more formally, to the Parliament..

 

Article 31

1. Citizens of the Republic of South Ossetia are guaranteed freedom of speech, press, meetings, rallies, street processions and demonstrations in accordance with the current legislation.

2. Each person is provided with the secrecy of correspondence, telephone conversations, telegraph and other forms of communication.

3. Censorship in the Republic of South Ossetia is prohibited.

 

Article 32

1. Citizens of the Republic of South Ossetia have the right to unite in public organizations and movements not prohibited by law.

2. No one may be forced to join any association or movement.

 

Article 33

1. Everyone is guaranteed freedom of conscience and religionReligion ‘The word ‘Religion’ -Re Legion- A group or Collection or a brigade, is a social-cultural construction and Substantially doesn’t exist. Catholic religion is different from Protestant religion. It is not Dharma., including the right to profess any religion, acting in accordance with the law, or not to profess any.

2. Orthodoxy and traditional Ossetian beliefs are one of the foundations of the national identity of the Ossetian people.

 

Article 34

1. Family, motherhood, fatherhood, childhood, old age in the Republic of South Ossetia are under the protection of the state.

2. Caring for children, their upbringing and maintenance is an equal right and duty of parents.

3. Adult able-bodied children are obliged to take care of their parents.

 

Article 35

1. Everyone is guaranteed the inviolability of the person. His honor and dignity are protected by law.

2. No one may be subjected to arrest or detention otherwise than on the basis of a court decision or with the sanction of a prosecutor.

3. No one may be subjected to violence, torture, cruel, inhuman or degrading treatment or punishment, be subjected to medical, scientific or other experiments without his voluntary consent.

 

Article 36

1. Everyone has the right to protect his honor and good name from encroachment on private and family life.

2. It is prohibited to illegally collect, store, use and disseminate information about a person’s personal and family life.

 

Article 37

1. Judicial protection of the rights and freedoms of man and citizen is guaranteed in the Republic of South Ossetia.

2. Decisions and actions (or inaction) of public authorities, local governments, public associations and officials may be appealed to the court.

 

Article 38

1. Everyone accused of committing a crime is presumed innocent until his guilt is proven in the manner prescribed by law and established by a court verdict that has entered into force.

2. The accused is not obliged to prove his innocence.

3. No one can be re-convicted for the same crime.

4. A law establishing or aggravating liability has no retroactive effect.

 

Article 39

Every person detained, taken into custody or accused of committing a crime has the right to be assisted by a lawyer (defender), respectively, from the moment of detention, detention or charge.

 

Article 40

Everyone has the right to state compensation for damage caused by illegal actions (or inaction) of state authorities and administration or their officials.

 

Article 41

1. The exercise of rights and freedoms is inseparable from the fulfillment by a citizen of his duties.

2. Ignorance of the law does not exempt from responsibility for its non-compliance.

 

Article 42

1. Defense of the Fatherland is the sacred duty of every citizen of the Republic of South Ossetia. Treason to the motherland is the gravest crime against the people.

2. A citizen of the Republic of South Ossetia is obliged to protect the interests of the state, to help strengthen its defense capability.

 

Article 43

A citizen of the Republic of South Ossetia, in accordance with the law, has a civil obligation to participate in the administration of justice as a people’s assessor or a juror.

 

Article 44

Everyone is obliged to protect nature, protect its wealth, take care of the preservation of historical, national and cultural heritage.

 

Article 45

Everyone is obliged to pay taxes and fees prescribed by law.

 

Article 46

1. The rights and freedoms enshrined in this Constitution are not exhaustive and cannot be interpreted as a denial of other universally recognized rights and freedoms of man and citizen.

2. It is forbidden to use any rights and freedoms for the purpose of violent overthrow of the constitutional order, propaganda of violence and war.

3. In a state of emergency, in order to ensure the safety of citizens and protect the constitutional order, in accordance with the law, separate restrictions on rights and freedoms may be established, indicating the limits and duration of their validity.

 

CHAPTER III

THE PRESIDENT OF THE REPUBLIC OF SOUTH OSSETIA

 

Article 47

1. The President of the Republic of South Ossetia is the head of state and head of the executive branch.

2. The President of the Republic of South Ossetia is the guarantor of the Constitution of the Republic of South Ossetia, the rights and freedoms of man and citizen. In accordance with the procedure established by the Constitution of the Republic of South Ossetia, he takes the necessary measures to protect the sovereignty, security and territorial integrity of the Republic of South Ossetia, ensures the coordinated functioning and interaction of state authorities. (3)

3. The President of the Republic of South Ossetia, in accordance with the Constitution and laws of the Republic of South Ossetia, determines the main directions of the domestic and foreign policy of the state.

4. The President of the Republic of South Ossetia, as the head of state, represents the Republic of South Ossetia within the country and in international relations.

 

Article 48

1. A citizen of the Republic of South Ossetia, not younger than 35 years old, who knows the state languages ​​of the Republic of South Ossetia and has permanently resided in the territory of the Republic of South Ossetia for the last 10

years preceding the day of registration, may be elected President of the Republic of South Ossetia. (4)

2. The President of the Republic of South Ossetia is elected by the citizens of the Republic of South Ossetia for a term of five years.

3. The same person cannot hold the office of the President of the Republic of South Ossetia for more than two consecutive terms.

4. The procedure for the election of the President of the Republic of South Ossetia is determined by the constitutional law.

 

Article 49

1. Upon taking office, the President of the Republic of South Ossetia takes an oath to the people: “I swear, in exercising the powers of the President of the Republic of South Ossetia, to respect and protect the rights and freedoms of man and citizen, to observe and protect the Constitution of the Republic of South Ossetia, to protect sovereignty and independence, security and territorial integrity of the Republic of South Ossetia, faithfully serve the people.”

2. The oath by the President of the Republic of South Ossetia is taken in a solemn atmosphere on the tenth day after the official announcement of the election results in the presence of deputies of the Parliament of the Republic of South Ossetia, judges of the Constitutional CourtConstitutional Court A Constitutional Court is responsible for verifying compliance with the provisions of the Constitution. In its capacity as a “court of fundamental rights” and based on its powers to review laws and regulations for their constitutionality, it is called upon to enforce and secure the democratic order of the state under the rule of law. All government bodies and other institutions fulfilling government functions are obliged to comply with the Constitution. In the event of an (alleged) infringement of the Constitution by any such body or institution, the Constitutional Court, established based on the Constitution, renders a final decision on the matter and, if necessary, provides for an appropriate remedy. Therefore, it is often referred to as the “guardian of the Constitution”.. (five)

3. For the duration of his powers, the President of the Republic of South Ossetia suspends his membership in political parties and public associations.

