აფხაზეთის ავტონომიური რესპუბლიკის უმაღლესი წარმომადგენლობითი ორგანოს ლეგიტიმურობა დემოკრატიული და სამართლებრივი სახელმწიფოს კონტექსტში

The present paper examines the legislative acts of Georgia related to the Autonomous Republic of Abkhazia and its representative body. It will also consider the resolutions of the Parliament of Georgia, by which the Parliament of Georgia first dissolved, then confirmed its competence and established a permanent authority in Abkhazia as a representative body of the Autonomous Republic. The paper also presents international practice, in particular the legal regulations of Moldova, Ukraine and Azerbaijan in relation to their occupied territories. According to the Constitution of Georgia, Georgia is a democratic and legal state. Consequently, the source of governmental power is the people and power is exercised in accordance with the Constitution.
The investigation revealed that there is no law on dismissal and dismissal of the Supreme Council, however, the Parliament of Georgia has not adopted a constitutional law on the Abkhaz Autonomous Republic, therefore there is no unified legal framework on the powers of the Abkhaz Autonomous Republic and the Supreme Council in general. As a matter of fact, that the Constitution is the supreme law of the country it’s neglect is incompatible with the principle of the rule of law. It is as impossible as existence of a democratic country without elections.
Based on the above, the paper presents a conclusion, according to which it would be expedient for the Parliament of Georgia to adopt a constitutional law on the Autonomous Republic of Abkhazia and to take into account the rules of formation of a representative body. Thus, the Parliament of Georgia will create a legal basis for the functioning of the representative body of the occupied Abkhazia, by defining the rules of elections, eliminating the possibility of usurpation of power and, at the same time, ending the harmful practice of neglecting the obligation under the Constitution of Georgia.