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The Office of Public Prosecutor of Kabardino-Balkaria sent the parliament of KBR a protest in which it asked to bring two clauses of the Constitution of the republic into accord with the Organic law of the country and the federal legislation.

They meant clauses 4 and 9. The first one establishes that “the source of authority in KBR is the multinational people”. The second approves: “the land, the bowels, water, woods, the flora and the fauna, as well as the other natural resources are the belongings and the basis for living and activities of its people”.

The Office of Public Prosecutor of Kabardino-Balkaria referred to the definition of the Constitutional court of Russian Federation, born in connection to an inquiry of deputies of the State Duma of Russian Federation who had applied for constitutionality of separate positions of the Organic laws of Adygeya, Bashkortostan, Ingushetia, Komi, Northern Ossetia-Alania and Tatarstan: “the Constitution of Russian Federation does not suppose any other subject of sovereignty of Russian Federation”.

The Office of Public Prosecutor of KBR emphasized that according to the verdict of the Constitutional court of Russian Federation positions of the constitutions of the named republics according to which “the source of authority is the multinational people”, become invalid.

In the second case the Office of Public Prosecutor of Kabardino-Balkaria referred to the decision of the Constitutional court of Russian Federation on the case about analyzing for constitutionality of positions of the Organic law of Republic of Altai according to which “the ground, the bowels, woods, the flora and the fauna are the property of this subject of Russian Federation”. The Constitutional court of Russian Federation considers that recognition for that republic of the property right to all the natural resources situated in its territory, “limits the sovereignty of Russia and breaks the conducting and powers differentiation of the subjects established by its constitution”.

At the same time in relation to Republic of Altai by the Constitutional court of Russian Federation it was emphasized: “Announcement of the natural resources which are being in the territory of the republic, as a property of the people living there, does not contradict the Constitution of Russian Federation under condition of their simultaneous recognition as the public property of the whole multinational people of Russia”.

It is necessary to add: if in the Organic law of Republic of Altai it is spoken about “property” then in the Constitution of KBR the concept "belongings" is only used.

The KBR committee on legislation and state construction prepared a decision about rejection of the protest of the public prosecutor; however after consultations consideration of the document of the public prosecutor was postponed till the next session of the parliament.

Oleg Gusejnov, www.gazetayuga.ru

Natpress - Oct 23, 2009

Опубликовал administrator, 23-10-2009, 19:23. Просмотров: 775
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