On the Approval of the Constitution of the Autonomous Republic of Ajara

 

ORGANIC LAW OF GEORGIA

ON THE APPROVAL OF THE CONSTITUTION OF THE AUTONOMOUS REPUBLIC OF AJARA

 

Article 1

The Constitution of the Autonomous Republic of Ajara adopted by the Supreme Council of the Autonomous Republic of Ajara on 20 February 2008 shall be hereby approved.

Article 2

This Law shall enter into force on 4 August 2008.

President of Georgia                                                              M. Saakashvili

Tbilisi

15 July 2008

No 232 – რს

 

Constitution of the Autonomous Republic of Ajara

The Autonomous Republic of Ajara, guided by the Constitution of Georgia, its fundamental principles and common human values, enacts the Constitution of the Autonomous Republic of Ajara.

 

Chapter I – General Provisions

 

Article 1 – Status of the Autonomous Republic of Ajara

1. The Autonomous Republic of Ajara is an integral territorial unit of Georgia.

2. The Autonomous Republic of Ajara comprises the territory within the administrative boundaries existing at the time of the adoption of the Constitutional Law of Georgia on the Autonomous Republic of Ajara.

3. The administrative boundaries of the Autonomous Republic of Ajara may be changed on the initiative of the Supreme Council of the Autonomous Republic of Ajara under the Organic Law of Georgia. A decision of the Supreme Council of the Autonomous Republic of Ajara concerning the above initiative shall be made by a majority of at least two thirds of the total number of its members.

4. State authorities and local self-government bodies established under the legislation of Georgia shall operate in the territory of the Autonomous Republic of Ajara.

5. The Constitution of the Autonomous Republic of Ajara is a basic law of the Autonomous Republic of Ajara. All other legal acts of the Autonomous Republic of Ajara shall comply with the Constitution of the Autonomous Republic of Ajara.

 

Article 2 – State authorities of the Autonomous Republic of Ajara

1. State authorities of the Autonomous Republic of Ajara are:

a) the Supreme Council of the Autonomous Republic of Ajara;

b) the Government of the Autonomous Republic of Ajara;

c) a Ministry of the Autonomous Republic of Ajara;

d) the Supreme Election Commission of the Autonomous Republic of Ajara;

e) a state subordinate agency of a Ministry of the Autonomous Republic of Ajara.

2. The Autonomous Republic of Ajara shall have the right to establish legal entities under public law and legal entities under private law in accordance with the legislation of Georgia.

 

Article 3 – Administrative centre of the Autonomous Republic of Ajara

The city of Batumi is the administrative centre of the Autonomous Republic of Ajara.

 

Article 4 – Symbols of the Autonomous Republic of Ajara

1. The flag of the Autonomous Republic of Ajara is a rectangular piece of fabric with 2:3 ratio. It displays seven horizontal stripes: stripes 1-3-5-7 are sky-blue, and stripes 2-4-6 are white. The flag bears the flag of the State of Georgia in the upper right angle. The image of the flag of the Autonomous Republic of Ajara is attached to this Constitution.

2. The coat of arms of the Autonomous Republic of Ajara is a heraldic shield divided by a wavy line and bears a small heraldic shield in the centre. On the red field of the small heraldic shield an image of Saint George is depicted mounted on a silver horse, with a golden halo and with a silver lance, with a golden cross affixed to the staff and impaling a silver dragon. The upper part of the shield displays a golden castle on a green field. The lower part of the shield displays three gold coins, two on top of one, on a sky-blue field. The image of the coat of arms of the Autonomous Republic of Ajara is attached to this Constitution.

3. The flag and the coat of arms of the Autonomous Republic of Ajara shall be used as provided for by the legislation of Georgia and the Autonomous Republic of Ajara.

 

Chapter II – Powers, Finances and Property of the Autonomous Republic of Ajara

 

Article 5 – Powers of the Autonomous Republic of Ajara

1. The powers of the Autonomous Republic of Ajara are determined by the Constitution of Georgia, the Constitutional Law of Georgia on the Autonomous Republic of Ajara, the Constitution of the Autonomous Republic of Ajara, and other legislative acts of Georgia and the Autonomous Republic of Ajara.

