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The Constitution of the Republic of Maeglin Nénharma
We, the peoples of Maeglin Nénharma, united by historic fate, hereby create a state on the indigenous Maeglin land. We, considering ourselves a peace loving and civil society, dedicated to the ideals of freedom, equality of opportunity, wishing to contribute to the world community, realizing our high responsibility before the present and future generations, accept this Constitution in full.
Section I: GENERAL PROVISIONS
Article 1
1. Our Republic proclaims itself a democratic, secular, legal and social state whose highest values are an individual, their life, rights and freedoms, provided that in exercises those freedoms they do not bring physical harm or economic hardship upon others.
2. The fundamental principles of the activity of the Republic are; public concord and political stability, economic development for the benefit of all the nation, patriotism over nationalism, and resolution of the most important issues of the affairs of state by democratic methods including voting at an all-nation referendum or in the Senate.
3. All natural born citizens of the Republic upon reaching the age of 17 must perform two years of one of the many civil services of the Republic prior to reaching the age of 21;
1) military service
2) local police
3) emergency medicine
4) teacher
5) aides to elected officials
6) firefighter
7) scientific fields of study
Article 2
1. The Republic of Maeglin Nénharma is a unitary state with a presidential form of government.
2. The sovereignty of the Republic extends to its entire territory. The state ensures the integrity, inviolability and inalienability of its territory.
3. The location and status of the capital of the Republic is determined by geography, ensuring that the capital can be reached easily regardless of weather conditions, and ensuring minimum interruption due to natural occurrences.
4. The names "Republic of Maeglin Nénharma," “Maeglin,” and "Maeglin Nénharma" have the same meaning.
Article 3
1. The Maeglin people shall be the only source of state power. The Maeglin people shall exercise power directly through an all-nation referendum and free elections as well as delegate the execution of their power to state institutions.
2. None shall have the right to appropriate power in the Republic. Appropriation of power shall be by law. The right to act on behalf of the people and the state shall belong to the President as well as to the Senate of the Republic within the limits of the constitutional powers. The government and other state bodies shall act on behalf of the state only within the limits of their delegated authorities.
3. The state power in Maeglin Nénharma is executed on the basis of the Constitution and laws in accordance with the principle of its division into the legislative, executive and judicial branches and a system of checks and balances that governs their interaction. This system must be maintained in order to preserve the freedom of Maeglin citizens.
Article 4
1. The provisions of this Constitution, laws corresponding to it, other regulatory legal acts, international treaties and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court shall be the functioning law in the Republic of Maeglin Nénharma.
2. The Constitution shall have the highest direct effect on the entire territory of the Republic.
3. All laws shall be published and made readily available to the public. Official publication of regulatory legal acts dealing with the rights, freedoms and responsibilities of citizens shall be a necessary condition for their application. This includes those international treaties to which the Republic is a party.
4. International treaties shall not be ratified by the Republic in cases when the application of such a treaty imposes on basic rights.
Article 5
1. The Republic of Maeglin Nénharma recognizes ideological and political diversity.
2. Public associations shall be equal before the law. Illegal interference of the state in the affairs of public, imposing the functions of state institutions on public associations, and financing of public associations by the state shall not be permitted.
3. Formation and functioning of public associations pursuing the goals or actions directed toward a violent change of the constitutional system, violation of the integrity of the Republic, inciting social, racial, national, gender based, religious, class and tribal enmity, as well as formation of unauthorized paramilitary units shall be prohibited.
4. Activities of political parties and trade unions of other states, religious parties as well as financing political parties and trade unions by foreign legal entities and citizens, foreign states and international organizations shall not be permitted in the Republic.
Article 6
1. The Republic of Maeglin Nénharma shall recognize and by the same token protect state and private property.
2. Property shall impose obligations, and its use must simultaneously benefit the society. Subjects and objects of ownership, the scope and limits of the rights of proprietors, and guarantees of their protection shall be determined by law. The land and underground resources, waters, flora and fauna, other natural resources shall be owned and protected by the state. The land may also be privately owned on terms, conditions and within the limits established by legislation.
Article 7
1. The Republic shall respect principles and norms of international law, pursue the policy of cooperation and good-neighborly relations between states, their equality and non-interference in each other's domestic affairs, peaceful settlement of international disputes and always renounce the first use of the military force.
Section II: THE INDIVIDUAL AND CITIZEN
Article 8
1. Citizenship of the Republic shall be acquired as prescribed by law, shall be indivisible, and equal regardless of the grounds of its acquisition.
2. A citizen of the Republic, under no circumstances may be deprived of citizenship or the right to change their citizenship, and may not be exiled from the territory of Maeglin Nénharma.
Article 9
1. No citizen of the Republic may be extradited to a foreign state unless otherwise stipulated by international treaties of the Republic.
2. The Republic shall guarantee its citizens protection and patronage outside its boundaries.
Article 10
1. Rights and freedoms in Maeglin Nénharma shall be recognized and guaranteed in accordance with this Constitution, and shall belong to everyone by virtue of birth, be recognized as absolute and inalienable, and define the contents and implementation of laws and other regulatory legal acts. Every citizen of the Republic shall have rights and bear responsibilities owing to their citizenship.
2. Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties.
3. Exercise of a citizen's rights and freedoms must not violate rights and freedoms of other persons, infringe on the constitutional system and public morals.
4. Everyone shall have the right to be recognized as subject of the law and protect their rights and freedoms with all means not contradicting the law including self-defense.
5. Everyone shall have the right to judicial defense of their rights and freedoms, as well as the right to qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge. Everyone shall be equal before the law and court.
Article 11
1. No one shall be subject to any discrimination for reasons of origin, social status, property status, occupation, sex, sexual orientation, race, nationality, language, attitude towards religion, lack of religion, convictions, or place of residence.
2. Everyone shall have the right to personal freedom. Everyone shall have the right to freedom of conscience.
3. Arrest and detention shall be allowed only in cases stipulated by law and only with the sanction of a court or prosecutor of law. The detained person shall be provided with the right to appeal. A person may not be detained for a period longer than three cycles of the sun. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a defender from the moment of detention, arrest or accusation.
