Constitution of the Republic of Bashkortostan

Flag of the Republic of Bashkortostan

The development of the constitutional foundations of Bashkortostan was complicated and went through several stages. Initially, the unwritten constitutional legislation of the republic served as the legal basis in Bashkortostan: Farman No. 2 of the Bashkir Central Shuro from November 15, 1917, decrees of the Constituent Kurultay of Bashkurdistan , “ Regulation on the Autonomy of Little Bashkiria ”, “Draft Regulation on the Autonomous Administration of Lesser Bashkiria”, “ Agreement of the Central Soviet authorities with the Bashkir Government about the Soviet Autonomous Bashkiria ”and others.

On December 8–20, 1917, the III All-Bashkir Constituent Kurultai approved the autonomy of Bashkuristan and developed the main provisions of its Constitution ^[1] . One congressional resolution stated that

“1) The Russian Republic consists of a union (Federation) of autonomous nationalities and suburbs. Bashkurdistan is part of Russia as one of the national-territorial states.
2) All states of Federated Russia are equal in political and other rights, as is Bashkuristan.
3) Union power consists of a union chamber with an equal number of representatives from each state, union government and union court. "Not one of the nationalities and not one of the states, no matter how large they may be in population, can have representatives in the union government of more than one third of this government."

-   Resolutions on the All-Russian Federation and the attitude of Bashkurdistan to this Federation

The Provisional Revolutionary Council of Bashkortostan developed the "Draft Provisions for the Autonomy of Soviet Bashkortostan", which was submitted to the People's Commissariat of the RSFSR, but was not approved. The first paragraph read: "Autonomous Bashkurdistan is part of Russia, as one of the federated United States." According to the draft, the congress of the Bashkortostan Soviets was recognized as the highest authority in the autonomy, and the canton, volost and rural Soviets were recognized as local authorities by the local authorities ^[2] .

The second stage of the development of legislation took place from the conclusion of the Agreement between the Bashkir government and the central organs of Soviet power on March 20, 1919, its amendments in the decisions of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of May 19, 1920 " On the State System of the Autonomous Soviet Bashkir Republic ", decree of the All-Russian Central Executive Committee on June 14, 1922 years and others. These legal acts constituted the unwritten constitution of the Bashkir Soviet Republic, which was adhered to until the adoption of a written constitution. V.I. Lenin, in his telegram to Bashrevsky on January 30, 1920, called the Agreement the Bashkonstitution.

Draft 1920 Constitution

In early 1920, Bashrevk through the Congress of Soviets of the republic decided to adopt its own Constitution of the Bashkir Autonomous Soviet Socialist Republic. To this end, in early April 1920, on the basis of the Constitution of the RSFSR of 1918, preparations began for the convening of the First All-Bashkir Congress of Soviets , which was planned to be held on May 20, 1920. On April 9, 1920, a commission was created under the Bashrevkom to draft the Constitution of the republic to submit it to the Congress of Soviets. The commission included A. Validov , I. Alkin , K. Kaspransky , I. Mutin , R. Petrov, F. Tukhvatullin , Lastochkin, Guest. The Commission developed the provisions “On the Council of People's Commissars of the BSSR”, “On the All-Bashkir Central Executive Committee”, “On the All-Bashkir Congress of Soviets of Workers, Peasants, Red Army and Cossack Deputies”, “On the Representations of the Bashkir Soviet Socialist Republic”, “On the Administration of the Council of People's Commissars” BSSR ” ^[3] . These provisions provided for the establishment of a parliamentary republic with its government in the person of the Council of People's Commissars of the Bashkir Autonomous Soviet Socialist Republic , which was responsible to the representative body - the Bashkir Central Executive Committee and the Congress of Sonnets of Deputies ^[4] . However, the commission for the development of the Constitution of the Bashkir Autonomous Soviet Socialist Republic was unable to complete the task entrusted to it, since its chairman Validov was summoned to Moscow on April 28, and the central authorities took control of determining constitutional and legal norms for relations between the federal authorities and the Bashkir Autonomous Soviet Socialist Republic. In May, a commission worked at the All-Russian Central Executive Committee, which drafted a Regulation on the internal structure of the Bashkir Autonomous Soviet Socialist Republic, to which Validov was also invited. However, the central authorities supported Validov’s request in only one issue: Artyom (Sergeyev) and F. Samoilov were recalled from the autonomous republic for good reasons, P. Vikman and P. Mostovenko were sent instead ^[5] .