2. The exclusive powers of the Autonomous Republic of Ajara shall be as follows:

a) adoption of the laws and other normative acts of the Autonomous Republic of Ajara;

b) determination of the structure, powers, and the procedure for the activity of the Government of the Autonomous Republic of Ajara;

c) development and implementation of a budget policy of the Autonomous Republic of Ajara, adoption of a budget law of the Autonomous Republic of Ajara and supervision over its execution according to the procedure established by the legislation of Georgia and the Autonomous Republic of Ajara;

d) management and administration of the property of the Autonomous Republic of Ajara according to the procedure established by the legislation of Georgia and the Autonomous Republic of Ajara;

e) management and administration of land, forest and water resources owned by the Autonomous Republic of Ajara according to the procedure established by the legislation of Georgia and the Autonomous Republic of Ajara;

f) spatial and territorial planning and development of the Autonomous Republic of Ajara according to the procedure established by the legislation of Georgia and the Autonomous Republic of Ajara;

g) management of motor roads and other infrastructure of importance for an autonomous republic;

h) establishment, management and support of educational, scientific, arts and sports institutions of importance for an autonomous republic;

i) determination and granting of awards and honorary titles of the Autonomous Republic of Ajara according to the procedure established by the legislation of Georgia and the Autonomous Republic of Ajara;

j) management of the Archive Service of the Autonomous Republic of Ajara.

3. The Autonomous Republic of Ajara shall exercise other powers in the areas of economics, agriculture, tourism, health and social protection, education, culture, sports and youth policy, and environmental protection, which, according to the legislation of Georgia, do not fall within the exclusive powers of the state authority or the exclusive powers of the local self-government, and the exercise of which is not excluded from the scope of powers of the Autonomous Republic of Ajara under the legislation of Georgia.

4. The Autonomous Republic of Ajara shall exercise the powers delegated by the State under law.

 

Article 6 – Financial autonomy and property of the Autonomous Republic of Ajara

1. The Autonomous Republic of Ajara shall enjoy financial autonomy within the limits established by the legislation of Georgia.

2. The Autonomous Republic of Ajara has its property, and the procedure for the formation of this property shall be determined by the legislation of Georgia.

 

Article 7 – Budget of the Autonomous Republic of Ajara

1. The Supreme Council shall annually adopt a Law on the Budget of the Autonomous Republic of Ajara by a majority of the total number of its members.

2. Only the Chairperson of the Government shall be entitled to submit to the Supreme Council a draft budget of the Autonomous Republic of Ajara. The Chairperson of the Government shall submit to the Supreme Council a draft budget for the following budget year not later than 2 months before the end of a budget year. A progress report of the Government on the execution of the budget of the current year shall be submitted to the Supreme Council together with a draft law on the budget. The Government shall submit to the Supreme Council an annual report on the execution of the budget not later than 3 months after the end of the budget year.

3. Amending a draft law on the budget shall be inadmissible without the consent of the Chairperson of the Government. The Chairperson of the Government may request that the Supreme Council meets additional expenses if he/she indicates the sources for covering those expenses.

4. The Supreme Council may adopt a draft law that increases the budgetary expenditures, reduces the revenues, or introduces new financial obligations for the Autonomous Republic of Ajara for the current budget year, only with the consent of the Chairperson of the Government, whereas a draft law related to the following budget year may be adopted with the consent of the Chairperson of the Government or within the framework of the Basic Data and Directions Document submitted by the Chairperson of the Government to the Supreme Council.

5. If the Supreme Council does not adopt a budget by the beginning of a new budget year, expenses shall be covered in accordance with the procedures established by law, based on the budget of the previous year.

6. A reduction of the funds allocated for the Supreme Council in the budget, as compared to the amount budgeted for the previous year, shall be possible only with the prior consent of the Supreme Council.

7. A law on the budget shall be signed and promulgated by the Chairperson of the Government of the Autonomous Republic of Ajara as provided for by Article 19 of the Constitution of the Autonomous Republic of Ajara.

8. The procedure for drawing up and reviewing a budget of the Autonomous Republic of Ajara shall be determined by the legislation of Georgia and the Autonomous Republic of Ajara.