4. No one shall have the right to arbitrarily deprive a person of life.
5. A person's dignity shall be inviolable. No one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity.
6. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honor and dignity. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, conversations, and other messages. Limitation of this right shall be permitted only in extreme cases providing probable cause and according to the procedure directly established by law.
7. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to obtain access to documents, decisions and other sources of information concerning their rights and interests.
Article 12
1. Everyone shall have the right to determine and indicate or not their national, party, and/or religious affiliation.
2. Everyone shall have the right to use their native language and culture, to freely choose the language of communication, education, instruction and creative activities.
3. The freedom of speech and creative activities shall be guaranteed. Censorship shall be prohibited.
4. All shall have the right to freely receive and disseminate information by any means not prohibited by law. The list of items constituting state secrets of the Republic shall be determined by law.
Article 13
1. Everyone who has a legal right to stay within the province of the Republic of Maeglin Nénharma shall have the right to freely move about it and freely choose a place of residence except in cases stipulated by law.
2. Everyone shall have the right to leave the territory of the Republic for any reason. Citizens of the Republic shall have the right to freely return except in cases of treason.
Article 14
1. Citizens of the Republic shall have the right to freedom of forming associations. The activities of public associations shall be regulated by law.
2. The military, employees of national security, law-enforcement bodies and judges must abstain from membership in political parties, and actions in support of any political party.
3. All citizens shall have the right to freedom of labor, and the free choice of occupation and profession. Involuntary labor shall be permitted only on a sentence of court or on condition of a declared state of emergency. All citizens shall also have the right to safe and sanitary working conditions, to just remuneration for labor without discrimination, as well as to social protection against unemployment.
4. The right to individual and collective labor disputes with the use of methods for resolving them, stipulated by law including the right to strike, shall be recognized.
5. All workers in the Republic shall have the right to rest. Working labor agreements stipulating the length of working time, days-off and holidays, and paid annual leave shall be guaranteed by law.
Article 15
1. A citizen’s housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by a court decision. Penetration into housing, its inspection and search shall be permitted only in certain cases and according to the procedure stipulated by law.
2. Conditions shall be created in this Republic to provide citizens with housing. Any citizens in need of housing shall be categorized in a manner to be prescribed by law, and provided with housing at an affordable price from the state housing funds in accordance with the norms stipulated by law.
Article 16
1. Citizens of Maeglin Nénharma may privately own any legally acquired property. Property, including the right of inheritance, shall be guaranteed by law. None may be deprived of their property unless otherwise stipulated by a court decision. Forcible alienation of property for the public use in extraordinary cases stipulated by law may be exercised on condition of equivalent compensation.
2. All shall have the right to free use of their property for any legal entrepreneurial activity. Monopolistic activity shall be regulated and restricted by law. Unfair competition shall be prohibited.
Article 17
1. All citizens of this Republic shall be guaranteed a minimum wage and pension, and guaranteed financial security in old age, in case of disease, disability, and other legal grounds.
2. Citizens of the Republic of Maeglin Nénharma shall have the right to protection of health. Citizens of the Republic shall be entitled to affordable, guaranteed, extensive medical assistance established by law.
3. Paid medical treatment shall be provided by state and private medical institutions as well as by persons engaged in private medical practice according to the procedures stipulated by law.
Article 18
1. Citizens of this Republic shall be guaranteed free secondary education in state educational establishments. Any citizen shall have the right to receive on a competitive basis a higher education in a state higher educational establishment.
2. Citizens shall have the right to pay and receive an education in private educational establishments on the basis and terms established by law.
3. The state shall set uniform compulsory standards in education. The activity of any educational establishment must comply with these standards.
Article 19
1. The state shall set an objective to protect the environment of the Republic, keeping it favorable for the life and health of all living things within.
2. Officials shall be held accountable for the concealment of facts and circumstances endangering the life and health of the people and the environment of the Republic in accordance with law.
3. Citizens of the Republic of Maeglin Nénharma must care for the protection of historical and cultural heritage, and preserve monuments of history and culture. Citizens of the Republic of Maeglin Nénharma must also work to preserve nature and protect natural resources.
Article 20
1. Citizens of the Republic of Maeglin Nénharma shall have the right to peacefully and without arms assemble, hold meetings, rallies and demonstrations, street processions and pickets. The use of this right may be restricted by law in the interests of protection of health, rights and freedoms of other persons.
2. Citizens shall have the right to take part in the government of the Republic's affairs directly and through their representatives, to address personally as well as to direct individual and collective appeals to public and local self-administrative bodies.
3. Citizens of the Republic shall have the right to elect and be elected into public and local self-administrations as well as to participate in an all-nation referendum. The right to elect and be elected, to participate in the all-nation referendum shall not extend to citizens held in places of confinement on a court's sentence.
4. Citizens of the Republic shall have the equal right to serve in a public office. The requirements for candidates for public offices shall be conditioned only by the character of the office duties and shall be established by law.
Article 21
1. Everyone must observe the Constitution, legislation of the Republic of Maeglin Nénharma and respect the rights, freedoms, honor and dignity of other persons.
Article 22
1. Payment of legally established taxes, fees and other obligatory payments shall be a duty and responsibility of everyone.
2. The defense of the Republic of Maeglin Nénharma shall be a sacred duty and responsibility of every citizen. Citizens of the Republic shall perform military service according to the procedure and in the forms established by law.
Article 23
1. Rights and freedoms of an individual and citizen may be limited only by laws and only to the extent necessary for protection of the constitutional system, defense of the public order, human rights and freedoms, and health of the population.
Section III: THE OFFICE OF THE PRESIDENCY
Article 24
1. The President of the Republic of Maeglin Nénharma shall be the head of state, its highest official determining the main directions of the domestic and foreign policy of the state and representing Maeglin Nénharma within the country and in international relations.
2. The President of the Republic shall be the symbol and sponsor of the unity of the people and the state power, inviolability of the Constitution, rights and freedoms of an individual and citizen.
