Inspired by Master Elf's
Constitution for the Shadow Knights of Arda Kinship the Followers of Light have
begun the complicated job of making a Charter for the Kinship. The Charter will
be a comprehensive document covering all the spheres of rights, obligation and
powers of the members and institutions of the Kinship. The Charter will be made
as a modern constitutional document having the European Constitution, UN
Charter, Charter of the Council of Europe and the Organization for European
Security and Cooperation and starting, reference, and inspiration points. The
Charter of the Kinship will be as a Constitution of a modern European country.
I. BASIC PROVISIONS
Article 1
The Followers of Light is a Kinship of all members , founded upon the freedoms and rights of members, the rule of law, and social justice.
Article 2
Sovereignty is vested in all the members of the Followers of Light.
Member shall exercise their sovereignty through a initiative, and their freely elected representatives.
Article 3
In the Followers of Light everything shall be permitted unless it has been prohibited by the Charter and decisions of the Grand Council of the Rising Sun, Ruling Council, Grand Assembly, Tribunal of Honor and Conduct, and the Kinship Charter Protectors.
Guaranteed and recognized by the Charter are the individual, political, economic, social, cultural, and other rights of members.
Article 4
The territory of the Followers of Light is a single whole, no part of which may be alienated.
The members through the legitimate institutions shall decide upon any change in the boundaries of the territory under the administration of the Followers of Light.
Article 5
The Followers of Light has a coat of arms, a flag, and a Kinship’s anthem.
The coat of arms, the flag, and the Kinships anthem shall be determined by a decision of legitimate institutions.
The capital city of the Followers of Light is Amdir, located near the Old Forest between Sarn Ford and the Greenway.
Article 6
The Followers of Light includes two Autonomous cities, the city of Ñillë (silver glint) located between the White Towers, Belegost and Grey Havens and the city of Terken (insight) located just a little bit south from Dunland forest near the Gap of Rohan, these being the forms of territorial autonomy of the Kinship.
Article 7
The municipality (the two Autonomous cities) is a territorial unit in which local self-government is exercised.
The City of Amdir is a separate territorial entity.
The territorial organisation of the Kinship is regulated by this Charter and the decisions of the legitimate institutions.
Article 8
In the Kinship the Quenia, Sindarin, and the Common thong and their respected alphabets shall be officially used.
In the regions of the Kinship inhabited by members of other racial and ethnic groups, their own languages and alphabets shall be officially used as well, in the manner established by the decisions of the legitimate institutions of the Kinship.
Article 9
Constituent and legislative power is vested in the Grand Assembly of the Followers of Light Kinship.
The Followers of Light is represented and its Kinship unity symbolized by the Grand Council of the Rising Sun.
Executive power is vested in the Ruling Council of the Followers of the Light.
Judicial power is vested in the Tribunal of Honor and Conduct.
The protection of constitutionality, as well as the protection of legality, in accordance with the Charter, is vested in the Tribunal of Honor and Conduct.
Article 10
The work of Kinship institutions shall be open to the public.
The publicity of work of the Kinship institutions may be restricted or precluded only in cases provided by previous decisions of the Grand Council of the Rising Sun.
II. FREEDOMS, RIGHTS AND DUTIES OF MEMBERS
Article 11
The freedoms and rights of members are restricted only by equal freedoms and rights enjoyed by others, and when so provided by the Charter or in some special cases by the decision of legitimate institutions of the Kinship.
Article 12
Freedoms and rights shall be exercised and duties fulfilled on the ground of the Charter, unless the Charter provides that the conditions of exercising specific freedoms and rights shall be spelled out by decisions of legitimate institutions of the Kinship.
The manner of exercising specific freedoms and rights may be determined by decisions of legitimate institutions of the Kinship if this is necessary for their exercise.
Abuse of the freedoms and rights of members is unconstitutional and shall be punished in the manner prescribed by the decisions of legitimate institutions of the Kinship.
Judicial protection of the freedoms and rights guaranteed and recognized by the Charter is ensured.
Article 13
Members are equal in their rights and duties and have equal protection before the Kinship and other authorities, irrespective of their race, sex, birth, language, ethnicity, religion, political or other belief, level of education, social origin, property status, or any other personal attribute.
Article 14
Life is inviolable.
The capital punishment may not be exercised out by the decisions of the legitimate institutions of the Kinship; not even for the most serious criminal offences against members of the Kinship or the Kinship itself.
Article 15
Liberty is inviolable.
No one may be deprived of his liberty, except on such grounds and in accordance with such procedure as established by the decisions of legitimate institutions of the Kinship and in accordance to the Charter.
Article 16
A person reasonably suspected of having committed a criminal or any other kind of offence against other members of the Kinship, friends of the Kinship, or the Kinship itself may be detained and held in confinement on the ground of a decision of a competent institution of the kinship only when this is indispensable for the conduct of criminal and other proceedings or for reasons of public safety of the Kinship and its members.
The length of detention must be kept to the shortest possible time.
The detention ordered by the first instance court may not exceed three months from the day of the arrest. The Grand Council of the Rising Sun may extend by its decision this time limit for another three months. If upon the expiry of these time limits no charge sheet has been filed the accused shall be released.
Article 17
Members are guaranteed freedom of movement and residence, and the right to leave and return to the territories of the Kinship.
Freedom of movement and residence may be restricted by decision of legitimate institutions of the Kinship if this is necessary for the conduct of criminal and other proceedings, prevention of contagious diseases, or when so required by the defence of the territory of the Kinship.
Article 18
Member’s dignity and the right to a private life are inviolable.
Article 19
Privacy of all means of communication is inviolable.
Provisions to depart from the principle of inviolability of privacy of all means of communication, pursuant to an order of the legitimate institutions of the Kinship, may only be made by the law if this is indispensable for the conduct of criminal or any other proceedings, or for the defence of the territory of the Kinship.
Article 20
Protection of secrecy of data concerning a person shall be guaranteed.
The collection, processing, and use of data concerning a person shall be regulated by decisions of legitimate institutions of the Kinship.
Article 21
The residing place shall be inviolable.
A decision may prescribe that a person in an official capacity on the ground of a warrant of legitimate institution of the Kinship, may enter a residing place or other premises against the will of their tenant, and may search them. The search shall be carried out in the presence of two official witnesses of the tenant.
Subject to conditions spelled out by decisions of legitimate institutions of the Kinship, a person in an official capacity may enter a dwelling or other premises without a court warrant and carry out a search, if this is indispensable for the purpose of immediate apprehending the perpetrator, or in order to save lives and property, and to protect the safety of the Kinship.
Article 22
Everyone is entitled to equal protection of their rights in the proceedings before a legitimate institution of the Kinship.
Individuals are guaranteed the right to appeal or to apply other legal remedy against a decision concerning their right or interest founded on the basis of the Charter.
Article 23
No one shall be punished for an act prior to its commission was not provided as a punishable offence by a decision of a legitimate institution of the Kinship or statutory instruments based on the Charter, nor be subject to pronouncing a punishment which has not been established for such an act by the Charter.
Criminal offences and penalties for the offenders may be established only by the Charter or decision of legitimate institution of the Kinship (the Grand council of the Rising Sun or the Tribunal of Honor and Conduct).