4. The President of the Republic of South Ossetia cannot be a member of the Parliament of the Republic of South Ossetia, hold other positions in state bodies, business structures.

 

Article 50 (6)

The President of the Republic of South Ossetia:

1) exercises general leadership of foreign and domestic policy;

2) coordinates the work of executive authorities, has the right to chair meetings of the Government of the Republic of South Ossetia;

3) approve the system and structure of the executive authorities of the Republic of South Ossetia;

4) approve the structure of the Government of the Republic of South Ossetia;

5) appoints the Chairman of the Government of the Republic of South Ossetia with the consent of the Parliament of the Republic of South Ossetia and dismisses him from office by notifying the Parliament of the Republic of South Ossetia;

6) appoints the Chairman of the Government of the Republic of South Ossetia by his Decree in the event of a three-timeTime Where any expression of it occurs in any Rules, or any judgment, order or direction, and whenever the doing or not doing of anything at a certain time of the day or night or during a certain part of the day or night has an effect in law, that time is, unless it is otherwise specifically stated, held to be standard time as used in a particular country or state. (In Physics, time and Space never exist actually-“quantum entanglement”) rejection by the Parliament of the Republic of South Ossetia of the submitted candidates for the position of Chairman of the Government of the Republic of South Ossetia, while presenting the same candidate no more than twice;

7) appoints and dismisses members of the Government of the Republic of South Ossetia and heads of other republican executive bodies;

8) appoints and dismisses the head of the Administration of the President of the Republic of South Ossetia and his deputies; (7)

9) appoints and dismisses the heads of administrations of administrative-territorial units in agreementContract An agreement enforceable by law is a contract. All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void. Indian Contract Act. with the relevant representative body;

10) forms, reorganizes and abolishes the Administration of the President of the Republic of South Ossetia and the Office of the Government of the Republic of South Ossetia;

11) forms, reorganizes and abolishes republican executive bodies;

12) have the right, on their own initiative, to decide on the resignation of the Government of the Republic of South Ossetia;

13) calls elections to the Parliament of the Republic of South Ossetia;

14) have the right to dissolve the Parliament of the Republic of South Ossetia in cases and in the manner prescribed by the Constitution of the Republic of South Ossetia;

15) have the right to demand the convocation of extraordinary and extraordinary sessions of the Parliament of the Republic of South Ossetia;

16) calls a referendum in accordance with the procedure established by the constitutional law;

17) signs and promulgates laws;

18) has the right of legislative initiative;

19) addresses the people and the Parliament of the Republic of South Ossetia with annual messages on the situation in the country, on the main directions of the foreign and domestic policy of the state;

20) negotiates and signs interstate and international treaties and agreements of the Republic of South Ossetia;

21) submits candidates to the Parliament of the Republic of South Ossetia for appointment to the position of Chairman, Deputy Chairman, judges of the Supreme CourtSupreme Court The Court of last resort. Supreme Court of India (26/01/1950), Supreme Court of USA (1798), Supreme Court of UK (1/10/2009), Supreme Court of Canada (1949), International Court of Justice (22/05/1947), > Supreme Court Network of the Republic of South Ossetia, chairmen, deputy chairmen and judges of district (city) courts and the ArbitrationArbitration (ADR) A dispute settlement process whereby the parties agree to submit their differences to judges of their own choice and to abide by the decision of the judges. Court of the Republic of South Ossetia; makes proposals to the Parliament of the Republic of South Ossetia on the dismissal of the Chairman, Deputy Chairman, judges of the Supreme Court of the Republic of South Ossetia, chairmen, deputy chairmen and judges of district (city) courts and the Arbitration Court of the Republic of South Ossetia; (8)

22) appoints two judges of the Constitutional Court of the Republic of South Ossetia; the third judge of the Constitutional Court of the Republic of South Ossetia is appointed with the consent of the Parliament of the Republic of South Ossetia;

23) submit to the Parliament of the Republic of South Ossetia for appointment and dismissal of the candidature of the Prosecutor General of the Republic of South Ossetia;

24) appoints the Chairman of the Chamber of Control and Accounts of the Republic of South Ossetia and his deputy with the consent of the Parliament of the Republic of South Ossetia and dismisses them from office by notifying the Parliament of the Republic of South Ossetia; (9)

25) submit to the Parliament of the Republic of South Ossetia for appointment and dismissal of a candidate for the Chairman of the National Bank of the Republic of South Ossetia;

26) submit to the Parliament of the Republic of South Ossetia for appointment a candidature of the Chairman of the Central Election CommissionElection Commission The Electoral Commission is the independent body which oversees elections and regulates political finance in the UK. Voters in England, Scotland and Wales now need to show photo ID to vote at polling stations  Federal Election Commission. of the Republic of South Ossetia; appoints half of the members of the Central Election Commission of the Republic of South Ossetia;

27) appoints and dismisses authorized representatives of the President of the Republic of South Ossetia;

28) suspend or cancel the operation of normative and other legal acts of executive authorities if they contradict the Constitution of the Republic of South Ossetia and the current legislation;

29) appoints the Chairman of the Pension Fund of the Republic of South Ossetia;

30) form and head the Security Council;

31) is the Commander-in-Chief of the Armed Forces of the Republic of South Ossetia;

32) approves the military doctrine of the Republic of South Ossetia;

33) appoints and dismisses persons of the high military command;

34) introduces and cancels a state of war or a state of emergency on the territory of the Republic of South Ossetia or its individual areas in cases and in the manner established by the laws of the Republic of South Ossetia, with an immediate notification of this to the Parliament of the Republic of South Ossetia;

35) establish public holidays and public holidays;

36) awards state awards, confers honorary, special and higher military ranks;

37) resolve issues of citizenship and political asylum;

38) grant pardon;

39) approves the concepts of the state economic, social, cultural, national development of the Republic of South Ossetia;

40) has other powers provided for by the Constitution and laws of the Republic of South Ossetia.

 

Article 51

1. The President of the Republic of South Ossetia issues decrees and orders that are binding on the entire territory of the Republic of South Ossetia. (10)

2. Decrees and orders of the President of the Republic of South Ossetia must not contradict the Constitution and laws of the Republic of South Ossetia.

