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by The Principality of Romanovskaya. . 62 reads.

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Text Edition
Issue: 9 November 2019

Constitution
of the
Principality of Romanovskaya

(RR 101)


Issued by:
Legal Service of the Government of the Principality of Romanovskaya
2019


3
Constitution
of the
Principality of Romanovskaya

of 5 October 1921

    We, Xenia I, by the Grace of God, Princess of Romanovskaya, make known that the Constitution of 21 September 1898 has been modified by us with the assent of our Imperial Duma as follows:

Chapter I
The Principality

Article 1

  1. The Principality of Romanovskaya is a State consisting of two regions with fourteen communes. It is based upon the principle of enabling the people residing within its borders to live in peace and freedom. The region of Vyborgsky consists of the communes of Vyborg, Seleznyovo, Uuras, Beryozovskoye, Rayvola, Kivennapa, and Torfyanovka; the region of Korelasky consists of the communes of Korela, Kuznetsy, Sevastyanovo, Losevo, Sosnovo and Zaporozhskoye.

  2. Vyborg is the capital and the seat of the Imperial Duma and the Government.

Article 2

    The Principality is a constitutional, hereditary monarchy on a democratic and parliamentary basis (Art. 79 and 80); the power of the State is inherent in and issues from the Prince/Princess and the People shall be exercised by both in accordance with the provisions of the present Constitution.

Article 3

    The succession to the throne, hereditary in the Princely House of Romanovskaya, the coming-of-age of the Prince/Princess and of the Heir Apparent, as well as any guardianship which may be required, are to be determined by the Princely House in the form of a dynasty law.

Article 4

  1. Changes in the boundaries of the territory of the State may only be made by a law. Boundary changes between communes and the union of existing ones also require a majority decision of the citizens residing there who are entitled to vote.

  2. Individual communes have the right to secede from the State. A decision to initiate the secession procedure shall be taken by a majority of the citizens residing there who are entitled to vote. Secession shall be regulated by a law or, as the case may be, a treaty. In the latter event, a second ballot shall be held in the commune after the negotiations have been completed.

Article 5

    The coat of arms of the State is that of the Princely House of Romanovskaya; the national colours are yellow, black and white.

Article 6

    The Russian language is the national and official language.


4
Chapter II
The Prince/Princess

Article 7

  1. The Prince/Princess is the Head of State and shall exercise his/her sovereign authority in conformity with the provisions of the present Constitution and of the other laws.

  2. The Prince/Princess is not subject to the jurisdiction of the courts and does not have legal responsibility. The same applies to any member of the Princely House who exercises the function of head of state in accordance with Article 13a.

Article 8

  1. The Prince/Princess shall represent the State in all its relations with foreign countries, without prejudice to the necessary participation of the responsible Government.

  2. Treaties by which national territory is ceded, national property alienated, rights of sovereignty or State prerogatives disposed of, any new burden for the Principality or its citizens imposed or any obligation to the detriment of the rights of the People of the Principality contracted shall not be valid unless they have received the assent of the Imperial Duma.

Article 9

    Every law shall require the sanction of the Prince/Princess in order to acquire validity.

Article 10

  1. The Prince/Princess shall take, through the Government, and independently of the Imperial Duma, the steps required for the implementation and enforcement of the laws, and any action required in pursuance of the powers of administration and supervision, and shall issue the requisite ordinances (Art. 92). In urgent cases he/she shall take the necessary measures for the security and welfare of the State.

  2. Emergency decrees may not set aside the Constitution as a whole or individual provisions of it but may only limit the applicability of individual provisions. Emergency decrees can neither limit every person's right to life, the prohibition of torture an inhuman treatment or the prohibition of slavery and forced labour nor place any restriction on the "no punishment without law" rule. Moreover, the provisions of this Article cannot limit the scope of Art. 3, 13c and 113. Emergency decrees shall cease to apply six months after they have been issued.

Article 11

    The Prince/Princess shall appoint the judges in conformity with the provisions of the Constitution (Art. 96).

Article 12

  1. The Prince/Princess shall possess the prerogative of remitting, mitigating or commuting sentences which have been legally pronounced, and of quashing prosecutions that have been initiated.

  2. Only at the instigation of the Imperial Duma shall the Prince/Princess exercise his/her prerogative of remission or mitigation in favour of a member of the Government sentenced on account of his/her official acts.

Article 13a

    Every successor to the throne shall, before receiving the oath of allegiance, shall declare upon his/her Princely honour and dignity in a written proclamation that he/she will govern the Principality of Romanovskaya in conformity with the Constitution and the other laws, that he/she will maintain its integrity, and will observe the rights of sovereignty indivisibly and in like manner.

Article 13b

    The Prince/Princess may entrust the next Heir Apparent of his/her House who has attained majority with the exercise of the sovereign powers held by him/her as his/her representative should he/she be temporarily prevented or in preparation for the Succession.

Article 13c

    Not less than 9,500 citizens have the right to table a reasoned motion of no confidence in the Prince/Princess. The Imperial Duma must issue a recommendation on this at its next session and order the holding of a referendum in accordance with Art. 66 Para. 6. If the motion is accepted in the referendum, it must be communicated to the Prince/Princess for consideration under the dynasty law. The Prince/Princess must inform the Imperial Duma within six months of the decision reached in compliance with the said Law.



5
Chapter III
Functions of the State

Article 14

    The supreme function of the State is to promote the general welfare of the People. For this purpose, the State shall provide for the institution and maintenance of law, and for the protection of the religious, moral and economic interests of the People.

Article 15

    The State shall devote particular attention to education and schooling. This must be so ordered and administered that, from the co-operation of the family, the school and the Church, the younger generation may be imbued with religious and moral principles and patriotic sentiments and may be fitted for their future occupations.