No one may be considered guilty of a criminal or any other offence until so proven by a final judgment of the Tribunal of Honor and Conduct of the Kinship.
A person who has been unjustifiably convicted for a criminal or any other offence or wrongfully deprived of liberty shall be entitled to compensation of damage from public funds, as well as to other rights established by law.
Article 24
Every person, being a member of the Kinship or not, is guaranteed the right to defend himself and to engage a defence official to represent him before the.
No one accessible to the institutions of the Kinship competent for conducting the proceedings may be punished without being afforded an opportunity to be interrogated and to defend himself.
Every person is entitled to have a defence official of his choice present at his hearing.
The Charter shall determine the cases when an accused must have a defence official.
Article 25
Every person is entitled to compensation of property and non-property damage inflicted on him through unlawful or irregular work of an official or a Kinship’s organisation exercising public powers, in accordance with the Charter and the decisions of legitimate institutions of the Kinship.
The damages shall be paid by the Kinship or the organisation exercising public powers.
Article 26
Respect for the Children of Eru and their dignity shall be guaranteed in criminal and any other proceedings, in the event of deprivation or restriction of liberty, as well as during imprisonment.
No one shall be subject to torture, humiliating punishment or treatment.
It is prohibited to use a person, without his consent, as on object in kind of scientific experiments.
Article 27
It is legitimate right of the Children of Eru to decide freely on family planning.
Article 28
The mother and child shall enjoy special protection.
Special protection shall be extended to minors deprived of parental care, as well as to persons unable to take care of themselves and to protect their rights and interests.
The special protection shell be guarantied by Charter and all institutions of the Kinship.
Article 29
The family shall enjoy special protection.
Marriage and matrimonial and family relations shall be regulated and protected by Charter and all institutions of the Kinship.
Parents shall have the right and duty to care for the raising and upbringing of their children. Children shall be bound to care for their parents in need of assistance.
Children born out of wedlock shall have the same rights and duties as those born in wedlock.
Article 30
Every person, and especially children, pregnant women, elder people and persons affected by war, is entitled to be provided heeling services by the officials of the Kinship without any material payment.
Article 31
All members shall have the right to a healthy environment and.
Every person is bound, in accordance with the Charter, to protect and enhance and protect the natural environment of Arda.
Article 32
Lore and education shall be accessible to everyone under equal conditions.
Primary lore of the history of Arda shall be obligatory.
Primary education into the lore shell be financed from public funds of the Kinship for the children living in the administrative boundaries of the territories of the Kinship.
Members of other races, children of foreign ambassadors and refuges have the right to education in their own language in accordance with the Charter and the decisions of legitimate institutions of the Kinship.
Article 33
The freedom of creativity and of publishing opinions and personal works and ideas shall be guaranteed, which guaranty applies to moral and property rights of their creators, too.
The manner of exercise and the protection of rights of creators relating to their works shall be regulated by decisions of legitimate institutions of the Kinship.
Article 34
The right to own property is guaranteed in accordance with the Charter, as well as the freedom of entrepreneurship, guild organizing, trade and other doing in the sphere of economy.
The right to inheritance is guaranteed, is accordance with the Charter.
Everyone may set up a foundation to support any worthy cause in the Kinship.
Article 35
Every person shall have the right to work.
The freedom of work, the free choice of profession and employment, and participation in organizing business shall be guaranteed. Everyone shall have equal access to jobs and functions.
Employed persons may be dismissed against their will under conditions and in the manner established by the personal agreement between the individual and the employer.
Forced labour shall be severely prohibited by this Charter and measures against it shell be enforced by the institutions of the Kinship.
Article 36
Employed persons are entitled to fair remuneration.
The right to relief during temporary unemployment shall be guaranteed subject to conditions established by decisions of legitimate institutions of the Kinship.
Article 37
Employed persons shall have the right to strike, in accordance with detailed decisions of the legitimate institutions of the Kinship.
Article 38
Employed persons are entitled to limited working hours, to a daily and weekly rest period, and to a paid holiday and leave of absence, in accordance with the decisions of legitimate institutions of the Kinship and/or personal agreement.
Employed persons are entitled to job safety, in accordance with decisions of legitimate institutions of the Kinship and/or personal agreement.
Young people, women and disabled persons shall enjoy special on-the-job protection, in accordance with decisions of legitimate institutions of the Kinship and/or personal agreement.
Article 39
Members and other persons who are partially disabled shall be guaranteed the training for a suitable job, and shall be provided conditions for their employment, in accordance with law.
The institutions of the Kinship shell provide social protection assistance to those members and other persons who are unable to work and have no means of providing elementary conditions for life.
Article 40
The employer shall secure for the workers the right to health protection and other rights in the event of sickness, the rights in the event of pregnancy, childbirth, impairment or loss of work ability, unemployment and old age, and rights to other forms of social protection, and for the members of their families - the right to health protection, the right to a family compensation, and other social protection rights.
Social protection right for those members and other persons who are not covered by the obligatory social protection shall be regulated by decision of legitimate institutions of the Kinship.
Article 41
Freedom of religion (belief in Eru, the Valas, and/or ancestors), which includes the freedom of belief, confession of faith and performance of religious rites, shall be guaranteed.
Belief in the dark forces and representations of evil shell be prohibited in the territories under the administration of the Kinship
Religious communities shall be separated from the Kinship and shall be free in the conduct of religious affairs and performance of religious rites.
A religious community may establish religious education centres and charitable organisations.
The Kinship may grant financial assistance to religious communities.
Article 42
A member who has reached the age of eighteen shall have the right to vote and to be elected to the Grand Assembly of the Followers of Light and to other institutions and bodies of the Kinship.
Election shall be direct, by universal and equal suffrage, and shall be held by secret ballot.
A candidate for representative of the Grand Assembly of the Followers of Light and of other institutions and bodies may be nominated by an official of the Kinship, interest organisation of the Kinship, and/or a group of members.
Article 43
Members are guaranteed the freedom of assembly and other kinds of gathering without seeking permission, subject to a previous notification of the competent administrative body.
The freedom of assembly and other gathering of members may be restricted by a decision of the competent institution, for the purpose of preventing the obstruction of traffic, threat to public health, public morals or safety of persons and property, and in time of state of war.
Article 44
The freedom of political, interest group, trade union and other forms of organisation and action without seeking permission, subject to registration with the competent administrative institution, shall be guaranteed.
Any activity aiming at a forcible changing of the order established by the Charter, violation of the territorial integrity and independence of the territories under the administration of the Kinship, violation of freedoms and rights of members and other persons (diplomatic representatives and refuges) guaranteed by the Charter, and the provocation and fomenting of racial, and religious intolerance and hatred, shall be prohibited and severely punished by the competent institutions of the Kinship.
Article 45
The freedom of conscience, thought and public expression of opinion shall be guaranteed.
Article 46
The freedom of information and other public news shall be guaranteed.
Members shall have the right to express and make public their opinions.
Publication of opinions and/or ideas and dissemination of information by other means shall be accessible to everyone without seeking permission, subject to registration with the competent administrative institution.
The right to correction of published incorrect information which violates someone's right or interest, as well as the right to compensation for any moral and property damage arising there from, shall be guaranteed.