 

Chapter III – Supreme Council of the Autonomous Republic of Ajara

 

Article 8 – Status of the Supreme Council

1. The Supreme Council of the Autonomous Republic of Ajara is the supreme representative body of the Autonomous Republic of Ajara, which, within the scope of authority of the Autonomous Republic of Ajara, carries out legislative activities, controls the Government of the Autonomous Republic of Ajara, and exercises other powers determined by the legislation of Georgia and the Autonomous Republic of Ajara.

2. The internal organisation and procedure for the activity of the Supreme Council shall be determined by the Constitution of the Autonomous Republic of Ajara and the Rules of Procedure of the Supreme Council. The Rules of Procedure of the Supreme Council shall be adopted by the Supreme Council by a majority of the total number of its members based on the initiative of a member, a committee, or a faction of the Supreme Council. The Rules of Procedure shall have the force of law of the Autonomous Republic of Ajara and shall be signed and promulgated by the Chairperson of the Supreme Council.

 

Article 9 – Elections of the Supreme Council

1. The Supreme Council shall be composed of 21 deputies elected through a proportional electoral system for a term of 4 years on the basis of universal, free, equal and direct suffrage, by secret ballot, by the citizens of Georgia having the electoral right, who are registered in the territory of the Autonomous Republic of Ajara.

2. Regular elections of the Supreme Council shall be held on the last Saturday of October of the calendar year, in which the term of office of the Supreme Council expires. If martial law is declared, or a state of emergency is declared in the entire territory of Georgia or in the territory of the Autonomous Republic of Ajara, the elections of the Supreme Council shall be held within 60 days after the state of emergency or martial law has been revoked. Elections shall be called by the President of Georgia according to the procedure established by the Organic Law of Georgia not later than the 60^th day before the elections.

3. Any citizen of Georgia having the electoral right, who has attained the age of 25 and who has lived in Georgia for at least 5 years, may be elected as a member of the Supreme Council. A person who has been sentenced to imprisonment by a court judgment shall not be elected as a member of the Supreme Council.

4. (Deleted – 17.7.2020, No 7066).

5. The procedure for the election of the Supreme Council shall be determined by the legislation of Georgia and the Autonomous Republic of Ajara.

6. The Supreme Election Commission of the Autonomous Republic of Ajara shall draw up the summary protocol of the elections of the Supreme Council as provided for by the legislation of Georgia and the Autonomous Republic of Ajara.

Organic Law of Georgia No 7066 of 17 July 2020 – website, 20.7.2020

 

Article 10 – First meeting of the Supreme Council

1. The first meeting of a newly elected Supreme Council shall be held not later than 1 month after the elections and it shall be convened by the President of Georgia.

2. The first meeting of the Supreme Council shall open if a majority of the total number of the members of the Supreme Council is present. The powers of the previous Supreme Council shall be terminated from this moment. The Supreme Council shall acquire full powers, once the powers of at least two thirds of the members of the Supreme Council are acknowledged.

 

Article 11 – Member of the Supreme Council of the Autonomous Republic of Ajara

1. A member of the Supreme Council of the Autonomous Republic of Ajara shall enjoy a free mandate and shall not be recalled.

2. A member of the Supreme Council shall have the right not to testify about facts disclosed to him/her in his/her capacity as a member of the Supreme Council.

3. The conditions for unhindered exercise of the powers of a member of the Supreme Council shall be ensured.

4. A member of the Supreme Council shall not have the right to hold any office in civil service or to be engaged in entrepreneurial activities. A member of the Supreme Council may be engaged in public activities. A member of the Supreme Council may be engaged in academic, pedagogical and artistic activities, unless such activities involve the performance of administrative functions.

5. Issues of the recognition or early termination of powers of a member of the Supreme Council shall be decided by the Supreme Council. The decision of the Supreme Council may be appealed to a court according to the procedure established by the legislation of Georgia.

6. The powers of a member of the Supreme Council shall be terminated early if he/she:

a) submits to the Supreme Council a personal application for terminating his/her powers;

b) holds a position incompatible with his/her status or is engaged in an incompatible activity;

c) fails to attend without good reason more than half of the regular sittings during a regular session;

d) has been convicted by a court judgment that has entered into legal force;

e) has been recognised as a beneficiary of support by a court decision and admitted to a respective inpatient care facility, or has been recognised as missing or declared dead by a court;

f) dies;

g) loses citizenship of Georgia;

h) is subject to the termination of his/her powers by a decision of the Constitutional Court of Georgia.

