Agreement: On the basic principles of relations between the Russian Federation and the Chechen Republic

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Country/entity: Russia
Chechnya
Region: Europe and Eurasia
Agreement name: Agreement: On the basic principles of relations between the Russian Federation and the Chechen Republic
Date: 3 Dec 1995
Agreement status: Multiparty signed/agreed
Interim arrangement: Yes
Agreement/conflict level: Intrastate/intrastate conflict
Chechnya Conflicts (1991 - 2009)
The First Chechen War (1995 - 1997)
Following the collapse of the Soviet Union in 1991, relations between the Federal Russian government with the over 100 ethnic groups deteriorated as demands for autonomy became a major political issue. In March 1992, a federation treaty was drafted and by 1994 the treaty was signed between 87 of the 88 federal jurisdictions and central government, with Chechnya being the exception. The conflict erupted in 1991 following the death of the head of the Communist Party in Grozny when a faction of the USSR’s dissolved military stormed Party Headquarters. Russian forces failed to re-take Grozny and in 1993 the Chechen Republic of Ichkeria announced its independence. Violence and discrimination preceded economic stagnation as non-Chechnens fled the region, and eventually an undeclared civil war broke out as the Chechen opposition attempted a counter-coup against the Chechen ruler Dzhokhar Dudayev. Following the dissolution of the Chechen Parliament in June 1993, a state of emergency was declared, and in December that year an other coup was attempted by the opposition. Issues of sovereignty spurred an assault by Russian troops in December 1994, marking the start of the first Chechen War wherein Russian troops faced four years of insurgency until a ceasefire was unilaterally declared in 1996. A peace treaty was signed in 1997 and Russian forces withdrew.

The Second Chechen War (1999 - 2004)
The inter-war period was marked by economic desolation, corruption and crime. Political polarization was rife, and religious extremism flourished. In August 1999, the Islamic International Brigade led by Shamil Basayev invaded the Russian Republic of Dagestan seeking to found an Islamic State, thereby sparking the Second Chechen War. In response, the Russian Federation began a bombing campaign against the Chechen government and eventually re-took Grozny. An insurgency began following the fall of the Chechen government and separatist attacks spurred an increasingly harsh response from the Kremlin. By 2006, the main separatist leaders had been killed, and the republic has been run by the pro-Russian government led by Ramzan Kadyrov since 2007.
Stage: Pre-negotiation/process
Conflict nature: Government/territory
Peace process: Chechnya peace process
Parties: From the Government of the Russian Federation: V. S. Chernomyrdin;
From the Government of the Chechen Republic: D. G. Zavgaev;
Plenipotentiary Representative of the President of the Russian Federation in the Chechen Republic: O. I. Lobov;
Third parties: -
Description: The agreement provides principles for delimitation of powers between organs of state power of the Russian Federation and the organs of state power of the Chechen Republic, for the conclusion of a definitive Treaty on such matters in future negotiations.

Agreement document: RU_CRI_951203_On the basic principles of relations between RU and CRI.pdf (opens in new tab) | Download PDF

Groups

Children/youth: No specific mention.
Disabled persons: No specific mention.
Elderly/age: No specific mention.
Migrant workers: No specific mention.
Racial/ethnic/national group: Groups→Racial/ethnic/national group→Rhetorical
Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
The defense of the rights and freedoms of the individual and citizen, and the rights of national minorities;
Groups→Racial/ethnic/national group→Anti-discrimination
Page 1, Guaranteeing the observance of basic rights and freedom of individuals and citizens, independent of nationality, religion, place of residence and other differences;
Religious groups: Groups→Religious groups→Anti-discrimination
Page 1, Guaranteeing the observance of basic rights and freedom of individuals and citizens, independent of nationality, religion, place of residence and other differences;
Indigenous people: No specific mention.
Other groups: No specific mention.
Refugees/displaced persons: Groups→Refugees/displaced persons→Substantive
Page 2, The government of the Russian Federation:
... The Government of the Russian Federation and the Government of the Chechen Republic will take measures to secure conditions for the return and equipping of refugees, the creation of centres of medical rehabilitation of the population of the Chechen Republic, of those suffering as a result of military activities, and also the establishment of a special procedure for undertaking alternative civil service on the territory of the Chechen Republic and a special regime of undertaking military service will be secured, including in military construction units, created for the restoration of the economy and the social sphere of the republic.
Social class: No specific mention.