The censorship of public information and opinions and ideas shall be prohibited. No one may obstruct the distribution of the published information and dissemination of other information, except when the competent administrative institution finds by its decision that they call for the forcible overthrow of the order established by the Charter, violation of the territorial integrity and independence of the territories under the administration of the Kinship, violation of guaranteed freedoms and rights of members and other persons (diplomatic representatives and refuges), or incite and foment racial or religious intolerance and hatred.
Article 47
A member of the Kinship shall have the membership of the Followers of Light.
A member of the Followers of Light may not be deprived of his membership, exiled or extradited.
The membership shall be acquired and terminated in the manner established by the Charter and executive decisions of legitimate institutions of the Kinship.
A member of the Followers of Light who has another membership may have the membership of the Followers of Light revoked only if he refuses to perform the constitutional duties of a member of the Kinship meaning that he or she can be only a member of one kinship.
Article 48
A member has the right to publicly criticize the work of the Kinship and other institutions and organisations, as well as of the high-ranking officials, to submit requests, petitions and proposals, and to receive an answer to these should he so desire.
A member may not be indicted nor suffer any other ill effects for his opinions presented in public criticism or in a submitted request, petition or proposal, except when thereby committing a criminal offence or any acts against this Charter.
Article 49
A member shall be guaranteed the freedom to express his ethnical and racial affiliation and culture, and freedom to use his language and alphabet.
A member is not bound to declare his national affiliation when joining the kinship or at any other point of his membership
Article 50
An alien in the territories under the administration of the Kinship shall have the freedoms and rights specified by the Charter, and other rights and duties as established by decisions of legitimate institutions of the Kinship.
The right to asylum shall be guaranteed to a foreign member and stateless person who is being persecuted for supporting just views and participating in movements for rights of Children of Eru and freedoms, or for the freedom of scientific or artistic creativeness.
Article 51
The defence of the Kinship is the right and a duty of every member without regard to gander, race, or religious or any other beliefs.
No one has the right to acknowledge or sign an act of capitulation, or accept or recognize the occupation of the territories under the administration of the Followers of Light, or any part thereof.
Treason against the Kinship is a crime against the members and shall be punished as a serious offence and in accordance to the Charter and decisions of legitimate institutions of the Kinship.
Article 52
Everyone shall be bound to pay taxes and other levies established by decisions of legitimate and respectful institutions of the Kinship.
Article 53
Everyone shall be bound to abide by the Charter and the decisions of legitimate and respectful institutions of the Kinship.
Everyone shall be bound to perform his public function conscientiously and responsibly.
Article 54
Everyone has the duty to render aid to another person in need, and to participate in eliminating a general danger.
III. ECONOMIC AND SOCIAL ORDER
Article 55
The economic and social order is based on a free trade economy with all forms of ownership within a single trade of goods, labour and capital; on the independence of guilds and all other forms of organisation; on running and appropriation on the ground of ownership and work; as well as on the right of the employed and of other members to social protection.
The Kinship, through measures of development, economic and social policy, under equal conditions, shall promote the increase of economic prosperity and social welfare of all members and other persons (diplomatic representatives and refuges).
Article 56
Social, kinship’s, private and public property and other forms of ownership shall be guaranteed.
All forms of ownership enjoy equal protection of the Charter and all legitimate institutions of the Kinship.
Aliens may acquire title to ownership under the conditions established by individual decisions of legitimate institutions of the Kinship.
Article 57
Economic and other activities shall be conducted freely and under equal conditions, in accordance with the Charter and decisions of respected and legitimate administrative institutions of the Kinship.
Aliens shall be guaranteed the right to engage in economic and other activity, and the rights deriving out of investment and business activity, under the conditions specified for domestic persons.
Article 58
Ownership and labour shall be the ground for organizing and participation in the decision-making.
The employed persons shall manage a publicly-owned enterprise and participate in organizing in other types of enterprises and other organisations where they work, or where they invest their resources, in accordance with the Charter, decisions of administrative institutions of the Kinship and the personal agreement.
Article 59
Property rights and duties relating to resources owned by groups and the Kinship, and the conditions of possible transforming of such resources into other forms of ownership shall be regulated by decisions of legitimate institutions of the Kinship.
Resources in the sphere of public and Kinship’s ownership shall be sold at agreed prices in accordance with the Charter and decisions of legitimate institutions of the Kinship.
Article 60
Natural resources and property in the public domain, being the property of general interest, including the urban construction sites, shall be owned by the Kinship or be institutional property.
Individual property units in the public domain may also be privately owned, under conditions established by decisions of legitimate institutions of the Kinship.
Under conditions established by the Charter and the decisions of legitimate institutions of the Kinship, the right of use may be instituted on property in the public domain and the urban construction sites.
If so required by the interest of general public, the ownership of the property of special cultural, scientific, artistic or historical significance, or significant for the protection of natural environment, may be restricted on the ground of executive decisions of legitimate institutions of the Kinship and subject to compensation.
The protection, use, promotion and organization of the property of public interest shall be carried out under conditions and in the manner established by the executive decisions of the legitimate institutions of the Kinship.
The payment of rental for making use of property in the public domain and of urban construction sites shall be regulated by executive decisions of the legitimate institutions of the Kinship.
Article 61
A member shall be guaranteed the ownership of his farming land and of other real property and movables, while the executive decisions of the legitimate institutions of the Kinship shall specify the frameworks of ownership of forests and forest land.
Article 62
Individuals and legal entities shall exercise their rights to real property according to its nature and purpose, and in accordance with the executive decisions of the legitimate institutions of the Kinship.
Article 63
Real property may be expropriated against a fair price that may not be below the minimal natural price, and ownership of such property may be restricted, if so required by the public interest, which shall be established on the ground of the executive decisions of the legitimate institutions of the Kinship.
Article 64
The trade of goods and services, and movement of capital and labour shall be free.
Enterprises and other organisations shall be set up freely, shall be independent in conducting their business, in pooling and associating, shall have the same status in terms of conditions for conducting business and legal protection, and shall be liable for their obligations in the sphere of legal transactions with the resources they have at their disposal.
Any act or action, by which one creates or instigates a monopolistic position and/or restricts the market in some other way, shall be unconstitutional and punished by the executive decisions of the legitimate institutions of the Kinship.
Article 65
The terms and manner of performing activities for which public services are established shall be provided by the executive decisions of the legitimate institutions of the Kinship.
Article 66
Enterprises and other organisations may conduct business and invest resources abroad under conditions established by the executive decisions of the legitimate institutions of the Kinship.
Article 67
In times of an immediate threat of war, the state of war or major natural disaster, it shall be possible to restrict by executive decisions of the legitimate institutions of the Kinship the disposal, or establish a special way of use, of the part of resources belonging to legal entities and individuals, for the duration of the emergency.
Article 68
Resources to be applied for the exercise of the constitutionally guaranteed rights of members and the legally established public interest in the spheres of health protection, social protection, war veterans' and disability protection, social protection for children and other forms of social protection, education, science, culture, physical culture, as well as in other spheres laid down by the executive decisions of the legitimate institutions of the Kinship, shall be allocated from the budget of the institutions of the Kinship.
Resources to cover for the exercise of rights on the ground of obligatory social protection, and temporary unemployment insurance, shall be paid in jointly by the employees, other insured persons and employers, through an organisation which is organized by the insured persons and beneficiaries in accordance with the executive decisions of the legitimate institutions of the Kinship.