Article 16

  1. The whole field of education and schooling shall be under the supervision of the State, without prejudice to the inviolability of the doctrine of the Church.

  2. Education shall be compulsory for all.

  3. The State shall ensure that adequate compulsory instruction in the elementary subjects is given free of charge in public schools.

  4. Religious instruction shall be given by the Church authorities.

  5. All persons with children in their care shall ensure that they receive education of the standard prescribed for public elementary schools.

  6. Anulled

  7. Anulled

  8. Private education shall be permissible provided that it conforms with the legal regulations governing the period of schooling, the educational aims and the arrangements prevailing in the public schools.

Article 17

  1. The State shall support and promote education and schooling.

  2. It shall provide appropriate scholarships to help children of good intellectual attainments but without financial means attend institutes of higher education.

Article 18

    The State shall be responsible for the public health system, assist institutions for the care of the sick, and seek by legislation to combat intemperance and to reform alcoholics and work-shy persons.

Article 19

  1. The State shall safeguard the right to work and shall protect the workers, especially women and young persons employed in commerce and industry.

  2. Sundays and public holidays recognized by the State shall be observed as public days of rest, without prejudice to the legal regulations concerning rest on Sundays and public holidays.

Article 20

  1. To increase employment and to advance its economic interests, the State shall promote and assist agriculture, trade and industry. In particular, it shall promote insurance against damage and injuries to which workers and goods are exposed, and shall take measures to prevent such injuries and damage.

  2. It shall pay special attention to the development of the transportation system in accordance with modern requirements.

  3. It shall support landslide control measures and afforestation and drainage operations and shall monitor and encourage every endeavour to develop new sources of income.

Article 21

    The State shall possess sovereign rights over waters in conformity with the laws existing or to be enacted hereafter in this matter. The utilisation and distribution of such waters and flood control measures shall be regulated by law and promoted, with due regard to the development of technology. Rights relating to electricity shall be regulated by law.

Article 22

    The State shall exercise sovereign rights over hunting, fishing and mining; when legislating on these matters, it shall protect the interests of agriculture and of communal revenues.

Article 23

    The currency and banking system shall be regulated by the State.

Article 24

  1. By enacting the necessary legislation, the State shall provide for an equitable system of taxation, which shall exempt from taxation incomes below a minimum standard of living and shall impose heavier burdens on persons in higher wealth or income brackets.

  2. The financial situation of the State must be improved to the utmost possible extent and every effort must be made to open up new sources of revenue to meet public needs.

Article 25

    Public poor relief shall be administered by the communes in conformity with specific laws. The State shall be responsible, however, for the supervision of such activities. It may grant appropriate assistance to the communes, especially for the proper care of orphans, the mentally handicapped, persons suffering from incurable diseases and the aged.

Article 26

    The State shall support and promote health, old age, disability and fire insurance schemes

Article 27

  1. The State shall provide for a rapid procedure for legal actions and the execution thereof, under conditions that will safeguard material rights; it shall also provide for a system of administrative law based on the same principles.

  2. The exercise of the professional representation of parties shall be regulated by law.


6
Chapter IV
General Rights and Obligations of Citizens of the Principality

Article 28

  1. Every citizen shall be freely entitled to reside in any locality within the territory of the State and to acquire property of any description, provided that he observes the detailed legal regulations relating to such matters.

  2. The domicile rights of aliens shall be determined by treaties or, in their absence, on a basis of reciprocity.

  3. Persons staying within the territory of the Principality shall be bound to observe its laws and shall be entitled to the protection afforded by the Constitution and the other laws.

Article 29

  1. All citizens shall be entitled to civic rights in conformity with the provisions of the present Constitution.

  2. All citizens who have completed their 18th year, have their normal residence in the Principality and whose right to vote has not been lost may exercise all political rights in matters of State.

Article 30

    The conditions under which citizenship rights may be acquired or forfeited shall be determined by law.

Article 31

  1. All citizens shall be equal before the law. The public offices shall be equally open to them, subject to observance of the legal regulations.

  2. There shall be equality of rights between the sexes.

  3. The rights of aliens shall be determined in the first instance by treaties, or, in the absence of such, on the basis of reciprocity.

Article 32

  1. Personal liberty, the immunity of the home and the inviolability of letters and written matter are guaranteed.

  2. Except in the cases specified in law and in the manner thus prescribed, no person may be arrested or detained in custody, no houses or persons may be searched and no letters or written matter may be examined or seized.

  3. Persons arrested unlawfully or when demonstrably innocent and those proved innocent after conviction shall be entitled to full compensation from the State as determined by the courts. Whether and to what extent the State has a right of recourse against third parties in such cases shall be regulated by law.

Article 33

  1. Nobody may be deprived of his proper judge; special tribunals may not be instituted.

  2. Nobody may be threatened with or subjected to penalties other than those provided by the law.

  3. Accused persons shall have the right of defence in all penal proceedings.

Article 34

  1. The inviolability of private property is guaranteed; confiscation may only take place in such cases as determined by law.

  2. Copyright shall be regulated by law.

Article 35

  1. Where necessary in the public interest, property of any kind may be compulsorily assigned or subjected to an encumbrance, against appropriate compensation, the amount of which in cases of dispute shall be determined by the courts.

  2. The procedure for expropriation shall be regulated by law.

Article 36

    Trade and industry shall be free within the limits prescribed by law; the extent to which exclusive commercial and industrial privileges may be admissible for specified periods of time shall be regulated by law.

Article 37

  1. Freedom of belief and conscience are guaranteed for all persons.

  2. The Orthodox Catholic Church is the State Church and as such enjoys the full protection of the State; other confessions shall be entitled to practise their creeds and to hold religious services to the extent consistent with morality and public order.