7. The procedure for early termination of powers of a member of the Supreme Council of the Autonomous Republic of Ajara is determined by the Rules of Procedure of the Supreme Council.

8. A member of the Supreme Council of the Autonomous Republic of Ajara shall receive remuneration determined by the legislation.

 

Article 12 – Chairperson and Deputy Chairperson of the Supreme Council

1. The Supreme Council shall elect the Chairperson and the Deputy Chairperson of the Supreme Council of the Autonomous Republic of Ajara for its term of office by a majority of the total number of its members, by secret ballot and in accordance with its Rules of Procedure.

2. The Chairperson of the Supreme Council shall be in charge of the work of the Supreme Council, ensure the free expression of opinions, sign the legal acts adopted by the Supreme Council, and exercise other powers determined by the Rules of Procedure. The Chairperson of the Supreme Council shall perform full administrative functions in the building of the Supreme Council as provided for by the Rules of Procedure.

3. The Deputy Chairperson of the Supreme Council shall perform the duties of the Chairperson in his/her absence or in other cases provided for by the legislation, as well as act under the individual instructions of the Chairperson.

 

Article 13 – Bureau, committees and factions of the Supreme Council

1. To organise the work of the Supreme Council, the Bureau of the Supreme Council shall be established and shall be composed of the Chairperson of the Supreme Council, the Deputy Chairperson of the Supreme Council, and the Chairpersons of the committees of the Supreme Council and of the factions of the Supreme Council.

2. Committees shall be established in the Supreme Council to prepare legislative issues beforehand, to facilitate the implementation of decisions, and to exercise control over the activities of the bodies accountable to the Supreme Council.

3. Members of the Supreme Council may join a faction of the Supreme Council in accordance with the procedures established by the Rules of Procedure. The number of faction members shall not be fewer than three. Members of the Supreme Council elected following their nomination by one political party may form only one faction. The procedures for the formation and activity of factions of the Supreme Council, and their rights, shall be determined by the Rules of Procedure of the Supreme Council.

 

Article 14 – Temporary commission of the Supreme Council

1. A temporary commission shall be established in the Supreme Council in the cases provided for by the Rules of Procedure of the Supreme Council.

2. The factions of the Supreme Council shall be represented in a temporary commission by at least one member. The representation of opposition in the temporary commission shall not be less than half of the total number of the commission members.

3. At the request of the temporary commission, the attendance at its meetings and the submission of all documents and information necessary to examine the issue shall be mandatory for the representatives of the bodies of the Autonomous Republic of Ajara.

 

Article 15 – Questions and interpellations by a member of the Supreme Council

1. A member of the Supreme Council shall be entitled to appeal with a question to the Government of the Autonomous Republic of Ajara, a member of the Government, other bodies accountable to the Supreme Council, and state and local self-government bodies operating in the territory of the Autonomous Republic of Ajara. Providing a timely and full response to a question posed by a member of the Supreme Council is mandatory.

2. A faction of the Supreme Council – a group of at least three members of the Supreme Council – shall have the right to pose a question through interpellation to the Government of the Autonomous Republic of Ajara, another body accountable to the Supreme Council, or a member of the Government, who are obliged to answer questions at the sittings of the Supreme Council. The answer may become a subject of discussion by the Supreme Council.

 

Article 16 – Sessions and sittings of the Supreme Council

1. The Supreme Council shall meet in its official capacity for a regular session twice a year. The spring session shall open on the first Tuesday of March and close on the third Thursday of June. The autumn session shall open on the first Tuesday of September and close on the third Thursday of December.

2. During the period between sessions, the Chairperson of the Supreme Council shall convene an extraordinary session of the Supreme Council upon the written request of the Chairperson of the Government of the Autonomous Republic of Ajara, of at least one third of the members of the Supreme Council, or on his/her own initiative, as well as convene an extraordinary sitting in the course of a regular session. Unless an act summoning the Supreme Council is issued within 48 hours of a written request, the Supreme Council shall meet within the following 48 hours in accordance with its Rules of Procedure. In such case, the Deputy Chairperson of the Supreme Council shall chair the sitting of the Supreme Council.