Article 69
The institutions of the Kinship, the autonomous cities, the Capital City of Amdir and the municipality shall have budgets showing all their revenues and expenditures.
Budget resources shall be raised from taxes and other levies established by the executive decisions of the legitimate institutions of the Kinship.
The duty of payment of taxes and other levies shall be established in accordance with the taxpayer's income bracket.
A executive decisions of the legitimate institutions of the Kinship, other regulation or general enactment which requires allocations from the budget may not be adopted unless the institution passing the legislation at issue has ascertained that resources are available for the execution of these obligations.
IV. THE RIGHTS AND DUTIES OF THE KINSHIP OF THE FOLLOWERS OF LIGHT
Article 70
The rights and duties of the Kinship shall be carried out by the Kinship institutions and organizations established by the Charter.
The freedoms and rights of members and other persons (diplomatic representatives and refuges), equality before the law, the autonomous and equal position of the enterprises and other organisations are the basis and a yardstick for the powers and responsibilities of the Kinship institutions and organizations.
Article 71
Within the rights and duties of the Kinship established by the Charter, the Kinship institutions shall lay down the policy, enact and enforce laws, other regulations and general enactments, and provide constitutional-judicial and judicial protection of constitutionality and legality.
Other institutions and organisations in the Kinship may be entrusted the enforcement of laws and other regulations and general enactments within the framework of rights and duties of the Kinship, the Kinship main institutions remaining responsible for their enforcement.
Article 72
The following shall be regulated and provided by the Kinship of the Followers of Light:
1) Sovereignty, independence and territorial integrity of the territories under administration of the Kinship and its international position and relations with other states and foreign organisations;
2) Realisation and protection of freedoms and rights of members and other persons (diplomatic representatives and refuges); constitutionality and legality;
3) Defence and security of the Kinship and of its members; measures to cope with emergencies;
4) Property and obligation relations and the protection of all forms of ownership; legal status of enterprises and other organisations, their associations and chambers of economy; the financial system; the system in the spheres of economic relations with foreign partners, market, planning, labour relations, protection at work, employment, social protection as well as other economic and social relations of public interest;
5) The system of protection and advancement of natural environment; protection and promotion of plants and animals;
6) The system in the spheres of health protection, social protection, war veterans' and disabled persons' care, social protection for children and young people, education, culture and protection of cultural monuments, physical culture, social and public information;
7) The system of public services of the Kinship;
8) Control of the legality of disposal of resources of legal entities, auditing of public expenditures and the way of uniform organisation of such affairs; collection of statistical and other data of public interest;
9) Basic goals and directions of the economic, scientific, technological, demographic, regional and social development, the development of agriculture and rural areas; organisation and the use of space; policy and measures to guide and promote development, including the development of under-developed areas, commodity reserves;
10) Financing the realisation of the rights and duties of the Kinship as established by the Charter and executive decisions of the legitimate institutions of the Kinship;
11) Organisation, jurisdiction and work of Kinship institutions;
12) Other relations of interest for the Kinship in accordance with the Charter.
The Kinship of the Followers of Light shall maintain relations with the members living outside the territories under administration of institutions of the Kinship (like the diplomatic representatives of the Followers of Light at other kinships) in order to preserve their cultural-historical identity and membership rights.
V. THE KINSHIPS INSTITUTIONS
The Grand Assembly of the Followers of Light
Article 73
The Grand Assembly of the Followers of Light shall:
1) Decide on amending the Charter;
2) Enact executive decisions, other regulations and general enactments;
3) Enact development plan, urban and rural planning document, budget and annual balance sheet;
4) Make draft of decision relating to the change of boundaries of the territories under the administrations of the Kinship;
5) Determine the territorial organisation in the territories under the administration of the Kinship;
6) Decide on war and peace;
7) Ratify peace and other treaties;
8) Announce a Kinship referendum on important issues;
9) Announce guidelines for the general policy of the Kinship;
10) Elect and dismiss: the President and Vice-President of the Grand Assembly of the Followers of Light; the Prime Minister, Deputy Prime Ministers and Ministers in the Ruling Council of the Followers of Light; the President and Justices of the Tribunal of Honor and Conduct; the Kinship Charter Protectors and other high-ranking officials as specified by the executive decisions of the institutions of the Kinship;
11) Effect control over the work of the Ruling Council of the Followers of Light and other administrative institutions, and high-ranking officials responsible to the Grand Assembly of the Followers of Light, in accordance with the Charter and executive decisions;
12) Grant amnesty for criminal and other offences;
13) Perform other activities in accordance with the Charter.
Article 74
The Grand Assembly of the Followers of Light shall consist of minimum 30 representatives. The representatives shall be elected in direct election by secret ballot.
The election and termination of term of the representatives and establishing of constituencies shall be regulated by executive decision of legitimate institutions of the Kinship.
Article 75
Representatives shall be elected for a term of one year.
Elections for representatives must be held not later than 30 days before the expiry of the tenure of the representatives whose term is expiring.
The function of the representatives whose tenure expires ceases with the day of verification of the credentials of new representatives.
In case of imminent danger of war of state of war, the Grand Assembly of the Followers of Light may decide to extend the tenure of the representatives for the period this situation lasts, and/or until the conditions are created for the election of the representatives to take place.
Article 76
A representative represents the members of the constituency he has been elected in.
Article 77
A representative shall enjoy immunity.
A representative shall not be called to account in criminal or any other proceedings, or detained or punished for an opinion expressed or a vote cast in the Grand Assembly of the Followers of Light.
A representative shall not be detained without the approval of the Grand Assembly of the Followers of Light, unless he has been caught in the act of committing a criminal or any other offence which carries a penalty of imprisonment as declared by the Charter and executive decisions of legitimate institutions of the Kinship.
No representative may be subject, without the approval of the Grand Assembly of the Followers of Light, to instituting criminal or any other proceedings against him after he has invoked parliamentary immunity, which applies to any other proceedings where penalty of imprisonment may be pronounced.
The Grand Assembly of the Followers of Light may decide to apply immunity to a representative even if he himself has not invoked it when deemed necessary for the performance of his function.
Article 78
The Grand Assembly of the Followers of Light elects the President and Vice-President from among the representatives, for a one-year term.
The President represent the Grand Assembly of the Followers of Light and performs other affairs as provided by the Charter, the executive decisions of legitimate institutions of the Kinship and the standing orders.
The President of the Grand Assembly of the Followers of Light calls for the election for the representatives and for the members of the Grand Council of the Rising Sun.
Article 79
The Grand Assembly of the Followers of Light shall convene two times a year regularly.
The first regular session shall begin on the first weekend day in March and the second regular session shall begin on the first weekend day in October. A regular session may not exceed 30 days.
The Grand Assembly of the Followers of Light shall convene in extraordinary session upon the demand of not less than one third of the total number of representatives, or on the demand of the Ruling Council of the Followers of Light, with an agenda prepared in advance.
The Grand Assembly of the Followers of Light shall convene without being called in case of declaring a state of emergency in any part of the territory under the administration of the Kinship.
Article 80
The Grand Assembly of the Followers of Light shall reach decisions by majority vote in a session attended by the majority of the total number of representatives, unless a special majority is required by the Charter.
