CHAPTER ONE: FOUNDATIONS OF THE CONSTITUTIONAL SYSTEM
Article 1: The Democratic Republic of Tukastan is a sovereign democratic, secular, and united state. Tukastan is a social state whose policies are directed towards creating conditions to ensure a worthwhile life and the free development of the person. Since the conservation and progression of the labour force is the fundamental unit of Tukastan society, all laws, regulations, and pertinent programs must tend to facilitate the upbringing of children, and to safeguard their sanctity and the stability of parental relations on the basis of the law and the ethics of the democratic notion.
Article 2: “Democratic Republic of Tukastan” and “Tukastan” are equal in meaning. The state symbols of the Democratic Republic of Tukastan are its Flag, Coat of Arms, and Anthem.
Article 3: The capital of Tukastan is the city of Claustan.
Article 4: The state language of Tukastan is Tukastani. English is a language of inter-ethnic communication. All nations and peoples residing on the territory of the Democratic Republic of Tukastan have the right to use freely their native languages.
Article 5: Life, honor, dignity, and other natural human rights are inviolable. The rights and liberties of the person and citizen are recognized, observed, and protected by the state.
Article 6: The people of Tukastan are the citizens of the Democratic Republic of Tukastan regardless of their ethnicity. No social organization, group of people, or individual has the right to arrogate state power. Usurpation of power is a very serious crime. The right to speak in the name of all the people of Tukastan belongs only to the President.
Article 7: The territory of Tukastan is indivisible and inviolable. Tukastan consists of regions, cities, and villages. The state ensures the sovereignty, independence, and territorial integrity of the Democratic Republic of Tukastan. Propaganda and acts directed towards division of state unity are prohibited. The procedures for forming and altering administrative territorial units are regulated by constitutional law.
Article 8: In Tukastan, social associations are formed and operate within the framework of the Constitution and laws. Religious organizations are separate from the state and may not interfere in governmental affairs. The formation and operation of social associations which advocate racial, ethnic, social, or religious animosity or which incite violent overthrow of the constitutional system, as well as the organization of armed groups, are forbidden.
Article 9: Governmental power is based upon its division into legislative, executive, and judicial powers.
Article 10: The Constitution of Tukastan possesses supreme legal power, and its norms have direct application. Laws and other legal acts that are contrary to the Constitution do not have legal force. The government and all its organs, officials, citizens, and citizens’ associations are obligated to comply with and execute the Constitution and laws of the Democratic Republic of Tukastan. International legal acts recognized by Tukastan are a constituent part of the legal system of Tukastan.
Article 11: Tukastan deploys military forces, to protect the country and the citizens from all kind of violations on the ground, in the air, and from the seaside. All male citizens 18 years of age and older are proud to serve in universal compulsory military service. Tukastan females are allowed to serve in the Tukastan military.
Article 12: The economic foundations of Tukastan are comprised of various forms of property. The government guarantees freedom of economic and business activity, as well as equal rights and legal protection for all forms of property, including private property.
Article 13: The earth, its resources, water, the atmosphere, flora, fauna, and other natural resources are the exclusive property of the state, and the government guarantees their effective utilization in the interests of the people.
CHAPTER TWO: THE RIGHTS, FREEDOMS, AND BASIC OBLIGATIONS OF THE PERSON AND THE CITIZEN
Article 14: The rights and freedoms of the person and the citizen are regulated and protected by the Constitution and laws of the Democratic Republic of Tukastan, as well as by international legal acts recognized by Tukastan. Limitations of the rights and freedoms of citizens are only allowed for the purposes of ensuring the rights and freedoms of other citizens, ensuring social order, and protecting the constitutional system and territorial integrity of the Democratic Republic of Tukastan.
Article 15: A person who on the day the Constitution is adopted is a citizen of the Democratic Republic of Tukastan is considered a citizen of Tukastan. A citizen of Tukastan is not allowed to be a citizen of another state. The procedures for acquisition and loss of citizenship are determined by constitutional law.
Article 16: A citizen of Tukastan located in another country enjoys the protection of the state. No citizen of the Democratic Republic may be extradited to a foreign state. Foreign citizens and stateless persons enjoy these announced rights and freedoms, and have obligations and responsibilities equal to those of citizens of Tukastan, except in cases anticipated by law.