Article 25
1. The President of the Republic shall be elected by universal, equal and direct suffrage under a secret ballot for a single seven-year term in accordance with the constitutional law by the citizens of the Republic who have come of age.
2. A citizen of the Republic shall be eligible for the office of the President of the Republic of Maeglin Nénharma if they are by birth not younger than twenty-eight cycles nor older than eighty-four, and has a perfect command of the state language and has lived in Maeglin Nénharma for not less than seven cycles if born within the territory, fourteen if born outside it.
3. Regular elections of the President of the Republic shall be held on the first day of winter and shall not coincide with the election of a new Senate of the Republic.
4. Any candidates who receive more than 51 percent of the votes of the constituents that took part in the election shall be deemed elected. If none of the candidates receives the above number of votes, a second election shall be held between the two candidates who obtained the largest number of votes. The candidate who receives the larger number of votes of the constituents who take part in the second round of elections shall be deemed elected.
5. The President of the Republic of Maeglin Nénharma shall take office from the moment of swearing to the people the following oath: "I solemnly swear that I will faithfully serve the people of Maeglin Nénharma, strictly observe the Constitution and the laws of the Republic of Maeglin Nénharma, guarantee the rights and freedoms of it’s citizens, and honestly perform the high duties of the President of the Republic of Maeglin Nénharma entrusted to me."
6. The oath shall be taken on within 10 days of the final vote tally in a ceremonial atmosphere in the presence of the deputies of Senate, the members of the Constitutional Council, the judges of the Supreme Court as well as all living former Presidents of the Republic.
7. The powers of the President of the Republic shall terminate from the moment the newly elected President of the Republic takes office as well as in the case of premature release from office, resignation or death. All former Presidents of the Republic except those who were discharged from office shall have the title of ex-President of the Republic of Maeglin Nénharma.
8. The President of the Republic of Maeglin Nénharma shall not have the right to be a deputy of a representative body, hold other paid offices, nor engage in entrepreneurial-activity during their tenure. The President shall also suspend activity in any political party for the period he exercises their powers.
Article 26
1. The
President of the Republic of Maeglin Nénharma shall:
1)
annually address the people of Maeglin Nénharma with a message
on the state of the country and main directions of the domestic and
foreign policy of the Republic;
2) convene the first session of
the Senate and accept the oath of its members to the people of
Maeglin Nénharma; call extraordinary joint sessions of the
Chambers of Senate; sign laws submitted by the Senate within fifteen
days, promulgate the law or return the law or its separate articles
for a second discussion and vote;
3) abolish and reorganize
central executive bodies of the Republic which are not included in
the Government; accept the oath of the members of the Government;
preside at the meetings of the Government on especially important
issues; charge the Government with bringing a bill to the Senate;
annul or suspend completely or partially the effect of the
Government's acts and those of the major cities and the capital;
4)
appoint the Chairperson of the Central Bank of the Republic of
Maeglin Nénharma, with the Senate's consent; release him from
office;
5) appoint the Procurator General and Chairperson of the
Committee of National Security of the Republic with the consent of
the Senate; release them from office;
6) appoint and recall heads
of diplomatic representative offices of the Republic;
7) approve
state programs of the Republic;
8) approve a unified system of
financing and labor payment for all bodies financed by the state
budget of the Republic;
9) adopt a resolution on conducting the
all-nation referendum;
10) conduct negotiations and sign
international treaties of the Republic; sign ratification
instruments; receive letters of credentials and recall from
diplomatic and other representatives of foreign states accredited to
him;
11) act as the Commander-in-Chief of the Armed Forces of the
Republic, appoint and replace the highest command of the Armed
Forces;
12) award state decorations of the Republic and bestow
honorary military and other ranks, ranked positions, diplomatic ranks
and qualification degrees;
13) resolve issues of citizenship of
the Republic, and political asylum;
14) exercise pardon of
citizens;
15) in the event of a serious and immediate threat to
the democratic institutions of the Republic, its independence and
territorial integrity, political stability of the Republic, security
of its citizens and the disruption of normal functioning of the
Constitutional bodies of the state, the President snail have official
consultation with Chairpersons of the Senate Chambers of the Republic
and take measures, caused by a state of emergency on the entire
territory or in particular areas of Maeglin Nénharma, and
immediately inform the Senate of the use of the Armed Forces of the
Republic;
16) in the case of aggression against the Republic or
immediate external threat to its security, the President shall impose
martial law on the entire territory of the Republic or in particular
areas, declare a partial or total mobilization and immediately inform
the Senate of the Republic to the effect;
17) appoint to and
release from office the State Secretary of the Republic of Maeglin
Nénharma, define their status and powers; form the
administration of the President of the Republic;
18) exercise
other powers in accordance with the Constitution and the laws of the
Republic.
Article 27
1. Provision, service, and guard of the President of the Republic and their family shall be carried out at the state's expense.
2. The provisions of this article shall extend to former Presidents of the Republic as well.
Article 28
1. The President of the Republic of Maeglin Nénharma may be allowed to step down from office in the case of continued incapacity to perform their duties due to illness. In this case the Senate shall form a committee of specialists of the respective areas of medicine. The decision of premature release based on the conclusion of the commission and that of the Constitutional Council confirming observance of the established constitutional procedures shall be adopted at a joint sitting of the Senate's Chambers by the majority of no less than three-fourths from the total number of deputies of each Chamber.
2. The President shall bear responsibility for the actions performed while exercising their duties and only in the case of high treason may be discharged from office by Senate. The decision to bring an allegation and conduct its investigation may be adopted by the majority of the deputies of the Senate at the initiative of no less than one-third of the total number of its deputies. Investigation of the charges shall be organized by the Senate and by the majority of votes of the total number of the deputies of the Senate its results are transferred for consideration at a session of the Senate. The final decision of this issue shall be adopted at a joint session of the Senate's Chambers by the majority of no less than three-fourths of the total number of the deputies of each Chamber, provided the Supreme Court concludes the validity of the accusation and conclusion by the Constitutional Council that the established constitutional procedures were observed. The failure to arrive at a final decision within two months from the moment of the accusation shall result in the recognition that the accusation against the President of the Republic is rejected. Rejection of the accusation of the President of the Republic in perpetration of high treason at any stage shall result in premature termination of the powers of the deputies who initiated the accusation.