Gender

Women, girls and gender: No specific mention.
Men and boys: No specific mention.
LGBTI: No specific mention.
Family: Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
... They decided issues of advocacy and notary public, family, residential and labour relations;

State definition

Nature of state (general): Page 1, Guaranteeing the preservation of territorial integrity and unity of the economic space;

Page 3, The government of the Russian Federation:
The delimitation of powers between federal organs of executive power and organs of executive power of the Chechen Republic on issues of their joint sphere of competence can be realized by separate treaties and agreements.
State configuration: Page 3, The government of the Russian Federation:
The delimitation of powers between federal organs of executive power and organs of executive power of the Chechen Republic on issues of their joint sphere of competence can be realized by separate treaties and agreements.

Page 3, The government of the Russian Federation:
... The organs of state power of the Russian Federation and the organs of state power of the Chechen Republic have plenipotentiary representation, respectively, in Gozny and Moscow.
Self determination: Page 1, Proceeding from the generally recognized right of peoples to self-determination, principles of equal rights, voluntarism and freedom of expression, guaranteeing their observance;
Referendum: No specific mention.
State symbols: No specific mention.
Independence/secession: No specific mention.
Accession/unification: No specific mention.
Border delimitation: No specific mention.
Cross-border provision: Page 1, Proceeding from the right of the Chechen Republic to participate in international and foreign economic ties;

Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
... They establish and support relations with other subjects of the Russian Federation, and conclude with them treaties and agreements;
They realize international and foreign economic ties, and participate in the activity of the corresponding international organizations.

Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... Coordination of the international and foreign economic ties of the Chechen Republic;

Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... The conducting of a common policy in the sphere of employment of the population, migration processes, social security, issues of health preservation, education, science, culture, physical culture and sport, and preparation of national cadres;

Page 3, The government of the Russian Federation:
... The Chechen Republic, with the goal of developing cultural, trade and economic ties, can have its own representations in other states.

Governance

Political institutions (new or reformed): Governance→Political institutions (new or reformed)→General references
Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
They establish a system of organs of state power of the Chechen Republic, a regime for their organization and activity;

Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
... They form organs of state power of the Chechen Republic;
Elections: No specific mention.
Electoral commission: No specific mention.
Political parties reform: No specific mention.
Civil society: No specific mention.
Traditional/religious leaders: No specific mention.
Public administration: No specific mention.
Constitution: No specific mention.

Power sharing

Political power sharing: No specific mention.
Territorial power sharing: Power sharing→Territorial power sharing→Autonomous regions
Page 3, The government of the Russian Federation:
... Decisions of the organs of state power of the Chechen Republic, adopted within the bounds of its competency, are obligatory for fulfilment on the territory of the Chechen Republic.

page 176: the Parties have agreed “to recognize the necessity of establishing a special status for the Chechen Republic as part of the Russian Federation, the adoption by the Chechen Republic of a Constitution and legislation.
Power sharing→Territorial power sharing→Other
[Cross-border power-sharing] Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... The conducting of a common policy in the sphere of employment of the population, migration processes, social security, issues of health preservation, education, science, culture, physical culture and sport, and preparation of national cadres;
Economic power sharing: No specific mention.
Military power sharing: Power sharing→Military power sharing→Joint command structures
Page 3, The government of the Russian Federation:
... The command of the joint armed forces, executing orders on the disarmament of illegal armed formations on the territory of the Chechen Republic, coordinates its activity with the Government of the Chechen Republic.