Article 38

    The right of ownership and all other proprietary rights of ecclesiastical communities and religious associations in respect of their institutions, foundations and other possessions devoted to worship, education and charity are guaranteed. The administration of Church property in the parishes shall be regulated by a special law; the assent of the Church authorities shall be sought before the said law is promulgated.

Article 39

    The enjoyment of civil and political rights shall not be dependent on religious belief nor may the latter constitute a ground for any dereliction of civil obligations.

Article 40

    Every person shall be entitled to freely express his/her opinion and to communicate hi/hers ideas by word of mouth or in writing, print or pictures within the limits of the law and morality; no censorship may be exercised except in respect of public performances and exhibitions.

Article 41

    The right of free association and assembly is guaranteed within the limits prescribed by law.

Article 42

    The right to petition the Imperial Duma and the National Committee is guaranteed; not only individuals whose rights or interests are affected but also communes and corporations are entitled to have their wishes and requests brought before the Imperial Duma by a member of that body.

Article 43

    The right of complaint is guaranteed. Any citizen shall be entitled to lodge a complaint regarding any action or procedure on the part of a public authority which is contrary to the Constitution, the law or the official regulations and detrimental to his rights or interests. Such complaint shall be addressed to that authority which is immediately superior to the authority concerned and may, if necessary, be pursued to the highest authority, except when the right of recourse may be barred by a legal restriction. If a complaint thus submitted is rejected by the superior authority, the latter shall be bound to declare to the complaining party the reasons for its decision.

Article 44

  1. Every man fit to bear arms shall be liable, up to the completion of his 60th year, to serve in the defence of his country in the event of emergency.

  2. After the completion of each mans education and reaching their 18th year, they must complete a minimum 1 year of national service.


7
Chapter V
The Imperial Duma

Article 45

  1. The Imperial Duma is the legal organ representing all the citizens of the Principality and as such has the duty of safeguarding and vindicating the rights and interest of the People in relation to the Government in conformity with the provisions of the present Constitution and also of promoting as far as possible the welfare of the Princely House and of the country while faithfully adhering to the principles laid down in this Constitution.

  2. The rights appertaining to the Imperial Duma may only be exercised in the lawfully constituted assembly of that body.

Article 46

  1. The Imperial Duma shall consist of 24 Representatives who shall be elected by the People by universal, equal, secret and direct suffrage according to the system of proportional representation. The Vyborgsky District and Korelasky District shall each form a constituency. Of the 24 Representatives, 16 shall be elected by the Vyborgsky District and 8 by Korelasky District.

  2. In addition to the 24 Representatives, 3 Representatives shall be nominated by the Prince/Princess. Another 3 Representatives will be elected by graduates of the university in Vyborg.

  3. Anulled

  4. The members of the Courts may not be members of the Imperial Duma at the same time.

  5. Detailed regulations regarding the conduct of the elections shall be laid down in a special law.1

Article 47

  1. The Representatives shall be elected for four years, provided that the regular elections shall be held in the February or March of the year when the fourth year of their mandate ends. Representatives shall be eligible for re-election.

  2. Annulled

Article 48

  1. The Prince/Princess has the right, subject to the exception laid down in the following Paragraph, to convene the Imperial Duma, to close it, and, on warrantable grounds, which must on each occasion be communicated to the assembled Imperial Duma, to prorogue it for three months or to dissolve it. The prorogation, closing or dissolution of the Imperial Duma may only be proclaimed before the assembled Imperial Duma.

  2. In pursuance of a substantiated written request submitted by not less than 7,500 citizens entitled to vote or of a resolution adopted by the communal assemblies of not less than three communes, the Imperial Duma must be convened.

  3. Subject to the same conditions as in the preceding Paragraph, 9,500 citizens entitled to vote or four communes which have adopted resolutions to that effect at their communal assemblies may demand a referendum with regard to the dissolution of the Imperial Duma.

Article 49

  1. The regular convocation of the Imperial Duma shall be issued at the beginning of every year in the form of a Princely edict, indicating the place, day and hour of the assembly.

  2. The sessions of the Imperial Duma during the course of the year shall be decreed by its President.

  3. When a period of prorogation has expired, a fresh summons convening the Imperial Duma shall be issued within one month in the form of a Princely edict.

  4. Annulled

Article 50

    Should the Imperial Duma be dissolved, new elections must take place within six weeks. The newly elected Representatives shall then be summoned to meet within fourteen days.

Article 51

  1. In the case of an accession to the Throne, the Imperial Duma shall be convened to an extraordinary session within 30 days for the purpose of receiving the declaration of the Prince/Princess as provided for in Art. 13 and of taking the oath of allegiance.

  2. If the Imperial Duma has already been dissolved, the new elections shall be expedited so that it may be convened at the latest on the fortieth day after the accession of the new sovereign.

Article 52

  1. At its first regularly convened sitting, the Imperial Duma shall proceed, under the chairmanship of its oldest member, to the election of a President and a Vice-President from among its members to direct its business for the current year.

  2. Annulled

Article 53

    The Representatives shall be bound to attend in person at the seat of the Government in compliance with the notice of convocation. If a Representative is impeded from attending, he/she must, on receiving the first notice of convocation, promptly notify the Government and subsequently the President, stating the reasons preventing his attendance. If the impediment is of a permanent nature, a by-election shall be held.

Article 54

  1. The Imperial Duma shall be opened with due solemnity by the Prince/Princess, in person or by his/her proxy. All the new members shall swear the following oath to the Prince/Princess or his/her proxy:

    "I hereby swear to observe the State Constitution and the existing laws and to promote in the Imperial Duma the welfare of the country, without any ulterior motives, to the best of my ability and conscience. So help me God."