 

Article 52

The President of the Republic of South Ossetia has the right to create coordinating councils and other advisory bodies on issues within the scope of his authority, determine their composition, goals and tasks.

 

Article 53

1. The President of the Republic of South Ossetia has immunity, his honor and dignity are protected by constitutional law. (11)

2. The rights and guarantees of the President of the Republic of South Ossetia and ex-presidents are determined by the constitutional law. (12)

 

Article 54

1. The President of the Republic of South Ossetia has the right to dissolve the Parliament of the Republic of South Ossetia in the event that he revises the foundations of the constitutional order of the Republic of South Ossetia, subject to the relevant conclusion of the Constitutional Court of the Republic of South Ossetia.

2. In the event of the dissolution of the Parliament of the Republic of South Ossetia, the President of the Republic of South Ossetia sets a date for new elections so that the newly elected Parliament of the Republic of South Ossetia begins to exercise its powers no later than 90 days from the date of dissolution of the Parliament of the Republic of South Ossetia of the previous convocation. (13)

3. The Parliament of the Republic of South Ossetia cannot be dissolved during a state of emergency or martial law, as well as within six months before the end of the term of office of the President of the Republic of South Ossetia.

 

Article 55

1. The President of the Republic of South Ossetia begins to exercise his powers from the moment he takes the oath and ceases to exercise them from the moment the newly elected President of the Republic of South Ossetia takes the oath.

2. The President of the Republic of South Ossetia terminates the exercise of powers ahead of schedule in the event of:

1) removal from office;

2) resignations at their own request;

3) persistent inability to exercise their powers for health reasons.

3. Elections of the President of the Republic of South Ossetia must be held no later than 90 days from the date of early termination of the exercise of powers by the former head of state. (fourteen)

4. If the President of the Republic of South Ossetia is unable to fulfill his duties, they are temporarily performed by the Chairman of the Government of the Republic of South Ossetia, in case of impossibility to implement this provision – the Chairman of the Parliament of the Republic of South Ossetia.

5. The Acting President of the Republic of South Ossetia has no right to raise the issue of dissolving the Parliament of the Republic of South Ossetia, call a referendum, or make proposals for amendments and additions to the Constitution of the Republic of South Ossetia.

 

CHAPTER IV

THE PARLIAMENT OF THE REPUBLIC OF SOUTH OSSETIA

 

Article 56

1. The Parliament of the Republic of South Ossetia is the highest representative and sole legislative body of the Republic of South Ossetia.

2. The procedure for organizing the activities of the Parliament of the Republic of South Ossetia is determined by the constitutional law. (15)

 

Article 57

1. The Parliament of the Republic of South Ossetia is elected for a term of five years and consists of 34 deputies, 17 of which are elected in single-member constituencies, 17 – in a proportional electoral system in a single republican constituency. (16)

2. Excluded. (17)

3. The procedure for the election of deputies of the Parliament of the Republic of South Ossetia, their status and powers are established by constitutional laws.

 

Article 58

1. A citizen of the Republic of South Ossetia who has reached the age of 21 on the voting day and has permanently resided on the territory of the Republic of South Ossetia for the last 5 years may be elected as a Deputy of the Parliament of the Republic of South Ossetia. (18)

2. A deputy of the Parliament of the Republic of South Ossetia cannot be a deputy of other representative bodies.

3. A deputy may work in the Parliament of the Republic of South Ossetia on a professional permanent basis. In this case, he cannot engage in other paid activities, except for teaching, scientific and other creative activities.

4. A deputy may be deprived of deputy powers only in accordance with the law.

 

Article 59

1. A deputy of the Parliament of the Republic of South Ossetia has immunity during the entire term of his powers. In the Republic of South Ossetia, he cannot be detained, arrested, subjected to a search, except in cases of detention at the scene of a crime, and also subjected to a personal search, except as otherwise provided by law.

2. The issue of deprivation of immunity of a deputy is decided by the Parliament of the Republic of South Ossetia on the proposal of the Prosecutor General of the Republic of South Ossetia.

 

Article 60

1. The Parliament of the Republic of South Ossetia is convened for the first session by the Central Election Commission of the Republic of South Ossetia no later than fifteen days after the election.

2. The first session of the Parliament of the Republic of South Ossetia is opened by the oldest deputy and leads it until the election of the Chairman of the Parliament of the Republic of South Ossetia.

3. From the moment the Parliament of the Republic of South Ossetia begins its work, the powers of deputies of the Parliament of the Republic of South Ossetia of the previous convocation shall cease.

 

Article 61 (19)

The Parliament of the Republic of South Ossetia:

1) makes changes and additions to the Constitution of the Republic of South Ossetia;

2) adopts constitutional laws, laws of the Republic of South Ossetia and exercises control over their implementation; carries out interpretation of constitutional laws and laws of the Republic of South Ossetia;

3) considers and approves the State budget of the Republic of South Ossetia and controls the course of its implementation;

4) establishes, cancels republican taxes and other obligatory payments and fees;

5) decide on the administrative-territorial structure of the Republic of South Ossetia;

6) approves the change of boundaries between the administrative-territorial units of the Republic of South Ossetia;

7) form the Central Election Commission of the Republic of South Ossetia;

8) appoints half of the members of the Central Election Commission of the Republic of South Ossetia;

9) appoints the Chairman of the Central Election Commission of the Republic of South Ossetia on the proposal of the President of the Republic of South Ossetia;

10) calls elections of the President of the Republic of South Ossetia;

11) gives consent to the President of the Republic of South Ossetia for the appointment of the Chairman of the Government of the Republic of South Ossetia;

12) appoints and dismisses the Prosecutor General of the Republic of South Ossetia on the proposal of the President of the Republic of South Ossetia;

13) appoints and dismisses the Chairman of the National Bank of the Republic of South Ossetia on the proposal of the President of the Republic of South Ossetia;

14) appoints and dismisses, on the proposal of the President of the Republic of South Ossetia, the Chairman, Deputy Chairman, judges of the Supreme Court of the Republic of South Ossetia, chairmen, deputy chairmen, judges of district (city) courts and the Arbitration Court of the Republic of South Ossetia; (20)

15) give consent to the President of the Republic of South Ossetia for the appointment of the Chairman of the Chamber of Control and Accounts of the Republic of South Ossetia and his deputy; (21)

