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Return back | On the Structure, Powers and Rules of Operation of the Government of Georgia | |
|---|---|
| Document number | 3277 |
| Document issuer | Parliament of Georgia |
| Date of issuing | 11/02/2004 |
| Document type | Law of Georgia |
| Source and date of publishing | LHG, 3, 13/02/2004 |
| Registration code | 010.240.010.05.001.001.439 |
| Consolidated publications | |
Consolidated versions (16/03/2021 - 21/09/2023)
LAW OF GEORGIA
ON THE STRUCTURES, POWERS AND PROCEDURES FOR THE ACTIVITIES OF THE GOVERNMENT OF GEORGIA
Chapter I – General Provisions
Article 1
The Government of Georgia (the Government) is the supreme body of executive authority, which implements the domestic and foreign policies of the country. The Government shall be accountable and responsible before the Parliament of Georgia.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 2
1. The Government shall consist of a Prime Minister and ministers. The Government may be composed of one or several State Ministers. The position of State Minister may be introduced by law in order to fulfil state objectives of particular importance.
2. A member of the Government may not hold any other position, except for a party post, or carry out entrepreneurial activities, or receive remuneration from any other activities, except from scientific and pedagogical activities.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 3
1. The power of the Government in the field of executive authority shall be determined by the Constitution of Georgia, this Law, and other legislative acts and normative acts of the Government.
2. When exercising its power, the Government shall be guided by the Government programme.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Article 4
1. The Government shall exercise executive power through ministries, state sub-agencies under their governance, the Office of the State Minister, a special-purpose militarised institution of the executive authority directly subordinated to the Government, and other special-purpose state institutions.
2. It shall be inadmissible to create or have any structure or body within the Government other than those provided for by this Law.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Chapter II – Competence of the Government
Article 5
Within the scope prescribed by the Constitution and the law, the Government shall:
a) coordinate and control the activities of the ministries, state sub-agencies under their governance, the Office of the State Minister, the special-purpose militarised institution of the executive authority directly subordinated to the Government, and other special-purpose state institutions;
b) approve the statutes of the offices of the ministries, the Office of the State Minister, the special-purpose militarised institution of the executive authority directly subordinated to the Government, and other special-purpose state institutions;
c) be authorised to repeal the legal acts of ministers, the heads of state sub-agencies, the special-purpose militarised institution, and other state special-purpose institutions;
d) be authorised to submit a proposal to the President of Georgia on the suspension of the activities of the representative body of a territorial unit, or on its dissolution, if its actions jeopardise the sovereignty or the territorial integrity of the country, or the exercise of constitutional powers by state authorities;
e) approve the statutes of the governmental commission and the council established for the purpose of examining specific issues;
f) approve state targeted programmes in socio-economic, cultural and other fields, and ensure their implementation;
g) implement legislative initiatives and develop a Government programme;
h) participate in the development and implementation of economic policy in accordance with the Constitution of Georgia, and other legislative and subordinate legal acts;
i) ensure the unity of the country`s economic space, the freedom of economic activities, and the formation of a competitive and stable investment environment;
j) manage state property;
k) regulate financial-budgetary relations, develop and submit to the Parliament of Georgia the draft State Budget of Georgia, ensure the implementation of the draft State Budget after its adoption, and submit a report on the execution of the State Budget to the Parliament of Georgia;
l) be authorised to request the President of Georgia to convene an extraordinary session between the sessions of the Parliament of Georgia, and during a regular session, to convene an extraordinary sitting;
m) ensure the management of the domestic and foreign debts of the State;
n) provide social protection for citizens;
o) develop state programmes for the reduction and elimination of unemployment and ensure their implementation;
p) ensure the implementation of a unified state emigration and immigration policy;
q) ensure the implementation of a unified state policy in the field of education and science, and the improvement of general, vocational and higher education;
r) ensure the implementation of a unified state policy in the field of the protection of the environment and natural resources, and the ecological security of the population;
s) organise the protection and rational use of natural resources;
t) implement the foreign policy of the country;
u) agree upon issues related to the conduct of negotiations with other states and international organisations, as well as the conclusion of international agreements, and ensure the fulfilment of the obligations of Georgia under international agreements;
u1) establish an interagency coordinating committee responsible for the implementation of the Convention on the Rights of Persons with Disabilities, approve a joint strategy promoting the implementation of the Convention on the Rights of Persons with Disabilities and the Law of Georgia on the Rights of Persons with Disabilities and a relevant action plan, and supervise the implementation thereof;
v) address the Parliament of Georgia to request the ratification, denunciation and annulment of the international agreements Georgia;
w) submit a proposal to the President of Georgia on the appointment and dismissal of the ambassadors and heads of diplomatic missions of Georgia;
x) agree upon accepting the accreditation of ambassadors of other states and international organisations and of other diplomatic representatives;
y) nominate candidates for membership of national regulatory bodies to the President of Georgia for their election by the Parliament of Georgia;
y1) (deleted – 20.9.2018, No 3453);
z) take measures to ensure the defence and public security of the country;
aa) submit the draft national security concept to the Parliament of Georgia for approval;
bb) (deleted – 20.9.2018, No 3453);
bb1) submit a proposal to the President of Georgia on the appointment and dismissal of the Commander of the Defence Forces of Georgia;
bb2) submit a proposal to the President of Georgia on the use of the Defence Forces to fulfil international obligations;
bb3) for the purposes of state defence, submit a proposal to the President of Georgia concerning the entry into the country, and the use and movement of the military forces of another state in the country, in special cases and in the cases provided for by law;
bb4) submit a report relating to the size of the Defence Forces to the Parliament of Georgia for approval;
cc) approve military statutes;
dd) approve plans for the development, use and mobilisation of the Defence Forces of Georgia, as well as plans for the mobilisation of the country's economy;
ee) approve the military operation plans for the territory of the country and the civil defence plans of Georgia;
ff) provide the Defence Forces of Georgia with financial means, military equipment and other logistical means;
gg) ensure the implementation of social protection measures for military service personnel;
gg1) take measures to ensure lawfulness, to protect the rights and freedoms of citizens, property and public order, and to ensure the combatting of crime;
gg2) ensure the implementation of measures for the protection of the state border;
gg3) exercise other powers granted by the Constitution of Georgia, this Law, and other legislative acts and subordinate legal acts of Georgia.
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 169
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 4301 of 18 September, 2015 – website, 28.9.2015
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Law of Georgia No 6833 of 14 July 2020 – website, 28.7.2020
Article 6
1. The Government shall adopt ordinances and decrees on the basis of and for the execution of the Constitution of Georgia and other legislative acts of Georgia.
