President of the Republic of Abkhazia

 

The law on the President of the Republic of Abkhazia

The Law “on the President”

The present Law based and expanding the Constitution of the Republic of Abkhazia defines the order of accession to office of President of the Republic of Abkhazia elect and discontinuance of the mandate of the head of state and head of the executive power of the Republic of Abkhazia, determines social security guarantees and protection of honor and dignity of the President of the Republic of Abkhazia and ex-President of the Republic of Abkhazia.

CHAPTER 1. GENERAL PROVISIONS.

Article 1. Legal basis of the mandate of the President of the Republic of Abkhazia.

The mandate of the President of the Republic of Abkhazia as a head of state and a head of executive power of the Republic of Abkhazia are defined by the Constitution of the Republic of Abkhazia and the laws of the Republic of Abkhazia.

Article 2. The constitutional status of the President of the Republic of Abkhazia

The President of the Republic of Abkhazia acts as a guarantor of the rights and freedoms of individual in the Republic of Abkhazia, adherence to the Constitution of the Republic of Abkhazia and laws of the Republic of Abkhazia and the undertaken international obligations.

The President of the Republic of Abkhazia executes his mandate in accordance to the Constitution of the Republic of Abkhazia, present Law and other laws of the Republic of Abkhazia.

Article 3. The elections of the President of the Republic of Abkhazia

The procedure of elections of the President of the Republic of Abkhazia is defined by the Constitution of the Republic of Abkhazia and Constitutional law “on elections of the President of the Republic of Abkhazia”.

Article 4. Reasons of assumption of office of President of the Republic of Abkhazia elect.

The reasons of assumption of office of the President elect are official announcement of the Central electoral commission of the Republic of Abkhazia of the results of elections of the President of the Republic of Abkhazia, made in accordance to the Constitutional law “On elections of the President of the Republic of Abkhazia”, and the adjuration of the President elect.
The President elect starts exercising his mandate, defined by the Constitution of the Republic of Abkhazia, from the moment of adjuration. The day of making the oath of the President elect is December 6. In case of rerun of elections the President elect makes oath on thirtieth day from the day of official announcement of the Central electoral commission of the results of the elections of the President of the Republic of Abkhazia.

Article 5. The discontinuance of the mandate of the President of the Republic of Abkhazia.

From the moment of adjuration to the nation of the President elect, the mandate of the head of state and head of the executive power of the previous President of the Republic of Abkhazia discontinues.

In case the elections of the President of the Republic of Abkhazia are counted as unrealized, invalid or in case none of the candidates was elected President of the Republic of Abkhazia during common elections or rerun elections, the President of the Republic of Abkhazia continues to execute the mandate of the head of state and the head of the executive power of the Republic of Abkhazia right up to assumption of an office by the President elect as a result of conduction of new elections.

Article 6. Non-party membership of the President elect.

The President of the Republic of Abkhazia cannot be the Member of the People’s Assembly of the Republic of Abkhazia and cannot take up other posts in state and public bodies, entrepreneurial structures.
The President elect for the time of his mandate suspends membership in political parties and public organizations from the moment of his assumption of office.
The statement of suspension of membership of the political parties and public organization is sent by the President elect to the elected body of the corresponding public organization or political party after official announcement of the Central electoral commission of the Republic of Abkhazia of the results of the elections of the President of the Republic of Abkhazia.

CHAPTER 2. THE PROCEDURE OF ADJURATION OF THE PRESIDENT OF THE REPUBLIC OF ABKHAZIA

Article 7. The oath of the President of the Republic of Abkhazia.
During the assumption of office the President elect takes the following oath in the People’s Assembly of the Republic of Abkhazia in the presence of members of the Supreme Court of the Republic of Abkhazia:
«Ҭоуба зуеит, сымч-сылша, схы-сыхшыҩ, сыҧсҭазаара зегьы Сыҧсадгьыл, сыуаажәлар рымаҵ аура ишазыскуа, сыжәлар ирымҭаны снапаҿы иҟало амчра ҳҳәынҭқарра Аконституциа, иахьатәи уи амш, уаҵәтәи уи аҧеиҧш рыхьчараз схы ишасырхәо. Жәлар рылахь соуааит иҧшьоу абри ахақәкы сацәхьаҵны саныҟала». (I take my oath to the people of Abkhazia that I will apply my knowledge and my force for the sake of its prosperity, peace and order. I will carefully follow the requirements of the Constitution of the Republic of Abkhazia in my activities; serve as the guarantor of its strict obedience by the legal authorities, of observance of human rights and freedoms of all the citizens of the republic).