16) puts a question before the President of the Republic of South Ossetia on confidence in the Government of the Republic of South Ossetia;

17) considers and approves state programs of economic, social and cultural development, hears reports on their implementation;

18) considers decrees of the President of the Republic of South Ossetia on the introduction of martial law or a state of emergency and makes appropriate decisions;

19) ratifies and denounces international treaties of the Republic of South Ossetia;

20) gives consent to the deployment of military formations of other states in the Republic of South Ossetia;

21) establish state awards, honorary, special and military ranks, diplomatic ranks and class ranks;

22) announces an amnesty;

23) cancel decisions of local representative bodies that are of a normative nature, in cases of their non-compliance with the laws of the Republic of South Ossetia;

24) dismiss the President of the Republic of South Ossetia from office in cases and in the manner established by the Constitution of the Republic of South Ossetia;

25) appoints two judges of the Constitutional Court of the Republic of South Ossetia;

26) gives consent to the President of the Republic of South Ossetia for the appointment of the third judge of the Constitutional Court of the Republic of South Ossetia; 27) exercise other powers provided for by the Constitution and laws of the Republic of South Ossetia.

 

Article 62 (22)

The President of the Republic of South Ossetia, the Chairman of the Government of the Republic of South Ossetia and members of the Government of the Republic of South Ossetia, the Chairmen of the Constitutional Court of the Republic of South Ossetia, the Supreme Court of the Republic of South Ossetia, the Prosecutor General of the Republic South Ossetia, Chairman of the State Security Committee of the Republic of South Ossetia, Chairman of the Chamber of Control of the Republic of South Ossetia, authorized representatives of the President of the Republic of South Ossetia, the Government of the Republic of South Ossetia and invited persons.

 

Article 63

The Parliament of the Republic of South Ossetia elects from among its members by secret ballot the Chairman of the Parliament of the Republic of South Ossetia and his deputies, who are considered elected if the majority of the total number of elected deputies voted for each of them.

 

Article 64

The Chairman of the Parliament of the Republic of South Ossetia and his deputies conduct meetings of the Parliament of the Republic of South Ossetia, are in charge of internal regulations and exercise other powers provided for by the Constitution and laws of the Republic of South Ossetia.

 

Article 65

1. The Parliament of the Republic of South Ossetia elects committees and commissions from among the deputies for conducting legislative work, preliminary consideration and preparation of issues submitted for consideration by the Parliament of the Republic of South Ossetia, control over the implementation of laws and other legal acts of the Parliament of the Republic of South Ossetia, holding parliamentary hearings .

2. Candidates for the election of chairmen of standing committees and commissions are presented by the Chairman of the Parliament of the Republic of South Ossetia.

3. The Parliament of the Republic of South Ossetia has the right to form temporary deputy commissions and other working bodies on issues referred to its jurisdictionJurisdiction Authority by which courts receive and decide cases. Limited Jurisdiction: the authority over only particular types of cases, or cases under a prescribed amount in controversy, or seeking only certain types of relief, the District Court is a court of limited jurisdiction. Original Jurisdiction: Jurisdiction of the first court to hear a case. by the Constitution and laws of the Republic of South Ossetia.

4. The procedure for the election and work of committees and commissions are determined by law.

 

Article 66

The Chairman of the Parliament of the Republic of South Ossetia, his deputies, as well as chairmen of committees and commissions may be early dismissed from their positions in case of expression of no confidence or violation of the Constitution and laws of the Republic of South Ossetia. The decision of the Parliament of the Republic of South Ossetia is taken by secret ballot by a majority vote of the total number of elected deputies.

 

Article 67

1. The Parliament of the Republic of South Ossetia forms the Presidium of the Parliament of the Republic of South Ossetia.

2. The Presidium of the Parliament of the Republic of South Ossetia is a body accountable to the Parliament of the Republic of South Ossetia, exercising its powers in accordance with the Constitution and laws of the Republic of South Ossetia.

3. The Presidium of the Parliament of the Republic of South Ossetia includes the Deputy Chairmen of the Parliament of the Republic of South Ossetia and the chairmen of its permanent committees and commissions.

4. The Presidium of the Parliament of the Republic of South Ossetia is headed by the Chairman of the Parliament of the Republic of South Ossetia.

 

Article 68

1. The Parliament of the Republic of South Ossetia may express no confidence in any member of the Government of the Republic of South Ossetia by a majority of votes from the number of elected deputies of the Parliament of the Republic of South Ossetia. In this case, the President of the Republic of South Ossetia has the right to dismiss the said member of the Government of the Republic of South Ossetia or disagree with the opinionOpinion A judge's written explanation of a decision of the court. In an appeal, multiple opinions may be written. The court’s ruling comes from a majority of judges and forms the majority opinion. A dissenting opinion disagrees with the majority because of the reasoning and/or the principles of law on which the decision is based. A concurring opinion agrees with the end result of the court but offers further comment possibly because they disagree with how the court reached its conclusion. of the Parliament of the Republic of South Ossetia.

2. In the event that the Parliament of the Republic of South Ossetia within two months repeatedly expresses no confidence in a member of the Government of the Republic of South Ossetia, the President of the Republic of South Ossetia issues a decree on the dismissal of the said member of the Government of the Republic of South Ossetia from office.

Article 69 (23)

The right of legislative initiative belongs to the President of the Republic of South Ossetia, deputies of the Parliament of the Republic of South Ossetia, the Government of the Republic of South Ossetia, as well as the Constitutional Court of the Republic of South Ossetia, the Supreme Court of the Republic of South Ossetia, the Prosecutor General of the Republic of South Ossetia, the Central Election Commission of the Republic of South Ossetia Ossetia on issues of their conduct.

 

Article 70

1. Constitutional laws, amendments and additions to them are considered adopted if at least two thirds of the total number of elected deputies of the Parliament of the Republic of South Ossetia voted for them.

2. Laws, resolutions and other normative legal acts are adopted by the Parliament of the Republic of South Ossetia by a simple majority of votes from the total number of elected deputies of the Parliament of the Republic of South Ossetia.

 

Article 71

1. A law adopted by the Parliament of the Republic of South Ossetia shall be sent to the President of the Republic of South Ossetia within five days for signing and promulgation.