3. A list of issues to be discussed shall be attached to a written request for convening an extraordinary session or sitting.

4. An extraordinary session or sitting of the Supreme Council shall be held only based on the agenda determined by the initiator and shall close once the agenda has been exhausted.

5. Sittings of the Supreme Council shall be public. By the decision of a majority of attendees, but with not less than one third of the total number of its members, the Supreme Council may declare a sitting or part of a sitting closed when discussing certain issues. A decision to close a sitting in whole or in part shall be discussed and made behind closed doors. The minutes of open sittings of the Supreme Council shall be public.

6. Voting at a sitting of the Supreme Council shall be open or secret. Voting shall be open except in cases provided for by the Constitution or legislative acts of the Autonomous Republic of Ajara.

7. An official appointed by the Supreme Council or with its participation shall be entitled and, upon request, obliged to attend sittings of the Supreme Council, its committees and commission, to provide answers to questions raised during the sitting, and to submit a report of activities performed. The Supreme Council, a committee or a commission shall hear such an official immediately upon request.

 

Article 17 – Powers of the Supreme Council

The Supreme Council of the Autonomous Republic of Ajara shall:

a) adopt the Constitution of the Autonomous Republic of Ajara and other laws of the Autonomous Republic of Ajara;

b) approve the Government of the Autonomous Republic of Ajara;

c) be entitled to pass a vote of no-confidence in the Government of the Autonomous Republic of Ajara by a majority of the total number of its members;

d) determine the awards and honorary titles of the Autonomous Republic of Ajara;

e) exercise other powers provided for by the Constitution of Georgia, the Constitutional Law of Georgia on the Autonomous Republic of Ajara, the legislation of Georgia, the Constitution of the Autonomous Republic of Ajara, and the legislation of Georgia and the Autonomous Republic of Ajara.

 

Article 18 – Law making and procedures for decision-making

1. The Chairperson of the Government of the Autonomous Republic of Ajara, a member of the Supreme Council, a committee of the Supreme Council, a faction of the Supreme Council, and not less than 2 000 voters registered in the territory of the Autonomous Republic of Ajara, shall have the right of legislative initiative in the Supreme Council of the Autonomous Republic of Ajara.

2. A law of the Autonomous Republic of Ajara shall be considered adopted if it is supported by a majority of the members of the Supreme Council present, but with at least one third of the total number of its members, unless another procedure for the adoption of laws is determined by this Constitution.

3. Other decisions of the Supreme Council shall be considered adopted if they are supported by a majority of the members of the Supreme Council present, but with at least one third of the total number of its members, unless another procedure for the adoption of a decision is determined by the legislation.

 

Article 19 – Signature and promulgation of a law

1. A law passed by the Supreme Council of the Autonomous Republic of Ajara shall be submitted to the Chairperson of the Government of the Autonomous Republic of Ajara for signature and promulgation within 5 days.

2. A law of the Autonomous Republic of Ajara, except for the Constitution of the Autonomous Republic of Ajara, shall be signed and promulgated by the Chairperson of the Government of the Autonomous Republic of Ajara within 10 days or returned to the Supreme Council with remarks.

3. If the Chairperson of the Government of the Autonomous Republic of Ajara returns a law with remarks, the Supreme Council shall put to a vote the remarks of the Chairperson of the Government of the Autonomous Republic of Ajara. The adoption of the remarks requires the same number of votes as for the initial adoption of the law. If the remarks are adopted, the final version of the law shall be submitted to the Chairperson of the Government of the Autonomous Republic of Ajara within 5 days, who shall sign and promulgate the law within 5 days.

4. If the Supreme Council rejects the remarks of the Chairperson of the Government of the Autonomous Republic of Ajara, the initial version of the law shall be put to a vote. The initial version of the law shall be considered adopted if supported by a majority of the total number of the members of the Supreme Council. The final version of the law adopted by the Supreme Council shall be submitted to the Chairperson of the Government of the Autonomous Republic of Ajara within 5 days, who shall sign and promulgate the law within 5 days.