Article 17: All persons are equal before the law and the courts. The government guarantees the rights and freedoms of every person regardless of ethnicity, race, sex, language, faith, education, or social or property status. Men and women have equal rights.
Article 18: The inviolability of the individual is guaranteed by the government. No person may be deprived of life except by the verdict of a court for a very serious crime.
Article 19: Every person is guaranteed judicial protection. Every person has the right to demand review of her or his case by a competent and non-partisan court. Without lawful grounds, no one may be subjected to detainment, arrest, or deportation.
Article 20: No one may be considered guilty of commission of a crime until the verdict of a court enters into legal force. No one may be brought to trial after expiration of the time limit on criminal prosecution or for an act which at the moment of its commission was not considered a crime. No one may be tried twice for one and the same crime.
Article 21: The law protects the rights of victims. The government guarantees the victim judicial protection and compensation for harms suffered by him or her.
Article 22: The home is inviolable. Invading the home and depriving a person of his or her home are not permitted, except in cases anticipated by law or military needs.
Article 23: The privacy of correspondence, telephone conversations, and telegraphic and other communications are ensured, except in cases anticipated by law. The collection, keeping, use, or dissemination of information about the private life of a person without her or his permission to do so is forbidden, except in cases anticipated by law.
Article 24: Each citizen has the right to free movement and choice of location of residence inside the borders of the Democratic Republic of Tukastan.
Article 25: Governmental organs, social associations, and officials are obligated to provide each person with the possibility of receiving and becoming acquainted with documents that affect her or his rights and interests, except in cases anticipated by law.
Article 26: Each person has the right independently to determine her or his religious preference, to practice any religion alone or in association with others or to practice no religion.
Article 27: Each citizen has equal rights to government service. Each citizen, upon reaching 18 years of age, has the right to elect. Persons who are declared by a court to be incompetent or who are being detained in prison by the verdict of a court do not have the right to participate in elections. Elections are carried out on the basis of general, equal, and direct voting rights by secret ballot.
Article 28: Citizens have the right of association. Each citizen has the right to participate in the formation of trade unions, and other social associations, as well as voluntarily to join them and resign from them.
Article 29: Each citizen has the right to participate in lawfully established meetings, and peaceful marches. No one may be forced to participate in these activities.
Article 30: Each person is guaranteed the right to use governmental information media. A list of information considered secrets of the state is determined by law.
Article 31: Each person has the right to own property and the right to inherit. Seizure of personal property by the government for social needs is permissible only on the grounds provided by law.
Article 32: As the foundation of society, the family is under the protection of the government. Each person has the right to start a family. Men and women who have reached the age of marriage have the right to enter freely into marriage. In familial relations and in the event of abrogation of a marriage, spouses have equal rights. Polygamy is forbidden.
Article 33: Mothers and children are under the special protection and patronage of the government. Parents are responsible for raising children, and adult children who are able to work are obligated to care for their parents. The government takes care to protect orphans and the disabled, as well as their upbringing and education.
Article 34: It is the duty of the Tukastan government that not one citizen in general and not one child in particular may suffer. Whenever possible, citizens must be protected from hunger, illness and poverty. Every citizen has the right to get a workplace. Each person has the right to choose a profession and job, to have their job protected, and to social protection against unemployment. Salaries should not be lower than the minimum working wage. Equal work is equally compensated. No one may be subjected to forced labour, except in cases anticipated by law. The use of the labor of women and minors in heavy or underground work, as well as for work in dangerous work conditions, is forbidden.
Article 35: Each person has the right to housing. This right is ensured through the provision of governmental, social, cooperative, and individual housing construction.
Article 36: Each person has the right to relaxation. This right is ensured through establishment of the length of the working day and week, the provision of an annual paid vacation, weekly days of rest, and through other conditions anticipated by law.
Article 37: Each person has the right to health care. This right is ensured through medical assistance in governmental health care institutions, measures to improve the condition of the environment, formation and development of mass athletics, physical fitness, and other sports. Other forms of medical assistance to be provided are determined by law.
Article 38: Each person is guaranteed social assistance in old age, in the case of illness, disability, or loss of ability to work, in the case of loss of a provider, or in other cases determined by law.