3. In case of a premature release or discharge of the President as well as in case of their death the powers of the President of the Republic shall be transmitted to the Chairperson of the Senate for the rest of the term; if the Chairperson of the Senate is unable to assume the powers of the President they shall be transmitted to the mayor of the capitol city. A person who has taken the powers of the President of the Republic shall correspondingly withdraw their powers in their previous office. In this case filling of those state positions shall be carried out in the order, stipulated by the Constitution. A person who has taken the powers of the President of the Republic of Maeglin Nénharma has no right to initiate amendments and additions to the Constitution of the Republic of Maeglin Nénharma.
Section IV: THE SENATE
Article 29
1. The Senate of the Republic of Maeglin Nénharma is the highest representative body of the Republic performing legislative functions. The Senate's powers shall begin from the opening of its first session and terminate with the first session of a new convocation.
2. The powers of Senate may be prematurely terminated in cases and according to the procedure stipulated by the Constitution. The organization and activities of Senate, the legal status of its deputies shall be determined by constitutional law.
3. The Senate shall be composed of a single deputy elected from each city and the capital of the Republic of Maeglin Nénharma. One additional deputy of the Senate shall be appointed by the President of the Republic for the term of the Senate.
4. Term of the powers of Senate deputies shall be four years.
5. Elections of the deputies of the Senate shall be carried out on the basis of the universal, equal and direct right under secret ballot. Regular elections of the deputies shall be held no later than two months before the termination of the powers of current Senate.
6. Half of the elected deputies of the Senate shall be re-elected every two years. In this case, their regular elections shall be held no later than two months before the end of their term in office.
7. Extraordinary elections of the deputies of Senate shall be held within two months from the moment of premature termination of a Senator's powers, or a Senator’s death.
8. A deputy of the Senate may be a citizen of the Republic of Maeglin Nénharma who has been a citizen of the Republic for not less than five years and who has reached twenty-five years of age, has a higher education, and has been a permanent resident for not less than seven years on the territory of the respective city or the capital of the Republic.
9. A Senator shall be deemed elected if he receives more than fifty-one percent of the votes of constituents who took part in the voting in the city or the capital of the Republic. If no candidate receives the aforementioned number of votes, a second round of voting shall be held between the two candidates who obtained the largest number of votes. The candidate who receives the larger number of votes of the constituents or electors who took part in voting shall be deemed elected. Elections to the Senate shall be deemed valid when more than fifty percent of electors took part in the voting. Procedure of elections of the deputies of the Senate of the Republic shall be determined by constitutional law.
10. Senators shall take an oath before the people of Maeglin Nénharma.
Article 30
1. Deputies of Senate must take part in its work. The deputies shall only vote in person in Senate. Absence of a deputy at sittings of the Senate without a good reason for more than three times as well as transferring the right to vote shall cause the imposition of penalties established by law.
2. A deputy of Senate shall have no right to serve as a deputy of another representative body, hold other paid offices except teaching, research and creative activities, engage in entrepreneurial activity, nor enter a managing body or a supervisory board of a commercial organization. Violation of this rule shall result in the termination of a deputy's powers.
3. Deputies of the Senate during the term of their office may not be arrested, subject to detention, measures of administrative punishment imposed by a court of law, arraigned on a criminal charge except for the cases of being apprehended on the scene of a crime or on suspicion of murder.
4. Powers of a deputy of the Senate will be terminated in cases of resignation, being recognized as incapable, and in other cases stipulated by the Constitution. A deputy of the Senate shall be deprived of their mandate in cases of being duly convicted in a court of law, or of establishing permanent residency beyond the boundaries of the Republic of Maeglin Nénharma.
5. Questions concerning the imposition of penalties on the deputies, their observance of the requirements of the paragraphs of this article, principles of the deputies' ethics, as well as termination of the deputies' powers and deprivation of their powers and deputy immunity, shall be delegated to the Central Election Commission of the Republic of Maeglin Nénharma.
Article 31
Senators
in session shall:
1) introduce amendments and make additions to
the Constitution; adopt constitutional laws, introduce amendments and
make additions to the Constitution at the proposal of the President
of the Republic of Maeglin Nénharma;
2) approve the
Republic’s budget, the reports of the Government, and Estimation
Committee about its implementation, and introduce changes into said
budget;
3) conduct a second round of discussion and voting on the
laws or articles of the law that caused objections of the President
of the Republic within a month's term from the moment the objections
were presented. Non-observance of this term denotes the acceptance of
the President's objections. If Senate by the majority of two-thirds
of votes from the total number of deputies confirms the decision
adopted earlier, the President shall sign the law within seven days.
If the President's objections are not overruled, the law shall be
deemed not adopted or adopted in the version proposed by the
President;
4) give consent to the appointment of the Chairperson
of the National Bank of the Republic by the President;
5) hear
the report on the Government's program and approve or reject the
program. A second rejection of the program brought about by the
majority of two-thirds of votes from the total number of deputies
denotes a vote of no confidence in the Government. The absence of
such a majority implies the approval of the Government's program;
6)
express a vote of no confidence in the Government by the majority of
two-thirds of votes from the total number of deputies of the Senate
and of the Mayors at the initiative of no less than one-fifth of the
total number of the Senate's deputies and in cases established by
this Constitution;
7) decide issues of war and peace;
8)
adopt a decision concerning the use of the Armed Forces of the
Republic to fulfill international obligations in support of peace and
security at the proposal of the President of the Republic;
9) put
forward an initiative calling for an all-nation referendum;
10)
hear annual messages of the Constitutional Council of the Republic on
the state of the constitutional legality in the Republic;
11)
form commissions of the Senate; elect and release from office their
chairpersons; hear reports on the activity of the commissions;
12)
exercise other powers assigned to Senate by the Constitution.