The President elect has the right to invite to the ceremony of inauguration other officials, public figures of the Republic of Abkhazia, foreign guests.
In case of reelection for the post of the President of the Republic of Abkhazia of the same individual the ceremony of adjuration is repeated. From this moment on the second term of the mandate begins.

The ceremony of adjuration of the President elect is conducted in a solemn way.

The oath is made by the reelected President of the Republic of Abkhazia on the text of the Constitution of the Republic of Abkhazia.
After the adjuration the National anthem of the Republic of Abkhazia is performed.

Article 8. Location of inauguration of the President elect

The inauguaration of the President elect takes place in the capital of the Republic of Abkhazia Sukhum in a lodgment chosen be the President elect.

The People’s Assembly, the Cabinet of Ministers of the Republic of Abkhazia, presidential state security services must assure the solemn ceremony of the inauguration of the President elect.

Article 9. Livestream of the ceremony of inauguration of the President of the Republic of Abkhazia.

The solemn ceremony of inauguration of the President of the Republic of Abkhazia and adjuration is livestreamed on the channels of television and radio bradcasting.

Article 10. Handover of state property related to the exercise of power of the head of state and head of the executive power of the Republic of Abkhazia, and symbols of presidential authority.

The corresponding services of the Administration of the President of the Republic of Abkhazia within one week after the inauguration of the President elect hand the residence, working premises, vehicles of the President of the Republic of Abkhazia and other state property related to the exercise of powers of the head of state and head of the executive power of the Republic of Abkhazia.

During inauguration of the President elect the official handover of the attributes of the presidential authority – stamp with the National emblem of the Republic of Abkhazia and a phrase “The President of the Republic of Abkhazia”, and the presidential standard of the Republic of Abkhazia and other attributes of presidential authority.

CHAPTER 3. ABDICATION OF THE CABINET OF MINISTERS FOR THE BENEFIT OF THE PRESIDENT OF THE REPUBLIC OF ABKHAZIA

Article 11. The procedure and terms of abdication of the Cabinet of Ministers of the Republic of Abkhazia

The Cabinet of Ministers of the Republic of Abkhazia abdicates in favor of the President elect.
Not later than the day after inauguration the President elect conducts official meeting of the Cabinet of Ministers of the Republic of Abkhazia.
During this meeting, the Cabinet of Ministers makes collegiate statement in abdication, which is signed by the Prime-minister of the Republic of Abkhazia and handed to the President elect.

Article 12. Admission of the mandate of the Cabinet of Ministers of the Republic of Abkhazia by the President of the Republic of Abkhazia.

The President of the Republic of Abkhazia receives the statement of the Cabinet of Ministers of the Republic of Abkhazia on abdication of the mandate of the Cabinet of Ministers of the Republic of Abkhazia.

The President elect does not have the right to refuse abdication of the Cabinet of Ministers of the Republic of Abkhazia.


The President of Abkhazia instructs the Cabinet of Ministers to perform duties before the formation of the new Cabinet of Ministers of the Republic of Abkhazia.
The issue of the new personnel composition of the Cabinet of Ministers of the Republic of Abkhazia is addressed by the President of the Republic of Abkhazia after appointing the Prime-minister of the Republic of Abkhazia. The Prime-minister of the Republic of Abkhazia tenders offers on the personnel composition of the Cabinet of Ministers of the Republic of Abkhazia.

CHAPTER 4. ECONOMIC, FINANCIAL AND OTHER ISSUES, RELATED TO THE DELEGATION OF POWER TO THE PRESIDENT OF THE REPUBLIC OF ABKHAZIA

Chapter 13. Financing of the activities, related to the inauguration of the President elect.
Financing of the activities, related to the inauguration of the President elect is undertaken by the Cabinet of Ministers of the Republic of Abkhazia from the republican budget.

Chapter 14. Security arrangements of the president elect.

The security of the President elect as the object of state security is arranged by the state bodies’ and officials security services from the day of official announcement of the Central electoral commission of the results of the elections of the President of the Republic of Abkhazia.

CHAPTER 5. GUARANTEES OF SOCIAL SECURITY, PROTECTION OF HONOUR AND DIGNITY OF THE PRESIDENT OF THE REPUBLIC OF ABKHAZIA

Chapter 15. Immunity of the President of the Republic of Abkhazia.
The figure of the President of the Republic of Abkhazia is immune. The honour and dignity of the President of the Republic of Abkhazia is protected by the law.
The immunity of the President of the republic of Abkhazia is expanded to his accommodation, office premises, vehicles, communication, correspondence, his property and documents.

Article 16. Security of the President of the Republic of Abkhazia.

