Politics

DRAFT TREATY

on mutual delegation of jurisdictional subjects and state powers

Text in brackets shall be subject for argeement.
[The plenipotentiaries of state power of the Russian Federation and the Republic of Tatarstan], {(1) We, the plenipotentiaries of the federal bodies of Russian Federation's state power and the state power bodies of the Republic of Tatarstan - variant of Russian Federation's experts; (2) the Russian Federation and the Republic of Tatarstan - variant of Tatarstan experts; (3) of the Russian Federation and the Republic of Tatarstan represented by corresponding plenipotentiaries of state bodies - variant of Tatarstan experts},
having respect for peoples' rights to self-determination, the Declaration on the state sovereignty of the Russian Federation, the Union Treaty as a part of the Constitution of the Russian Federation, [and also respecting - variant of Tatarstan experts] the Declaration on the state sovereignty of the Republic of Tatarstan,
[having the aim to preserve the integrity of the Russian Federation and the Republic of Tatarstan - variant of Tatarstan experts];[based on the principals of territorial integrity - variant of Russian Federation's experts];
based on the recognition of the principals of equal, voluntary and free people's will;
having the aim to preserve the common economic territory;
promoting the preservation and development of historical and national customs, cultures, languages;
taking care of peace, interethnic consent and common peoples' security; realizing the priority of basic human rights and freedoms irrespective of national, religious, residential and other differences;
[consolidating the international legal status of the Republic of Tatarstan, its participation as a sovereign state in the international and foreign economic relations without outside interference - the variant of Tatarstan experts]; [based on the legal status of the Republic of Tatarstan, on its participation in the international and foreign economic relation as a sovereign state without outside interference - the variant of Russian Federation's experts] ;
confirming the independence of execution of authorities by the Russian Federation and the Republic of Tatarstan,
have agreed to the following:

Article I

The Republic of Tatarstan shall be a sovereign state which independently executes all state authorities, [including - the variant of Russian Federation's experts] and shall:
1) adopt the Constitution, guarantees its observance;
2) create the legislation: on its [own - the variant of Russian Federation's experts] budget and budgetary process, taxes, banks; on judicial system;
create penal laws, civil and administrative laws, labor laws, family laws, housing laws, water laws; regulates intellectual proprietary rights;
create the legislation on penal juridical procedure, civil juridical procedure, arbitration juridical procedure, administrative juridical procedure; amnesty and forgive persons, condemned by regional courts of the Republic of Tatarstan; create laws on land, on mineral wealth; forest, natural resources, security of environment and utilization of nature resources;
3) possess land, mineral wealth, natural resources, [and also state enterprises, organizations, other movable and immovable state property, located on the territory of the Republic of Tatarstan, which is the property of Tatarstan people and is under jurisdiction of the Republic of Tatarstan - variant of Tatarstan's experts]. [state enterprises, organizations, other movable and immovable state property, located on the territory of the Republic of Tatarstan become the national property of Tatarstan people according to the additional agreements - variant of Russian Federation's experts];
Taking into account the interest and according to voluntary and mutual agreement, the property of the Russian Federation and the Republic of Tatarstan can be the subject of mutual management, but without the assignation of property right. The order and forms of mutual management of particular property type are defined in accordance with special agreements;
4) form the system of state bodies of the Republic of Tatarstan, define the order of their organization and activity;
5) solve problems of Tatarstan citizenship;
6) maintain relations and conclude treaties with the CIS and with the republics, territories, regions, autonomous regions, the cities of Moscow and St.Petersburg;
7) establish relations with foreign states and conclude treaties, take part in the activity of international organizations, [exchange ambassadors and consuls - variant of Tatarstan experts], [the representatives of the Republic of Tatarstan shall be attached to the embassies and consulates of the Russian Federation - variant of Russian Federation's experts ];
8) form the state budget, define and impose taxes;
{9) create the National Bank and pursue credit and monetary policy;
10) conduct foreign economic activity, including the order of issue of licenses and export quotas, define and impose taxes;
11) take part in the liquidation of external debt of the former USSR: Tatarstan share shall be defined according to mutual agreements of the Parties concerned.
12) recover its share from debtors-states; a share and a debtor shall be defined by the agreements of the Parties concerned.
13) have its share in the gold and diamond Fund of the former Soviet Union; this share shall be defined according to special agreements between governments;}
[14) other authorities, connected with its status (a sovereign state), which are not the subject under mutual authorities - the variant of Tatarstan experts].