2. The legal acts of the Government shall be signed by the Prime Minister.
3. An ordinance of the Government is a normative act, whose procedure for drafting, adoption and entry into force shall be determined by the Law of Georgia on Normative Acts and Rules of Procedure of the Government.
4. The execution of the legal acts of the Government shall be mandatory throughout the territory of Georgia.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Chapter III – Relations of the Government with the Parliament of Georgia and the President of Georgia
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Article 7
1. As soon as the authority of a newly elected Parliament of Georgia has been recognised, the Government shall relieve itself from authority before Parliament, and continue to fulfil its duties until a new Prime Minister has been appointed.
2. In the case of the resignation of the Prime Minister or the termination otherwise of his/her term of office, the Government shall continue fulfilling its duties until a new Prime Minister has been appointed.
3. Within 2 weeks after the Government relieves itself from authority, or the Prime Minister resigns or his/her term of office is otherwise terminated, the Parliament of Georgia shall pass a vote of confidence in the Government, proposed by the candidate for Prime Minister who has been nominated by the political party that has achieved the best result in the parliamentary elections. A Government programme shall be proposed to Parliament together with a new composition of Government.
4. A vote of confidence in the Government shall be passed in the manner determined by paragraphs 2-4 of Article 56 of the Constitution of Georgia, and in the case of passing a vote of confidence at the initiative of the Prime Minister, in the manner determined by Article 58 of the Constitution of Georgia.
5. Within 2 days after passing a vote of confidence in the Government, the President of Georgia shall appoint the Prime Minister, and the Prime Minister shall appoint ministers within 2 days after his/her appointment. If the President of Georgia fails to appoint the Prime Minister within the prescribed period, the Prime Minister shall be considered to have been appointed.
6. The Parliament of Georgia shall be authorised to pass a vote of no-confidence in the Government in the manner prescribed by Article 57 of the Constitution of Georgia.
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 269
Law of Georgia No 832 of 23 December 2008 – LHG I, No 40, 29.12.2008, Art., 271
Law of Georgia No 3021 of 27 April 2010 – LHG I, No 24, 4.5.2010, Art., 140
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 71 – (Deleted)
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 72
1. The President of Georgia is the Head of the State of Georgia, and the guarantor of the integrity and national independence of the country.
2. The President of Georgia is the Supreme Commander-in-Chief of the Defence Forces of Georgia.
3. The President of Georgia shall represent Georgia in foreign relations.
4. The President of Georgia shall:
a) with the consent of the Government, exercise representative powers in foreign relations, conduct negotiations with other states and international organisations, and conclude international agreements;
b) appoint and dismiss the ambassadors and heads of diplomatic missions of Georgia upon the recommendation of the Government;
c) with the consent of the Government, accept the accreditation of ambassadors of other states and international organisations and other diplomatic representatives;
d) upon the recommendation of the Government, nominate to the Parliament of Georgia candidates for membership of national regulatory bodies for election;
e) be authorised to suspend, on the recommendation of the Government and with the consent of the Parliament of Georgia, the activities of the representative body of a territorial unit or dissolve it if its actions jeopardise the sovereignty or territorial integrity of the country, or the exercise of constitutional powers by state authorities;
f) appoint the Prime Minister in the cases provided for by the Constitution of Georgia;
g) appoint and dismiss the Commander of the Defence Forces of Georgia upon the recommendation of the Government;
h) make a decision on the use of the Defence Forces to fulfil international obligations upon the recommendation of the Government;
i) upon the recommendation of the Government, make a decision on the entry into Georgia, and the use and movement in the territory of Georgia, of the military forces of another state, in special cases and in the cases provided for by law, for the purposes of state defence.
5. (Deleted – 20.9.2018, No 3453).
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 73
1. A legal act of the President of Georgia, except for the cases provided for by Article 53(2) of the Constitution of Georgia, shall require co-signing by the Prime Minister. Co-signing shall be performed in the manner prescribed by this article.
2. (Deleted – 20.9.2018, No 3453).
3. (Deleted – 20.9.2018, No 3453).
4. Co-signing shall not be required for a legal act of the President of Georgia that relates to:
a) the scheduling of the elections of the Parliament of Georgia, the dissolution of Parliament, or the convocation of a session or sitting of Parliament;
b) the conclusion of a constitutional agreement;
c) the signing and promulgation of laws, and the return of laws with comments to Parliament;
d) the appointment of the Prime Minister; the appointment of a member of the High Council of Justice; the appointment of the Chairperson and members of the Central Election Commission; the nomination of a member of the Board of the National Bank of Georgia, and the appointment of the President of the National Bank of Georgia; the appointment of a judge of the Constitutional Court;
e) the granting of state awards, prizes and honorary titles;
f) decision-making on issues of citizenship;
g) the granting of pardons to convicts;
h) an appeal to the Constitutional Court or any other court;
i) organising the exercise of powers by the President of Georgia.
5. A legal act of the President of Georgia that requires co-signing shall be submitted to the Prime Minister for co-signing not later than the day following its signature by the President of Georgia.
6. Within 10 days, the Prime Minister shall present a legal act of the President of Georgia submitted for co-signing for consideration by a Government session. If the Government approves the legal act of the President of Georgia in a manner prescribed by the Government Regulations, the Prime Minister shall sign it, after which the co-signature shall be deemed completed.
7. If the Government disapproves a legal act of the President of Georgia that was submitted to the Prime Minister for co-signing, the Government shall prepare reasoned comments to be submitted by the Prime Minister to the President of Georgia within 10 days, together with the legal act of the President of Georgia. Within the following 10 days, the President of Georgia may amend his/her legal act in accordance with the comments of the Government and re-submit the amended act to the Prime Minister for co-signing. The procedure provided for by paragraph 6 of this article shall then be repeated.
8. If the Government again disapproves the legal act of the President of Georgia, the latter may no longer submit a legal act of the same content to the Prime Minister for co-signing within 6 months of its second disapproval.
9. The President of Georgia may request the expedited co-signing of his/her legal act upon his/her reasoned appeal to the Prime Minister. If the Prime Minister considers the appeal of the President of Georgia to be sufficiently grounded, he/she shall, within 3 days, present the legal act of the President of Georgia for consideration at a Government session. In the case of a refusal to agree to co-signing, reasoned comments as provided for by paragraph 7 of this article shall, within 3 days, be submitted to the President of Georgia. If the Prime Minister does not consider the appeal of the President of Georgia to be sufficiently reasoned, the co-signing process shall be performed within the time limits prescribed by paragraphs 6 and 7 of this article, of which the Prime Minister shall officially notify the President of Georgia.