The draft Constitution of 1920 consists of four sections: “General Provisions of the Constitution of the Autonomous Soviet Socialist Republic”, “The Design of the Central Authority of the Bashkir Republic and its Territory”, “On the Local Authorities of the Autonomous Bashkir Socialist Soviet Republic”, “Active and Passive Electoral Law”. These sections combine 12 chapters and 235 articles ^[1] .

However, in connection with the adoption of the decree of the All-Russian Central Executive Committee and the Council of People's Commissars of the RSFSR of May 19, 1920 " On the state structure of the Autonomous Soviet Bashkir Republic " and the resignation of members of the Bashrevkom, work on the development and adoption of the Constitution was stopped. On April 29, 1921, the Presidium of the Bashkir CEC adopted a resolution which stated thus: “The commission of the Bashkir Central Executive Committee , the Chairman of the Council of People’s Commissars and the People’s Commissar of Internal Affairs with the right to co-opt competent forces should draft the constitutional bill of the BSSR . Subsequently, the draft Constitution of 1920 was repeatedly revised, supplemented, and eventually became the basis for creating the draft Constitution of 1925 ^[1] .

1925 BSSR Constitution

The project was approved on March 27, 1925 by the Fifth All-Bashkir Congress of Soviets (the text of the Constitution of the Bashkir SSR was not approved by the All-Russian Central Executive Committee of the RSFSR and the Congress of Soviets of the RSFSR.).

Article 1. Bashkiria is an autonomous republic of the Council of Workers ', Peasants' and Red Army Deputies, freely part of the RSFSR and through it uniting into the Union of Socialist Republics, freely determining the form of its relations with the federal government and the form of participation in the federal government of the RSFSR.

1937 Constitution

On June 23, 1937, following the adoption of the Constitution of the RSFSR in 1937, the Extraordinary X Congress of Soviets of the Bashkir Autonomous Soviet Socialist Republic adopted the Constitution of the Bashkir Autonomous Soviet Socialist Republic (approved on July 2, 1940 by the Supreme Soviet of the RSFSR).

Article 1. The Bashkir Autonomous Soviet Socialist Republic is a socialist state of workers and peasants.

1978 Constitution

Adopted on May 30, 1978, the extraordinary VIII session of the Supreme Council of the Bashkir ASSR ^[6] .

Article 1. The Bashkir Autonomous Soviet Socialist Republic is a socialist nation-wide state expressing the will and interests of workers, peasants and intelligentsia, working people of the republic of all nationalities.

1993 Constitution

The Constitution of the Republic of Bashkortostan was adopted by the Supreme Council of the Republic of Bashkortostan on December 24, 1993 for N VS-22/15. The Republic is proclaimed a democratic state of law, which builds its relations with the Russian Federation on the basis of bilateral treaties and agreements and its equal subject.

On November 3, 2000, the State Assembly - Kurultai of the Republic of Bashkortostan adopted the Law of the Republic of Bashkortostan “On Amendments and Additions to the Constitution of the Republic of Bashkortostan”. On December 3, 2002, the adoption of the Law “On Amendments and Additions to the Constitution of the Republic of Bashkortostan” actually completed the constitutional reform begun in the spring of 2002 at the initiative of the President of the Republic of Bashkortostan.

The updated version of the Constitution of the Republic of Bashkortostan contains a number of fundamental provisions aimed at further harmonizing relations with the federal center, optimizing the state structure within the republic, a clearer distribution of powers between the branches of government and the state bodies representing them, strengthening democracy in the exercise of public-power functions, and empowering and the freedoms of man and citizen. In total, about 10 amendments were made, and now it is fully consistent with federal law.

The text of the Constitution is issued for the population in the Republic of Bashkortostan.

Consists of:

• preambles

We, the multinational people of the Republic of Bashkortostan,
united by a common fate in their land,
based on the universally recognized right of peoples to self-determination, the principles of equality, voluntariness and freedom of expression,
taking into account that the Bashkir people voluntarily joined Russia in the 16th century, in 1919, on the basis of the Agreement of the Central Soviet Government of Russia with the Bashkir government on the Soviet autonomy of Bashkiria, as a result of the exercise of the Bashkir nation’s right to self-determination, the Bashkir Autonomous Republic was formed as part of the RSFSR, transformed in 1990 to the Republic of Bashkortostan in accordance with the Declaration on State Sovereignty of the Republic of Bashkortostan ,
based on the Constitution of the Russian Federation and the Treaty of the Russian Federation and the Republic of Bashkortostan “On the delimitation of subjects of jurisdiction and mutual delegation of authority between the state authorities of the Russian Federation and state authorities of the Republic of Bashkortostan”,
Testifying respect for the rights and freedoms of man and citizen, of all peoples,
Conscious of the responsibility for our republic to present and future generations,
Striving to ensure a decent life, civil peace and interethnic harmony,
we accept, through our authorized representatives, the Constitution of the Republic of Bashkortostan.