The right to introduce bills, other regulations or general enactments shall be vested in the Ruling Council of the Followers of Light, every representative, the assembly of the autonomous cities or no fewer than 1/6 of all members of the kinship voters.
Article 81
The Grand Assembly of the Followers of Light may decide that some issues within its competence shall be decided upon by members in a Kinship referendum.
The Grand Assembly of the Followers of Light shall be bound to rule on the demand for calling out a Kinship referendum that is submitted by not less than 1/4.
Article 82
The Grand Assembly of the Followers of Light shall regulate its work and organisation, as well as the way of putting into effect the rights and duties of the representatives.
The Grand Council of the Rising Sun
Article 83
The Grand Council of the Rising Sun:
1) Propose to the Grand Assembly of the Followers of Light a candidate for the post of Prime Minister after hearing the opinion of the representative of the majority in the Grand Assembly of the Followers of Light;
2) Propose to the Grand Assembly of the Followers of Light the candidates for the President and the Justices of the Tribunal of Honor and Conduct;
3) Promulgate the executive decisions of the legitimate institutions of the Kinship by ordinance;
4) Conduct affairs in the sphere of relations between the Kinship and other kinships and foreign organisations in accordance with executive decisions of the legitimate institutions of the Kinship;
5) Command the Protective Guard of the Followers of Light in peacetime and in war, and the popular resistance in war; order the general and partial mobilization; organize the preparations for defence in accordance with executive decisions of the legitimate institutions of the Kinship;
6) If the Grand Assembly of the Followers of Light is not in a position to meet and after obtaining an opinion from the Prime Minister, establish the fact of existence of an immediate danger of war or proclaim the state of war;
7) At his own initiative or at the proposal of the Ruling Council of the Followers of Light during a state of war or immediate danger of war, pass the enactments relating to questions falling within the competence of the Grand Assembly of the Followers of Light, provided his being bound to submit them to the Grand Assembly of the Followers of Light for approval as soon as it is in a position to meet. By way of the enactments promulgated during the state of war it shall be possible to restrict some freedoms and rights of members and other persons (diplomatic representatives and refuges), and to alter the organisation, composition and powers of the Ruling Council of the Followers of Light and of the Ministries, Tribunal of Honor and Conduct, and Kinship Charter Protectors;
8) At the proposal of the Ruling Council of the Followers of Light, if the security of the Kinship, the freedoms and rights of members and other persons (diplomatic representatives and refuges) or the work of Kinship bodies and institutions are threatened in a part of the territory under the administration of the Kinship, proclaim the state of emergency, and issue acts for taking measures required by such circumstances, in accordance with the Charter and executive decisions of the legitimate institutions of the Kinship;
9) Grant pardons;
10) Confer decorations and awards as provided for by executive decisions of the legitimate institutions of the Kinship;
11) Establish professional and other kinds of services to conduct affairs falling within its jurisdiction;
12) Conduct other affairs in accordance with the Charter.
Article 84
The Grand Council of the Rising Sun shall promulgate a executive decision by ordinance within seven days of its adoption in the Grand Assembly of the Followers of Light. Within this time the Grand Council of the Rising Sun may demand from the Grand Assembly of the Followers of Light to vote again on the executive decision.
The Grand Council of the Rising Sun shall be bound to promulgate if the executive decision is passed for the second time in the Grand Assembly of the Followers of Light.
Article 85
The Grand Council of the Rising Sun may request from the Ruling Council of the Followers of Light to state its viewpoints concerning some questions falling within its jurisdiction.
Article 86
The Grand Council of the Rising Sun shall be formed in the initial organizations of the Kinship and some members shell be elected in direct election and by secret ballot.
The term of office of the members of the Grand Council of the Rising Sun shall be one year.
The same person may be elected for Grand Council of the Rising Sun three times only.
The election for the members of the Grand Council of the Rising Sun must be held not later than 30 days before the expiry of the term of office of the members of the Grand Council of the Rising Sun whose term is expiring.
Upon assuming their office all members of the Grand Council of the Rising Sun must take the following oath before the Grand Assembly of the Followers of Light:
"We (or I depending of the case) swear that We/I shall devote all our/my forces to the preservation of sovereignty and integrity of the territory under the administration of the Kinship, to the realisation of members and general freedoms and rights, to the observance and defence of the Charter and the executive decisions of the legitimate institutions of the Kinship; to the preserving of peace and welfare of all the members of the Kinship and of all Children of Eru in Arda, and that We/I shall conscientiously and responsibly meet all our/my duties."
In the event of an immediate danger of war or state of war, the term of office of the elected members of the Grand Council of the Rising Sun shall be extended for the period this state lasts, and/or until the conditions are created which make possible the election of new members of the Grand Council of the Rising Sun.
The Grand Council of the Rising Sun may not engage in any other function or professional activity.
All the members of Grand Council of the Rising Sun shall enjoy immunity as a representative (in the Grand Assembly of the Followers of Light). The immunity of all members of the Grand Council of the Rising Sun shall be decided upon by the Grand Assembly of the Followers of Light.
Article 87
The term of office of elected members of the Grand Council of the Rising Sun shall cease before the expiry of their election period in the event of recall or their resignation.
If a member of the Grand Council of the Rising Sun submits his resignation, he shall inform accordingly the general public and the President of the Grand Assembly of the Followers of Light.
The term of office of that member of the Grand Council of the Rising Sun shall cease on the day of his resignation.
If the term of office of a member of the Grand Council of the Rising Sun ceases prior to the expiry of his or her election period, the election for a new member of the Grand Council of the Rising Sun must be held within 60 days from the termination of the term of office of that member of the Grand Council of the Rising Sun.
If the Grand Council of the Rising Sun is temporarily prevented from whatever cause to perform its function, its duties shall be assumed by the Kinship Charter Protectors.
The procedure of election and recall of members of the Grand Council of the Rising Sun shall be regulated by an executive decision of the legitimate institution of the Kinship.
Article 88
The Grand Council of the Rising Sun shall be responsible to the members of the Kinship.
If the Grand Assembly of the Followers of Light finds that the Grand Council of the Rising Sun has violated the Charter, it shall initiate the proceedings for assessment of its actions by the Tribunal of Honor and Conduct and the Kinship Charter Protectors, if 3/4 of the total number of representatives take the stand accordingly.
The assessment of decisions of the Grand Council of the Rising Sun shall be decided upon by direct and secret ballot by members of the Tribunal of Honor and Conduct and the Kinship Charter Protectors. The Grand Council of the Rising Sun decisions shall be recalled if the majority of the total number of members of the Tribunal of Honor and Conduct and the Kinship Charter Protectors vote in favour of the assessment.
If the members of the Tribunal of Honor and Conduct and the Kinship Charter Protectors do not vote in favour of the assessment the Grand Council of the Rising Sun, the Grand Assembly of the Followers of Light shall be dissolved.
Article 89
At the proposal of the Ruling Council of the Followers of Light containing justified grounds, the Grand Council of the Rising Sun may decide that the Grand Assembly of the Followers of Light should be dissolved.
With the dissolution of the Grand Assembly of the Followers of Light the mandate of the Ruling Council of the Followers of Light shall also be terminated.
In the event of the dissolution of the Grand Assembly of the Followers of Light, the election for a new Grand Assembly of the Followers of Light must be held within 60 days of its dissolution.