Article II

The following authorities arising from the sovereign rights of the Russian Federation and the sovereign rights of the Republic of Tatarstan, shall be executed jointly:
1) guarantee of human rights and freedoms, the rights of national minorities;
2) protection of sovereignty and integrity;
3) [guarantee of Parties' defense and security; organization and the guidance of the design and production of armament and military equipment on the territory of the Republic of Tatarstan; sale of armament, ammunition, military equipment and other military property; form and extent of Parties' participation shall be ruled by special agreements - variant of Tatarstan experts].
[determination of an order of call to military service and of service; the establishment of military policy and solution of problems, connected with troops' activity, the distribution of the Russian Federation's Military Forces' units, connected with the interests of the Republic of Tatarstan; management of enterprises of defense industry; mutual fulfillment of conversion - variant of Tatarstan experts].
4) coordination of foreign and foreign economic relations and their execution. {On the problems of foreign policy and foreign economic relations the Parties follow the principal of non-detriment - Russian Federation's experts suggest the inclusion of this statement in the preamble, using the necessary formulation.} [custom's services of the Republic of Tatarstan and the Russian Federation work according to a special agreement; representation of Tatarstan interests in foreign states and international organizations, where there is no Tatarstan representatives - variant of Tatarstan experts]; [representation of Tatarstan interests in foreign states and international organizations; solution of problems, connected with the fact that the representatives of the Republic of Tatarstan must be attached to the embassies and consulates of the Russian Federation - variant of Russian Federation's experts];
5) coordination of monetary policy;
6) creation of the funds for regional development;
7) conducting of the agreed policy in the field of money emission;
8) conducting of common statistical and book-keeping policy;
9) coordination in the fields of geodesy, cartography, meteorology, standards, standard metres, metric system of measures and calendar system;
10) creation of joint funds for the purpose of financing common programs, liquidation of the results of disasters and catastrophes. Money is allocated for joint programs of the Russian Federation and the Republic of Tatarstan according to mutual agreement;
11) coordination of common management of power system, railway, air, water and pipe lines;
12) free delivery of goods and services on the territory of the republics and between the republics; on its own territory each Party ensures the free and duty-free regime of movement of vehicles, cargoes and production, delivered by other Party (or by economic organizations), or by the third Party (including export delivery) by air, sea, river, railway, motor road or pipe lines.
13) formation of common approach to the estimation of environment condition and promotion of its protection and restoration; the coordination of activity in utilization of water resources, including water law and utilization of special natural territories; the guarantee of ecological security, coordination in the prevention of ecological disasters;
14) conducting of policy in the field of social guarantees and employment, migration processes, social protection, including social maintenance;
15) coordination of the problems of health, family's protection, maternity, paternity, childhood, education, science, culture, physical culture and sport; training of national specialists for schools, educational institutions, establishments of culture, mass media and other institutions and organizations; guarantee of pre-school organizations and educational institutions with mother tongue literature; scientific research coordination in the field of history, national culture and national language;
16) coordination of the activity of bodies for order and security creation and utilization of programs against organized crime, stealing cars, crimes, connected with railway, air and water transportation, drags and corruption. [guarantee of laws, order and social security - variant of Russian Federation's experts];
17) legislation on penal juridical procedure, civil juridical procedure, arbitration juridical procedure, administrative juridical procedure;
18) conflict law;
19) other authorities according to mutual agreements.
Tatarstan and Russian Federation's experts suggest formulating the special article on the way of implementation of mutual authorities.

Article III

Juridical documents, issued by the state bodies institutions and officials of the Russian Federation and the Republic of Tatarstan in accordance with the competence of these state bodies, institutions and officials, shall be valid on the territory of the Russian Federation and the Republic of Tatarstan.

Article IV

The federal bodies of state power of the Russian Federation and the Republic of Tatarstan shall have no rights to issue any legal acts, which shall not be connected with their competence. The federal bodies of state power of the Republic of Tatarstan and the Russian Federation shall have the right to suspend and protest against the acts of the Russian Federation and the Republic of Tatarstan on their own territory, which infringe the present Treaty.
All disputes, connected with the implementation of the authorities of joint competence of the Russian Federation and the Republic of Tatarstan, shall be settled by means of negotiations between Parties according to [the legislation of the Russian Federation and the Republic of Tatarstan - variant of Russian Federation's experts] the present Treaty. {Russian Federation's experts suggest including the article, connected with the federal authorities of the state bodies of the Russian Federation}.

Article V

According to mutual agreement the state bodies of the Russian Federation and the Republic of Tatarstan shall create the [plenipotentiaries - variant of Tatarstan experts ] [standing - variant of Russian Federation's experts ] representations in the cities of Moscow and Kazan.

Article VI

No unilateral cancellation, alterations or amendments of this Treaty or its provisions become valid. [The Present Treaty shall come into force after its signing - variant of Russian Federation's experts]
The present Treaty shall be valid till ________________.
The present Treaty is drawn up in two copies, each in Russian and Tatar, both texts have equal juridical force.
The present Treaty is concluded on _______in the city of_________.

Head of expert group              Head of expert group
of the federal bodies             of the state bodies
of the Russian Federation         of the Republic of Tatarstan
L.F. Boltenkova                   F.G. Khamidullin

August 15,1992
Kazan, August 30, 1990

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