Article 39: Each person has the right freely to participate in the cultural life of society, as well as in artistic, scientific, and technical creation and make use of their achievements. Cultural and spiritual valuables are protected by the government. Intellectual property is under the protection of the law.
Article 40: Each person has the right to education. General basic education is obligatory. The government guarantees free high school, trade, and, in accordance with ability and on a competitive basis, specialized high school and university education. Other forms of education to be provided are determined by law.
Article 41: On the territory of Tukastan, each person is obligated to comply with Tukastan’s Constitution and laws, as well as to respect the rights, freedoms, honor, and dignity of other people. Ignorance of the law does not free a person from liability.
Article 42: Defense of the homeland, protection of the interests of the state, and strengthening the state’s independence, security, and defense forces are the sacred duty of the citizen. The procedures for completing military service are determined by law.
Article 43: Every person is obligated to protect nature and historic and cultural monuments.
Article 44: Every person is obligated to pay those taxes and tariffs that are established by law.
Article 45: If, as the result of a natural disaster or a real threat to the rights and freedoms of citizens, to the independence of the state, or to the state’s territorial integrity, the constitutional organs of the Democratic Republic of Tukastan cannot function normally, as a temporary measure in order to ensure the safety of citizens and the state, a state of emergency may be declared.
CHAPTER THREE: GREAT COUNCIL
Article 46: The Great council is the legislative organ of the Democratic Republic of Tukastan. The members of the Great council are selected by the President for a five-year term. The organization and operations of the Great council are determined by constitutional law.
Article 47: The powers of the Great council:
- approving presidential laws and resolutions;
- giving consent to the formation and abolition of ministries and governmental committees;
- approving decrees of the President concerning the appointment or dismissal of members of the Government;
- approving decrees of the President concerning the appointment or dismissal of the Chair of the National Bank and her or his assistants;
- approving the socio-economic program;
- approving the state budget;
- approving state awards;
- approving military, diplomatic, and other specialized ranks;
- approving the state symbols.
Article 48: The basic form of operations for the Great Council is the session. A session of the Great Council is convened by the Presidium of the Great Council no less frequently than two times each year. A session of the Great Council is competent if no less than two thirds of the total number of deputies participate in it.
Article 49: In order to organize the work of the Great Council, a Presidium of the Great Council is formed which is headed by the Chair of the Great Council. The composition of the Presidium of the Great Council consists of the Chair of the Great Council, her or his First Assistant and assistants.
Article 50: The right to introduce draft legislation to the Great Council belongs to the President.
Article 51: The laws of Tukastan are adopted by acclamation.
Article 52: Laws of Tukastan are signed by the President.
CHAPTER FOUR: THE PRESIDENT
Article 53: The President of the Democratic Republic of Tukastan is the head of state and of the executive power (Government). The President is the guarantor of the Constitution and laws, of the rights and freedoms of the person and citizen, of national independence, unity, and territorial integrity, of the continuity and longevity of the state, of the coordinated functioning and cooperation of governmental organs, and of compliance with the international treaties of Tukastan.
Article 54: The President is elected for a term of five years by the citizens of Tukastan on the basis of general, equal, and direct voting rights by secret ballot. Any citizen who is at least 35 years of age, is fluent in the state language, and has been resident on the territory of Tukastan for at least the previous ten years may be nominated as a candidate for the office of President of the Democratic Republic of Tukastan. A candidate for the office of President of the Democratic Republic of Tukastan is any person who has so registered and has collected the signatures of nomination of no less than ten percent of the voters.
Article 55: A candidate for the office of President who receives more than half the votes of the voters who participate in an election is considered elected. The procedures for Presidential elections are determined by constitutional law.