The Grand Assembly of the Followers of Light may not be dissolved during a state of war, an immediate threat of war or a state of emergency.
The Ruling Council of the Followers of Light
Article 90
The Ruling Council of the Followers of Light shall:
1) Conduct the policy of the Kinship and execute decisions, other regulations and general enactments of the Grand Assembly of the Followers of Light in accordance with the Charter;
2) Enact decrees, decisions and other acts necessary for the enforcement of executive decisions of the Grand Assembly of the Followers of Light;
3) Propose the development plan, urban and rural planning document, budget and the annual balance sheet;
4) Propose executive decisions, other regulations and general enactments;
5) Determine principles for the internal organisation of Ministries and other administrative bodies and special organisations; appoint and dismiss high-ranking officials in the Ministries and special organisations;
6) Guide and coordinate the work of Ministries and special organisations;
7) Effect supervision over the work of Ministries and special organisations; annual or abolish their regulations which are at variance with the laws and regulations enacted by the Ruling Council of the Followers of Light;
8) Express opinions relating to drafts of executive decisions and other regulations or general enactments submitted to the Grand Assembly of the Followers of Light by another bodies;
9) Establish professional and other kinds of services to discharge its duties;
10) Attend to other business in accordance with the Charter and executive decisions of legitimate institutions of the Kinship.
Article 91
The Ruling Council of the Followers of Light is composed of the Prime Minister, Deputy Prime Ministers and Ministers of Diplomacy, Commerce and Trade, and Interior and Exterior Security.
The Prime Minister and Deputy Prime Ministers of the Ruling Council of the Followers of Light or Ministers who are elected from among the representatives, shall keep their mandate of representative.
The organisation and method of work and decision - making of the Ruling Council of the Followers of Light shall be regulated by executive decision of the Grand Assembly of the Followers of Light and the standing orders.
The Prime Minister, Deputy Prime Ministers, and Ministers shall enjoy the immunity as representatives. The immunity of the Prime Minister, Deputy Prime Ministers and Ministers shall be decided upon by the Ruling Council of the Followers of Light.
Article 92
The candidate for the post of Prime Minister shall present his program and propose the list of Ministers of his Ruling Council of the Followers of Light to the Grand Assembly of the Followers of Light.
The Ruling Council of the Followers of Light shall be deemed elected if its election has been approved by vote of the majority of the total number of representatives.
After each constitution of a newly elected Grand Assembly of the Followers of Light, new Ruling Council of the Followers of Light shall be elected.
Article 93
The Ruling Council of the Followers of Light and each of its members shall be responsible for their work to the Grand Assembly of the Followers of Light.
The Grand Assembly of the Followers of Light may vote no confidence in the Ruling Council of the Followers of Light or in one of its members.
The proposal for a no confidence vote in the Ruling Council of the Followers of Light or in one of its members may be submitted by no fewer than 5 representatives.
A vote of no confidence in the Ruling Council of the Followers of Light may be held only three days after submitting the proposal to vote no confidence.
The Ruling Council of the Followers of Light may itself ask for a vote of confidence in the Grand Assembly of the Followers of Light.
The Prime Minister may propose to the Grand Assembly of the Followers of Light the dismissal of individual members of the Ruling Council of the Followers of Light.
The decision on dismissal of the Ruling Council of the Followers of Light or of any of its members shall be deemed adopted if it has been voted by the majority of the total number of representatives.
The Ruling Council of the Followers of Light and each of its members may submit their resignation to the Grand Assembly of the Followers of Light. The resignation or dismissal of the Prime Minister shall entail the resignation of the entire Ruling Council of the Followers of Light.
The Ruling Council of the Followers of Light which has been voted no confidence, which has resigned, or whose mandate has been revoked because of the dissolution of the Grand Assembly of the Followers of Light, shall remain in office until the election of a new Ruling Council of the Followers of Light.
Article 94
The affairs of the Kinship administration shall be conducted by Ministries.
The Ministries shall implement the executive decisions of the legitimate institutions of the Kinship an other regulations and general enactments of the Grand Assembly of the Followers of Light and the Ruling Council of the Followers of Light, as well as the general enactments of the Grand Council of the Rising Sun, shall decide in administrative matters, carry out supervision and attend to other administrative business as provided for by executive decisions of the legitimate institutions of the Kinship.
Ministers are independent in exercising their competence as specified by the Charter and executive decisions of the legitimate institutions of the Kinship.
For the carrying out of specific administrative affairs, departments shall be established within the Ministries, and special organisation shall be set up to attend to particular professional matters.
Organisation and competence of the Ministries, their departments and special organisations shall be established by executive decision of the legitimate institution of the Kinship.
Specific administrative powers may be entrusted by executive decision of the legitimate institution of the Kinship to enterprises and other organisations.
Tribunal of Honor and Conduct
Article 95
The Tribunal of Honor and Conduct protects the freedoms and rights of members and other persons (diplomatic representatives and refuges), rights and interests of individuals and legal entities established by executive decisions of legitimate institutions of the Kinship, and provide for the observance of constitutionality and legality.
Article 96
The Tribunal of Honor and Conduct is autonomous and independent in its work and shall adjudicate on the ground of the Charter, executive decisions of legitimate institutions of the Kinship, and other general enactments.
No one participating in adjudication shall be held responsible for an opinion expressed in the passing of a judgment, nor can anyone be detained in proceedings instituted due to a criminal or any other offence committed in performing judicial function without the approval of the Grand Assembly of the Followers of Light.
Article 97
Trial at the Tribunal of Honor and Conduct shall be public and performed on the Kinship’s forum.
For the purpose of preserving a secret, protecting morals and the interests of minors, or protecting other public interests, the executive decisions of a legitimate institution of the Kinship shall specify the cases in which the public may be excluded from a trial at the Tribunal of Honor and Conduct.
Article 98
Tribunal of Honor and Conduct shall adjudicate in a five-member chamber.
In matters specified by executive decisions, a single judge may decide upon specific cases.
Article 99
Trial at the Tribunal of Honor and Conduct shall be attended by judges, in a manner established by executive decision of the legitimate institution of the Kinship.
Article 100
A judge may not engage in a service or a job that is deemed by law to be incompatible with the judicial function.
Article 101
Judge shall have life tenure.
A judge's tenure of office shall terminate at his own request.
A judge may not be dismissed against his will, except when he or she has been convicted of a criminal or another high offence to an unconditional penalty of imprisonment in accordance of the Charter, or of a criminal or any other high offence which makes him or her unsuitable to perform judicial function, or when he or she performs his judicial function unprofessionally and unconscientiously, or when he or she has permanently lost the working capacity for performing judicial function.
The Tribunal of Honor and Conduct shall establish in accordance with executive decisions whether grounds exist for the termination of judge's tenure of office or for dismissal of a judge, and shall inform the Grand Assembly of the Followers of Light accordingly.
A judge may not be transferred to another post against his will.
Article 102
The organisation, establishment, jurisdiction, and composition of Tribunal of Honor and Conduct, and the procedure at the Tribunal of Honor and Conduct, shall be specified by executive decision of legitimate institutions of the Kinship.
The Tribunal of Honor and Conduct shall be the highest court in the Kinship.