Human rights and equality

Human rights/RoL general: Page 1, Guaranteeing the observance of basic rights and freedom of individuals and citizens, independent of nationality, religion, place of residence and other differences;
Bill of rights/similar: No specific mention.
Treaty incorporation: No specific mention.
Civil and political rights: Human rights and equality→Civil and political rights→Equality
Page 1, Proceeding from the generally recognized right of peoples to self-determination, principles of equal rights, voluntarism and freedom of expression, guaranteeing their observance;
Human rights and equality→Civil and political rights→Thought, opinion, conscience and religion
Page 1, Proceeding from the generally recognized right of peoples to self-determination, principles of equal rights, voluntarism and freedom of expression, guaranteeing their observance;
Human rights and equality→Civil and political rights→Other
Page 1, Proceeding from the generally recognized right of peoples to self-determination, principles of equal rights, voluntarism and freedom of expression, guaranteeing their observance;
Socio-economic rights: No specific mention.

Rights related issues

Citizenship: Rights related issues→Citizenship→Citizens, specific rights
Page 1, Guaranteeing the observance of basic rights and freedom of individuals and citizens, independent of nationality, religion, place of residence and other differences;
Democracy: No specific mention.
Detention procedures: No specific mention.
Media and communication: No specific mention.
Mobility/access: Page 2, The government of the Russian Federation:
... Will create the necessary conditions and provide for the opening of regular international flights from Grozny.
Protection measures: No specific mention.
Other: No specific mention.

Rights institutions

NHRI: No specific mention.
Regional or international human rights institutions: No specific mention.

Justice sector reform

Criminal justice and emergency law: No specific mention.
State of emergency provisions: No specific mention.
Judiciary and courts: No specific mention.
Prisons and detention: No specific mention.
Traditional Laws: No specific mention.

Socio-economic reconstruction

Development or socio-economic reconstruction: Socio-economic reconstruction→Development or socio-economic reconstruction→Socio-economic development
Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... Formation of comprehensive funds for the financing of joint programes, the liquidation of the consequences of extreme disasters and catastrophies;

Page 2, The government of the Russian Federation:
Will continue the allocation to the Government of the Chechen Republic financial and material-technical resources for the compensation of the population of the Republic for losses, the restoration of housing, the economy, and objects of the social sphere;

Page 2, The government of the Russian Federation:
... Will confirm a special program of development for the Chechen Republic, including measures to accelerate the development of its mountain districts, to create the necessary jobs for securing employment of the population able to work;

Page 2, The government of the Russian Federation:
... Will provide aid to organs of state power of the Chechen Republic for the restoration of museums, architectural landmarks, higher and secondary education institutions, and for the preparation of national cadres in the scientific and educational institutions of the Russian Federation;

Page 2, The government of the Russian Federation:
... The Government of the Russian Federation and the Government of the Chechen Republic will take measures to secure conditions for the return and equipping of refugees, the creation of centres of medical rehabilitation of the population of the Chechen Republic ...
National economic plan: Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... The organization of the mobilized preparation of the economy;
Natural resources: Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
... They decide issues of the ownership, use and distribution of natural resources, and also state enterprises, organisations and other movable and immovable state property located on the territory of the Chechen Republic, with the exception of objects of federal ownership;
International funds: No specific mention.
Business: Page 3, The government of the Russian Federation:
... The Chechen Republic, with the goal of developing cultural, trade and economic ties, can have its own representations in other states.
Taxation: Socio-economic reconstruction→Taxation→Power to tax
Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
... They form the republican budget, establish and collect republican taxes;

Page 2, The government of the Russian Federation:
... Will establish necessary customs and tax privileges;
Banks: No specific mention.

Land, property and environment

Land reform/rights: No specific mention.
Pastoralist/nomadism rights: No specific mention.
Cultural heritage: Land, property and environment→Cultural heritage→Tangible
Page 2, The government of the Russian Federation:
... Will provide aid to organs of state power of the Chechen Republic for the restoration of museums, architectural landmarks, higher and secondary education institutions, and for the preparation of national cadres in the scientific and educational institutions of the Russian Federation;
Land, property and environment→Cultural heritage→Intangible
Page 1, Have agreed to the following:
... The organs of state power of the Chechen Republic independently realize the authority of state power, including:
... They establish the particulars of the organization of education considering the national and historical traditions of the peoples residing on the territory of the Chechen Republic;
Environment: No specific mention.
Water or riparian rights or access: No specific mention.