Article 56: The President of the Democratic Republic of Tukastan:
- represents Tukastan both within the country and in international relations;
- forms and abolishes ministries and governmental committees;
- appoints and dismisses members of the Government and the Great Council;
- appoints and dismisses the Chair of the National Bank and her or his assistants;
- creates the executive administration of the President;
- appoints and dismisses the judges of military courts, regional, and city courts;
- introduces laws for approval to the Great Council
- signs laws;
- manages the implementation of foreign policy, and signs international treaties;
- appoints the heads of diplomatic missions of Tukastan in foreign states and representatives of the Democratic Republic of Tukastan in international organizations;
- accepts the credentials of heads of the diplomatic missions of foreign states;
- is the Supreme Commander in Chief of the Armed Forces of Tukastan; appoints and dismisses the commanders of the troops of the Armed Forces of Tukastan;
- in case of a real threat to the security of the state, declares martial law and states of emergency over the entire territory of the Democratic Republic of Tukastan or in separate localities, and notifies the United Nations;
- extends political asylum;
- decides issues of acquisition and loss of citizenship;
- decides issues of pardoning the convicted;
- confers high military, diplomatic, and other specialized ranks;
- awards citizens with state awards and confers state prizes and honorary titles of Tukastan;
- fulfills other powers anticipated by the Constitution and laws.
Article 57: In the event of the President’s death, resignation, or dismissal, or if the President is declared incompetent, until a newly elected President assumes office, the President’s obligations are transferred to a reliable person, approved by the Military council. In these circumstances, elections for President are held within three months.
Article 58: The President enjoys the right of immunity.
CHAPTER FIVE: THE GOVERNMENT
Article 59: The Government of the Democratic Republic of Tukastan consists of ministers, and the chairs of governmental committees. The Government ensures the effective management and functioning of the economy and the social and spiritual spheres, as well as of compliance with laws, and decrees and orders of the President of Tukastan.
Article 60: In accordance with the Constitution and laws of the Democratic Republic of Tukastan, the Government issues resolutions and orders, the execution of which is obligatory over the entirety of the territory of the Democratic Republic of Tukastan. Each member of Government has the right to resign. The organization, operations, and powers of the Government are determined by constitutional law.
Article 61: The government presents socio-economic programs and issues of extension and receipt of governmental credit, the provision of economic assistance to other states, and draft state budgets.
CHAPTER SIX: LOCAL POWER
Article 62: Local power consists of representative and legislative organs that operate within exceeding their powers. They ensure execution of the Constitution, laws, and acts of the President.
Article 63: Managed by a chair, parliaments of people’s deputies are organs of local representative power in regions and cities. Deputies of local parliaments are elected for five-year terms. A parliament of people’s deputies approves the local budget and the report of its implementation, determines paths of local socio-economic development, determines local taxes and payments in accordance with the law, determines means of management and possession of communal property, and exercises other powers determined by the Constitution and laws.
Article 64: Local executive power is exercised by representatives of the President: chairs of regions and cities. The chair is responsible to higher executive organs and the corresponding parliament of people’s deputies. The council is the self-government organ of villages. The formation, powers, and operations of organs of local power are regulated by constitutional law.
Article 65: Representative organs and their chairs, without exceeding their powers, adopt legal acts, compliance with which is obligatory over the corresponding territory. In the event that acts of representative organs and chairs are contrary to the Constitution and laws, they are repealed by higher organs and courts.
CHAPTER SEVEN: COURTS
Article 66: The judicial power protects the rights and freedoms of individuals, the interests of the state, organizations, and institutions, and legality and justice. Judicial power is exercised by the Democratic Court, the High Economic Court, the Military Court, and regional courts. The organization of and work procedures of courts are determined by constitutional law.
Article 67: All judges are appointed and dismissed by the President.
Article 68: Judges review cases both on panels and individually. Hearings in all courts are open, except in cases anticipated by law.
Article 69: The Democratic Court consists of seven people. The Democratic court is the supreme court of Tukastan. Decisions of the Democratic Court are final.
CHAPTER EIGHT: THE PROCURACY
Article 70: Oversight for exact and uniform compliance with the law on the territory of Tukastan is exercised by the Procurator General and procurators subordinate to her or him.
Article 71: The Procurator General heads a unified, centralized system of organs of the procuracy of Tukastan. The Procurator General is accountable to the President.
Article 72: The Procurator General of Tukastan is appointed and dismissed by the President. The Procurator General appoints and dismisses procurators subordinate to her or him. The operations, powers, and structure of the organs of the procuracy are regulated by law.
Article 73: The Procurator General and procurators subordinate to her or him exercise their powers independently of other governmental organs and officials and are subordinate only to the law.
CHAPTER NINE: PROCEDURES FOR AMENDING THE CONSTITUTION
Article 74: Amendments and additions to the Constitution are introduced by the President.