10. An order issued by the President of Georgia on the recommendation of the Prime Minister concerning a declaration or revocation of martial law or a state of emergency shall be immediately submitted to the Prime Minister. As soon as the order is submitted, the Prime Minister shall make a decision on co-signing. The order on the declaration of martial law or a state of emergency shall immediately be promulgated if co-signed by the Prime Minister, and shall enter into force upon promulgation.
11. A decree issued by the President of Georgia upon the recommendation of the Prime Minister shall be handed over to the Prime Minister and shall be co-signed in the manner prescribed by paragraph 10 of this article. A decree issued during martial law or a state of emergency shall enter into force upon its promulgation if co-signed by the Prime Minister, and a decree on the suspension of a legal norm in the case provided for by Article 71(4) of the Constitution of Georgia shall enter into force upon its approval by the Parliament of Georgia.
12. A legal act of the President of Georgia that requires co-signing shall be promulgated and shall entail legal consequences only after it is co-signed.
13. Political responsibility for co-signed legal acts shall rest with the Government.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 74
1. The President of Georgia, with the consent of the Government, shall implement measures related to the issues provided for by Article 52(1)(a) of the Constitution of Georgia. For this purpose, the President of Georgia shall submit to the Government written proposals to be considered by the Government at its sitting.
2. The approval of the Government shall be obtained in the form of a decree.
3. The procedure for obtaining the approval of the Government shall be established by the Government Rules of Procedure.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Chapter IV – Head of the Government and Organisation of its Activities
Article 8
1. The Prime Minister of Georgia shall be the Head of the Government.
2. The Prime Minister shall:
a) head the Government; determine the main directions of the activities of the Government on the basis of the Constitution of Georgia, this Law and other normative acts, and organise the activities of the Government;
b) coordinate and control the activities of the ministers;
c) be accountable to the Parliament for the activities of the Government;
d) annually submit a report to the Parliament on the implementation of the Government programme and, upon the request of the Parliament, on the implementation of specific aspects of the Government programme.
e) be authorised to raise before the Parliament an issue of confidence in the Government. At the initiative of the Prime Minister, a vote of confidence shall be passed in the manner prescribed by Article 58 of the Constitution of Georgia;
f) convene and chair the sessions of the Government and sign the ordinances and decrees of the Government;
g) coordinate the implementation of regional policy and the relations of the Government with municipal bodies;
h) appoint and dismiss other members of the Government;
i) within the scope of his/her powers, issue an individual legal act or order, and perform full administrative functions in the premises of the Government;
j) appoint and dismiss other officials in the cases provided for by law and in a prescribed manner, and conclude administrative agreements with the persons determined by Article 78 of the Law of Georgia on Civil Service;
k) represent the Government in relations with other public agencies and international organisations;
l) within the scope of his/her powers, make decisions on the introduction of incentives for Government administration officials, and on the imposition of disciplinary measures against them, in a manner prescribed by the Law of Georgia on Public Service;
m) (deleted – 20.9.2018, No 3453);
m1) represent Georgia in foreign relations and enter into international agreements on behalf of Georgia;
m2) in the case of an armed attack on Georgia or the immediate threat thereof, apply to the President of Georgia with a proposal to declare martial law;
m3) in the cases of mass disorder, violations of the territorial integrity of the country, military coups, armed revolts, acts of terrorism, natural or man-made disasters or epidemics, or in any other cases where state bodies are deprived of the capacity to properly exercise their constitutional powers, submit a proposal to the President of Georgia on the declaration of a state of emergency in the entire territory of the country or in a specified part thereof;
m4) submit a proposal to the President of Georgia on the issuance of a decree with a legal effect equivalent to that of an organic law in the case of martial law or a state of emergency, which shall be valid until martial law or the state of emergency is terminated;
m5) make a decision on the use of the Defence Forces during martial law. Such decision shall not require the approval of the Parliament of Georgia;
m6) make a decision on the use of the Defence Forces during natural and man-made disasters and epidemics. Such decision shall not require the approval of the Parliament of Georgia. In addition, the Parliament of Georgia shall be authorised to take a decision on the termination of the use of the Defence Forces during natural and man-made disasters and epidemics;
m7) submit a proposal to the President of Georgia on the use of the Defence Forces during a state of emergency;
m8) be a member of the deliberative body called the National Defence Council during martial law;
m9) issue an order during martial law or a state of emergency according to which the Defence Forces shall act;
n) exercise other powers granted by this Law, other legislative acts and subordinate normative acts of Georgia.
Law of Georgia No 345 of 10 October 2008 – LHG I, No 345, 27.10.2008, Art., 169
Law of Georgia No 6628 of 5 July 2012 – website, 5.7.2012
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 1976 of 5 February 2014 – website, 19.2.2014
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Law of Georgia No 4362 of 27 October 2015 – website, 11.11.2015
Law of Georgia No 141 of 21 December 2016 – website, 28.12.2016
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Law of Georgia No 6967 of 15 July 2020 – website, 28.7.2020
Article 9
1. The power of the Prime Minister shall be terminated:
a) upon his/her resignation;
b) upon his/her death;
c) if a court’s judgment of conviction against the Prime Minister enters into force;
d) (deleted – 20.9.2018, No 3453);
e) in the cases and in a manner provided for by Articles 48 and 56-58 of the Constitution of Georgia;
f) when holding a position that is incompatible with the activities of a member of the Government;
g) (deleted – 4.10.2013, No 1463).
2. In the cases provided for by:
a) paragraph 1(a) of this article, the Prime Minister shall be considered to have resigned from the moment of making a public statement or filing a written application to the President of Georgia and the Parliament of Georgia to that effect. The term of office of the Prime Minister shall be terminated upon his /her resignation;
b) paragraph 1(b) of this article, the power of the Prime Minister shall be considered terminated once the relevant fact occurs;
c) paragraph 1(c) of this article, the power of the Prime Minister shall be considered terminated from the moment of the entry into force of the relevant judgment;
d) paragraph 1(f), the power of the Prime Minister shall be considered terminated as soon as the Parliament of Georgia adopts an ordinance on the fact of the incompatibility of duties.
3. In the case of the resignation of the Prime Minister or where his/her term of office is terminated otherwise, the Government shall continue fulfilling all necessary duties until a new Prime Minister is appointed.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 10
1. The Prime Minister shall be authorised to assign to one of the ministers the duty of the First Vice-Prime Minister, and to one or more other ministers the duty of the Vice-Prime Minister.