5. If the Chairperson of the Government of the Autonomous Republic of Ajara does not sign a law within the time frame determined by paragraph 2 of this article or returns it to the Supreme Council with justified remarks, or does not sign and promulgate the law within the time frame determined by paragraph 3 or 4 of this article, the Chairperson of the Supreme Council shall sign and promulgate the law within 5 days after this time frame expires.

6. A law shall enter into force on the 10^th day after its promulgation in the official body, unless another date is established by the same law.

 

Article 20 – Termination of powers of the Supreme Council

1. The powers of the Supreme Council of the Autonomous Republic of Ajara shall be terminated upon the recognition of powers of a newly elected Supreme Council or upon the entry into force of an edict of the President of Georgia on dismissing the Supreme Council.

2. In the case of dismissal of the Supreme Council, the powers of the Supreme Council and of the Government of the Autonomous Republic of Ajara shall be exercised by the Provisional State Council established by the President of Georgia. The powers of the Provisional State Council shall be terminated upon the recognition of powers of a newly elected Supreme Council.

3. A law adopted by the Provisional State Council must be approved by the Supreme Council within 1 month after the recognition of powers of the Supreme Council. If the Supreme Council does not approve the law within the above time frame, the law shall be considered invalidated.

4. In the case of dismissal of the Supreme Council, extraordinary elections shall be held not earlier than the 60^th day and not later than the 90^th day after the dismissal. Extraordinary elections of the Supreme Council shall be called by the President of Georgia not later than the 60^th day before the elections.

 

Chapter IV – Government of the Autonomous Republic of Ajara

 

Article 21 – Government of the Autonomous Republic of Ajara

1. The Government of the Autonomous Republic of Ajara is the supreme executive body of the Autonomous Republic of Ajara.

2. The Government shall be accountable to the President of Georgia, the Government of Georgia, and the Supreme Council of the Autonomous Republic of Ajara.

3. The Government shall consist of the Chairperson and ministers.

4. A member of the Government shall not have the right to hold any other office except in a political party, to be engaged in entrepreneurial activities, or to receive remuneration for any other activity, except for academic, pedagogical or artistic activities.

5. The structure, powers and the procedure for the activity of the Government shall be determined by the Constitution of the Autonomous Republic of Ajara and a law of the Autonomous Republic of Ajara, the draft of which shall be submitted to the Supreme Council by the Chairperson of the Government of the Autonomous Republic of Ajara.

 

Article 22 – Chairperson of the Government of the Autonomous Republic of Ajara

1. The Chairperson of the Government of the Autonomous Republic of Ajara is the senior official of the Autonomous Republic of Ajara and represents the Autonomous Republic of Ajara.

2. The Chairperson of the Government of the Autonomous Republic of Ajara shall:

a) head the Government of the Autonomous Republic of Ajara;

b) appoint and may dismiss the ministers of the Autonomous Republic of Ajara according to the procedure established by law;

c) administer the property of the Autonomous Republic of Ajara according to the procedure established by the legislation of Georgia and the Autonomous Republic of Ajara;

d) submit a draft budget of the Autonomous Republic of Ajara to the Supreme Council of the Autonomous Republic of Ajara;

e) coordinate and control the activities of the ministers;

f) sign the legal acts of the Government;

g) issue individual legal acts – orders – within the scope of his/her authority and fulfil full administrative functions in the building of the Government;

h) exercise other powers provided for by the Constitutional Law of Georgia on the Autonomous Republic of Ajara, the Constitution of the Autonomous Republic of Ajara, and the legislation of Georgia and the Autonomous Republic of Ajara.

3. The Chairperson of the Government of the Autonomous Republic of Ajara shall be accountable for the activities of the Government of the Autonomous Republic of Ajara to the President of Georgia, the Government of Georgia, and the Supreme Council of the Autonomous Republic of Ajara. Once a year, the Chairperson of the Government of the Autonomous Republic of Ajara shall submit to the Supreme Council a report on the activities of the Government.