2. The President of the Republic of South Ossetia signs the law within ten days and promulgates it.

3. If the President of the Republic of South Ossetia rejects it within ten days from the date of receipt of the law, the Parliament of the Republic of South Ossetia, in accordance with the established procedure, reconsiders this law.

4. If, upon reconsideration, the law is approved by the Parliament of the Republic of South Ossetia in the previously adopted edition by at least two-thirds of the votes of the total number of elected deputies, it is subject to signing and promulgation by the President of the Republic of South Ossetia within five days.

 

Article 72

1. The Parliament of the Republic of South Ossetia has the right to raise the issue of dismissal of the President of the Republic of South Ossetia from office in the event that he commits treason or other intentional crime, confirmed by the conclusion of the Supreme Court of the Republic of South Ossetia on the presence of signs of a crime in the actions of the President of the Republic of South Ossetia and the conclusion of the Constitutional Court of the Republic of South Ossetia on compliance with the established procedure for bringing charges.

2. The issue of dismissal of the President of the Republic of South Ossetia from office is initiated by at least one third of the total number of elected deputies of the Parliament of the Republic of South Ossetia.

3. If there are grounds, the Parliament of the Republic of South Ossetia may dismiss the President of the Republic of South Ossetia from office by a majority of at least three-quarters of the total number of elected deputies of the Parliament of the Republic of South Ossetia.

4. The decision of the Parliament of the Republic of South Ossetia on the removal of the President of the Republic of South Ossetia from office must be taken no later than one month after the accusation against him is brought. If a decision is not made within this period, the charge is considered dismissed.

 

CHAPTER V

GOVERNMENT OF THE REPUBLIC OF SOUTH OSSETIA

Article 73 (24)

1. The Government of the Republic of South Ossetia is the highest collegial state body of the unified system of executive power in the Republic of South Ossetia.

2. The Government of the Republic of South Ossetia consists of members of the Government of the Republic of South Ossetia: Chairman of the Government of the Republic of South Ossetia, First Deputy Chairman of the Government of the Republic of South Ossetia, Deputy Chairman of the Government of the Republic of South Ossetia, Ministers of the Republic of South Ossetia, Head of the Administration of the President of the Republic of South Ossetia.

3. In accordance with the Constitution of the Republic of South Ossetia and the laws of the Republic of South Ossetia, the President of the Republic of South Ossetia, as the head of the executive power of the Republic of South Ossetia, determines the main directions of activity of the Government of the Republic of South Ossetia and organizes its work. (25)

4. The powers, procedure and organization of work of the Government of the Republic of South Ossetia are determined by the Constitutional Law and the Regulations of the Government of the Republic of South Ossetia, which is approved by the relevant decree of the President of the Republic of South Ossetia. (26)

 

Article 74

On the basis of and in pursuance of the Constitution of the Republic of South Ossetia, the current legislation, decrees of the President of the Republic of South Ossetia and other normative legal acts, the Government of the Republic of South Ossetia issues resolutions and orders binding on the entire territory of the Republic of South Ossetia.

 

Article 75

1. Before the newly elected President of the Republic of South Ossetia, the Government of the Republic of South Ossetia resigns its powers.

2. The dismissal of the Chairman of the Government of the Republic of South Ossetia means the termination of the powers of the entire Government of the Republic of South Ossetia.

 

Article 76

1. The Government of the Republic of South Ossetia may submit a resignation, which is accepted or rejected by the President of the Republic of South Ossetia.

2. The Parliament of the Republic of South Ossetia may raise the issue of no confidence in the Government of the Republic of South Ossetia. The resolution on a vote of confidence in the Government of the Republic of South Ossetia is adopted by a simple majority of the total number of elected deputies of the Parliament of the Republic of South Ossetia.

If the Parliament of the Republic of South Ossetia expresses no confidence in the Government of the Republic of South Ossetia, the President of the Republic of South Ossetia has the right to announce the resignation of the Government of the Republic of South Ossetia or disagree with the decision of the Parliament of the Republic of South Ossetia. If the Parliament of the Republic of South Ossetia within two months repeatedly expresses no confidence in the Government of the Republic of South Ossetia, the President of the Republic of South Ossetia announces the resignation of the Government of the Republic of South Ossetia.

3. If the President of the Republic of South Ossetia accepts the resignation of the Government of the Republic of South Ossetia on behalf of the President of the Republic of South Ossetia, the Government of the Republic of South Ossetia continues to perform its functions until the formation of a new Government of the Republic of South Ossetia.

 

CHAPTER VI

JUDICIAL AUTHORITY OF THE REPUBLIC OF SOUTH OSSETIA

Article 77

1. Justice in the Republic of South Ossetia is carried out only by the court.

2. Judicial power is exercised through constitutional, civil, administrative and criminal proceedings. (27)

3. The judicial system of the Republic of South Ossetia is established by the Constitution and the Constitutional Law of the Republic of South Ossetia. (28)

4. The creation of emergency courts is not allowed.

 

Article 78

1. Citizens of the Republic of South Ossetia who have reached the age of 25 and have a higher legal education and work experience in the legal profession for at least three years may be judges. (29)

2. The law may establish additional requirements for judges of the courts of the Republic of South Ossetia. (thirty)

 

Article 79

1. When administering justice, judges are independent and subject only to the Constitution of the Republic of South Ossetia and the law. (31)

2. The powers of a judge may be terminated or suspended only in accordance with the procedure established by law. (32)

3. Judges are inviolable. A judge cannot be held accountable otherwise than in the manner and on the grounds established by law. (33)

 

Article 80

1. Proceedings in all courts are public. Hearing of the case in closed session is allowed in cases stipulated by law.

2. Trial of criminal cases in absentia in courts is not allowed, except for the cases provided for by law.

3. Judicial proceedings are carried out on the basis of competitiveness and equality of the parties.

4. Judges of the Republic of South Ossetia make decisions in the name of the Republic of South Ossetia.

 

Article 81

A judge in the Republic of South Ossetia cannot be a deputy, a member of a political party, and cannot be engaged in other activities, except for teaching, scientific and other creative activities.

 

Article 82

1. Constitutional control over the compliance of laws and other normative legal acts of the Republic of South Ossetia with the Constitution of the Republic of South Ossetia is exercised by the Constitutional Court of the Republic of South Ossetia. (34)

2. The Constitutional Court of the Republic of South Ossetia is formed by the President of the Republic of South Ossetia and the Parliament of the Republic of South Ossetia in the amount of five judges from highly qualified specialists in the field of law. (35)

3. The term of office of judges of the Constitutional Court is ten years.

4. A person not younger than thirty-five years of age may be elected as a judge of the Constitutional Court. (36)

5. The procedure for the organization and activities of the Constitutional Court of the Republic of South Ossetia are determined by the constitutional law.