Security sector

Security Guarantees: Page 1, Rejecting the use of force or the threat of force in the resolution of disputed issues;

Guided by the political securing of civil peace, international concord and the security of peoples;

Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... The defense of the sovereignty and the territorial integrity of the Russian Federation;

Page 2, They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:
... The coordination of activity in the battle against crime and the securing of public safety.

Page 3, The government of the Russian Federation:
... Organs of state power of the Russian Federation and the organs of state power of the Chechen Republic are obligated to strive for a widening of the zones of peace on the territory of the Chechen Republic.
Ceasefire: No specific mention.
Police: No specific mention.
Armed forces: Page 2, The government of the Russian Federation:
... The Government of the Russian Federation and the Government of the Chechen Republic will take measures to secure conditions for the return and equipping of refugees, the creation of centres of medical rehabilitation of the population of the Chechen Republic, of those suffering as a result of military activities, and also the establishment of a special procedure for undertaking alternative civil service on the territory of the Chechen Republic and a special regime of undertaking military service will be secured, including in military construction units, created for the restoration of the economy and the social sphere of the republic.

Page 3, The government of the Russian Federation:
... The command of the joint armed forces, executing orders on the disarmament of illegal armed formations on the territory of the Chechen Republic, coordinates its activity with the Government of the Chechen Republic.
DDR: Security sector→DDR→Demilitarisation provisions
Page 3, The government of the Russian Federation:
... The command of the joint armed forces, executing orders on the disarmament of illegal armed formations on the territory of the Chechen Republic, coordinates its activity with the Government of the Chechen Republic.
Intelligence services: No specific mention.
Parastatal/rebel and opposition group forces: No specific mention.
Withdrawal of foreign forces: No specific mention.
Corruption: No specific mention.
Crime/organised crime: No specific mention.
Drugs: No specific mention.
Terrorism: No specific mention.

Transitional justice

Transitional justice general: No specific mention.
Amnesty/pardon: No specific mention.
Courts: No specific mention.
Mechanism: No specific mention.
Prisoner release: No specific mention.
Vetting: No specific mention.
Victims: No specific mention.
Missing persons: No specific mention.
Reparations: No specific mention.
Reconciliation: Page 1, Expressing the striving of peoples to restoration of mutual understanding, trust, and the preservation and development of their friendly ties;

Implementation

UN signatory: No specific mention.
Other international signatory: No specific mention.
Referendum for agreement: No specific mention.
International mission/force/similar: No specific mention.
Enforcement mechanism: No specific mention.
Related cases: No specific mention.
Source: https://peacemaker.un.org/russia-relationschechenrepublic95

Agreement:

“On the basic principles of relations between the Russian Federation and the Chechen Republic,” in Rossiskaya Gazeta, 14 December 1995

The plenipotentiary representatives of the organs of state power of the Russian Federation and the organs of state power of the Chechen Republic:

Guaranteeing the observance of basic rights and freedom of individuals and citizens, independent of nationality, religion, place of residence and other differences;

Proceeding from the generally recognized right of peoples to self-determination, principles of equal rights, voluntarism and freedom of expression, guaranteeing their observance;

Expressing the striving of peoples to restoration of mutual understanding, trust, and the preservation and development of their friendly ties;

Guaranteeing the preservation of territorial integrity and unity of the economic space;

Rejecting the use of force or the threat of force in the resolution of disputed issues;

Guided by the political securing of civil peace, international concord and the security of peoples;

Proceeding from the right of the Chechen Republic to participate in international and foreign economic ties;

Have agreed to the following:

To recognize the necessity of establishing a special status for the Chechen Republic as part of the Russian Federation, the adoption by the Chechen Republic of a Constitution and legislation.

