This Law provides general legal, economic and social basis for the creation of Commerce of Commerce and Industry of the Republic of Abkhazia establishes the legal forms and directions of its activities, defines the principles of its relations with the state.
Chapter I. GENERAL PROVISIONS
Article 1. The concept of The Chamber of Commerce and Industry
1. The Chamber of Commerce and Industry is a non-profit organization that brings together businesses and entrepreneurs of the Republic of Abkhazia.
2. The Chamber of Commerce and Industry can do business only to the extent necessary to carry out its statutory tasks. Its profit received from commercial activity is not shared width the members of The Chamber of Commerce and Industry.
3. The Chamber of Commerce and Industry is a legal entity.
4. The Chamber of Commerce and Industry is responsible for its obligations with all its assets.
5. The Chamber of Commerce and Industry is not liable for the obligations of its members, as well as the members of The Chamber of Commerce and Industry are not liable for the obligations of the latter.
6. The Chamber of Commerce and Industry is not responsible for the obligations created by its enterprises, as well as these companies are not liable for the obligations of The Chamber of Commerce and Industry.
7. The Chamber of Commerce and Industry of the Republic of Abkhazia, performs functions under its charter and acts under the Constitution and laws of the Republic of Abkhazia.
Article 2. Legislation on The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The Legislation on The Chamber of Commerce and Industry of the Republic of Abkhazia consists of this Law and other legal acts of the Republic of Abkhazia.
2. This Law does not apply to members of The Chamber of Commerce and Industry of the Republic of Abkhazia in activities which are not related to membership in The Chamber of Commerce and Industry of the Republic of Abkhazia.
3. Other organizations may not use the phrase in their names: "Chamber of Commerce", "Chamber of Commerce " or "CCI " and may not be registered under the names that include these phrases.
Article 3. Goals and objectives of The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The Chamber of Commerce and Industry of the Republic of Abkhazia is created in order to promote the economic development of the Republic of Abkhazia and its integration into the world economic system, establishment of modern industrial, financial and trade infrastructure , the creation of an enabling environment for business, the normalization of entrepreneurs’ relations with their social partners, the comprehensive development of all types of business, trade and economic , scientific and technical ties with the entrepreneurs of the Republic of Abkhazia and foreign businessmen .
Section 4. The State and The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The state structures provide assistance to the Chamber of Commerce and Industry of the Republic of Abkhazia in the performance of its statutory tasks; take measures to ensure the provision of premises for The Chamber of Commerce and Industry of the Republic of Abkhazia.
2. The intervention of state structures and officials in the activities of The Chamber of Commerce and Industry of the Republic of Abkhazia is not allowed.
3. The relevant government authorities shall monitor and supervise compliance of The Chamber of Commerce and Industry with the legislation of the Republic of Abkhazia.
Chapter II. ESTABLISHMENT OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF ABKHAZIA AND TERMINATION OF ITS ACTIVITIES
Article 5. Membership in The Chamber of Commerce and Industry of the Republic of Abkhazia
The Enterprises of the Republic of Abkhazia, regardless of ownership and legal form and entrepreneurs registered in the order established by the legislation of the Republic of Abkhazia and organizations uniting businesses and entrepreneurs, may become Members of The Chamber of Commerce and Industry of the Republic of Abkhazia on the basis of the principle of free entry.
Article 6. Charter of The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The Charter of The Chamber of Commerce and Industry of the Republic of Abkhazia shall specify:
a) The name, purpose, objectives and functions of The Chamber of Commerce and Industry of the Republic of Abkhazia;
b) The conditions and procedures for membership and exit in The Chamber of Commerce and Industry of the Republic of Abkhazia and;
c) The rights and obligations of the members of The Chamber of Commerce and Industry of the Republic of Abkhazia;
d) The procedure for formation of the governing bodies of The Chamber of Commerce and Industry of the Republic of Abkhazia and their competence, their terms of reference and decision-making rules ;
e) The sources of the assets of The Chamber of Commerce and Industry of the Republic of Abkhazia;
f) The procedure for amending the Charter of The Chamber of Commerce and Industry of the Republic of Abkhazia;
g) The procedure for termination of The Chamber of Commerce and Industry of the Republic of Abkhazia.