• 2 sections
• 11 chapters
• and 126 articles

The Republic of Bashkortostan is a democratic legal state within the Russian Federation and expresses the will and interests of the entire multinational people of the republic. The names "Republic of Bashkortostan" and "Bashkortostan" are recognized equivalent.

Statehood of the Republic of Bashkortostan has the fullness of state power outside the jurisdiction of the Russian Federation and the powers of the Russian Federation in matters of joint jurisdiction of the Russian Federation and the Republic of Bashkortostan. The Republic of Bashkortostan has its own territory, population, system of state authorities, its Constitution and legislation, as well as state languages ​​and state symbols of the Republic.

The status of the Republic of Bashkortostan and the borders of the territory of the Republic may be changed only with the consent of the Republic of Bashkortostan. The official languages ​​of the Republic of Bashkortostan are Bashkir and Russian.

Chapter i
BASES OF THE CONSTITUTIONAL SYSTEM
REPUBLIC OF BASHKORTOSTAN

Article 1

The Republic of Bashkortostan is a democratic legal state within the Russian Federation, expressing the will and interests of the entire multinational people of the republic. The names "Republic of Bashkortostan" and "Bashkortostan" are equivalent.

The statehood of the Republic of Bashkortostan has the fullness of state power outside the jurisdiction of the Russian Federation and the powers of the Russian Federation on the subjects of joint jurisdiction of the Russian Federation and the Republic of Bashkortostan, has its own territory, population, system of government, its Constitution and legislation, as well as state languages ​​and state symbols Republic of Bashkortostan.

The status of the Republic of Bashkortostan and the borders of its territory may be changed only with the consent of the Republic of Bashkortostan.

The official languages ​​of the Republic of Bashkortostan are Bashkir and Russian.

Article 2

Man, his rights and freedoms are the highest value in the Republic of Bashkortostan. The recognition, observance and protection of human and civil rights and freedoms is the duty of the Republic of Bashkortostan as a state.

Chapter 2 Rights, freedoms and duties of man and citizen.

Chapter 3 Administrative-territorial structure and the capital of the Republic of Bashkortostan.

Chapter 4 Legislative power.

Chapter 5 Executive Power.

Chapter 6 Local government bodies of the Republic of Bashkortostan.

Chapter 7 The Judiciary

Chapter 8 Local government.

Chapter 9 Finance and Budget.

Chapter 10 State Symbols of the Republic of Bashkortostan.

Chapter 11 The procedure for amending and supplementing the constitution of the Republic of Bashkortostan.

In the Republic of Bashkortostan, private, state, municipal and other forms of ownership are recognized and provided with equal protection.

The official languages ​​of the Republic of Bashkortostan are Bashkir and Russian. The Head of the Republic of Bashkortostan is required to speak the state languages ​​of the Republic of Bashkortostan.

Everyone has the right to determine and indicate his nationality. No one may be forced to determine and indicate his nationality.

State emblem of the Republic of Bashkortostan: image of a monument to Salavat Yulaev against the backdrop of the rising sun and its rays, framed by a national ornament with images of the Kurai inflorescence, a ribbon painted in the colors of the State flag of the Republic of Bashkortostan, with the inscription “Bashkortostan” across the white field.

The national flag of the Republic of Bashkortostan: a three-color panel consisting of horizontal stripes of equal width in width: the upper strip is blue, the middle is white and the lower is green. In the center of the white strip, the emblem is depicted in golden color - a circle, inside of which there is a stylized kurai flower, consisting of seven petals.

Since March 27, 1996, the Constitutional Court of the Republic of Bashkortostan has been operating in the Republic of Belarus, which consists of four judges elected for a ten-year term (currently there are three judges appointed for a term of 12 years).

Tasks of the Constitutional Court of the Republic of Belarus:

• to provide legal protection of the highest legal force of the Constitution of the Republic of Bashkortostan on issues within the jurisdiction of the Republic of Bashkortostan,
• resolve cases on the constitutionality of laws and other regulatory legal acts adopted by public authorities, through abstract and specific normative control on written requests, petitions and complaints of applicants,
• to interpret the Constitution of the Republic of Bashkortostan,
• considers constitutional and legal issues, by their legal nature, nature and consequences, which are constitutional and referred to its competence by laws,
• apply in its jurisdiction the fundamental principles of legal proceedings, the principle of fidelity to the federation.

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