The organs of state power of the Chechen Republic independently realize the authority of state power, including:

They establish a system of organs of state power of the Chechen Republic, a regime for their organization and activity;

They form organs of state power of the Chechen Republic;

They form the republican budget, establish and collect republican taxes;

They decide issues of the ownership, use and distribution of natural resources, and also state enterprises, organisations and other movable and immovable state property located on the territory of the Chechen Republic, with the exception of objects of federal ownership;

They decided issues of advocacy and notary public, family, residential and labour relations;

They establish the particulars of the organization of education considering the national and historical traditions of the peoples residing on the territory of the Chechen Republic;

They establish and support relations with other subjects of the Russian Federation, and conclude with them treaties and agreements;

They realize international and foreign economic ties, and participate in the activity of the corresponding international organizations.

They organs of state power of the Russian Federation and the organs of state power of the Chechen Republic jointly realize:

The defense of the rights and freedoms of the individual and citizen, and the rights of national minorities;

The defense of the sovereignty and the territorial integrity of the Russian Federation;

Coordination of the international and foreign economic ties of the Chechen Republic;

Formation of comprehensive funds for the financing of joint programes, the liquidation of the consequences of extreme disasters and catastrophies;

The organization of the mobilized preparation of the economy;

The coordination of the administration of general objects of energy, rail, pipeline, and air transport, ties and the information system;

The conducting of a common policy in the sphere of employment of the population, migration processes, social security, issues of health preservation, education, science, culture, physical culture and sport, and preparation of national cadres;

The coordination of activity in the battle against crime and the securing of public safety.

The government of the Russian Federation:

Will continue the allocation to the Government of the Chechen Republic financial and material-technical resources for the compensation of the population of the Republic for losses, the restoration of housing, the economy, and objects of the social sphere;

Will confirm a special program of development for the Chechen Republic, including measures to accelerate the development of its mountain districts, to create the necessary jobs for securing employment of the population able to work;

Will establish necessary customs and tax privileges;

Will provide aid to organs of state power of the Chechen Republic for the restoration of museums, architectural landmarks, higher and secondary education institutions, and for the preparation of national cadres in the scientific and educational institutions of the Russian Federation;

Will create the necessary conditions and provide for the opening of regular international flights from Grozny.

The Government of the Russian Federation and the Government of the Chechen Republic will take measures to secure conditions for the return and equipping of refugees, the creation of centres of medical rehabilitation of the population of the Chechen Republic, of those suffering as a result of military activities, and also the establishment of a special procedure for undertaking alternative civil service on the territory of the Chechen Republic and a special regime of undertaking military service will be secured, including in military construction units, created for the restoration of the economy and the social sphere of the republic.

The delimitation of powers between federal organs of executive power and organs of executive power of the Chechen Republic on issues of their joint sphere of competence can be realized by separate treaties and agreements.

The command of the joint armed forces, executing orders on the disarmament of illegal armed formations on the territory of the Chechen Republic, coordinates its activity with the Government of the Chechen Republic.

Decisions of the organs of state power of the Chechen Republic, adopted within the bounds of its competency, are obligatory for fulfilment on the territory of the Chechen Republic.

Organs of state power of the Russian Federation and the organs of state power of the Chechen Republic are obligated to strive for a widening of the zones of peace on the territory of the Chechen Republic.

The organs of state power of the Russian Federation and the organs of state power of the Chechen Republic have plenipotentiary representation, respectively, in Gozny and Moscow.

The Chechen Republic, with the goal of developing cultural, trade and economic ties, can have its own representations in other states.

The present Agreement goes into force from the moment it is signed and is in effect until the conclusion of a Treaty on delimitation of power between the organs of state power of the Russian Federation and the organs of state power of the Chechen Republic.

Concluded in Moscow, 3 December 1995

From the Government of the Russian Federation

V. S. Chernomyrdin

From the Government of the Chechen Republic

D. G. Zavgaev

Plenipotentiary Representative of the President of the Russian Federation in the Chechen Republic

O. I. Lobov