2. The Charter may include other provisions relating to the activities of The Chamber of Commerce and Industry of the Republic of Abkhazia.
3. The Charter of The Chamber of Commerce and Industry of the Republic of Abkhazia should not contradict with the laws of the Republic of Abkhazia.
Article 7. State registration of The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The State registration of The Chamber of Commerce and Industry of the Republic of Abkhazia is implemented by the Ministry of Justice of the Republic of Abkhazia.
2. The Chamber of Commerce and Industry of the Republic of Abkhazia acquires legal personality from the awarding of its state registration.
3. Changes and additions to the Charter of The Chamber of Commerce and Industry of the Republic of Abkhazia shall be subject to state registration in the same manner as the registration of The Chamber of Commerce and Industry of the Republic of Abkhazia.
4. The state registration fee of The Chamber of Commerce and Industry of the Republic of Abkhazia as well as subsequent changes and additions to its Charter, are paid in the manner and amount established by the legislation of the Republic of Abkhazia.
Article 8. The refusal to register The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The refusal to register The Chamber of Commerce and Industry of the Republic of Abkhazia is possible in case of non-compliance of its Charter with the laws of the Republic of Abkhazia. The refusal to register The Chamber of Commerce and Industry of the Republic of Abkhazia on other grounds is illegal.
2. An appropriate authority shall inform in writing about refusal of registration of The Chamber of Commerce and Industry of the Republic of Abkhazia, specifying the provisions of the legislation of the Republic of Abkhazia, to which the Charter contradicts.
3. The refusal to register The Chamber of Commerce and Industry of the Republic of Abkhazia can be appealed to the Court of Arbitration.
Chapter III. RIGHTS OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF ABKHAZIA
Article 9. The Rights of The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The Chamber of Commerce and Industry of the Republic of Abkhazia:
a) Conducts an independent review of draft regulations in the field of economy, foreign relations, and other matters affecting the interests of enterprises and entrepreneurs;
b) May be involved in the drafting of the laws of the Republic of Abkhazia, resolutions of the Cabinet of Ministers of the Republic of Abkhazia, the decisions of the ministries and departments of the government of the Republic of Abkhazia, that are affecting the interests of the business;
c) Represents and protects legitimate interests of its members in governmental bodies;
d ) Assists domestic and foreign enterprises and entrepreneurs in patenting of inventions, utility models, industrial designs, trademarks, service marks and appellations of origin and promotes commercialization of their rights to industrial property;
e) May participate in intergovernmental commissions on trade-economic and scientific-technical cooperation with foreign countries, may be part of the Abkhaz delegations in sessions of international organizations, negotiations with foreign governments on the issues of foreign trade, economic, scientific and technical cooperation;
f) Can be part of and participate in intergovernmental, governmental and inter-departmental committees on issues of international economic cooperation, as well as national committees and other bodies and organizations operating and created in order to develop such cooperation;
g) Conducts on behalf of domestic and foreign enterprises and entrepreneurs examination of certificates, control of quality, quantity and completeness of goods;
h) Produces and certifies in accordance with international practice, certificates of origin, as well as other documents related to foreign economic activity;
i) Gives the ATA carnet (international documents for temporary importation - exportation of goods). Provides the procedures for its execution and delivery;
j) Issues TIR Carnets and determines the order of the registration and issuance. The TIR Carnet (Carnet - TIR) - an international document on the transport of goods from the customs authorities of the place of departure to the customs authorities of the place of destination without intermediate reloading, in vehicles, combinations of vehicles or containers across one or more frontiers, provided that a certain part of the operation journey between the beginning and the end is carried by trucks;
k) With the consent of the enterprises and entrepreneurs of the Republic of Abkhazia establishes a non-state registry of enterprises and entrepreneurs of the Republic of Abkhazia, which financial and economic situation proves their reliability as a partner for business in the Republic of Abkhazia and abroad, determines the order of reference;
l) Organizes international exhibitions, as well as provides training and holds exhibitions of domestic products abroad;