The security of the President of the Republic of Abkhazia and his family is ensured by the the state bodies’ and officials security services of the Republic of Abkhazia.

Article 17. The responsibility for infringement of honour and dignity of the President of the Republic of Abkhazia.

The infringement of honour and dignity of the President of the Republic of Abkhazia involves civil, administrative and criminal responsibility in accordance with the procedure established by law.

Article 18. Financial supplies of the President of the Republic of Abkhazia.

The President as per schedule receives money reward paid by the Republic of Abkhazia in accordance with the law of the Republic of Abkhazia. All the expenses related to the execution of the mandate of the President of the Republic of Abkhazia and the mandate of the spouse of the President of the Republic of Abkhazia in the course of official visits, receptions, meetings, other protocol or ceremonial activities that requires his (her) presence are made by means of the republican budget.

Article 19. Assistants and operating personnel of the President of the Republic of Abkhazia.

The President of the Republic independently defines the amount, staff of his assistants and operating personnel and their salaries by means of the republican budget to the extent of the budgetary substance of the Administration of the President of the Republic of Abkhazia.


Article 20. Organization of operational time, annual leave, health resort treatment and health services of the President of the Republic of Abkhazia.

He implements organization of operational time of the President of the Republic of Abkhazia personally.
The President of the Republic of Abkhazia is given annual paid leave of 5 working days without considering the travel days.
Health resort treatment and health services of the President and his family members are provided by the republican budget.

Article 21. Period of service of the President of the Republic of Abkhazia.

The time of execution of the mandate of the President of the Republic of Abkhazia is counted to common and continuous period of service; period of service by profession; period of service that gives the right to rated increase of salary, to rated salary increase and reception of simultaneous reward on the annual results of work of enterprises, institutions, organizations; period of service that gives right to pension on special terms and in special sizes, if at the moment of election the President worked in his field of specialization or worked (served) in areas that provide benefits.



CHAPTER 22. MAINTENANCE OF PREVIOUS WORK OF THE PRESIDENT OF THE REPUBLIC OF ABKHAZIA.

The President of the Republic of Abkhazia after resignation, expiration of the term of office, termination due to inability to execute to execute powers because of the health state is reemployed at his previous workplace (post), and in the absence of it (with his consent) at another equivalent work (post) at the same or (with his consent) the other enterprise, institution, organization. A fixed term employment contract is signed with the employee that substitutes the President of the Republic of Abkhazia.

The spouse of the President of the Republic of Abkhazia, fired from her (his) post during the execution of the mandate of the President of the Republic of Abkhazia is under the jurisdiction of the present article and article 21 of the present Law.

Article 23. Provision of accommodation to the president of the Republic of Abkhazia.


The President of the republic of Abkhazia who needs accommodation or improvement of living conditions is provided with the apartment or the house of his choice for ownership according to the regulations of the housing legislation of the Republic of Abkhazia or is given financial resource for building or buying an accommodation unit, thereat part of the capital which is equal to the amount of cost of the provided living accommodation is provided gratuitous by republican budget, and the amount exceeding it is given as a long-term and zero-interest loan.

The President of Abkhazia has the right for additional living accommodation sized not less than 20 square meters or separate room. In case necessary the President of the Republic of Abkhazia is given a land sized 0,25 hectares for building a house and land sized 0,15 in any district of the Republic of Abkhazia for building at own expense.

Article 24. Compulsory state life and health insurance of the President of the Republic of Abkhazia.

Life and health of the President of the Republic of Abkhazia should be insured by means of the republican budget in the size of two fixed official salaries of the President of the Republic of Abkhazia.

State insurance agencies pay insurance sums in the following case:

1. Death (decease) of the President of the Republic of Abkhazia (during the period of his work or after it) – to his successors in the size of the insurance amount;

2. Causing of injury or other health damage, which led to full loss of the ability to work – in the size of 80 percent of the insurance sum;

3. Infliction of bodily harm or other health damage to the President that led to the occupational disability – in the size of 60 percent of the insurance sum.

Article 25. Recompense to the President of the Republic of Abkhazia.

In case of causing of injury or other health damage that led to the occupational disability, the President is provided with monthly recompense in the form of difference between salary of the President of the Republic of Abkhazia and appointed pension without considering the state insurance sum.

Article 26. Recompense to encumbrances and family members of the President of the Republic of Abkhazia.


In case of death (decease) of the President of the Republic of Abkhazia, including after finishing the mandate, - unemployable members of his family, who were on his maintenance, are recompensed with the difference of their part of the salary of the President and their pension without considering the state insurance sum.