2. The First Vice-Prime Minister shall perform the duty of the Prime Minister in his/her absence and in other cases provided for by law, as well as in respect of certain individual assignments.
3. The Vice-Prime Minister(s) shall coordinate the exercise of executive power in the field of public management as established by an order of the Prime Minister.
4. The number of Vice-Prime Ministers shall be determined by the Prime Minister.
5. The duties of the First Vice-Prime Minister and the Vice-Prime Minister(s) shall be detrmined by an order of the Prime Minister. The members of the Government shall be notified of the order within 5 days of its issuance. The same order shall determine the functions of the First Vice-Prime Minister and the Vice-Prime Minister(s).
Law of Georgia No 94 of 5 July 2008 – LHG I, No 13, 16.7. 2008, Art., 106
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 11 – (Deleted)
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 4382 of 27 October 2015 – website, 11.11. 2015
Law of Georgia No 141 of 21 December 2016 – website, 28.12.2016
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 111
1. In foreign relations, the Prime Minister and ministers shall represent Georgia within the scopes of their competence.
2. The Prime Minister of Georgia and the Minister of Foreign Affairs of Georgia shall have the right to take any action relating to the conclusion of an international agreement of Georgia with no representation of powers.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Article 12
1. A session of the Government shall take place at least once a month.
2. The Prime Minister shall convene a session and determine its agenda.
3. The Prime Minister shall lead a session of the Government.
4. A session of the Government shall, as a rule, be closed. In the cases provided for by law, as well as by a decision of the Government, a session of the Government may be announced as public.
5. The procedure for the work of the Government, the preparation and conduct of a session of the Government, the discussion of an issue, and decision-making at a session, shall be established by the Government Rules of Procedure, to be approved by the Government upon the recommendation of the Prime Minister.
6. A decision of the Government shall be formally established by an ordinance or a decree of the Government to be signed by the Prime Minister.
Law of Georgia N o1345 of 26 June 2009 – LHG I, No 16, 7.7. 2009, Art., 81
Law of Georgia No 1904 of 3 November 2009 – LHG I, No 35, 19.11.2009, Art., 214
Law of Georgia No 6628 of 5 July 2012 – website, 5.7.2012
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Chapter V – Administration of the Government
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Article 13
1. The Administration of the Government headed by the Prime Minister shall be established to provide organisational support for the activities of the Government, as well as to facilitate the preparation of analytical, informational and other materials, and control over the implementation of the decisions of the Government.
2. (Deleted – 5.7.2012, No 6628).
3. The structures, powers and organisation of the activities of the Administration of the Government shall be determined by the statute of the Administration of the Government that shall be approved by the Government.
Law of Georgia No 6628 of 5 July 2012 – website, 5.7.2012
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Chapter VI – A Ministry
Article 14
1. A ministry shall be established on the basis of law in order to ensure the implementation of state policy and governance in a specific field within the authority of the Government.
2. The following are the ministries of Georgia:
a) the Ministry of Education and Science;
b) the Ministry of Environmental Protection and Agriculture;
c) the Ministry of Economy and Sustainable Development;
d) the Ministry of Defence;
e) the Ministry of Justice;
e1) the Ministry of Culture, Sports and Youth Affairs;
f) the Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs;
g) the Ministry of Regional Development and Infrastructure;
h) the Ministry of Foreign Affairs;
i) the Ministry of Finance;
j) the Ministry of Internal Affairs.
Law of Georgia No 195 of 24 June 2004 – LHG I, No 17, 7.7.2004, Art., 58
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 269
Law of Georgia No 848 of 23 December, 2008 – LHG I, N 40, 29 12. 2008, Art., 273
Law of Georgia No 959 of 30 December 2008 – LHG I, No 41, 30.12.2008, Art., 343
Law of Georgia No 3153 of 29 June 2010 – LHG I, No 30, 29.6.2010, Art., 194
Law of Georgia No 4385 of 11 March 2011 – website, 17.3.2011
Law of Georgia No 449 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 1792 of 13 December 2013 – website, 28.12.2013
Law of Georgia No 1620 of 7 December 2017 – website, 14.12.2017
Law of Georgia No 3024 of 5 July 2018 – website, 11.7.2018
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Law of Georgia No 335 of 16 March 2021 – website, 18.3.2021
Article 15
1. A ministry shall be accountable to the Government and perform the tasks provided for by law or assigned by the Government and the Prime Minister on the basis of law.
2. A ministry shall have a statute, a completed balance sheet and an account in the treasury, a costs estimate and a stamp with the image of the state coat of arms.
3. A ministry shall be funded from the State Budget. It shall be accountable for the targeted use of budgetary funds in a manner prescribed by the legislation of Georgia.
4. A ministry shall be based on the unity of command, unless otherwise provided for by law.
5. The power of a ministry shall be determined by law and/or a Government resolution adopted on the basis of law. A ministry may not transfer its rights and obligations to other state or non-state institutions, unless otherwise provided for by the legislation of Georgia.
6. A ministry shall act within the scope of its powers on the basis of the Constitution of Georgia, other laws, legal acts of the President of Georgia issued during martial law or a state of emergency, and legal acts of the Government and the Prime Minister, and for the purposes of their execution.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 16
1. The scope of governance of a ministry shall be determined by the statute of the ministry.
2. If an issue transferred by law under the jurisdiction of executive authority does not fall within the scope of any ministry, a decision on that issue shall be made by the Government. The Government shall also be authorised to make a decision on an issue falling within the scope of a relevant ministry if the latter does not make a decision thereon (except for issues relating to the country`s security, defence, public security, and the exercise of powers as provided for by the criminal legislation of Georgia) or hinders the decision-making process in respect thereof.
3. If an issue falls within the jurisdiction of several ministries and a related decision-making ministry is not determined, the decision shall be made by the Government.
Law of Georgia No 1904 of 3 November 2009 – LHG I, No 35, 19.11.2009, Art., 214
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 17
1. The statute of a ministry shall be approved by the Government on the recommendation of the relevant minister.
2. (Deleted – 4.10.2013, No 1463).
3. The statute of a ministry shall include:
a) the full name and legal address of the ministry;
b) the scope of activities and tasks of the ministry;
c) the organisation of the management of the ministry and the rights and duties of the heads of the structural subdivisions therein;
d) the system and structure of the ministry and the main tasks and competences of the structural subdivisions of the ministry;
e) other essential issues relating to the organisation of the activities of the ministry.