  2. Subsequent members of the Imperial Duma shall take this oath before the President.

Article 55

    The Imperial Duma shall be closed by the Prince/Princess, in person or by his/her proxy.

Article 56

  1. No Representative may be arrested while the Imperial Duma is in session without the assent of that body unless he is apprehended in flagrante delicto.

  2. In the latter case, the arrest and the grounds therefore must be notified forthwith to the Imperial Duma, which shall decide whether the arrest is to be sustained. All papers relating to the case must be placed immediately at the disposal of the Imperial Duma if it so requests.

  3. If a Representative is arrested at a time when the Imperial Duma is not in session, the National Committee must be notified forthwith, and informed at the same time of the grounds for the arrest.

Article 57

  1. The members of the Imperial Duma shall vote solely according to their oath and their convictions. They shall never be made to answer for their votes; for their utterances at sittings of the Imperial Duma or its committees, they shall be responsible to the Imperial Duma alone and can never be sued before a court of justice in respect thereof.

  2. The exercise of disciplinary powers shall be regulated by rules of procedure to be issued hereafter.

Article 58

  1. For a decision of the Imperial Duma to be valid, at least two-thirds of the statutory number of Representatives must be present and it must be adopted by an absolute majority of the members present, except as may otherwise be provided in the present Constitution or in the rules of procedure. The same rules shall apply to elections which the Imperial Duma has to undertake.

  2. In the event of an equal division of votes, the President shall have the casting vote: for an election, after the third round of voting and in all other cases after the first round.

Article 59

  1. Complaints relating to elections shall be referred to the State Court.

  2. The Imperial Duma shall adjudicate on the validity of the election of its members and of the election as such on the basis of the election records and, if applicable, of the decision of the State Court (validation procedure).

Article 60

    The Imperial Duma shall adopt its rules of procedure by a resolution and with due regard to the provisions of the present Constitution.

Article 61

    Representatives shall receive from the State Treasury a daily allowance and travel expenses as prescribed by law.

Article 62

    In particular, the following matters shall fall within the sphere of activity of the Imperial Duma:
    1. participation in the work of legislation in accordance with the Constitution;

    2. participation in the conclusion of treaties (Art. 8);

    3. the establishment of the annual budget and the authorization of taxes and other public dues;

    4. resolutions on credits, pledges and loans chargeable to the State, and the purchase and sale of State property;

    5. the resolution on the annual report furnished annually by the Government on the whole of the State administration;

    6. the submission of suggestions and complaints and the exercise of control with regard to the State administration as a whole (Art. 63);

    7. the impeachment of members of the Government before the State Court for breaches of the Constitution or of other laws.

    8. the passing of a resolution on a vote of no confidence in the Government or one of its members.

Article 63a

  1. The Imperial Duma shall have the right of control over the whole of the State administration, including the administration of justice. It shall exercise this right inter alia through an audit committee which it shall elect. Its right of control extends neither to the judgments of the courts nor to the functions assigned to the Prince/Princess.

  2. The Imperial Duma may at any time bring defects or abuses which it has observed in the State administration directly to the notice of the Prince/Princess or the Government by the submission of memorials or complaints and to request their redress. The results of the enquiry instituted in respect of such matters and the measures ordered in consequence shall be communicated to the Imperial Duma.

  3. Annulled.

  4. The representative of the Government must be given a hearing and shall be bound to answer interpellations addressed to him by members of the Imperial Duma.

Article 63b

    The Imperial Duma has the right to appoint investigational committees. It is obliged to do so when at least one quarter of the number of Representatives fixed by law requests this.

Article 63c

    The Imperial Duma shall have the right to appoint a Finance Commission to which the passing of resolutions on the acquisition or alienation of landed property may also be transferred.

Article 64

  1. The right of initiative with regard to legislation, that is to say, the right of introducing bills, shall appertain to:

    1. the Prince/Princess, in the form of Government bills;

    2. the Imperial Duma itself;

    3. citizens with the right to vote, subject to the following provisions.

      1. If not less than 7,500 citizens entitled to vote, whose signatures and qualification to vote are duly certified by the authorities of the commune in which they reside, submit a petition in writing or if at least three communes do so in the form of resolutions of the communal assembly in similar terms requesting the enactment, amendment or revocation of a law, such petition must be debated at the next session of the Imperial Duma.

      2. If a petition from one of the organs referred to under a) to c) above concerns the enactment of a law which has not already been provided for in the present Constitution and the adoption of which would involve public expenditure, whether in a single sum not provided for in the Finance Bill or in payments extending over a longer period, such petition shall only be discussed by the Imperial Duma if it is accompanied by proposals for providing the necessary funds.

      3. A petition submitted under the right of initiative and concerning the Constitution may only be brought by not less than 9,500 citizens entitled to vote or by at least four communes.

      4. Further detailed regulations regarding this popular initiative shall be laid down in a law.

Article 65

  1. Without the participation of the Imperial Duma, no law may be issued, amended, or declared to be in force. For a law to become valid, it must in every case receive the assent of the Imperial Duma and be sanctioned by the Prince/Princess and countersigned by the responsible Head of the Government or his deputy. If the Prince/Princess does not give his assent within six months, it shall be deemed to have been refused.

  2. In addition, a popular vote (referendum) shall be held under the conditions set forth in the following Article.

Article 66a

  1. Every law passed by the Imperial Duma which it does not declare to be urgent or any financial resolution which it does not declare urgent, if it involves a new non-recurrent expenditure of not less than 4,250,000 Imperial Rubles or a new annual expenditure of 2,150,000 Imperial Rubles, shall be submitted to a referendum if the Imperial Duma so decides or if not less than 7,500 citizens with the right to vote or not less than three communes submit a petition to that effect, according to the procedure prescribed in Art. 64, within 30 days of the official publication of the resolution of the Imperial Duma.