Article 103
The Tribunal of Honor and Conduct shall be also be an independent Kinship’s institution which prosecutes the perpetrators of criminal or any other offences and other punishable acts specified by the Charter and the executive decisions of the legitimate institutions of the Kinship, and apples legal remedies in order to protect constitutionality and legality.
The Tribunal of Honor and Conduct shall perform its function on the ground of the Charter and executive decisions of the legitimate institutions of the Kinship.
The Tribunal of Honor and Conduct shall not be held responsible for an opinion expressed while performing its function declared to the Tribunal of Honor and Conduct by the Charter and executive decisions of the legitimate institutions of the Kinship.
Article 104
The Tribunal of Honor and Conduct shall perform the function of the Tribunal of Honor and Conduct within the jurisdiction of the territories under administration of the Kinship.
Article 105
Members of the Tribunal of Honor and Conduct may not engage in a service or take a job that are specified by executive decisions of legitimate institutions of the Kinship as incompatible with his function.
Article 106
There will be three offices of the Tribunal of Honor and Conduct located in the Capital City of Amdir and the Autonomous City of Ñillë and the Autonomous City of Terken.
Code of Conduct
Article 107
The Kinship of the Followers of Light shall have a Code of Conduct as a simpler and additional mean of the Charter.
The provisions of the Code of Conduct are going to be assembled by the Grand Council of the Rising Sun.
VI. TERRITORIAL ORGANISATION
The Autonomous City of Ñillë and the Autonomous City of Terken
Article 108
The Autonomous Cities have been formed in accordance with the particular geographical, historical, cultural, and other characteristics of their areas.
Members within the Autonomous Cities shall autonomously realize the rights and fulfil the duties established by the Charters and the executive decisions of the legitimate institutions of the Kinship.
The territory of Autonomous Cities shall be determined by an executive decision of the legitimate institution of the Kinship.
Article 109
The Autonomous Cities shall, through its own bodies:
1) Enact the program of economic, scientific, technological, demographic, regional and social development, development of agriculture and rural areas, in accordance with the development plan of the Kinship, and shall lay down measures for their implementation;
2) Adopt a budget and annual balance sheet;
3) Enact decisions and general enactments in accordance with the Charter and the executive decisions of the legitimate institutions of the Kinship, to regulate matters affecting the members in the Autonomous Cities in the areas of: culture; education; official use of the language and alphabet of the other races and groups; public information, health and social welfare; child welfare, protection and advancement of environment; urban and rural planning; and in other areas established by the executive decisions of the legitimate institutions of the Kinship;
4) Enforce laws, other regulations and general enactments of the Kinship, whose enforcement has been entrusted to the bodies of the Autonomous City, and pass regulations necessary for their enforcement if so provided by the executive decisions of the legitimate institutions of the Kinship; see to the execution of provincial decisions and general enactments;
5) Establish bodies, organisations and services of the Autonomous City, and regulate their organisation and work;
6) Attend to other business laid down under the Charter and the executive decisions of the legitimate institutions of the Kinship, as well as by the statute of the Autonomous City.
The Kinship may entrust by the executive decisions of the legitimate institutions of the Kinship an Autonomous City with the performance of specific affairs within its own competences and transfer to it the necessary funds for this purpose.
The Autonomous City shall collect revenues as laid down by the executive decisions of the legitimate institutions of the Kinship.
Article 110
The statute is the highest legal act of the Autonomous City that, on the ground of the Charter, shall lay down the competences of the Autonomous City, election, organisation and work of its bodies, and other questions pertaining to the Autonomous City.
The statute of the Autonomous City shall be enacted by its Assembly, subject to prior approval of the Grand Assembly of the Followers of Light.
Deputies in the Assembly of an Autonomous City shall not be held responsible for an opinion expressed or for casting a vote in the Assembly of the Autonomous City. The same immunity shall be enjoyed by the members of the Executive Council of the Autonomous City.
Article 111
The bodies of the Autonomous City shall be its Assembly, Executive Council, and Bodies of Administration.
The Assembly of an Autonomous City shall be composed of deputies elected in direct election by secret ballot.
Article 112
If a body of an Autonomous City, despite a warning of the corresponding Kinship institution, fails to execute a decision or a general enactment of the Autonomous City, the Kinship institution may provide for its direct execution.
The Municipality
Article 113
The municipality as a specific section of a city shall, through its bodies, and in accordance with the Charter, statutes and decisions of legitimate institutions of the Kinship:
1) Enact development program, urban and rural plan of the section, budget, and annual balance sheet;
2) Regulate and provide for performing and development of the municipal activities;
3) Regulate and provide for the use of urban construction sites and business premises;
4) Take care of construction, maintenance and use of local network of roads and streets, and other public facilities of public interest;
5) Take care of meeting specific needs of members in the areas of: culture; education; health and social welfare; child welfare, physical culture; public information; handicrafts; tourist trade and catering services; protection and advancement of environment, and in other areas of direct interest for the members;
6) Execute decisions, other regulations and general enactments of the legitimate institutions of the Kinship whose execution is entrusted to the municipality; provides for the execution of regulations and general enactment of the municipality;
7) Establish bodies, organisations, and services to meet the need of the municipality and regulate their organisation and work;
8) Attend to other business as established by the Charter and the executive decisions of the legitimate institutions of the Kinship, as well as by the statute of the municipality.
The system of local self-government shall be regulated by the executive decision of the legitimate institution of the Kinship.
The Kinship may entrust by a special decision the performance of some affairs to a specific municipality, and transfer to it resources necessary thereof.
Article 114
The municipality shall be entitled to revenues, as established by decisions of the legitimate institutions of the Kinship, for administering the affairs spelled out by the Charter and executive decisions of the legitimate institutions of the Kinship.
To meet the needs of members in the municipality, funds may be collected on the ground of direct taking stand of members, and in accordance with executive decisions of the legitimate institutions of the Kinship.
Article 115
The municipality shall have its statute by which, on the ground of the Charter, affairs in the municipality shall be regulated as well as the organisation and work of the municipality, including other questions of interest to the municipality.
The statute shall be enacted by the municipal assembly.
Article 116
The affairs of the municipality shall be decided upon by members in a referendum, and through their representatives in the municipal assembly.
The municipal assembly shall be composed of councillors elected in direct election by secret ballot with a six-month mandate.
Article 117
It may be established by executive decisions of legitimate institutions of the Kinship that a municipality becomes a separate town from the city, comprising in its territory two or more smaller municipalities.
A statute of a city may determine which affairs shall be administered by the city and which by its municipalities.
The Capital City of Amdir
Article 118
The Capital City of Amdir shall administer the affairs of the capital centre as established by the Charter, and the affairs entrusted to it by the Kinship within the framework of the Kinship’s rights and duties.
The territory of the Capital City of Amdir shall be established by the executive decision of the legitimate institution of the Kinship.
The Capital City of Amdir shall collect revenues as established by the executive decision concerning the Capital City, as well as resources set apart for administering entrusted affairs within the framework of rights and duties of the Kinship.
The Capital City of Amdir shall have its statute by which it is determined what affairs have to be performed by the Capital City of Amdir, and what by municipality within its framework, the organisation and work of the bodies of the Capital City, as well as other questions of interest to the Capital City of Amdir.
The statute of the Capital City of Amdir shall be enacted by the Assembly of the Capital City of Amdir.