13)
establish state awards, honorary, military and other titles, ranked
positions, diplomatic ranks of the Republic of Maeglin Nénharma,
and define state symbols of the Republic;
14) decide issues of
state loans and rendering of economic and other assistance by the
Republic;
15) issue acts of amnesty to citizens;
16) ratify
and denounce international treaties of the Republic.
Article 32
The following shall belong to exclusive jurisdiction
of the Senate:
1) election and discharge from office, the
Chairperson of the Supreme Court, the Chairpersons of the Collegium
of Justice, and judges of the Supreme Court of the Republic at the
proposal of the President of the Republic of Maeglin Nénharma,
and swearing them into office;
2) approval of the appointment of
the Procurator General and the Chairperson of the Committee of
National Security by the President of the Republic of Maeglin
Nénharma;
3) deprivation of inviolability of the
Procurator General, the Chairperson and judges of the Supreme Court
of the Republic;
4) premature termination of the powers of local
representative administrative bodies in accordance with the
legislation of the Republic;
5) delegation of two deputies to the
Highest Judicial Council of the Republic of Maeglin Nénharma;
6) accepting drafts of laws for consideration;
7) election
and discharge from office of the Chairperson, Deputy Chairperson,
Secretary and members of the Central Election Commission of the
Republic at the proposal of the President of the Republic of Maeglin
Nénharma;
8) delegation of two deputies to the
Qualification Collegium of Justice;
9) bringing an accusation of
high treason against the President of the Republic.
10) hold
hearings on the issues of its jurisdiction;
11) have the right to
hear reports of the members of the Government of the Republic on the
issues of their activities, at the initiative of no less than
one-third of the Senate, and adopt an appeal by a majority of
two-thirds of the total number of Senators to the President of the
Republic of Maeglin Nénharma to discharge a member of the
Government from office in the case of nonobservance of the laws of
the Republic. If the President refuses such appeal, then the
deputies, by majority of not less than two-thirds of votes of the
total number of deputies of the Chamber, shall possess the right to
put a question to the President anew on release from the position of
a member of the Government on expiration of six months since the
first appeal. In this case the President of the Republic shall
release from the position of a member of the Government.
Article 33
1. The Senate shall be headed by it’s chairperson who is elected by the Senate from among the deputies who have a perfect command of the state language, under secret ballot by a majority of votes from the total number of the deputies of the Senate. The candidacy for the Chairperson of the Senate shall be nominated by the President of the Republic of Maeglin Nénharma.
2. The Chairperson may be recalled from office and also have the right to submit their resignation if the majority of the total number of the deputies have voted against them.
3. The
Chairperson of the Senate shall:
1) convene sessions and preside
over them;
2) exercise general supervision in preparation of the
issues under consideration;
3) nominate the candidacies of Deputy
Chairperson;
4) ensure the observance of the procedural orders in
the activities of the Senate;
5) supervise the activities of the
coordinating bodies of the Chambers;
6) sign acts issued by the
Senate;
7) appoint two members to the Constitutional Council of
the Republic of Maeglin Nénharma;
8) fulfill other duties
assigned to them by the procedural orders of Senate.
9) The
chairpersons of the Chambers shall issue instructions on the items of
their jurisdiction.
4. The first session of Senate shall be convened by the President of the Republic of Maeglin Nénharma no later than thirty days from the day of publishing of the election results. Regular sessions of the Senate shall be held once a year from the first working day of Spring to the last working day of Fall.
5. In the period between Senate's sessions, the President may call an extraordinary session on their own initiative, at the suggestion of the chairperson or no less than one-third from the total number of the deputies. Only the issues that were the reason for convocation shall be reviewed at this session.
6. Sessions shall be held on condition that no less than two-thirds from the total number of the deputies are present.
7. All sessions of the Senate shall be open. In cases stipulated by the procedural orders, sessions may be closed. The President of the Republic, members of the Government, the Chairperson of National Bank, the Procurator General, the Chair-person of the Committee of National Security shall have the right to be present at any session and be heard.
Article 34
1. The President of the Republic of Maeglin Nénharma shall have the right to determine priority consideration of draft of laws as well as to declare consideration of a draft of law urgent signifying that Senate must consider this draft within a month from the day of its submission. If the Senate does not meet this requirement, the President of the Republic shall have the right to issue a decree having the force of law which shall be in effect until Senate adopts a new law as established by the Constitution.
2. The Senate shall have the
right to issue laws that regulate the most important public
relations, establish fundamental principles and standards dealing
with:
1) legal capacity of individuals and legal entities, civil
freedoms and rights, obligations and responsibility of individuals
and legal entities;
2) conditions of ownership and other rights
of property;
3) foundations of organization and activity of state
bodies and bodies of local self-administration, state and military
service;
4) taxation, establishment and levying of duties and
other obligatory payments;
5) the budget;
6) issues of the
judicial system and legal proceedings;
7) education, health care
and social provision;
8) environmental protection;
9)
ensuring defense and security of the state. All other relations shall
be regulated by legislative acts.
3. A draft of a law approved by the majority of votes of the total number of deputies of the Senate shall become the law and shall be submitted to the President to be signed within eleven days.
4. A draft of a law in the Senate cannot be more than 16,667 words, not including footnotes or endnotes. If a word with multiple meanings is used, the intended meaning must be included, either in the sentence itself, or in a footnote or endnote.
5. Drafts of law envisioning reduction of state revenues or increase in state expenditures may be submitted only when supplied with the positive resolution of the Government of the Republic.
6. Laws of the Republic shall come into effect after they are signed by the President of the Republic.
7. Amendments and additions to the Constitution shall be introduced by the majority of no less than three-fourths of votes from the total number of the deputies of the Senate.
8.
Constitutional laws shall be adopted on the issues stipulated by the
Constitution by the majority of no less than two-thirds of votes from
the total number of Senators.