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 169
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Article 18
1. In accordancce with its statute, a ministry shall be divided into structural subdivisions.
2. The power of a structural subdivision of a ministry shall be determined by the statute of the ministry, and the statute of the relevant structural subdivision, which shall be approved by the minister.
3. (Deleted – 4.10.2013, No 1463).
4. State control over a legal entity under public law (except for an independent regulatory body, or such a legal entity under public law that, in accordance with the law and/or the international agreements of Georgia, has no state controlling body, or a legal person established in accordance with Article 5(2)(d) of the Law of Georgia on Legal Entities under Public Law) may be exercised only by a ministry, unless otherwise provided for by law or an ordinance of the Government.
Law of Georgia No 569 of 11 November 2004 – LHG I, No 34, 16.11.2004, Art., 159
Law of Georgia No 1132 of 22 March 2005 – LHG I, No 13, 12.4.2005, Art., 86
Law of Georgia No 4409 of 2 March 2007 – LHG I, No 8, 23.3.2007, Art., 73
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Article 19
1. A territorial body of a ministry shall be established, transformed and its activities terminated by an ordinance of the Government, unless otherwise provided for by law.
2. A territorial body of a ministry shall represent the ministry within its scope of authority.
3. The head of a territorial body of a ministry and his/her deputy shall be appointed and may be dismissed by a minister.
4. The scope of authority, rights and duties of a territorial body, and the main directions of the activities of a ministry, shall be determined by the statute of the territorial body, which shall be approved by a minister.
Article 20
1. A ministry shall be headed by a minister who, in accordance with the legislation of Georgia, shall make a decision on the issues falling within his/her competence.
2. A minister shall:
a) lead a ministry, direct its activities, and address issues under the ministry's jurisdiction;
b) be responsible for the implementation of the Constitution of Georgia, other laws, legal acts of the President of Georgia, ordinances and decrees of the Government, and orders of the Prime Minister issued during martial law or a state of emergency;
c) monitor the performance of the duties of the structural subdivisions of a ministry and state sub-agencies under the jurisdiction of the ministry, and legal entities of public law and territorial bodies, and exercise official supervision over the decisions and activities of the public servants of the ministry in a manner prescribed by this Law;
d) in a manner prescribed by the legislation of Georgia, appoint and dismiss, within the scope of his/her competence, the officials determined by the staff list of the ministry, officials of territorial bodies, heads of state sub-agencies, and legal entities under public law, except for the cases provided for by this Law, and hire other public servants on the basis of an administrative contract or employment agreement;
d1) in the case provided for by the legislation of Georgia, give consent to a head of a legal entity under public law for the appointment and dismissal of employees;
e) submit a proposal to the Prime Minister on issues relating to the revenue and expenditure of the annual budget of the ministry, and where necessary, on a draft additional budget, and make decisions on the targeted use of budgetary funds, and be responsible for the accurate and expedient implementation of the budget;
f) in accordance with the State Budget, approve the costs estimate of the state sub-agencies under the jurisdiction of the ministry, exercise control over its implementation, and where necessary, provide instructions on the use of budgetary funds;
g) establish the structure and record-keeping procedures of the state sub-agencies under the jurisdiction of the ministry, except where they are established by legal acts which are superior to an order of the minister;
h) submit a report on the activities of the ministry to the Prime Minister;
i) participate in the sessions of the Government;
j) perform other tasks defined for him/her by laws, legal acts of the President of Georgia issued during martial law or a state of emergency, ordinances and decrees of the Government, and orders of the Prime Minister.
3. If an issue under the jurisdiction of a ministry also concerns another ministry, a minister shall agree such decisions with the relevant other minister. When failing to reach agreement, the issue shall be heard at a sitting of the Government.
4. A minister shall be responsible for the protection and use of state property, and shall organise activities related thereto in a manner prescribed by the legislation of Georgia.
5. A minister may establish commissions and councils under his/her jurisdiction with a deliberative vote and determine their duties and the procedures for their activities.
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 169
Law of Georgia No 1349 of 26 June 2008 – LHG I, N 16, 7.7.2009, Art., 83
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 4382 of 27 October 2015 – website, 11.11. 2015
Law of Georgia No 141 of 21 December 2016 – website, 28.12.2016
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 21
1. A minister shall issue orders within his/her competence.
2. A minister shall sign orders and be responsible for their lawfulness and expediency.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 22
1. The power of a minister shall be terminated:
a) upon his/her resignation;
b) upon his/her death;
c) when dismissed on the basis of an act of the Prime Minister;
d) when a court’s judgment of conviction against him/her enters into force;
e) (Deleted – 20.9.2018, No 3453);
f) in the cases and in a manner provided for by Articles 48 and 56-58 of the Constitution of Georgia.
2. A minister may resign from his/her position. A minister shall file an application with the Prime Minister requesting his/her resignation.
3. (Deleted – 4.10.2013, No 1463).
4. (Deleted – 4.10.2013, No 1463).
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 23
1. A minister may have a First Deputy and other Deputies. The number of deputies shall be determined by the statute of the ministry, and their powers shall be determined by an order of the minister, unless otherwise provided for by law or acts of the Government.
2. Upon the termination of the power of a minister, the powers of his/her First Deputy Minister and Deputies shall be terminated as soon as a new minister has been appointed.
3. The First Deputy Minister and Deputy Ministers are prohibited from being involved in the management, control or audit of an entrepreneurial company and from carrying out entrepreneurial activities.
4. The First Deputy Minister shall direct the activities of the structural subdivisions subordinated to him/her by an order of the minister.
5. In the absence of a minister, the First Deputy Minister shall direct the activities of the ministry and coordinate the activities of state sub-agencies, territorial bodies and structural subdivisions within the ministry.
Law of Georgia No 5983 of 21 March 2008 – LHG I, No 9, 4.4.2008, Art., 77
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 24
1. The First Deputy Minister and other Deputy Ministers shall be appointed and may be dismissed by the Prime Minister upon the recommendation of a minister.
2. By the commissioning of a minister, one of the Deputy Ministers may act as the Parliamentary Secretary.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Chapter VI1 – State Minister
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 241
1. One or several State Ministers may also be present within the Government. The position of State Minister may be introduced by law in order to fulfil state objectives of particular importance.
2. The State Minister of Georgia for Reconciliation and Civic Equality shall also be in the composition of the Government.
3. A State Minister shall be appointed by the Prime Minister.
4. The power and scope of authority of a State Minister shall be determined by this Law and relevant ordinances of the Government.