  2. If the issue affects the Constitution as a whole or in part, the demand for a referendum must be made by not less than 9,500 citizens with the right to vote or by not less than four communes.

  3. The Imperial Duma is authorized to call for a referendum on the adoption of any of the principles embodied in a proposed law.

  4. The referendum shall be held by communes; the acceptance or rejection of the resolution on the enactment of the law shall be decided by an absolute majority of the valid votes recorded in the whole of the country.

  5. Resolutions on the enactment of laws subject to a referendum shall not be submitted to the Prince/Princess for sanction until the referendum has been held or until the statutory period of thirty days within which a petition for a referendum may be submitted has expired without any such action.

  6. If the Imperial Duma rejects a bill drawn up in due form and accompanied if necessary by proposals for providing the necessary funds and which has been submitted to it through the procedure of the popular initiative (Art. 64 Para. 1 lit. c), the said bill shall be submitted to a referendum. The acceptance of the bill by the citizens entitled to vote shall then have the same force as a resolution of the Imperial Duma otherwise necessary for the adoption of a law.

  7. Further detailed regulations regarding the referendum shall be issued in the form of a law.

Article 66b

  1. Any resolution of the Imperial Duma concerning assent to a treaty (Art. 8) must be submitted to a referendum if the Imperial Duma so decides or if not less than 9,500 citizens with the right to vote or not less than four communes submit a petition to that effect, according to the procedure prescribed in Art. 64, within 30 days of the official publication of the resolution of the Imperial Duma.

  2. In the referendum, the acceptance or rejection of the resolution by the Imperial Duma shall be decided by an absolute majority of the valid votes recorded in the whole of the country.

  3. Further detailed regulations regarding the referendum shall be issued in the form of a law.

Article 67

  1. Unless it contains any other stipulation, a law shall come into force on the expiry of eight days after the date of its publication in the National Legal Gazette.

  2. The manner and extent of the publication of laws, finance resolutions, treaties, regulations, resolutions of international organizations and of the law applicable by reason of international treaties shall be regulated by law. For the law applicable in Romanovskaya by reason of international treaties, a publication may be arranged in a simplified form, in particular as a reference publication to foreign codes.

  3. Annulled

Article 68

  1. Without the approval of the Imperial Duma, no direct or indirect taxes or any other public dues or general levies, under any designation whatsoever, may be imposed or collected. The fact that this approval has been given must be expressly mentioned in the tax demand notice.

  2. The system by which all public taxes and dues are to be apportioned, their incidence on persons and objects, and the manner in which they are to be collected shall also require the approval of the Imperial Duma.

  3. Taxes and dues shall normally be authorized for the period of one administrative year.

Article 69

  1. With regard to the State administration, the Government shall submit to the Imperial Duma for examination and approval preliminary estimates of all expenditures and revenues for the coming administrative year, accompanied by proposals for the taxation which is to be levied.

  2. In the first half of each administrative year, the Government shall submit to the Imperial Duma an exact statement relating to the preceding administrative year, showing the manner in which revenues approved and collected were applied to the purposes set forth in the preliminary estimates, with the provision, however, that if the latter have been exceeded on justifiable grounds the Imperial Duma must give its approval, and that in the absence of justification the Government shall be answerable.

  3. Government shall be entitled, subject to the same conditions as above, to incur expenditure of an urgent character not provided for in the estimates.

  4. Economies effected in the case of individual items of the estimates may not be applied to cover excess expenditure for other items.

Article 70

    The Government shall administer the financial assets of the State in accordance with principles which it shall lay down in agreement with the Imperial Duma. It shall submit a report to the Imperial Duma together with the annual accounts (Art. 69 Para. 2).



8
Chapter VI
The National Committee

Article 71

  • The National Committee shall be constituted to act in place of the Imperial Duma for any business which requires the participation of the latter or of its committees during the period between the adjournment, closing or dissolution of the Imperial Duma and the date of its next meeting, without prejudice, however, to the provisions of Art. 48 to 51 concerning the time limits for the reconvocation of the Imperial Duma and for the holding of new elections.

Article 72

  1. The National Committee shall be composed of the President and Vice-President of the Imperial Duma, the Prime Minister and the Deputy Prime Minister.

  2. Under all circumstances, the Imperial Duma must be enabled to hold this election during the same session at which its prorogation, closing or dissolution is announced.

Article 73

    The term of office of the National Committee shall expire when the Imperial Duma reconvenes.

Article 74

    The National Committee shall have the following special powers and duties:

  1. to ensure that the Constitution is observed, that steps are taken for the execution of the decisions of the Imperial Duma, and, if the Imperial Duma should have been dissolved or adjourned, that it is reconvened within the prescribed time;

  2. to audit the accounts of the State Treasury and to transmit the same to the Imperial Duma, together with its report and proposals;

  3. to append its signature to acknowledgements in respect of debts and securities made out against the State Treasury in pursuance of a previous resolution of the Imperial Duma;

  4. to carry out special tasks entrusted to it by the Imperial Duma for the preparation of future proceedings of the latter;

  5. in urgent cases, to bring matters to the notice of the Prince/Princess or the Government, and to lodge representations, protests or remonstrances in the case of any menace to or violation of constitutional rights;

  6. should the circumstances require it, to propose the convocation of the Imperial Duma.

Article 75

    The National Committee may not enter into any permanent obligation on behalf of the Principality and shall be responsible to the Imperial Duma for its conduct of affairs.

Article 76

  1. The meetings of the National Committee shall take place as required at the seat of the Government upon convocation by the President.

  2. For its decisions to be valid, at least three members must be present.

Article 77

    During the sessions of the National Committee, its members shall receive the same daily allowance and travel expenses as the members of the Imperial Duma.