m) Establishes, reorganizes and liquidates enterprises and institutions in the Republic of Abkhazia and overseas, as well as cooperates with foreign enterprises and entrepreneurs in establishing of joint chambers of commerce of the Republic of Abkhazia, and joint business councils and participates in their activities;
n) Gives permission to open representative offices in the Republic of Abkhazia of the foreign chambers of commerce, joint chambers of commerce, federations, associations and unions of employers;
o) Confirms the circumstances of force majeure in accordance with the terms of foreign trade and international agreements of the Republic of Abkhazia, as well as trade and port practices in the Republic of Abkhazia;
p) On behalf of domestic and foreign enterprises and entrepreneurs, conducts an independent evaluation of the various types of property;
q) Carries out research and analysis, research on the major problems of the economy, business development;
r) Publishes newspapers, magazines and other printed materials to assist business activity;
s) Independently determines the ways of its activities, establishes its structure within the limits of approved estimates of expenditures, staffing, number of employees, the shape and size of remuneration and material incentives;
t) Makes any kind of deals with physical and legal persons and other legal acts;
u) Acquires and dispose all kinds of movable and immovable property to fulfill the statutory objectives;
v) Determines the procedure for the formation and size of special funds created in the Chamber of Commerce and Industry and guidelines for their use; sets the prices and tariffs for services provided by the Chamber;
w) Opens its branches and representative offices, including those abroad;
x) Awards medals, certificates and other prizes of the Chamber of Commerce and Industry of the Republic of Abkhazia for contribution to the development of entrepreneurship in Abkhazia;
y) Exercises any other powers that do not contradict the legislation of the Republic of Abkhazia. Services provided by The Chamber of Commerce and Industry of the Republic of Abkhazia are acquired by businesses and entrepreneurs, regardless of membership in The Chamber of Commerce and Industry .
2. Legal documents issued by The Chamber of Commerce and Industry of the Republic of Abkhazia within its jurisdiction are recognized throughout the Republic of Abkhazia.
3. The Rights of The Chamber of Commerce of the Republic of Abkhazia are stipulated in its Charter and implemented in accordance with the laws of the Republic of Abkhazia.
Article 10. Property of The Chamber of Commerce and Industry of the Republic of Abkhazia
1. The Chamber of Commerce and Industry of the Republic of Abkhazia owns buildings, facilities, equipment, stocks, other valuable assets, and other separate property necessary for the performance of its authorized tasks.
2. Enterprises, established by The Chamber of Commerce and Industry of the Republic of Abkhazia possess use and dispose property assigned to them by the right of full economic activity in accordance with the objectives set forth in their statutes and treaties concluded with the Chamber of Commerce and Industry of the Republic of Abkhazia. The established by the Chamber Institutions, use the property on the right of operational management.
3. The sources of formation of the property of The Chamber of Commerce and Industry of the Republic of Abkhazia are the admission and membership fees, the profit from the business activities of enterprises established by it, other sources. The property of the Chamber of Commerce and Industry of the Republic of Abkhazia is utilizing to support its activity and establishing of its funds. Paid fees are not refundable and the claims on the property of Chamber of Commerce are not accepted if member of The Chamber of Commerce and Industry terminates its membership.
4. The funds to fulfill government programs by the Chamber of Commerce and Industry of the Republic of Abkhazia are allocated from State budget.
5. Ownership right of The Chamber of Commerce and Industry of the Republic of Abkhazia is protected by law.
CHAPTER IV. INTERNATIONAL RELATIONS OF THE CHAMBER OF COMMERCE AND INDUSTRY OF THE REPUBLIC OF ABKHAZIA . PARTICIPATION IN INTERNATIONAL ORGANIZATIONS. INTERNATIONAL AGREEMENTS
Article 11. International relations of The Chamber of Commerce and Industry of the Republic of Abkhazia and participation in international organizations
1. The Chamber of Commerce and Industry of the Republic of Abkhazia in accordance with its Charter, may maintain direct international contacts and enter into appropriate agreements.
2. The Chamber of Commerce and Industry of the Republic of Abkhazia represents the interests of its members in international organizations as it relates to business activities.
Article 12. International agreements
If an international treaty of the Republic of Abkhazia rules other than those contained in this Act, the rules of the international treaty are in power.
Adopted by the National Assembly of
the Republic of Abkhazia on March 12, 2003
The President of the Republic of Abkhazia
Vladislav Ardzinba
Sukhum, March 17, 2003, Number 762 -XIV