5. A State Minister may:
a) exercise executive power within his/her scope of authority;
b) exercise the powers assigned to a minister by this Law, as well as powers granted to him/her by other legislative and subordinate acts of Georgia;
c) perform individual assignments from the Government and the Prime Minister;
d) issue orders within his/her powers.
6. The activities of a State Minister shall be provided by the Office of the State Minister.
7. The structure and staff list of the Office of the State Minister shall be determined by the Government.
8. The power of a State Minister shall be terminated in accordance with Article 22 of this Law.
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Chapter VII – State Sub-agencies
Article 25
1. A state sub-agency is an institution of executive authority under the jurisdiction of a ministry.
2. A state sub-agency shall be established, transformed and its activities shall be terminated by law or an ordinance of the Government.
3. A state sub-agency may be established to fulfil state objectives and public functions in the fields of defence, law enforcement, public security and order, as well as socio-economic, cultural or other fields.
4. A state sub-agency shall be financed from the State Budget.
5. The statute of a state sub-agency shall be approved by a minister. The requirements of Article 17(3) of this Law shall apply to the statute of a state sub-agency.
6. The head of a state sub-agency shall be appointed and may be dismissed by the Prime Minister upon the recommendation of a minister.
7. (Deleted – 4.10.2013, No 1463).
71. (Deleted – 4.10.2013, No 1463).
72. (Deleted – 4.10.2013, No 1463).
8. (Deleted).
9. The governance of a state sub-agency may include a legal entity under public law, if so provided for by law. State control over a legal entity under public law as provided for by this paragraph shall be exercised by a state sub-agency.
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 169
Law of Georgia No 1931 of 3 November 2009 – LHG I, No 32, 6.11.2009, Art., 194
Law of Georgia No 1904 of 3 November 2009- LHG I, No 35, 19.11.2009, Art., 214
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 4068 of 22 December 2018 – website, 28.12.2018
Article 26
1. A decision on the establishment, transformation and termination of the activities of a territorial body of a state sub-agency shall be made by a minister, unless otherwise provided for by law.
2. The territorial body of a state sub-agency shall represent this sub-agency in the relevant administrative-territorial units.
3. The head and deputy head of the territorial body of a state sub-agency shall be appointed and dismissed by a minister upon the recommendation of the head of the sub-agency, unless otherwise provided for by law.
4. The scope of authority, rights and duties, and the main directions of the activities of a territorial body of a state sub-agency, shall be determined by the statute of the territorial body to be approved by a minister, unless otherwise provided for by law.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Chapter VII1 – Special-Purpose State Institution
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Article 261
1. A special-purpose state institution (a 'special institution') shall be an institution directly subordinated to the Prime Minister, which shall be established by law in order to execute the state objectives provided for by law.
2. A special institution shall be accountable to the Prime Minister, who shall directly supervise its activities.
3. The head of a special institution shall be appointed and may be dismissed by the Prime Minister. The deputy heads of a special institution shall be appointed and may be dismissed by the Prime Minister upon the recommendation of the head of the special institution. The issues of the appointment and dismissal of other employees of a special institution shall be regulated by law.
4. A special institution shall carry out its activities on the basis of the Constitution of Georgia, the international agreements of Georgia, the law, the statute of the special institution, and the official instructions and tasks determined by the Prime Minister.
5. The statute of a special institution and other normative acts determined by the relevant law shall be approved by the Government upon the recommendation of the Prime Minister.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 1620 of 7 December 2017 – website, 14.12.2017
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Law of Georgia No 4068 of 22 December 2018 – website, 28.12.2018
Chapter VIII – State Representation
Article 27
1. A ministry or a state sub-agency shall be authorised to represent the State in the fulfilment of the duties imposed on it by the legislation of Georgia.
2. If the legislation of Georgia does not determine which institution of the executive authority will be considered as a representative of the State in a certain area of legal relations, a representative of the State shall be appointed by the Government.
3. The representative of a state institution in accordance with the statute of this institution shall be the head of the institution or a person authorised by him/her, unless otherwise provided for by law.
4. The issues of state representation by a special institution shall be regulated by the relevant law.
Law of Georgia N o1463 of 4 October 2013 – website, 22.10.2013
Chapter VIII1 – State Representative
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 271
1. In order to provide the representation of the Government in the territories of administrative-territorial units, the Government shall be authorised to appoint State Representatives.
2. A State Representative shall be a representative of the Government in the territory of administrative-territorial units of Georgia as determined by the legislation of Georgia. A State Representative shall be appointed and may be dismissed by the Government.
3. A State Representative shall:
a) in the case of an assignment from the Government, coordinate the activities of the territorial bodies of the ministries of Georgia;
b) coordinate the implementation of the individual activities of local self-government reform by the commissioning of the Government;
c) be authorised to participate in the sessions of the Government with a deliberative vote;
d) issue individual administrative-legal acts within his/her powers;
e) exercise other powers determined by the legislation of Georgia.
Law of Georgia No 4916 of 8 June 2007 – LHG I, No 22, 19.6.2007, Art., 199
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 1976 of 5 February 2014 – website, 19.2.2014
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 272
1. A State Representative shall carry out his/her activities through the administration of the State Representative. The staff list of the administration and the amounts of salaries of public servants of a State Representative shall be approved by the Government. Public servants of the administration of a State Representative shall be appointed and may be dismissed by a State Representative in accordance with the Law of Georgia on Public Service.
2. The activities of a State Representative and the administration of a State Representative shall be financed from the State Budget.
3. The boundaries of the territory to which the power of a State Representative applies, and the structure and procedure for the activities of the administration of a State Representative, shall be determined by the statute of the State Representative. The statute of the State Representative shall be approved by the Government.
Law of Georgia No 4916 of 8 June 2007 – LGH I, No 22, 19.6.2007, Art., 199
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 4382 of 27 October 2015 – website, 11.11. 2015
Law of Georgia No 141 of 21 December 2016 – website, 28.12.2016
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 273
1. A legal act of a State Representative shall be an individual legal act, or a decree of the State Representative.
2. A legal act of a State Representative may be annulled by the Government.
3. A legal act of a State Representative may be appealed in court in a manner prescribed by the legislation of Georgia.
Law of Georgia No 4916 of 8 June 2007 – LGH I, No 22, 19.6.2007, Art., 199
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Chapter IX – The Executive Bodies of the Autonomous Republics of Abkhazia and Adjara
Article 28
1. The executive bodies of the Autonomous Republics of Abkhazia and Adjara shall be included in the system of executive bodies of Georgia.