9. No less than two readings
introducing amendments and additions to the Constitution, adopting
constitutional laws or introducing of changes and additions into them
shall be obligatory.
10. Laws of the Republic and resolutions of the Senate must not contradict the Constitution.
Section V: THE GOVERNMENT
Article 35
1. The Government shall implement the executive power of the Republic of Maeglin Nénharma, head the system of executive bodies and exercise supervision of their activity. The Government shall in its entire activity be responsible before the President as well as accountable to the Senate of the Republic. Members of the Government shall also be accountable to the Chambers of Senate.
2. The jurisdiction, the procedure of organization and activity of the Government shall be determined by constitutional law.
3. The Government shall be formed by the President of the Republic of Maeglin Nénharma according to the procedure stipulated by this Constitution. Suggestions about the structure and composition of the Government shall be submitted to the President by the Senate within ten days after their appointment.
4. The members of the Government shall take an oath to the people and President of Maeglin Nénharma.
Article 36
1. The Government
shall:
1) develop the main directions of the socio-economic
policy of the state, its defense capability, security, guarantee of
public order and organize their realization;
2) present to the
Senate the budget and a report about its performance, and ensure
implementation of the budget;
3) introduce drafts of laws and
ensure enforcement of laws;
4) organize management of state
property;
5) develop measures for the conduct of the foreign
policy of the Republic;
6) manage the activity of ministries,
state committees, other central and local executive bodies;
7)
annul or suspend completely or partially, the effect of acts of
ministries, state committees, other central and local executive
bodies of the Republic;
8) appoint to and release from office
heads of central executive bodies not encompassed by the Government;
9) perform other functions assigned to it by this Constitution,
laws and acts of the President.
Article 37
1. Members of the Government shall be independent in making decisions within their competence and bear personal responsibility for the activity of bodies subordinated to them. A member of the Government who does not agree with the policy, pursued by the Government, or who does not pursue it shall resign or be subject to release from their office.
2. Members of the Government shall not have right to be deputies of a representative body, hold other paid offices except teaching, scientific and other creative activities, engage in entrepreneurial activity, enter governing body or a supervisory board of a commercial organization.
3. The Government of the Republic shall issue resolutions on the items of its jurisdiction having obligatory force on the entire territory of the Republic.
4. Resolutions of the Government must not contradict the Constitution, legislative acts, or decrees and resolutions of the President.
5. The Government shall resign its powers to the newly elected President of the Republic of Maeglin Nénharma.
6. The Government and any of its members shall have the right to submit a resignation to the President if they consider further performance of the functions assigned to them to be impossible.
7. The Government shall submit its resignation to the President of the Republic of Maeglin Nénharma in the event that Senate passes a vote of no confidence in the Government.
8. The President of the Republic within a period of ten days shall consider the issue of accepting or declining the resignation. Acceptance of the resignation shall denote the termination of the powers of the Government or a respective member.
9. In the event that the resignation of the Government or its member is declined, the President shall charge the Government or its member with continued performance of their responsibilities.
Section VI THE CONSTITUTIONAL COUNCIL OF THE REPUBLIC
Article 38
1. The Constitutional Council of Maeglin Nénharma shall consist of seven members whose powers shall last for six years. The ex-Presidents of the Republic shall have the right to be life-long members of the Constitutional Council.
2. The Chairperson of the Constitutional Council shall be appointed by the President of the Republic, and in case the votes are equally divided, their vote shall be decisive.
3. Two members of the Constitutional Council shall be appointed by the President of the Republic, two - by the Chairperson of Senate, and two - by a vote of the Mayors of the Republic. Half of the members of the Constitutional Council shall be renewed every three years.
4. No member of the Constitutional Council shall not be deputies, hold paid offices except teaching, scientific or other creative activities, engage in entrepreneurial activity, or enter a governing body or a supervisory board of a commercial organization.
5. No member of the Constitutional Council during their term in office may be arrested, subject to detention, measures of administrative punishment imposed by a court of law, arraigned on a criminal charge without the consent of Senate, except in cases of being apprehended on the scene of a crime or suspicion of murder.
6. Organization and activity of the Constitutional Council shall be regulated by Constitutional Law.
7.
The Constitutional Council by appeal of the President of the Republic
of Maeglin Nénharma , the chairperson of the Senate, not less
than one-fifth of the total number of deputies of Senate, not less
than one-third of the total number of Mayors shall:
1) decide on
the correctness of conducting the elections of the President of the
Republic, deputies of Senate, and conducting an all-nation referendum
in case of dispute;
2) consider the laws adopted by Senate with
respect to their compliance with the Constitution before they are
signed by the President;
3) consider the international treaties
of the Republic with respect to their compliance with the
constitution, before they are ratified;
4) officially interpret
the standards of the Constitution;
8. The Constitutional Council shall consider the appeals of courts of law in cases stipulated by Article 40 of the Constitution.
9. The President of the Republic may object, as a whole or in part to the resolutions of the Constitutional Council. Such objections shall be overruled by two-thirds of the votes of the total number of the members of the Constitutional Council. If the objections of the President are not overruled, the resolution of the Constitutional Council shall be considered not adopted.
10. Laws and international treaties recognized not to be in compliance with the Constitution of the Republic of Maeglin Nénharma, may not be signed or, accordingly, ratified and brought into effect.
11. Laws and other regulatory legal acts, recognized as infringing on the rights and freedoms of an individual and citizen secured by the Constitution, shall be canceled and shall not be in effect.
12. Resolutions of the Constitutional Council shall come into effect from the day they are adopted and shall be binding on the entire territory of the Republic.
Section VII THE COURTS AND JUSTICE
Article 39
1. Justice in the Republic of Maeglin Nénharma shall be exercised only by an independent judiciary.
2. Judicial power shall be exercised through constitutional, civil, administrative, criminal and other forms of judicial procedure as established by law. In cases, stipulated by law, criminal procedure shall be carried out with participation of a jury.
3. The courts of the Republic shall be the Supreme Court of the Republic and local courts of the Republic established by law.