The Assembly of the Capital City of Amdir shall be composed of councillors elected in direct election by secret ballot.
VII. GUARANTEES OF CONSTITUTIONALITY
Constitutionality and Legality
Article 119
An executive decisions, other regulation or general enactment must be in conformity with the Charter.
A regulation and other general enactment of the Kinship institution must be in conformity with the executive decisions.
Any other regulation and general enactment must be in conformity with the executive decisions and other Kinship legislation.
Article 120
An executive decision, other regulation or general enactment shall enter into force no earlier than on the eighth day from the day of its creation, unless, for particularly justified grounds, it is provided that it enters into force earlier.
An executive decision, other regulation or general enactment shall have no retroactive effect.
If so required by public interest as established in the procedure of enactment of the executive decisions, it may be provided solely by the executive decision that some of its provisions shall have a retroactive effect.
Punishable offences shall be prescribed and punishments for their commission pronounced according to the Charter, made executive decisions and/or other regulation which was in force at the time of the commission of the offence, unless the new executive decision and/or regulation is more favourable for the perpetrator.
Article 122
Kinship institutions and organisations exercising public powers may decide in individual cases on rights and duties of members or, on the ground of an executive decision, apply coercive measures and restrictions, only in a procedure prescribed by Charter and made executive decisions, in which everyone is provided the opportunity to defend his or her rights and interests and to appeal against the issued act and/or apply any other legal remedy determined by the Charter and the made executive decisions.
Article 123
Unfamiliarity with the language of proceedings in course shall not be an impediment for the exercise of the rights and interests of members.
In the proceedings before a court or other Kinship institution or organisation which, while exercising public powers, rules on his or her rights and duties, each person shall be guaranteed the right to use his or her own language and to familiarize himself or herself with the facts of the proceedings in his or her own language.
Article 124
An appeal may be lodged with a competent institution against the rulings and other individual acts of judicial, administrative and other Kinship institutions, as well as such acts issued by institutions and organisations exercising public powers in the first instance.
By way of exception, in particular cases, an appeal may be disallowed by an executive decision if the right to legal remedy and protection of legality have been secured in some other way.
The legality of finally-binding individual acts by which Kinship institutions and organisations exercising public powers decide on rights and duties, shall be decided upon by the Tribunal of Honour and Conduct in the administrative dispute proceedings, unless other kind of judicial protection has been provided for the specific matter.
By way of exception, the administrative dispute proceedings may be excluded by an executive decision in specific kinds of administrative matters.
The Kinship Charter Protectors
Article 125
The Kinship Charter Protectors shall decide on:
1) Conformity of executive decisions, statutes of autonomous cities, other regulations and general enactments with the Charter;
2) Conformity of regulations and general enactments of the Kinship institutions with made executive decisions;
3) Conformity of all other regulations, individual agreements as general enactments, and other general enactments with the made executive decisions and other Kinship regulations;
4) Conflict of jurisdictions between the Tribunal of Honour and Conduct and other institutions;
5) Conformity of a statute or other general enactment of a interest group or other interest organisation with the Charter and executive decisions;
6) The banning of a interest group or other interest organisation;
7) Electoral disputes which are not within the competence of the Tribunal of Honour and Conduct and other Kinship institutions.
The Kinship Charter Protectors shall assess constitutionality of executive decisions made by legitimate institutions of the Kinship and the constitutionality and legality of regulations and other general enactments that are no longer in force, if no more than six months has elapsed after the termination of their validity and the initiating of the proceedings.
Article 126
The Kinship Charter Protectors shall have three members.
The tenure of office of a member of the Kinship Charter Protectors shall be for life.
The First among equal of the Kinship Charter Protectors shall be elected from among the members for a two-year term and may not be re-elected to the same office immediately after the end of his first mandate as the First.
A member of the Kinship Charter Protectors may not engage in another public function or professional activity.
A member of the Kinship Charter Protectors shall enjoy the same immunity as a representative (of the Grand Assembly of the Followers of Light).
The immunity of a Kinship Charter Protectors member shall be decided upon by the Kinship Charter Protectors.
Article 127
A member of the Kinship Charter Protectors shall terminate his or her office at his or her own request. A member of the Kinship Charter Protectors shall be dismissed from duty if he or she is convicted of a criminal offence to an unconditional penalty of imprisonment, or if he has permanently lost the ability to discharge the function of a member of the Kinship Charter Protectors.
The Kinship Charter Protectors shall notify the Grand Assembly of the Followers of Light on the existence of grounds for the termination of the office and/or dismissal of a member of the Kinship Charter Protectors.
The Kinship Charter Protectors may decide that a member of the Kinship Charter Protectors who has been indicted in the criminal proceedings should not discharge his or her duty while the proceedings are in progress.
Article 128
Everyone may initiate the proceedings of assessing the constitutionality and legality.
Proceedings before the Kinship Charter Protectors shall be initiated by Kinship institutions, while other bodies and organisations may initiate such proceedings after finding that their rights and interests have been directly violated by the act whose constitutionality and legality are being challenged.
The Kinship Charter Protectors may itself initiate the proceedings for assessing the constitutionality and legality.
Article 129
The Kinship Charter Protectors shall adjudicate by the majority vote cast by the members.
A decision of the Kinship Charter Protectors shall be binding and executable.
In case of need, the enforcement of a Kinship Charter Protectors decision shall be assured by the Ruling Council of the Followers of Light.
Article 130
When the Kinship Charter Protectors has established that an executive decision, the statute of an autonomous city, other regulation or general enactment are not in conformity with the Charter, such executive decision, statute of the autonomous city, other regulation or general enactment shall cease to be valid as of the day of decision making of the Kinship Charter Protectors.
When the Kinship Charter Protectors has established that a regulation or other general enactment of a Kinship institution, or other regulation or general enactment are not in conformity with the executive decisions, such regulation or general enactment shall cease to be valid as of the day of decision making of Kinship Charter Protectors.
Article 131
Procedure before the Kinship Charter Protectors and the legal effect of its decisions shall be regulated by a special executive decision.
The Kinship Charter Protectors shall regulate their own organisation.
Amending the Charter
Article 132
A proposal to amend the Charter may be submitted by at least 1/5 of members, or at least 9 representatives, by the Grand Council of the Rising Sun, or by the Ruling Council of the Followers of Light.
A proposal to amend the Charter shall be decided upon by the Grand Assembly of the Followers of Light by a 3/4 majority of the total number of representatives.
Article 133
The Grand Assembly of the Followers of Light shall adopt the act on amending the Charter by a 3/4 majority of the total number of representatives and shall have it endorsed at a Kinship referendum.
The act on amending the Charter shall be considered as finally adopted if more than one half of the total number of members had voted in favour at the Kinship referendum.
The act on amending the Charter shall be promulgated by the Grand Council of the Rising Sun.
Article 134
A constitutional resolution shall be enacted for the enforcement of the amendments to the Charter.
The constitutional resolution shall be adopted by the Grand Council of the Rising Sun by a 3/4 majority of the total number of representatives.
The constitutional resolution for the enforcement of the amendments to the Charter shall be promulgated by the Grand Council of the Rising Sun.
The constitutional resolution shall come into force simultaneously with the amendments to the Charter.
VIII. CONCLUDING PROVISION
Article 135
The presented Charter shall come into force on the day of its promulgation.