 

Article 23 – Approval of the Government

1. Within 2 weeks after the recognition of powers of a newly elected Supreme Council or the termination of powers of the Government of the Autonomous Republic of Ajara, the President of Georgia shall, after having consulted with the political entities represented in the Supreme Council, nominate for approval by the Supreme Council a candidate for the chairperson of the Government of the Autonomous Republic of Ajara and the candidates for the ministers, nominated by the candidate for the chairperson of the Government. The approval of the Government of the Autonomous Republic of Ajara shall be put to vote in its entirety. The Government of the Autonomous Republic of Ajara shall be considered approved if supported by a majority of the total number of the members of the Supreme Council.

2. If the Supreme Council does not approve the Government within 2 weeks, the President of Georgia shall, within 2 weeks, nominate for approval by the Supreme Council the same or another composition of the Government, the approval of which shall be put to a vote within 2 weeks.

3. If the Supreme Council does not approve the Government twice in a row, the President of Georgia shall, with the consent of Parliament, dismiss the Supreme Council and call the extraordinary elections of the Supreme Council.

 

Article 24 – Vote of no confidence

1. The Supreme Council shall be entitled to hold a vote of no confidence in the Government.

2. A vote of no confidence in the Government shall be held if the motion is proposed by at least one third of the total number of the members of the Supreme Council.

3. Not earlier than 7 days and not later than 21 days after proposing a vote of no confidence in the Government by the Supreme Council, the latter shall pass a vote of no confidence in the Government by a majority of the total number of its members.

4. If the Supreme Council does not pass a vote of no confidence in the Government, it shall be inadmissible for the same members of the Supreme Council to propose a vote of no confidence within the next 6 months.

 

Article 25 – Termination of powers of the Government

1. The powers of the Government shall be terminated:

a) upon the recognition of powers of a newly elected Supreme Council;

b) upon passing a vote of no confidence by the Supreme Council;

c) upon the resignation of the Chairperson of the Government or termination of his/her powers otherwise;

d) upon the dismissal of the Supreme Council.

2. In the cases provided for by paragraph 1(a), (b) and (c) of this article, the Government shall exercise its powers until a new composition of the Government is approved.

3. In the case provided for by paragraph 1(d) of this article, the powers of the Government shall be exercised by the Provisional State Council established by the President of Georgia.

 

Article 26 – Termination of powers of the Chairperson of the Government

The powers of the Chairperson of the Government shall be terminated:

a) upon his/her resignation;

b) upon his/her death;

c) upon the entry into force of a court judgment of conviction against him/her;

d) upon the termination of powers of the Government of the Autonomous Republic of Ajara;

e) in the case provided for by Article 21(4) of the Constitution of the Autonomous Republic of Ajara;

f) in the case of losing the electoral right.

 

Article 27 – Ministries of the Autonomous Republic of Ajara

1. A Ministry of the Autonomous Republic of Ajara shall be established to ensure the administration of governance in the fields determined by the Constitution of the Autonomous Republic of Ajara; a Ministry is headed by a Minister.

2. Ministries of the Autonomous Republic of Ajara may be established in the areas of education, culture, sports, tourism, agriculture, environmental protection, finances, economics, infrastructure, health and social protection.

3. A Ministry shall be accountable to the Government.

 

Chapter V – Adoption and Revision of the Constitution of the Autonomous Republic of Ajara

 

Article 28 – Procedure for the adoption and revision of the Constitution of the Autonomous Republic of Ajara

1. The Constitution of the Autonomous Republic of Ajara shall be adopted and revised if supported by a majority of two thirds of the total number of the members of the Supreme Council of the Autonomous Republic of Ajara, and shall enter into force upon the entry into force of the organic law of Georgia on its approval.

2. The Chairperson of the Government, more than half of the total number of the members of the Supreme Council, or not less than 20 000 voters registered in the territory of the Autonomous Republic of Ajara, shall have the right to submit a draft constitutional law.

3. A draft constitutional law shall be submitted to the Supreme Council, which shall make the draft public for nation-wide public discussions. The Supreme Council shall begin deliberations on the draft constitutional law in 3 weeks after its publication.

4. A constitutional law shall be submitted for approval to the Parliament of Georgia together with a draft organic law of Georgia.

 

Batumi

20 February 2008

No 286 უ.ს.გ.ს.

 

Flag of the Autonomous Republic of Ajara

 

 

Coat of arms of the Autonomous Republic of Ajara