Article 27. Social guarantees and securing the honour and dignity of the ex-President of the Republic of Abkhazia.

In case of finishing of the mandate of the President of the Republic of Abkhazia after the expiry of the term of his mandate or due to preschedule resignation from the post of the President of the Republic of Abkhazia, he is subject to the title of the “The President of the Republic of Abkhazia” with the prefix “ex”.

The ex-President of the Republic of Abkhazia is ad vitam honourary Member of People’s Assembly of the Republic of Abkhazia.

Ex-President has the right to:

1. Security enforcement of him and his family members;

2. Using state vehicles;

3. Health resort treatment and health services in state institutions by means of the republican budget;

4. Allowances for housing and utility services sized 50 percent of statutory charges.

The required rights of the ex-president of the republic of Abkhazia are enforced by the current President of the Republic of Abkhazia.

The order of using and the limitations in using the allowances, envisaged in clauses 1-4 of the part 3 of the present article, by the spouse that outlived the ex-President of the Republic of Abkhazia is determined by the Presidential Decree.



Article 28. The order of prosecution of the ex-president of the Republic of Abkhazia.

The ex-President of the Republic of Abkhazia cannot be brought to trial, taken to custody, detention or administrative sanction without the consent of the people’s Assembly and general prosecutor of the republic of Abkhazia.

Pre-trial restrictions and other criminal-remedial measures can be employed only with the decision of the Supreme Court of the Republic of Abkhazia for the actions done by him during his presidential mandate, are implemented in the order envisaged for the current President of the Republic of Abkhazia.

Article 29. Lifelong maintenance of the ex-President of the Republic of Abkhazia.

After finishing the mandate the President of the Republic of Abkhazia is provided with the onetime allowance the size of the annual salary of the president of the Republic of Abkhazia.
The ex-President is appointed a lifelong maintenance in the size of:

1. 60 percent of the monthly salary of the President of the Republic of Abkhazia – in case of his preschedule resignation;

2. 80 percent of the monthly salary of the President of the Republic of Abkhazia in case of his resignation after finishing the presidential mandate;

3. 100 percent of the monthly salary of the president of the Republic of Abkhazia in case of his service as the President of the Republic of Abkhazia for not less than two presidential terms.

Article 30. Social guarantees of the ex-Vice-president of the republic of Abkhazia.

In case of finishing of the mandate of the Vice-president of the Republic of Abkhazia is reemployed at his previous workplace (post), and in the absence of it (with his consent) at another equivalent work (post) at the same or (with his consent) the other enterprise, institution, organization.


After resignation form th post the vice-president receives allowance in the size of the monthly salary of the Vice-President of the Republic of Abkhazia before employment to other job for the period of one calendar year.


The ex-Vice-president of the Republic of Abkhazia has the right to:

1. Health resort treatment and health services in state institutions by means of the republican budget;

  1. Allowances for housing and utility services sized 50 percent of statutory charges.

CHAPTER 6. FINAL PROVISIONS


Article 31. Deprivation of social guarantees of the president of the Republic of Abkhazia and his family members.

The social guarantees or other guarantees of securing the honour and dignity of the President of the republic of Abkhazia and his family members, foreseen by the present Law, are not executed in case the President withdrawn from his post based on the grounds foreseen by the Constitution of the Republic of Abkhazia.

Article 32. Provision of the activities of the President of the Republic of Abkhazia.

The activities of the President of the Republic of Abkhazia are provided by the Administration of the President of the Republic of Abkhazia.
The order of organization and activities of the Administration of the President of the Republic of Abkhazia are determined by the decrees and instruction of the President of the Republic of Abkhazia.

Article 33. The stamp and standard of the president of the Republic of Abkhazia.

The President of the Republic of Abkhazia possesses a round emblem stamp with the phrase “The President of the Republic of Abkhazia”.

Article 34. Place of residence of the President of the Republic of Abkhazia.

The place of the residence of the President of the Republic of Abkhazia is the capital of the Republic of Abkhazia Sukhum, where the official residence of the president of the Republic of Abkhazia is located.
The usage of the residence of the President of the republic of Abkhazia and state presidential dachas not according to the intended purpose or its privatization or estrangement is not allowed.


Adopted by the People’s Assembly of the Republic of Abkhazia

March 4, 1999
The President of the Republic of Abkhazia

V.Ardzynba
Sukhum
March 12, 1999
№ 487-с-XIII

 
 

Галерея

 
 
© 2015 Administration of the President of the Republic of Abkhazia, Sukhum, Naberezhnaya Makhadjirov, 32, phone.: +7 840 226 46 31, fax: +7 840 226 46 31.
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