The Constitution of Chechnya has a long and long-suffering history. All Russians are aware of separatism in the southeast, the two Chechen wars and their consequences. The document so desired for the Russian authorities was adopted only in 2003. This article will examine in detail the history of the Constitution of the Republic of Chechnya, as well as its content and compatibility with federal legislation.
General characteristics of the Chechen Constitution
The basic law of the Russian Federation establishes the norm according to which all national republics have the right to create their own constitution. The remaining types of entities can be content only with regional charters. There are differences between the subject Constitution and the charter, but there are not so many of them. In this case, the breadth of the law, the methods of its application, structure and other important legal points are taken into account.
The history of the Constitution of the Chechen Republic dates back to March 23, 2003. It was then that a popular referendum took place, at which one of the draft laws was chosen. The President of the Chechen Parliament signed the Constitution, and a little later , the head of the Russian state.
History of the Chechen Constitution
Chechens themselves call the signed Constitution the most important step towards the cultural and economic sphere of Russia, with which the republic needs to live in harmony. In a referendum held in 2003, more than half a million people participated. At that time, what was happening meant only one thing - consolidation around the idea of peace.
The first calls for a constitution were received back in 2002. So, on December 11, a congress of the Chechen people took place in Gudermem, at which a decision was made to develop their own republican law and form legitimate authorities. A little later, Akhmat-Hadji Kadyrov was appointed to the post of head of the Chechen Republic . It was by his decree that the Constitutional Commission was created, which included political, public and scientific figures. The constitution of Chechnya has been tested in various expert groups and issued on March 23, 2003.
The role of the Chechen Constitution
What influenced the adoption of the basic law in the Chechen Republic? The answer to this question was given back in 2003 by Vladimir Putin. Speaking on the eve of the Chechen referendum, the head of the Russian Federation announced the beginning of political modernization in the Republic, building a truly democratic system based on power.
The adoption of the Constitution in troubled territory served as the beginning of stability, the desire for peace and the rule of law. A legitimate base was obtained for holding free and democratic elections of the Parliament and President of Chechnya. By the way, the first official President in the Republic was Akhmat-Hadji Kadyrov.
The adoption of the main republican law also served as an impetus for the formation of legislative power in the region. So, in November 2005, legal elections of the Parliamentary body were held in Chechnya.
What provisions does the Constitution of Chechnya contain? This will be described later.
The main provisions of the Chechen Constitution
I must say that the structure of the basic republican law is exactly the same as that of the Russian Constitution. The first two chapters are referred to as the "Foundations of the constitutional order" and "The rights and freedoms of the citizen and man." The very first article states that Chechnya is a legal and democratic state within Russia. The territory of the Chechen state makes up the space of the Russian Federation, and therefore is indivisible and united.
Chechnya recognizes freedoms and human rights as the highest value. The priority of the regional authorities should be the creation of conditions that would help ensure a decent life, optimal social development, civil peace and harmony.
In Chechnya, ideological diversity and multi-party system are recognized. The region is defined as secular, no religion in it can be established as mandatory. The official languages in the republic are Russian and Chechen.
According to the second chapter of the Constitution, every Chechen has the right to life, personal integrity and freedom. A man and a woman in the republic have equal rights. Any forms of discrimination are not allowed: linguistic, racial, social, etc. Torture, humiliation of human dignity and violence are considered illegal.
Territory of Chechnya
The third chapter of the main republican law approved the territorial structure of the region. Borders between Chechnya and other constituent entities of the Russian Federation are established by the Law of the Chechen Republic of 2006 No. 30. Amendments to a regulatory legal act are allowed only by mutual agreement of the parties. The Chechen Republic includes 17 districts and three cities of federal significance. The capital of the region is Grozny.
The joint powers of Chechnya and Russia are regulated by Articles 71 and 72 of the Constitution of the Russian Federation. It should be noted nature management, disaster management, delineation of property, the establishment of taxation principles, coordination of international relations and much more.
The photo of the Chechen Constitution is a direct confirmation of the autonomous statehood of the Chechen people: the anthem, flag and coat of arms are established by federal laws of the republic.
Head of Chechnya
The highest official in the Chechen Republic leads the executive branch. It is he who determines the structure of the central organs, their composition and functions.
The head of Chechnya (aka the President of the Republic) is an elected person. By law, he is empowered by secret, direct and equal vote. Candidates for the post of Chechen President can apply for a post both from political parties and as self-nominees. The maximum tenure is five years.
Powers of the head of Chechnya
What powers does the Chechen President have? It is worth noting here:
- signing and promulgation of laws of the republic;
- submitting individual projects for consideration by federal authorities;
- the formation of the Council of public and economic security;
- annual reading of messages to the Chechen Parliament;
- rewarding citizens with state awards, etc.
The main duty of the Chechen chapter is the publication of orders and decrees. The President of the Republic may resign early due to illness, death or expression of no confidence in him by the Parliament of the region and the courts.
Executive and legislative branches
The Constitution of the Chechen Republic was adopted ten years after the publication of the Russian Constitution. That is why it is not at all surprising that the Chechen fundamental law is so similar to Russian. The fifth and sixth chapters regulate the position of the main branches of power in the republic. The parliament, according to the normative act, consists of 41 deputies and is elected for a term of 5 years. A representative body is formed by voting.
The requirements for a candidate for deputy correspond to federal law. He must be at least 21 years old and not have foreign citizenship. All powers of the Chechen Parliament are similar to the powers of the federal representative body. This, for example, introducing amendments to the regional Constitution, calling for the election of the President of Chechnya, forming the Accounts Chamber, etc.
The permanent executive body in Chechnya is called the Government. Its chairman is the regional president. All the powers of the Government in the field of education, culture, medicine, the law enforcement system and other industries are determined by the basic law of the Republic.
Judicial branch
The RF Constitution enshrines the classical judicial system. Courts carry out criminal, constitutional, administrative and civil proceedings. On the territory of Chechnya there are federal courts, magistrates, and one Statutory Court - an analogue of the Constitutional Court of the Russian Federation. All judges have a single and independent status, trials are held in open order, cases are conducted in Russian.
The Chechen prosecutor's office is a single centralized system. The prosecutor exercises his functions independently of state bodies. His powers are of a supervisory nature.
Local government
The Chechen Constitution guarantees the right to local self-government. Citizens can decide questions of republican significance independently. The possession, disposal and use of municipal property is also allowed.
Cities, rural settlements, regions and other territorial entities may act as municipalities. Self-governing bodies in such territories can be formed exclusively by holding a referendum or elections.
Detailed information on the functions of self-government bodies is enshrined in the RF law of 2009 No. 20 "On the organization of local self-government". The normative act speaks of the possibility of independently engaging in social services, defending one’s rights in court and setting up the municipal budget.