4. The judicial system of the Republic shall be established by the Constitution of the Republic and the constitutional law. The establishment of special and extraordinary courts under any name shall not be allowed.
5. Judicial power shall be exercised on behalf and shall be extended to all cases and disputes arising on the basis of the Republic of Maeglin Nénharma and shall be intended to protect the rights, freedoms, and legal interests of the citizens and organizations for ensuring the observance of the Constitution, laws, other regulatory legal acts, and shall ensure international treaties of the Republic.
6. A judge when executing justice shall be independent and subordinate only to the Constitution and the law. Decisions, sentences and other judgments of courts shall have an obligatory force on the entire territory of the Republic.
7. Any interference in the activity of the court in the exercise of justice shall be inadmissible and accountable by the law. Judges shall not be held accountable with regard to specific cases.
8. In application of law a judge must be guided by the
following principles:
1) a person shall be considered to be
innocent of committing a crime until their guilt is established by a
court's sentence that has come into force;
2) no one may be
subject twice to criminal or administrative prosecution for one and
the same offense;
3) no one may have their jurisdiction, as
stipulated by law changed without their consent;
4) everyone
shall have the right to be heard in court;
5) the laws
establishing or intensifying liability, imposing new responsibilities
on the citizens or deteriorating their conditions shall have no
retroactive force. If after the commitment of an offense
accountability for it is canceled by law or reduced, the new law
shall be applied;
6) the accused shall not be obligated to prove
their innocence;
7) no person shall be compelled to give
testimony against oneself, one's spouse and close relatives whose
circle is determined by law. The clergy shall not be obligated to
testify against those who confided in them with some information at a
confession;
8) any doubts of a person's guilt shall be
interpreted in the favor of the accused;
9) evidence obtained by
illegal means shall have no judicial force. No person may be
sentenced on the basis of their own admission of guilt;
10)
application of the criminal law by analogy shall not be allowed.
9. The principles of justice established by the Constitution shall be common and uniform for all courts and judges in the Republic.
Article 40
1. The courts shall have no right to apply laws and other regulatory legal acts infringing on the rights and liberties of an individual and a citizen established by the Constitution. If a court finds that a law or other regulatory legal act subject to application infringes on the rights and liberties of an individual and a citizen it shall suspend legal proceedings and address the Constitutional Council with a proposal to declare that law unconstitutional.
Article 41
1. All courts shall consist of permanent judges whose independence shall be protected by the Constitution and law. A judge's powers may be terminated or suspended exclusively on the grounds established by law.
2. A judge may not be arrested, subject to detention, measures of administrative punishment, imposed by a court of law, arraigned on a criminal charge without the consent of the President of the Republic, or without the consent of Senate except for the cases of being apprehended on the scene of a crime or on suspicion of murder.
3. Judges may be citizens of the Republic who have reached twenty-eight years of age, have a higher judicial education, length of service of not less than two years in the legal profession and who have passed a qualification examination. Additional requirements to the judges of the courts of the Republic may be established by law.
4. The office of a judge shall be incompatible with a deputy's mandate, holding other paid offices except teaching, research or other creative activity engaging in other entrepreneurial activity, or being a member of a managing body or supervisory board of a commercial enterprise.
Article 42
1. Financing of courts shall be performed from the republican budget and must ensure the possibility of complete and free exercise of justice.
2. The Supreme Court of the Republic of Maeglin Nénharma shall be the highest judicial body for civil, criminal and other cases which are under the courts of general jurisdiction; exercises the supervision over their activities in the forms of juridical procedure stipulated by law, and provide interpretation on the issues of judicial practice.
3. The Chairperson and judges of the Supreme Court of the Republic of Maeglin Nénharma shall be elected by the Senate at the proposal of the President of the Republic based on a recommendation of the Highest Judicial Council of the Republic.
4. The Chairperson and judges of other courts of the Republic shall be appointed by the President of the Republic at the proposal of the Minister of Justice based on a recommendation of the Highest Judicial Council of Justice.
5. The Highest Judicial Council shall be headed by the Chairperson who is appointed by the President of the Republic and consist of the Chairperson of the Constitutional Council, the Chairperson of the Supreme Court, the Procurator General, the Minister of Justice, deputies of the Senate, judges and other persons appointed by the President of the Republic based on the recommendations of other judges, public prosecutors, teachers and scholars of law and workers of the bodies of justice.
6. The status of the Highest Judicial Council and its procedure of formation and organization of their work shall be determined by law.
Section VIII MAYORS AND LOCAL PUBLIC AND SELF-ADMINISTRATION
Article 43
1. Local public administration shall be exercised by local representative and executive bodies which are responsible for the state of affairs in the respective city.
2. Local representative bodies shall express the will of the population of respective cities and with regard to the common public interests shall determine the measures needed for its realization, and control their implementation.
3. Mayors shall be elected by the population on the basis of universal, equal suffrage under secret ballot for a four-year term.
4. A Mayor may be a citizen of the Republic of Maeglin Nénharma who has reached twenty-one years of age who has lived in that city for no less than seven years. A citizen of the Republic may be the Mayor of only one city.
5. The jurisdiction of Mayors shall include:
1) approval of plans, economic and social programs for
development of the city, local budget and reports of their
performance;
2) decision of issues of local administrative
organization in their jurisdiction;
3) consideration of reports
by heads of local executive bodies on the issues delegated by law to
the jurisdiction;
4) formation of standing commissions and other
working bodies, hearing reports about their activity, decision of
other issues connected with organization of the work of a city;
5)
exercise other authorities for insuring of the rights and legitimate
interests of citizens in accordance with the legislation of the
Republic.
5. The powers of a Mayor shall be prematurely terminated by the Senate on the grounds and according to the procedure established by law.
6. The jurisdiction of Mayor, procedure of their organization and activity, and legal status of their deputies shall be established by law.
Article 44
1. Local executive bodies shall be a part of a unified system of the executive bodies of the Republic of Maeglin Nénharma, and ensure conduct of the general state policy of the executive power in conjunction with the interests and development needs of the respective city.
