Common Charter
The Common Charter of Arvor (Общая Хартия Арвора) is the supreme law of the Arvorian Democratic Republic. It superseded the Articles of Commonwealth on 1 Herfa 7566 RH and took full effect on 1 Vetrun 7567 RH.
Provisions
Preamble
"In the Name of the People, with the intent of ensuring equitable Justice, domestic Tranquility, maintenance of the common Defence, the preservation of the general Welfare, and with the desire to secure the individual Liberties and Rights of all citizens, we do inculcate and establish this Charter for the Arvorian Democratic Republic."
Article I - The Legislature
Article I is focused on the Congress of People's Deputies, the legislative branch of the People's Government. The opening of the article, Section I, states, "All legislative powers herein described shall be vested in the Congress of this Republic." It describes the manner of election and the qualifications of its members. Deputies must be at least 30 years old, a born citizen of the republic, live in the raion they represent for a minimum of 15 years, and have no criminal record beyond petty offences.
In its sections Article I details the powers of the Congress to:
- The power to declare war and establish rules concerning captures on land and sea.
- To raise and support the armed forces.
- To make rules for the government and regulation of the armed forces.
- Appoint the senior officers of the armed forces.
- To provide for maintaining and calling the militia, suppress insurrection and repel invasions.
- To define and punish piracy, felonies, and offences against the law of nations.
- Collect taxes, duties, imposts, and excises, and to pay the debts of the nation.
- Regulate commerce with foreign nations.
- Establish a uniform code of naturalisation.
- Provide for national defence and security.
- Coin money and regulate the value thereof.
- Fix the standard of weights and measures.
- Establish post offices.
- Provide for punishments for the counterfeiting of securities and coin of the nation.
- Promote the progress of science and the useful arts.
- To constitute courts inferior to the Central Court of Justice.
- To call to account any senior official of the Government for crimes and misdemeanors in violation of the laws and statues of the republic.
Article II - The President
Article II details the powers and duties of the office of the President of Arvor. The opening of the article, Section I, states, "The power of the State shall be vested in the office of the President of this Democratic Republic, who shall hold their office for a term not to exceed five years, renewable once." It describes the manner of election and the qualifications of this individual, who must be at least 35 years old, a born citizen of the republic, and lacking any criminal record beyond petty offences.
In its sections Article II details the powers of the President to:
- Act as Supreme Commander-in-Chief of the Armed Forces of Arvor.
- Convene the Congress of People's Deputies.
- Affirm the new Premier after each election cycle.
- Affirm the members of the Council of Ministers, directors and directors general of key agencies and offices, and the general directors of the state enterprises.
- Affirm the national, oblast, and raion level officers of the National Procuracy Service.
- Affirm the appointments of senior officers in each branch of the Armed Forces.
- Sign and promulgate the laws passed by Congress, or to veto them under certain circumstances.
- Exercise the power to pardon or grant amnesty to individual offenders on behalf of the nation. This power excludes charges of treason and espionage.
- Award (and withdraw) honours on behalf of the nation.
- Represent the ADR at home and abroad.
- Receive and host visiting heads of state.
- Accredit the nation's ambassadors.
- Receive the credentials of foreign diplomatic officials.
- Bind the ADR to international treaties and obligations through executive affirmation.n.
Article III - The Premier
Article III details the powers and duties of the office of the Premier of Arvor. The opening of the article, Section I, states, "The power of the Government shall be vested in the office of the Premier of this Democratic Republic, who shall hold their office for a term not to exceed five years, renewable once." It describes the manner of election and the qualifications of this individual, who must be at least 35 years old, a born citizen of the republic, and lacking any criminal record beyond petty offences.
In its sections Article III details the powers of the Premier to:
- Determine the operating priorities of the Government and organising its work in accordance with the Common Charter and the dictates of the Congress.
- Submit to the President proposals on the structure and functions of the central institutions of the executive branch.
- Nominate the ministers and other senior officials and present them to the President after legislative approval has been secured.
- Submit to the President proposals on punishment and recognition of government officials as necessary.
- Represent the State as an institution in foreign relations and inside the country.