 

Article 83

1. The Constitutional Court of the Republic of South Ossetia, at the request of the President of the Republic of South Ossetia, the Parliament of the Republic of South Ossetia, the Government of the Republic of South Ossetia, the Supreme Court of the Republic of South Ossetia, the Prosecutor General of the Republic of South Ossetia, as well as local government bodies, resolves cases on compliance with the Constitution of the Republic South Ossetia:

1) laws, regulations of the President of the Republic of South Ossetia, the Parliament of the Republic of South Ossetia, the Government of the Republic of South Ossetia;

2) international treaties of the Republic of South Ossetia that have not entered into force. (37)

2. The Constitutional Court of the Republic of South Ossetia:

1) resolves disputes on competence between republican and local authorities;

2) gives an opinion on compliance with the established procedure for bringing charges against the President of the Republic of South Ossetia;

3) resolve other issues provided for by law.

3. The Constitutional Court of the Republic of South Ossetia, on complaints of violation of the rights and freedoms of citizens and at the request of the courts, checks the constitutionality of the law applied or to be applied in a particular case, in the manner prescribed by law.

4. The Constitutional Court of the Republic of South Ossetia gives an interpretation of the provisions of the Constitution of the Republic of South Ossetia.

5. Normative legal acts or their separate provisions, recognized as unconstitutional, lose their force and are subject to cancellation.

6. Resolutions, conclusions of the Constitutional Court of the Republic of South Ossetia are subject to immediate publication in official publications of state authorities. The decision of the Constitutional Court of the Republic of South Ossetia is final, not subject to appeal and enters into force immediately after its announcement.

 

Article 84 (38)

1. The Supreme Court of the Republic of South Ossetia is the highest judicial body for civil cases, resolution of economic disputes, criminal, administrative and other cases, jurisdictional courts, formed in accordance with the Constitutional Law, and exercises judicial supervision in the procedural forms provided for by law over the activities of these courts, and also provides clarifications on issues of judicial practice.

2. The powers, the procedure for the formation and activities of the Supreme Court of the Republic of South Ossetia are determined by the Constitutional Law.

 

Article 85 (39)

Excluded by the Constitutional Law of the Republic of South Ossetia “On Amendments and Additions to the Constitution of the Republic of South Ossetia” “On the Supreme Court of the Republic of South Ossetia.

 

Article 86 (40)

The Bar Association operates to provide legal assistance to citizens and organizations. The organization and procedure for advocacy are determined by law.

 

CHAPTER VII

PROSECUTION OF THE REPUBLIC OF SOUTH OSSETIA

 

Article 87

1. The Prosecutor’s Office of the Republic of South Ossetia, on behalf of the state, exercises supreme supervision over the exact and uniform execution of laws, decrees of the President of the Republic of South Ossetia and other regulatory legal acts throughout the territory of the Republic of South Ossetia.

2. Bodies of the Prosecutor’s Office of the Republic of South Ossetia constitute a single centralized system with the subordination of lower prosecutors to the Prosecutor General of the Republic of South Ossetia. Bodies of the prosecutor’s office exercise their powers independently of other state bodies and officials.

3. The Prosecutor General of the Republic of South Ossetia is appointed and dismissed by the Parliament of the Republic of South Ossetia on the proposal of the President of the Republic of South Ossetia.

4. Other prosecutors are appointed and dismissed by the Prosecutor General of the Republic of South Ossetia, subordinate and accountable to him.

5. The term of office of the Prosecutor General of the Republic of South Ossetia is five years. (41)

6. The powers, organization and activities of the prosecutor’s office of the Republic of South Ossetia are determined by law.

 

CHAPTER VIII

LOCAL STATE AUTHORITIES. LOCAL GOVERNMENT (42)

Article 88

State power in the administrative-territorial units of the Republic of South Ossetia is exercised by local bodies of state power, the procedure for the formation and issues of conducting which are determined by law.

 

Article 89

1. Local self-government ensures the independent solution of issues of local importance by the population.

2. Local self-government is exercised by citizens through a referendum, elections, gatherings, other forms of direct expression of will through elected and other bodies of local self-government.

 

Article 90

1. The order of formation and issues of conducting local self-government bodies are determined by law.

2. Changing the boundaries of the territory in which local self-government is exercised is allowed, taking into account the opinion of the population of the corresponding territory.

 

Article 91

1. Local self-government bodies independently manage municipal property, form and execute the local budget, and also resolve other issues of local importance.

2. Bodies of local self-government may be endowed by law with separate state powers with the transfer of material and financial resources necessary for their implementation. The implementation of the delegated powers is controlled by the state.

3. Local self-government bodies in the Republic of South Ossetia are guaranteed the right to judicial protection, to compensation for additional expenses incurred as a result of decisions taken by state authorities.

 

CHAPTER IX

CONSTITUTIONAL AMENDMENTS AND THE PROCEDURE FOR REVISING THE CONSTITUTION OF THE REPUBLIC OF SOUTH OSSETIA

 

Article 92

1. Proposals to amend the Constitution of the Republic of South Ossetia may be submitted by the President of the Republic of South Ossetia, deputies of the Parliament of the Republic of South Ossetia in an amount of at least one third of the number of elected deputies.

2. The issue of changing the Constitution of the Republic of South Ossetia and revising its provisions cannot be put forward and considered during a state of war or a state of emergency.

3. The provisions of Chapter I of the Constitution “Fundamentals of the constitutional system”, Chapter II “Rights, freedoms and duties of man and citizen” and Chapter IX “Constitutional amendments and revision of the Constitution” may be changed only as a result of a referendum.

 

Article 93

1. Amendments to Chapters III-VIII of the Constitution of the Republic of South Ossetia are adopted by the Parliament of the Republic of South Ossetia by a two-thirds majority of the total number of elected deputies.

2. The adopted law on amendments to the Constitution of the Republic of South Ossetia is sent to the President of the Republic of South Ossetia within 7 days for signing and official publication.