2. The jurisdiction
of local executive bodies shall include:
1) development of drafts
of plans, economic and social programs for development of the city,
local budgets and provision of their realization;
2) management
of public property;
3) appointment to and release from office the
heads of local executive bodies, resolution of other issues connected
with organization of the work of local executive bodies;
4)
exercise other powers delegated to local executive bodies by the
legislation of the Republic in the interests of local public
administration.
3. A local executive body shall be headed by a representative of the President and the Government of the Republic.
4. A Mayor shall have the right by two-thirds of votes from the total number of its deputies to express non-confidence in the local executive body and raise the issue of their release from office respectively before the President of the Republic or a Senator.
5. The jurisdiction of local executive bodies, organization and procedure of their activity shall be established by law.
Article 45
1. Mayors shall adopt decisions on the issues of their jurisdiction and shall adopt decisions and resolutions which are binding on the territory of the respective city.
2. Drafts of decisions of Mayors envisioning a reduction of local budgetary revenues or an increase of local budgetary expenditures may be submitted for consideration only with a positive resolution of the local executive body.
3. Decisions of Mayors not corresponding to the Constitution and the laws of the Republic of Maeglin Nénharma may be annulled by a legal process.
4. Decisions and resolutions of local executive bodies may be respectively annulled by the President, the Government of the Republic of Maeglin Nénharma, as well as by a legal process.
Article 46
1. In the Republic of Maeglin Nénharma, local self-administration that ensures that issues of local significance are resolved independently by the population shall be recognized. Local self-administration shall be exercised by the population directly through elections as well as through elective and other bodies of local self-administration in local communities covering the territories on which groups of the population live compactly. The procedure or organization and activity of the bodies of local self-administration shall be determined by citizens themselves within the limits of their powers established by law.
2. The independence of the bodies of local self-administration shall be guaranteed within the limits of their powers established by law.
Section IX ELECTIONS
Article 47
1. Any citizen of the Republic of Maeglin Nénharma of seventeen years or older can participate in local and nationwide elections. Under seventeen years of age, a citizen can vote only if they have emancipated minor status; qualifications for such status shall be determined by each city.
2. A citizen’s right to vote may not be taken away under any circumstance except in cases of a conviction for treason, or a voluntary renouncement of citizenship upon leaving the territory of the Republic.
Article 48
1. There shall be independent and transparent election administration. Determining who can vote, how they can vote, where they can vote and the type and number of voting machines that will be available shall not be in the hands of partisan officials. Election administrators must conduct themselves in a neutral and transparent manner. Election officials and poll workers are to be selected on a non-partisan basis.
2. There shall be an auditable, voter verifiable paper record of every vote cast which is the official ballot for purposes of recounts and audits.
3. There will be uniform standards for voter identification policies, as well as universal registration procedures and deadlines throughout the Republic.
Article 49
1. There will be full public financing of campaigns and free access to media for bona fide candidates. In addition, licensed media should be required to carry debates and provide equal time to all qualified candidates.
Article 50
1. Incumbent legislators shall not have the power to draw their own district lines. This power shall go to independent non-partisan commissions in order to create fair standards for redistricting.
2. The process of redistricting shall be done by local law every ten years upon an anonymous census counting the total number of voting age citizens within a city and its districts. Each city shall have representation in its local legislature of 1 elected official per every 30 citizens.
3. Individuals and families living in the grasslands and forests between cities shall be considered to be voting citizens of the city geographically closest to their location.
Section X TRANSITIONAL PROVISIONS
Article 51
1. The Constitution of the Republic of Maeglin Nénharma, adopted at an all-nation referendum, shall come into effect from the day of official publication of the results of the referendum.
2. The day of adoption of the Constitution at the all-nation referendum shall be proclaimed a national holiday -Constitution Day.
Article 52
1. Amendments and additions to the Constitution of the Republic of Maeglin Nénharma may be introduced only by an all-nation referendum held by the decision of the President of the Republic, made on their own initiative, at the recommendation of the Senate or of the Government. Drafts of amendments and additions to the Constitution shall not be submitted to an all-nation referendum if the President decides to pass it to the consideration of Senate. In such cases, the Senate's decision shall be adopted according to the procedure established by this Constitution. In case the President of the Republic refuses the proposal of the Senate on submission of amendments and additions to the Constitution for the consideration of the Republican referendum, the Senate has the right by majority of not less than four-fifths of votes of the total number of deputies to adopt the law on making of these amendments and additions to the Constitution. In such cases the President shall sign this law or submit it for the consideration of the Maeglin which shall be deemed valid if more than half of the citizens, possessing the right to participate in the referendum, take part in it. Amendments and additions to the Constitution, which are submitted for consideration, shall be deemed adopted, if more than half of citizens, taking part in it, vote for it.
2. The territorial integrity of the Republic may not be changed.
3. With the purpose of implementation of the Constitution, the Government, local representative and executive bodies must create all necessary organizational, material and technical conditions for fluent and free-of-charge mastery of the state language by all citizens of the Republic of Maeglin Nénharma.
Article 53
1. The Cabinet of Ministers of the Republic from the day of enactment of this Constitution shall acquire the rights, obligations and responsibility of the Government of the Republic of Maeglin Nénharma.
2. The first composition of the Constitutional Council of the Republic of Maeglin Nénharma shall be formed in the following manner: the President of the Republic, the Chairperson of the Senate, and the Mayor of the capital city shall each appoint one member to the Constitutional Council for a three-year term and shall each appoint one member to the Constitutional Council for a six-year term. The Chairperson of the Constitutional Council shall be appointed by the President of the Republic for a six-year term.
3. The justice and investigation bodies stipulated by this Constitution shall be formed according to the procedure and within the terms stipulated by the respective laws. The functioning juridical and inquiry bodies shall retain their powers until new bodies are formed.
4. Judges of the Supreme Court and local courts of the Republic of Maeglin Nénharma shall retain their powers until the formation of courts, as stipulated by the constitution. Vacant offices of judges shall be filled according to the procedure, established by the Constitution.