- Head all sessions of the government and its Council where they have the decisive vote.
- Sign acts of the Government.
- Report annually to the Congress about government activities, most notably in the State of the Republic speech.
- Distribute duties among members of the Government.
- Systematically inform the President and Congress about Government activities.
- Hold de facto operational command of the Armed Forces of Arvor.
Article IV - The Judiciary
Article IV details the powers and duties of the Central Court of Justice of Arvor. The opening of the article, Section I, states, "The judicial power of the Democratic Republic shall be vested in one Central Court of Justice, and in such inferior courts as the Congress may ordain and establish. The assessors, both of the Central and inferior Courts, shall hold their offices during good behaviour for a term not to exceed twenty-five years or until they turn seventy-five years of age, whichever shall happen first." It describes the manner of selection and the qualifications of this individual, who is nominated by the Premier, approved by the Congress, and sworn into their office by the President. They must be at least 45 years old, a born citizen of the republic, lacking any criminal record beyond petty offences, and have a minimum of ten years of service as an assessor at an inferior level of the national courts system.
In its sections Article IV details the powers of the Central Court to:
- Be the final court of appeal in the ADR for civil cases and criminal cases.
- To hear cases of the greatest public or constitutional importance affecting the nation as a whole
- To arbitrate issues that may arise in the specific interpretation, according to the dictates of the Common Charter, of the law as promulgated by the Congress.
- To focus on cases that raise points of law of general public importance.
- To arbitrate any impeachment brought against a minister or other high State official.
Article V - Rights of the People
Article V, also known as the Bill of Guarantees (Гарантийный вексель), delineates the inviolable rights of the citzens of the republic. These rights are considered absolute and any violation of them is considered a Class A offence.
- No laws shall be made respecting any establishment of religion, nor which restricts the free practise of religion.
- No laws shall be made which abridge the freedom of speech.
- No laws shall be made which abridge the freedom of the press.
- No laws shall be made which restrict the freedom of peaceful assembly, or the ability of any citizen to seek redress for their just grievances.
- No laws shall be made which restrict the freedom of citizens to travel freely and without impediment.
- All citizens shall have the right to a speedy and public trial by impartial jury.
- All citizens shall have the right to be informed of any criminal charges levied against them, to confront witnesses in any proceedings related thereto, and to compel said witnesses to appear in court.
- All citizens shall have the right to the assistance of legal counsel.
- No citizen shall be held to answer for a capital or otherwise infamous offence, unless on presentment or indictment by assize, except in cases arising in the armed forces when in actual service in time of war or public danger, nor shall they be compelled in any criminal case to be a witness against themselves.
- All citizens shall have the right to be secure in their persons, residences, papers, and effects, against any unreasonable searches or seizures. No legal authority shall issue warrants, but upon probable cause and supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
- No authority of the law or courts shall levy against any citizen excessive bails, fines, or unusual punishments.
- No citizen shall be subjected to discrimination of any kind, regardless of their gender, sexuality, religious beliefs, disability, family status, background, or any other personal traits.
Article VI - Duties of the State
Article VI details the fundamental responsibilities and duties of the People's Government. The opening of the article, Section I, states, "The responsibilities and duties of the People's Government shall be such that they serve the expectations and requirements of the People and shall, at all times, be directed to the attention of same."
Article VI delineates the following duties and responsibilities of the State, within specific standards:
- The People are the sole source of political authority.
- The People shall always have the right to engage in political life at the gorod, raion, oblast, and national levels. This participation includes the freedom and right to vote in elections, referendums, and initiatives.
- The government is unitary, in which the Congress shall establish the laws and regulations of the nation and the authorities at the oblast, raion, and gorod level shall be responsible for their efficient and consistent enactment.
- The government must serve the common welfare of the People.
- The government shall provide for the National Defence.
- The government shall maintain the systems of law and criminal justice to the preservation of law and good order.
- The government shall maintain the necessary infrastructure for the good functioning and accessibility of the nation.
- The government shall maintain the diplomatic outreach of the nation to foreign states and shall at all times preserve the good relations of the republic with all nations open to same in good faith.