2. The executive bodies of the Autonomous Republics of Abkhazia and Adjara shall operate on the basis of the Constitution of Georgia, the Constitutions of the Autonomous Republics of Abkhazia and Adjara, the legal acts of Georgia and the legal acts of the Autonomous Republics of Abkhazia and Adjara.
3. The executive bodies of the Autonomous Republics of Abkhazia and Adjara shall be established, transformed and their activities terminated in a manner prescribed by the Constitution of Georgia, the Constitutions of the Autonomous Republics of Abkhazia and Adjara, the legal acts of Georgia and the legal acts of the Autonomous Republics of Abkhazia and Adjara.
Chapter X – Deliberative Bodies
Article 29
1. To examine certain issues, the Prime Minister, the Government, and a member of the Government may set up deliberative bodies, namely commissions and councils.
2. A deliberative body shall be set up to prepare various issues falling within the competence of the executive authority. The tasks of a deliberative body, as well as the procedure for the preparation of its opinions and proposals during its establishment, shall be determined, respectively, by the Prime Minister, the Government, and a member of the Government.
3. A deliberative body shall have the right to receive from state institutions information, documents and other data necessary for its work.
4. The opinions and proposals prepared by a deliberative body shall be submitted to the Prime Minister, the Government and a member of the Government, within the prescribed periods.
5. A civil servant, a public servant or a person who is not a civil servant or a public servant, may be appointed as a member of a deliberative body only with his/her consent.
Law of Georgia No 4362 of 27 October 2015 – website, 11.11. 2015
Law of Georgia No 141 of 21 December 2016 – website, 28.12.2016
Chapter X1 – (Deleted)
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Law of Georgia No 1620 of 7 December 2017 – website, 14.12.2017
Article 291 – (Deleted)
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Law of Georgia No 1620 of 7 December 2017 – website, 14.12.2017
Article 292 – (Deleted)
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Law of Georgia No 1620 of 7 December 2017 – website, 14.12.2017
Chapter XI – Official Supervision
Article 30
1. The purpose of official supervision is to ensure the lawfulness of the activities of the ministries, state sub-agencies falling within their governance, the Office of the State Minister, special institutions (including special-purpose militarised institutions) and State Representatives.
2. A person exercising official supervision shall be authorised to:
a) provide written instructions concerning the elimination of deficiencies in an issued act or performed action;
b) suspend the execution of an act or the performance of an action;
c) declare an act invalid.
3. When exercising official supervision, the Government, the Prime Minister, the ministers, the heads of state sub-agencies and special institutions (including special-purpose militarised institutions) falling within the governance of ministries, shall issue individual legal acts.
4. Official supervision shall be exercised in accordance with the structure of authority of the Government.
5. Unless otherwise provided for by law, a person exercising official supervision shall be authorised to request legal acts and other documents from a ministry, the Office of the State Minister, a state sub-agency, a special institution (including a special-purpose militarised institution) and the State Representative, and to receive explanations and conclusions from an official. A ministry, the Office of the State Minister, a state sub-agency, a special institution (including a special-purpose militarised institution) and the State Representative, are obliged to submit documents, explanations and conclusions not later than 7 working days after being requested, unless otherwise prescribed by the person exercising official supervision.
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 31
1. The Prime Minister shall be authorised to repeal the individual legal acts of ministers and heads of special institutions (including special-purpose militarised institutions) on the grounds of their unlawfulness or inexpediency.
2. The Government shall be authorised to repeal the legal acts of ministers and heads of special institutions (including special-purpose militarised institutions) and State Representatives on the grounds of their unlawfulness or inexpediency.
3. (Deleted – 20.9.2018, No 3453);
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 169
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 2355 of 2 May 2014 – website, 16.5.2014
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 32
1. A minister shall oversee the lawfulness and expediency of the activities of the structural subdivisions of a ministry, and the state sub-agencies and territorial bodies falling within the governance of a ministry.
2. A minister shall declare invalid those legal acts and actions of the First Deputy Minister and Deputy Ministers, the structural subdivisions of the ministry and other officials of a ministry, and the heads of relevant ministries of the Autonomous Republics of Abkhazia and Adjara, which do not comply with the Constitution and other laws of Georgia, the legal acts issued by the President, and ordinances of the Government and orders of a minister during martial law or a state of emergency.
3. A Minister shall be authorised to declare invalid the acts and actions of the officials referred to in paragraph 2 of this article, and of the heads of state sub-agencies under the jurisdiction of a ministry, on the grounds of their inexpediency.
4. A Minister shall have the right to assign to his/her First Deputy Minister the obligation to exercise official supervision over the actions of the officials of a ministry.
5. A person exercising official supervision shall have the right to issue binding instructions concerning changing an act, or eliminating a deficiency in an action, or performing a new action.
6. (Deleted – 20.9.2018, No 3453).
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 3453 of 20 September 2018 – website, 9.10.2018
Article 33
1. An act or action of an official may be declared invalid on the grounds of inexpediency if such act or action clearly fails to comply with the Government programme and/or the state policy, as resulting from the requirements of the law and as implemented by the Government or a minister, and/or if such act or action causes the irrational use of state property and/or budgetary funds, or is otherwise contrary to the interests of the State.
2. An individual legal act issued or an action performed during the organisation of a public service, as well as other acts or actions whose conditions of issuance or performance derive from law or other legal acts, shall not be declared invalid on the grounds of inexpediency.
3. A declaration of an act or action as invalid on the grounds of inexpediency shall be substantiated.
Law of Georgia No 345 of 10 October 2008 – LHG I, No 27, 27.10.2008, Art., 169
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Article 34
1. Legal disputes between ministries and other state institutions shall be resolved on the basis of the reporting structure, unless otherwise provided for by law.
2. Legal disputes between the structural subdivisions of a ministry, as well as between the state sub-agencies under the jurisdiction of a ministry, shall be resolved by the respective minister.
3. Legal disputes between state institutions which fall within various areas of governance shall be resolved by the ministers concerned. In the case of disagreement, a decision shall be made by the Government.
Chapter XII – Transitional and Final Provisions
Article 35
1. Within 3 months after the enactment of this Law, the President of Georgia and the Government of Georgia shall ensure:
a) the liquidation of the State Chancellery of Georgia and reorganisation of state departments in a manner prescribed by this article and the legislation of Georgia;
b) the establishment of a relevant liquidation commission for the organisational support of the measures provided for by this Law.