3. The President of the Republic of South Ossetia, within a month from the date of entry into force of the law on amendments to the Constitution of the Republic of South Ossetia, officially publishes the Constitution of the Republic of South Ossetia with the amendments made to it, as well as indicating the date on which the relevant amendments come into force.

FINAL AND TRANSITIONAL PROVISIONS

1. The Constitution of the Republic of South Ossetia shall enter into force on the day of its official publication based on the results of a popular vote.

The day of the national vote is considered the day of the adoption of the Constitution of the Republic of South Ossetia.

At the same time, the Constitution (Basic Law) of the Republic of South Ossetia, adopted on November 2, 1993, with subsequent amendments and additions, is terminated.

2. Laws and other normative legal acts that were in force before the entry into force of this Constitution shall be applied in the part that does not contradict it, and within two years from the date of adoption of the Constitution must be brought in accordance with it.

3. Constitutional laws must be adopted within one year from the day this Constitution comes into force. Other laws named in the Constitution must be adopted in the manner and within the time limits determined by the Parliament, but not later than two years from the day the Constitution enters into force.

4. The President of the Republic of South Ossetia and the Parliament of the Republic of South Ossetia, from the date of entry into force of the Constitution of the Republic of South Ossetia, exercise their powers until the expiration of the term for which they were elected.

5. The Government of the Republic of South Ossetia from the date of entry into force of this Constitution acquires the rights, duties and responsibilities established by the Constitution of the Republic of South Ossetia.

6. The courts of the Republic of South Ossetia administer justice in accordance with their powers established by this Constitution.

7. Excluded. (43)

8. Excluded. (44)

---

NOTES:

(1) The wording of Part 1 of Article 1 is given in accordance with the results of the Referendum of the Republic of South Ossetia on April 9, 2017.

(2) The wording of paragraph 1 of Article 4 is given in accordance with the results of the Referendum of the Republic of South Ossetia on November 14, 2011.

(3) The wording of Part 2 of Article 47 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29

, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(4) The wording of part 1 of Article 48 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated April 20, 2011 “On the introduction of amendments and additions to Chapter III of paragraph 1 of Article 48 of the Constitution (Basic Law) of the Republic of South Ossetia, adopted by referendum on April 8, 2001 of the year”, which came into force from the date of its official publication on April 30, 2011 (South Ossetia Newspaper, 2011, April 30, No. 48) and the Constitutional Law of the Republic of South Ossetia of February 8, 2012 “On Amendments and Additions to the Chapter III of paragraph 1 of Article 48 of the Constitution (Basic Law) of the Republic of South Ossetia, adopted by referendum on April 8, 2001”, which entered into force on the day of its official publication on November 2, 2013 (South Ossetia Newspaper, 2013, November 2, No. 140 ).

(5) The wording of Part 2 of Article 49 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(6) Article 50 is reworded in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(7) The wording of paragraph 8 of Article 50 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated 20

March 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013 (South Ossetia Newspaper, 2013, April 4, No. 45).

(8) The wording of paragraph 21 of Article 50 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated March 20, 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013. (Newspaper “South Ossetia”, 2013, April 4, No. 45) and the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day its official publication on June 12, 2014 (South Ossetia Newspaper, 2014, June 12, Nos. 85–86).

(9) Article 50 is supplemented with a new paragraph in accordance with the Constitutional Law of the Republic of South Ossetia dated February 3

, 2010 “On Amendments and Additions to Articles 50, 61 and 62 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on February 24, 2010 (Newspaper “South Ossetia”, 2010, February 24, No. 16).

(10) The wording of part 1 of Article 51 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29 , 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(11) The wording of part 1 of Article 53 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(12) The wording of Part 2 of Article 53 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(13) The wording of Part 2 of Article 54 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(14) The wording of part 3 of Article 55 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(15) The wording of Part 2 of Article 56 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(16) The wording of part 1 of Article 57 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated November 30, 2016 “On Amendments to Article 57 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on December 13, 2016 (Newspaper “South Ossetia”, 2016, December 13, No. 163).

(17) Part 2 of Article 57 is excluded in accordance with the Constitutional Law of the Republic of South Ossetia of January 21, 2004

of the year “On the introduction of amendments, additions and amendments to Article 57 and Chapter VIII of the Constitution (Basic Law) of the Republic of South Ossetia, adopted at a referendum on April 8, 2001”, which entered into force on the day of its official publication on January 31, 2004 (Newspaper “Yuzhnaya Ossetia”, 2004, January 31, No. 9).

(18) The wording of Part 1 of Article 58 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated March 3

, 2004 “On the Introduction of Amendments and Additions to Article 58 of the Constitution (Basic Law) of the Republic of South Ossetia, Adopted at a Referendum on April 8, 2001”, entered into in force from the date of its official publication on March 16, 2004 (Newspaper “South Ossetia”, 2004, March 16, Nos. 24–29).

(19) Article 61 was reworded in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(20) The wording of paragraph 14 of Article 61 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated March 20, 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013. (Newspaper “South Ossetia”, 2013, April 4, No. 45) and the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia” On the Supreme Court of the Republic of South Ossetia ”, which entered into force on the day of its official publication on June 12, 2014 (Newspaper “South Ossetia”, 2014, June 12, No. 85–86).

(21) Article 61 was supplemented with a new paragraph in accordance with the Constitutional Law of the Republic of South Ossetia dated 3

February 2010 “On the introduction of amendments and additions to Articles 50, 61 and 62 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on February 24, 2010 (Newspaper “South Ossetia”, 2010, February 24 , No. 16).

(22) The wording of Article 62 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated July 10, 2002 “On the Introduction of Amendments, Additions and Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on July 27, 2002 (Newspaper “South Ossetia”, 2002, July 27, No. 58), the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103) and the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia “On the Supreme Court of the Republic of South Ossetia”,which entered into force on the day of its official publication on June 12, 2014 (South Ossetia Newspaper, June 12, 2014, Nos. 85–86).

(23) The wording of Article 69 is given in accordance with the Constitutional Law of the Republic of South Ossetia of July 10, 2002 “On the Introduction of Amendments, Additions and Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force from the date of its official publication on July 27, 2002 (Newspaper “South Ossetia”, 2002, July 27, No. 58), and the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia” On the Supreme Court of the Republic South Ossetia”, which entered into force on the day of its official publication on June 10, 2014 (South Ossetia Newspaper, 2014, June 10, Nos. 83–84).

