The constitutional court recognized the agreement on the border of Chechnya and Ingushetia
Request Yunus-Bek Yevkurov satisfied.
The constitutional court (CC) of the Russian Federation annulled the decision of the constitutional court of the Ingushetia Republic, abolishing the 30 September agreement on the ratification of the border between Ingushetia and Chechnya, as well as enshrining his law Ingushetia. COP Ingushetia have decided that this issue should have been resolved in a referendum. But the constitutional court today announced a ruling which acknowledged that the constitutional court of Ingushetia was not authorized to verify the agreement between the regions to satisfy the request of the head of Ingushetia, Yunus-Bek Yevkurov. He appealed to the constitutional court on 8 November on the background of mass protest rallies in the country. The opposition has described the appeal of the head of the Republic to the constitutional court of Russia as a provocation and a declared intention to “all available means” to achieve the denunciation of the agreement with Chechnya. The head of the constitutional court of Ingushetia, Ayup Gagiev November 23 refused to participate in the case: in his opinion, the question cannot be the subject of consideration by the constitutional court of the Russian Federation, and refers to the exclusive competence of the court headed by him. However, the constitutional court considered that the question of the borders between the regions the exclusive responsibility of the regional authorities is not true.
NewsRamzan Kadyrov: “the Caucasus and Russia as a whole need to unite, not to erect posts”
According to the constitutional court of the Russian Federation, the existing borders between the subjects can be changed during the transmission some part of the territory with their mutual consent and approved by the Federation Council. Since the border between the two neighboring entities was absent, we are not talking about changing the affiliation of a territory, and their establishment, recognized the COP, deciding that the approval of the Chechen-Ingush border, the Federation Council was not required.
The border between Ingushetia and Chechnya, the need to determine which stemmed from the law of the Russian Federation, 1992 “On formation of the Ingush Republic…”, after the transformation of the Chechen-Ingush Republic, to the agreement dated 26 September was not determined. This is confirmed by the Federal law “On measures of organization of local self-government in the Republic Ingushetia and the Chechen Republic” in which the question of the border between the newly formed entities are not affected, according to a decision of the constitutional court.
The authorities of the subjects of the Russian Federation is entitled to establish a municipal entity in its territory. While the borders of Ingushetia is not defined, not fixed and boundaries of municipalities, neighboring with Chechnya, decided by the COP.NewsFrom Republic to Republic
Otherwise would allow the population of municipalities to block the fixing of boundaries between neighbouring regions. The issues of organization of local self-government, the COP considered secondary to the issues of defining the boundaries of constituent entities of the Russian Federation.
The Constitution does not directly establish the cases in which the conduct of subjects of the referendum to address issues related to their territorial organization is a must, says the decision. The Constitution of Ingushetia will consider the views of the population of the territory concerned only with the change of borders between subjects of the Russian Federation. Any provisions about the referendum during the primary solution to the issue of the border with other subjects of the Russian Federation it does not contain, is recognized by the COP.
The opposition, recall, claims that the current border was changed. But the COP recognized that the referendum had been required.NewsChechnya and Ingushetia exchanged lands
The COP refused to recognize a violation of the Constitution and deviation from the procedure for the adoption of the disputed acts of the Parliament of Ingushetia, as urged by opposition MPs. The law “On approval of the Agreement on the establishment of the border between the Republic of Ingushetia and the Chechen Republic” — a special law, containing only two articles, of which this agreement is approved and shall be enforced. Because of this, there will be no change in the concept of the bill or adding deputies edits to the text decided by the constitutional court.
In the end, the Federal constitutional court ruled that the constitutional court of the Republic of Ingushetia has wrongfully terminated the contract, restoring the challenged action of the border. This position is fully consistent with the position of the heads of Chechnya and Ingushetia, as well as speaking on 27 November in KS representatives of the President and Federal authorities.