9
Chapter VII
The Government

Article 78

  1. Subject to the following provisions of this Article, the whole of the national administration shall be conducted by the Government responsible to the Prince/Princess and the Imperial Duma in conformity with the provisions of the present Constitution and the other laws.

  2. To be dealt with independently, specific functions may be transferred by law or by legally binding authorizations to certain officials, government offices or special commissions, subject to recourse to the Government.

  3. Special commissions for dealing with complaints may be set up by law to act on behalf of the Government.

  4. For the performance of economic, social and cultural obligations, special corporations, institutions and foundations of public law may be established by legislation and placed under the supervision of the Government.

Article 79

  1. The Government shall consist of the Head of the Government and eight Government Ministers.

  2. The Head of the Government and the Government Ministers shall be appointed by the Prince/Princess with the concurrence of the Imperial Duma and on the proposal of the latter. A substitute shall be appointed in like manner for the Head of the Government to represent the Head of the Government in question who may be prevented from attending the meetings of the Government.

  3. On the proposal of the Imperial Duma, one of the Government Ministers shall be appointed by the Prince/Princess as the Deputy Head of the Government.

  4. The members of the Government must be citizens of Romanovskaya and members of the Imperial Duma.

  5. Anulled.

  6. The period of office of the Government shall be four years. Until a new Government is appointed, the previous members shall be responsible for carrying on Government business unless Art. 80 is applied.

Article 80

  1. If the Government loses the confidence of the Prince/Princess or the Imperial Duma, it shall lose its power to exercise its functions. For the period until the new Government takes office, the Prince/Princess, by application of the provisions of Art. 79 Paras. 1 and 4, shall appoint an interim Government to carry out the administration of the state (Art. 79 Para. 1). After four months at the latest, the interim Government shall submit to a vote of confidence in the Imperial Duma unless the Prince/Princess has previously appointed a new Government on the Imperial Duma's recommendation (Art. 79 Para. 2).

  2. If a member of the Government should lose the confidence of the Prince/Princess or the Imperial Duma, the decision on whether to allow him or her to continue in office shall be taken by the Prince/Princess in agreement with the Imperial Duma. Until the new member is appointed, his/her official duties shall be performed by his/her deputy.

Article 81

    For a decision of the Government to be valid, at least five members must be present and a majority of those members present must vote in favour. In the event of a tie, the Prime Minister has the casting vote. Voting is compulsory.

Article 82

    The grounds on which a member of the Government may be debarred from the performance of an official act or invited to abstain therefrom shall be laid down in law.

Article 83

    Government business shall be dealt with partly on a collegial basis and partly on a departmental basis.

Article 84

    The Government shall issue its rules of procedure in the form of a Government regulation.

Article 85

    The Head of the Government shall preside at meetings of the Government, deal with business directly entrusted to him/her by the Prince/Princess, and countersign the laws and any decrees or ordinances issued by the Prince/Princess or a Regent. At public ceremonies he/she shall be accorded the honours prescribed by the regulations for the Representative of the Prince/Princess.

Article 86

  1. The Head of the Government shall submit reports by word of mouth or in writing to the Prince/Princess with regard to matters placed under the authority of the Sovereign.

  2. The texts of the decisions adopted by the Sovereign on his/her proposal shall be signed by the Prince/Princess with his/her own hand and shall also be countersigned by the Head of the Government.

Article 87

    The Head of the Government shall take his/her oath of office before the Prince/Princess or the Regent; the other members of the Government and the State officials shall be sworn in by the Head of the Government.

Article 88

    If the Head of the Government should be prevented from attending to his/her duties, the Deputy Head of the Government shall take over those functions which, according to the Constitution, expressly appertain to the Head of the Government. If the Deputy Head of the Government should also be prevented, the eldest Government Councillor shall take his/her place.

Article 89

    The Head of the Government shall sign the decrees and orders issued by the Government in pursuance of its decisions taken in council. He/She shall further exercise direct supervision over the conduct of business in the Government.

Article 90

  1. All important matters assigned to the Government, especially the settlement of administrative disputes, shall be discussed and decided by the Government in council. Certain less important matters may be assigned by law to the appropriate members of the Government in accordance with the distribution of Government business to be dealt with independently.

  2. Minutes shall be taken at Government meetings by the Government Secretary, or, if he/she should be prevented, by a substitute to be appointed by the Government.

  3. The Head of the Government is responsible for executing the decisions of the Government. Only if he/she is of the opinion that a decision is contrary to existing laws or regulations may he delay its execution. He/She must, however, immediately notify the Administrative Court of the matter which, without prejudice to the right of appeal of a party involved, shall determine whether the decision shall be implemented or not.

Article 91

    At the beginning of each period of office, the Government shall distribute its business between the Head of the Government and the Government Ministers to prepare the matters to be determined in council and to deal with that business which by law may be treated independently. A system of mutual deputizing shall be arranged for cases of indisposition.

Article 92

  1. The Government shall be responsible for the execution of all laws and of all such tasks as may be lawfully entrusted to it by the Prince/Princess or the Imperial Duma. To give effect to the laws, it shall issue the necessary implementation regulations which must, however, remain within the limits of the said laws.

  2. To give effect to the laws and directly applicable treaties, it shall issue the necessary implementation regulations which must, however, remain within the limits of the said laws and directly applicable treaties.

  3. To meet other treaty obligations, the Government may issue the necessary decrees provided that no new laws are required.

  4. All organs of the national administration may only act within the limits of the Constitution and the laws and the provisions of the treaties. Even in matters where the law allows the administrative authorities freedom of judgement, the limits imposed thereon by the law must be scrupulously observed.