(24) The wording of Article 73 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments to Article 73 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008. (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(25) Parts 4-6 of Article 73 became invalid in accordance with the Constitutional Law of the Republic of South Ossetia dated March 20, 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013 (Newspaper “South Ossetia”, 2013, April 4, No. 45).

(26) The wording of Part 7 of Article 73 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated 20

March 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013 (South Ossetia Newspaper, 2013, April 4, No. 45).

(27) The wording of Part 2 of Article 77 is given in accordance with the Law of the Republic of South Ossetia dated May 19, 2006 “On the Introduction of Amendments and Additions to Articles 77, 78, 79 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on June 3, 2006 (Newspaper “South Ossetia”, 2006, June 3, No. 50).

(28) The wording of part 3 of Article 77 is given in accordance with the Law of the Republic of South Ossetia dated May 19, 2006 “On the Introduction of Amendments and Additions to Articles 77, 78, 79 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on June 3, 2006 (Newspaper “South Ossetia”, 2006, June 3, No. 50).

(29) The wording of part 1 of Article 78 is given in accordance with the Law of the Republic of South Ossetia dated May 19, 2006 “On the Introduction of Amendments and Additions to Articles 77, 78, 79 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on June 3, 2006 (Newspaper “South Ossetia”, 2006, June 3, No. 50).

(30) The wording of Part 2 of Article 78 is given in accordance with the Law of the Republic of South Ossetia dated May 19, 2006 “On the Introduction of Amendments and Additions to Articles 77, 78, 79 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on June 3, 2006 (Newspaper “South Ossetia”, 2006, June 3, No. 50).

(31) The wording of part 1 of Article 79 is given in accordance with the Law of the Republic of South Ossetia dated May 19, 2006 “On the Introduction of Amendments and Additions to Articles 77, 78, 79 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on June 3, 2006 (Newspaper “South Ossetia”, 2006, June 3, No. 50).

(32) The wording of Part 2 of Article 79 is given in accordance with the Law of the Republic of South Ossetia dated May 19, 2006 “On Amendments and Additions to Articles 77, 78, 79 of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on June 3, 2006 (Newspaper “South Ossetia”, 2006, June 3, No. 50).

(33) Parts 4, 5 and 7 of Article 79 are excluded in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(34) Part 1 of Article 82 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(35) The wording of paragraph 2 of Article 82 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated March 20

, 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013. (Newspaper “South Ossetia”, 2013, April 4, No. 45).

(36) The wording of paragraph 4 of Article 82 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated 20

March 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on April 4, 2013 (South Ossetia Newspaper, 2013, April 4, No. 45).

(37) The wording of paragraph 2 of part 1 of Article 83 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia “On the Supreme Court of the Republic of South Ossetia””, which entered into in force from the date of its official publication on June 12, 2014 (South Ossetia Newspaper, 2014, June 12, Nos. 85–86).

(38) The wording of Article 84 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated May 7, 2014

No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia “On the Supreme Court of the Republic of South Ossetia””, which entered into force on the day of its official publication on June 12, 2014 (South Ossetia Newspaper, 2014, June 12, nos. 85–86).

(39) The wording of Article 85 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated March 20, 2013 “On Amendments to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force from the date of its official publication on April 4, 2013 (Gazeta “South Ossetia”, 2013, April 4, No. 45) and the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia” On the Supreme Court of the Republic of South Ossetia “” , which entered into force on the day of its official publication on June 12 , 2014 (South Ossetia Newspaper, June 12, 2014, Nos. 85–86).

(40) The wording of Article 86 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008. (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(41) The wording of Part 5 of Article 87 is given in accordance with the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On the Introduction of Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on November 5, 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(42) The wording of Chapter VIII is given in accordance with the Constitutional Law of the Republic of South Ossetia dated 21

January 2004 “On the introduction of amendments, additions and amendments to Article 57 and Chapter VIII of the Constitution (Basic Law) of the Republic of South Ossetia, adopted at a referendum on April 8, 2001”, which entered into force from the date of its official publication on January 31, 2004 (Newspaper “South Ossetia”, 2004, January 31, No. 9) and the Constitutional Law of the Republic of South Ossetia dated October 29, 2008 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication 5 November 2008 (Newspaper “South Ossetia”, 2008, November 5, No. 103).

(43) Part 7 of the Final and Transitional Provisions is excluded in accordance with the Constitutional Law of the Republic of South Ossetia dated May 7, 2014 No. 135 “On Amendments and Additions to the Constitution (Basic Law) of the Republic of South Ossetia “On the Supreme Court of the Republic of South Ossetia””, which entered into force on the day of its official publication on June 12, 2014 (South Ossetia Newspaper, June 12, 2014, Nos. 85–86).

(44) The wording of Part 8 of the Final and Transitional Provisions is given in accordance with the Constitutional Law of the Republic of South Ossetia dated December 30, 2009 “On Amendments to Part 8 of the Final and Transitional Provisions of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day its official publication on January 30, 2010 (South Ossetia Newspaper, 2010, January 30, Nos. 7–8), by the Constitutional Law of the Republic of South Ossetia of December 24, 2010 “On Amendments to Part 8 of the Final and Transitional Provisions of the Constitution ( Fundamental Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on January 24, 2011 (South Ossetia Newspaper, 2011, January 24, No. 8),The Constitutional Law of the Republic of South Ossetia dated January 30, 2013 “On Amendments to Part 8 of the Final and Transitional Provisions of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force on the day of its official publication on February 12, 2013 (South Ossetia Newspaper 2013, February 12, No. 21) and the Constitutional Law of the Republic of South Ossetia dated December 27, 2013 “On Amendments to Part 8 of the Final and Transitional Provisions of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force from the date of its official publication on January 9 2014 (Newspaper “South Ossetia”, 2014, January 9, No. 1).No. 21) and the Constitutional Law of the Republic of South Ossetia dated December 27, 2013 “On Amendments to Part 8 of the Final and Transitional Provisions of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force from the date of its official publication on January 9, 2014 (Gazeta “South Ossetia”, 2014, January 9, No. 1).No. 21) and the Constitutional Law of the Republic of South Ossetia dated December 27, 2013 “On Amendments to Part 8 of the Final and Transitional Provisions of the Constitution (Basic Law) of the Republic of South Ossetia”, which entered into force from the date of its official publication on January 9, 2014 (Gazeta “South Ossetia”, 2014, January 9, No. 1).

 

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