2. The State Support Service of Georgia shall be liquidated. A liquidation commission for the Service shall be established in the period of 2 weeks by a legal act of the President of Georgia. The state property remaining as a result of the liquidation of the State Support Service shall be distributed in a manner prescribed by law, in accordance with a decree of the President of Georgia.
3. In a manner prescribed by this paragraph, state departments shall be reorganised into state sub-agencies and shall be transferred to the relevant ministries:
a) (deleted);
b) (deleted – 25.3.2013, No 449);
c) (deleted);
d) the State Departments of Material Reserves and State Border Protection shall be transferred to the jurisdiction of the Ministry of Internal Affairs;
e) the Ministry of Economy and Sustainable Development shall be established and the State Departments of Statistics, Tourism and Resorts shall be transferred to its jurisdiction;
f) the function of changing the targeted use of land and of agricultural land (except for recreational areas, and land falling within the administrative boundaries of Tbilisi City and Batumi City), as well as the State Departments of Archives and Land Management, shall be transferred to the jurisdiction of the Ministry of Justice. The functions and powers of the State Department of Land Management provided for by the legislation of Georgia, which relate to the land consolidation and soil quality assessment (soil atlases), and the establishment of a single bank on their status, as well as to their rational use, and the restoration and maintenance of the fertility of soil, and the implementation of anti-erosion measures for land, shall be assigned to the Ministry of Agriculture;
g) the Ministry of Culture, Monument Protection and Sports shall be established and the State Departments of Sports and Youth Affairs shall be transferred to its jurisdiction;
h) (deleted – 29.11.2013, No 1687);
i) the Ministry of Education and Science shall be established and the State Chamber of Language and the Department of Science and Technology of the Ministry of Economy, Industry and Trade shall be transferred to its jurisdiction.
4. (Deleted – 4.10.2013, No 1463).
5. The State Inspection for the Protection of State Secrets shall be liquidated and its functions shall be assigned to the Ministry of Internal Affairs.
6. Within 1 month after the enactment of this Law, the Government shall submit proposals on the determination of the organisational and legal form, and the structure of authority, of the Council of Scientific Experts.
7. Within 3 months after the enactment of this Law, the Government shall submit to the Parliament the draft legislative acts necessary for the reorganisation of the executive authority and the redistribution of functions defined by this Law. These institutions shall continue fulfilling their duties until the entry into force of the legislative amendments.
8. The ministries established on the basis of this article shall be considered as legal successors to the institutions liquidated.
9. The acts provided for by this article, which are issued by the heads of the institutions and are subject to liquidation, shall retain legal force. The right to make changes and additions thereto, as well as to annul them, shall be granted to their successor ministries.
10. The Ministry of Environmental Protection of Georgia shall be reorganised into the Ministry of Environmental and Natural Resources Protection of Georgia, and the Ministry of Energy and Natural Resources of Georgia shall be reorganised into the Ministry of Energy of Georgia. The Ministry of Environmental and Natural Resources Protection of Georgia shall be considered as the legal successor of the Ministry of Environmental Protection of Georgia, and the Ministry of Energy of Georgia shall be considered as the legal successor of the Ministry of Energy and Natural Resources of Georgia within the powers granted by the legislation of Georgia. In addition, the Ministry of Environmental and Natural Resources Protection of Georgia shall be considered as the legal successor of the Ministry of Energy and Natural Resources of Georgia in the areas of natural resources management (except for oil and gas) and nuclear and radiation safety.
11. The Ministry of Environmental and Natural Resources Protection of Georgia shall be designated as the body exercising state control over the legal entities under public law called the National Environment Agency, the Agency of Protected Areas and the Basic Forest Nursery.
12. The acts issued by the Ministry of Energy and Natural Resources of Georgia, the Ministry of Environmental Protection of Georgia, and the legal entities under public law within their system, as well as by other relevant agencies, shall retain their legal force until the legal successor agencies issue new acts. In addition, the power to amend the above acts shall be granted to the relevant legal successor agencies.
13. With respect to the reorganisation of the ministries provided for by paragraph 10 of this article and the legal entities under public law within their system, the Government of Georgia shall ensure the adoption of the Ordinance of the Government of Georgia on the Reorganisation of the Ministry of Environmental Protection of Georgia, the Ministry of Energy and Natural Resources of Georgia, and of Legal Entities under Public Law within their System, on the Determination of their Legal Successors and on the Establishment of the State Sub-Agency.
14. The Ministry of Energy and Natural Resources of Georgia, the Ministry of Environmental Protection of Georgia, and the relevant legal entities under public law within their system, shall ensure the implementation of measures relating to reorganisation, which are provided for by the legislation of Georgia.
15. Within 10 days after the entry into force of this paragraph:
a) the Minister of Environmental and Natural Resources Protection of Georgia shall ensure the approval of the statutes of the legal entities under public law called the National Forest Agency, the National Environment Agency, the Agency of Protected Areas, the Basic Forest Nursery, and the state sub-agency called the Department of Environmental Protection Supervision;
b) the Minister of Energy of Georgia shall ensure the approval of the Statute of the Legal Entity under Public Law called the State Oil and Gas Agency.
Law of Georgia No195 of 24 June 2004 – LHG I, N 17, 7.7.2004, Art., 58
Law of Georgia No 806 of 24 December 2004 – LHG I, No 39, 25.12.2004, Art., 185
Law of Georgia No 777 of 23 December 2004 – LHG I, No 42, 31.12.2004, Art., 214
Law of Georgia No 1071 of 10 March 2005 – LHGI, N 11, 29.3.2005, Art.,70
Law of Georgia No 2656 of 17 February 2006 – LHG I, No 6, 24.2.2006, Art., 49
Law of Georgia No 5567 of 7 December 2007 – LHG I, No 394, 21.12.2007, Art., 394
Law of Georgia No 4962 of 24 June 2011 – website, 6.7.2011
Law of Georgia No 449 of 25 March 2013 – website, 5.4.2013
Law of Georgia No 1463 of 4 October 2013 – website, 22.10.2013
Law of Georgia No 1687 of 29 November 2013 – website, 16.12.2013
Article 36
The Law of Georgia of 15 April 1997 on the Structure and Procedure for Activity of the Executive Authority shall be considered invalid from the moment of the entry of this Law into force (Parliamentary Gazette, No 17-18, 9 May 1997, p. 32). The institutions of the executive authority and their heads shall exercise their powers before the Government starts exercising power in accordance with the Constitution of Georgia and this Law.
Article 37
This Law shall enter into force upon its promulgation.
President of Georgia Mikheil Saakashvili
Tbilisi
11 February 2004 No 3277-IIს
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