Article 93

    The following matters in particular shall fall within the sphere of action of the Government:
  1. surveillance over all authorities and officials placed under the Government, and the exercise of disciplinary powers in respect of officials;

  2. the allotment of the staff required for the Government and the other authorities;

  3. supervision of the prisons and of the treatment of persons detained in custody and of convicts;

  4. the administration of buildings belonging to the State;

  5. supervision of the despatch of business by the Princely Court to ensure that it is conducted lawfully and diligently and the notification to the High Court of Appeal of any irregularities observed;

  6. the preparation of the report on its official activities to be submitted annually to the Imperial Duma;

  7. the preparation of Government bills for submission to the Imperial Duma and the expression of its opinion on proposals submitted to it for that purpose by the Imperial Duma;

  8. the deciding of urgent expenditure not provided for in the estimates.

Article 94

    The organization of the administration shall be established by law.



10
Chapter VIII
The Courts
A. General Provisions

Article 95

  1. The whole administration of justice shall be carried out in the name of the Prince/Princess and the People by responsible judges appointed by the Prince/Princess (Art. 11). The decisions of the judges in the form of judgments shall be delivered and drawn up "in the name of the Prince/Princess and the People".

  2. The judges, within the lawful limits of their powers and when engaged in judicial proceedings, shall, in the exercise of their judicial office, be independent. Their decisions and judgements shall be accompanied by the grounds for such. The influence of non-judicial bodies on these decisions and judgements is only permissible to the extent expressly provided for by the Constitution (Art. 12).

  3. Judges within the intendment of this Article are the judges at all ordinary courts (Art. 97 to 101), the Administrative Court (Art. 102 and 103) and the State Court (Art. 104 and 105).

Article 96

  1. For the selection of judges, the Prince/Princess and the Imperial Duma shall refer to a joint commission chaired by the Prince/Princess, who shall have a casting vote. He/She may appoint as many members to this body as the Imperial Duma delegates representatives. The Imperial Duma shall appoint one member for each electoral group represented in it. The Government shall appoint the member of the Government responsible for supervising the administration of justice. The commission's deliberations shall be confidential. The commission may only recommend candidates to the Imperial Duma with the Prince/Princess's assent. If the Imperial Duma chooses the recommended candidate, he or she shall be appointed a judge by the Prince/Princess.

  2. If the Imperial Duma rejects a candidate recommended by the commission and no agreement on a new candidate can be reached within four weeks, the Imperial Duma shall propose its own candidate and set a date for a referendum. In the event of a referendum, the citizens entitled to vote shall have the right to nominate candidates under the conditions of an initiative (Art. 64). If the vote concerns more than two candidates, a second ballot must be held pursuant to Art. 113 Para. 2. The candidate who receives the absolute majority of votes cast shall be appointed a judge by the Prince/Princess.

  3. A judge appointed for a fixed period shall remain in office until his successor is sworn in.

B. The Ordinary Courts

Article 97

  1. Jurisdiction on ordinary civil and criminal matters shall be exercised in first instance by the Princely Court at Vyborg, in second instance by the High Court of Appeal at Vyborg, and in third instance by the Supreme Court.

  2. The organization of the ordinary courts, the procedure and the scale of fees shall be laid down by law.

Article 98

    The execution of individual, precisely specified kinds of business of the judicial authority of the first instance may be assigned under the law to specially trained, non-judicial officials of the Princely Court who are bound by instructions.

Article 99

    The revenue authorities and the officials of the Crown lands shall appear before the ordinary courts as plaintiffs and defendants.

Article 100

  1. The procedure in civil disputes shall conform to the principles of oral proceedings, direct hearing and free evaluation of facts and evidence. In penal cases the principle of arraignment shall also be observed.

  2. Ordinary civil cases, in first instance, shall be heard by one or more judges, acting individually.

  3. The High Court of Appeal and the Supreme Court are collegial judicial bodies.

  4. In criminal cases, justice shall be administered in first instance in the Princely Court by this court, if need be by the magistrates court, by the Criminal Court or by the Juvenile Court.

Article 101

  1. One of the judges of the Princely Court shall be appointed the President in charge of that court (Art. 96) and shall exercise, in first instance, disciplinary authority over the non-judicial officials of the said court.

  2. The High Court of Appeal shall supervise the administration of justice and shall exercise disciplinary authority over the judicial officials of the Princely Court; it shall also exercise disciplinary authority in second instance over the non-judicial officials of the Princely Court.

  3. The Supreme Court shall exercise disciplinary powers over the members of the High Court of Appeal and shall also act as a court of appeal in disciplinary questions for the judicial officials of the Princely Court.

C. The Administrative Court

Article 102

  1. The Administrative Court shall consist of five judges and five substitutes appointed by the Prince/Princess (Art. 96). The majority of the judges must possess Romanovskaya citizenship and have legal training.

  2. The term of office of the judges and substitutes of the Administrative Court shall be five years. It shall be organised in such a way that one judge or substitute retires every year. In the case of the first appointments, the duration of the term of office of the judges and substitutes shall be determined by drawing lots. If a judge or substitute retires early, a successor shall be appointed for the remaining period of his term of office.

  3. The five judges shall hold an annual election in their own ranks to choose a President and a Deputy President. A judge is eligible for re-election.

  4. If a judge is unable to attend court, a substitute shall deputize for him or her. In such cases a rota system should be used.

  5. Unless otherwise provided for by law, all decisions or orders made of the Government and of the special commissions appointed instead of the Collegial Government (Art. 78 Para. 3) shall be subject to an appeal to the Administrative Court.

Article 103

    Detailed instructions regarding procedure, abstention, allowances to be paid to the members, and fees to be paid by the parties involved shall be laid down in a separate law.

D. The State Court

Article 104

  1. A State Court shall be established by a special law as a court of public law to protect rights accorded by the Constitution, to decide in conflicts of jurisdiction between the law courts and the administrative authorities and to act as a disciplinary court for members of the Government.

  2. The said court shall also have jurisdiction to determine whether laws and treaties are in conformity with the Constitution and whether Government regulations are in conformity with the laws; in such eases it may declare their annulment. Finally, it shall also act as an electoral tribunal.

Article 105

    The State Court shall consist of five judges and substitutes appointed by the Prince/Princess (Art. 96). The President of the State Court and the majority of the judges must possess Romanovskaya citizenship. Furthermore, the provisions of Art. 102 apply mutatis mutandis.



11
Chapter IX
Administrative Bodies and Civil Servants

Article 106

  1. New permanent civil service posts may only be created with the assent of the Imperial Duma. Candidates for permanent employment in the Romanovskaya civil service must possess civic rights in the Principality, without prejudice to any further conditions required by the present Constitution and treaty obligations. No exception to this rule may be made without the assent of the Imperial Duma.

  2. The same shall apply to new permanent appointments to the judiciary.

Article 107

    The organization of the authorities shall be determined by legislation. Subject to treaty obligations, all authorities must have their seat within the territory of the State; collegial authorities must include at least a majority of Romanovskaya citizens.

Article 108

    Members of the Government, State officials, and all mayors, their deputies and the treasurers of the communes shall take the following oath on appointment: "I swear that I will be loyal to the Prince/Princess, that I will obey the laws and that I will strictly observe the Constitution. So help me God."

Article 109

  1. The State, the communes and other corporations, establishments and foundations of public law are liable for damage caused to third persons by individuals acting as their bodies who in their official capacity act illegally. In the case of wilful damage or gross negligence, restitution by the responsible persons is reserved.

  2. Individuals acting as bodies are answerable to the State, the commune, or other corporation, establishment or foundation of public law which they serve for any damage directly caused to such bodies through the wilful or grossly negligent breach of their official duties.

  3. Further provisions, especially those relating to competence, shall be laid down in a separate law.



12
Chapter X
Communal Affairs

Article 110

  1. Provisions concerning the number, organization and duties of the communes in their own sphere of action and in that assigned to them shall be laid down in the laws.

  2. The laws concerning the communes shall establish the following principles:

  3. free election of the mayor and of the other officials of the commune by the communal assembly;

  4. autonomous management of the communal property and administration of the local police under the supervision of the Government;

  5. maintenance of a well-ordered poor-relief system under the supervision of the Government;

  6. the right of the commune to grant citizenship and the freedom of citizens of the Principality to reside in any commune.

Article 111

    Every citizen of Romanovskaya who is eighteen years of age and residing in a commune but who does not yet possess the right to vote or to take part in elections may vote or take part in elections in communal affairs.



13
Chapter XI
The Maintenance of the Constitution

Article 112

  1. The present Constitution shall be universally binding after its promulgation as a fundamental law of the country.

  2. either by the unanimous vote of the members present or by a majority of three-quarters of the members present at two successive sittings of the Imperial Duma, where appropriate a referendum (Art. 66) and in any event the subsequent assent of the Prince/Princess, with the exception of the procedure to abolish the Monarchy (Art. 113).

Article 113

  1. Not less than 9,500 citizens as a minimum requirement have the right to introduce an initiative to abolish the Monarchy. In the event of this proposal being accepeted by the People, the Imperial Duma shall draw up a new, republican Constitution and submit it to a referendum after one year at the earliest and two years at the latest. The Prince/Princess has the right to submit a new Constitution for the same referendum. The procedure specified in the following therefore replaces the procedure to amend the Constitution laid down in Art. 112 Para. 2.

  2. If only one draft has been submitted, an absolute majority is sufficient for its adoption (Art. 66 Para. 4). If two drafts have been submitted, the citizens entitled to vote may choose between them and the existing Constitution.
    In this case, the citizens have two votes in the first ballot and shall award them to the two alternative Constitutions that they wish to go through to the second ballot. The two alternatives with the most first and second votes shall go through to the second ballot. In the second ballot, which must be held 14 days after the first, the citizens shall each have one vote. The Constitution that obtains an absolute majority is then adopted (Art. 66 Para. 4).



14
Chapter XII
Final Provisions

Article 114

    All laws, regulations and statutory provisions which contradict any express provision of the present Constitution are hereby revoked and declared invalid; legal provisions which are inconsistent with the spirit of this fundamental law shall be revised to conform with the Constitution.

Article 115

  1. The Government shall be entrusted with the execution of the present Constitution.

  2. The Government shall prepare the laws provided for in the present Constitution with all possible despatch, and shall proceed with them as laid down in the Constitution.

Vyborg, 5 October 1921
For and on behalf of H.S.H. the Princess Xenia I of Romanovskaya, as duly authorized by her handwritten letter of 2 October 1921:

Dear Counsellor Yuryev,
I learned with deep satisfaction that the Imperial Duma of My Principality at its meeting of 24 August 1921, unanimously adopted the new Constitution.
In granting My sovereign approval to that decision, I express the sincere wish and the hope that just as the representatives of My People have reached unanimous agreement, without distinction as to political parties, on the creation of such an important legislative work for the country, the same spirit of unanimity shall also unite the People of My Country in peaceful work for the lasting good of the whole and every part thereof with the long-established cooperation of State and Church which may also continue with the blessing of God and that on the foundation of the new Constitution My People and My Country may enjoy renewed happiness and great prosperity.
I will sign the Constitutional Deed in person at Vyborg, the capital of My Country, among My trusted and beloved People, as I was requested. At the same time, I send to My Beloved People My motherly greetings and with all my heart express my thanks and gratitude to those who with a single accord contributed to the successful completion of the new Constitution.
I charge you with the public communication of these My decisions.

Vyborg, 2nd October 1921

Signed: Ксения I




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